US (United States) Code. Title 15. Chapter 89: Professional boxing safety

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Commerce and Trade

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15 USC CHAPTER 89 - PROFESSIONAL BOXING SAFETY 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 89 - PROFESSIONAL BOXING SAFETY

.

-HEAD-

CHAPTER 89 - PROFESSIONAL BOXING SAFETY

-MISC1-

Sec.

6301. Definitions.

6302. Purposes.

6303. Boxing matches in States without boxing commissions.

6304. Safety standards.

6305. Registration.

(a) Requirements.

(b) Identification card.

(c) Health and safety disclosures.

6306. Review.

(a) Procedures.

(b) Suspension in another State.

6307. Reporting.

6307a. Contract requirements.

6307b. Protection from coercive contracts.

(a) General rule.

(b) Promotional rights under mandatory bout

contracts.

(c) Protection from coercive contracts with

broadcasters.

6307c. Sanctioning organizations.

(a) Objective criteria.

(b) Appeals process.

(c) Notification of change in rating.

(d) Public disclosure.

6307d. Required disclosures to State boxing commissions by

sanctioning organizations.

6307e. Required disclosures for promoters.

(a) Disclosures to the boxing commissions.

(b) Disclosures to the boxer.

(c) Information to be available to State Attorney

General.

6307f. Required disclosures for judges and referees.

6307g. Confidentiality.

(a) In general.

(b) Effect of contrary State law.

6307h. Judges and referees.

6308. Conflicts of interest.

(a) Regulatory personnel.

(b) Firewall between promoters and managers.

(c) Sanctioning organizations.

6309. Enforcement.

(a) Injunctions.

(b) Criminal penalties.

(c) Actions by States.

(d) Private right of action.

(e) Enforcement against Federal Trade Commission,

State Attorneys General, etc.

6310. Notification of supervising boxing commission.

6311. Studies.

(a) Pension.

(b) Health, safety, and equipment.

(c) Reports.

6312. Professional boxing matches conducted on Indian reservations.

(a) Definitions.

(b) Requirements.

6313. Relationship with State law.

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15 USC Sec. 6301 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 89 - PROFESSIONAL BOXING SAFETY

-HEAD-

Sec. 6301. Definitions

-STATUTE-

For purposes of this chapter:

(1) Boxer

The term ''boxer'' means an individual who fights in a

professional boxing match.

(2) Boxing commission

(A) (FOOTNOTE 1) The term ''boxing commission'' means an entity

authorized under State law to regulate professional boxing

matches.

(FOOTNOTE 1) So in original. No subpar. (B) has been enacted.

(3) Boxer registry

The term ''boxer registry'' means any entity certified by the

Association of Boxing Commissions for the purposes of maintaining

records and identification of boxers.

(4) Licensee

The term ''licensee'' means an individual who serves as a

trainer, second, or cut man for a boxer.

(5) Manager

The term ''manager'' means a person who receives compensation

for service as an agent or representative of a boxer.

(6) Matchmaker

The term ''matchmaker'' means a person that proposes, selects,

and arranges the boxers to participate in a professional boxing

match.

(7) Physician

The term ''physician'' means a doctor of medicine legally

authorized to practice medicine by the State in which the

physician performs such function or action.

(8) Professional boxing match

The term ''professional boxing match'' means a boxing contest

held in the United States between individuals for financial

compensation. Such term does not include a boxing contest that

is regulated by an amateur sports organization.

(9) Promoter

The term ''promoter'' means the person primarily responsible

for organizing, promoting, and producing a professional boxing

match. The term ''promoter'' does not include a hotel, casino,

resort, or other commercial establishment hosting or sponsoring a

professional boxing match unless -

(A) the hotel, casino, resort, or other commercial

establishment is primarily responsible for organizing,

promoting, and producing the match; and

(B) there is no other person primarily responsible for

organizing, promoting, and producing the match.

(10) State

The term ''State'' means each of the 50 States, Puerto Rico,

the District of Columbia, and any territory or possession of the

United States, including the Virgin Islands.

(11) Effective date of the contract

The term ''effective date of the contract'' means the day upon

which a boxer becomes legally bound by the contract.

(12) Boxing service provider

The term ''boxing service provider'' means a promoter, manager,

sanctioning body, licensee, or matchmaker.

(13) Contract provision

The term ''contract provision'' means any legal obligation

between a boxer and a boxing service provider.

(14) Sanctioning organization

The term ''sanctioning organization'' means an organization

that sanctions professional boxing matches in the United States -

(A) between boxers who are residents of different States; or

(B) that are advertised, otherwise promoted, or broadcast

(including closed circuit television) in interstate commerce.

(15) Suspension

The term ''suspension'' includes within its meaning the

revocation of a boxing license.

-SOURCE-

(Pub. L. 104-272, Sec. 2, Oct. 9, 1996, 110 Stat. 3309; Pub. L.

106-210, Sec. 7(a), May 26, 2000, 114 Stat. 327.)

-COD-

CODIFICATION

Pub. L. 106-210, Sec. 7(a), which directed amendments to subsec.

(a) of this section, was executed as if it directed amendments to

this section rather than to subsec. (a) of this section to reflect

the probable intent of Congress because this section does not

contain a subsec. (a). See 2000 Amendment notes below.

-MISC3-

AMENDMENTS

2000 - Par. (9). Pub. L. 106-210, Sec. 7(a)(1), inserted last

sentence. See Codification note above.

Par. (10). Pub. L. 106-210, Sec. 7(a)(2), inserted '', including

the Virgin Islands'' before the period at end. See Codification

note above.

Pars. (11) to (15). Pub. L. 106-210, Sec. 7(a)(3), added pars.

(11) to (15). See Codification note above.

EFFECTIVE DATE

Pub. L. 104-272, Sec. 23, formerly Sec. 15, Oct. 9, 1996, 110

Stat. 3314, as renumbered Sec. 23 by Pub. L. 106-210, Sec. 4(1),

May 26, 2000, 114 Stat. 322, provided that: ''The provisions of

this Act (enacting this chapter) shall take effect on January 1,

1997, except as follows:

''(1) Section 9 (now section 17, enacting section 6308 of this

title) shall not apply to an otherwise authorized boxing

commission in the Commonwealth of Virginia until July 1, 1998.

''(2) Sections 5 through 9 (enacting sections 6304 to 6308 of

this title) shall take effect on July 1, 1997.''

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-210, Sec. 1, May 26, 2000, 114 Stat. 321, provided

that: ''This Act (enacting sections 6307a to 6307h of this title,

amending this section and sections 6303, 6305, 6306, and 6308 to

6313 of this title, and enacting and amending provisions set out as

notes under this section) may be cited as the 'Muhammad Ali Boxing

Reform Act'.''

SHORT TITLE

Section 1 of Pub. L. 104-272 provided that: ''This Act (enacting

this chapter) may be cited as the 'Professional Boxing Safety Act

of 1996'.''

FINDINGS

Pub. L. 106-210, Sec. 2, May 26, 2000, 114 Stat. 321, provided

that: ''The Congress makes the following findings:

''(1) Professional boxing differs from other major, interstate

professional sports industries in the United States in that it

operates without any private sector association, league, or

centralized industry organization to establish uniform and

appropriate business practices and ethical standards. This has

led to repeated occurrences of disreputable and coercive business

practices in the boxing industry, to the detriment of

professional boxers nationwide.

''(2) State officials are the proper regulators of professional

boxing events, and must protect the welfare of professional

boxers and serve the public interest by closely supervising

boxing activity in their jurisdiction. State boxing commissions

do not currently receive adequate information to determine

whether boxers competing in their jurisdiction are being

subjected to contract terms and business practices which may

violate State regulations, or are onerous and confiscatory.

''(3) Promoters who engage in illegal, coercive, or unethical

business practices can take advantage of the lack of equitable

business standards in the sport by holding boxing events in

States with weaker regulatory oversight.

''(4) The sanctioning organizations which have proliferated in

the boxing industry have not established credible and objective

criteria to rate professional boxers, and operate with virtually

no industry or public oversight. Their ratings are susceptible

to manipulation, have deprived boxers of fair opportunities for

advancement, and have undermined public confidence in the

integrity of the sport.

''(5) Open competition in the professional boxing industry has

been significantly interfered with by restrictive and

anticompetitive business practices of certain promoters and

sanctioning bodies, to the detriment of the athletes and the

ticket-buying public. Common practices of promoters and

sanctioning organizations represent restraints of interstate

trade in the United States.

''(6) It is necessary and appropriate to establish national

contracting reforms to protect professional boxers and prevent

exploitive business practices, and to require enhanced financial

disclosures to State athletic commissions to improve the public

oversight of the sport.''

PURPOSES OF 2000 AMENDMENT

Pub. L. 106-210, Sec. 3, May 26, 2000, 114 Stat. 322, provided

that: ''The purposes of this Act (see Short Title of 2000 Amendment

note above) are -

''(1) to protect the rights and welfare of professional boxers

on an interstate basis by preventing certain exploitive,

oppressive, and unethical business practices;

''(2) to assist State boxing commissions in their efforts to

provide more effective public oversight of the sport; and

''(3) to promote honorable competition in professional boxing

and enhance the overall integrity of the industry.''

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15 USC Sec. 6302 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 89 - PROFESSIONAL BOXING SAFETY

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Sec. 6302. Purposes

-STATUTE-

The purposes of this chapter are -

(1) to improve and expand the system of safety precautions that

protects the welfare of professional boxers; and

(2) to assist State boxing commissions to provide proper

oversight for the professional boxing industry in the United

States.

-SOURCE-

(Pub. L. 104-272, Sec. 3, Oct. 9, 1996, 110 Stat. 3310.)

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15 USC Sec. 6303 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 89 - PROFESSIONAL BOXING SAFETY

-HEAD-

Sec. 6303. Boxing matches in States without boxing commissions

-STATUTE-

(a) No person may arrange, promote, organize, produce, or fight

in a professional boxing match held in a State that does not have a

boxing commission unless the match is supervised by a boxing

commission from another State and subject to the most recent

version of the recommended regulatory guidelines certified and

published by the Association of Boxing Commissions as well as any

additional relevant professional boxing regulations and

requirements of such other State.

(b) For the purpose of this chapter, if no State commission is

available to supervise a boxing match according to subsection (a)

of this section, then -

(1) the match may not be held unless it is supervised by an

association of boxing commissions to which at least a majority of

the States belong; and

(2) any reporting or other requirement relating to a

supervising commission allowed under this section shall be deemed

to refer to the entity described in paragraph (1).

-SOURCE-

(Pub. L. 104-272, Sec. 4, Oct. 9, 1996, 110 Stat. 3310; Pub. L.

106-210, Sec. 7(e), May 26, 2000, 114 Stat. 328.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-210 designated existing provisions as subsec.

(a) and added subsec. (b).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6308, 6310 of this title.

-CITE-

15 USC Sec. 6304 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 89 - PROFESSIONAL BOXING SAFETY

-HEAD-

Sec. 6304. Safety standards

-STATUTE-

No person may arrange, promote, organize, produce, or fight in a

professional boxing match without meeting each of the following

requirements or an alternative requirement in effect under

regulations of a boxing commission that provides equivalent

protection of the health and safety of boxers:

(1) A physical examination of each boxer by a physician

certifying whether or not the boxer is physically fit to safely

compete, copies of which must be provided to the boxing

commission.

(2) Except as otherwise expressly provided under regulation of

a boxing commission promulgated subsequent to October 9, 1996, an

ambulance or medical personnel with appropriate resuscitation

equipment continuously present on site.

(3) A physician continuously present at ringside.

(4) Health insurance for each boxer to provide medical coverage

for any injuries sustained in the match.

-SOURCE-

(Pub. L. 104-272, Sec. 5, Oct. 9, 1996, 110 Stat. 3310.)

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15 USC Sec. 6305 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 89 - PROFESSIONAL BOXING SAFETY

-HEAD-

Sec. 6305. Registration

-STATUTE-

(a) Requirements

Each boxer shall register with -

(1) the boxing commission of the State in which such boxer

resides; or

(2) in the case of a boxer who is a resident of a foreign

country, or a State in which there is no boxing commission, the

boxing commission of any State that has such a commission.

(b) Identification card

(1) Issuance

A boxing commission shall issue to each professional boxer who

registers in accordance with subsection (a) of this section, an

identification card that contains each of the following:

(A) A recent photograph of the boxer.

(B) The social security number of the boxer (or, in the case

of a foreign boxer, any similar citizen identification number

or professional boxer number from the country of residence of

the boxer).

(C) A personal identification number assigned to the boxer by

a boxing registry.

(2) Renewal

Each professional boxer shall renew his or her identification

card at least once every 4 years.

(3) Presentation

Each professional boxer shall present his or her identification

card to the appropriate boxing commission not later than the time

of the weigh-in for a professional boxing match.

(c) Health and safety disclosures

It is the sense of the Congress that a boxing commission should,

upon issuing an identification card to a boxer under subsection

(b)(1) of this section, make a health and safety disclosure to that

boxer as that commission considers appropriate. The health and

safety disclosure should include the health and safety risks

associated with boxing, and, in particular, the risk and frequency

of brain injury and the advisability that a boxer periodically

undergo medical procedures designed to detect brain injury.

-SOURCE-

(Pub. L. 104-272, Sec. 6, Oct. 9, 1996, 110 Stat. 3310; Pub. L.

106-210, Sec. 7(c), (f), May 26, 2000, 114 Stat. 328.)

-MISC1-

AMENDMENTS

2000 - Subsec. (b)(2). Pub. L. 106-210, Sec. 7(c), substituted

''4 years'' for ''2 years''.

Subsec. (c). Pub. L. 106-210, Sec. 7(f), added subsec. (c).

-CITE-

15 USC Sec. 6306 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 89 - PROFESSIONAL BOXING SAFETY

-HEAD-

Sec. 6306. Review

-STATUTE-

(a) Procedures

Each boxing commission shall establish each of the following

procedures:

(1) Procedures to evaluate the professional records and

physician's certification of each boxer participating in a

professional boxing match in the State, and to deny authorization

for a boxer to fight where appropriate.

(2) Procedures to ensure that, except as provided in subsection

(b) of this section, no boxer is permitted to box while under

suspension from any boxing commission due to -

(A) a recent knockout or series of consecutive losses;

(B) an injury, requirement for a medical procedure, or

physician denial of certification;

(C) failure of a drug test;

(D) the use of false aliases, or falsifying, or attempting to

falsify, official identification cards or documents; or

(E) unsportsmanlike conduct or other inappropriate behavior

inconsistent with generally accepted methods of competition in

a professional boxing match.

(3) Procedures to review a suspension where appealed by a

boxer, licensee, manager, matchmaker, promoter, or other boxing

service provider, including an opportunity for a boxer to present

contradictory evidence.

(4) Procedures to revoke a suspension where a boxer -

(A) was suspended under subparagraph (A) or (B) of paragraph

(2) of this subsection, and has furnished further proof of a

sufficiently improved medical or physical condition; or

(B) furnishes proof under subparagraph (C) or (D) of

paragraph (2) that a suspension was not, or is no longer,

merited by the facts.

(b) Suspension in another State

A boxing commission may allow a boxer who is under suspension in

any State to participate in a professional boxing match -

(1) for any reason other than those listed in subsection (a) of

this section if such commission notifies in writing and consults

with the designated official of the suspending State's boxing

commission prior to the grant of approval for such individual to

participate in that professional boxing match; or

(2) if the boxer appeals to the Association of Boxing

Commissions, and the Association of Boxing Commissions determines

that the suspension of such boxer was without sufficient grounds,

for an improper purpose, or not related to the health and safety

of the boxer or the purposes of this chapter.

-SOURCE-

(Pub. L. 104-272, Sec. 7, Oct. 9, 1996, 110 Stat. 3311; Pub. L.

106-210, Sec. 7(b), (d), May 26, 2000, 114 Stat. 328.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(2)(E). Pub. L. 106-210, Sec. 7(b), added

subpar. (E).

Subsec. (a)(3). Pub. L. 106-210, Sec. 7(d), substituted ''boxer,

licensee, manager, matchmaker, promoter, or other boxing service

provider'' for ''boxer'' the first place appearing.

-CITE-

15 USC Sec. 6307 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 89 - PROFESSIONAL BOXING SAFETY

-HEAD-

Sec. 6307. Reporting

-STATUTE-

Not later than 48 business hours after the conclusion of a

professional boxing match, the supervising boxing commission shall

report the results of such boxing match and any related suspensions

to each boxer registry.

-SOURCE-

(Pub. L. 104-272, Sec. 8, Oct. 9, 1996, 110 Stat. 3311.)

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15 USC Sec. 6307a 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 89 - PROFESSIONAL BOXING SAFETY

-HEAD-

Sec. 6307a. Contract requirements

-STATUTE-

Within 2 years after May 26, 2000, the Association of Boxing

Commissions (ABC) shall develop and shall approve by a vote of no

less than a majority of its member State boxing commissioners,

guidelines for minimum contractual provisions that should be

included in bout agreements and boxing contracts. It is the sense

of the Congress that State boxing commissions should follow these

ABC guidelines.

-SOURCE-

(Pub. L. 104-272, Sec. 9, as added Pub. L. 106-210, Sec. 4(2), May

26, 2000, 114 Stat. 322.)

-MISC1-

PRIOR PROVISIONS

A prior section 9 of Pub. L. 104-272 was renumbered section 17

and is classified to section 6308 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6309 of this title.

-CITE-

15 USC Sec. 6307b 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 89 - PROFESSIONAL BOXING SAFETY

-HEAD-

Sec. 6307b. Protection from coercive contracts

-STATUTE-

(a) General rule

(1)(A) A contract provision shall be considered to be in

restraint of trade, contrary to public policy, and unenforceable

against any boxer to the extent that it -

(i) is a coercive provision described in subparagraph (B) and

is for a period greater than 12 months; or

(ii) is a coercive provision described in subparagraph (B) and

the other boxer under contract to the promoter came under that

contract pursuant to a coercive provision described in

subparagraph (B).

(B) A coercive provision described in this subparagraph is a

contract provision that grants any rights between a boxer and a

promoter, or between promoters with respect to a boxer, if the

boxer is required to grant such rights, or a boxer's promoter is

required to grant such rights with respect to a boxer to another

promoter, as a condition precedent to the boxer's participation in

a professional boxing match against another boxer who is under

contract to the promoter.

(2) This subsection shall only apply to contracts entered into

after May 26, 2000.

(3) No subsequent contract provision extending any rights or

compensation covered in paragraph (1) shall be enforceable against

a boxer if the effective date of the contract containing such

provision is earlier than 3 months before the expiration of the

relevant time period set forth in paragraph (1).

(b) Promotional rights under mandatory bout contracts

No boxing service provider may require a boxer to grant any

future promotional rights as a requirement of competing in a

professional boxing match that is a mandatory bout under the rules

of a sanctioning organization.

(c) Protection from coercive contracts with broadcasters

Subsection (a) of this section applies to any contract between a

commercial broadcaster and a boxer, or granting any rights with

respect to that boxer, involving a broadcast in or affecting

interstate commerce, regardless of the broadcast medium. For the

purpose of this subsection, any reference in subsection (a)(1)(B)

of this section to ''promoter'' shall be considered a reference to

''commercial broadcaster''.

-SOURCE-

(Pub. L. 104-272, Sec. 10, as added Pub. L. 106-210, Sec. 4(2), May

26, 2000, 114 Stat. 322.)

-MISC1-

PRIOR PROVISIONS

A prior section 10 of Pub. L. 104-272 was renumbered section 18

and is classified to section 6309 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6309 of this title.

-CITE-

15 USC Sec. 6307c 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 89 - PROFESSIONAL BOXING SAFETY

-HEAD-

Sec. 6307c. Sanctioning organizations

-STATUTE-

(a) Objective criteria

Within 2 years after May 26, 2000, the Association of Boxing

Commissions shall develop and shall approve by a vote of no less

than a majority of its member State boxing commissioners,

guidelines for objective and consistent written criteria for the

ratings of professional boxers. It is the sense of the Congress

that sanctioning bodies and State boxing commissions should follow

these ABC guidelines.

(b) Appeals process

A sanctioning organization shall not be entitled to receive any

compensation, directly or indirectly, in connection with a boxing

match, until it provides the boxers with notice that the

sanctioning organization shall, within 7 days after receiving a

request from a boxer questioning that organization's rating of the

boxer -

(1) provide to the boxer a written explanation of the

organization's criteria, its rating of the boxer, and the

rationale or basis for its rating (including a response to any

specific questions submitted by the boxer); and

(2) submit a copy of its explanation to the Association of

Boxing Commissions.

(c) Notification of change in rating

A sanctioning organization shall not be entitled to receive any

compensation, directly or indirectly, in connection with a boxing

match, until, with respect to a change in the rating of a boxer

previously rated by such organization in the top 10 boxers, the

organization -

(1) posts a copy, within 7 days of such change, on its Internet

website or home page, if any, including an explanation of such

change, for a period of not less than 30 days; and

(2) provides a copy of the rating change and explanation to an

association to which at least a majority of the State boxing

commissions belong.

(d) Public disclosure

(1) Federal Trade Commission filing

A sanctioning organization shall not be entitled to receive any

compensation directly or indirectly in connection with a boxing

match unless, not later than January 31 of each year, it submits

to the Federal Trade Commission and to the ABC -

(A) a complete description of the organization's ratings

criteria, policies, and general sanctioning fee schedule;

(B) the bylaws of the organization;

(C) the appeals procedure of the organization for a boxer's

rating; and

(D) a list and business address of the organization's

officials who vote on the ratings of boxers.

(2) Format; updates

A sanctioning organization shall -

(A) provide the information required under paragraph (1) in

writing, and, for any document greater than 2 pages in length,

also in electronic form; and

(B) promptly notify the Federal Trade Commission of any

material change in the information submitted.

(3) Federal Trade Commission to make information available to

public

The Federal Trade Commission shall make information received

under this subsection available to the public. The Commission

may assess sanctioning organizations a fee to offset the costs it

incurs in processing the information and making it available to

the public.

(4) Internet alternative

In lieu of submitting the information required by paragraph (1)

to the Federal Trade Commission, a sanctioning organization may

provide the information to the public by maintaining a website on

the Internet that -

(A) is readily accessible by the general public using

generally available search engines and does not require a

password or payment of a fee for full access to all the

information;

(B) contains all the information required to be submitted to

the Federal Trade Commission by paragraph (1) in an easy to

search and use format; and

(C) is updated whenever there is a material change in the

information.

-SOURCE-

(Pub. L. 104-272, Sec. 11, as added Pub. L. 106-210, Sec. 4(2), May

26, 2000, 114 Stat. 323.)

-MISC1-

PRIOR PROVISIONS

A prior section 11 of Pub. L. 104-272 was renumbered section 19

and is classified to section 6310 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6309 of this title.

-CITE-

15 USC Sec. 6307d 01/06/03

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TITLE 15 - COMMERCE AND TRADE

CHAPTER 89 - PROFESSIONAL BOXING SAFETY

-HEAD-

Sec. 6307d. Required disclosures to State boxing commissions by

sanctioning organizations

-STATUTE-

A sanctioning organization shall not be entitled to receive any

compensation directly or indirectly in connection with a boxing

match until it provides to the boxing commission responsible for

regulating the match in a State a statement of -

(1) all charges, fees, and costs the organization will assess

any boxer participating in that match;

(2) all payments, benefits, complimentary benefits, and fees

the organization will receive for its affiliation with the event,

from the promoter, host of the event, and all other sources; and

(3) such additional information as the commission may require.

-SOURCE-

(Pub. L. 104-272, Sec. 12, as added Pub. L. 106-210, Sec. 4(2), May

26, 2000, 114 Stat. 324.)

-MISC1-

PRIOR PROVISIONS

A prior section 12 of Pub. L. 104-272 was renumbered section 20

and is classified to section 6311 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6309 of this title.

-CITE-

15 USC Sec. 6307e 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 89 - PROFESSIONAL BOXING SAFETY

-HEAD-

Sec. 6307e. Required disclosures for promoters

-STATUTE-

(a) Disclosures to the boxing commissions

A promoter shall not be entitled to receive any compensation

directly or indirectly in connection with a boxing match until it

provides to the boxing commission responsible for regulating the

match in a State a statement of -

(1) a copy of any agreement in writing to which the promoter is

a party with any boxer participating in the match;

(2) a statement made under penalty of perjury that there are no

other agreements, written or oral, between the promoter and the

boxer with respect to that match; and

(3)(A) all fees, charges, and expenses that will be assessed by

or through the promoter on the boxer pertaining to the event,

including any portion of the boxer's purse that the promoter will

receive, and training expenses;

(B) all payments, gifts, or benefits the promoter is providing

to any sanctioning organization affiliated with the event; and

(C) any reduction in a boxer's purse contrary to a previous

agreement between the promoter and the boxer or a purse bid held

for the event.

(b) Disclosures to the boxer

A promoter shall not be entitled to receive any compensation

directly or indirectly in connection with a boxing match until it

provides to the boxer it promotes -

(1) the amounts of any compensation or consideration that a

promoter has contracted to receive from such match;

(2) all fees, charges, and expenses that will be assessed by or

through the promoter on the boxer pertaining to the event,

including any portion of the boxer's purse that the promoter will

receive, and training expenses; and

(3) any reduction in a boxer's purse contrary to a previous

agreement between the promoter and the boxer or a purse bid held

for the event.

(c) Information to be available to State Attorney General

A promoter shall make information required to be disclosed under

this section available to the chief law enforcement officer of the

State in which the match is to be held upon request of such

officer.

-SOURCE-

(Pub. L. 104-272, Sec. 13, as added Pub. L. 106-210, Sec. 4(2), May

26, 2000, 114 Stat. 324.)

-MISC1-

PRIOR PROVISIONS

A prior section 13 of Pub. L. 104-272 was renumbered section 21

and is classified to section 6312 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6307g, 6309 of this

title.

-CITE-

15 USC Sec. 6307f 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 89 - PROFESSIONAL BOXING SAFETY

-HEAD-

Sec. 6307f. Required disclosures for judges and referees

-STATUTE-

A judge or referee shall not be entitled to receive any

compensation, directly or indirectly, in connection with a boxing

match until it provides to the boxing commission responsible for

regulating the match in a State a statement of all consideration,

including reimbursement for expenses, that will be received from

any source for participation in the match.

-SOURCE-

(Pub. L. 104-272, Sec. 14, as added Pub. L. 106-210, Sec. 4(2), May

26, 2000, 114 Stat. 325.)

-MISC1-

PRIOR PROVISIONS

A prior section 14 of Pub. L. 104-272 was renumbered section 22

and is classified to section 6313 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6309 of this title.

-CITE-

15 USC Sec. 6307g 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 89 - PROFESSIONAL BOXING SAFETY

-HEAD-

Sec. 6307g. Confidentiality

-STATUTE-

(a) In general

Neither a boxing commission or (FOOTNOTE 1) an Attorney General

may disclose to the public any matter furnished by a promoter under

section 6307e of this title except to the extent required in a

legal, administrative, or judicial proceeding.

(FOOTNOTE 1) So in original. Probably should be ''nor''.

(b) Effect of contrary State law

If a State law governing a boxing commission requires that

information that would be furnished by a promoter under section

6307e of this title shall be made public, then a promoter is not

required to file such information with such State if the promoter

files such information with the ABC.

-SOURCE-

(Pub. L. 104-272, Sec. 15, as added Pub. L. 106-210, Sec. 4(2), May

26, 2000, 114 Stat. 325.)

-MISC1-

PRIOR PROVISIONS

A prior section 15 of Pub. L. 104-272 was renumbered section 23

and is set out as a note under section 6301 of this title.

-CITE-

15 USC Sec. 6307h 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 89 - PROFESSIONAL BOXING SAFETY

-HEAD-

Sec. 6307h. Judges and referees

-STATUTE-

No person may arrange, promote, organize, produce, or fight in a

professional boxing match unless all referees and judges

participating in the match have been certified and approved by the

boxing commission responsible for regulating the match in the State

where the match is held.

-SOURCE-

(Pub. L. 104-272, Sec. 16, as added Pub. L. 106-210, Sec. 4(2), May

26, 2000, 114 Stat. 325.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6309 of this title.

-CITE-

15 USC Sec. 6308 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 89 - PROFESSIONAL BOXING SAFETY

-HEAD-

Sec. 6308. Conflicts of interest

-STATUTE-

(a) Regulatory personnel

No member or employee of a boxing commission, no person who

administers or enforces State boxing laws, and no member of the

Association of Boxing Commissions may belong to, contract with, or

receive any compensation from, any person who sanctions, arranges,

or promotes professional boxing matches or who otherwise has a

financial interest in an active boxer currently registered with a

boxer registry. For purposes of this section, the term

''compensation'' does not include funds held in escrow for payment

to another person in connection with a professional boxing match.

The prohibition set forth in this section shall not apply to any

contract entered into, or any reasonable compensation received, by

a boxing commission to supervise a professional boxing match in

another State as described in section 6303 of this title.

(b) Firewall between promoters and managers

(1) In general

It is unlawful for -

(A) a promoter to have a direct or indirect financial

interest in the management of a boxer; or

(B) a manager -

(i) to have a direct or indirect financial interest in the

promotion of a boxer; or

(ii) to be employed by or receive compensation or other

benefits from a promoter, except for amounts received as

consideration under the manager's contract with the boxer.

(2) Exceptions

Paragraph (1) -

(A) does not prohibit a boxer from acting as his own promoter

or manager; and

(B) only applies to boxers participating in a boxing match of

10 rounds or more.

(c) Sanctioning organizations

(1) Prohibition on receipts

Except as provided in paragraph (2), no officer or employee of

a sanctioning organization may receive any compensation, gift, or

benefit, directly or indirectly, from a promoter, boxer, or

manager.

(2) Exceptions

Paragraph (1) does not apply to -

(A) the receipt of payment by a promoter, boxer, or manager

of a sanctioning organization's published fee for sanctioning a

professional boxing match or reasonable expenses in connection

therewith if the payment is reported to the responsible boxing

commission; or

(B) the receipt of a gift or benefit of de minimis value.

-SOURCE-

(Pub. L. 104-272, Sec. 17, formerly Sec. 9, Oct. 9, 1996, 110 Stat.

3311; renumbered Sec. 17 and amended Pub. L. 106-210, Sec. 4(1), 5,

May 26, 2000, 114 Stat. 322, 325.)

-MISC1-

AMENDMENTS

2000 - Pub. L. 106-210, Sec. 5, designated existing provisions as

subsec. (a), inserted subsec. heading, and added subsecs. (b) and

(c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6309 of this title.

-CITE-

15 USC Sec. 6309 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 89 - PROFESSIONAL BOXING SAFETY

-HEAD-

Sec. 6309. Enforcement

-STATUTE-

(a) Injunctions

Whenever the Attorney General of the United States has reasonable

cause to believe that a person is engaged in a violation of this

chapter, the Attorney General may bring a civil action in the

appropriate district court of the United States requesting such

relief, including a permanent or temporary injunction, restraining

order, or other order, against the person, as the Attorney General

determines to be necessary to restrain the person from continuing

to engage in, sanction, promote, or otherwise participate in a

professional boxing match in violation of this chapter.

(b) Criminal penalties

(1) Managers, promoters, matchmakers, and licensees

Any manager, promoter, matchmaker, and licensee who knowingly

violates, or coerces or causes any other person to violate, any

provision of this chapter, other than section 6307a(b), (FOOTNOTE

1) 6307b, 6307c, 6307d, 6307e, 6307f, or 6307h of this title,

shall, upon conviction, be imprisoned for not more than 1 year or

fined not more than $20,000, or both.

(FOOTNOTE 1) So in original. Section 6307a does not contain a

subsec. (b).

(2) Violation of antiexploitation, sanctioning organization, or

disclosure provisions

Any person who knowingly violates any provision of section

6307a(b), (FOOTNOTE 1) 6307b, 6307c, 6307d, 6307e, 6307f, or

6307h of this title shall, upon conviction, be imprisoned for not

more than 1 year or fined not more than -

(A) $100,000; and

(B) if a violation occurs in connection with a professional

boxing match the gross revenues for which exceed $2,000,000, an

additional amount which bears the same ratio to $100,000 as the

amount of such revenues compared to $2,000,000, or both.

(3) Conflict of interest

Any member or employee of a boxing commission, any person who

administers or enforces State boxing laws, and any member of the

Association of Boxing Commissions who knowingly violates section

6308(a) of this title shall, upon conviction, be imprisoned for

not more than 1 year or fined not more than $20,000, or both.

(4) Boxers

Any boxer who knowingly violates any provision of this chapter

shall, upon conviction, be fined not more than $1,000.

(c) Actions by States

Whenever the chief law enforcement officer of any State has

reason to believe that a person or organization is engaging in

practices which violate any requirement of this chapter, the State,

as parens patriae, may bring a civil action on behalf of its

residents in an appropriate district court of the United States -

(1) to enjoin the holding of any professional boxing match

which the practice involves;

(2) to enforce compliance with this chapter;

(3) to obtain the fines provided under subsection (b) of this

section or appropriate restitution; or

(4) to obtain such other relief as the court may deem

appropriate.

(d) Private right of action

Any boxer who suffers economic injury as a result of a violation

of any provision of this chapter may bring an action in the

appropriate Federal or State court and recover the damages

suffered, court costs, and reasonable attorneys fees and expenses.

(e) Enforcement against Federal Trade Commission, State Attorneys

General, etc.

Nothing in this chapter authorizes the enforcement of -

(1) any provision of this chapter against the Federal Trade

Commission, the United States Attorney General, or the chief

legal officer of any State for acting or failing to act in an

official capacity;

(2) subsection (d) of this section against a State or political

subdivision of a State, or any agency or instrumentality thereof;

or

(3) section 6307b of this title against a boxer acting in his

capacity as a boxer.

-SOURCE-

(Pub. L. 104-272, Sec. 18, formerly Sec. 10, Oct. 9, 1996, 110

Stat. 3312; renumbered Sec. 18 and amended Pub. L. 106-210, Sec.

4(1), 6, May 26, 2000, 114 Stat. 322, 326.)

-MISC1-

AMENDMENTS

2000 - Subsec. (b)(1). Pub. L. 106-210, Sec. 6(1), inserted '',

other than section 6307a(b), 6307b, 6307c, 6307d, 6307e, 6307f, or

6307h of this title,'' after ''this chapter''.

Subsec. (b)(2). Pub. L. 106-210, Sec. 6(3), added par. (2).

Former par. (2) redesignated (3).

Subsec. (b)(3), (4). Pub. L. 106-210, Sec. 6(2), (4),

redesignated pars. (2) and (3) as (3) and (4), respectively, and in

par. (3) substituted ''section 6308(a)'' for ''section 6308''.

Subsecs. (c) to (e). Pub. L. 106-210, Sec. 6(5), added subsecs.

(c) to (e).

-CITE-

15 USC Sec. 6310 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 89 - PROFESSIONAL BOXING SAFETY

-HEAD-

Sec. 6310. Notification of supervising boxing commission

-STATUTE-

Each promoter who intends to hold a professional boxing match in

a State that does not have a boxing commission shall, not later

than 14 days before the intended date of that match, provide

written notification to the supervising boxing commission

designated under section 6303 of this title. Such notification

shall contain each of the following:

(1) Assurances that, with respect to that professional boxing

match, all applicable requirements of this chapter will be met.

(2) The name of any person who, at the time of the submission

of the notification -

(A) is under suspension from a boxing commission; and

(B) will be involved in organizing or participating in the

event.

(3) For any individual listed under paragraph (2), the identity

of the boxing commission that issued the suspension described in

paragraph (2)(A).

-SOURCE-

(Pub. L. 104-272, Sec. 19, formerly Sec. 11, Oct. 9, 1996, 110

Stat. 3312; renumbered Sec. 19, Pub. L. 106-210, Sec. 4(1), May 26,

2000, 114 Stat. 322.)

-CITE-

15 USC Sec. 6311 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 89 - PROFESSIONAL BOXING SAFETY

-HEAD-

Sec. 6311. Studies

-STATUTE-

(a) Pension

The Secretary of Labor shall conduct a study on the feasibility

and cost of a national pension system for boxers, including

potential funding sources.

(b) Health, safety, and equipment

The Secretary of Health and Human Services shall conduct a study

to develop recommendations for health, safety, and equipment

standards for boxers and for professional boxing matches.

(c) Reports

Not later than one year after October 9, 1996, the Secretary of

Labor shall submit a report to the Congress on the findings of the

study conducted pursuant to subsection (a) of this section. Not

later than 180 days after October 9, 1996, the Secretary of Health

and Human Services shall submit a report to the Congress on the

findings of the study conducted pursuant to subsection (b) of this

section.

-SOURCE-

(Pub. L. 104-272, Sec. 20, formerly Sec. 12, Oct. 9, 1996, 110

Stat. 3313; renumbered Sec. 20, Pub. L. 106-210, Sec. 4(1), May 26,

2000, 114 Stat. 322.)

-CITE-

15 USC Sec. 6312 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 89 - PROFESSIONAL BOXING SAFETY

-HEAD-

Sec. 6312. Professional boxing matches conducted on Indian

reservations

-STATUTE-

(a) Definitions

For purposes of this section, the following definitions shall

apply:

(1) Indian tribe

The term ''Indian tribe'' has the same meaning as in section

450b(e) of title 25.

(2) Reservation

The term ''reservation'' means the geographically defined area

over which a tribal organization exercises governmental

jurisdiction.

(3) Tribal organization

The term ''tribal organization'' has the same meaning as in

section 450b(l) of title 25.

(b) Requirements

(1) In general

Notwithstanding any other provision of law, a tribal

organization of an Indian tribe may, upon the initiative of the

tribal organization -

(A) regulate professional boxing matches held within the

reservation under the jurisdiction of that tribal organization;

and

(B) carry out that regulation or enter into a contract with a

boxing commission to carry out that regulation.

(2) Standards and licensing

If a tribal organization regulates professional boxing matches

pursuant to paragraph (1), the tribal organization shall, by

tribal ordinance or resolution, establish and provide for the

implementation of health and safety standards, licensing

requirements, and other requirements relating to the conduct of

professional boxing matches that are at least as restrictive as -

(A) the otherwise applicable standards and requirements of a

State in which the reservation is located; or

(B) the most recently published version of the recommended

regulatory guidelines certified and published by the

Association of Boxing Commissions.

-SOURCE-

(Pub. L. 104-272, Sec. 21, formerly Sec. 13, Oct. 9, 1996, 110

Stat. 3313; renumbered Sec. 21, Pub. L. 106-210, Sec. 4(1), May 26,

2000, 114 Stat. 322.)

-CITE-

15 USC Sec. 6313 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 89 - PROFESSIONAL BOXING SAFETY

-HEAD-

Sec. 6313. Relationship with State law

-STATUTE-

Nothing in this chapter shall prohibit a State from adopting or

enforcing supplemental or more stringent laws or regulations not

inconsistent with this chapter, or criminal, civil, or

administrative fines for violations of such laws or regulations.

-SOURCE-

(Pub. L. 104-272, Sec. 22, formerly Sec. 14, Oct. 9, 1996, 110

Stat. 3313; renumbered Sec. 22, Pub. L. 106-210, Sec. 4(1), May 26,

2000, 114 Stat. 322.)

-CITE-