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PUBLIC LAW 104–272—OCT. 9, 1996 110 STAT. 3309
Public Law 104–272
104th Congress
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.
15 USC 6301.
15 USC 6301
note.
Professional
Boxing Safety
Act of 1996.
Oct. 9, 1996
[H.R. 4167]
110 STAT. 3310 PUBLIC LAW 104–272—OCT. 9, 1996
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.
15 USC 6305.
15 USC 6304.
15 USC 6303.
15 USC 6302.
PUBLIC LAW 104–272—OCT. 9, 1996 110 STAT. 3311
(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
15 USC 6308.
15 USC 6307.
15 USC 6306.
110 STAT. 3312 PUBLIC LAW 104–272—OCT. 9, 1996
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).
15 USC 6310.
15 USC 6309.
PUBLIC LAW 104–272—OCT. 9, 1996 110 STAT. 3313
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.
15 USC 6313.
15 USC 6312.
15 USC 6311.
110 STAT. 3314 PUBLIC LAW 104–272—OCT. 9, 1996
LEGISLATIVE HISTORY—H.R. 4167 (H.R. 1186) (S. 187):
HOUSE REPORTS: No. 104–833, Pt. 1 accompanying H.R. 1186 (Comm. on Commerce).
SENATE REPORTS: No. 104–159 accompanying S. 187 (Comm. on Commerce,
Science, and Transportation).
CONGRESSIONAL RECORD:
Vol. 141 (1995): Oct. 31, S. 187 considered and passed Senate.
Vol. 142 (1996): Sept. 25, H.R. 4167 considered and passed House.
Sept. 27, considered and passed Senate.