I

103D CONGRESS

1ST SESSION H. R. 812

To establish the Congressional Advisory Commission on Amateur Boxing

and to amend title 18, United States Code, to prohibit the participation

in and promotion of professional boxing.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 4, 1993

Mr. GONZALEZ submitted the following bill; which was referred jointly to the

Committees on Education and Labor, Energy and Commerce, and the

Judiciary

A BILL

To establish the Congressional Advisory Commission on

Amateur Boxing and to amend title 18, United States

Code, to prohibit the participation in and promotion of

professional boxing.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 TITLE I—CONGRESSIONAL ADVISORY

4 COMMISSION ON AMATEUR BOXING

5 SEC. 101. SHORT TITLE.

6 This title may be cited as the ‘‘Congressional Advi7 sory Commission on Amateur Boxing Act of 1993’’.
2

HR 812 IH

1 SEC. 102. ESTABLISHMENT.

2 There is established a Commission to be known as

3 the Congressional Advisory Commission on Amateur Box4 ing (in this title referred to as the ‘‘Commission’’).

5 SEC. 103. PURPOSE.

6 The purpose of the Commission is to conduct studies

7 and make legislative recommendations to the Congress

8 based on the studies regarding the establishment of Fed9 eral standards for amateur boxing matches held in the

10 United States.

11 SEC. 104. MEMBERSHIP AND ORGANIZATION.

12 (a) NUMBER AND APPOINTMENT.—The Commission

13 shall be composed of ten members as follows:

14 (1) HEALTH OFFICIALS.—Two members, one

15 appointed by the Speaker of the House of Rep16 resentatives and one appointed by the majority lead17 er of the Senate, from a list of six individuals nomi18 nated for appointment jointly by the American Medi19 cal Association and the Association of Ringside Phy20 sicians.

21 (2) STATE ATHLETIC COMMISSIONER.—One

22 member appointed by the Speaker of the House of

23 Representatives from among individuals who are or

24 have been employed as State athletic commissioners.

25 (3) AMATEUR BOXING FEDERATION.—One

26 member appointed by the majority leader of the Sen-
3

HR 812 IH

1 ate from among individuals who are members of the

2 United States of America Amateur Boxing Federa3 tion, Incorporated.

4 (4) MEDIA.—One member appointed by the

5 Speaker of the House of Representatives from

6 among individuals who are employed in the media

7 and are knowledgeable about boxing.

8 (5) AMATEUR BOXER.—One member appointed

9 by the majority leader of the Senate from among in10 dividuals with special interests or experience in ama11 teur boxing.

12 (6) PROFESSIONAL BOXERS.—Four members,

13 two appointed by the Speaker of the House of Rep14 resentatives and two appointed by the majority lead15 er of the Senate, from among individuals with spe16 cial interests or experience in professional boxing.

17 (b) CHAIRMAN AND VICE CHAIRMAN.—The Chair18 man of the Commission shall be designated by the Speaker

19 of the House of Representatives. The Vice Chairman of

20 the Commission shall be designated by the majority leader

21 of the Senate.

22 (c) BASIC PAY.—

23 (1) MEMBERS.—Except as provided in para24 graph (2), members of the Commission shall each be

25 paid at a rate not to exceed the daily equivalent of
4

HR 812 IH

1 the minimum annual rate of basic pay in effect for

2 grade GS–13 of the General Schedule for each day

3 (including travel time) during which they are en4 gaged in the actual performance of duties vested in

5 the Commission.

6 (2) CHAIRMAN AND VICE CHAIRMAN.—The

7 Chairman and the Vice Chairman of the Commission

8 shall be paid at a rate not to exceed the daily equiv9 alent of the minimum annual rate of basic pay in ef10 fect for grades GS–15 and GS–14 of the General

11 Schedule, respectively, for each day (including travel

12 time) during which they are engaged in the actual

13 performance of duties vested in the Commission.

14 (d) ORGANIZATIONAL MEETING.—

15 (1) TIME AND PURPOSE.—Not later than thirty

16 days after all members have been appointed to the

17 Commission, the Commission shall hold an organiza18 tional meeting to establish the rules and procedures

19 necessary to carry out its responsibilities under this

20 title subject to paragraph (2).

21 (2) RULES AND PROCEDURES.—The rules and

22 procedures shall provide that—

23 (A) all Commission meetings shall be open

24 to the public;
5

HR 812 IH

1 (B) one-half of the total Commission mem2 bership shall constitute a quorum; and

3 (C) a majority of members voting shall be

4 required to authorize any recommendation or

5 other official action of the Commission.

6 SEC. 105. ADMINISTRATIVE POWERS.

7 (a) APPOINTMENT AND COMPENSATION OF STAFF.—

8 (1) IN GENERAL.—Subject to rules prescribed

9 by the Commission, the Chairman may appoint and

10 fix the pay of staff as the Chairman considers ap11 propriate.

12 (2) APPLICABILITY OF CERTAIN CIVIL SERVICE

13 LAWS.—The staff of the Commission shall be ap14 pointed subject to the provisions of title 5, United

15 States Code, governing appointments in the competi16 tive service, and shall be paid in accordance with the

17 provisions of chapter 51 and subchapter III of chap18 ter 53 of such title relating to classification and

19 General Schedule pay rates.

20 (b) EXPERTS AND CONSULTANTS.—Subject to rules

21 prescribed by the Commission, the Chairman may procure

22 temporary and intermittent services under section 3109(b)

23 of title 5, United States Code.

24 (c) STAFF OF FEDERAL AGENCIES.—Upon request

25 of the Commission, the head of any Federal agency is au-
6

HR 812 IH

1 thorized to detail, on a reimbursable basis, any of the per2 sonnel of the agency to the Commission to assist the Com3 mission in carrying out its duties under this title.

4 (d) MAILS.—The Commission may use the United

5 States mails in the same manner and under the same con6 ditions as other Federal agencies.

7 (e) ADMINISTRATIVE SUPPORT SERVICES.—The Ad8 ministrator of General Services shall provide to the Com9 mission, on a reimbursable basis, administrative support

10 services requested by the Commission.

11 SEC. 106. INVESTIGATIVE POWERS.

12 (a) HEARINGS AND SESSIONS.—The Commission

13 may, for the purpose of carrying out this title, hold such

14 hearings, sit and act at such times and places, take such

15 testimony, and receive such evidence, as the Commission

16 considers appropriate.

17 (b) OBTAINING OFFICIAL DATA.—The Commission

18 may secure directly from any Federal agency information

19 necessary to enable it to carry out this title. Upon request

20 of the Chairman of the Commission, the head of the agen21 cy shall furnish the information to the Commission.

22 (c) SUBPOENA POWER.—

23 (1) ISSUANCE.—The Commission may issue

24 subpoenas requiring the attendance and testimony of

25 witnesses and the production of any evidence that
7

HR 812 IH

1 relates to any matter under investigation by the

2 Commission. The attendance of witnesses and the

3 production of evidence may be required from any

4 place within a judicial district at any designated

5 place of hearing within the judicial district.

6 (2) ENFORCEMENT.—If a person issued a sub7 poena under paragraph (1) refuses to obey the sub8 poena or is guilty of contumacy, any court of the

9 United States within the judicial district within

10 which the hearing is conducted or within the judicial

11 district within which the person is found or resides

12 or transacts business may (upon application by the

13 Commission) order the person to appear before the

14 Commission to produce evidence or to give testimony

15 relating to the matter under investigation. Any fail16 ure to obey the order of the court may be punished

17 by the court as a contempt of the court.

18 (3) MANNER OF SERVICE.—A subpoena of the

19 Commission shall be served in the manner provided

20 for subpoenas issued by a United States district

21 court under the Federal Rules of Civil Procedure for

22 the United States district courts.

23 (4) PLACE OF SERVICE.—All process of any

24 court to which application may be made under this

25 section may be served in the judicial district in
8

HR 812 IH

1 which the person required to be served resides or

2 may be found.

3 SEC. 107. REPORT.

4 Not later than nine months after the organizational

5 meeting of the Commission is held under section 104(d),

6 the Commission shall submit to the Congress a report that

7 contains a detailed statement of the findings and conclu8 sions of the Commission, together with its recommenda9 tions for legislation it considers appropriate with respect

10 to the following:

11 (1) LICENSING REQUIREMENTS.—Licensing re12 quirements, including proficiency standards and

13 evaluation for boxers, promoters, referees, judges,

14 ringside physicians, timekeepers, and all other ring

15 officials.

16 (2) HEALTH AND MEDICAL REQUIREMENTS.—

17 Health and medical requirements, including provi18 sion for prefight testing and examination of referees

19 by physicians and for prefight and postfight testing

20 and examination of boxers by physicians specializing

21 in cardiological, neurological, and ophthalmological

22 treatment.

23 (3) SAFETY AND PERFORMANCE STANDARDS.—

24 Safety requirements and performance standards for

25 equipment and facilities used in boxing matches.
9

HR 812 IH

1 (4) BONDING REQUIREMENTS.—Requirements

2 for bonding of promoters of boxing matches.

3 (5) INSURANCE REQUIREMENTS.—Health, life,

4 and accident insurance requirements for boxers.

5 (6) TRAINING PROGRAMS.—Training programs

6 and standards for referees, judges, and other appro7 priate ring officials.

8 (7) CLASSIFICATION AND RANKING GUIDE9 LINES.—Guidelines and standards governing the

10 classification and ranking of boxers and the estab11 lishment of a national authority to maintain an ac12 curate and current account of the classifications and

13 rankings.

14 (8) NATIONAL DATA BASE.—Establishment of a

15 national data base of information on the health and

16 medical condition, background, and ring record of

17 boxers.

18 (9) REPORTING REQUIREMENTS.—Require19 ments governing the reporting of information needed

20 to fulfill the requirements of paragraphs (7) and (8).

21 (10) FINES AND PENALTIES.—Fines and pen22 alties for violations of the national standards estab23 lished under Federal law.
10

HR 812 IH

1 SEC. 108. TERMINATION.

2 The Commission shall cease to exist sixty days after

3 submitting its report pursuant to section 107.

4 SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

5 There is authorized to be appropriated $2,000,000 to

6 carry out this title.

7 TITLE II—PROHIBITION OF

8 PROFESSIONAL BOXING

9 SEC. 201. SHORT TITLE.

10 This title may be cited as the ‘‘Federal Professional

11 Boxing Prohibition Act of 1993’’.

12 SEC. 202. FINDINGS AND PURPOSE.

13 (a) FINDINGS.—The Congress finds that—

14 (1) although many sports may have higher

15 death and injury rates, the injuries are coincidental

16 to the purpose of the sport; the object of profes17 sional boxing is to inflict pain and physical damage

18 to the extent of rendering the opponent senseless,

19 defenseless, and unconscious;

20 (2) head blows and knockouts, which eventually

21 result in brain damage, are the most prevalent and

22 direct means for a professional boxer to attain vic23 tory;

24 (3) existing medical and safety controls are in25 adequate to prevent chronic brain damage in profes26 sional boxers;
11

HR 812 IH

1 (4) the longer the boxing career of an individ2 ual, the greater the likelihood of brain damage to

3 the individual; and

4 (5) cumulative brain damage in professional

5 boxers is not usually identified until its later stages,

6 when it is generally considered irreversible.

7 (b) PURPOSE.—The purpose of this title is to make

8 unlawful the participation in or promotion of professional

9 boxing in order to save lives, protect the health of prospec10 tive professional boxers, and prevent exploitation of pro11 spective participants in professional boxing.

12 SEC. 203. PROHIBITION OF PARTICIPATION IN OR PRO13 MOTION OF PROFESSIONAL BOXING.

14 (a) IN GENERAL.—Chapter 89 of title 18, United

15 States Code, is amended by inserting after section 1821

16 the following new section:

17 ‘‘§ 1822. Participation in or promotion of professional

18 boxing

19 ‘‘(a) OFFENSE.—Whoever participates in a profes20 sional boxing match in any capacity (including participa21 tion as a coach, fighter, judge, physician, referee, or time22 keeper) or promotes a professional boxing match—

23 ‘‘(1) shall be fined not more than $10,000 or

24 imprisoned for not more than one year, or both; and
12

HR 812 IH

1 ‘‘(2) shall be required to forfeit any financial

2 gain realized or to be realized as a direct result of

3 the professional boxing match.

4 ‘‘(b) DEFINITIONS.—For purposes of this section:

5 ‘‘(1) BOXING.—The term ‘boxing’ means the

6 sport of fighting with fists (with or without boxing

7 gloves).

8 ‘‘(2) PROFESSIONAL BOXING MATCH.—The

9 term ‘professional boxing match’ means a boxing

10 match for which any financial gain (including any

11 salary, gift, prize, or paid expenses) is received for

12 participation in the boxing match. The term does

13 not include an amateur boxing match.

14 ‘‘(3) PROMOTES.—The term ‘promotes’ means

15 initiates, directs, aids, or participates in organizing

16 or financially supporting.

17 ‘‘(c) NONAPPLICABILITY OF STANDARD FINES.—

18 Section 3571 shall not apply to an offense under this sec19 tion.’’.

20 (b) CONFORMING AMENDMENT.—The table of sec21 tions at the beginning of chapter 89 of title 18, United

22 States Code, is amended by inserting after the item relat23 ing to section 1821 the following:

‘‘1822. Participation in or promotion of professional boxing.’’.

Æ