I

104TH CONGRESS

1ST SESSION S. 187

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 1, 1995

Referred to the Committee on Economic and Educational Opportunities, and

in addition to the Committee on Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such

provisions as fall within the jurisdiction of the committee concerned

AN ACT

To provide for the safety of journeymen boxers, and for

other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Professional Boxing

5 Safety Act of 1995’’.
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1 SEC. 2. DEFINITIONS.

2 For purposes of this Act, the following definitions

3 shall apply:

4 (1) BOXER.—The term ‘‘boxer’’ means a person

5 who participates in a professional boxing match.

6 (2) LICENSEE.—The term ‘‘licensee’’ means an

7 individual who serves as a trainer, second, or cut

8 man for a professional boxer.

9 (3) MANAGER.—The term ‘‘manager’’ means a

10 person or business that helps arrange professional

11 boxing matches for a boxer, and that serves as an

12 advisor or representative of a boxer in a professional

13 capacity.

14 (4) MATCHMAKER.—The term ‘‘matchmaker’’

15 means a person or business that proposes, selects,

16 and arranges the boxers to participate in a profes17 sional boxing match.

18 (5) PROFESSIONAL BOXING MATCH.—The term

19 ‘‘professional boxing match’’—

20 (A) means a boxing contest held in the

21 United States between individuals for com22 pensation or a prize; and

23 (B) does not include any amateur boxing

24 match.

25 (6) PROMOTER.—The term ‘‘promoter’’ means

26 a person or business that organizes, holds, adver-
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1 tises, or otherwise conducts a professional boxing

2 match.

3 (7) STATE BOXING COMMISSION.—The term

4 ‘‘State boxing commission’’ means a State agency

5 with authority to regulate professional boxing.

6 SEC. 3. PURPOSES.

7 The purposes of this Act are—

8 (1) to improve and expand the system of safety

9 precautions that protects the welfare of professional

10 boxers; and

11 (2) to assist State boxing commissions to pro12 vide proper oversight for the professional boxing in13 dustry in the United States.

14 SEC. 4. PROFESSIONAL BOXING MATCHES.

15 (a) IN GENERAL.—

16 (1) REQUIREMENTS.—Subject to subsection (b),

17 a professional boxing match may be held in the

18 United States only if—

19 (A)(i) the State in which the professional

20 boxing match is to be held has a State boxing

21 commission;

22 (ii) the State has entered into a contract

23 with a private organization to carry out the du24 ties of a State boxing commission in accordance

25 with the applicable requirements of this Act; or
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1 (iii) the promoter who seeks to put on a

2 professional boxing match in a State that does

3 not have a boxing commission has entered into

4 an agreement with the chief administrative offi5 cer of a State that has a boxing commission to

6 oversee the boxing match;

7 (B) a licensed practicing physician, whose

8 services are paid by the promoter, is continu9 ously present at the ringside of the professional

10 boxing match;

11 (C) the promoter has, in accordance with

12 this subsection, provided—

13 (i) for a physical examination of each

14 boxer who participates in the professional

15 boxing match by a licensed practicing phy16 sician, to ensure that each such boxer is

17 physically fit to compete in the boxing

18 match; and

19 (ii)(I) for an ambulance to be continu20 ously present at the site of the boxing

21 match; or

22 (II) if applicable, notice in accordance

23 with paragraph (2); and
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1 (D) the State boxing commission has es2 tablished procedures to carry out sections 5

3 through 8.

4 (2) AMBULANCE SERVICE.—

5 (A) IN GENERAL.—In any case in which

6 an applicable State law does not require that an

7 ambulance be continuously present in the imme8 diate vicinity of a professional boxing match, if

9 the promoter for that boxing match does not

10 choose to provide for such an ambulance, the

11 promoter shall, not later than 24 hours before

12 that boxing match, notify the nearest available

13 ambulance service (including any appropriate

14 emergency medical service) of that boxing

15 match.

16 (B) COSTS.—The promoter for a profes17 sional boxing match shall pay the cost of any

18 ambulance service provided in conjunction with

19 the conduct of that boxing match.

20 (b) REQUIREMENTS FOR PRIVATIZATION.—

21 (1) MONITORING AND EVALUATION.—If a State

22 enters into a contract with a private organization to

23 carry out the duties of a State boxing commission

24 specified in this Act, the State shall provide for—
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1 (A) continual monitoring of the activities

2 of the private organization that are the subject

3 of the contract; and

4 (B) regular evaluations by the State of the

5 activities referred to in subparagraph (A).

6 (2) CANCELLATION OF PROFESSIONAL BOXING

7 MATCHES.—If a State enters into a contract with a

8 private organization under paragraph (1), notwith9 standing that contract, the chief administrative offi10 cer of that State may cancel a professional boxing

11 match without consulting the private organization if

12 that chief administrative officer determines that—

13 (A) the private organization is not per14 forming the obligations of that organization

15 that are specified in the contract in a manner

16 that is satisfactory to the chief administrative

17 officer; or

18 (B) the cancellation of the professional

19 boxing match is necessary to protect public

20 health, safety, or welfare.

21 SEC. 5. REGISTRATION.

22 (a) REQUIREMENTS.—Each professional boxer shall

23 register with—

24 (1) the State boxing commission of the State in

25 which such boxer resides (or if the State has in ef-
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1 fect a contract with a private organization described

2 in section 4(b), that private organization); or

3 (2) in the case of a boxer who is a resident of

4 a foreign country, or a State in which there is no

5 State boxing commission and in which no private or6 ganization is carrying out the duties of a State box7 ing commission pursuant to a contract described in

8 section 4(b), the State boxing commission of any

9 State that has such a commission or a private orga10 nization that carries out a contract described in sec11 tion 4(b).

12 (b) IDENTIFICATION CARD.—

13 (1) ISSUANCE.—A State boxing commission or

14 a private organization that carries out a contract de15 scribed in section 4(b) shall issue to each profes16 sional boxer who registers in accordance with sub17 section (a), an identification card that contains—

18 (A) a recent photograph of the boxer;

19 (B) the social security number of the boxer

20 (or, in the case of a foreign boxer, any similar

21 citizen identification number or professional

22 boxer number from the country of residence of

23 the boxer); and

24 (C) each personal identification number as25 signed to the boxer by a boxing registry cer-
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1 tified by the Association of Boxing Commis2 sioners.

3 (2) RENEWAL.—Each professional boxer shall

4 renew his or her identification card at least once

5 every 3 years.

6 (3) PRESENTATION.—Each professional boxer

7 shall present his or her identification card to the ap8 propriate State boxing commission or private organi9 zation that carries out a contract described in sec10 tion 4(b) not later than the time of the weigh-in for

11 a professional boxing match.

12 (c) RELATION TO STATE LAW.—Nothing in this sec13 tion shall be construed as preventing a State from apply14 ing additional registration requirements.

15 SEC. 6. REVIEW.

16 Each State boxing commission and each private orga17 nization that carries out a contract described in section

18 4(b) shall establish procedures—

19 (1) to evaluate the professional records of each

20 boxer participating in a boxing match in the State;

21 (2) to ensure that no boxer is permitted to box

22 while under suspension from any State boxing com23 mission due to injury or other medical-related rea24 son, including—
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1 (A) a recent knockout, injury, or require2 ment for a medical procedure;

3 (B) failure of a drug test;

4 (C) poor boxing skills, or the inability to

5 safely compete; or

6 (D) the use of false aliases, or falsifying,

7 or attempting to falsify, official identification

8 cards or documents; and

9 (3) to ensure that if such commission (or pri10 vate organization) is considering permitting a boxer,

11 promoter, manager, or other licensee to participate

12 in a professional boxing match while the individual

13 is under suspension from any State for any reason

14 other than a reason listed in paragraph (2), such

15 commission (or private organization) shall notify and

16 consult with the chief administrative officer of the

17 State that ordered the suspension prior to the grant

18 of approval for such individual to participate in that

19 professional boxing match.

20 SEC. 7. INSURANCE.

21 Each State, acting through the State boxing commis22 sion of the State or private organization that carries out

23 the regulation of professional boxing matches for that

24 State (if the State has in effect a contract described in

25 section 4(b) with that private organization), shall require
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1 that a promoter provide insurance coverage, in an amount

2 determined by the appropriate State official or entity, for

3 each boxer who participates in a professional boxing match

4 that the promoter is involved in conducting to cover an

5 injury sustained while engaged in that match.

6 SEC. 8. REPORTING.

7 (a) BOXING MATCH RESULTS.—Not later than 48

8 business hours (excluding Saturdays and Sundays) after

9 the conclusion of a professional boxing match, the results

10 of such boxing match shall be reported—

11 (1) to each professional boxing registry certified

12 by the Association of Boxing Commissions; and

13 (2) to the Florida State Athletic Commission.

14 (b) SUSPENSIONS.—Not later than 48 business hours

15 (excluding Saturdays and Sundays) after a State boxing

16 commission orders the suspension of a boxer, promoter,

17 or manager, such suspension shall be reported—

18 (1) to each professional boxing registry certified

19 by the Association of Boxing Commissions; and

20 (2) to the Florida State Athletic Commission.

21 (c) ALTERNATE REPORTING ENTITY.—If the State

22 of Florida ceases, for any reason, to publish and circulate

23 a national suspension list at no cost to other States on

24 a frequent basis, the Association of Boxing Commissions

25 shall select a different public or private entity to volun-
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1 tarily undertake to compile and circulate a suspension list

2 to all State boxing commissions at no cost to the States.

3 SEC. 9. ENFORCEMENT.

4 (a) INJUNCTIONS.—Whenever a United States Attor5 ney in a State has reasonable cause to believe that a per6 son or entity is engaged in a violation of this Act in such

7 State, the United States Attorney may bring a civil action

8 in the appropriate district court of the United States re9 questing such relief, including a permanent or temporary

10 injunction, restraining order, or other order, against the

11 person or entity, as the United States Attorney determines

12 to be necessary to restrain the person or entity from con13 tinuing to engage in, or to sanction, a professional boxing

14 match in violation of this Act.

15 (b) CRIMINAL PENALTIES.—

16 (1) MANAGERS, PROMOTERS, MATCHMAKERS,

17 AND LICENSEES.—Each manager, promoter, match18 maker, and licensee who knowingly and willfully vio19 lates any provision of this Act shall, upon conviction,

20 be imprisoned for not more than 1 year or fined not

21 more than $20,000, or both.

22 (2) BOXERS.—Any professional boxer who

23 knowingly and willfully violates any provision of this

24 Act shall, upon conviction, be fined not more than

25 $1,000.
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1 (c) DESIGNATED UNITED STATES ATTORNEY.—The

2 Attorney General of the United States shall, for each

3 State, designate a United States Attorney that has an of4 fice in that State, to serve, in consultation with the State

5 boxing commission of that State (or, in the absence of a

6 State boxing commission, the appropriate official of the

7 Association of Boxing Commissions)—

8 (1) as a liaison to respond to allegations con9 cerning violations of this Act; and

10 (2) as a coordinator for any enforcement activ11 ity conducted pursuant to this Act that is carried

12 out by any United States Attorney in that State.

13 SEC. 10. NOTIFICATION OF DESIGNATED UNITED STATES

14 ATTORNEY.

15 Each promoter that intends to hold a professional

16 boxing match in a State that does not have a State boxing

17 commission shall, not later than 14 days before the in18 tended date of that event, provide written notification to

19 the United States Attorney designated under section 9(c)

20 for that State. That notification shall contain—

21 (1) assurances that, with respect to that boxing

22 match, all applicable requirements of this Act will be

23 met;

24 (2) the name, State of residence, and telephone

25 number of the official of a State boxing commission
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1 of another State who will oversee the match pursu2 ant to an agreement described in section

3 4(a)(1)(A)(iii);

4 (3) the name of any individual who, at the time

5 of the submission of the notification—

6 (A) is under suspension from a State box7 ing commission; and

8 (B) will be involved in organizing or par9 ticipating in the event; and

10 (4) with respect to any individual listed under

11 paragraph (3), the State boxing commission to

12 which a suspension described in paragraph (3)(A) is

13 in effect.

14 SEC. 11. CONSULTATION WITH STATE BOXING OFFICIALS

15 BY THE ATTORNEY GENERAL.

16 Not later than 1 year after the date of enactment

17 of this Act, and annually thereafter, to exchange informa18 tion concerning the implementation and enforcement of

19 this Act and to improve the safety and integrity of profes20 sional boxing as a sport, the Attorney General of the Unit21 ed States shall consult with—

22 (1) the appropriate official of the Association of

23 Boxing Commissions;

24 (2) tribal organizations (as that term is defined

25 in section 4(l) of the Indian Self-Determination and
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1 Education Assistance Act (25 U.S.C. 450b(l)) that

2 regulate professional boxing matches; and

3 (3) private organizations that assist in the reg4 ulation of professional boxing matches.

5 SEC. 12. PENSION STUDY.

6 (a) IN GENERAL.—The Secretary of Labor shall con7 duct a study on the feasibility and cost of a national pen8 sion system for professional boxers, including potential

9 funding sources.

10 (b) REPORT.—Not later than 180 days after the date

11 of enactment of this Act, the Secretary of Labor shall sub12 mit a report to the Congress on the findings of the study

13 conducted pursuant to subsection (a).

14 SEC. 13. PROFESSIONAL BOXING MATCHES CONDUCTED ON

15 INDIAN RESERVATIONS.

16 (a) DEFINITIONS.—For purposes of this section, the

17 following definitions shall apply:

18 (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’

19 has the same meaning as in section 4(e) of the In20 dian Self-Determination and Education Assistance

21 Act (25 U.S.C. 450b(e)).

22 (2) RESERVATION.—The term ‘‘reservation’’

23 means the geographically defined area over which a

24 tribal organization exercises governmental jurisdic25 tion.
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1 (3) TRIBAL ORGANIZATION.—The term ‘‘tribal

2 organization’’ has the same meaning as in section

3 4(l) of the Indian Self-Determination and Education

4 Assistance Act (25 U.S.C. 450b(l)).

5 (b) REQUIREMENTS.—

6 (1) IN GENERAL.—Notwithstanding any other

7 provision of law, a tribal organization of an Indian

8 tribe may, upon the initiative of the tribal organiza9 tion—

10 (A) regulate professional boxing matches

11 held within the reservation under the jurisdic12 tion of that tribal organization; and

13 (B) carry out that regulation or enter into

14 a contract with a private organization to carry

15 out that regulation.

16 (2) STANDARDS AND LICENSING.—If a tribal

17 organization regulates boxing matches pursuant to

18 paragraph (1), the tribal organization shall, by tribal

19 ordinance or resolution, establish and provide for the

20 implementation of health and safety standards, li21 censing requirements, and other requirements relat22 ing to the conduct of professional boxing matches

23 that are at least equivalent to—
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1 (A) the otherwise applicable standards and

2 requirements of each State in which the res3 ervation is located; or

4 (B) if no State in which the reservation is

5 located has established any such standard or re6 quirement—

7 (i) the standards and requirements of

8 any other State that has established a

9 State boxing commission that carries out

10 the requirements of this Act; or

11 (ii) the most recently published ver12 sion of the recommended regulatory guide13 lines issued by the Association of Boxing

14 Commissions.

Passed the Senate October 31, 1995.

Attest: KELLY D. JOHNSTON,

Secretary.

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