[Congressional Record Volume 141, Number 170 (Tuesday, October 31, 1995)]
[Senate]
[Pages S16429-S16430]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




[[Page S16429]]


                          AMENDMENTS SUBMITTED

                                 ______


                   THE PROFESSIONAL BOXING SAFETY ACT

                                 ______


                 McCAIN (AND OTHERS) AMENDMENT NO. 3039

  Mr. SMITH (for Mr. McCain, for himself, Mr. Bryan, and Mr. Roth) 
proposed an amendment to the bill (S. 187) to provide for the safety of 
journeymen boxers, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Professional Boxing Safety 
     Act of 1995''.

     SEC. 2. DEFINITIONS.

       For purposes of this Act, the following definitions shall 
     apply:
       (1) Boxer.--The term ``boxer'' means a person who 
     participates in a professional boxing match.
       (2) Licensee.--The term ``licensee'' means an individual 
     who serves as a trainer, second, or cut man for a 
     professional boxer.
       (3) Manager.--The term ``manager'' means a person or 
     business that helps arrange professional boxing matches for a 
     boxer, and that serves as an advisor or representative of a 
     boxer in a professional capacity.
       (4) Matchmaker.--The term ``matchmaker'' means a person or 
     business that proposes, selects, and arranges the boxers to 
     participate in a professional boxing match.
       (5) Professional boxing match.--The term ``professional 
     boxing match''--
       (A) means a boxing contest held in the United States 
     between individuals for compensation or a prize; and
       (B) does not include any amateur boxing match.
       (6) Promoter.--The term ``promoter'' means a person or 
     business that organizes, holds, advertises, or otherwise 
     conducts a professional boxing match.
       (7) State boxing commission.--The term ``State boxing 
     commission'' means a State agency with authority to regulate 
     professional boxing.

     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. PROFESSIONAL BOXING MATCHES.

       (a) In General.--
       (1) Requirements.--Subject to subsection (b), a 
     professional boxing match may be held in the United States 
     only if--
       (A)(i) the State in which the professional boxing match is 
     to be held has a State boxing commission;
       (ii) the State has entered into a contract with a private 
     organization to carry out the duties of a State boxing 
     commission in accordance with the applicable requirements of 
     this Act; or
       (iii) the promoter who seeks to put on a professional 
     boxing match in a State that does not have a boxing 
     commission has entered into an agreement with the chief 
     administrative officer of a State that has a boxing 
     commission to oversee the boxing match;
       (B) a licensed practicing physician, whose services are 
     paid by the promoter, is continuously present at the ringside 
     of the professional boxing match;
       (C) the promoter has, in accordance with this subsection, 
     provided--
       (i) for a physical examination of each boxer who 
     participates in the professional boxing match by a licensed 
     practicing physician, to ensure that each such boxer is 
     physically fit to compete in the boxing match; and
       (ii)(I) for an ambulance to be continuously present at the 
     site of the boxing match; or
       (II) if applicable, notice in accordance with paragraph 
     (2); and
       (D) the State boxing commission has established procedures 
     to carry out sections 5 through 8.
       (2) Ambulance service.--
       (A) In general.--In any case in which an applicable State 
     law does not require that an ambulance be continuously 
     present in the immediate vicinity of a professional boxing 
     match, if the promoter for that boxing match does not choose 
     to provide for such an ambulance, the promoter shall, not 
     later than 24 hours before that boxing match, notify the 
     nearest available ambulance service (including any 
     appropriate emergency medical service) of that boxing match.
       (B) Costs.--The promoter for a professional boxing match 
     shall pay the cost of any ambulance service provided in 
     conjunction with the conduct of that boxing match.
       (b) Requirements for Privatization.--
       (1) Monitoring and evaluation.--If a State enters into a 
     contract with a private organization to carry out the duties 
     of a State boxing commission specified in this Act, the State 
     shall provide for--
       (A) continual monitoring of the activities of the private 
     organization that are the subject of the contract; and
       (B) regular evaluations by the State of the activities 
     referred to in subparagraph (A).
       (2) Cancellation of professional boxing matches.--If a 
     State enters into a contract with a private organization 
     under paragraph (1), notwithstanding that contract, the chief 
     administrative officer of that State may cancel a 
     professional boxing match without consulting the private 
     organization if that chief administrative officer determines 
     that--
       (A) the private organization is not performing the 
     obligations of that organization that are specified in the 
     contract in a manner that is satisfactory to the chief 
     administrative officer; or
       (B) the cancellation of the professional boxing match is 
     necessary to protect public health, safety, or welfare.

     SEC. 5. REGISTRATION.

       (a) Requirements.--Each professional boxer shall register 
     with--
       (1) the State boxing commission of the State in which such 
     boxer resides (or if the State has in effect a contract with 
     a private organization described in section 4(b), that 
     private organization); or
       (2) in the case of a boxer who is a resident of a foreign 
     country, or a State in which there is no State boxing 
     commission and in which no private organization is carrying 
     out the duties of a State boxing commission pursuant to a 
     contract described in section 4(b), the State boxing 
     commission of any State that has such a commission or a 
     private organization that carries out a contract described in 
     section 4(b).
       (b) Identification Card.--
       (1) Issuance.--A State boxing commission or a private 
     organization that carries out a contract described in section 
     4(b) shall issue to each professional boxer who registers in 
     accordance with subsection (a), an identification card that 
     contains--
       (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); and
       (C) each personal identification number assigned to the 
     boxer by a boxing registry certified by the Association of 
     Boxing Commissioners.
       (2) Renewal.--Each professional boxer shall renew his or 
     her identification card at least once every 3 years.
       (3) Presentation.--Each professional boxer shall present 
     his or her identification card to the appropriate State 
     boxing commission or private organization that carries out a 
     contract described in section 4(b) not later than the time of 
     the weigh-in for a professional boxing match.
       (c) Relation to State Law.--Nothing in this section shall 
     be construed as preventing a State from applying additional 
     registration requirements.

     SEC. 6. REVIEW.

       Each State boxing commission and each private organization 
     that carries out a contract described in section 4(b) shall 
     establish procedures--
       (1) to evaluate the professional records of each boxer 
     participating in a boxing match in the State;
       (2) to ensure that no boxer is permitted to box while under 
     suspension from any State boxing commission due to injury or 
     other medical-related reason, including--
       (A) a recent knockout, injury, or requirement for a medical 
     procedure;
       (B) failure of a drug test;
       (C) poor boxing skills, or the inability to safely compete; 
     or
       (D) the use of false aliases, or falsifying, or attempting 
     to falsify, official identification cards or documents; and
       (3) to ensure that if such commission (or private 
     organization) is considering permitting a boxer, promoter, 
     manager, or other licensee to participate in a professional 
     boxing match while the individual is under suspension from 
     any State for any reason other than a reason listed in 
     paragraph (2), such commission (or private organization) 
     shall notify and consult with the chief administrative 
     officer of the State that ordered the suspension prior to the 
     grant of approval for such individual to participate in that 
     professional boxing match.

     SEC. 7. INSURANCE.

       Each State, acting through the State boxing commission of 
     the State or private organization that carries out the 
     regulation of professional boxing matches for that State (if 
     the State has in effect a contract described in section 4(b) 
     with that private organization), shall require that a 
     promoter provide insurance coverage, in an amount determined 
     by the appropriate State official or entity, for each boxer 
     who participates in a professional boxing match that the 
     promoter is involved in conducting to cover an injury 
     sustained while engaged in that match.

     SEC. 8. REPORTING.

       (a) Boxing Match Results.--Not later than 48 business hours 
     (excluding Saturdays and Sundays) after the conclusion of a 
     professional boxing match, the results of such boxing match 
     shall be reported--
       (1) to each professional boxing registry certified by the 
     Association of Boxing Commissions; and
       (2) to the Florida State Athletic Commission.
       (b) Suspensions.--Not later than 48 business hours 
     (excluding Saturdays and Sundays) after a State boxing 
     commission orders the suspension of a boxer, promoter, or 
     manager, such suspension shall be reported--
       (1) to each professional boxing registry certified by the 
     Association of Boxing Commissions; and

[[Page S16430]]

       (2) to the Florida State Athletic Commission.
       (c) Alternate Reporting Entity.--If the State of Florida 
     ceases, for any reason, to publish and circulate a national 
     suspension list at no cost to other States on a frequent 
     basis, the Association of Boxing Commissions shall select a 
     different public or private entity to voluntarily undertake 
     to compile and circulate a suspension list to all State 
     boxing commissions at no cost to the States.

     SEC. 9. ENFORCEMENT.

       (a) Injunctions.--Whenever a United States Attorney in a 
     State has reasonable cause to believe that a person or entity 
     is engaged in a violation of this Act in such State, the 
     United States Attorney 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 or 
     entity, as the United States Attorney determines to be 
     necessary to restrain the person or entity from continuing to 
     engage in, or to sanction, a professional boxing match in 
     violation of this Act.
       (b) Criminal Penalties.--
       (1) Managers, promoters, matchmakers, and licensees.--Each 
     manager, promoter, matchmaker, and licensee who knowingly and 
     willfully violates 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) Boxers.--Any professional boxer who knowingly and 
     willfully violates any provision of this Act shall, upon 
     conviction, be fined not more than $1,000.
       (c) Designated United States Attorney.--The Attorney 
     General of the United States shall, for each State, designate 
     a United States Attorney that has an office in that State, to 
     serve, in consultation with the State boxing commission of 
     that State (or, in the absence of a State boxing commission, 
     the appropriate official of the Association of Boxing 
     Commissions)--
       (1) as a liaison to respond to allegations concerning 
     violations of this Act; and
       (2) as a coordinator for any enforcement activity conducted 
     pursuant to this Act that is carried out by any United States 
     Attorney in that State.

     SEC. 10. NOTIFICATION OF DESIGNATED UNITED STATES ATTORNEY.

       Each promoter that intends to hold a professional boxing 
     match in a State that does not have a State boxing commission 
     shall, not later than 14 days before the intended date of 
     that event, provide written notification to the United States 
     Attorney designated under section 9(c) for that State. That 
     notification shall contain--
       (1) assurances that, with respect to that boxing match, all 
     applicable requirements of this Act will be met;
       (2) the name, State of residence, and telephone number of 
     the official of a State boxing commission of another State 
     who will oversee the match pursuant to an agreement described 
     in section 4(a)(1)(A)(iii);
       (3) the name of any individual who, at the time of the 
     submission of the notification--
       (A) is under suspension from a State boxing commission; and
       (B) will be involved in organizing or participating in the 
     event; and
       (4) with respect to any individual listed under paragraph 
     (3), the State boxing commission to which a suspension 
     described in paragraph (3)(A) is in effect.

     SEC. 11. CONSULTATION WITH STATE BOXING OFFICIALS BY THE 
                   ATTORNEY GENERAL.

       Not later than 1 year after the date of enactment of this 
     Act, and annually thereafter, to exchange information 
     concerning the implementation and enforcement of this Act and 
     to improve the safety and integrity of professional boxing as 
     a sport, the Attorney General of the United States shall 
     consult with--
       (1) the appropriate official of the Association of Boxing 
     Commissions;
       (2) tribal organizations (as that term is defined in 
     section 4(l) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b(l)) that regulate professional 
     boxing matches; and
       (3) private organizations that assist in the regulation of 
     professional boxing matches.

     SEC. 12. PENSION STUDY.

       (a) In General.--The Secretary of Labor shall conduct a 
     study on the feasibility and cost of a national pension 
     system for professional boxers, including potential funding 
     sources.
       (b) Report.--Not later than 180 days 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).

     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 private organization to carry out that regulation.
       (2) Standards and licensing.--If a tribal organization 
     regulates 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 equivalent to--
       (A) the otherwise applicable standards and requirements of 
     each State in which the reservation is located; or
       (B) if no State in which the reservation is located has 
     established any such standard or requirement--
       (i) the standards and requirements of any other State that 
     has established a State boxing commission that carries out 
     the requirements of this Act; or
       (ii) the most recently published version of the recommended 
     regulatory guidelines issued by the Association of Boxing 
     Commissions.

                          ____________________