I 

108TH CONGRESS 

2D SESSION H. R. 5272

To establish the United States Boxing Commission to protect the general 

welfare of boxers and to ensure fairness in the sport of professional boxing. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 7, 2004

Mr. STEARNS (for himself, Mr. OSBORNE, and Mr. KING of New York) introduced the following bill; which was referred to the Committee on Energy 

and Commerce, and in addition to the Committee on Education and the 

Workforce, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To establish the United States Boxing Commission to protect 

the general welfare of boxers and to ensure fairness 

in the sport of professional boxing.

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 ‘‘United States Boxing 

5 Commission Act’’. 
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1 SEC. 2. ESTABLISHMENT OF UNITED STATES BOXING COM2 MISSION. 

3 (a) IN GENERAL.—The United States Boxing Com4 mission is established as a commission within the Depart5 ment of Commerce. 

6 (b) MEMBERS.—

7 (1) IN GENERAL.—The Commission shall con8 sist of 3 members appointed by the President, by 

9 and with the advice and consent of the Senate. 

10 (2) QUALIFICATIONS.—No member of the Com11 mission may, while serving as a member of the Com12 mission—

13 (A) be engaged as a professional boxer, 

14 boxing promoter, agent, fight manager, match15 maker, referee, judge, or in any other capacity 

16 in the conduct of the business of professional 

17 boxing; 

18 (B) have any pecuniary interest in the 

19 earnings of any boxer or the proceeds or out20 come of any boxing match; or 

21 (C) serve as a member of a boxing commis22 sion. 

23 (3) BIPARTISAN MEMBERSHIP.—Not more than 

24 2 members of the Commission may be members of 

25 the same political party. 
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1 (4) GEOGRAPHIC BALANCE.—Not more than 2 

2 members of the Commission may be residents of the 

3 same geographic region of the United States when 

4 appointed to the Commission. For purposes of the 

5 preceding sentence, the area of the United States 

6 east of the Mississippi River is a geographic region, 

7 and the area of the United States west of the Mis8 sissippi River is a geographic region. 

9 (5) TERMS.—

10 (A) IN GENERAL.—The term of a member 

11 of the Commission shall be 3 years. No member 

12 of the Commission shall serve more than 2 

13 terms. 

14 (B) MIDTERM VACANCIES.—A member of 

15 the Commission appointed to fill a vacancy in 

16 the Commission occurring before the expiration 

17 of the term for which the member’s predecessor 

18 was appointed shall be appointed for the re19 mainder of that unexpired term. 

20 (C) CONTINUATION PENDING REPLACE21 MENT.—A member of the Commission may 

22 serve after the expiration of that member’s 

23 term until a successor has taken office. 

24 (6) REMOVAL.—A member of the Commission 

25 may be removed by the President only for cause. 
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1 (c) EXECUTIVE DIRECTOR.—

2 (1) IN GENERAL.—The Commission shall em3 ploy an Executive Director to perform the adminis4 trative functions of the Commission under this Act, 

5 and such other functions and duties of the Commis6 sion as the Commission shall specify. 

7 (2) DISCHARGE OF FUNCTIONS.—Subject to the 

8 authority, direction, and control of the Commission 

9 the Executive Director shall carry out the functions 

10 and duties of the Commission under this Act. 

11 (d) GENERAL COUNSEL.—The Commission shall em12 ploy a General Counsel to provide legal counsel and advice 

13 to the Executive Director and the Commission in the per14 formance of its functions under this Act, and to carry out 

15 such other functions and duties as the Commission shall 

16 specify. 

17 (e) STAFF.—The Commission shall employ such addi18 tional staff as the Commission considers appropriate to 

19 assist the Executive Director and the General Counsel in 

20 carrying out the functions and duties of the Commission 

21 under this Act. 

22 (f) MEETINGS.—The Commission shall hold its first 

23 meeting no later than 30 days after all members shall have 

24 been appointed. 

25 (g) COMPENSATION.—
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1 (1) MEMBERS OF COMMISSION.—

2 (A) IN GENERAL.—Each member of the 

3 Commission shall be compensated at a rate 

4 equal to the daily equivalent of the annual rate 

5 of basic pay prescribed for level IV of the Exec6 utive Schedule under section 5315 of title 5, 

7 United States Code, for each day (including 

8 travel time) during which such member is en9 gaged in the performance of the duties of the 

10 Commission. 

11 (B) TRAVEL EXPENSES.—The members of 

12 the Commission shall be allowed travel ex13 penses, including per diem in lieu of subsist14 ence, at rates authorized for employees of agen15 cies under subchapter I of chapter 57 of title 5, 

16 United States Code, while away from their 

17 homes or regular places of business in the per18 formance of services for the Commission. 

19 (2) EXECUTIVE DIRECTOR AND STAFF.—The 

20 Commission shall fix the compensation of the Execu21 tive Director, the General Counsel, and other per22 sonnel of the Commission. The rate of pay for the 

23 Executive Director, the General Counsel, and other 

24 personnel may not exceed the rate payable for level 
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1 V of the Executive Schedule under section 5316 of 

2 title 5, United States Code. 

3 SEC. 3. FUNCTIONS. 

4 (a) PRIMARY FUNCTIONS.—The primary functions of 

5 the Commission are—

6 (1) to protect the general interests of boxers 

7 consistent with the provisions of this Act; and 

8 (2) to ensure uniformity, fairness, and integrity 

9 in professional boxing. 

10 (b) SPECIFIC FUNCTIONS.—The Commission shall—

11 (1) promulgate uniform standards for profes12 sional boxing in consultation with the Association of 

13 Boxing Commissions; 

14 (2) except as otherwise determined by the Com15 mission, oversee all professional boxing matches in 

16 the United States; 

17 (3) work with the boxing commissions of the 

18 several States and tribal organizations to improve 

19 the status and standards of professional boxing in 

20 the United States; 

21 (4) ensure, in cooperation with the Attorney 

22 General (who shall represent the Commission in any 

23 judicial proceeding under this Act), the chief law en24 forcement officer of the several States, and other ap25 propriate officers and agencies of Federal, State, 
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1 and local government, that Federal and State laws 

2 applicable to professional boxing matches in the 

3 United States are vigorously, effectively, and fairly 

4 enforced; 

5 (5) review State boxing commission regulations 

6 for professional boxing and provide assistance to 

7 such authorities in meeting minimum standards pre8 scribed by the Commission under this Act; 

9 (6) if the Commission determines appropriate, 

10 publish a newspaper, magazine, or other publication 

11 and establish and maintain an Internet website con12 sistent with the provisions of this Act; and 

13 (7) promulgate rules, regulations, and guidance, 

14 and take any other action necessary and proper to 

15 accomplish the purposes of, and consistent with, the 

16 provisions of this Act. 

17 (c) PROHIBITIONS.—The Commission may not—

18 (1) promote boxing events or rank professional 

19 boxers; or 

20 (2) provide technical assistance to, or authorize 

21 the use of the name of the Commission by, boxing 

22 commissions that do not comply with requirements 

23 of the Commission. 
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1 SEC. 4. LICENSING AND REGISTRATION OF BOXING PER2 SONNEL. 

3 (a) LICENSING.—

4 (1) REQUIREMENT FOR LICENSE.—No person 

5 may compete in a professional boxing match or serve 

6 as a boxing manager, boxing promoter, or sanc7 tioning organization for a professional boxing match 

8 except as provided in a license granted to that per9 son under this subsection. 

10 (2) APPLICATION AND TERM.—

11 (A) IN GENERAL.—The Commission 

12 shall—

13 (i) establish application procedures, 

14 forms, and fees; 

15 (ii) establish and publish appropriate 

16 standards for licenses granted under this 

17 section; and 

18 (iii) issue a license to any person who, 

19 as determined by the Commission, meets 

20 the standards established by the Commis21 sion under this Act. 

22 (B) DURATION.—A license issued under 

23 this section shall be for a renewable—

24 (i) 4-year term for a boxer; and 

25 (ii) 2-year term for any other person. 
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1 (C) PROCEDURE.—The Commission may 

2 issue a license under this paragraph through 

3 boxing commissions or in a manner determined 

4 by the Commission. 

5 (b) LICENSING FEES.—

6 (1) AUTHORITY.—The Commission may pre7 scribe and charge reasonable fees for the licensing of 

8 persons under this Act. The Commission may set, 

9 charge, and adjust varying fees on the basis of clas10 sifications of persons, functions, and events deter11 mined appropriate by the Commission. 

12 (2) LIMITATIONS.—In setting and charging fees 

13 under paragraph (1), the Commission shall ensure 

14 that, to the maximum extent practicable—

15 (A) club boxing is not adversely effected; 

16 (B) sanctioning organizations and pro17 moters pay comparatively the largest portion of 

18 the fees; and 

19 (C) boxers pay as small a portion of the 

20 fees as is possible. 

21 (3) COLLECTION.—Fees established under this 

22 subsection may be collected through boxing commis23 sions or by any other means determined appropriate 

24 by the Commission. 
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1 SEC. 5. NATIONAL REGISTRY OF BOXING PERSONNEL. 

2 The Commission shall establish and maintain (or au3 thorize a third party to establish and maintain) a unified 

4 national computerized registry for the collection, storage, 

5 and retrieval of such information as the Commission shall 

6 prescribe by rule related to the performance of its duties. 

7 SEC. 6. CONSULTATION REQUIREMENTS. 

8 The Commission shall consult with the Association of 

9 Boxing Commissions—

10 (1) before prescribing any regulation or estab11 lishing any standard under the provisions of this 

12 Act; and 

13 (2) not less than once each year regarding mat14 ters relating to professional boxing. 

15 SEC. 7. MISCONDUCT. 

16 (a) SUSPENSION AND REVOCATION OF LICENSE OR

17 REGISTRATION.—

18 (1) AUTHORITY.—The Commission may, after 

19 notice and opportunity for a hearing, suspend or re20 voke any license issued under this Act if the Com21 mission finds that—

22 (A) the license holder has violated any pro23 vision of this Act; 

24 (B) there are reasonable grounds for belief 

25 that a standard prescribed by the Commission 

26 under this Act is not being met, or that bribery, 
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1 collusion, intentional losing, racketeering, extor2 tion, or the use of unlawful threats, coercion, or 

3 intimidation have occurred in connection with a 

4 license; or 

5 (C) the suspension or revocation in the 

6 public interest. 

7 (2) PERIOD OF SUSPENSION.—A suspension of 

8 a license under this section shall be effective for a 

9 period determined appropriate by the Commission. 

10 (3) PERIOD OF REVOCATION.—In the case of a 

11 revocation of the license of a boxer, the revocation 

12 shall be for a period of not less than 1 year. 

13 (b) INVESTIGATIONS AND INJUNCTIONS.—

14 (1) AUTHORITY.—The Commission may—

15 (A) conduct any investigation that it con16 siders necessary to determine whether any per17 son has violated, or is about to violate, any pro18 vision of this Act or any regulation prescribed 

19 under this Act; 

20 (B) require or permit any person to file 

21 with it a statement in writing, under oath or 

22 otherwise as the Commission shall determine, 

23 as to all the facts and circumstances concerning 

24 the matter to be investigated; 
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1 (C) in its discretion, publish information 

2 concerning any violations; and 

3 (D) investigate any facts, conditions, prac4 tices, or matters to aid in the enforcement of 

5 the provisions of this Act, in the prescribing of 

6 regulations under this Act, or in securing infor7 mation to serve as a basis for recommending 

8 legislation concerning the matters to which this 

9 Act relates. 

10 (2) POWERS.—

11 (A) IN GENERAL.—For the purpose of any 

12 investigation under paragraph (1) or any other 

13 proceeding under this Act—

14 (i) any officer designated by the Com15 mission may administer oaths and affirma16 tions, subpoena or otherwise compel the at17 tendance of witnesses, take evidence, and 

18 require the production of any books, pa19 pers, correspondence, memoranda, or other 

20 records the Commission considers relevant 

21 or material to the inquiry; and 

22 (ii) the provisions of sections 6002 

23 and 6004 of title 18, United States Code, 

24 shall apply. 
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1 (B) WITNESSES AND EVIDENCE.—The at2 tendance of witnesses and the production of any 

3 documents under subparagraph (A) may be re4 quired from any place in the United States, in5 cluding Indian land, at any designated place of 

6 hearing. 

7 (3) ENFORCEMENT OF SUBPOENAS.—

8 (A) CIVIL ACTION.—In case of contumacy 

9 by, or refusal to obey a subpoena issued to, any 

10 person, the Commission may file an action in 

11 any district court of the United States within 

12 the jurisdiction of which an investigation or 

13 proceeding is carried out, or where that person 

14 resides or carries on business, to enforce the at15 tendance and testimony of witnesses and the 

16 production of books, papers, correspondence, 

17 memorandums, and other records. The court 

18 may issue an order requiring the person to ap19 pear before the Commission to produce records, 

20 if so ordered, or to give testimony concerning 

21 the matter under investigation or in question. 

22 (B) FAILURE TO OBEY.—Any failure to 

23 obey an order issued by a court under subpara24 graph (A) may be punished as contempt of that 

25 court. 
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1 (C) PROCESS.—All process in any con2 tempt case under subparagraph (A) may be 

3 served in the judicial district in which the per4 son is an inhabitant or in which the person may 

5 be found. 

6 (4) EVIDENCE OF CRIMINAL MISCONDUCT.—No 

7 person may be excused from attending and testifying 

8 or from producing books, papers, contracts, agree9 ments, and other records and documents before the 

10 Commission, in obedience to the subpoena of the 

11 Commission, or in any cause or proceeding instituted 

12 by the Commission, on the ground that the testi13 mony or evidence, documentary or otherwise, re14 quired of that person may tend to incriminate the 

15 person or subject the person to a penalty or for16 feiture. 

17 (5) INJUNCTIVE RELIEF.—If the Commission 

18 determines that any person is engaged or about to 

19 engage in any act or practice that constitutes a vio20 lation of any provision of this Act, or of any regula21 tion prescribed under this Act, the Commission may 

22 bring an action in the appropriate district court of 

23 the United States, the United States District Court 

24 for the District of Columbia, or the United States 

25 courts of any territory or other place subject to the 
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1 jurisdiction of the United States, to enjoin the act 

2 or practice, and upon a proper showing, the court 

3 shall grant without bond a permanent or temporary 

4 injunction or restraining order. 

5 (6) MANDAMUS.—Upon application of the Com6 mission, the district courts of the United States, the 

7 United States District Court for the District of Co8 lumbia, and the United States courts of any terri9 tory or other place subject to the jurisdiction of the 

10 United States, shall have jurisdiction to issue writs 

11 of mandamus commanding any person to comply 

12 with the provisions of this Act or any order of the 

13 Commission. 

14 (c) INTERVENTION IN CIVIL ACTIONS.—

15 (1) IN GENERAL.—The Commission, on behalf 

16 of the public interest, may intervene of right as pro17 vided under rule 24(a) of the Federal Rules of Civil 

18 Procedure in any civil action relating to professional 

19 boxing filed in a district court of the United States. 

20 (2) AMICUS FILING.—The Commission may file 

21 a brief in any action filed in a court of the United 

22 States on behalf of the public interest in any case 

23 relating to professional boxing. 

24 (d) HEARINGS BY COMMISSION.—Hearings con25 ducted by the Commission under this Act shall be public 
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1 and may be held before any officer of the Commission. 

2 The Commission shall keep appropriate records of the 

3 hearings. 

4 SEC. 8. NONINTERFERENCE WITH BOXING COMMISSIONS. 

5 (a) NONINTERFERENCE.—Nothing in this Act pro6 hibits any boxing commission from exercising any of its 

7 powers, duties, or functions with respect to the regulation 

8 or supervision of professional boxing or professional box9 ing matches to the extent not inconsistent with the provi10 sions of this Act. 

11 (b) MINIMUM STANDARDS.—Nothing in this Act pro12 hibits any boxing commission from enforcing local stand13 ards or requirements that exceed the minimum standards 

14 or requirements promulgated by the Commission under 

15 this Act. 

16 SEC. 9. ASSISTANCE FROM OTHER AGENCIES. 

17 Any employee of any executive department, agency, 

18 bureau, board, commission, office, independent establish19 ment, or instrumentality may be detailed to the Commis20 sion, upon the request of the Commission, on a reimburs21 able or nonreimbursable basis, with the consent of the ap22 propriate authority having jurisdiction over the employee. 

23 While so detailed, an employee shall continue to receive 

24 the compensation provided pursuant to law for the employ25 ee’s regular position of employment and shall retain, with-
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1 out interruption, the rights and privileges of that employ2 ment. 

3 SEC. 10. STUDY. 

4 (a) STUDY.—The Commission shall conduct a study 

5 on the health and safety aspects of boxing, including an 

6 examination of—

7 (1) the risks or serious injury and the nature 

8 of potential injuries; 

9 (2) the long term effect of boxing on the health 

10 of boxers; and 

11 (3) the effectiveness of safety standards and 

12 regulations. 

13 (b) REPORT.—Not later than 1 year after the date 

14 of enactment of this Act, the Commission shall submit a 

15 report on the study required by this section to the Com16 mittee on Commerce, Science, and Transportation of the 

17 Senate and the Committee on Energy and Commerce of 

18 the House of Representatives, including recommendations 

19 to improve the health and safety aspects of boxing. 

20 SEC. 11. REPORTS. 

21 (a) ANNUAL REPORT.—Not later than 2 years after 

22 the date of enactment of this Act, and each year there23 after, the Commission shall submit a report on its activi24 ties to the Committee on Commerce, Science, and Trans25 portation of the Senate and the Committee on Energy and 
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1 Commerce of the House of Representatives. The annual 

2 report shall include—

3 (1) a detailed discussion of the activities of the 

4 Commission for the year covered by the report; and 

5 (2) an overview of the licensing and enforce6 ment activities of the State and tribal organization 

7 boxing commissions. 

8 (b) PUBLIC REPORT.—The Commission shall annu9 ally issue and publicize a report of the Commission on the 

10 progress made at Federal and State levels and on Indian 

11 lands in the reform of professional boxing, which shall in12 clude comments on issues of continuing concern to the 

13 Commission. 

14 SEC. 12. INITIAL IMPLEMENTATION. 

15 (a) TEMPORARY EXEMPTION.—The requirements for 

16 licensing under this Act do not apply to a person for the 

17 performance of an activity as a boxer, boxing judge, or 

18 referee, or the performance of any other professional activ19 ity in relation to a professional boxing match, if the person 

20 is licensed by a boxing commission to perform that activity 

21 as of the effective date of this Act. 

22 (b) EXPIRATION.—The exemption under subsection 

23 (a) with respect to a license issued by a boxing commission 

24 expires on the earlier of—

25 (1) the date on which the license expires; or 
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1 (2) the date that is 2 years after the date of the 

2 enactment of this Act. 

3 SEC. 13. SUNSET PROVISION. 

4 This Act shall cease to have effect 6 years after the 

5 date of enactment of this Act. 

6 SEC. 14. AUTHORIZATION OF APPROPRIATIONS. 

7 (a) IN GENERAL.—There are authorized to be appro8 priated for the Commission for each fiscal year such sums 

9 as may be necessary for the Commission to perform its 

10 functions for that fiscal year. 

11 (b) RECEIPTS CREDITED AS OFFSETTING COLLEC12 TIONS.—Notwithstanding section 3302 of title 31, United 

13 States Code, any fee collected under this Act—

14 (1) shall be credited as offsetting collections to 

15 the account that finances the activities and services 

16 for which the fee is imposed; 

17 (2) shall be available for expenditure only to 

18 pay the costs of activities and services for which the 

19 fee is imposed; and 

20 (3) shall remain available until expended.

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