[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4167 Received in Senate (RDS)]

  2d Session
                                H. R. 4167


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 26, 1996

                                Received

_______________________________________________________________________

                                 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.

            Passed the House of Representatives September 25, 1996.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.

                              By Jeff Trandahl,

                                                Assistant to the Clerk.