[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4167 Enrolled Bill (ENR)]
H.R.4167
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
To provide for the safety of journeymen boxers, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Professional Boxing Safety Act of
1996''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Boxer.--The term ``boxer'' means an individual who fights
in a professional boxing match.
(2) Boxing commission.--(A) The term ``boxing commission''
means an entity authorized under State law to regulate professional
boxing matches.
(3) Boxer registry.--The term ``boxer registry'' means any
entity certified by the Association of Boxing Commissions for the
purposes of maintaining records and identification of boxers.
(4) Licensee.--The term ``licensee'' means an individual who
serves as a trainer, second, or cut man for a boxer.
(5) Manager.--The term ``manager'' means a person who receives
compensation for service as an agent or representative of a boxer.
(6) Matchmaker.--The term ``matchmaker'' means a person that
proposes, selects, and arranges the boxers to participate in a
professional boxing match.
(7) Physician.--The term ``physician'' means a doctor of
medicine legally authorized to practice medicine by the State in
which the physician performs such function or action.
(8) Professional boxing match.--The term ``professional boxing
match'' means a boxing contest held in the United States between
individuals for financial compensation. Such term does not include
a boxing contest that is regulated by an amateur sports
organization.
(9) Promoter.--The term ``promoter'' means the person primarily
responsible for organizing, promoting, and producing a professional
boxing match.
(10) State.--The term ``State'' means each of the 50 States,
Puerto Rico, the District of Columbia, and any territory or
possession of the United States.
SEC. 3. PURPOSES.
The purposes of this Act 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.
SEC. 4. BOXING MATCHES IN STATES WITHOUT BOXING COMMISSIONS.
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.
SEC. 5. 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 the enactment of this
Act, 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.
SEC. 6. 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),
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 2 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.
SEC. 7. 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), 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; or
(D) the use of false aliases, or falsifying, or attempting
to falsify, official identification cards or documents.
(3) Procedures to review a suspension where appealed by a
boxer, 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) 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 Act.
SEC. 8. 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.
SEC. 9. CONFLICTS OF INTEREST.
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 4.
SEC. 10. ENFORCEMENT.
(a) Injunctions.--Whenever the Attorney General of the United
States has reasonable cause to believe that a person is engaged in a
violation of this Act, the Attorney General may bring a civil action in
the appropriate district court of the United States requesting such
relief, including a permanent or temporary injunction, restraining
order, or other order, against the person, as the Attorney General
determines to be necessary to restrain the person from continuing to
engage in, sanction, promote, or otherwise participate in a
professional boxing match in violation of this Act.
(b) Criminal Penalties.--
(1) Managers, promoters, matchmakers, and licensees.--Any
manager, promoter, matchmaker, and licensee who knowingly violates,
or coerces or causes any other person to violate, any provision of
this Act shall, upon conviction, be imprisoned for not more than 1
year or fined not more than $20,000, or both.
(2) Conflict of interest.--Any member or employee of a boxing
commission, any person who administers or enforces State boxing
laws, and any member of the Association of Boxing Commissions who
knowingly violates section 9 of this Act shall, upon conviction, be
imprisoned for not more than 1 year or fined not more than $20,000,
or both.
(3) Boxers.--Any boxer who knowingly violates any provision of
this Act shall, upon conviction, be fined not more than $1,000.
SEC. 11. 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 4. Such notification shall contain each of the following:
(1) Assurances that, with respect to that professional boxing
match, all applicable requirements of this Act 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).
SEC. 12. 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 the date of enactment
of this Act, the Secretary of Labor shall submit a report to the
Congress on the findings of the study conducted pursuant to subsection
(a). Not later than 180 days after the date of enactment of this Act,
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).
SEC. 13. 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 4(e) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(e)).
(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 4(l) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(l)).
(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.
SEC. 14. RELATIONSHIP WITH STATE LAW.
Nothing in this Act shall prohibit a State from adopting or
enforcing supplemental or more stringent laws or regulations not
inconsistent with this Act, or criminal, civil, or administrative fines
for violations of such laws or regulations.
SEC. 15. EFFECTIVE DATE.
The provisions of this Act shall take effect on January 1, 1997,
except as follows:
(1) Section 9 shall not apply to an otherwise authorized boxing
commission in the Commonwealth of Virginia until July 1, 1998.
(2) Sections 5 through 9 shall take effect on July 1, 1997.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.