The Cyber Boxing Zone Encyclopedia |
H.R.4167 -- Professional Boxing Safety Act of 1996
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.