[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4167 Introduced in House (IH)]
104th CONGRESS
2d Session
H. R. 4167
To provide for the safety of journeymen boxers, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 25, 1996
Mr. Williams (for himself, Mr. Oxley, and Mr. Manton) introduced the
following bill; which was referred to the Committee on Economic and
Educational Opportunities and in addition to the Committee on Commerce
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 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.
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