[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5272 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 5272
To establish the United States Boxing Commission to protect the general
welfare of boxers and to ensure fairness in the sport of professional
boxing.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 7, 2004
Mr. Stearns (for himself, Mr. Osborne, and Mr. King of New York)
introduced the following bill; which was referred to the Committee on
Energy and Commerce, and in addition to the Committee on Education and
the Workforce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish the United States Boxing Commission to protect the general
welfare of boxers and to ensure fairness in the sport of professional
boxing.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Boxing Commission
Act''.
SEC. 2. ESTABLISHMENT OF UNITED STATES BOXING COMMISSION.
(a) In General.--The United States Boxing Commission is established
as a commission within the Department of Commerce.
(b) Members.--
(1) In general.--The Commission shall consist of 3 members
appointed by the President, by and with the advice and consent
of the Senate.
(2) Qualifications.--No member of the Commission may, while
serving as a member of the Commission--
(A) be engaged as a professional boxer, boxing
promoter, agent, fight manager, matchmaker, referee,
judge, or in any other capacity in the conduct of the
business of professional boxing;
(B) have any pecuniary interest in the earnings of
any boxer or the proceeds or outcome of any boxing
match; or
(C) serve as a member of a boxing commission.
(3) Bipartisan membership.--Not more than 2 members of the
Commission may be members of the same political party.
(4) Geographic balance.--Not more than 2 members of the
Commission may be residents of the same geographic region of
the United States when appointed to the Commission. For
purposes of the preceding sentence, the area of the United
States east of the Mississippi River is a geographic region,
and the area of the United States west of the Mississippi River
is a geographic region.
(5) Terms.--
(A) In general.--The term of a member of the
Commission shall be 3 years. No member of the
Commission shall serve more than 2 terms.
(B) Midterm vacancies.--A member of the Commission
appointed to fill a vacancy in the Commission occurring
before the expiration of the term for which the
member's predecessor was appointed shall be appointed
for the remainder of that unexpired term.
(C) Continuation pending replacement.--A member of
the Commission may serve after the expiration of that
member's term until a successor has taken office.
(6) Removal.--A member of the Commission may be removed by
the President only for cause.
(c) Executive Director.--
(1) In general.--The Commission shall employ an Executive
Director to perform the administrative functions of the
Commission under this Act, and such other functions and duties
of the Commission as the Commission shall specify.
(2) Discharge of functions.--Subject to the authority,
direction, and control of the Commission the Executive Director
shall carry out the functions and duties of the Commission
under this Act.
(d) General Counsel.--The Commission shall employ a General Counsel
to provide legal counsel and advice to the Executive Director and the
Commission in the performance of its functions under this Act, and to
carry out such other functions and duties as the Commission shall
specify.
(e) Staff.--The Commission shall employ such additional staff as
the Commission considers appropriate to assist the Executive Director
and the General Counsel in carrying out the functions and duties of the
Commission under this Act.
(f) Meetings.--The Commission shall hold its first meeting no later
than 30 days after all members shall have been appointed.
(g) Compensation.--
(1) Members of commission.--
(A) In general.--Each member of the Commission
shall be compensated at a rate equal to the daily
equivalent of the annual rate of basic pay prescribed
for level IV of the Executive Schedule under section
5315 of title 5, United States Code, for each day
(including travel time) during which such member is
engaged in the performance of the duties of the
Commission.
(B) Travel expenses.--The members of the Commission
shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for employees
of agencies under subchapter I of chapter 57 of title
5, United States Code, while away from their homes or
regular places of business in the performance of
services for the Commission.
(2) Executive director and staff.--The Commission shall fix
the compensation of the Executive Director, the General
Counsel, and other personnel of the Commission. The rate of pay
for the Executive Director, the General Counsel, and other
personnel may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of title 5, United States
Code.
SEC. 3. FUNCTIONS.
(a) Primary Functions.--The primary functions of the Commission
are--
(1) to protect the general interests of boxers consistent
with the provisions of this Act; and
(2) to ensure uniformity, fairness, and integrity in
professional boxing.
(b) Specific Functions.--The Commission shall--
(1) promulgate uniform standards for professional boxing in
consultation with the Association of Boxing Commissions;
(2) except as otherwise determined by the Commission,
oversee all professional boxing matches in the United States;
(3) work with the boxing commissions of the several States
and tribal organizations to improve the status and standards of
professional boxing in the United States;
(4) ensure, in cooperation with the Attorney General (who
shall represent the Commission in any judicial proceeding under
this Act), the chief law enforcement officer of the several
States, and other appropriate officers and agencies of Federal,
State, and local government, that Federal and State laws
applicable to professional boxing matches in the United States
are vigorously, effectively, and fairly enforced;
(5) review State boxing commission regulations for
professional boxing and provide assistance to such authorities
in meeting minimum standards prescribed by the Commission under
this Act;
(6) if the Commission determines appropriate, publish a
newspaper, magazine, or other publication and establish and
maintain an Internet website consistent with the provisions of
this Act; and
(7) promulgate rules, regulations, and guidance, and take
any other action necessary and proper to accomplish the
purposes of, and consistent with, the provisions of this Act.
(c) Prohibitions.--The Commission may not--
(1) promote boxing events or rank professional boxers; or
(2) provide technical assistance to, or authorize the use
of the name of the Commission by, boxing commissions that do
not comply with requirements of the Commission.
SEC. 4. LICENSING AND REGISTRATION OF BOXING PERSONNEL.
(a) Licensing.--
(1) Requirement for license.--No person may compete in a
professional boxing match or serve as a boxing manager, boxing
promoter, or sanctioning organization for a professional boxing
match except as provided in a license granted to that person
under this subsection.
(2) Application and term.--
(A) In general.--The Commission shall--
(i) establish application procedures,
forms, and fees;
(ii) establish and publish appropriate
standards for licenses granted under this
section; and
(iii) issue a license to any person who, as
determined by the Commission, meets the
standards established by the Commission under
this Act.
(B) Duration.--A license issued under this section
shall be for a renewable--
(i) 4-year term for a boxer; and
(ii) 2-year term for any other person.
(C) Procedure.--The Commission may issue a license
under this paragraph through boxing commissions or in a
manner determined by the Commission.
(b) Licensing Fees.--
(1) Authority.--The Commission may prescribe and charge
reasonable fees for the licensing of persons under this Act.
The Commission may set, charge, and adjust varying fees on the
basis of classifications of persons, functions, and events
determined appropriate by the Commission.
(2) Limitations.--In setting and charging fees under
paragraph (1), the Commission shall ensure that, to the maximum
extent practicable--
(A) club boxing is not adversely effected;
(B) sanctioning organizations and promoters pay
comparatively the largest portion of the fees; and
(C) boxers pay as small a portion of the fees as is
possible.
(3) Collection.--Fees established under this subsection may
be collected through boxing commissions or by any other means
determined appropriate by the Commission.
SEC. 5. NATIONAL REGISTRY OF BOXING PERSONNEL.
The Commission shall establish and maintain (or authorize a third
party to establish and maintain) a unified national computerized
registry for the collection, storage, and retrieval of such information
as the Commission shall prescribe by rule related to the performance of
its duties.
SEC. 6. CONSULTATION REQUIREMENTS.
The Commission shall consult with the Association of Boxing
Commissions--
(1) before prescribing any regulation or establishing any
standard under the provisions of this Act; and
(2) not less than once each year regarding matters relating
to professional boxing.
SEC. 7. MISCONDUCT.
(a) Suspension and Revocation of License or Registration.--
(1) Authority.--The Commission may, after notice and
opportunity for a hearing, suspend or revoke any license issued
under this Act if the Commission finds that--
(A) the license holder has violated any provision
of this Act;
(B) there are reasonable grounds for belief that a
standard prescribed by the Commission under this Act is
not being met, or that bribery, collusion, intentional
losing, racketeering, extortion, or the use of unlawful
threats, coercion, or intimidation have occurred in
connection with a license; or
(C) the suspension or revocation in the public
interest.
(2) Period of suspension.--A suspension of a license under
this section shall be effective for a period determined
appropriate by the Commission.
(3) Period of revocation.--In the case of a revocation of
the license of a boxer, the revocation shall be for a period of
not less than 1 year.
(b) Investigations and Injunctions.--
(1) Authority.--The Commission may--
(A) conduct any investigation that it considers
necessary to determine whether any person has violated,
or is about to violate, any provision of this Act or
any regulation prescribed under this Act;
(B) require or permit any person to file with it a
statement in writing, under oath or otherwise as the
Commission shall determine, as to all the facts and
circumstances concerning the matter to be investigated;
(C) in its discretion, publish information
concerning any violations; and
(D) investigate any facts, conditions, practices,
or matters to aid in the enforcement of the provisions
of this Act, in the prescribing of regulations under
this Act, or in securing information to serve as a
basis for recommending legislation concerning the
matters to which this Act relates.
(2) Powers.--
(A) In general.--For the purpose of any
investigation under paragraph (1) or any other
proceeding under this Act--
(i) any officer designated by the
Commission may administer oaths and
affirmations, subpoena or otherwise compel the
attendance of witnesses, take evidence, and
require the production of any books, papers,
correspondence, memoranda, or other records the
Commission considers relevant or material to
the inquiry; and
(ii) the provisions of sections 6002 and
6004 of title 18, United States Code, shall
apply.
(B) Witnesses and evidence.--The attendance of
witnesses and the production of any documents under
subparagraph (A) may be required from any place in the
United States, including Indian land, at any designated
place of hearing.
(3) Enforcement of subpoenas.--
(A) Civil action.--In case of contumacy by, or
refusal to obey a subpoena issued to, any person, the
Commission may file an action in any district court of
the United States within the jurisdiction of which an
investigation or proceeding is carried out, or where
that person resides or carries on business, to enforce
the attendance and testimony of witnesses and the
production of books, papers, correspondence,
memorandums, and other records. The court may issue an
order requiring the person to appear before the
Commission to produce records, if so ordered, or to
give testimony concerning the matter under
investigation or in question.
(B) Failure to obey.--Any failure to obey an order
issued by a court under subparagraph (A) may be
punished as contempt of that court.
(C) Process.--All process in any contempt case
under subparagraph (A) may be served in the judicial
district in which the person is an inhabitant or in
which the person may be found.
(4) Evidence of criminal misconduct.--No person may be
excused from attending and testifying or from producing books,
papers, contracts, agreements, and other records and documents
before the Commission, in obedience to the subpoena of the
Commission, or in any cause or proceeding instituted by the
Commission, on the ground that the testimony or evidence,
documentary or otherwise, required of that person may tend to
incriminate the person or subject the person to a penalty or
forfeiture.
(5) Injunctive relief.--If the Commission determines that
any person is engaged or about to engage in any act or practice
that constitutes a violation of any provision of this Act, or
of any regulation prescribed under this Act, the Commission may
bring an action in the appropriate district court of the United
States, the United States District Court for the District of
Columbia, or the United States courts of any territory or other
place subject to the jurisdiction of the United States, to
enjoin the act or practice, and upon a proper showing, the
court shall grant without bond a permanent or temporary
injunction or restraining order.
(6) Mandamus.--Upon application of the Commission, the
district courts of the United States, the United States
District Court for the District of Columbia, and the United
States courts of any territory or other place subject to the
jurisdiction of the United States, shall have jurisdiction to
issue writs of mandamus commanding any person to comply with
the provisions of this Act or any order of the Commission.
(c) Intervention in Civil Actions.--
(1) In general.--The Commission, on behalf of the public
interest, may intervene of right as provided under rule 24(a)
of the Federal Rules of Civil Procedure in any civil action
relating to professional boxing filed in a district court of
the United States.
(2) Amicus filing.--The Commission may file a brief in any
action filed in a court of the United States on behalf of the
public interest in any case relating to professional boxing.
(d) Hearings by Commission.--Hearings conducted by the Commission
under this Act shall be public and may be held before any officer of
the Commission. The Commission shall keep appropriate records of the
hearings.
SEC. 8. NONINTERFERENCE WITH BOXING COMMISSIONS.
(a) Noninterference.--Nothing in this Act prohibits any boxing
commission from exercising any of its powers, duties, or functions with
respect to the regulation or supervision of professional boxing or
professional boxing matches to the extent not inconsistent with the
provisions of this Act.
(b) Minimum Standards.--Nothing in this Act prohibits any boxing
commission from enforcing local standards or requirements that exceed
the minimum standards or requirements promulgated by the Commission
under this Act.
SEC. 9. ASSISTANCE FROM OTHER AGENCIES.
Any employee of any executive department, agency, bureau, board,
commission, office, independent establishment, or instrumentality may
be detailed to the Commission, upon the request of the Commission, on a
reimbursable or nonreimbursable basis, with the consent of the
appropriate authority having jurisdiction over the employee. While so
detailed, an employee shall continue to receive the compensation
provided pursuant to law for the employee's regular position of
employment and shall retain, without interruption, the rights and
privileges of that employment.
SEC. 10. STUDY.
(a) Study.--The Commission shall conduct a study on the health and
safety aspects of boxing, including an examination of--
(1) the risks or serious injury and the nature of potential
injuries;
(2) the long term effect of boxing on the health of boxers;
and
(3) the effectiveness of safety standards and regulations.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Commission shall submit a report on the study required by
this section to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Energy and Commerce of the House of
Representatives, including recommendations to improve the health and
safety aspects of boxing.
SEC. 11. REPORTS.
(a) Annual Report.--Not later than 2 years after the date of
enactment of this Act, and each year thereafter, the Commission shall
submit a report on its activities to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Energy
and Commerce of the House of Representatives. The annual report shall
include--
(1) a detailed discussion of the activities of the
Commission for the year covered by the report; and
(2) an overview of the licensing and enforcement activities
of the State and tribal organization boxing commissions.
(b) Public Report.--The Commission shall annually issue and
publicize a report of the Commission on the progress made at Federal
and State levels and on Indian lands in the reform of professional
boxing, which shall include comments on issues of continuing concern to
the Commission.
SEC. 12. INITIAL IMPLEMENTATION.
(a) Temporary Exemption.--The requirements for licensing under this
Act do not apply to a person for the performance of an activity as a
boxer, boxing judge, or referee, or the performance of any other
professional activity in relation to a professional boxing match, if
the person is licensed by a boxing commission to perform that activity
as of the effective date of this Act.
(b) Expiration.--The exemption under subsection (a) with respect to
a license issued by a boxing commission expires on the earlier of--
(1) the date on which the license expires; or
(2) the date that is 2 years after the date of the
enactment of this Act.
SEC. 13. SUNSET PROVISION.
This Act shall cease to have effect 6 years after the date of
enactment of this Act.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated for the
Commission for each fiscal year such sums as may be necessary for the
Commission to perform its functions for that fiscal year.
(b) Receipts Credited as Offsetting Collections.--Notwithstanding
section 3302 of title 31, United States Code, any fee collected under
this Act--
(1) shall be credited as offsetting collections to the
account that finances the activities and services for which the
fee is imposed;
(2) shall be available for expenditure only to pay the
costs of activities and services for which the fee is imposed;
and
(3) shall remain available until expended.
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