[House Report 104-833]
[From the U.S. Government Publishing Office]
104th Congress Rept. 104-833
HOUSE OF REPRESENTATIVES
2d Session Part 1
_______________________________________________________________________
PROFESSIONAL BOXING SAFETY ACT OF 1966
_______
September 24, 1996.--Ordered to be printed
_______
Mr. Bliley, from the Committee on Commerce, submitted the following
R E P O R T
[To accompany H.R. 1186]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, to whom was referred the bill
(H.R. 1186) to provide for the safety of journeymen boxers, and
for other purposes, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill as amended do pass.
CONTENTS
Page
The Amendment.................................................... 1
Purpose and Summary.............................................. 5
Background and Need for Legislation.............................. 5
Hearings......................................................... 6
Committee Consideration.......................................... 7
Rollcall Votes................................................... 7
Committee Oversight Findings..................................... 7
Committee on Government Reform and Oversight..................... 7
New Budget Authority and Tax Expenditures........................ 7
Committee Cost Estimate.......................................... 8
Congressional Budget Office Estimate............................. 8
Inflationary Impact Statement.................................... 11
Advisory Committee Statement..................................... 11
Section-by-Section Analysis of the Legislation................... 11
Changes in Existing Law Made by the Bill, as Reported............ 16
Amendment
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
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 knowingly 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 recent version of the recommended
regulatory guidelines published and certified 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.
Purpose and Summary
H.R. 1186, as reported, is intended to improve the ability
of State-authorized boxing commissions to provide proper
oversight of professional boxing, and to establish minimum
health and safety standards for professional boxers. It ensures
that no professional boxing match may be conducted without the
supervision of a State-authorized boxing commission. It creates
a uniform system of registration, licensing, and reporting,
which is regulated and managed by States and private interests.
Procedures are outlined for mutual recognition, review, and
appeal of boxer suspensions. Minimum safety standards are
established with the manner and extent of such standards left
up to the States, including a pre-fight physical exam by a
licensed physician, a physician and an ambulance or medical
personnel with appropriate resuscitation equipment continuously
present at ringside, and health insurance for each boxer to
provide medical coverage for injuries sustained during a match.
Members and employees of boxing commissions and the Association
of Boxing Commissions are prohibited from belonging to,
contracting with, or receiving compensation from those who
sanction, arrange, or promote professional boxing matches or
who have a financial interest in a boxer. Two studies are
authorized, one by the Secretary of Labor to determine the
feasibility of a national pension system for boxers; the second
by the Department of Health and Human Services (National
Institute for Occupational Safety and Health) to develop
recommendations for health, safety, and equipment standards for
boxing. The Attorney General is empowered to enforce this
legislation, and States are authorized to adopt additional
regulations and penalties that are not inconsistent with these
purposes.
Background and Need for Legislation
Boxing is perhaps the oldest sport in existence, dating
back to the Sumerians in 2600 BC. The ancient Greeks introduced
boxing to the Olympics in 688 BC, with participants required to
wear protective headgear and leather hand-coverings. The sport
became more violent under the Romans, with slaves forced to
fight for their freedom wearing only iron-studded gloves.
Organized individual fighting has since been reintroduced and
outlawed over the years, with modern boxing rules first
introduced in England and the United States in the late
nineteenth century.
Unlike many modern sports, professional boxing has no
single set of health and safety standards for its athletes.
Matches are organized by an uncoordinated group of private
sanctioning bodies and promoters who are only minimally
concerned with the rights and safety of individual boxers.
Boxing commissions do not even exist in a handful of States,
and many existing commissions are undermanned, underfunded, and
fail to provide such minimum safety precautions as evaluating a
boxer's record for suspensions or ensuring health insurance
coverage for injuries sustained by a boxer during a match.
Issues of fraud also continue to haunt the sport. Boxing
titles are handed out by an ``alphabet soup'' of sanctioning
bodies. Numerous witnesses have testified before the Committee
that fighters are not matched on the basis of merit, but rather
according to the interests of certain key promoters with
significant conflicts of interests. Legitimate title contenders
find themselves shut out of championship competition if they
don't pay their dues and play the game accordingly.
Many fighters are intentionally mismatched in order to
massage the win-loss record of favored individuals. These
mismatches can result in a greatly increased risk of injury,
especially when conducted with inadequate medical examinations
and supervision. For example, the Committee examined the
records of three boxers who together have lost hundreds of
professional fights, receiving numerous consecutive suspensions
which were subsequently ignored as they journeyed from State to
State in search of the next fall to the canvass. Unfortunately,
these poorly-supervised matches result in numerous long-term
injuries, including chronic brain injuries.
Hearings
Since 1983, the Committee on Commerce has held seven
hearings on the sport of boxing, receiving testimony on issues
of fraud and the dangers to boxer health and safety. H.R. 1186
marks the third time that the Committee on Commerce has
reported legislation to the full House. The Committee on
Economic and Educational Opportunities has held an additional
four hearings during this period, twice reporting boxing
legislation.
During the 104th Congress, the Subcommittee on Commerce,
Trade, and Hazardous Materials held a joint hearing on H.R.
1186, the Professional Boxing Safety Act of 1996, with the
Committee on Economic and Educational Opportunities
Subcommittee on Workforce Protections, on June 11, 1996.
Testimony was received from the following witnesses: the
Honorable Pat Williams; the Honorable Major R. Owens; the
Honorable John McCain; the Honorable Richard H. Bryan; the
Honorable Bill Richardson; Mr. Marc Ratner, President of the
Association of Boxing Commissions and Executive Director of the
Nevada State Athletic Commission; Mr. Gregory P. Sirb, Vice
President of the Association of Boxing Commissions and
Executive Director of the Pennsylvania State Athletic
Commission; Mr. David Dick, Director, Virginia State Department
of Professional and Occupational Regulation; Mr. Bruce
Anderson, Director, Boxing and Wrestling Commission Section of
the Oregon State Police; Mr. Tim Witherspoon, professional
boxer; Mr. Tony Thornton, professional boxer; and Dr. Charles
Wilson, M.D., Atlantic City, New Jersey.
Committee Consideration
On July 18, 1996, the Subcommittee on Commerce, Trade, and
Hazardous Materials met in open markup session and approved
H.R. 1186, the Professional Boxing Safety Act of 1996, for Full
Committee consideration, as amended, by a rollcall vote of 11
yeas to 10 nays.
On September 18, 1996, the Committee on Commerce met in
open markup session and ordered H.R. 1186 reported to the
House, as amended, by a voice vote, a quorum being present.
Rollcall Votes
Clause 2(l)(2)(B) of rule XI of the Rules of the House of
Representatives requires the Committee to list the recorded
votes to report legislation and on amendments thereto. There
were no recorded votes taken in connection with ordering H.R.
1186 reported or in adopting the amendment. The voice votes
taken in Committee are as follows:
Committee on Commerce, 104th Congress, Voice Votes (September 18, 1996)
Bill: H.R. 1186, Professional Boxing Safety Act of 1996.
Amendment: Amendment in the Nature of a Substitute offered
by Mr. Oxley.
Disposition: Agreed to, by a voice vote.
Motion: Motion by Mr. Moorhead to order H.R. 1186 reported
to the House, as amended.
Disposition: Agreed to, by a voice vote.
Committee Oversight Findings
Pursuant to clause 2(l)(3)(A) of rule XI of the Rules of
the House of Representatives, the Subcommittee on Commerce,
Trade, and Hazardous Materials held a legislative hearing and
made findings that are reflected in this report.
Committee on Government Reform and Oversight
Pursuant to clause 2(l)(3)(D) of rule XI of the Rules of
the House of Representatives, no oversight findings have been
submitted to the Committee by the Committee on Government
Reform and Oversight.
New Budget Authority and Tax Expenditures
In compliance with clause 2(l)(3)(B) of rule XI of the
Rules of the House of Representatives, the Committee states
that H.R 1186 would result in no new or increased budget
authority or tax expenditures or revenues.
Committee Cost Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 403 of the Congressional Budget Act of 1974.
Congressional Budget Office Estimate
Pursuant to clause 2(l)(3)(C) of rule XI of the Rules of
the House of Representatives, the following is the cost
estimate provided by the Congressional Budget Office pursuant
to section 403 of the Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 24, 1996.
Hon. Thomas J. Bliley, Jr.,
Chairman, Committee on Commerce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1186, the
Professional Boxing Safety Act of 1996.
Enacting H.R. 1186 would affect direct spending and
receipts. Therefore, pay-as-you-go procedures would apply to
the bill.
If you wish further details on this estimate, we will be
pleased to provide them.
Sincerely,
June E. O'Neill, Director.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
1. Bill number: H.R. 1186.
2. Bill title: Professional Boxing Safety Act of 1996.
3. Bill status: As ordered reported by the House Committee
on Commerce on September 18, 1996.
4. Bill purpose: H.R. 1186 would permit a professional
boxing match to take place only if the match conformed to
conditions outlined in the bill. Matches could only be held in
a state with a boxing commission or under the supervision of a
state with a boxing commission. The bill would impose various
health and safety standards, including a requirement that a
physician certify the boxers in a match to be physically fit.
Each boxer would need to present an identification card issued
by a state boxing commission before the start of the match.
H.R. 1186 would require state boxing commissions to
establish procedures for evaluating the professional records of
boxers and ensuring that no boxer is permitted to box while
under suspension from any other state boxing commission. The
bill would direct Indian tribes to establish standards for
boxing matches on Indian reservations Tribes also could opt to
contract with a state boxing commission to oversee matches held
on its reservation. The bill also would establish standards to
prevent conflicts of interest between the organizers and
promoters of a match and those who monitor the industry.
The bill would permit United States Attorneys to bring
civil actions against anyone who violates provisions of the
bill and would establish criminal fines and penalties for
violations. Finally, the bill would require the Secretary of
Labor to conduct a study on a national pension plan for
professional boxers and the Secretary of Health and Human
Services to develop recommendations for health, safety, and
equipment standards for boxers and boxing matches.
5. Estimated cost to the Federal Government: CBO estimates
that enacting H.R. 1186 would have no significant impact on the
federal budget. Based on information from the Office of the
United States Attorneys, CBO estimates that the bill would not
result in any significant cost to the federal government for
additional civil actions brought by United States. Based on
information from the Department of Justice we estimate that any
increase in collections for criminal fines would not be
significant.
Criminal fines would be deposited in the Crime Victims Fund
and spent in the following year as direct spending. The
increase in direct spending would be the same as the amount of
fines collected, with a one-year lag. Therefore, additional
direct spending would also be negligible.
Based on information from the Department of Labor and the
Department of Health and Human Service, we estimate that the
studies required by H.R. 1186 would cost about $500,000,
assuming appropriation of the necessary funds.
6. Pay-as-you-go considerations: Section 252 of the
Balanced Budget and Emergency Deficit Control Act of 1985 sets
up pay-as-you-go procedures for legislation affecting direct
spending or receipts through 1998. Enacting H.R. 1186 would
affect direct spending and receipts through the imposition of
criminal fines and the resulting spending from the Crime
Victims Fund. However, CBO estimates that the amounts involved
would not be significant. The following table summarizes the
estimated pay-as-you-go impact of this bill.
[By fiscal year, in millions of dollars]
------------------------------------------------------------------------
1996 1997 1998
------------------------------------------------------------------------
Change in outlays............................ 0 0 0
Change in receipts........................... 0 0 0
------------------------------------------------------------------------
7. Estimated impact on State, local, and tribal
governments: H.R. 1186 would impose intergovernmental mandates
as defined in the Unfunded Mandates Reform Act of 1995 (Public
Law 104-4), but CBO estimates that the cost of these mandates
would not be significant and would not exceed the $50 million
threshold established in the law. The bill would place
requirements on states that have boxing commissions and on
Indian tribes that hold boxing matches on their reservations.
State boxing commissions would be required to issue
identification cards to each professional boxer who registers
with the commission. They would also be required to establish
various procedures and to file reports with each boxer registry
certified by the Association of Boxing Commissions. Although
the bill establishes these requirements for the 45 existing
commissions, it does not require states to establish such
commissions. Boxers residing in a state with no boxing
commission could register with any other state's commission.
Promoters seeking to put on a boxing match in a state that does
not have a boxing commission could enter into an agreement with
another state's commission to oversee the match. Consequently,
states without boxing commissions would not be required to
create them to comply with this bill. According to several
state boxing officials, many commissions are already complying
with the requirements set out in the bill. CBO estimates that
the costs to state commissions not already in compliance would
thus be minimal.
The bill would also require Indian tribes, if they chose to
regulate professional boxing matches held on their reservation,
to have in place health and safety standards and other
requirements that are at least as restrictive as either the
standards of the states in which the reservations are located
or the guidelines of the Association of Boxing Commissions.
Instead of meeting this requirement, tribes could opt to
contract with a state boxing commission to oversee matches.
Industry data indicates that about 25 professional boxing
matches have been held annually on reservations in recent
years, and that the cost of contracting for supervision from a
state boxing commission ranges from $500 to $1,500 per match.
Assuming that tribes would incur similar costs whether they
contract out or oversee the matches themselves, CBO estimates
that the costs of the mandate on tribes would not exceed
$40,000 per year. Even if the number of matches held on
reservations increases dramatically in the future, total
compliance costs would not be significant.
8. Estimated impact on the private sector: H.R. 1186 would
impose mandates on the promoters of professional boxing matches
and on boxers. CBO estimates that the cost of those mandates
would be well below the $100 million threshold.
This bill would require that a promoter of a professional
boxing match in a state without a boxing commission arrange to
have the match supervised by a boxing commission from another
state. Further, the promoter must provide written assurances to
the supervising boxing commission that they have complied with
the provisions of this act. Based on industry data, in recent
years the number of unsupervised matches in the five states
that do not have boxing commissions ranges from one to three
annually. The total costs of supervision range from $500 to
$1,500 per match. Thus CBO estimates this provision would
impose costs of between $500 and $4,500 a year on the private
sector.
H.R. 1186 would require promoters of a boxing match to meet
various health and safety standards in order to hold a boxing
match. According to representatives of the boxing industry,
some of those standards are now being met either on a mandatory
or voluntary basis. At most, those new requirements would
affect approximately 80 matches annually and about 700 boxers.
The maximum private-sector costs associated with these safety
standards would amount to approximately $100,000 a year. CBO
expects that some states would exclude some requirements by
subsequent regulation as allowed under section 5(2), thus
reducing the required costs.
Based on information from the Association of Boxing
Commissions, CBO estimates that each boxer would be expected to
pay approximately $15 for a renewable identification card as
required by the bill. Data from the industry indicates that
there are approximately 3,000 active boxers in the United
States. Thus, the cost of this provision is estimated to be
about $45,000.
9. Previous CBO estimate: On August 1, 1995, CBO provided a
cost estimate for S. 187, the Professional Boxing Safety Act,
as ordered reported by the Senate Committee on Commerce,
Science, and Transportation on July 20, 1995. The two bills are
similar; however, H.R. 1186 would require an additional study
by the Department of Health and Human Services. CBO estimates
that both bills would not result in any significant impact on
the federal budget.
10. Estimate prepared by: Federal cost estimate: Rachel
Forward and Stephanie Weiner. Impact on State, local, and
tribal governments: Pepper Santalucia. Impact on the private
sector: Jean Wooster.
11. Estimate approved by: Paul N. Van de Water, Assistant
Director for Budget Analysis.
Inflationary Impact Statement
Pursuant to clause 2(l)(4) of rule XI of the Rules of the
House of Representatives, the Committee finds that the bill
would have no inflationary impact.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
Section-by-Section Analysis of the Legislation
Section 1. Short title
Section 1 sets forth the title of the Act as the
``Professional Boxing Safety Act of 1996''.
Section 2. Definitions
Section 2 sets forth the definitions used in the Act.
The Committee intends that ``boxing commissions'' can be
any entity, private or public, that is authorized under State
law to regulate professional boxing, so long as such entity
does not violate the conflict of interest provisions in Section
9 of this Act.
``Boxer registries'' are intended by the Committee to be
the data banks for receiving and distributing information on
the current status of licensed boxers. The Florida State
Athletic Commission is currently receiving and distributing
free updates on all suspended boxers in the United States. The
Association of Boxing Commissions currently retains Fight Fax,
Inc. as its record keeper. The Committee intends that the
Association of State Boxing Commissions may designate any
reasonable number of appropriate entities which can receive and
distribute, for a fee or free-of-charge, the information
required to be reported under Section 8.
The Committee recognizes that the definition of
``physician'' may encompass authorized doctors with practice
specialties unrelated to typical boxing injuries, and expects
that States shall further qualify and refine what types of
physicians are most effective at ringside.
``Professional boxing matches'' involve two unarmed
individuals physically striking each other with gloved fists
with intent to cause harm as a sport for the purpose of
receiving financial compensation. Professional boxing is not
intended to include amateur competitions which are governed by
USA Boxing, such as Olympic boxing, collegiate boxing, police
athletic leagues, Golden Gloves, Silver Gloves, Local Boxing
Committees, and other forms of local competitions which may
involve nominal stipends for living and training expenses for
members, but not cash prizes for individual competitions.
The term ``promoter'' is not intended to include entities
such as resorts that may participate to a minor extent in
advertising the match, or other owners or operators of a venue
where a match is taking place, where such entities are not
primarily responsible for promoting the particular match in
question.
Section 3. Purposes
The purposes of the Act are to improve professional boxing
safety standards and to assist States and their boxing
commissions in providing appropriate regulatory oversight of
professional boxing.
Section 4. Boxing matches in States without boxing commissions
States are not required to establish or authorize boxing
commissions. A professional boxing match may be held in a State
without a boxing commission, but only if such match is
supervised by a boxing commission authorized in another State.
The match is then subject to the requirements both of the State
of the supervising commission and the most recent version of
the recommended regulatory guidelines certified and published
by the Association of Boxing Commissions. It is anticipated
that the Association of Boxing Commissions shall certify and
publish a set of such guidelines before the July 1, 1997,
effective date of Sections 5-9 of this Act, and that such
guidelines shall be periodically updated as appropriate.
Section 5. Safety standards
There are four safety standards required before a
professional boxing match may take place: (1) each boxer must
obtain a physical examination by a physician certifying that
the boxer is physically fit to compete safely, with copies of
the certification provided to the boxing commission; (2) an
ambulance or medical personnel with appropriate resuscitation
equipment must be continuously present on site; (3) a physician
must be present continuously at ringside; and (4) health
insurance must be provided for each boxer to cover injuries
sustained during a match.
Boxing commissions are given full latitude as to the manner
in which the standards are to be carried out, and may adopt
alternative requirements that provide equivalent protection of
boxers' health and safety. For example, different boxing
commissions may develop different requirements as to which
persons involved in a match are responsible for making any
payments necessary to ensure that the standards are met.
While each boxing commission is responsible for developing
regulations to implement these standards for boxing matches
under its supervision, all four requirements must be met for a
match to occur. Any individual who participates in the match,
whether as a promoter, matchmaker, or boxer, who knows that one
of these standards is not being met is subject to criminal
penalties as set forth in Section 10.
With respect to the first standard, the Committee expects
that boxing commissions and the Association of Boxing
Commissions shall require that such examination take place
within a certain short time period before the match, as each
entity considers appropriate. With respect to the second
standard (ambulance/medical personnel), boxing commissions may
adopt different regulations if expressly promulgated subsequent
to the enactment of this Act, as appropriate to adapt to the
needs and abilities of local venues. In essence, it is the
intent of the Committee that the second standard be a default
minimum requirement, adaptable to future needs of local
communities as expressly determined by each commission.
With respect to the fourth requirement, the Committee
recognizes that many boxing commissions currently do not
require health insurance to be provided to boxers in their
jurisdictions. Boxing by necessity involves serious risk of
injury, both in training and during a match. To ensure the long
term health and safety of boxers, as well as to reduce the
burdens placed on Federal health care programs as a result of
inadequate health care coverage for boxers, each boxing
commission is effectively required to determine the appropriate
type and amounts of health insurance that should be provided to
boxers who fight under its supervision.
Section 6. Registration
Each boxer must register in the State in which he or she is
a legal resident. If a boxer is a legal resident of a foreign
country or a State which does not have an authorized boxing
commission, then he or she can register in any State with an
authorized boxing commission. Upon registration, the boxing
commission shall issue to the boxer an identification card that
contains: (A) a recent photograph of the boxer; (B) the boxer's
social security number (or any similar identification number
for foreign boxers), and (C) a personal identification number
assigned to the boxer by a boxing registry (which may be the
same as the boxer's social security number).
Each boxer is responsible for renewing the identification
card at least once every two years, or more frequently as
required by the boxing commission in the State where the boxer
resides. The boxer must present his or her identification card
before a match to the supervising boxing commission, no later
than the time of the weigh-in.
Section 7. Review
Each boxing commission must establish procedures to
evaluate the professional records of each boxer (as obtained
through a boxing registry) before a match, as well as the
physician's certification that a boxer is physically fit to
compete (as provided under Section 5(a)(1) of this Act). A
boxing commission shall be able to deny authorization for a
boxer to fight, based solely on such evaluation.
A boxing commission must deny a boxer the authority to
fight if such boxer is 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.
Each boxing commission must further adopt procedures to
allow a boxer to appeal a suspension ordered by such
commission. The appeal shall include, at a minimum, the right
of a boxer to present contradictory evidence. The suspension
must be revoked by the boxing commission if the boxer provides
proof of a sufficiently improved medical or physical condition
(where the suspension was based on reasons (A) or (B) above),
or that such suspension was not, or is no longer, merited by
the facts. The Committee expects each boxing commission to set
forth in its procedures the process and standards for review
and to make such procedures publicly available. The Association
of Boxing Commissions has agreed to publish guidelines for
commission review procedures, as well as establishing its own
suspension review system for appeals by boxers wishing to fight
in States in which they have not yet been suspended.
Subsection (b) allows a boxing commission to authorize a
boxer to fight despite a suspension by another boxing
commission, but only under limited circumstances. If the boxer
is suspended for any of the reasons listed above (paragraphs A-
D of Section 7(a)(2)), then such reprieve may only be granted
if the boxer successfully appeals to the Association of Boxing
Commissions. The Association of Boxing Commissions may grant
such appeal if it determines that the suspension 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.
This provision is intended to prevent a corrupt or careless
commission from destroying the professional career of a boxer
by allowing the boxer to make an out-of-State appeal to be able
to fight outside the State of the suspending commission.
Subsection (b) further allows a boxing commission to
authorize a boxer to fight despite a suspension by another
boxing commission for reasons other than those listed in
paragraphs A-D of Section 7(a)(2), if the commission consults
with and provides written notification to the suspending boxing
commission. This provision is intended to address situations
unrelated to a boxer's health or safety, such as (but not
limited to) suspensions for failure to pay certain
administrative or other fees or fines. The consultation and
written notification provide a minimum level of investigation
necessary for a boxing commission to determine the exact nature
of the suspension, while allowing each commission to determine
whether the offense is sufficiently grave to automatically
disqualify the boxer from fighting in that State.
Section 8. Reporting
A boxing commission must report the results of each match
that it supervises, including any related suspensions, within
48 hours, not including weekends and holidays, to each boxer
registry (as certified by the Association of Boxing
Commissions).
Section 9. Conflicts of interest
Boxing commission members and employees, and members of the
Association of Boxing Commissions, and any other persons who
administer or enforce State boxing laws, may not be formally
associated with or contracted to receive compensation from
boxing promoters, managers, sanctioning bodies, or other
persons with a financial interest in any active boxer. The
Committee recognizes that many current commissioners and
commission employees are fully involved in all aspects of
boxing, both for personal interest and as a profit-making
activity. While most of these individuals are honest and
benefit their commissions with continued hands-on expertise in
the sport, the Committee believes that a bright-line
prohibition is necessary to begin to curb the numerous
conflicts of interest that are severely corrupting the sport of
boxing.
The provision excepts from the conflict of interest test,
however, funds held in escrow for payment to another person in
connection with a match. For example, promoters of a match are
often required to deposit payments for referees, judges,
ringside physicians and other individuals involved in a match
directly with the supervising commission. The commission holds
these funds until the completion of the match, at which time it
distributes the payments to the various officials.
The provision also excepts contracts and reasonable
compensation received by a boxing commission to supervise an
out-of-State match, as described in Section 4.
Section 10. Enforcement
The Attorney General of the United States is authorized to
bring a civil action in the appropriate district court of the
United States where the Attorney General has reason to believe
that a person is engaged in a violation of this Act. The relief
requested shall be as the Attorney General determines to be
necessary to prevent the continued violation of this Act,
including a temporary or permanent injunction or restraining
order.
The Attorney General may also bring criminal charges
against a manager, promoter, matchmaker, or licensee who
knowingly violates, or coerces or causes any other person to
violate, the provisions of this Act. Charges may also be
brought against any member or employee of a boxing commission
or the Association of Boxing Commissions who knowingly violates
the conflict of interest provisions (Section 9) of this Act.
The penalties for conviction of such offenses shall be
imprisonment for not more than 1 year, or fines of not more
than $20,000. The Attorney General may also charge an
individual who violates this Act in his or her capacity as a
boxer with penalties upon conviction of fines not to exceed
$1,000.
Section 11. Notification of supervising boxing commission
A promoter who intends to hold a boxing match in a State
without an authorized boxing commission must contract with an
authorized boxing commission from another State (as set forth
in Section 4) to supervise the match. The promoter must provide
written notification to such commission, at least 14 days
before the match, of the names of any person involved in the
match that are under suspension from any boxing commission (and
the identity of such commissions), as well as providing
assurances that all applicable requirements of this Act will be
met with respect to the match.
Section 12. Studies
Two studies are authorized to provide future guidance for
improving the long-term health and safety of boxers. The first
study directs the Secretary of Labor to determine the
feasibility and cost of creating a national pension system for
boxers, including identification of potential funding sources.
The second study shall develop recommendations for health,
safety, and equipment standards for the sport of boxing and
shall be performed by the Department of Health and Human
Services, presumably within the National Institute for
Occupational Safety and Health.
Section 13. Professional boxing matches conducted on Indian
reservations
Tribal organizations of American Indian tribes may
authorize a boxing match to be held within their territory, and
may chose to either supervise the match directly, or enter into
a contract with an authorized boxing commission of any State to
supervise a match. The tribal organization is then responsible
for implementing health and safety standards, licensing
requirements, and other requirements as set forth in Sections
5-9 of this Act that are at least as restrictive as either the
otherwise applicable standards and requirements of a State in
which the reservation is located, if such State has an
authorized boxing commission, or of the most recent regulations
published and certified by the Association of Boxing
Commissions.
Section 14. Relationship with State law
This provision allows States to adopt supplemental or more
stringent regulations that are not inconsistent with this Act.
It further clarifies that States may authorize additional
criminal, civil, and administrative fines for violations of
this Act or other local regulations.
Section 15. Effective date
Section 9 on conflicts of interest shall not apply to the
Commonwealth of Virginia until after the contract of the
current boxing commission expires on July 1, 1998. Sections 5
through 9 of the Act shall otherwise take effect on July 1,
1997. The remaining sections shall become effective January 1,
1997.
Changes in Existing Law Made by the Bill, as Reported
This legislation does not amend any existing Federal
statute.