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Group: Members
Posts: 1199
Member No.: 58
Joined: 20-August 04
|
| QUOTE | A BILL
To establish the National Boxing Commission, and for other purposes.
Sponsor: Wayne Gomez (TN-9th)
Co-Sponsor: Vernon MacGyver (D)
Be it enacted by the House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `National Boxing Commission Act of 2004'.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Professional boxing is beset with wide-ranging problems that are beyond the scope of the current system of State regulation.
(2) The rules governing professional boxing and the enforcement of those rules vary widely among States.
(3) Unlike other professional sports, professional boxing is not successfully regulated by a private entity, and there is no prospect for meaningful self-regulation.
(4) The problems facing professional boxing include the exploitation of boxers, conflicts of interest, questionable judging, and corruption.
(5) These problems endanger the health, safety, and welfare of boxers and undermine the credibility of the sport with the public.
SEC. 3. PURPOSE.
The purpose of this Act is to establish a national commission to prescribe and enforce uniform regulations for professional boxing in order to protect the health and safety of boxers and to ensure fairness in the sport.
SEC. 4. DEFINITIONS.
In this Act:
(1) The term `boxing match' means a professional boxing match, or any part of such a match, that is held within the United States. The term does not include an amateur boxing match.
(2) The terms `Indian lands' and `Indian tribe' have the meanings given those terms by paragraphs (4) and (5), respectively, of section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703).
(3) The term `local boxing authority' means--
(A) any agency of a State, or of a political subdivision of a State, that has authority under the laws of the State to regulate professional boxing; and
(B) any agency of an Indian tribe that is authorized by the Indian tribe or the governing body of the Indian tribe to regulate professional boxing on Indian lands.
(4) The term `person' has the meaning given the term in section 1 of title 1, United States Code.
(5) The term `promoter' means any person licensed under this Act--
(A) to hold, give, or otherwise conduct a boxing match, program, or exhibition; or
(B) to broadcast a boxing match.
(6) The term `sanctioning organization' means any entity that authorizes or sanctions a championship boxing match.
(7) The term `State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, American Samoa, and any other territory or possession of the United States.
SEC. 5. NATIONAL BOXING COMMISSION.
(a) ESTABLISHMENT- The National Boxing Commission is hereby established as an independent establishment in the executive branch.
(b) MEMBERS-
(1) NUMBER AND APPOINTMENT- The Commission consists of 5 members appointed by the President, by and with the advice and consent of the Senate.
(2) CHAIRMAN AND VICE CHAIRMAN-
(A) CHAIRMAN- The President shall designate a Chairman and Vice Chairman from among the members of the Commission.
(B) EXECUTIVE AUTHORITY- The Chairman shall be the chief executive officer of the Commission and, subject to such policies as the Commission may establish, shall exercise the powers of the Commission with respect to--
(i) the appointment and supervision of employees of the Commission;
(ii) the organization of any administrative units established by the Commission; and
(iii) the use and expenditure of funds.
� DELEGATION OF EXECUTIVE AUTHORITY- The Chairman may delegate any of the authority under this paragraph to any other member or to any appropriate officer of the Commission.
(D) DUTIES OF THE VICE CHAIRMAN- The Vice Chairman shall act as Chairman in the event of the absence or incapacity of the Chairman or in case of a vacancy in the office of Chairman.
(3) QUALIFICATIONS-
(A) IN GENERAL- Each member of the Commission shall be a citizen of the United States who, by reason of the member's business, professional, or other background, training, experience, or activities outside the business of professional boxing and its related activities, has a broad understanding of the relationship between professional boxing, both as a sport and as a business, and the public interest.
(B) SPECIFIC QUALIFICATIONS FOR CERTAIN MEMBERS- At least one of the members of the Commission shall be a physician or other health care professional duly licensed as such. At least one member of the Commission shall be a former member of a local boxing authority.
� DISINTERESTED PERSONS- No member of the Commission may, during service as a member of the Commission, 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 or have any pecuniary interest in the earnings of any boxer or the proceeds or outcome of any boxing match.
(4) BIPARTISAN MEMBERSHIP- Not more than 3 members of the Commission may be members of the same political party.
(5) GEOGRAPHIC BALANCE- Not more than 3 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.
� TERMS-
(1) PERIOD- Except as provided in paragraphs (2) and (3), each member of the Commission shall be appointed for a term of 5 years. Members of the Commission may be reappointed.
(2) EXCEPTION FOR MIDTERM VACANCY- A member appointed to fill a vacancy 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.
(3) CONTINUATION PENDING REPLACEMENT- A member may serve after the expiration of that member's term until a successor has taken office.
(d) QUORUM- A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.
(e) CONTINGENCY APPOINTMENT AUTHORITY- If the President submits to the Senate a nomination for a membership on the Commission and the Senate fails to act timely on the nomination (as determined by the President), the President may designate any person otherwise qualified under paragraphs (3), (4), and (5) of subsection (b) to serve as a member of the Commission pending the action of the Senate on the nomination. A person so designated may serve as a member of the Commission for not more than one year pursuant to this subsection.
SEC. 6. PRIMARY FUNCTION.
The primary function of the National Boxing Commission is to protect the health, safety, and general interests of boxers consistent with the provisions of this Act.
SEC. 7. LICENSING AND REGISTRATION OF BOXING PERSONNEL.
(a) LICENSING-
(1) REQUIREMENT FOR LICENSE- No person may compete in a boxing match or serve as a boxing judge, referee, or other boxing match official except as provided in a license granted to that person under this subsection or subsection �. This paragraph does not apply with respect to the performance of an activity registered under subsection (b).
(2) ANNUAL LICENSE-
(A) IN GENERAL- The Commission shall issue a license for the purposes of paragraph (1) 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 1-year term.
� PROCEDURE- The National Boxing Commission may issue a license under this paragraph through local boxing authorities or in a manner determined by the Commission.
(b) REGISTRATION OF PROMOTERS AND OTHERS-
(1) IN GENERAL- No person may perform activities as a boxing promoter, boxing matchmaker, sanctioning organization, boxing manager, trainer, physician, or cut man, or other person determined by the Commission as performing a professional role in boxing unless the person is registered to do so under this subsection.
(2) ISSUANCE OF REGISTRATION CERTIFICATE-
(A) IN GENERAL- The Commission shall issue a certificate of registration for the purposes of paragraph (1) to any person that the Commission determines to meet the standards established by the Commission under this Act.
(B) DURATION- A certificate of registration issued under this section shall expire three years after the date of issuance.
� PROCEDURE- The Commission shall issue a certificate of registration under this paragraph through local boxing authorities or in a manner determined by the Commission.
� SPECIAL EVENT LICENSE-
(1) IN GENERAL- The Commission may issue a special event license authorizing a person not licensed under subsection (a) or registered under subsection (b) to participate in a major boxing match as a boxer, boxing promoter, sanctioning organization, boxing manager or other participant regulated under this Act.
(2) DEFINITION OF MAJOR BOXING EVENT- The Commission shall prescribe in regulations the definition of the term `major boxing match' for the purposes of this subsection.
(d) LICENSING AND REGISTRATION FEES-
(1) AUTHORITY- The Commission may prescribe and charge fees for the licensing and registration 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) AMOUNTS- The amounts of fees prescribed for a fiscal year under this subsection shall be set
at levels estimated, when set, to yield collections in any total amount that does not exceed 10 percent of the total budget of the Commission for that fiscal year.
(3) 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 the largest portion of the fees; and
� boxers pay as small a portion of the fees as is possible.
(4) COLLECTION- Fees established under this subsection may be collected through local boxing authorities or by any other means determined appropriate by the Commission. Fees paid by boxing promoters may be derived from gross receipts from boxing matches.
(5) DISPOSITION- Fees collected under this subsection shall be deposited in the United States Treasury as miscellaneous receipts.
SEC. 8. NATIONAL REGISTRY OF BOXING PERSONNEL.
(a) REQUIREMENT FOR REGISTRY- The National Boxing Commission shall maintain a unified national computerized registry for the collection, storage, and retrieval of information related to the performance of its duties. The information in the computer source may include the following:
(1) BOXERS- A list of professional boxers and the following information on each boxer:
(A) Medical record, including the results of a baseline medical examination, which the Commission shall--
(i) require as a condition for licensing under section 7;
(ii) permanently retain in the registry; and
(iii) secure from disclosure according to standards that the Commission shall prescribe.
(B) The boxing matches in which the boxer has participated including--
(i) the dates of the matches;
(ii) the outcome of each match, including whether the match resulted in a knockout or technical knockout or was ended upon the decision, urging, or intervention of a medical professional; and
(iii) the total numbers of matches won and lost.
� Height and weight.
(D) Business associates.
(2) OTHER PERSONNEL- Information (pertinent to the sport of professional boxing) on boxing promoters, boxing matchmakers, boxing managers, trainers, cut men, referees, boxing judges, physicians, and any other personnel determined by the Commission as performing a professional activity for boxing matches.
(b) CERTIFICATION OF INFORMATION- The Commission shall certify for any boxing match the information publicized on the participating boxers regarding their medical history, biographical information, and numbers of boxing matches won and lost. In issuing certifications, the Commission shall make the relevant determinations on the basis of the information maintained in the registry under subsection (a).
SEC. 9. ADDITIONAL FUNCTIONS AND PROHIBITIONS.
(a) REQUIRED FUNCTIONS- The National Boxing Commission shall perform the following additional functions:
(1) Prescribe regulations for the sport of professional boxing that ensure the safety of participants.
(2) Establish minimum standards and procedures for physical and mental examinations to be given boxers.
(3) Establish minimum standards for the availability of medical services at professional boxing matches.
(4) Encourage the establishment of a life, accident, and health insurance fund for professional boxers and other members of the professional boxing community.
(5) Establish minimum standards for the manufacture and use of boxing equipment, and carry out research that the Commission determines necessary for determining and establishing appropriate and meaningful standards.
(6) Conduct discussions and enter into agreements with foreign boxing entities on methods for applying minimum health and safety standards to foreign boxing events and foreign boxers, trainers, cut men, referees, judges, ringside physicians, and other professional boxing personnel.
(7) Review local boxing authority regulations for professional boxing and provide assistance to such authorities in meeting minimum standards prescribed by the Commission under this Act.
(8) Prescribe in regulations--
(A) standards for the making of contracts, agreements, arrangements, and understandings relating to professional boxing; and
(B) requirements for a copy of any contract for a boxing match to be filed with the Commission or with a local boxing authority at a time before the match and in a manner determined appropriate by the Commission.
(9) Prescribe regulations and standards applicable to--
(A) the establishment of championship divisions and the awarding of championship titles;
(B) the establishment of weight classes; and
� the awarding of rankings for boxers.
(10) Review the role of sanctioning organizations in professional boxing and prescribe regulations relating to sanctioning organizations and the sanctioning of boxing matches consistent with this Act.
(11) Prescribe regulations prohibiting conflicts of interest relating to boxing matches.
(b) ADDITIONAL AUTHORITY- The Commission may--
(1) serve as the coordinating body for all efforts in the United States to establish and maintain uniform minimum health and safety standards for professional boxing;
(2) publish a newspaper, magazine, or other publication consistent with the purposes of the Commission;
(3) procure the temporary and intermittent services of experts and consultants to the extent authorized by section 3109(b) of title 5, United States Code, at rates the Commission determines to be reasonable; and
(4) take any other action that is necessary and proper to accomplish the purpose of this Act consistent with the provisions of this Act.
� 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, States and Indian tribes that do not comply with requirements of the Commission.
(d) USE OF NAME- The Commission shall have the exclusive right to use the name `National Boxing Commission'. Any person who, without the permission of the Commission, uses that name or any other exclusive name, trademark, emblem, symbol, or insignia of the Commission for the purpose of inducing the sale of any goods or services, or to promote any exhibition, performance, or sporting event, shall be subject to suit in a civil action by the Commission for the remedies provided in the Act of July 5, 1946 (commonly known as the `Trademark Act of 1946) (60 Stat. 427, chapter 540; 15 U.S.C. 1051 et seq.).
SEC. 10. CONSULTATION REQUIREMENTS.
The National Boxing Commission shall consult with local boxing authorities--
(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. 11. MISCONDUCT.
(a) SUSPENSION AND REVOCATION OF LICENSE OR REGISTRATION-
(1) AUTHORITY- The National Boxing Commission may, after notice and opportunity for a hearing, suspend or revoke any license or registration issued under this Act if the Commission finds that--
(A) the suspension or revocation is necessary for the protection of health and safety or is otherwise in the public interest; or
(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 registration.
(2) PERIOD OF SUSPENSION-
(A) IN GENERAL- A suspension of a license or registration under this section shall be effective for a period determined appropriate by the Commission, but not less than 6 months, except as provided in subparagraph (B).
(B) SUSPENSION FOR MEDICAL REASONS- In the case of a suspension of the license of a boxer for medical reasons, the Commission may terminate the suspension at any time that a physician certifies that the boxer is fit to participate in a boxing match. The Commission shall prescribe the standards and procedures for accepting certifications under this subparagraph.
(b) PROHIBITORY ORDERS-
(1) AUTHORITY AND GROUNDS- The Commission may, after notice and opportunity for hearing, prohibit the conduct of any proposed boxing match if the Commission finds that it is in the public interest to do so and--
(A) a contract, arrangement, or agreement with respect to the match does not comply with a regulation of the Commission;
(B) the match, or any participant in the match, is not licensed or registered under this Act;
� there are reasonable grounds for belief that the conduct or outcome of the match may be affected by bribery, collusion, intentional losing, racketeering, extortion, or the use of unlawful threats, coercion, intimidation or violence;
(D) there is an undue risk that the health and safety of a participant will be adversely affected by participation in the match; or
(E) the conduct of the match, or the involvement of any participant in the match, otherwise violates this Act or any regulation prescribed under this Act.
(2) SUMMARY ORDERS OF PROHIBITION-
(A) AUTHORITY- At or after the time that notice of any proceeding under paragraph (1) is sent or ordered by the Commission to be published regarding a boxing match, regardless of whether or not any person to be affected by the proceeding has received the notice, the Commission may, by order and without notice or hearing, summarily prohibit the holding of the boxing match pending final disposition of the proceeding by the Commission, or for any shorter period that the Commission considers appropriate.
(B) CONDITIONS FOR ISSUANCE- The Commission shall issue a summary order if, in its judgment, the summary order--
(i) is necessary for the protection of the health and safety of a boxer or is otherwise in the public interest; and
(ii) is necessary to carry out the purpose of this Act.
� PROTECTION FROM LIABILITY BEFORE NOTICE- A person may not be held liable for damages for a loss or injury resulting from the issuance of a summary order under this paragraph to the extent that the loss or injury is incurred before the person has actual notice the order.
� 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;
� 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, 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, memorandums, or other records which the Commission considers relevant or material to the inquiry.
(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 or any State 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 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.
� 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.
(D) CRIMINAL OFFENSE- Any person who, without just cause, fails or refuses to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memorandums, and other records, if in the power of such person so to do, in obedience to the subpoena of the Commission, shall be guilty of a misdemeanor and, shall be subject to a fine of not more than $1,000, to imprisonment for a term of not more than one year, or both.
(4) EVIDENCE OF CRIMINAL MISCONDUCT-
(A) IN GENERAL- 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.
(B) LIMITED IMMUNITY- No individual may be prosecuted or subject to any penalty or forfeiture for, or on account of, any transaction, matter, or thing concerning which that individual is compelled, after having claimed a privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that the individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.
(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.
(d) 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 United States district court.
(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.
(e) HEARINGS BY COMMISSION- Hearings conducted by the Commission under this Act may be public and may be held before any officer of the Commission. The Commission shall keep appropriate records of the hearings.
SEC. 12. SUBMISSION AND APPROVAL OF LOCAL BOXING PLAN TO COMMISSION.
(a) IN GENERAL- Not later than 18 months after the date of the enactment of this Act, an agency, that regulates professional boxing for a State or Indian tribe shall submit to the National Boxing Commission a local boxing plan that meets the requirements of subsection (b).
(b) LOCAL BOXING PLAN REQUIREMENTS- The local boxing plan submitted for an agency of a State or an Indian tribe under subsection (a)--
(1) shall establish or provide for the agency to regulate professional boxing in the State or on Indian lands, respectively, in compliance with the minimum standards established by the Commission; and
(2) may establish a registration procedure, consistent with the provisions of section 7, by which the agency requires that each individual and organization involved in professional boxing in the State or on Indian lands, respectively--
(A) be registered with the agency in accordance with the minimum Federal boxing standards; and
(B) pay a registration fee to the Commission in an amount determined by the Commission pursuant to section 7(d).
� APPROVAL AND DISAPPROVAL OF LOCAL BOXING PLAN- Not later than 60 days after the date on which an agency submits a local boxing plan under this section, the Commission shall--
(1) approve the plan if the plan meets the requirements of subsection (b); or
(2) disapprove the plan and notify the agency of the reasons for the disapproval.
(d) WITHDRAWAL OF APPROVAL- The Commission shall withdraw its approval of any local boxing plan if the Commission determines that the plan, or the administration of the plan, no longer meets the requirements of subsection (b).
(e) PROHIBITION OF CERTAIN PROFESSIONAL BOXING MATCHES- Beginning three years after the date of the enactment of this Act, no boxing match may be held in a State or on Indian lands where--
(1) there is not in effect a local boxing plan approved by the Commission under subsection �, whether by reason of a failure to comply with the submittal requirement under subsection (a) or a disapproval or withdrawal of approval by the Commission; or
(2) there is in effect a local boxing plan approved by the Commission under subsection �, if the Commission determines that there are reasonable grounds for belief that the boxing standards established by the Commission under this Act are not being met in connection with boxing matches.
SEC. 13. NONINTERFERENCE WITH LOCAL BOXING AUTHORITIES.
(a) NONINTERFERENCE- Nothing in this Act prohibits any local boxing authority from exercising any of its powers, duties, or functions with respect to the regulation or supervision of professional boxing or boxing matches to the extent not inconsistent with the provisions of this Act.
(b) MINIMUM STANDARDS- Nothing in this Act prohibits any local boxing authority from enforcing local standards or requirements that exceed the minimum
standards or requirements promulgated by the National Boxing Commission under this Act.
SEC. 14. INFORMATION FROM OTHER AGENCIES.
(a) AUTHORITY- Notwithstanding section 552a of title 5, United States Code, or any other provision of law, the National Boxing Commission may obtain directly from any executive department, agency, bureau, board, commission, office, independent establishment, or instrumentality any information, suggestions, estimates, and statistics that assist the Commission in carrying out the purposes of this Act. Each department, agency, bureau, board, commission, office, independent establishment, or instrumentality shall furnish to the Commission any information, suggestions, estimates, and statistics requested by the Commission.
(b) OBLIGATION TO SECURE CONFIDENTIAL INFORMATION- Any information, including suggestions, estimates, and statistics, secured by the Commission that, but for subsection (a), could not be secured by the Commission by reason of section 552a of title 5, United States Code, or any other provision of law shall be treated by the Commission as confidential information.
� DISCLOSURE OF CONFIDENTIAL INFORMATION-
(1) PROHIBITION- Except as provided in paragraph (2) or (3), no officer or employee of the Commission may disclose to any person other than an officer or employee of the Commission any information referred to in subsection (b). Nothing in this subsection shall be construed to authorize the Commission to withhold information from Congress.
(2) CONSENTED DISCLOSURES- Information referred to in subsection (b) may be disclosed pursuant to the prior written consent of the person with respect to whom the information is maintained, but only to the extent, under circumstances, and for purposes that may be allowed under regulations that the Commission shall prescribe.
(3) COURT-ORDERED DISCLOSURES-
(A) DISCLOSURE- Whether or not the person, with respect to whom any information referred to in subsection (b) is maintained, gives consent, the information may be disclosed if disclosure is ordered by a court of competent jurisdiction.
(B) CRITERIA FOR COURT ORDERED DISCLOSURE- In assessing whether to order disclosure, the court shall weigh the public interest and the need for disclosure against any prejudice to the person together with the effective administration and enforcement of the provisions of this Act.
� SAFEGUARDS- In fashioning its disclosure order, with respect to a particular record or set of records, a court shall segregate, if possible, information that must be disclosed from information that may not be disclosed, and the court shall impose in its order appropriate safeguards against unauthorized disclosure of any segregated information.
(d) CIVIL PENALTIES-
(1) AUTHORITY- Whoever violates any provision of this section may be assessed a civil penalty of not more than $1,000 for each violation. The penalty shall be assessed by a court in a civil action brought by the Attorney General of the United States.
(2) REFERRALS TO ATTORNEY GENERAL- The Commission shall refer to the Attorney General the name of any person it has reasonable cause to believe has violated any provision of this section.
SEC. 15. OTHER 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. 16. AUDIT AND REPORTS.
(a) AUDIT- The Comptroller General shall conduct an annual audit of the finances of the Commission, to be completed in time for inclusion in the report required by subsection (b).
(b) ANNUAL REPORT- The Commission shall submit a report on the National Boxing Commission to Congress each year. The annual report shall include the following:
(1) A detailed discussion of the activities of the Commission for the year covered by the report.
(2) A description of the local boxing authority of each State and Indian tribe.
(3) The results of the audit performed under subsection (a) for the year covered by the report.
� 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 and commenting on issues of continuing concern to the Commission.
SEC. 17. INFORMAL RULEMAKING.
To the maximum extent that the Commission determines practicable, the Commission shall prescribe regulations in accordance with the procedures provided under section 553 of title 5, United States Code.
SEC. 18. INITIAL IMPLEMENTATION.
(a) MEMBERS-
(1) INITIAL TERMS- Notwithstanding section 5�, of the members first appointed to the National Boxing Commission--
(A) one member shall be appointed for a term of one year;
(B) one member shall be appointed for a term of 2 years;
� one member shall be appointed for a term of 3 years; and
(D) one member shall be appointed for a term of 4 years.
(2) TIME FOR APPOINTMENTS- The appointments of the initial members of the Commission shall be made not later than 60 days after the effective date of this Act.
(b) INITIAL MEETING- The initial meeting of the Commission shall be held not later than 90 days after the effective date of this Act.
� PERSONS LICENSED BY STATES AND INDIAN TRIBES AS OF EFFECTIVE DATE-
(1) TEMPORARY EXEMPTION- The requirements for licensing or registration under section 7 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 boxing match, if the person is licensed by a State or Indian tribe to perform that activity as of the effective date of this Act.
(2) EXPIRATION- The exemption under paragraph (1) with respect to a license issued by a State or Indian tribe expires on the earlier of--
(A) the date on which the license expires; or
(B) the date that is two years after the date of the enactment of this Act.
(d) FIRST ANNUAL REPORT ON THE COMMISSION- The first annual report under section 16(b) shall be submitted not later than one year after the effective date of this Act.
SEC. 19. SPECIAL REPORT.
Not later than one year after the effective date of this Act, the National Boxing Commission shall submit to Congress a report on the feasibility of establishing a pension system for professional boxing participants.
SEC. 20. EXECUTIVE LEVEL PAY RATE FOR COMMISSIONERS.
Section 5316 of title 5, United States Code, is amended by adding at the end the following:
`Commissioner, National Boxing Commission (3).'.
SEC. 21. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the National Boxing Commission for each fiscal year such sums as may be necessary for the Commission to perform its functions for that fiscal year.
SEC. 22. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect one year after the date of the enactment of this Act.
END |
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DEBATE: (HR 1.215) National Boxing Commission Act, Debate and Hearing - Until Nov 30
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