II

103D CONGRESS

1ST SESSION S. 1189

To establish the Professional Boxing Corporation, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 1 (legislative day, JUNE 30), 1993

Mr. ROTH (for himself, Mr. BIDEN, Mr. DORGAN, and Mr. MCCAIN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

A BILL

To establish the Professional Boxing Corporation, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Professional Boxing

5 Corporation Act of 1993’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that—

8 (1) professional boxing is beset with wide-rang9 ing problems which are beyond the scope of the cur10 rent system of State regulation to protect against;
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1 (2) the rules governing professional boxing and

2 the enforcement of such rules varies widely among

3 States;

4 (3) boxing, unlike other professional sports,

5 does not have an entity by which the sport can be

6 successfully regulated, nor is there a prospect of

7 meaningful self-regulation;

8 (4) the problems currently facing professional

9 boxing can be characterized as exploitation of box10 ers, conflicts of interest, questionable judging, and

11 corruption, including organized crime influence; and

12 (5) such problems endanger the health, safety

13 and welfare of boxers and undermine the sport’s

14 credibility with the public.

15 SEC. 3. PURPOSE.

16 The purpose of this Act is to establish a national or17 ganization which shall work with State boxing authorities

18 to establish and enforce uniform rules and regulations for

19 professional boxing in order to protect the health and safe20 ty of boxers and to ensure fairness in the sport.

21 SEC. 4. DEFINITIONS.

22 For purposes of this Act the term—

23 (1) ‘‘Board’’ means the Professional Boxing

24 Advisory Board established under section 7;
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1 (2) ‘‘boxing match’’ means a professional box2 ing match, or any part thereof, which is held within

3 the United States and does not include an amateur

4 boxing match;

5 (3) ‘‘Corporation’’ means the Professional Box6 ing Corporation established under section 5;

7 (4) ‘‘Executive Director’’ means the Executive

8 Director of the Corporation;

9 (5) ‘‘Fund’’ means the Professional Boxing

10 Corporation Trust Fund established under section

11 13;

12 (6) ‘‘promoter’’ means any person or business

13 organization licensed under this Act to hold, give, or

14 otherwise conduct any boxing match, program, or

15 exhibition;

16 (7) ‘‘sanctioning organization’’ means any en17 tity that authorizes or sanctions a championship

18 boxing match;

19 (8) ‘‘Secretary’’ means the Secretary of the

20 Treasury;

21 (9) ‘‘State’’ means any State of the United

22 States and the District of Columbia, the Common23 wealth of Puerto Rico, Guam, the Virgin Islands, the

24 Commonwealth of the Northern Mariana Islands,
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1 American Samoa, and any other territory or posses2 sion of the United States; and

3 (10) ‘‘State boxing authority’’ means a State

4 agency with authority to regulate professional box5 ing.

6 SEC. 5. ESTABLISHMENT OF PROFESSIONAL BOXING COR7 PORATION.

8 There is established the Professional Boxing Cor9 poration which shall be a Government corporation as de10 fined under section 103 of title 5, United States Code.

11 The Corporation shall maintain its principal office in

12 Washington, District of Columbia.

13 SEC. 6. EXECUTIVE DIRECTOR OF THE CORPORATION.

14 (a) EXECUTIVE DIRECTOR.—The Corporation shall

15 be administered by an Executive Director who shall be ap16 pointed by the President by and with the advice and con17 sent of the Senate.

18 (b) EXECUTIVE SCHEDULE LEVEL III POSITION.—

19 Section 5314 of title 5, United States Code, is amended

20 by adding at the end thereof the following:

21 ‘‘Executive Director of the Professional Boxing

22 Corporation.’’.

23 SEC. 7. PROFESSIONAL BOXING ADVISORY BOARD.

24 (a) ESTABLISHMENT.—There is established a Profes25 sional Boxing Advisory Board. The members of the Board
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1 shall be appointed by the Executive Director. The Board

2 shall consist of 7 members, of whom—

3 (1) three shall be acting State athletic or box4 ing commissioners;

5 (2) one shall be a physician certified in neuro6 surgery;

7 (3) one shall be a representative of the United

8 States Amateur Boxing Association; and

9 (4) two shall be persons with an interest in and

10 knowledge of the sport of boxing.

11 (b) QUALIFICATIONS.—(1) Each member of the

12 Board shall be a citizen of the United States and shall

13 not, during service as a member of the Board, be engaged

14 as a professional boxer, boxing promoter, agent, fight

15 manager, matchmaker, referee, judge, or in any other ca16 pacity in the conduct of the business of professional boxing

17 or have any pecuniary interest in the earnings of any boxer

18 or the proceeds or outcome of any boxing match.

19 (2) Each member of the Board shall be an individual

20 who, by reason of such individual’s business, professional,

21 or other background, training, experience, or activities

22 outside the business of professional boxing and its related

23 activities, has a broad understanding of the relationship

24 between professional boxing, both as a sport and as a busi25 ness, and the public interest.
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1 (c) CHAIRMAN.—The Executive Director shall ap2 point one of the members to serve as Chairman of the

3 Board.

4 (d) PURPOSE AND FUNCTION.—The Board shall

5 make recommendations to the Corporation to most effec6 tively and efficiently carry out the provisions of this Act.

7 (e) UNANIMOUS VOTE OF DISAPPROVAL.—(1) If the

8 Board by unanimous vote adopts a resolution of dis9 approval of any action or pending action of the Executive

10 Director, the Executive Director shall—

11 (A) stay such action for a period of 30 days be12 ginning on the date of the adoption of such resolu13 tion; or

14 (B) in the case of a pending action, refrain

15 from taking such action for a period of 30 days be16 ginning on the date of the adoption of such resolu17 tion.

18 (2) If the Executive Director determines to take or

19 resume such action after the adoption of a resolution of

20 disapproval, the Executive Director shall report to the

21 Board before the end of the 30-day period referred to

22 under paragraph (1) on—

23 (A) such determination; and

24 (B) the reasons for making such determination.
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1 (3) Notwithstanding the provisions of paragraph (1),

2 the Executive Director may take the action disapproved

3 by resolution during the 30-day period referred to under

4 paragraph (1) if the Board by unanimous vote rescinds

5 such resolution of disapproval during such 30-day period.

6 (f) INITIAL APPOINTMENTS.—Initial appointments

7 under subsection (a) shall be made within 60 days after

8 the effective date of this Act.

9 (g) TERMS.—Members of the Board shall be ap10 pointed to 5-year terms.

11 (h) COMPENSATION OF MEMBERS.—Each member of

12 the Board who is not an officer or employee of the Federal

13 Government shall be compensated at a rate equal to the

14 daily equivalent of the annual rate of basic pay prescribed

15 for level V of the Executive Schedule under section 5316

16 of title 5, United States Code, for each day (including

17 travel time) during which such member is engaged in the

18 performance of the duties of the Board. All members of

19 the Board who are officers or employees of the United

20 States shall serve without compensation in addition to that

21 received for their services as officers or employees of the

22 United States.

23 (i) TRAVEL EXPENSES.—The members of the Board

24 shall be allowed travel expenses, including per diem in lieu

25 of subsistence, at rates authorized for employees of agen-
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1 cies under subchapter I of chapter 57 of title 5, United

2 States Code, while away from their homes or regular

3 places of business in the performance of services for the

4 Board.

5 (j) STAFF AND SERVICES.—The Corporation shall

6 provide all necessary staff and support services for the

7 Board.

8 (k) SUCCESSORS.—If any member of the Board is un9 able to serve a full term of office or becomes unqualified

10 to serve in such position, a new member shall be appointed

11 to serve the remainder of such term of office in the same

12 manner in which the original appointment was made.

13 (l) QUORUM.—Four members of the Board shall con14 stitute a quorum.

15 (m) INITIAL MEETING.—The initial meeting of the

16 Board shall be held within 90 days after the effective date

17 of this Act.

18 SEC. 8. FUNCTIONS OF THE CORPORATION.

19 (a) PROTECTION OF GENERAL INTERESTS OF BOX20 ERS.—The primary function of the Corporation shall be

21 to protect the health, safety, and general interests of box22 ers consistent with the provisions of this Act.

23 (b) ESTABLISHMENT OF NATIONAL REGISTRY AND

24 LICENSING.—(1) The Corporation shall provide a unified
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1 national computer source for the collection, storage, and

2 retrieval of information, which may include—

3 (A) a list of professional boxers;

4 (B) the medical records, won-loss records, size,

5 weight, and business associates of such boxers; and

6 (C) information pertinent to the sport of boxing

7 on boxing promoters, boxing matchmakers, boxing

8 managers, trainers, cut men, referees, boxing judges,

9 physicians, and any other personnel determined by

10 the Corporation to have a professional role in box11 ing.

12 (2)(A) The Corporation shall issue a license, either

13 through State boxing authorities or through the manner

14 determined most appropriate by the Corporation, on an

15 annual renewable basis, to each boxer, boxing judge, ref16 eree, or other person serving in a professional role in a

17 boxing match as determined by the Corporation who meets

18 Corporation minimum standards, and shall issue for li19 censed boxers an accurate record of their medical history,

20 biographical information, and won-loss boxing record.

21 (B) During the 2-year period beginning on the effec22 tive date of this Act, each boxer, boxing judge, referee,

23 or other person serving in a professional role in a boxing

24 match who is subject to licensing under subparagraph (A)

25 and holds a valid license issued by a State before the effec-
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1 tive date of this Act shall be deemed to meet Corporation

2 minimum standards for purposes of subparagraph (A).

3 (3) The Corporation may require and issue a special

4 event license to each boxer, boxing promoter, sanctioning

5 organization, boxing manager or other person regulated

6 under this Act who participates in a major boxing match.

7 The Corporation shall promulgate regulations defining a

8 major boxing match for purposes of this paragraph.

9 (4) The Corporation shall issue a certificate of reg10 istration, either through State boxing authorities or

11 through the manner determined most appropriate by the

12 Corporation, at least every 3 years, to each boxing pro13 moter, boxing matchmaker, sanctioning organization, box14 ing manager, trainer, physician, cut man, and other per15 son determined by the Corporation to have a professional

16 role in boxing, who meets Corporation minimum

17 standards.

18 (c) LICENSE AND REGISTRATION FEES.—

19 (1) The Corporation may set and charge licens20 ing and registration fees for all persons regulated

21 under this Act. Fees paid by promoters may be de22 rived from gross receipts from boxing matches. Such

23 fees may be collected through State boxing authori24 ties or through the manner determined most appro25 priate by the Corporation. All such fees shall be de-
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1 posited in the General Treasury of the United

2 States.

3 (2) The Corporation may set, charge, and ad4 just varying fees under paragraph (1) based on clas5 sifications of persons, functions, and events regu6 lated under this Act.

7 (3) In setting and charging fees under para8 graph (1), the Corporation shall ensure that to the

9 greatest extent practicable—

10 (A) club boxing shall not be adversely ef11 fected; and

12 (B)(i) sanctioning organizations and pro13 moters shall pay the largest portion of all such

14 fees collected under such paragraph; and

15 (ii) boxers shall pay as small a portion of

16 all such fees as is possible.

17 (d) ADDITIONAL FUNCTIONS.—In addition to the

18 functions described under subsections (a), (b), and (c), the

19 Corporation shall—

20 (1) prescribe regulations requiring a copy of

21 any contract for a boxing match to be filed with the

22 Corporation or with a State boxing authority at a

23 time before such match and in a manner determined

24 appropriate by the Corporation;
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1 (2) prescribe regulations of the sport of profes2 sional boxing to ensure the safety of participants;

3 (3) establish minimum standards and proce4 dures for physical and mental examinations to be

5 given boxers;

6 (4) establish minimum standards for the avail7 ability of medical services at professional boxing

8 matches;

9 (5)(A) encourage a life, accident, and health in10 surance fund for professional boxers and other mem11 bers of the professional boxing community; and

12 (B) submit a report to the Congress on the fea13 sibility of establishing a pension system for profes14 sional boxing participants;

15 (6) research and establish minimum standards

16 for the manufacturing and use of boxing equipment;

17 (7) conduct discussions and enter into agree18 ments with foreign boxing entities on methods for

19 applying minimum health and safety standards to

20 foreign boxing events and foreign boxers, trainers,

21 cut men, referees, judges, ringside physicians, and

22 other professional boxing personnel;

23 (8) review State boxing authority regulations

24 for professional boxing and provide assistance to
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1 such authorities in meeting the Corporation mini2 mum standards and requirements;

3 (9) prescribe regulations for establishing stand4 ards for the making of contracts, agreements, ar5 rangements, and understandings relating to profes6 sional boxing;

7 (10) review the role of sanctioning organiza8 tions in professional boxing and prescribe regula9 tions relating to sanctioning organizations consistent

10 with this Act; and

11 (11) prescribe regulations prohibiting conflicts

12 of interest relating to boxing matches.

13 (e) CONSULTATION WITH STATE BOXING AUTHORI14 TIES.—The Corporation shall consult with State boxing

15 authorities—

16 (1) before prescribing any regulation or estab17 lishing any standard under the provisions of this

18 section; and

19 (2) no less than once each year regarding mat20 ters relating to professional boxing.

21 (f) SUSPENSION AND REVOCATION OF LICENSE OR

22 REGISTRATION.—(1) The Corporation may, after appro23 priate notice and opportunity for a hearing, suspend or

24 revoke any license or registration made under this Act if

25 the Corporation finds—
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1 (A) such suspension or revocation is in the pub2 lic interest, including the protection of health and

3 safety; or

4 (B) there is reasonable grounds for belief that

5 standards prescribed by the Corporation under this

6 section are not being met, or that bribery, collusion,

7 intentional losing, racketeering, extortion, or the use

8 of unlawful threats, coercion, or intimidation have

9 been used in connection with such licensing or reg10 istration.

11 (2) Any suspension of a license or registration under

12 this section shall be for a period of not less than 6 months

13 unless—

14 (A) such suspension results from a person’s

15 medical condition; and

16 (B) such person is medically certified to partici17 pate in a boxing match before the end of such 6-

18 month period.

19 (g) PROHIBITORY ORDERS.—(1) The Corporation

20 may, after appropriate notice and opportunity for hearing,

21 by order prohibit the holding of any proposed boxing

22 match if it finds such prohibition is in the public interest

23 and that—
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1 (A) any contract, arrangement, or agreement

2 with respect to such match does not comply with the

3 regulations of the Corporation;

4 (B) such match, or any participant in such

5 match, is not licensed or registered as provided

6 under this Act;

7 (C) there is reasonable grounds for belief that

8 such match may be affected by bribery, collusion, in9 tentional losing, racketeering, extortion, or the use

10 of unlawful threats, coercion, intimidation or vio11 lence; or

12 (D) the health and safety of any participant is

13 placed at undue risk by such proposed match.

14 (2)(A) At or after the time that notice of any pro15 ceeding under paragraph (1) is sent or ordered by the Cor16 poration to be published, regardless of whether or not any

17 person to be affected by such proceeding has received such

18 notice, the Corporation may by order without notice or

19 hearing summarily prohibit the holding of the boxing

20 match in question pending final disposition of the proceed21 ing by the Corporation, or for such shorter period as the

22 Corporation considers appropriate. The Corporation shall

23 issue such an order without notice or hearing if in its judg24 ment such action is in the public interest (including the
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1 protection of the health and safety of a boxer) and nec2 essary to carry out the purposes of this Act.

3 (B) No liability shall attach to any person by virtue

4 of a summary order issued under this subsection unless

5 such person has actual notice thereof.

6 (h) INVESTIGATIONS AND INJUNCTIONS.—(1) The

7 Corporation may, in its discretion, make such investiga8 tions as it considers necessary to determine whether any

9 person has violated or is about to violate any provision

10 of this Act or any rule or regulation thereunder, and may

11 require or permit any person to file with it a statement

12 in writing, under oath or otherwise as the Corporation

13 shall determine, as to all the facts and circumstances con14 cerning the matter to be investigated. The Corporation

15 may, in its discretion, publish information concerning any

16 such violations, and investigate any facts, conditions, prac17 tices, or matters which it may determine necessary or

18 proper to aid in the enforcement of the provisions of this

19 Act, in the prescribing of rules and regulations under this

20 Act, or in securing information to serve as a basis for rec21 ommending further legislation concerning the matters to

22 which this Act relates.

23 (2) For the purpose of any such investigation, or any

24 other proceeding under this Act, any officer designated by

25 the Corporation is empowered to administer oaths and af-
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1 firmations, subpoena witnesses, compel their attendance,

2 take evidence, and require the production of any books,

3 papers, correspondence, memorandums, or other records

4 which the Corporation considers relevant or material to

5 the inquiry. Such attendance of witnesses and the produc6 tion of any such records may be required from any place

7 in the United States or any State at any designated place

8 of hearing.

9 (3) In case of contumacy by, or refusal to obey a sub10 poena issued to, any person, the Corporation may file an

11 action in any court of the United States within the juris12 diction of which such investigation or proceeding is carried

13 on, or where such person resides or carries on business,

14 to enforce the attendance and testimony of witnesses and

15 the production of books, papers, correspondence, memo16 randums, and other records. Such court may issue an

17 order requiring such person to appear before the Corpora18 tion to produce records, if so ordered, or to give testimony

19 concerning the matter under investigation or in question.

20 Any failure to obey such order of the court may be pun21 ished by such court as a contempt thereof. All process in

22 any such case may be served in the judicial district in

23 which such person is an inhabitant or in which such per24 son may be found. Any person who, without just cause,

25 fails or refuses to attend and testify or to answer any law-
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1 ful inquiry or to produce books, papers, correspondence,

2 memorandums, and other records, if in the power of such

3 person so to do, in obedience to the subpoena of the Cor4 poration, shall be guilty of a misdemeanor and, upon con5 viction, shall be subject to a fine of not more than $1,000

6 or to imprisonment for a term of not more than 1 year,

7 or both.

8 (4) No person shall be excused from attending and

9 testifying or from producing books, papers, contracts,

10 agreements, and other records and documents before the

11 Corporation, or in obedience to the subpoena of the Cor12 poration, or in any cause or proceeding instituted by the

13 Corporation, on the ground that the testimony or evidence,

14 documentary or otherwise, required of such person may

15 tend to incriminate such person or subject such person

16 to a penalty or forfeiture. No individual shall be pros17 ecuted or subject to any penalty or forfeiture for or on

18 account of any transaction, matter, or thing concerning

19 which such individual is compelled, after having claimed

20 a privilege against self-incrimination, to testify or produce

21 evidence, documentary or otherwise, except that such indi22 vidual so testifying shall not be exempt from prosecution

23 and punishment for perjury committed in so testifying.

24 (5) If the Corporation determines that any person is

25 engaged or about to engage in any acts or practices which
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1 constitute or shall constitute a violation of any provision

2 of this Act, or of any rule or regulation thereunder, it may

3 bring an action in the appropriate district court of the

4 United States, the United States District Court for the

5 District of Columbia, or the United States courts of any

6 territory or other place subject to the jurisdiction of the

7 United States, to enjoin such acts or practices, and upon

8 a proper showing a permanent or temporary injunction or

9 restraining order shall be granted without bond.

10 (6) Upon application of the Corporation the district

11 courts of the United States, the United States District

12 Court for the District of Columbia, and the United States

13 courts of any territory or other place subject to the juris14 diction of the United States, shall have jurisdiction to

15 issue writs of mandamus commanding any person to com16 ply with the provisions of this Act or any order of the

17 Corporation.

18 (i) INTERVENTION IN CIVIL ACTIONS.—The Corpora19 tion shall be permitted an intervention of right as provided

20 under rule 24(a) of the Federal Rules of Civil Procedure

21 in any civil action filed in a United States district court

22 on behalf of the public interest in any case relating to pro23 fessional boxing. The Corporation may file a brief in any

24 action filed in a court of the United States on behalf of
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1 the public interest in any case relating to professional box2 ing.

3 (j) HEARINGS BY CORPORATION.—Hearings may be

4 public and may be held before any officer of the Corpora5 tion and appropriate records thereof shall be kept.

6 SEC. 9. SUBMISSION AND APPROVAL OF STATE BOXING

7 PLAN TO CORPORATION.

8 (a) IN GENERAL.—Beginning on the date occurring

9 18 months after the date of the enactment of this Act,

10 a State regulating professional boxing shall submit to the

11 Corporation a State boxing plan that meets the require12 ments of subsection (b).

13 (b) STATE BOXING PLAN REQUIREMENTS.—A State

14 boxing plan meets the requirements of this subsection if

15 such plan—

16 (1) establishes or maintains a State agency for

17 the purpose of regulating professional boxing in such

18 State in compliance with the minimum standards es19 tablished by the Corporation; and

20 (2) establishes a registration procedure consist21 ent with the provisions of section 8 by which such

22 State agency requires that—

23 (A) each individual and organization in24 volved in professional boxing in such State be

25 registered with such State agency in accordance
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1 with the minimum Federal boxing standards;

2 and

3 (B) each individual and organization re4 ferred to in subparagraph (A) pay a registra5 tion fee to the Corporation in an amount deter6 mined by the Corporation pursuant to section

7 8(b) for the purpose of funding the Corpora8 tion.

9 (c) APPROVAL AND DISAPPROVAL OF STATE BOXING

10 PLAN.—No later than 60 days after the date on which

11 a State submits a State boxing plan pursuant to sub12 section (a), the Corporation shall—

13 (1) approve such plan if the plan meets the re14 quirements of subsection (b); or

15 (2) disapprove the plan and notify the State of

16 the reasons therefore.

17 (d) WITHDRAWAL OF APPROVAL.—The Corporation

18 shall withdraw its approval of any State boxing plan if

19 the Corporation determines that such plan, or the admin20 istration of such plan, no longer meets the requirements

21 of subsection (b).

22 (e) PROHIBITION OF CERTAIN PROFESSIONAL BOX23 ING MATCHES.—Beginning 3 years after the date of the

24 enactment of this Act, no boxing match shall be held in

25 a State—
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1 (1) which does not have in effect a State boxing

2 plan approved by the Corporation under subsection

3 (c);

4 (2) which has in effect a State boxing plan ap5 proved by the Corporation under subsection (c), if

6 the Corporation determines that there exist reason7 able grounds for belief that the minimum boxing

8 standards established under section 8 are not being

9 met in connection with such match; or

10 (3) which has a State boxing plan approval

11 withdrawn under subsection (d).

12 SEC. 10. POWERS OF THE CORPORATION.

13 (a) IN GENERAL.—The Corporation may—

14 (1) serve as the coordinating body for all efforts

15 in the United States to establish and maintain uni16 form minimum health and safety standards for pro17 fessional boxing;

18 (2) appoint and fix the compensation of such

19 officers and employees as may be necessary to carry

20 out the functions of the Corporation, and shall ap21 point such officers and employees in accordance with

22 the civil service laws and fix such compensation in

23 accordance with the provisions of title 5, United

24 States Code;
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1 (3) enter into contracts for temporary and

2 intermittent services to carry out any function of the

3 Corporation;

4 (4) publish a newspaper, magazine, or other

5 publication consistent with corporate purposes; and

6 (5) take any necessary and proper action to ac7 complish the purposes of this Act consistent with the

8 provisions of this Act.

9 (b) PROHIBITIONS.—The Corporation may not—

10 (1) promote boxing events or rank professional

11 boxers; or

12 (2) provide technical assistance to, or authorize

13 the use of the name of the Corporation by, States

14 which do not comply with requirements of the Cor15 poration.

16 (c) USE OF NAME.—The Corporation shall have the

17 exclusive right to use the name ‘‘Professional Boxing Cor18 poration’’ and the acronyms ‘‘P.B.C.’’ and ‘‘PBC’’, and

19 any person who, without the permission of the Corpora20 tion, uses such name or any other exclusive name, trade21 mark, emblem, symbol, or insignia of the Corporation for

22 the purpose of inducing the sale of any goods or services,

23 or to promote any exhibition, performance, or sporting

24 event, shall be subject to suit in a civil action by the Cor25 poration for the remedies provided in the Act of July 5,
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1 1946 (60 Stat. 427; 15 U.S.C. 1051 et seq., popularly

2 known as the Trademark Act of 1946).

3 SEC. 11. NONINTERFERENCE WITH STATE BOXING AU4 THORITIES.

5 (a) NONINTERFERENCE.—Nothing in this Act shall

6 prohibit any agency established by or pursuant to the law

7 of any State or political subdivision of any State from ex8 ercising any of its powers, duties, or functions with respect

9 to the regulation or supervision of professional boxing or

10 boxing matches to the extent not inconsistent with the pro11 visions of this Act.

12 (b) MINIMUM STANDARDS.—Nothing in this Act

13 shall prohibit any State boxing authority from enforcing

14 State standards or requirements which exceed the mini15 mum standards or requirements promulgated by regula16 tion of the Corporation.

17 SEC. 12. ASSISTANCE FROM OTHER AGENCIES.

18 (a) IN GENERAL.—(1) Notwithstanding section 552a

19 of title 5, United States Code, or any other provision of

20 law, the Corporation may secure directly from any execu21 tive department, agency, bureau, board, commission, of22 fice, independent establishment, or instrumentality any in23 formation, suggestions, estimates, and statistics which

24 shall assist the Corporation in carrying out the purposes

25 of this Act, and each such department, agency, bureau,
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1 board, commission, office, independent establishment, or

2 instrumentality shall furnish such information, sugges3 tions, estimates, and statistics directly to the Corporation,

4 upon request made by the Executive Director.

5 (2) Any information, including suggestions, esti6 mates, and statistics, secured by the Corporation which,

7 but for paragraph (1) of this subsection, could not be se8 cured by the Corporation by reason of section 552a of title

9 5, United States Code, or any other provision of law shall

10 be treated by the Corporation as confidential information.

11 (3) Except as provided in paragraph (4) of this sub12 section, no officer or employee of the Corporation may dis13 close to any person other than an officer or employee of

14 the Corporation any information referred to in paragraph

15 (2) of this subsection. Nothing in this subsection shall be

16 construed to authorize the Corporation to withhold infor17 mation from the Congress.

18 (4)(A) Any information referred to in paragraph (2)

19 of this subsection may be disclosed in accordance with the

20 prior written consent of the person with respect to whom

21 such information is maintained, but only to such extent,

22 under such circumstances, and for such other purposes as

23 may be allowed under regulations which shall be pre24 scribed by the Corporation.
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1 (B) Whether or not the person, with respect to whom

2 any information referred to in paragraph (2) of this sub3 section is maintained, gives consent, such information may

4 be disclosed if authorized by an appropriate order of a

5 court of competent jurisdiction granted after application

6 showing good cause therefore. In assessing good cause the

7 court shall weigh the public interest and the need for dis8 closure against any prejudice to the person together with

9 the effective administration and enforcement of the provi10 sions of this Act. Upon the granting of such order, the

11 court, in determining the extent to which any disclosure

12 of all or any part of any information is necessary, shall

13 impose appropriate safeguards against unauthorized dis14 closure.

15 (5)(A) Whoever violates any provision of this sub16 section may be assessed a civil penalty of not to exceed

17 $1,000 for each violation. Such penalty shall be assessed

18 by the court in a civil action brought by the Attorney Gen19 eral of the United States.

20 (B) The Corporation shall refer to the Attorney Gen21 eral the name of any person it has reasonable cause to

22 believe has violated any provision of this subsection.

23 (b) DETAILS.—Any employee of any executive de24 partment, agency, bureau, board, commission, office, inde25 pendent establishment, or instrumentality may be detailed
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1 to the Corporation, upon the request of the Executive Di2 rector, on a reimbursable or nonreimbursable basis, with

3 the consent of the appropriate authority having jurisdic4 tion over such employee. While so detailed, such employee

5 shall continue to receive the compensation provided pursu6 ant to law for the regular employment of such employee

7 and shall retain, without interruption, the rights and privi8 leges of such employment.

9 SEC. 13. PROFESSIONAL BOXING CORPORATION TRUST

10 FUND.

11 (a) ESTABLISHMENT.—There is established the Pro12 fessional Boxing Corporation Trust Fund in the Treasury

13 of the United States, consisting of such amounts as are

14 transferred to the Fund under subsection (b) of this sec15 tion and any interest earned on investment of amounts

16 in the Fund under subsection (e)(2) of this section.

17 (b) TRANSFER OF AMOUNTS EQUIVALENT TO CER18 TAIN FEES.—(1) The Secretary shall transfer to the Fund

19 an amount equal to the sum of the fees received in the

20 Treasury under section 8 after the effective date of this

21 Act.

22 (2) The amounts required to be transferred to the

23 Fund under paragraph (1) shall be transferred at least

24 quarterly from the general fund of the Treasury to the

25 Fund on the basis of estimates made by the Secretary.
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1 Proper adjustment shall be made in amounts subsequently

2 transferred to the extent prior estimates were in excess

3 of or less than the amounts required to be transferred.

4 (c) EXPENDITURE FROM FUND.—Amounts in the

5 Fund shall be available, as provided in appropriation Acts,

6 only for purposes of making expenditures to carry out the

7 purposes of this Act.

8 (d) AUTHORITY TO BORROW.—(1) There are author9 ized to be appropriated to the Fund, as repayable ad10 vances, such sums as may be necessary to carry out the

11 purposes of the Fund.

12 (2)(A) Advances made to the Fund shall be repaid,

13 and interest on such advances shall be paid, to the general

14 fund of the Treasury when the Secretary determines that

15 moneys are available for such purposes in the Fund.

16 (B) No advance shall be made to the Fund after the

17 date occurring 5 years after the effective date of this Act,

18 and all advances to such Fund shall be repaid on or before

19 such date.

20 (C) Interest on advances made to the Fund shall be

21 at a rate determined by the Secretary (as of the close of

22 the calendar month preceding the month in which the ad23 vance is made) to be equal to the current average market

24 yield on outstanding marketable obligations of the United

25 States with remaining periods to maturity comparable to
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1 the anticipated period during which the advance will be

2 outstanding and shall be compounded annually.

3 (e) INVESTMENT OF FUND.—(1) It shall be the duty

4 of the Secretary to invest such portion of the Fund as

5 is not, in the Secretary’s judgment, required to meet cur6 rent withdrawals. Such investments may be made only in

7 interest-bearing obligations of the United States or in obli8 gations guaranteed as to both principal and interest by

9 the United States. For such purpose, such obligations may

10 be acquired—

11 (A) on original issue at the issue price, or

12 (B) by purchase of outstanding obligations at

13 the market price.

14 The purposes for which obligations of the United States

15 may be issued under chapter 31 of title 31, of the United

16 States Code, are hereby extended to authorize the issuance

17 at par of special obligations exclusively to the Fund. Such

18 special obligations shall bear interest at a rate equal to

19 the average rate of interest, computed as to the end of

20 the calendar month next preceding the date of such issue,

21 borne by all marketable interest-bearing obligations of the

22 United States then forming a part of the Public Debt; ex23 cept that where such average rate is not a multiple of one24 eighth of 1 percent, the rate of interest of such special

25 obligations shall be the multiple of one-eighth of 1 percent
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1 next lower than such average rate. Such special obligations

2 shall be issued only if the Secretary determines that the

3 purchase of other interest-bearing obligations of the

4 United States, or of obligations guaranteed as to both

5 principal and interest by the United States on original

6 issue or at the market price, is not in the public interest.

7 (2) Any obligation acquired by the Fund (except spe8 cial obligations issued exclusively to the Fund) may be sold

9 by the Secretary of the Treasury at the market price, and

10 such special obligations may be redeemed at par plus ac11 crued interest.

12 (3) The interest on, and the proceeds from the sale

13 or redemption of, any obligations held in the Fund shall

14 be credited to and form a part of the Fund.

15 (f) OBLIGATIONS FROM FUND.—The Corporation is

16 authorized to obligate such sums as are available in the

17 Fund (including any amounts not obligated in previous fis18 cal years) for—

19 (1) the functions of the Corporation under sec20 tion 8; and

21 (2) properly allocable administrative costs of

22 the Federal Government for the activities related to

23 such functions.

24 (g) REPORT TO CONGRESS.—It shall be the duty of

25 the Secretary to hold the Fund, and (after consultation
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1 with the Corporation) to report to the Congress each year

2 on the financial condition and the results of the operations

3 of the Fund during the preceding fiscal year and on its

4 expected condition and operations during the next fiscal

5 year. Such report shall be printed as both a House and

6 Senate document of the session of the Congress to which

7 the report is made.

8 SEC. 14. AUDIT AND REPORT.

9 (a) AUDIT.—The Comptroller General shall conduct

10 an annual audit of the finances of the Corporation, to be

11 completed in time for inclusion in the report required by

12 subsection (b).

13 (b) REPORT.—The Corporation shall submit a report

14 to the Congress within 1 year after the effective date of

15 this Act and annually thereafter. Such report shall detail

16 the activities of the Corporation for the preceding year and

17 shall include—

18 (1) a description of the State boxing authority

19 in each State; and

20 (2) the results of the audit required under sub21 section (a).

22 (c) PUBLIC REPORT.—The Corporation shall annu23 ally issue a report made available to the public on the

24 progress made at Federal and State levels in the reform
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1 of professional boxing and commenting on issues of con2 tinuing concern to the Corporation.

3 SEC. 15. PETITION TO REPEAL BEFORE EFFECTIVE DATE.

4 (a) PETITION TO CONGRESS.—During the 1-year pe5 riod preceding the effective date of this Act, a majority

6 of the State boxing authorities from all States may submit

7 a petition as described under subsection (b) to the Senate

8 Governmental Affairs Committee and the House of Rep9 resentatives Government Operations Committee. Such

10 committees shall take all necessary actions to respond to

11 such petition before the effective date of this Act.

12 (b) CONTENTS.—The petition submitted under sub13 section (a) shall include—

14 (1) a statement with supporting evidence that

15 the provisions of this Act are unnecessary because

16 the State authorities have established an organiza17 tion to effectively carry out the purposes of this Act;

18 and

19 (2) a request for the Congress to enact legisla20 tion to delay the effective date of this Act or repeal

21 this Act.

22 SEC. 16. INFORMAL RULEMAKING.

23 To the greatest extent practicable, the Corporation

24 shall conduct all rulemaking under the provisions of sec25 tion 553 of title 5, United States Code.
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1 SEC. 17. TERMINATION OF CORPORATION.

2 The Corporation shall terminate effective on the date

3 occurring 7 years after the date of the enactment of this

4 Act.

5 SEC. 18. EFFECTIVE DATE.

6 The provisions of this Act and the amendments made

7 by this Act (except for section 15 which shall take effect

8 on the date of enactment) shall be effective on and after

9 1 year after the date of the enactment of this Act.

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