dreamproit/uscode huggingface dataset:
15 U.S.C. § 6307a (COMMERCE AND TRADE)
§ 6307a. Contract requirements
Within 2 years after May 26, 2000, the Association of Boxing Commissions (ABC) shall develop and shall approve by a vote of no less than a majority of its member State boxing commissioners, guidelines for minimum contractual provisions that should be included in bout agreements and boxing contracts. It is the sense of the Congress that State boxing commissions should follow these ABC guidelines.
(Pub. L. 104–272, § 9, as added Pub. L. 106–210, § 4(2), May 26, 2000, 114 Stat. 322.)
heading: Prior Provisions
text: A prior section 9 of Pub. L. 104–272 was renumbered section 17 and is classified to section 6308 of this title.
15 U.S.C. § 6307b (COMMERCE AND TRADE)
§ 6307b. Protection from coercive contracts
(a) General rule
(1)
(A) A contract provision shall be considered to be in restraint of trade, contrary to public policy, and unenforceable against any boxer to the extent that it—
(i) is a coercive provision described in subparagraph (B) and is for a period greater than 12 months; or
(ii) is a coercive provision described in subparagraph (B) and the other boxer under contract to the promoter came under that contract pursuant to a coercive provision described in subparagraph (B).
(B) A coercive provision described in this subparagraph is a contract provision that grants any rights between a boxer and a promoter, or between promoters with respect to a boxer, if the boxer is required to grant such rights, or a boxer’s promoter is required to grant such rights with respect to a boxer to another promoter, as a condition precedent to the boxer’s participation in a professional boxing match against another boxer who is under contract to the promoter.
(2) This subsection shall only apply to contracts entered into after May 26, 2000.
(3) No subsequent contract provision extending any rights or compensation covered in paragraph (1) shall be enforceable against a boxer if the effective date of the contract containing such provision is earlier than 3 months before the expiration of the relevant time period set forth in paragraph (1).
(b) Promotional rights under mandatory bout contracts
No boxing service provider may require a boxer to grant any future promotional rights as a requirement of competing in a professional boxing match that is a mandatory bout under the rules of a sanctioning organization.
(c) Protection from coercive contracts with broadcasters
Subsection (a) of this section applies to any contract between a commercial broadcaster and a boxer, or granting any rights with respect to that boxer, involving a broadcast in or affecting interstate commerce, regardless of the broadcast medium. For the purpose of this subsection, any reference in subsection (a)(1)(B) of this section to “promoter” shall be considered a reference to “commercial broadcaster”.
(Pub. L. 104–272, § 10, as added Pub. L. 106–210, § 4(2), May 26, 2000, 114 Stat. 322.)
heading: Prior Provisions
text: A prior section 10 of Pub. L. 104–272 was renumbered section 18 and is classified to section 6309 of this title.
15 U.S.C. § 6307d (COMMERCE AND TRADE)
§ 6307d. Required disclosures to State boxing commissions by sanctioning organizations
A sanctioning organization shall not be entitled to receive any compensation directly or indirectly in connection with a boxing match until it provides to the boxing commission responsible for regulating the match in a State a statement of—
(1) all charges, fees, and costs the organization will assess any boxer participating in that match;
(2) all payments, benefits, complimentary benefits, and fees the organization will receive for its affiliation with the event, from the promoter, host of the event, and all other sources; and
(3) such additional information as the commission may require.
(Pub. L. 104–272, § 12, as added Pub. L. 106–210, § 4(2), May 26, 2000, 114 Stat. 324.)
heading: Prior Provisions
text: A prior section 12 of Pub. L. 104–272 was renumbered section 20 and is classified to section 6311 of this title.
15 U.S.C. § 6307e (COMMERCE AND TRADE)
§ 6307e. Required disclosures for promoters
(a) Disclosures to the boxing commissions
A promoter shall not be entitled to receive any compensation directly or indirectly in connection with a boxing match until it provides to the boxing commission responsible for regulating the match in a State a statement of—
(1) a copy of any agreement in writing to which the promoter is a party with any boxer participating in the match;
(2) a statement made under penalty of perjury that there are no other agreements, written or oral, between the promoter and the boxer with respect to that match; and
(3)
(A) all fees, charges, and expenses that will be assessed by or through the promoter on the boxer pertaining to the event, including any portion of the boxer’s purse that the promoter will receive, and training expenses;
(B) all payments, gifts, or benefits the promoter is providing to any sanctioning organization affiliated with the event; and
(C) any reduction in a boxer’s purse contrary to a previous agreement between the promoter and the boxer or a purse bid held for the event.
(b) Disclosures to the boxer
A promoter shall not be entitled to receive any compensation directly or indirectly in connection with a boxing match until it provides to the boxer it promotes—
(1) the amounts of any compensation or consideration that a promoter has contracted to receive from such match;
(2) all fees, charges, and expenses that will be assessed by or through the promoter on the boxer pertaining to the event, including any portion of the boxer’s purse that the promoter will receive, and training expenses; and
(3) any reduction in a boxer’s purse contrary to a previous agreement between the promoter and the boxer or a purse bid held for the event.
(c) Information to be available to State Attorney General
A promoter shall make information required to be disclosed under this section available to the chief law enforcement officer of the State in which the match is to be held upon request of such officer.
(Pub. L. 104–272, § 13, as added Pub. L. 106–210, § 4(2), May 26, 2000, 114 Stat. 324.)
heading: Prior Provisions
text: A prior section 13 of Pub. L. 104–272 was renumbered section 21 and is classified to section 6312 of this title.
15 U.S.C. § 6307f (COMMERCE AND TRADE)
§ 6307f. Required disclosures for judges and referees
A judge or referee shall not be entitled to receive any compensation, directly or indirectly, in connection with a boxing match until it provides to the boxing commission responsible for regulating the match in a State a statement of all consideration, including reimbursement for expenses, that will be received from any source for participation in the match.
(Pub. L. 104–272, § 14, as added Pub. L. 106–210, § 4(2), May 26, 2000, 114 Stat. 325.)
heading: Prior Provisions
text: A prior section 14 of Pub. L. 104–272 was renumbered section 22 and is classified to section 6313 of this title.
15 U.S.C. § 6307g (COMMERCE AND TRADE)
§ 6307g. Confidentiality
(a) In general
Neither a boxing commission or 1 an Attorney General may disclose to the public any matter furnished by a promoter under section 6307e of this title except to the extent required in a legal, administrative, or judicial proceeding.
(b) Effect of contrary State law
If a State law governing a boxing commission requires that information that would be furnished by a promoter under section 6307e of this title shall be made public, then a promoter is not required to file such information with such State if the promoter files such information with the ABC.
(Pub. L. 104–272, § 15, as added Pub. L. 106–210, § 4(2), May 26, 2000, 114 Stat. 325.)
heading: Prior Provisions
text: A prior section 15 of Pub. L. 104–272 was renumbered section 23 and is set out as a note under section 6301 of this title.
15 U.S.C. § 6307h (COMMERCE AND TRADE)
§ 6307h. Judges and referees
No person may arrange, promote, organize, produce, or fight in a professional boxing match unless all referees and judges participating in the match have been certified and approved by the boxing commission responsible for regulating the match in the State where the match is held.
(Pub. L. 104–272, § 16, as added Pub. L. 106–210, § 4(2), May 26, 2000, 114 Stat. 325.)
15 U.S.C. § 6308 (COMMERCE AND TRADE)
§ 6308. Conflicts of interest
(a) Regulatory personnel
No member or employee of a boxing commission, no person who administers or enforces State boxing laws, and no member of the Association of Boxing Commissions may belong to, contract with, or receive any compensation from, any person who sanctions, arranges, or promotes professional boxing matches or who otherwise has a financial interest in an active boxer currently registered with a boxer registry. For purposes of this section, the term “compensation” does not include funds held in escrow for payment to another person in connection with a professional boxing match. The prohibition set forth in this section shall not apply to any contract entered into, or any reasonable compensation received, by a boxing commission to supervise a professional boxing match in another State as described in section 6303 of this title.
(b) Firewall between promoters and managers
(1) In general
It is unlawful for—
(A) a promoter to have a direct or indirect financial interest in the management of a boxer; or
(B) a manager—
(i) to have a direct or indirect financial interest in the promotion of a boxer; or
(ii) to be employed by or receive compensation or other benefits from a promoter, except for amounts received as consideration under the manager’s contract with the boxer.
(2) Exceptions
Paragraph (1)—
(A) does not prohibit a boxer from acting as his own promoter or manager; and
(B) only applies to boxers participating in a boxing match of 10 rounds or more.
(c) Sanctioning organizations
(1) Prohibition on receipts
Except as provided in paragraph (2), no officer or employee of a sanctioning organization may receive any compensation, gift, or benefit, directly or indirectly, from a promoter, boxer, or manager.
(2) Exceptions
Paragraph (1) does not apply to—
(A) the receipt of payment by a promoter, boxer, or manager of a sanctioning organization’s published fee for sanctioning a professional boxing match or reasonable expenses in connection therewith if the payment is reported to the responsible boxing commission; or
(B) the receipt of a gift or benefit of de minimis value.
(Pub. L. 104–272, § 17, formerly § 9, Oct. 9, 1996, 110 Stat. 3311; renumbered § 17 and amended Pub. L. 106–210, §§ 4(1), 5, May 26, 2000, 114 Stat. 322, 325.)
heading: Amendments
text: 2000—Pub. L. 106–210, § 5, designated existing provisions as subsec. (a), inserted subsec. heading, and added subsecs. (b) and (c).
15 U.S.C. § 6310 (COMMERCE AND TRADE)
§ 6310. Notification of supervising boxing commission
Each promoter who intends to hold a professional boxing match in a State that does not have a boxing commission shall, not later than 14 days before the intended date of that match, provide written notification to the supervising boxing commission designated under section 6303 of this title. Such notification shall contain each of the following:
(1) Assurances that, with respect to that professional boxing match, all applicable requirements of this chapter will be met.
(2) The name of any person who, at the time of the submission of the notification—
(A) is under suspension from a boxing commission; and
(B) will be involved in organizing or participating in the event.
(3) For any individual listed under paragraph (2), the identity of the boxing commission that issued the suspension described in paragraph (2)(A).
(Pub. L. 104–272, § 19, formerly § 11, Oct. 9, 1996, 110 Stat. 3312; renumbered § 19, Pub. L. 106–210, § 4(1), May 26, 2000, 114 Stat. 322.)
15 U.S.C. § 6311 (COMMERCE AND TRADE)
§ 6311. Studies
(a) Pension
The Secretary of Labor shall conduct a study on the feasibility and cost of a national pension system for boxers, including potential funding sources.
(b) Health, safety, and equipment
The Secretary of Health and Human Services shall conduct a study to develop recommendations for health, safety, and equipment standards for boxers and for professional boxing matches.
(c) Reports
Not later than one year after October 9, 1996, the Secretary of Labor shall submit a report to the Congress on the findings of the study conducted pursuant to subsection (a) of this section. Not later than 180 days after October 9, 1996, the Secretary of Health and Human Services shall submit a report to the Congress on the findings of the study conducted pursuant to subsection (b) of this section.
(Pub. L. 104–272, § 20, formerly § 12, Oct. 9, 1996, 110 Stat. 3313; renumbered § 20, Pub. L. 106–210, § 4(1), May 26, 2000, 114 Stat. 322.)
15 U.S.C. § 6312 (COMMERCE AND TRADE)
§ 6312. Professional boxing matches conducted on Indian reservations
(a) Definitions
For purposes of this section, the following definitions shall apply:
(1) Indian tribe
The term “Indian tribe” has the same meaning as in section 450b(e) of title 25.
(2) Reservation
The term “reservation” means the geographically defined area over which a tribal organization exercises governmental jurisdiction.
(3) Tribal organization
The term “tribal organization” has the same meaning as in section 450b(l) of title 25.
(b) Requirements
(1) In general
Notwithstanding any other provision of law, a tribal organization of an Indian tribe may, upon the initiative of the tribal organization—
(A) regulate professional boxing matches held within the reservation under the jurisdiction of that tribal organization; and
(B) carry out that regulation or enter into a contract with a boxing commission to carry out that regulation.
(2) Standards and licensing
If a tribal organization regulates professional boxing matches pursuant to paragraph (1), the tribal organization shall, by tribal ordinance or resolution, establish and provide for the implementation of health and safety standards, licensing requirements, and other requirements relating to the conduct of professional boxing matches that are at least as restrictive as—
(A) the otherwise applicable standards and requirements of a State in which the reservation is located; or
(B) the most recently published version of the recommended regulatory guidelines certified and published by the Association of Boxing Commissions.
(Pub. L. 104–272, § 21, formerly § 13, Oct. 9, 1996, 110 Stat. 3313; renumbered § 21, Pub. L. 106–210, § 4(1), May 26, 2000, 114 Stat. 322.)
15 U.S.C. § 6313 (COMMERCE AND TRADE)
§ 6313. Relationship with State law
Nothing in this chapter shall prohibit a State from adopting or enforcing supplemental or more stringent laws or regulations not inconsistent with this chapter, or criminal, civil, or administrative fines for violations of such laws or regulations.
(Pub. L. 104–272, § 22, formerly § 14, Oct. 9, 1996, 110 Stat. 3313; renumbered § 22, Pub. L. 106–210, § 4(1), May 26, 2000, 114 Stat. 322.)
15 U.S.C. § 6401 (COMMERCE AND TRADE)
§ 6401. Findings
The Congress finds that—
(1) propane gas, or liquefied petroleum gas, is an essential energy commodity providing heat, hot water, cooking fuel, and motor fuel among its many uses to millions of Americans;
(2) the use of propane is especially important to rural citizens and farmers, offering an efficient and economical source of gas energy;
(3) propane has been recognized as a clean fuel and can contribute in many ways to reducing the pollution in our cities and towns; and
(4) propane is primarily domestically produced and its use provides energy security and jobs for Americans.
(Pub. L. 104–284, § 2, Oct. 11, 1996, 110 Stat. 3370.)
heading: Short Title
text: Pub. L. 104–284, § 1, Oct. 11, 1996, 110 Stat. 3370, provided that: “This Act [enacting this chapter] may be cited as the ‘Propane Education and Research Act of 1996’.”
15 U.S.C. § 6402 (COMMERCE AND TRADE)
§ 6402. Definitions
For the purposes of this chapter—
(1) the term “Council” means a Propane Education and Research Council created pursuant to section 6403 of this title;
(2) the term “industry” means those persons involved in the production, transportation, and sale of propane, and in the manufacture and distribution of propane utilization equipment, in the United States;
(3) the term “industry trade association” means an organization exempt from tax, under section 501(c)(3) or (6) of title 26, representing the propane industry;
(4) the term “odorized propane” means propane which has had odorant added to it;
(5) the term “producer” means the owner of propane at the time it is recovered at a gas processing plant or refinery;
(6) the term “propane” means a hydrocarbon whose chemical composition is predominantly C3H8, whether recovered from natural gas or crude oil, and includes liquefied petroleum gases and mixtures thereof;
(7) the term “public member” means a member of the Council, other than a representative of producers or retail marketers, representing significant users of propane, public safety officials, academia, the propane research community, or other groups knowledgeable about propane;
(8) the term “qualified industry organization” means the National Propane Gas Association, the Gas Processors Association, a successor association of such associations, or a group of retail marketers or producers who collectively represent at least 25 percent of the volume of propane sold or produced in the United States;
(9) the term “retail marketer” means a person engaged primarily in the sale of odorized propane to the ultimate consumer or to retail propane dispensers;
(10) the term “retail propane dispenser” means a person who sells odorized propane to the ultimate consumer but is not engaged primarily in the business of such sales; and
(11) the term “Secretary” means the Secretary of Energy.
(Pub. L. 104–284, § 3, Oct. 11, 1996, 110 Stat. 3370.)
15 U.S.C. § 6403 (COMMERCE AND TRADE)
§ 6403. Referenda
(a) Creation of program
The qualified industry organizations may conduct, at their own expense, a referendum among producers and retail marketers for the creation of a Propane Education and Research Council. The Council, if established, shall reimburse the qualified industry organizations for the cost of the referendum accounting and documentation. Such referendum shall be conducted by an independent auditing firm agreed to by the qualified industry organizations. Voting rights in such referendum shall be based on the volume of propane produced or odorized propane sold in the previous calendar year or other representative period. Upon approval of those persons representing two-thirds of the total volume of propane voted in the retail marketer class and two-thirds of all propane voted in the producer class, the Council shall be established, and shall be authorized to levy an assessment on odorized propane in accordance with section 6405 of this title. All persons voting in the referendum shall certify to the independent auditing firm the volume of propane represented by their vote.
(b) Termination
On the Council’s own initiative, or on petition to the Council by producers and retail marketers representing 35 percent of the volume of propane in each class, the Council shall, at its own expense, hold a referendum, to be conducted by an independent auditing firm selected by the Council, to determine whether the industry favors termination or suspension of the Council. Termination or suspension shall not take effect unless it is approved by persons representing more than one-half of the total volume of odorized propane in the retail marketer class and more than one-half of the total volume of propane in the producer class, or is approved by persons representing more than two-thirds of the total volume of propane in either such class.
(Pub. L. 104–284, § 4, Oct. 11, 1996, 110 Stat. 3371.)
15 U.S.C. § 6405 (COMMERCE AND TRADE)
§ 6405. Assessments
(a) Amount
The Council shall set the initial assessment at no greater than one tenth of 1 cent per gallon of odorized propane. Thereafter, annual assessments shall be sufficient to cover the costs of the plans and programs developed by the Council. The assessment shall not be greater than one-half cent per gallon of odorized propane, unless approved by a majority of those voting in a referendum in both the producer and the retail marketer class. In no case may the assessment be raised by more than one tenth of 1 cent per gallon of odorized propane annually.
(b) Ownership
The owner of odorized propane at the time of odorization, or the time of import of odorized propane, shall make the assessment based on the volume of odorized propane sold and placed into commerce. Assessments collected are payable to the Council on a monthly basis by the 25th of the month following the month of such collection. Propane exported from the United States to another country is not subject to the assessment.
(c) Alternative collection rules
The Council may establish an alternative means of collecting the assessment if another means is found to be more efficient and effective. The Council may establish a late payment charge and rate of interest to be imposed on any person who fails to remit or pay to the Council any amount due under this chapter.
(d) Investment of funds
Pending disbursement pursuant to a program, plan, or project, the Council may invest funds collected through assessments, and any other funds received by the Council, only in obligations of the United States or any agency thereof, in general obligations of any State or any political subdivision thereof, in any interest-bearing account or certificate of deposit of a bank that is a member of the Federal Reserve System, or in obligations fully guaranteed as to principal and interest by the United States.
(e) State programs
The Council shall establish a program coordinating the operation of the Council with those of any State propane education and research council created by State law or regulation, or similar entity. Such coordination shall include a joint or coordinated assessment collection process, a reduced assessment, or an assessment rebate. A reduced assessment or rebate shall be 20 percent of the regular assessment collected in that State under this section. Assessment rebates shall be paid only to—
(1) a State propane education and research council created by State law or regulation that meets requirements established by the Council for specific programs approved by the Council; or
(2) a similar entity, such as a foundation established by the retail propane gas industry in that State, that meets requirements established by the Council for specific programs approved by the Council.
(Pub. L. 104–284, § 6, Oct. 11, 1996, 110 Stat. 3374.)
15 U.S.C. § 6406 (COMMERCE AND TRADE)
§ 6406. Compliance
The Council may bring suit in Federal court to compel compliance with an assessment levied by the Council under this chapter. A successful action for compliance under this section may also require payment by the defendant of the costs incurred by the Council in bringing such action.
(Pub. L. 104–284, § 7, Oct. 11, 1996, 110 Stat. 3374.)
15 U.S.C. § 6407 (COMMERCE AND TRADE)
§ 6407. Lobbying restrictions
No funds collected by the Council shall be used in any manner for influencing legislation or elections, except that the Council may recommend to the Secretary changes in this chapter or other statutes that would further the purposes of this chapter.
(Pub. L. 104–284, § 8, Oct. 11, 1996, 110 Stat. 3375.)