15 U.S.C. § 6307c — Sanctioning organizations

Page 2235 TITLE 15—COMMERCE AND TRADE § 6307c pervising boxing commission shall report the re- sults of such boxing match and any related sus- pensions to each boxer registry. (Pub. L. 104–272, § 8, Oct. 9, 1996, 110 Stat. 3311.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective July 1, 1997, see section 23(2) of Pub. L. 104–272, set out as a note under section 6301 of this title. § 6307a. Contract requirements Within 2 years after May 26, 2000, the Associa- tion of Boxing Commissions (ABC) shall develop and shall approve by a vote of no less than a ma- jority of its member State boxing commis- sioners, guidelines for minimum contractual provisions that should be included in bout agree- ments 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.) Editorial Notes PRIOR PROVISIONS A prior section 9 of Pub. L. 104–272 was renumbered section 17 and is classified to section 6308 of this title. § 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 sub- paragraph (B) and is for a period greater than 12 months; or (ii) is a coercive provision described in sub- paragraph (B) and the other boxer under con- tract to the promoter came under that con- tract pursuant to a coercive provision de- scribed in subparagraph (B). (B) A coercive provision described in this sub- paragraph 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 participa- tion in a professional boxing match against an- other boxer who is under contract to the pro- moter. (2) This subsection shall only apply to con- tracts entered into after May 26, 2000. (3) No subsequent contract provision extend- ing any rights or compensation covered in para- graph (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 broad- cast medium. For the purpose of this subsection, any reference in subsection (a)(1)(B) to ‘‘pro- moter’’ shall be considered a reference to ‘‘com- mercial broadcaster’’. (Pub. L. 104–272, § 10, as added Pub. L. 106–210, § 4(2), May 26, 2000, 114 Stat. 322.) Editorial Notes PRIOR PROVISIONS A prior section 10 of Pub. L. 104–272 was renumbered section 18 and is classified to section 6309 of this title. § 6307c. Sanctioning organizations (a) Objective criteria Within 2 years after May 26, 2000, the Associa- tion of Boxing Commissions shall develop and shall approve by a vote of no less than a major- ity of its member State boxing commissioners, guidelines for objective and consistent written criteria for the ratings of professional boxers. It is the sense of the Congress that sanctioning bodies and State boxing commissions should fol- low these ABC guidelines. (b) Appeals process A sanctioning organization shall not be enti- tled to receive any compensation, directly or in- directly, in connection with a boxing match, until it provides the boxers with notice that the sanctioning organization shall, within 7 days after receiving a request from a boxer ques- tioning that organization’s rating of the boxer— (1) provide to the boxer a written expla- nation of the organization’s criteria, its rating of the boxer, and the rationale or basis for its rating (including a response to any specific questions submitted by the boxer); and (2) submit a copy of its explanation to the Association of Boxing Commissions. (c) Notification of change in rating A sanctioning organization shall not be enti- tled to receive any compensation, directly or in- directly, in connection with a boxing match, until, with respect to a change in the rating of a boxer previously rated by such organization in the top 10 boxers, the organization— (1) posts a copy, within 7 days of such change, on its Internet website or home page, if any, including an explanation of such change, for a period of not less than 30 days; and (2) provides a copy of the rating change and explanation to an association to which at least a majority of the State boxing commissions belong. (d) Public disclosure (1) Federal Trade Commission filing A sanctioning organization shall not be enti- tled to receive any compensation directly or Page 2236 TITLE 15—COMMERCE AND TRADE § 6307d indirectly in connection with a boxing match unless, not later than January 31 of each year, it submits to the Federal Trade Commission and to the ABC— (A) a complete description of the organiza- tion’s ratings criteria, policies, and general sanctioning fee schedule; (B) the bylaws of the organization; (C) the appeals procedure of the organiza- tion for a boxer’s rating; and (D) a list and business address of the orga- nization’s officials who vote on the ratings of boxers. (2) Format; updates A sanctioning organization shall— (A) provide the information required under paragraph (1) in writing, and, for any docu- ment greater than 2 pages in length, also in electronic form; and (B) promptly notify the Federal Trade Commission of any material change in the information submitted. (3) Federal Trade Commission to make infor- mation available to public The Federal Trade Commission shall make information received under this subsection available to the public. The Commission may assess sanctioning organizations a fee to offset the costs it incurs in processing the informa- tion and making it available to the public. (4) Internet alternative In lieu of submitting the information re- quired by paragraph (1) to the Federal Trade Commission, a sanctioning organization may provide the information to the public by main- taining a website on the Internet that— (A) is readily accessible by the general public using generally available search en- gines and does not require a password or payment of a fee for full access to all the in- formation; (B) contains all the information required to be submitted to the Federal Trade Com- mission by paragraph (1) in an easy to search and use format; and (C) is updated whenever there is a material change in the information. (Pub. L. 104–272, § 11, as added Pub. L. 106–210, § 4(2), May 26, 2000, 114 Stat. 323.) Editorial Notes PRIOR PROVISIONS A prior section 11 of Pub. L. 104–272 was renumbered section 19 and is classified to section 6310 of this title. § 6307d. Required disclosures to State boxing commissions by sanctioning organizations A sanctioning organization shall not be enti- tled to receive any compensation directly or in- directly in connection with a boxing match until it provides to the boxing commission re- sponsible for regulating the match in a State a statement of— (1) all charges, fees, and costs the organiza- tion 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 pro- moter, host of the event, and all other sources; and (3) such additional information as the com- mission may require. (Pub. L. 104–272, § 12, as added Pub. L. 106–210, § 4(2), May 26, 2000, 114 Stat. 324.) Editorial Notes PRIOR PROVISIONS A prior section 12 of Pub. L. 104–272 was renumbered section 20 and is classified to section 6311 of this title. § 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 con- nection with a boxing match until it provides to the boxing commission responsible for regu- lating 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 per- jury that there are no other agreements, writ- ten 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 pro- moter will receive, and training expenses; (B) all payments, gifts, or benefits the pro- moter is providing to any sanctioning organi- zation 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 con- nection with a boxing match until it provides to the boxer it promotes— (1) the amounts of any compensation or con- sideration 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.) Editorial Notes PRIOR PROVISIONS A prior section 13 of Pub. L. 104–272 was renumbered section 21 and is classified to section 6312 of this title.