Legislación
US (United States) Code. Title 15. Chapter 89: Professional boxing safety
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15 USC CHAPTER 89 - PROFESSIONAL BOXING SAFETY 01/06/03
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TITLE 15 - COMMERCE AND TRADE
CHAPTER 89 - PROFESSIONAL BOXING SAFETY
.
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CHAPTER 89 - PROFESSIONAL BOXING SAFETY
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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.
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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
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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
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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.
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15 USC Sec. 6304 01/06/03
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TITLE 15 - COMMERCE AND TRADE
CHAPTER 89 - PROFESSIONAL BOXING SAFETY
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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
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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.)
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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).
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15 USC Sec. 6306 01/06/03
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TITLE 15 - COMMERCE AND TRADE
CHAPTER 89 - PROFESSIONAL BOXING SAFETY
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Sec. 6306. Review
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(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.
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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.
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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.
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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
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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-
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Enviado por: | El remitente no desea revelar su nombre |
Idioma: | inglés |
País: | Estados Unidos |