dreamproit/uscode huggingface dataset:
15 U.S.C. § 6202 (COMMERCE AND TRADE)
§ 6202. Investigations to assist foreign antitrust authority in obtaining antitrust evidence
(a) Request for investigative assistance
A request by a foreign antitrust authority for investigative assistance under this section shall be made to the Attorney General, who may deny the request in whole or in part. No further action shall be taken under this section with respect to any part of a request that has been denied by the Attorney General.
(b) Authority to investigate
In accordance with an antitrust mutual assistance agreement in effect under this chapter, subject to section 6207 of this title, and except as provided in section 6204 of this title, the Attorney General and the Commission may, using their respective authority to investigate possible violations of the Federal antitrust laws, conduct investigations to obtain antitrust evidence relating to a possible violation of the foreign antitrust laws administered or enforced by the foreign antitrust authority with respect to which such agreement is in effect under this chapter, and may provide such antitrust evidence to the foreign antitrust authority, to assist the foreign antitrust authority—
(1) in determining whether a person has violated or is about to violate any of such foreign antitrust laws, or
(2) in enforcing any of such foreign antitrust laws.
(c) Special scope of authority
An investigation may be conducted under subsection (b) of this section, and antitrust evidence obtained through such investigation may be provided, without regard to whether the conduct investigated violates any of the Federal antitrust laws.
(d) Rights and privileges preserved
A person may not be compelled in connection with an investigation under this section to give testimony or a statement, or to produce a document or other thing, in violation of any legally applicable right or privilege.
(Pub. L. 103–438, § 3, Nov. 2, 1994, 108 Stat. 4597.)
heading: Codification
text: Section is comprised of section 3 of Pub. L. 103–438. Subsec. (e) of section 3 of Pub. L. 103–438 amended sections 46, 57b–1, 1311, and 1312 of this title.
15 U.S.C. § 6203 (COMMERCE AND TRADE)
§ 6203. Jurisdiction of district courts of United States
(a) Authority of district courts
On the application of the Attorney General made in accordance with an antitrust mutual assistance agreement in effect under this chapter, the United States district court for the district in which a person resides, is found, or transacts business may order such person to give testimony or a statement, or to produce a document or other thing, to the Attorney General to assist a foreign antitrust authority with respect to which such agreement is in effect under this chapter—
(1) in determining whether a person has violated or is about to violate any of the foreign antitrust laws administered or enforced by the foreign antitrust authority, or
(2) in enforcing any of such foreign antitrust laws.
(b) Contents of order
(1) Use of appointee to receive evidence
(A) An order issued under subsection (a) of this section may direct that testimony or a statement be given, or a document or other thing be produced, to a person who shall be recommended by the Attorney General and appointed by the court.
(B) A person appointed under subparagraph (A) shall have power to administer any necessary oath and to take such testimony or such statement.
(2) Practice and procedure
(A) An order issued under subsection (a) of this section may prescribe the practice and procedure for taking testimony and statements and for producing documents and other things.
(B) Such practice and procedure may be in whole or in part the practice and procedure of the foreign state, or the regional economic integration organization, represented by the foreign antitrust authority with respect to which the Attorney General requests such order.
(C) To the extent such order does not prescribe otherwise, any testimony and statements required to be taken shall be taken, and any documents and other things required to be produced shall be produced, in accordance with the Federal Rules of Civil Procedure.
(c) Rights and privileges preserved
A person may not be compelled under an order issued under subsection (a) of this section to give testimony or a statement, or to produce a document or other thing, in violation of any legally applicable right or privilege.
(d) Voluntary conduct
This section does not preclude a person in the United States from voluntarily giving testimony or a statement, or producing a document or other thing, in any manner acceptable to such person for use in an investigation by a foreign antitrust authority.
(Pub. L. 103–438, § 4, Nov. 2, 1994, 108 Stat. 4599.)
heading: References in Text
text: The Federal Rules of Civil Procedure, referred to in subsec. (b)(2)(C), are classified to Title 28, Appendix, Judiciary and Judicial Procedure.
15 U.S.C. § 6204 (COMMERCE AND TRADE)
§ 6204. Limitations on authority
Sections 6201, 6202, and 6203 of this title shall not apply with respect to the following antitrust evidence:
(1) Antitrust evidence that is received by the Attorney General or the Commission under section 18a of this title. Nothing in this paragraph shall affect the ability of the Attorney General or the Commission to disclose to a foreign antitrust authority antitrust evidence that is obtained otherwise than under section 18a of this title.
(2) Antitrust evidence that is matter occurring before a grand jury and with respect to which disclosure is prevented by Federal law, except that for the purpose of applying Rule 6(e)(3)(C)(iv) of the Federal Rules of Criminal Procedure with respect to this section—
(A) a foreign antitrust authority with respect to which a particularized need for such antitrust evidence is shown shall be considered to be an appropriate official of any of the several States, and
(B) a foreign antitrust law administered or enforced by the foreign antitrust authority shall be considered to be a State criminal law.
(3) Antitrust evidence that is specifically authorized under criteria established by Executive Order 12356, or any successor to such order, to be kept secret in the interest of national defense or foreign policy, and—
(A) that is classified pursuant to such order or such successor, or
(B) with respect to which a determination of classification is pending under such order or such successor.
(4) Antitrust evidence that is classified under section 2162 of title 42.
(Pub. L. 103–438, § 5, Nov. 2, 1994, 108 Stat. 4599.)
heading: References in Text
text: Rule 6(e)(3)(C)(iv) of the Federal Rules of Criminal Procedure, referred to in par. (2), is set out in the Appendix to Title 18, Crimes and Criminal Procedure.
Executive Order 12356, referred to in par. (3), is Ex. Ord. No. 12356, Apr. 2, 1982, 47 F.R. 14874, 15557, which was formerly set out as a note under section 435 of Title 50, War and National Defense, was revoked by Ex. Ord. No. 12958, § 6.1(d), Apr. 17, 1995, 60 F.R. 19843, prior to section 435 of Title 50 being reclassified and renumbered as section 3161 of Title 50.
15 U.S.C. § 6205 (COMMERCE AND TRADE)
§ 6205. Exception to certain disclosure restrictions
Section 1313 of this title, and sections 46(f) and 57b–2 of this title, shall not apply to prevent the Attorney General or the Commission from providing to a foreign antitrust authority antitrust evidence in accordance with an antitrust mutual assistance agreement in effect under this chapter and in accordance with the other requirements of this chapter.
(Pub. L. 103–438, § 6, Nov. 2, 1994, 108 Stat. 4600.)
15 U.S.C. § 6206 (COMMERCE AND TRADE)
§ 6206. Publication requirements applicable to antitrust mutual assistance agreements
(a) Publication of proposed antitrust mutual assistance agreements
Not less than 45 days before an antitrust mutual assistance agreement is entered into, the Attorney General, with the concurrence of the Commission, shall publish in the Federal Register—
(1) the proposed text of such agreement and any modification to such proposed text, and
(2) a request for public comment with respect to such text or such modification, as the case may be.
(b) Publication of proposed amendments to antitrust mutual assistance agreements in effect
Not less than 45 days before an agreement is entered into that makes an amendment to an antitrust mutual assistance agreement, the Attorney General, with the concurrence of the Commission, shall publish in the Federal Register—
(1) the proposed text of such amendment, and
(2) a request for public comment with respect to such amendment.
(c) Publication of antitrust mutual assistance agreements, amendments, and terminations
Not later than 45 days after an antitrust mutual assistance agreement is entered into or terminated, or an agreement that makes an amendment to an antitrust mutual assistance agreement is entered into, the Attorney General, with the concurrence of the Commission, shall publish in the Federal Register—
(1) the text of the antitrust mutual assistance agreement or amendment, or the terms of the termination, as the case may be, and
(2) in the case of an agreement that makes an amendment to an antitrust mutual assistance agreement, a notice containing—
(A) citations to the locations in the Federal Register at which the text of the antitrust mutual assistance agreement that is so amended, and of any previous amendments to such agreement, are published, and
(B) a description of the manner in which a copy of the antitrust mutual assistance agreement, as so amended, may be obtained from the Attorney General and the Commission.
(d) Condition for validity
An antitrust mutual assistance agreement, or an agreement that makes an amendment to an antitrust mutual assistance agreement, with respect to which publication does not occur in accordance with subsections (a), (b), and (c) of this section shall not be considered to be in effect under this chapter.
(Pub. L. 103–438, § 7, Nov. 2, 1994, 108 Stat. 4600.)
15 U.S.C. § 6207 (COMMERCE AND TRADE)
§ 6207. Conditions on use of antitrust mutual assistance agreements
(a) Determinations
Neither the Attorney General nor the Commission may conduct an investigation under section 6202 of this title, apply for an order under section 6203 of this title, or provide antitrust evidence to a foreign antitrust authority under an antitrust mutual assistance agreement, unless the Attorney General or the Commission, as the case may be, determines in the particular instance in which the investigation, application, or antitrust evidence is requested that—
(1) the foreign antitrust authority—
(A) will satisfy the assurances, terms, and conditions described in subparagraphs (A), (B), and (E) of section 6211(2) of this title, and
(B) is capable of complying with and will comply with the confidentiality requirements applicable under such agreement to the requested antitrust evidence,
(2) providing the requested antitrust evidence will not violate section 6204 of this title, and
(3) conducting such investigation, applying for such order, or providing the requested antitrust evidence, as the case may be, is consistent with the public interest of the United States, taking into consideration, among other factors, whether the foreign state or regional economic integration organization represented by the foreign antitrust authority holds any proprietary interest that could benefit or otherwise be affected by such investigation, by the granting of such order, or by the provision of such antitrust evidence.
(b) Limitation on disclosure of certain antitrust evidence
Neither the Attorney General nor the Commission may disclose in violation of an antitrust mutual assistance agreement any antitrust evidence received under such agreement, except that such agreement may not prevent the disclosure of such antitrust evidence to a defendant in an action or proceeding brought by the Attorney General or the Commission for a violation of any of the Federal laws if such disclosure would otherwise be required by Federal law.
(c) Required disclosure of notice received
If the Attorney General or the Commission receives a notice described in section 6211(2)(H) of this title, the Attorney General or the Commission, as the case may be, shall transmit such notice to the person that provided the evidence with respect to which such notice is received.
(Pub. L. 103–438, § 8, Nov. 2, 1994, 108 Stat. 4601.)
15 U.S.C. § 6208 (COMMERCE AND TRADE)
§ 6208. Limitations on judicial review
(a) Determinations
Determinations made under paragraphs (1) and (3) of section 6207(a) of this title shall not be subject to judicial review.
(b) Citations to and descriptions of confidentiality laws
Whether an antitrust mutual assistance agreement satisfies section 6211(2)(C) of this title shall not be subject to judicial review.
(c) Rules of construction
(1) Administrative Procedure Act
The requirements in section 6206 of this title with respect to publication and request for public comment shall not be construed to create any availability of judicial review under chapter 7 of title 5.
(2) Laws referenced in section 6204 of this title
Nothing in this section shall be construed to affect the availability of judicial review under laws referred to in section 6204 of this title.
(Pub. L. 103–438, § 9, Nov. 2, 1994, 108 Stat. 4602.)
15 U.S.C. § 6209 (COMMERCE AND TRADE)
§ 6209. Preservation of existing authority
(a) In general
The authority provided by this chapter is in addition to, and not in lieu of, any other authority vested in the Attorney General, the Commission, or any other officer of the United States.
(b) Attorney General and Commission
This chapter shall not be construed to modify or affect the allocation of responsibility between the Attorney General and the Commission for the enforcement of the Federal antitrust laws.
(Pub. L. 103–438, § 10, Nov. 2, 1994, 108 Stat. 4602.)
15 U.S.C. § 6210 (COMMERCE AND TRADE)
§ 6210. Report to Congress
In the 30-day period beginning 3 years after November 2, 1994, and with the concurrence of the Commission, the Attorney General shall submit, to the Speaker of the House of Representatives and the President pro tempore of the Senate, a report—
(1) describing how the operation of this chapter has affected the enforcement of the Federal antitrust laws,
(2) describing the extent to which foreign antitrust authorities have complied with the confidentiality requirements applicable under antitrust mutual assistance agreements in effect under this chapter,
(3) specifying separately the identities of the foreign states, regional economic integration organizations, and foreign antitrust authorities that have entered into such agreements and the identities of the foreign antitrust authorities with respect to which such foreign states and such organizations have entered into such agreements,
(4) specifying the identity of each foreign state, and each regional economic integration organization, that has in effect a law similar to this chapter,
(5) giving the approximate number of requests made by the Attorney General and the Commission under such agreements to foreign antitrust authorities for antitrust investigations and for antitrust evidence,
(6) giving the approximate number of requests made by foreign antitrust authorities under such agreements to the Attorney General and the Commission for investigations under section 6202 of this title, for orders under section 6203 of this title, and for antitrust evidence, and
(7) describing any significant problems or concerns of which the Attorney General is aware with respect to the operation of this chapter.
(Pub. L. 103–438, § 11, Nov. 2, 1994, 108 Stat. 4602.)
15 U.S.C. § 6212 (COMMERCE AND TRADE)
§ 6212. Authority to receive reimbursement
The Attorney General and the Commission are authorized to receive from a foreign antitrust authority, or from the foreign state or regional economic integration organization represented by such foreign antitrust authority, reimbursement for the costs incurred by the Attorney General or the Commission, respectively, in conducting an investigation under section 6202 of this title requested by such foreign antitrust authority, applying for an order under section 6203 of this title to assist such foreign antitrust authority, or providing antitrust evidence to such foreign antitrust authority under an antitrust mutual assistance agreement in effect under this chapter with respect to such foreign antitrust authority.
(Pub. L. 103–438, § 13, Nov. 2, 1994, 108 Stat. 4605.)
15 U.S.C. § 6302 (COMMERCE AND TRADE)
§ 6302. Purposes
The purposes of this chapter are—
(1) to improve and expand the system of safety precautions that protects the welfare of professional boxers; and
(2) to assist State boxing commissions to provide proper oversight for the professional boxing industry in the United States.
(Pub. L. 104–272, § 3, Oct. 9, 1996, 110 Stat. 3310.)
15 U.S.C. § 6303 (COMMERCE AND TRADE)
§ 6303. Boxing matches in States without boxing commissions
(a) No person may arrange, promote, organize, produce, or fight in a professional boxing match held in a State that does not have a boxing commission unless the match is supervised by a boxing commission from another State and subject to the most recent version of the recommended regulatory guidelines certified and published by the Association of Boxing Commissions as well as any additional relevant professional boxing regulations and requirements of such other State.
(b) For the purpose of this chapter, if no State commission is available to supervise a boxing match according to subsection (a) of this section, then—
(1) the match may not be held unless it is supervised by an association of boxing commissions to which at least a majority of the States belong; and
(2) any reporting or other requirement relating to a supervising commission allowed under this section shall be deemed to refer to the entity described in paragraph (1).
(Pub. L. 104–272, § 4, Oct. 9, 1996, 110 Stat. 3310; Pub. L. 106–210, § 7(e), May 26, 2000, 114 Stat. 328.)
heading: Amendments
text: 2000—Pub. L. 106–210 designated existing provisions as subsec. (a) and added subsec. (b).
15 U.S.C. § 6304 (COMMERCE AND TRADE)
§ 6304. Safety standards
No person may arrange, promote, organize, produce, or fight in a professional boxing match without meeting each of the following requirements or an alternative requirement in effect under regulations of a boxing commission that provides equivalent protection of the health and safety of boxers:
(1) A physical examination of each boxer by a physician certifying whether or not the boxer is physically fit to safely compete, copies of which must be provided to the boxing commission.
(2) Except as otherwise expressly provided under regulation of a boxing commission promulgated subsequent to October 9, 1996, an ambulance or medical personnel with appropriate resuscitation equipment continuously present on site.
(3) A physician continuously present at ringside.
(4) Health insurance for each boxer to provide medical coverage for any injuries sustained in the match.
(Pub. L. 104–272, § 5, Oct. 9, 1996, 110 Stat. 3310.)
15 U.S.C. § 6305 (COMMERCE AND TRADE)
§ 6305. Registration
(a) Requirements
Each boxer shall register with—
(1) the boxing commission of the State in which such boxer resides; or
(2) in the case of a boxer who is a resident of a foreign country, or a State in which there is no boxing commission, the boxing commission of any State that has such a commission.
(b) Identification card
(1) Issuance
A boxing commission shall issue to each professional boxer who registers in accordance with subsection (a) of this section, an identification card that contains each of the following:
(A) A recent photograph of the boxer.
(B) The social security number of the boxer (or, in the case of a foreign boxer, any similar citizen identification number or professional boxer number from the country of residence of the boxer).
(C) A personal identification number assigned to the boxer by a boxing registry.
(2) Renewal
Each professional boxer shall renew his or her identification card at least once every 4 years.
(3) Presentation
Each professional boxer shall present his or her identification card to the appropriate boxing commission not later than the time of the weigh-in for a professional boxing match.
(c) Health and safety disclosures
It is the sense of the Congress that a boxing commission should, upon issuing an identification card to a boxer under subsection (b)(1) of this section, make a health and safety disclosure to that boxer as that commission considers appropriate. The health and safety disclosure should include the health and safety risks associated with boxing, and, in particular, the risk and frequency of brain injury and the advisability that a boxer periodically undergo medical procedures designed to detect brain injury.
(Pub. L. 104–272, § 6, Oct. 9, 1996, 110 Stat. 3310; Pub. L. 106–210, § 7(c), (f), May 26, 2000, 114 Stat. 328.)
heading: Amendments
text: 2000—Subsec. (b)(2). Pub. L. 106–210, § 7(c), substituted “4 years” for “2 years”.
Subsec. (c). Pub. L. 106–210, § 7(f), added subsec. (c).
15 U.S.C. § 6306 (COMMERCE AND TRADE)
§ 6306. Review
(a) Procedures
Each boxing commission shall establish each of the following procedures:
(1) Procedures to evaluate the professional records and physician’s certification of each boxer participating in a professional boxing match in the State, and to deny authorization for a boxer to fight where appropriate.
(2) Procedures to ensure that, except as provided in subsection (b) of this section, no boxer is permitted to box while under suspension from any boxing commission due to—
(A) a recent knockout or series of consecutive losses;
(B) an injury, requirement for a medical procedure, or physician denial of certification;
(C) failure of a drug test;
(D) the use of false aliases, or falsifying, or attempting to falsify, official identification cards or documents; or
(E) unsportsmanlike conduct or other inappropriate behavior inconsistent with generally accepted methods of competition in a professional boxing match.
(3) Procedures to review a suspension where appealed by a boxer, licensee, manager, matchmaker, promoter, or other boxing service provider, including an opportunity for a boxer to present contradictory evidence.
(4) Procedures to revoke a suspension where a boxer—
(A) was suspended under subparagraph (A) or (B) of paragraph (2) of this subsection, and has furnished further proof of a sufficiently improved medical or physical condition; or
(B) furnishes proof under subparagraph (C) or (D) of paragraph (2) that a suspension was not, or is no longer, merited by the facts.
(b) Suspension in another State
A boxing commission may allow a boxer who is under suspension in any State to participate in a professional boxing match—
(1) for any reason other than those listed in subsection (a) of this section if such commission notifies in writing and consults with the designated official of the suspending State’s boxing commission prior to the grant of approval for such individual to participate in that professional boxing match; or
(2) if the boxer appeals to the Association of Boxing Commissions, and the Association of Boxing Commissions determines that the suspension of such boxer was without sufficient grounds, for an improper purpose, or not related to the health and safety of the boxer or the purposes of this chapter.
(Pub. L. 104–272, § 7, Oct. 9, 1996, 110 Stat. 3311; Pub. L. 106–210, § 7(b), (d), May 26, 2000, 114 Stat. 328.)
heading: Amendments
text: 2000—Subsec. (a)(2)(E). Pub. L. 106–210, § 7(b), added subpar. (E).
Subsec. (a)(3). Pub. L. 106–210, § 7(d), substituted “boxer, licensee, manager, matchmaker, promoter, or other boxing service provider” for “boxer” the first place appearing.
15 U.S.C. § 6307 (COMMERCE AND TRADE)
§ 6307. Reporting
Not later than 48 business hours after the conclusion of a professional boxing match, the supervising boxing commission shall report the results of such boxing match and any related suspensions to each boxer registry.
(Pub. L. 104–272, § 8, Oct. 9, 1996, 110 Stat. 3311.)