II
104TH CONGRESS
2D SESSION
H. R. 4167
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 26, 1996
Received
AN ACT
To provide for the safety of journeymen boxers, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives 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’’.
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(8) PROFESSIONAL BOXING MATCH.—The term
‘‘professional boxing match’’ means a boxing contest
held in the United States between individuals for fi-
nancial 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, pro-
moting, 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 pro-
vide proper oversight for the professional boxing in-
dustry 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
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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 Asso-
ciation 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 re-
quirement in effect under regulations of a boxing commis-
sion 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 promul-
gated subsequent to the enactment of this Act, an
ambulance or medical personnel with appropriate re-
suscitation equipment continuously present on site.
(3) A physician continuously present at ring-
side.
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(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 ac-
cordance 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 profes-
sional boxer number from the country of resi-
dence of the boxer).
(C) A personal identification number as-
signed to the boxer by a boxing registry.
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(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 ap-
propriate 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 es-
tablish 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 pro-
vided 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 consecu-
tive losses;
(B) an injury, requirement for a medical
procedure, or physician denial of certification;
(C) failure of a drug test; or
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(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 sus-
pending State’s boxing commission prior to the
grant of approval for such individual to participate
in that professional boxing match; or
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(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 im-
proper 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 finan-
cial 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 profes-
sional boxing match. The prohibition set forth in this sec-
tion shall not apply to any contract entered into, or any
reasonable compensation received, by a boxing commission
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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 Gen-
eral determines to be necessary to restrain the person
from continuing to engage in, sanction, promote, or other-
wise participate in a professional boxing match in violation
of this Act.
(b) CRIMINAL PENALTIES.—
(1) MANAGERS, PROMOTERS, MATCHMAKERS,
AND LICENSEES.—Any manager, promoter, match-
maker, and licensee who knowingly violates, or co-
erces or causes any other person to violate, any pro-
vision of this Act shall, upon conviction, be impris-
oned 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
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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 vio-
lates any provision of this Act shall, upon conviction,
be fined not more than $1,000.
SEC. 11. NOTIFICATION OF SUPERVISING BOXING COMMIS-
SION.
Each promoter who intends to hold a professional
boxing match in a State that does not have a boxing com-
mission shall, not later than 14 days before the intended
date of that match, provide written notification to the su-
pervising boxing commission designated under section 4.
Such notification shall contain each of the following:
(1) Assurances that, with respect to that pro-
fessional 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 par-
ticipating in the event.
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(3) For any individual listed under paragraph
(2), the identity of the boxing commission that is-
sued 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 Sec-
retary of Health and Human Services shall conduct a
study to develop recommendations for health, safety, and
equipment standards for boxers and for professional box-
ing matches.
(c) REPORTS.—Not later than one year after the date
of enactment of this Act, the Secretary of Labor shall sub-
mit 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 pur-
suant to subsection (b).
SEC. 13. PROFESSIONAL BOXING MATCHES CONDUCTED ON
INDIAN RESERVATIONS.
(a) DEFINITIONS.—For purposes of this section, the
following definitions shall apply:
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(1) INDIAN TRIBE.—The term ‘‘Indian tribe’’
has the same meaning as in section 4(e) of the In-
dian 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 jurisdic-
tion.
(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 organiza-
tion—
(A) regulate professional boxing matches
held within the reservation under the jurisdic-
tion 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
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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 require-
ments 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 reserva-
tion 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 adopt-
ing 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 Janu-
ary 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.
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(2) Sections 5 through 9 shall take effect on
July 1, 1997.
Passed the House of Representatives September 25,
1996.
Attest:
ROBIN H. CARLE,
Clerk.
By JEFF TRANDAHL,
Assistant to the Clerk.