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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4167 Enrolled Bill (ENR)]

        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.

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 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 recently published version of the recommended 
        regulatory guidelines certified and published by the 
        Association of Boxing Commissions.

SEC. 14. RELATIONSHIP WITH STATE LAW.

    Nothing in this Act shall prohibit a State from adopting or 
enforcing supplemental or more stringent laws or regulations not 
inconsistent with this Act, or criminal, civil, or administrative fines 
for violations of such laws or regulations.

SEC. 15. EFFECTIVE DATE.

    The provisions of this Act shall take effect on January 1, 1997, 
except as follows:
        (1) Section 9 shall not apply to an otherwise authorized boxing 
    commission in the Commonwealth of Virginia until July 1, 1998.
        (2) Sections 5 through 9 shall take effect on July 1, 1997.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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