[Congressional Record Volume 142, Number 134 (Wednesday, September 25, 1996)]
[House]
[Pages H11153-H11158]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROFESSIONAL BOXING SAFETY ACT OF 1996
Mr. OXLEY. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 4167) to provide for the safety of journeymen boxers, and for
other purposes.
The Clerk read as follows:
H.R. 4167
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
[[Page H11154]]
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
[[Page H11155]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Ohio [Mr. Oxley] and the gentleman from New York [Mr. Manton] each will
control 20 minutes.
The Chair recognizes the gentleman from Ohio [Mr. Oxley].
Mr. OXLEY. Mr. Speaker, I yield myself such time as I may consume.
(Mr. OXLEY asked and was given permission to revise and extend his
remarks.)
Mr. OXLEY. Mr. Speaker, I rise in support of H.R. 4167, the
Professional Boxing Safety Act.
This bill represents months of bipartisan, bi-committee, and
bicameral negotiations. Its primary purpose is to establish a State and
privately run system for licensing professional boxers.
H.R. 4167 is identical to H.R. 1186, which was marked up by the
Committee on Commerce on September 18, and reported to the full House
on September 24, 1996. Since the provisions of the bills are identical,
it is the intent of the Committee on Commerce and the Committee on
Economic and Educational Opportunities that the Committee on Commerce
report on H.R. 1186 should serve as the legislative history governing
the interpretation of H.R. 4167.
I include for the Record a memorandum of understanding between
Chairman Bliley and Chairman Goodling on this point.
The memorandum referred to is as follows:
Congress of the United States,
House of Representatives,
Washington, DC, September 25, 1996.
Hon. Newt Gingrich,
Speaker, House of Representatives,
Washington, DC.
Dear Mr. Speaker: We are writing regarding the jurisdiction
and legislative history of H.R. 4167, the Professional Boxing
Safety Act, which has been introduced today by Rep. Pat
Williams and Rep. Michael G. Oxley and referred to the
Committee on Economic and Educational Opportunities and in
addition to the Committee on Commerce and H.R. 1186, the
Professional Boxing Safety Act, which was referred to the
Committee on Economic and Educational Opportunities and in
addition to the Committee on Commerce. After negotiations
between the two Committees, H.R. 1186 was favorably reported
from the Committee on Commerce and agreed to be considered
under suspension of the House Rules.
Subsequently and in honor of the retirement of Rep. Pat
Williams, our friend and colleague, Rep. Williams introduced
H.R. 4167, Professional Boxing Safety Act, which is identical
to the Commerce Committee reported bill to H.R. 1186 and we
have agreed to consider this bill in lieu of consideration of
H.R. 1186. We now agree that the legislative history of H.R.
1186 should be deemed part of the legislative history of H.R.
4167, Professional Boxing Safety Act and that the
jurisdiction of the two Committees should not be prejudiced
by any of these events.
Sincerely,
Bill Goodling,
Chairman, Committee on Economic and Educational
Opportunities.
Thomas J. Bliley,
Chairman, Committee on Commerce.
Mr. Speaker, when people think of professional boxing they imagine
the multi-million dollar fight with Mike Tyson or George Foreman or Tim
Witherspoon in the corner. But the vast majority of professional
matches are between two little known boxers, fighting for less than
$100 per round, who are often intentionally mismatched to provide the
crowd with a spectacle of gore.
Unlike every other major American sport, there is no merit system in
boxing for advancing to a title. Sanctioning bodies are controlled by
promoters with their own agendas. Even the officials who regulate
boxing through the State commissions often have personal financial
interest and involvement in their own pet fighters. With fraud and
corruption allowed to run rampant in boxing, it's no wonder that we've
had so many boxers left penniless, with severe medical injuries, forced
to depend for health care and survival on the backs of the Federal
taxpayers. Boxing needs reform, and it needs it now.
This bill is not something dreamed up by Washington bureaucrats to be
imposed on the States. Rather, these reforms have been specifically
requested and actively supported by State boxing commissions around the
country.
Commissioner after commissioner has complained to us that State
suspensions are flouted by boxers who hop from town to town fighting
under different names, ignoring failed drug tests and medical injuries,
ultimately leaving Federal health care and welfare programs to pick up
the tab after their bodies have broken down.
So long as there are no uniform licensing procedures for reviewing,
honoring, and appealing commission authorized suspensions, States will
remain powerless to enforce their own health and safety regulations,
with the taxpayers losing out as the result.
This bill requires that no professional boxing match be held without
the approval of a State authorized commission. The commission may be
public or private, and no State is required under this bill to
establish a commission. If a State chooses not to get involved in
regulating boxing, then the promoter of a fight is allowed to contract
with an authorized boxing commission of any other State to come in and
supervise a fight.
This bill is not a cure-all for every problem that boxing faces. But
it is a huge step in the right direction. It enacts strict conflict of
interest provisions, establishes minimum protections for boxers, and
empowers States to enforce their own suspensions.
I recognize that many of my colleagues believe that this compromise
goes too far, while others feel it does not go far enough to involve
the Federal Government in helping the States regulate professional
boxing. But after decades of legislative neglect, professional boxing
needs uniform State-supervision before it can clean up its act. This is
a good bill, a good compromise, and a much needed reform.
Mr. Speaker, I reserve the balance of my time.
Mr. MANTON. Mr. Speaker, I ask unanimous consent that the gentleman
from Montana [Mr. Williams] be permitted to control one-half of the
time on this side.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. MANTON. Mr. Speaker, I yield myself such time as I may consume.
(Mr. MANTON asked and was given permission to revise and extend his
remarks.)
Mr. MANTON. Mr. Speaker, I am pleased to rise today in support of
H.R. 4167. This is the same bill that was reported out of the Committee
on Commerce last Wednesday, and it is a product of bipartisan
cooperation among members of both the Committee on Commerce and the
Committee on Economic and Educational Opportunities.
I would like to commend my colleagues, the gentleman from Virginia
[Mr. Bliley], the gentleman from Ohio [Mr. Oxley], the gentleman from
Pennsylvania [Mr. Goodling], the chairman, the gentleman from Montana
[Mr. Williams], and the gentleman from Michigan [Mr. Dingell], for
their hard work in moving this bill forward.
In addition, negotiations on the bill have included Senators McCain
and Bryan, who demonstrated significant commitment to gaining consensus
on the bill, enabling us to bring this legislation to the House floor
today. By passing H.R. 4167, the House will take a positive step
forward toward correcting some of the most negative aspects associated
with the boxing industry.
Mr. Speaker, Members in the House have long considered legislation to
improve the sport of boxing. Early hearings and discussions of problems
in the industry date back to the 1960's and since that time, various
proposals have been promoted in an effort to address some of the more
persistent and destructive problems with the sport.
[[Page H11156]]
I would like to recognize a number of my colleagues in the House, in
particular, Representatives Bill Richardson, Ralph Hall, and Major
Owens, who have dedicated significant time and energy over the years in
support of legislation to regulate the boxing industry. Their
leadership on this issue has helped educate and motivate members on
both sides of the aisle, enabling us to at last reach agreement on
legislation at this time. While the bill before us today is perhaps
more minimal in scope than my colleagues would prefer, it does include
a number of provisions that should satisfy some of their long-term
interests in seeing improvements made by the boxing industry.
The purpose of this bill should not surprise many. Numerous problems
associated with the sport of boxing are not new, and have proven
persistent over many years. Observers of the industry have criticized
it for a number of reasons including: inadequate health and safety
standards for the athletes; industry corruption; exploitation of the
fighters; organized crime influence; and blatant conflict of interest
between regulatory and sanctioning bodies. But despite a considerable
amount of congressional scrutiny and various legislative proposals, no
specific Federal law dealing with professional boxing has been enacted.
By passing H.R. 4167 today, the House can improve this record.
Mr. Speaker, as I stated earlier, the bill before us was crafted with
bipartisan cooperation in both bodies. It is a good bill that addresses
many of the most distressing problems in the sport of boxing. In
particular, H.R. 4167 includes a provision which will put an end to
conflicts of interest between regulatory and sanctioning bodies in the
industry. In addition, the bill includes minimum health and safety
requirements to better protect boxers and expands the State oversight
role of the industry.
Mr. Speaker, we could probably go further in our efforts to regulate
the boxing industry and clean up more problems which surely exist in
some quarters of the sport. However, I believe this legislation will
yield some positive changes in the industry and the House should be
proud to adopt it. As a cosponsor of the bill and ranking minority
member of the Commerce, Trade, and Hazardous Materials Subcommittee, I
urge my colleagues to support the measure.
Mr. Speaker, I reserve the balance of my time.
Mr. OXLEY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I recognize the gentleman from Montana [Mr. Williams]
for his strong work in this area for a number of years, working to get
a bill passed. I think we are just about there. We would not have been
there without the efforts of the gentleman from Montana.
Mr. Speaker, I am pleased to yield such time as he may consume to my
good friend, the gentleman from Montana [Mr. Williams].
Mr. WILLIAMS. Mr. Speaker, I thank my friend, the gentleman from
Ohio, chairman of the Subcommittee on Commerce, Trade, and Hazardous
Materials of the Committee on Commerce, for his kindness in yielding
time to me. If he should need more time, and I am controlling 10
minutes, I will yield it back to him, but for now I will use his time.
Mr. Speaker, I want to begin by thanking my Republican colleagues,
the gentleman from Ohio [Mr. Oxley], the gentleman from Virginia [Mr.
Bliley], and over on the Committee on Economic and Educational
Opportunities, the gentleman from Pennsylvania [Mr. Goodling], and the
gentleman from North Carolina [Mr. Ballenger], for their kindness in
bringing this bill forward and allowing me to be the prime sponsor of
it.
Without their generosity, Mr. Speaker, it may have been that I would
not have been able to gain this recognition, deserved or not, for 18
years of work on this issue.
Mr. Speaker, it was not 18 years but 35 years ago that the first
proposal to reform the sport of boxing was introduced. It was done so
by then Senator Estes Kefauver of Tennessee. That legislation was aimed
at trying to prevent what Senator Kefauver then believed was mob
control of the sport. His legislation would have set up a commission
under the Department of Justice to investigate fights. That legislation
was not passed, and since that time there have been many attempts to
resurrect the issue and reform the ``sweet science.''
The issue lay dormant until early in the 1970's, when then
Congressman Van Derling wanted to regulate television's influence on
the sport under the Federal Communications Commission. Later, former
Congressman Ed Beard wanted to establish a Federal boxing commission.
None of these efforts were successful.
Then I and some others came on the scene in 1979, and with the House
Committee on Labor held several days of hearings on the safety of the
sport and possible avenues of reform, and we approached it as a matter
of protecting workers in their workplace. The workers are fighters.
Their workplace is the ring.
{time} 2100
Those hearings opened 18 years of discussion and more than a dozen
bills aimed at the setting of minimum health and safety standards for
boxing. But even those efforts, until tonight, fell short, primarily
for two reasons. One was the difficult job of reassuring folks in the
sport of boxing that minimum standards are indeed in the fighter's best
interest, and the second reason was in setting just the right balance
between State commissions and any Federal assistance.
The bill before us today is the product of all those years of
congressional and public discussion and debate. Because of continual
scandal and increasing fan disillusionment--and I am a fan--the sport
has long ago, I think, been convinced that minimum health and safety
standards are necessary if boxing is to prosper and fighters are to be
protected.
This legislation before us tonight leaves the regulation of boxing
with the State commissions, and it sets a basic code of conduct and
minimum health and safety standards to assist the State commissions in
the protection of fighters in their workplace, the ring.
One of the most important provisions in this legislation is the
establishment of a boxer passport system. This provision will
essentially prevent a fighter who is knocked out in one State and then
changes his name and fights under the false name in another State the
next night, even though the boxer himself is physically at risk. A
passport system will stop that terrible practice.
I must say I think that potentially the weakest provision in the bill
is the definition of how a State boxing commission should be organized.
The legislation allows States to privatize their commissions. We may
find that that move toward privatized commissions is a mistake.
However, I also believe that the conflict of interest provisions of the
bill will mean that there will be little chance for boxing ranking
organizations or promoters to capture control of these privatized
commissions.
This legislation gives the States the chance to bring the sport of
boxing under control, and I am certain that the existing State
commissions are up to the task. The legislation is, in fact, simply an
attempt by the Congress of the United States to provide for those
athletes who labor in the ring the basic worker protections that the
United States provides for all other workers in their workplace. I urge
my colleagues to support it.
Finally, I again want to thank Chairman Oxley and my colleagues and
friends on the Republican side for their generosity in allowing H.R.
4167, the bill which I have sponsored along with Chairman Oxley and
Congressman Manton, to come before us tonight.
Mr. Speaker, I am pleased to rise today in support of H.R. 4167. I
have worked on this issue for 18 years and I want to thank my
colleagues on the Economic Opportunities and Commerce Committees for
their work and assistance on this legislation and I urge your support
for my bill.
It was 35 years ago that the first proposal to reform the sport of
boxing was introduced by then Senator Estes Kefauver. This legislation
was aimed at the stopping of mob control of the sport and set up a
commission under the Department of Justice to investigate any illegal
fights. That legislation was not passed and since that time there has
been many attempts to resurrect this issue and reform the ``sweet
science.''
In the 1970's Congressman Van Derling wanted to regulate television's
influence on the sport under the Federal Communication
[[Page H11157]]
Commission and Congressman Beard wanted to establish a Federal boxing
commission under the Department of Labor. None of these efforts was
successful and in 1979 our House Labor Committee held several days of
hearings on the safety of the sport and possible avenues of reform.
These hearings opened 18 years of discussion and more than a dozen
bills aimed at the setting of minimum health and safety standards for
boxers. These bills all fell short primarily for two reasons: one was
the difficult job of reassuring folks in the sport of boxing that
minimum standards are in the sport's best interest, and the second
reason was in setting just the right balance between State commissions
and any Federal assistance.
The bill before us today is the product of all those years of
discussion and debate. Because of continual scandal and increasing fan
disillusionment, the sport and its fans have long ago been convinced
that minimum health and safety standards were absolutely necessary if
the sport was to prosper and fighters be protected, and during those
years the State boxing commissions have their own standards and
professional organizations. This legislation leaves the regulation of
boxing with the State commissions, and it sets a basic code of conduct
and minimum health and safety standards to assist those commissions in
the protection of fighters in their workplace--the ring.
One of the most important provisions in this legislation is the
establishment of the boxer passport system. This provision will
essentially stop a fighter from being knocked out in one State and then
changing names and fighting in another State even though they are
physically at risk. This legislation sets basic safety standards for
any fight, and it also carries a provision that will have the
appropriate Federal agencies conduct a study of what minimum health and
safety provisions should include and also how the sport might provide a
basic pension system. This study will be presented to the next Congress
to consider strengthening the mandatory requirements of the bill.
The weakest provision in the bill is the definition of how a State
boxing commission should be organized. This legislation allows States
to privatize their commissions. We may find that the move toward
privatized commissions is a mistake. However, I also believe that the
conflict of interest provisions of the bill will mean that there will
be little chance for boxing ranking organizations or promoters to
capture control of key commissions--even under privatization. I want to
commend my colleagues on the Commerce Committee for their effort on
this provision. I believe that as the State commissions are
strengthened then there will be less reason for States to consider
privatization.
This legislation gives the States the chance to bring the sport of
boxing under control and I am certain that the existing commissions
will be up to the task, with our assistance. If we do not take this
action today, or if the States do not live up to the challenge, then I
believe we will see the continued downward spiral of both the sport and
fan confidence.
This legislation is, in fact, simply an attempt to provide for folks
who labor in the ring the basic worker protections we provide for
almost all other workers. The decentralized nature of the sport has
promoted minimum regulation because those States that enforce strict
standards simply lose future fights. This flaw has denied fighters
basic protections and the result has been needless injury and death.
The House of Representatives has passed reforms one other time--only
to have the bill die in the Senate. Senator McCain has worked
tirelessly on this legislation and is in agreement with the House's
bipartisan proposal. Let's not deny fighters these reforms; they are
long overdue.
Mr. MANTON. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. OXLEY. Mr. Speaker, in closing, let me just again thank the
gentleman from Montana for his leadership. As all of you know, this is
Pat Williams' last term, he is retiring, will be leaving Congress after
a distinguished number of years here. This is in many ways a tribute to
Pat Williams and his dedicated service here in the Congress. I wanted
to point that out to the Members and for the record.
Also, to thank the gentleman from New York, Mr. Manton, my ranking
member; also the gentleman from Virginia, Mr. Bliley, the chairman; the
gentleman from Michigan, Mr. Dingell, as well, the ranking member;
Senator McCain who had worked so feverishly on this bill; and last, the
gentleman from New Mexico, Bill Richardson, who has had an interest in
this issue and was one of those I had mentioned that wanted to go
further with this legislation but was kind enough to work on a
compromise with an understanding that we would work together in the
next Congress on some other legislation dealing with the boxing issue.
Mr. Speaker, I ask for a favorable consideration of the bill, and I
yield back the balance of my time.
Mr. WILLIAMS. Mr. Speaker, I yield myself 30 seconds.
I would thank our friend and colleague, Senator McCain, who I think,
as everyone interested in this bill knows, started the process in this
Congress in the Senate and has worked tirelessly, even though a
Senator, to help get this bill to the floor of the House tonight. I do
not think we would have gotten there without Senator McCain and we are
very grateful to him.
Mr. GOODLING. Mr. Speaker, I rise today in support of the
Professional Boxing Safety Act of 1996. This legislation establishes
minimum health and safety requirements for professional boxers and will
improve the ability of State authorized boxing commissions to properly
oversee professional boxing matches.
Currently, State athletic commissions have differing policies with
regard to boxing. In one State, boxers, promoters, and managers may be
required to meet certain standards, while another State may have no
requirements or safety and health standards at all. The bill which we
are considering today will make it easier for States to share
information on suspensions of boxers and will help to ensure that all
boxing matches are properly supervised by the appropriate State
officials.
I would like to acknowledge the personal interest and hard work of
the sponsors of the bill, Representative Pat Williams and
Representative Michael Oxley. As a colleague of mine on the Economic
and Educational Opportunities Committee, Pat Williams' effort over the
years with regard to issues in the sport of boxing has helped to focus
attention on the seriousness of the problems which exist in the sport
and which, hopefully, will be reduced as a result of this legislation.
I also appreciate the efforts of the athletic commission in my State of
Pennsylvania and their assistance in improving the bill.
H.R. 4167 is identical to H.R. 1186, as reported by the Committee on
Commerce on September 18, 1996. H.R. 1186 was introduced by
Representative Michael Oxley on March 9, 1995 and referred to the
Committee on Economic and Educational Opportunities, and in addition,
to the Committee on Commerce, which ordered the bill favorably reported
by voice vote. Given the impending adjournment and since I support the
Commerce Committee reported bill, I saw no reason to slow the
legislative process, thus the Committee on Economic and Educational
Opportunities did not report H.R. 1186 and I intend no prejudice to
jurisdiction by these events.
H.R. 4167 is being considered today in lieu of H.R. 1186 and the
legislative history which accompanies H.R. 1186 should be deemed to be
part of the legislative history of H.R. 4167. The jurisdiction of the
Committee on Economic and Educational Opportunities and the Committee
on Commerce should not be prejudiced by these events.
Mr. RICHARDSON. Mr. Speaker, I rise in support of H.R. 4167, the
Professional Boxing Safety Act of 1996. But, I want to express some
serious reservations that I have with this piece of legislation.
Let me start out by saying thank you to the many people that have
worked on professional boxing legislation this year and in the past:
Senator McCain; Senators Roth of Delaware; Bryan of Nevada; Dorgan of
North Dakota; Pat Williams; Major Owens; Tom Manton; and Jim Florio.
I would especially like to thank Chairman Bliley, Mike Oxley, and
Ranking Member John Dingell for their work in shepherding this bill
through a reluctant Commerce Committee. Finally, I would like to thank
Gary Galemore of the Congressional Research Service who has crafted
various boxing bill's since 1977.
Since my initial election to the House in 1983, I have associated
myself with Congressional efforts to enact meaningful reform that
adequately addresses the serious problems that plague the professional
boxing world.
Although these efforts were initiated by Senator Estes Kefauver in
the 1960s, Congress has been unable to enact meaningful reform.
Numerous hearings and investigations have uncovered a world of
improprieties that range from the influence of organized crime to
atrocious health adn safety conditions for professional boxers.
Consider a sport that is heavily influenced by the likes of Don King,
a convicted felon who could not testify before congressional committees
because he was under a perennial FBI investigation.
The most notable discovery of these investigations is the existence
of a haphazard patchwork of state rules governing the sport of boxing.
This non-system of health and safety standards endangers the lives of
thousands of young men who pursue boxing careers as a form of
employment.
[[Page H11158]]
Consider a sport that will not allow Tommy Morrison to fight in New
York because he has tested HIV positive, ye Morrison can go to another
State that has no testing requirements and fight.
Boxing enthusiasts both in Congress and in the industry have agreed
that legislation should require some form of Federal oversight to
properly implement health and safety standards.
Let me make some points to my colleagues who argue that Congress has
no role in the affairs of boxing. The provisions of the McCain-Oxley
bill fit comfortably under the broad reach of the Commerce Clause. The
interstate character of the industry has been recognized by the Supreme
Count in connection with anti-trust regulation. The Court held that
``the promotion of professional championship boxing contests on a
multistate basis, coupled with sale of rights to televise, broadcast,
and film the contests for interstate transmission'' constitutes
interstate commerce.
Reservations with the Mc Cain-Oxley Bill
Because I believe the McCain-Oxley bill is a good first step--
particularly the inclusion of the Dingell amendment--I shall support
it. However, I believe the bill comes up short in critical areas. I am
afraid that without some degree of Federal oversight the unsavory
elements of boxing will retain their influence with state boxing
commissions and continue to work their will.
Simply put the bill does not address the main problem with boxing
standards: lack of enforcement.
The bill's reliance on U.S. Attorneys to enforce the health and
safety provisions is an extraordinary leap of faith on the part of this
Congress. However, I commend the bill's authors for their efforts to
include provisions designed to increase the interaction of state boxing
officials and local law enforcement.
Without specific enforcement mechanisms designed to administer the
legislation's new standards, we are forced to rely on state boxing
commissions to police the sport. If we have learned anything since
Estes Kefauver first began investigating boxing, it is that state
boxing commissions--with several notable exceptions like New York and
Nevada--are incapable, unwilling, or deliberately choosing not to
enforce their own rules.
While I recognize the political constraints of enacting boxing
legislation, I still feel that we will need to provide some
legitimizing entity that allows honorable boxing interests to take the
reins and lead the boxing industry to eventual self-regulation. We need
to motivate the industry to clean up its own house.
I have maintained all along that this is the bill that Don King
supports because it will put to rest the annual congressional review of
the boxing industry. But I have retained assurances from Senator McCain
that Congress will not abandon this issue. We intend to monitor the
effectiveness of this bill and if necessary will craft further
legislation to right the wrongs that plague the boxing industry.
I have received assurances that my concerns will receive scrutiny
either from a General Accounting Office [GAO] study, a President
Commission on boxing, or both.
I encourage my colleagues to join me in issuing a challenge to the
State Boxing Commissioners: Clean up the sport, or Congress will.
Mr. Speaker, I am supporting the McCain-Oxley legislation because it
makes headway in two important areas.
First, this bill takes the important step of creating minimal Federal
health and safety standards. This will send an important signal to the
boxing industry that certain standards have to be met in order to
conduct a match. Most importantly, this will set precedent in getting
Congress involved in a serious matter that has for too long been
overlooked.
Second, the bill includes a provision crafted by Ranking Member
Dingell that will prohibit the numerous conflicts of interest that
permeate the relationship of regulators and those regulated. I
sincerely believe that this provision will go a long way in cleaning up
the less-than-reputable business relationships that have damaged the
integrity of the sport.
I am supporting this measure because I love the sport of boxing. Let
me again say that this is the best bill that Congress can enact. But
you can be sure that--unless real reform becomes apparent to Congress--
this is not the last round of this fight.
Mr. DINGELL. Mr. Speaker, the House Commerce Committee has a long
history of investigating problems in professional boxing. Since 1965,
the committee has held numerous hearings and considered a broad array
of legislation in this area. Over the years, persistent allegations of
serious improprieties have plagued professional boxing, including:
First, inadequate health and safety protections for boxers; second,
organized crime influence; third, boxer exploitation; fourth, fan
deception, such as mismatches and fixed contests; fifth, blatant
conflicts of interest between regulators and those who promote and
arrange matches; sixth, market monopolization; seventh, the industry's
inability to police itself; and eighth, the inadequacy of existing
regulation at the State and local levels. Despite a variety of efforts,
no law has been enacted to date.
During the past few weeks, Representative Manton and I have worked
with Chairmen Bliley and Oxley, Representative Williams, Senators
McCain and Bryan, and with others, to seek a consensus on this
legislation. Last week, the Commerce Committee reported the same bill
we are considering today by voice vote. I believe this compromise
represents a positive step forward in trying to address some of the
most egregious problems in the boxing industry.
In particular, I support the bill because it includes a provision
that prohibits State boxing regulators from contracting with, belonging
to, or receiving compensation from the boxing organizations they are
charged with regulating. This should help address conflicts of interest
between State regulators and the industry. It will not clean up all
problems in the industry. But it is a positive step. It will lend
credibility to State regulatory activities and prohibit incestuous
relationships that too many State officials have developed with the
boxing industry.
There are those who argue the bill does not go far enough and others
who argue it goes too far. On balance, I believe the bill represents a
sound bipartisan compromise that will strengthen State regulatory
activities and promote improved health and safety standards.
I want to single out two Members for their contributions and
leadership in this area. First, I commend our colleague, Mr.
Richardson. Over the years, he has authored several bills to improve
oversight and regulation of the boxing industry. I understand his
concerns that this bill does not go as far as he would prefer. Despite
his misgivings, Mr. Richardson has continued to be a constructive force
in forging this bipartisan compromise. His efforts are greatly
appreciated.
Second, I commend my good friend from Montana [Mr. Williams], the
sponsor of this legislation. He has made many lasting contributions to
the debate in this particular area. Unfortunately, he has announced his
retirement at the end of this Congress. All of us will miss the
leadership he has exhibited during his distinguished tenure in this
body on this bill and, more importantly, on many other issues of
national concern.
I urge all my colleagues to support this bipartisan legislation and
yield back the time of my balance.
Mr. WILLIAMS. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Burton of Indiana). The question is on
the motion offered by the gentleman from Ohio [Mr. Oxley] that the
House suspend the rules and pass the bill, H.R. 4167.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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