H. R. 4167

One Hundred Fourth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday,

the third day of January, one thousand nine hundred and ninety-six

An Act

To provide for the safety of journeymen boxers, and for other purposes.

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.
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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.
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(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
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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).
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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 SelfDetermination 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 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.
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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.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.