Text: S.187 — 104th Congress (1995-1996)All Information (Except Text)

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Referred in House (11/01/1995)

 
[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[S. 187 Referred in House (RFH)]







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.

    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 
1995''.

SEC. 2. DEFINITIONS.

    For purposes of this Act, the following definitions shall apply:
            (1) Boxer.--The term ``boxer'' means a person who 
        participates in a professional boxing match.
            (2) Licensee.--The term ``licensee'' means an individual 
        who serves as a trainer, second, or cut man for a professional 
        boxer.
            (3) Manager.--The term ``manager'' means a person or 
        business that helps arrange professional boxing matches for a 
        boxer, and that serves as an advisor or representative of a 
        boxer in a professional capacity.
            (4) Matchmaker.--The term ``matchmaker'' means a person or 
        business that proposes, selects, and arranges the boxers to 
        participate in a professional boxing match.
            (5) Professional boxing match.--The term ``professional 
        boxing match''--
                    (A) means a boxing contest held in the United 
                States between individuals for compensation or a prize; 
                and
                    (B) does not include any amateur boxing match.
            (6) Promoter.--The term ``promoter'' means a person or 
        business that organizes, holds, advertises, or otherwise 
        conducts a professional boxing match.
            (7) State boxing commission.--The term ``State boxing 
        commission'' means a State agency with authority to regulate 
        professional boxing.

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. PROFESSIONAL BOXING MATCHES.

    (a) In General.--
            (1) Requirements.--Subject to subsection (b), a 
        professional boxing match may be held in the United States only 
        if--
                    (A)(i) the State in which the professional boxing 
                match is to be held has a State boxing commission;
                    (ii) the State has entered into a contract with a 
                private organization to carry out the duties of a State 
                boxing commission in accordance with the applicable 
                requirements of this Act; or
                    (iii) the promoter who seeks to put on a 
                professional boxing match in a State that does not have 
                a boxing commission has entered into an agreement with 
                the chief administrative officer of a State that has a 
                boxing commission to oversee the boxing match;
                    (B) a licensed practicing physician, whose services 
                are paid by the promoter, is continuously present at 
                the ringside of the professional boxing match;
                    (C) the promoter has, in accordance with this 
                subsection, provided--
                            (i) for a physical examination of each 
                        boxer who participates in the professional 
                        boxing match by a licensed practicing 
                        physician, to ensure that each such boxer is 
                        physically fit to compete in the boxing match; 
                        and
                            (ii)(I) for an ambulance to be continuously 
                        present at the site of the boxing match; or
                            (II) if applicable, notice in accordance 
                        with paragraph (2); and
                    (D) the State boxing commission has established 
                procedures to carry out sections 5 through 8.
            (2) Ambulance service.--
                    (A) In general.--In any case in which an applicable 
                State law does not require that an ambulance be 
                continuously present in the immediate vicinity of a 
                professional boxing match, if the promoter for that 
                boxing match does not choose to provide for such an 
                ambulance, the promoter shall, not later than 24 hours 
                before that boxing match, notify the nearest available 
                ambulance service (including any appropriate emergency 
                medical service) of that boxing match.
                    (B) Costs.--The promoter for a professional boxing 
                match shall pay the cost of any ambulance service 
                provided in conjunction with the conduct of that boxing 
                match.
    (b) Requirements for Privatization.--
            (1) Monitoring and evaluation.--If a State enters into a 
        contract with a private organization to carry out the duties of 
        a State boxing commission specified in this Act, the State 
        shall provide for--
                    (A) continual monitoring of the activities of the 
                private organization that are the subject of the 
                contract; and
                    (B) regular evaluations by the State of the 
                activities referred to in subparagraph (A).
            (2) Cancellation of professional boxing matches.--If a 
        State enters into a contract with a private organization under 
        paragraph (1), notwithstanding that contract, the chief 
        administrative officer of that State may cancel a professional 
        boxing match without consulting the private organization if 
        that chief administrative officer determines that--
                    (A) the private organization is not performing the 
                obligations of that organization that are specified in 
                the contract in a manner that is satisfactory to the 
                chief administrative officer; or
                    (B) the cancellation of the professional boxing 
                match is necessary to protect public health, safety, or 
                welfare.

SEC. 5. REGISTRATION.

    (a) Requirements.--Each professional boxer shall register with--
            (1) the State boxing commission of the State in which such 
        boxer resides (or if the State has in effect a contract with a 
        private organization described in section 4(b), that private 
        organization); or
            (2) in the case of a boxer who is a resident of a foreign 
        country, or a State in which there is no State boxing 
        commission and in which no private organization is carrying out 
        the duties of a State boxing commission pursuant to a contract 
        described in section 4(b), the State boxing commission of any 
        State that has such a commission or a private organization that 
        carries out a contract described in section 4(b).
    (b) Identification Card.--
            (1) Issuance.--A State boxing commission or a private 
        organization that carries out a contract described in section 
        4(b) shall issue to each professional boxer who registers in 
        accordance with subsection (a), an identification card that 
        contains--
                    (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); and
                    (C) each personal identification number assigned to 
                the boxer by a boxing registry certified by the 
                Association of Boxing Commissioners.
            (2) Renewal.--Each professional boxer shall renew his or 
        her identification card at least once every 3 years.
            (3) Presentation.--Each professional boxer shall present 
        his or her identification card to the appropriate State boxing 
        commission or private organization that carries out a contract 
        described in section 4(b) not later than the time of the weigh-
        in for a professional boxing match.
    (c) Relation to State Law.--Nothing in this section shall be 
construed as preventing a State from applying additional registration 
requirements.

SEC. 6. REVIEW.

    Each State boxing commission and each private organization that 
carries out a contract described in section 4(b) shall establish 
procedures--
            (1) to evaluate the professional records of each boxer 
        participating in a boxing match in the State;
            (2) to ensure that no boxer is permitted to box while under 
        suspension from any State boxing commission due to injury or 
        other medical-related reason, including--
                    (A) a recent knockout, injury, or requirement for a 
                medical procedure;
                    (B) failure of a drug test;
                    (C) poor boxing skills, or the inability to safely 
                compete; or
                    (D) the use of false aliases, or falsifying, or 
                attempting to falsify, official identification cards or 
                documents; and
            (3) to ensure that if such commission (or private 
        organization) is considering permitting a boxer, promoter, 
        manager, or other licensee to participate in a professional 
        boxing match while the individual is under suspension from any 
        State for any reason other than a reason listed in paragraph 
        (2), such commission (or private organization) shall notify and 
        consult with the chief administrative officer of the State that 
        ordered the suspension prior to the grant of approval for such 
        individual to participate in that professional boxing match.

SEC. 7. INSURANCE.

    Each State, acting through the State boxing commission of the State 
or private organization that carries out the regulation of professional 
boxing matches for that State (if the State has in effect a contract 
described in section 4(b) with that private organization), shall 
require that a promoter provide insurance coverage, in an amount 
determined by the appropriate State official or entity, for each boxer 
who participates in a professional boxing match that the promoter is 
involved in conducting to cover an injury sustained while engaged in 
that match.

SEC. 8. REPORTING.

    (a) Boxing Match Results.--Not later than 48 business hours 
(excluding Saturdays and Sundays) after the conclusion of a 
professional boxing match, the results of such boxing match shall be 
reported--
            (1) to each professional boxing registry certified by the 
        Association of Boxing Commissions; and
            (2) to the Florida State Athletic Commission.
    (b) Suspensions.--Not later than 48 business hours (excluding 
Saturdays and Sundays) after a State boxing commission orders the 
suspension of a boxer, promoter, or manager, such suspension shall be 
reported--
            (1) to each professional boxing registry certified by the 
        Association of Boxing Commissions; and
            (2) to the Florida State Athletic Commission.
    (c) Alternate Reporting Entity.--If the State of Florida ceases, 
for any reason, to publish and circulate a national suspension list at 
no cost to other States on a frequent basis, the Association of Boxing 
Commissions shall select a different public or private entity to 
voluntarily undertake to compile and circulate a suspension list to all 
State boxing commissions at no cost to the States.

SEC. 9. ENFORCEMENT.

    (a) Injunctions.--Whenever a United States Attorney in a State has 
reasonable cause to believe that a person or entity is engaged in a 
violation of this Act in such State, the United States Attorney 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 or 
entity, as the United States Attorney determines to be necessary to 
restrain the person or entity from continuing to engage in, or to 
sanction, a professional boxing match in violation of this Act.
    (b) Criminal Penalties.--
            (1) Managers, promoters, matchmakers, and licensees.--Each 
        manager, promoter, matchmaker, and licensee who knowingly and 
        willfully violates 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) Boxers.--Any professional boxer who knowingly and 
        willfully violates any provision of this Act shall, upon 
        conviction, be fined not more than $1,000.
    (c) Designated United States Attorney.--The Attorney General of the 
United States shall, for each State, designate a United States Attorney 
that has an office in that State, to serve, in consultation with the 
State boxing commission of that State (or, in the absence of a State 
boxing commission, the appropriate official of the Association of 
Boxing Commissions)--
            (1) as a liaison to respond to allegations concerning 
        violations of this Act; and
            (2) as a coordinator for any enforcement activity conducted 
        pursuant to this Act that is carried out by any United States 
        Attorney in that State.

SEC. 10. NOTIFICATION OF DESIGNATED UNITED STATES ATTORNEY.

    Each promoter that intends to hold a professional boxing match in a 
State that does not have a State boxing commission shall, not later 
than 14 days before the intended date of that event, provide written 
notification to the United States Attorney designated under section 
9(c) for that State. That notification shall contain--
            (1) assurances that, with respect to that boxing match, all 
        applicable requirements of this Act will be met;
            (2) the name, State of residence, and telephone number of 
        the official of a State boxing commission of another State who 
        will oversee the match pursuant to an agreement described in 
        section 4(a)(1)(A)(iii);
            (3) the name of any individual who, at the time of the 
        submission of the notification--
                    (A) is under suspension from a State boxing 
                commission; and
                    (B) will be involved in organizing or participating 
                in the event; and
            (4) with respect to any individual listed under paragraph 
        (3), the State boxing commission to which a suspension 
        described in paragraph (3)(A) is in effect.

SEC. 11. CONSULTATION WITH STATE BOXING OFFICIALS BY THE ATTORNEY 
              GENERAL.

    Not later than 1 year after the date of enactment of this Act, and 
annually thereafter, to exchange information concerning the 
implementation and enforcement of this Act and to improve the safety 
and integrity of professional boxing as a sport, the Attorney General 
of the United States shall consult with--
            (1) the appropriate official of the Association of Boxing 
        Commissions;
            (2) tribal organizations (as that term is defined in 
        section 4(l) of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450b(l)) that regulate professional 
        boxing matches; and
            (3) private organizations that assist in the regulation of 
        professional boxing matches.

SEC. 12. PENSION STUDY.

    (a) In General.--The Secretary of Labor shall conduct a study on 
the feasibility and cost of a national pension system for professional 
boxers, including potential funding sources.
    (b) Report.--Not later than 180 days 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).

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 private organization to carry out that 
                regulation.
            (2) Standards and licensing.--If a tribal organization 
        regulates 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 equivalent to--
                    (A) the otherwise applicable standards and 
                requirements of each State in which the reservation is 
                located; or
                    (B) if no State in which the reservation is located 
                has established any such standard or requirement--
                            (i) the standards and requirements of any 
                        other State that has established a State boxing 
                        commission that carries out the requirements of 
                        this Act; or
                            (ii) the most recently published version of 
                        the recommended regulatory guidelines issued by 
                        the Association of Boxing Commissions.

            Passed the Senate October 31, 1995.

            Attest:

                                             KELLY D. JOHNSTON,

                                                             Secretary.

S 187 RFH----2

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