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Report to the Chairman, Committee on Commerce, Science, and
Transportation, U.S. Senate:
July 2003:
Professional Boxing:
Issues Related to the Protection of Boxers' Health, Safety, and
Economic Interests:
GAO-03-699:
GAO Highlights:
Highlights of GAO-03-699, a report to the Chairman, Committee on
Commerce, Science, and Transportation, U.S. Senate
Why GAO Did This Study:
The Professional Boxing Safety Act of 1996 established minimum health
and safety standards for professional boxing and provided for limited
federal oversight by the Department of Justice and the Federal Trade
Commission. In 2000, the Muhammad Ali Boxing Reform Act amended the
act to better protect boxers’ economic well-being and enhance the
integrity of the sport. However, reports of problems continue,
including permanent and sometimes fatal injuries, economic
exploitation, and corruption.
GAO was asked to (1) identify fundamental elements considered
important to protect professional boxers and enhance the integrity of
the sport; (2) assess the extent to which provisions of the
Professional Boxing Safety Act of 1996, as amended (the act), cover
these elements and determine whether selected state and tribal boxing
commissions have documentation indicating compliance with the act’s
provisions; (3) determine whether selected states and tribes have
provisions that cover additional elements; and (4) identify federal
actions taken under the act.
What GAO Found:
Based on GAO’s review of congressional testimonies and national
studies dating from 1994 through 2002, GAO identified 15 fundamental
elements that are considered important to protect boxers’ health,
safety, and economic well-being and to enhance the integrity of the
sport.
The act addresses 10 of the 15 fundamental elements that GAO
identified. The 8 (of 46) state and 2 (of 8) tribal boxing commissions
that GAO selected for review accounted for 49 percent of the fights in
2001 and varied in the extent to which they had documentation
indicating compliance with the 10 provisions of the act related to the
fundamental elements. For example, all 10 commissions had
documentation indicating compliance at least 75 percent of the time
for 3 provisions—requiring prefight medical exams, disclosure of
purses and payments, and registration of boxers—but only 2 commissions
had documentation indicating compliance at least 75 percent of the
time for a provision prohibiting conflicts of interest. Commissions
either gave no reason for the lack of documentation, cited privacy or
liability concerns, or said they were unaware of the federal
provision.
The eight states and two tribes that GAO reviewed vary in the extent
to which they adopted additional provisions that cover elements not
covered by the act’s provisions. The number of such provisions ranges
from 10 (California) to 4 (Missouri). For example, the states have
provisions requiring the filing of postfight medical reports, uniform
boxing and scoring rules, and boxing commission officials’ knowledge
of the sport.
Federal actions taken under the act have been limited. The Department
of Justice said it has not exercised its authority to prosecute cases
because none have been referred to it by federal law enforcement
authorities. Furthermore it noted that violations under the act are
misdemeanors, and it generally applies its resources to prosecuting
felonies. The Federal Trade Commission periodically checks the Web
sites of the organizations that sanction professional boxing events to
see whether they have posted the information that they are required to
make available to the public and has found them to be adequate.
Legislation was recently introduced to significantly amend the act by,
among other things, creating a new organization within the Department
of Labor that would provide oversight and enforcement of boxing laws.
This new federal organization is intended to facilitate more uniform
enforcement of federal requirements aimed at enhancing boxers’ health,
safety, and general interests as well as the integrity of the sport.
The Department of Justice and the Federal Trade Commission provided
only technical comments on our report. The Association of Boxing
Commissions and five state and tribal commissions had concerns about
the lack of existing federal enforcement and the economic impact of
any additional federal requirements.
www.gao.gov/cgi-bin/getrpt?GAO-03-699.
To view the full product, including the scope and methodology, click
on the link above. For more information, contact Bernard Ungar, (202)
512-4232, ungarb@gao.gov.
[End of section]
Contents:
Letter:
Results in Brief:
Fundamental Elements Considered Important to Address Health and Safety
and Economic Problems Facing Professional Boxing:
The Act's Provisions Fully or Partially Cover 10 Fundamental Elements,
and Selected Commissions Varied in the Extent to Which They Had
Documentation Indicating Compliance:
Selected States and Tribes Vary in the Extent to Which Their Provisions
Cover Additional Fundamental Elements:
Federal Action under the Act Has Been Limited:
Concluding Observations:
Agency Comments and Our Evaluation:
Appendixes:
Appendix I: Professional Boxing Events Held in the United States during
Calendar Year 2001:
Appendix II: Fundamental Elements to Address Health and Safety,
Economic, and Integrity Problems in Professional Boxing:
Health and Safety 23
Economic Protection 26
Integrity of the Sport 28
Appendix III: Selected Boxing Commissions’ Documentation of
Compliance with the Act’s Provisions 31
Appendix IV: State and Tribal Provisions That Cover Additional Health,
Safety, Economic, and Integrity Elements
Conduct Postfight Medical Examinations, Including Neurological
Testing:
Monitor Training Injuries:
File Postfight Medical Reports:
Require Health and Life Insurance Before and After Fights:
Enforce Suspensions for Training Injuries:
Require Pension Plans:
Require Disclosure of All Purses and Payments to Trainers and Boxers:
Prohibit Conflicts of Interest for Judges and Referees:
Require Registration and Training for Trainers, Managers, Promoters,
and Physicians:
Preclude Sanctioning Organizations from Exercising Undue Influence:
Select Uniform Boxing and Scoring Rules:
Require Boxing Knowledge for Commission Officials:
Appendix V: Objectives, Scope, and Methodology:
Appendix VI: Comments from the Association of Boxing Commissions:
Appendix VII: Comments from the Missouri Office of Athletics:
Appendix VIII: Comments from the Miccosukee Athletic Commission:
Appendix IX: Comments from the Mohegan Tribal Gaming Commission
Athletic Unit:
Appendix X: Comments from the Pennsylvania Athletic Commission:
Appendix XI: Comments from the Texas Department of Licensing and
Regulations:
Appendix XII: Contacts and Contributors:
Contact:
Contributors:
Tables
Table 1: Fundamental Elements Considered Important to Address
Major Problems Facing Professional Boxing:
Table 2: Extent to Which the Act’s Provisions Cover Fundamental
Elements to Help Address Major Problems in Professional Boxing:
Figures
Figure 1: Selected Boxing Commissions’ Documentation of
Compliance with the Act’s Provisions Related to:
Fundamental Elements:
Figure 2: Extent to Which State and Tribal Provisions Cover
Additional Fundamental Elements:
Figure 3: Selected Commissions’ Documentation of Compliance
with the Act’s Provisions for Boxing Events Held in 2001:
Figure 4: Evaluate Medical Information and Assess Risks:
Figure 5: Require Minimum Uniform Contractual Terms:
Figure 6: Require Standards for Rating Boxers to Protect against
Mismatches:
Figure 7: Conduct Prefight Medical Examinations:
Figure 8: Ensure Presence of Medical Personnel and Equipment:
Figure 9: Require Health Insurance During Matches:
Figure 10: Honor Suspensions Imposed by Other Commissions:
Figure 11: Require Disclosure of Purses and Payments to Promoters
and Judges:
Figure 12: Prohibit Conflicts of Interest for Boxers, Promoters, and
Commission Representatives:
Figure 13: Require Registration for Boxers and Certification and
Approval for Ring Officials:
Abbreviations:
ABC: Association of Boxing Commissions:
FTC: Federal Trade Commission:
NAAG: National Association of Attorneys General:
USBA: United States Boxing Administration :
Letter July 21, 2003:
The Honorable John McCain
Chairman,
Committee on Commerce, Science, and Transportation
United States Senate:
Dear Mr. Chairman:
Congress has recognized that boxing is the only major professional
sport in the United States without a central regulatory authority that
establishes and enforces uniform rules, business practices, and ethical
standards. There is no other major professional sport in which the
rules and regulations--and their enforcement--vary so widely. As a
result, the sport has been plagued with reports of permanent and
sometimes fatal injuries, the economic exploitation of boxers, and
corruption. The Association of Boxing Commissions, a 15-year-old
nonprofit organization representing 46 state and 8 tribal boxing
commissions located throughout the United States,[Footnote 1] promotes
uniform health and safety provisions for professional boxing, but has
no enforcement authority over its members, and its effectiveness in
regulating boxing depends on mutual cooperation.
In 1996, because the states and tribes, which are primarily responsible
for establishing provisions to regulate professional boxing, were not
uniformly protecting the health and safety of professional boxers,
Congress enacted the Professional Boxing Safety Act of 1996. This act
established minimum health and safety standards and licensing
provisions, along with enforcement responsibilities and penalties for
violations. In 2000, Congress amended the 1996 act by passing the
Muhammad Ali Boxing Reform Act, which established provisions to protect
boxers from economic exploitation and to enhance the integrity of the
sport.
The 1996 act, as amended (the act), authorizes the Department of
Justice to investigate and prosecute violations of the law and it
provides for state and civil remedies as well as federal criminal
prosecution. Within the Department of Justice, the Federal Bureau of
Investigation is responsible for investigating violations of the law.
Generally, the U.S. Attorneys are responsible for prosecuting
violations of laws. The act further provides that organizations
sanctioning boxing matches[Footnote 2] annually provide certain
information to the Federal Trade Commission or otherwise make such
information available to the public through the Internet. The Federal
Trade Commission is required to make the information provided to it
available to the public.
This report responds to your request that we review current efforts to
protect the health, safety, and economic well-being of professional
boxers and to enhance the integrity of the sport. As agreed with your
office, we addressed the following questions:
* What fundamental elements are considered important to address major
health and safety, economic, and integrity problems facing professional
boxing?
* To what extent do the act's provisions cover these elements, and to
what extent do selected state and tribal boxing commissions have
documentation indicating compliance with the act's provisions?
* To what extent have the selected states and tribes adopted provisions
that cover fundamental elements that are not covered in the act?
* What actions have the Department of Justice and the Federal Trade
Commission taken under the act?
To identify the fundamental elements that are considered important to
address major health and safety, economic, and integrity problems
facing professional boxing, we reviewed congressional testimony and
studies on professional boxing conducted by a task force of the
National Association of Attorneys General, the Department of Health and
Human Services, and the Department of Labor. From these sources, which
documented problems in the boxing industry and recommended actions to
address them, we identified major problems facing the sport and
consolidated the recommendations into 15 fundamental elements that are
considered important in helping to provide an adequate level of health,
safety, and economic protection to boxers and enhance the integrity of
the sport. We discussed these elements with the Association of Boxing
Commissions, which agreed that the elements could help provide the
desired protection and enhancement.
To assess the extent to which the act covers the elements we
identified, we analyzed the act's provisions and determined how many
address the fundamental elements, either fully or partially. To assess
the extent to which selected state and tribal boxing commissions have
documented their compliance with the act's provisions, we selected
8[Footnote 3] of the 46 state boxing commissions and 2[Footnote 4] of
the 8 tribal boxing commissions for review. These 10 commissions
accounted for 383, or 49 percent, of the 777 professional boxing events
held in the United States in 2001. (See app. I for a listing of the
professional boxing events held by state and tribal commissions in
2001.) At 2 state (Indiana and Michigan) and the 2 tribal (Miccosukee
and Mohegan Sun) commissions, we reviewed the case files for all
professional boxing events held in 2001, the most recent year for which
we could obtain complete information, and at the remaining commissions,
we randomly selected a sample of case files for review. From our
reviews of these case files, we determined the extent to which each of
the 8 state and 2 tribal boxing commissions had documentation
indicating compliance in 2001 with provisions in the act that related
to the fundamental elements. We did not independently verify that the
provisions were met. Our findings for these 10 commissions cannot be
generalized to all 46 state and 8 tribal boxing commissions.
To assess the extent to which selected states and tribes have
provisions that cover fundamental elements in addition to those covered
in the act, we reviewed the boxing provisions of the eight states and
two tribes and identified fundamental elements that do not appear in
the act. We confirmed with the boxing commissions of these states and
tribes that they agreed with our analysis of their provisions. We did
not assess the extent to which the states and tribes had implemented or
enforced the provisions that cover the additional fundamental elements.
To determine what actions the Department of Justice and the Federal
Trade Commission have taken under the act, we asked Justice officials
whether they had initiated any civil enforcement proceedings or
criminal prosecutions of potential violators of the act in the eight
states and two tribal jurisdictions covered by our review. We also
reviewed the department's central case management system for possible
cases prosecuted during fiscal years 1996 through 2002. To determine
whether the sanctioning organizations were making the information they
are required to provide available to the public, we reviewed the
Internet Web sites of 14 sanctioning organizations to see whether the
required information was posted.
We conducted our review from September 2002 through July 2003 in
accordance with generally accepted government auditing standards.
Appendix V provides further details about our objectives, scope, and
methodology.
Results in Brief:
From our review of congressional testimonies and national studies
dating from 1994 through 2002, we identified 15 fundamental elements
that are considered important to protect boxers' health, safety, and
economic well-being and enhance the integrity of the sport. Six of
these elements address health and safety issues, four establish
economic protections for boxers, and five would help prevent
corruption.
The act's provisions cover 10 of the fundamental elements that we
identified--1 fully and 9 partially. For example, one provision fully
covers the element requiring evaluations of medical information on
boxers and assessments of the risks involved in allowing them to fight
before each match, but only partially covers the element requiring
prefight and postfight medical examinations, including neurological
testing. (The provision requires prefight examinations, but not
postfight examinations or neurological testing.) The 8 state and 2
tribal boxing commissions that we reviewed varied in the extent to
which they had documentation indicating compliance with the act's 10
provisions. All 10 commissions had documentation indicating compliance
at least 75 percent of the time for 3 provisions--those requiring
prefight medical exams, disclosure of purses and payments, and
registration of boxers--but only 2 commissions had documentation at
least 75 percent of the time for the provision prohibiting conflicts of
interest. The commissions' documentation for the remaining 6 provisions
varied within this range. When asked why they did not document their
compliance with particular provisions, the commissions often did not
provide a reason, but when they did, they generally identified
conflicts between state and federal law, said they were unaware of the
federal provision, or said they thought documentation was not needed.
The eight states and two tribes that we reviewed vary in the extent to
which they have adopted provisions that cover health and safety,
economic, and integrity elements in addition to those covered by the
act's provisions. Each of these states and tribes has some provisions
that cover additional elements. The number of additional elements
enacted by an individual state or tribe ranges from 10 (California) to
4 (Missouri). All 10 states and tribes have enacted the element
requiring uniform boxing and scoring rules, but California was the only
state that enacted 3 additional elements--for monitoring injuries
sustained during training, suspending boxers for debilitating training
injuries, and providing pension plans for boxers. The primary reason
provided by the states and tribes for not enacting elements in addition
to those covered by the act was that the elements would be too costly
to implement.
Federal action under the act has been limited. According to the
Department of Justice, it has not exercised its authority to prosecute
cases because no cases have been referred to it by federal law
enforcement authorities. The department said there were no records of
cases brought by the U.S. Attorneys' offices under the federal boxing
legislation during fiscal years 1996 through 2002 and that no referrals
from law enforcement agencies were made. Justice officials also said
violations of the boxing statutes are misdemeanors and the department
generally applies its resources to prosecuting felonies. The
Association of Boxing Commissions, in commenting on a draft of this
report, said it had made two referrals to U.S. Attorneys' offices,
which were not prosecuted. The association said one referral was
dismissed because the issue was subsequently resolved and the
association had not received a response to the other referral. The
Federal Trade Commission's responsibility under the act is limited to
making the information it receives from sanctioning organizations
available to the public. The commission said it periodically checks the
various sanctioning organizations' Web sites to assess whether the
required information has been made available to the public. Our review
of the Web sites of 14 sanctioning organizations found that this
information was posted on the Internet. Legislation was recently
introduced to significantly amend the act by, among other things,
creating a new organization within the Department of Labor that would
provide oversight and enforcement of the federal boxing laws. This new
federal organization is intended to facilitate more uniform enforcement
of federal requirements aimed at enhancing boxers' health, safety, and
economic interests as well as the integrity of the sport.
The Department of Justice and the Federal Trade Commission had only
technical comments on our draft report. In commenting on our report,
the president of the Association of Boxing Commissions said much needs
to be done to achieve uniformity in the regulation of boxing. Some of
the states and tribes who commented on our report would welcome federal
involvement while others said they are concerned about the costs of
implementing any new measures. Some also noted that no federal agency
is enforcing the existing federal laws protecting professional boxers.
Fundamental Elements Considered Important to Address Health and Safety
and Economic Problems Facing Professional Boxing:
According to our review of congressional testimonies[Footnote 5] and
national studies on professional boxing dating from 1994 through
2002,[Footnote 6] 15 fundamental elements are considered important in
helping address the sport's major problems. Six elements could help to
protect the health and safety of professional boxers, four could help
to protect their economic interests, and five could help to correct
problems affecting the integrity of the sport.
The six elements that could help to protect the health and safety of
boxers would provide:
* medical examinations, including neurological testing;
* monitoring of training injuries;
* assessments of medical risks;
* health and life insurance;
* the presence of appropriate medical personnel and equipment; and:
* enforcement of suspensions for injuries.
According to the testimonies and studies, these elements are important
because, although the overall rate of injury is lower in professional
boxing than in many other sports, the risk of severe or permanent brain
injury is greater. Neurological testing may be needed to detect such
injury. Furthermore, because injuries may occur during training and
sparring as well as during boxing events, monitoring during training
was recommended, and health and life insurance may be needed before and
after as well as during events. In some instances, the treatment a
fighter receives in the initial minutes after an injury determines
whether the fighter recovers or sustains permanent damage or death.
Having an ambulance and qualified medical personnel on-site, rather
than on call, can be critical. Enforcement of suspensions imposed by
boxing commissions in other states is important to prevent injured
boxers from trying to fight outside the states in which they are
registered before their injuries have healed.
The four elements that could help to protect boxers' economic interests
would:
* require pension plans for boxers,
* require full disclosure of purses and payments,
* require minimum uniform contractual terms between boxers and
promoters, and:
* prohibit conflicts of interest.
Without a union to represent their economic interests, boxers have
often been exploited, and although the sport has generated enormous
wealth for others, many professional boxers have been left penniless.
Comprehensive pension plans for boxers are almost nonexistent, and
boxers have sometimes been left to pay trainers out of their share of
the fight purse when the financial responsibilities of promoters and
managers were not disclosed in advance. Conflicts of interest between
promoters and managers and long-term contracts with promoters have also
disadvantaged boxers.
The 5 elements that could help to correct problems affecting the
integrity of the sport would:
* require registration and training for judges, referees, and others;
* prevent sanctioning organizations from exercising undue influence in
the selection of judges;
* establish uniform boxing and scoring rules;
* require reviews of sanctioning organizations' rankings of boxers;
and:
* require knowledge of the sport for commission officials.
Reports of unqualified officials, last-minute changes in the procedures
for selecting judges, nonstandard boxing and scoring rules, fraudulent
rankings that have resulted in injury and even death for weaker boxers,
and political appointments to boxing commissions have undermined the
integrity of the sport.
Table 1 sets forth the 15 elements we identified. For more detailed
information on the problems discussed in the testimonies and studies
and the recommendations made to address these problems, see appendix
II.
Table 1: Fundamental Elements Considered Important to Address Major
Problems Facing Professional Boxing:
Health and safety: 1. Conduct prefight and postfight medical
examinations, including neurological testing; Economic protection: 7.
Require pension plans for boxers; Integrity of the sport: 11. Require
registration and training for boxers, trainers, managers, promoters,
physicians, and other ring officials.
Health and safety: 2. Monitor injuries sustained during gym training
(e.g., sparring) before events; Economic protection: 8. Require full
and open disclosure of all purses and costs of bouts, breaking out
amounts paid to promoters, sanctioning bodies, judges, trainers,
boxers, and others; Integrity of the sport: 12. Ensure that
sanctioning organizations do not influence the selection of judges.
Health and safety: 3. Evaluate medical information on boxers and assess
the risks involved before allowing a boxer to fight; Economic
protection: 9. Prohibit conflicts of interest for boxers, promoters,
managers, judges, referees, state boxing commission representatives,
and sanctioning organization representatives; Integrity of the sport:
13. Require uniform boxing and scoring rules for events, such as the
championship rules of the Association of Boxing Commissions (ABC).
Health and safety: 4. Ensure the presence of appropriate medical
personnel and equipment during and after each match and require the
filing of postfight medical reports; Economic protection: 10. Require
minimum uniform contractual terms between boxers and promoters;
Integrity of the sport: 14. Require standards for rating boxers,
considering their records of wins and losses, weight differentials,
caliber of opponents, and number of past fights.
Health and safety: 5. Require health and life insurance for boxers
before, during, and after each match; Economic protection: [Empty];
Integrity of the sport: 15. Require officials serving on boxing
commissions to have knowledge of professional boxing.
Health and safety: 6. Honor other states' suspensions of boxers;
monitor training injuries in real time, and suspend boxers who sustain
debilitating training injuries; Economic protection: [Empty];
Integrity of the sport: [Empty].
Source: GAO.
Note: Our identification of the fundamental elements is based on the
congressional testimonies and national studies that we reviewed. Some
of these elements have multiple effects and may be related to more than
one category (e.g., health and safety, economic protection, or
integrity of the sport). For example, the element prohibiting conflicts
of interest not only affects the economic interests of boxers but may
also be related to the integrity of the sport.
[End of table]
The Act's Provisions Fully or Partially Cover 10 Fundamental Elements,
and Selected Commissions Varied in the Extent to Which They Had
Documentation Indicating Compliance:
The act's provisions fully or partially cover 10 of the elements that
we identified as important to address the health and safety, economic,
and integrity problems facing professional boxing. Our analysis shows
that one of the act's provisions fully covers the element that requires
evaluations of medical information on boxers and assessments of the
risks involved in allowing them to fight before each match. The act's
provisions partially cover 9 elements. For example, one provision
partially covers the element requiring medical examinations, including
neurological testing, before and after a fight. (The provision requires
prefight, but not postfight, examinations and no neurological testing.)
Another provision partially covers the element requiring the presence
of medical personnel and equipment at fights and the filing of
postfight medical reports. (It requires the presence of medical
personnel and equipment, but not the filing of postfight medical
reports.) Table 2 sets forth our analysis of the extent to which the
act's provisions cover the fundamental elements we identified.
Table 2: Extent to Which the Act's Provisions Cover Fundamental
Elements to Help Address Major Problems in Professional Boxing:
Act's provision: Health and safety:
Act's provision: Require prefight medical examinations; Fundamental
element: Health and safety: Conduct prefight and postfight medical
examinations, including neurological testing; Extent to which the act
covers the element: Health and safety: Partially--the act's provision
does not require a postfight medical examination or any neurological
testing.
Act's provision: Evaluate medical information on boxers and assess the
risks involved before allowing a boxer to fight; Fundamental element:
Health and safety: Evaluate medical information on boxers and assess
the risks involved before allowing a boxer to fight; Extent to which
the act covers the element: Health and safety: Fully.
Act's provision: Ensure the presence of appropriate medical personnel
and equipment during and after each match; Fundamental element: Health
and safety: Ensure the presence of appropriate medical personnel and
equipment during and after each match and require the filing of
postfight reports; Extent to which the act covers the element: Health
and safety: Partially--the act's provision does not require the filing
of postfight medical reports.
Act's provision: Require health insurance for boxers during each
match; Fundamental element: Health and safety: Require health and life
insurance for boxers before, during, and after each match; Extent to
which the act covers the element: Health and safety: Partially--the
act's provision does not require health insurance for boxers before and
after each match, and it does not require life insurance.
Act's provision: Honor other states' suspensions of boxers;
Fundamental element: Health and safety: Honor other states' suspensions
of boxers, monitor training injuries in real time, and suspend boxers
who sustain debilitating training injuries; Extent to which the act
covers the element: Health and safety: Partially--the act's provision
does not require states to monitor training injuries in real time or
suspend boxers who sustain debilitating training injuries.
Act's provision: Economic protection:
Act's provision: Require full and open disclosure of all purses and
costs of bouts, breaking out amounts paid to promoters and judges;
Fundamental element: Health and safety: Require full and open
disclosure of all purses and costs of bouts, breaking out amounts paid
to promoters, judges, trainers, boxers, and others; Extent to which
the act covers the element: Health and safety: Partially--the act's
provision does not require such disclosure for boxers and trainers.
Act's provision: Prohibit conflicts of interest for promoters and
commission representatives; Fundamental element: Health and safety:
Prohibit conflicts of interest for boxers, promoters, managers, judges,
referees, state boxing commission representatives, and sanctioning
organization representatives; Extent to which the act covers the
element: Health and safety: Partially--the act's provision does not
prohibit conflicts of interest for judges and referees.
Act's provision: Recommend minimum uniform contractual terms between
boxers and promoters; Fundamental element: Health and safety: Require
minimum uniform contractual terms between boxers and promoters; Extent
to which the act covers the element: Health and safety: Partially--the
act's provision establishes guidelines for, but does not require such
terms.
Act's provision: Integrity of the sport:
Act's provision: Require registration for boxers and certification and
approval for ring officials; Fundamental element: Health and safety:
Require registration and training for boxers, trainers, managers,
promoters, physicians, and other ring officials; Extent to which the
act covers the element: Health and safety: Partially--the act's
provision does not require registration for trainers, managers,
promoters or physicians, and it does not require training for any
parties.
Act's provision: Recommend standards for rating boxers, considering
their records of wins and losses, weight differentials, caliber of
opponents, and number of past fights; Fundamental element: Health and
safety: Require standards for rating boxers, considering their records
of wins and losses, weight differentials, caliber of opponents, and
number of past fights; Extent to which the act covers the element:
Health and safety: Partially--the act's provision establishes
guidelines for, but does not require, such standards.
Source: GAO.
[End of table]
On March 13, 2003, the Senate Committee on Commerce, Science, and
Transportation approved S. 275, a bill that would further amend the
act. If enacted, the proposed legislation would expand the act's
coverage of four fundamental elements--those dealing with the
evaluation of medical information, minimum contractual terms, the
selection of judges, and reviews of rankings. In addition, the proposed
legislation would establish the United States Boxing Administration
(USBA) within the Department of Labor and empower it to consider other
fundamental elements in addressing professional boxers' health, safety,
and other concerns. USBA would be responsible for providing oversight,
administering the federal boxing laws, and issuing minimum standards to
protect the health, safety, and general interests of professional
boxers. Its responsibilities would also include licensing boxers,
promoters, managers, and sanctioning organizations and maintaining a
registry of medical records and medical suspension information on all
boxers. USBA would also be authorized to conduct investigations and to
suspend or revoke licenses for misconduct after providing notice and
hearing.
Selected Boxing Commissions' Documentation of Compliance Varied:
The 8 state and 2 tribal boxing commissions that we reviewed varied in
the extent to which they had documentation indicating compliance with
the 10 provisions of the act related to the fundamental elements we
identified. The act does not require the commissions to document their
compliance. However, because documentation constituted the only
verifiable evidence of compliance, we reviewed all available
documentation in the commissions' event files, including pre-and post-
fight medical examination check sheets, insurance coverage forms,
copies of contracts between boxers and promoters, event sheets
identifying boxers' registration numbers, promoters' revenue reports to
commissions, and statements of independence signed by ring officials.
All 10 commissions had documentation indicating compliance at least 75
percent of the time for three provisions--those that require prefight
medical examinations, disclosure of amounts paid to promoters, and
registration of boxers--but only 2 commissions had documentation at
least 75 percent of the time for the provision prohibiting conflicts of
interest. (See fig. 1.) Five of the commissions said they usually
complied with this provision but did not document their compliance. The
10 commissions' documentation for the remaining six provisions varied
within this range. (See table 4 in app. 3 for the results of our
analysis of the commissions' documentation.) When asked why they did
not always document their compliance with the provisions, the
commissions often did not provide a reason, but when they did, they
generally pointed to privacy or liability concerns, said they were
unaware of the federal provisions, or said they thought documentation
was not needed. For details on the reasons the commissions provided for
not documenting compliance, see appendix III.
Figure 1: Selected Boxing Commissions' Documentation of Compliance with
the Act's Provisions Related to 10 Fundamental Elements:
[See PDF for image]
Note: The figure represents the number of commissions that had
documentation indicating compliance at least 75 percent to 100 percent
of the time for the respective provisions.
[End of figure]
Selected States and Tribes Vary in the Extent to Which Their Provisions
Cover Additional Fundamental Elements:
The eight states and two tribes that we reviewed vary in the extent to
which their provisions cover health and safety and economic elements in
addition to those covered in the act. Each of these states and tribes
has some provisions that cover additional fundamental elements or
portions of fundamental elements. The number of such provisions enacted
by an individual Commission ranges from 10 (California) to 4
(Missouri). All 10 states and tribes have provisions fully covering the
additional element that requires uniform boxing and scoring rules, and
eight states or tribes have provisions fully covering the additional
element that requires the filing of postfight medical reports.
California was the only state with provisions fully covering 3 other
additional elements--for monitoring injuries sustained during
training, enforcing suspensions for debilitating training injuries, and
providing pension plans for boxers. Four states or tribes have
provisions that go beyond the act in requiring postfight medical
examinations, but none of these states or tribes requires neurological
testing. Similarly, three states or tribes have provisions that go
beyond the act in requiring that boxers be provided with health
insurance before and after, as well as during, each match, but none of
these states or tribes requires life insurance. Figure 2 summarizes the
results of our analysis. The primary reason provided by the states and
tribes for not having provisions covering additional elements was that
the provisions would be too costly to implement. For more details, see
appendix IV.
Figure 2: Extent to Which State and Tribal Provisions Cover Additional
Fundamental Elements:
[See PDF for image]
[End of figure]
Federal Action under the Act Has Been Limited:
Actions taken by the Department of Justice under the act have been
limited. Justice officials said the department does not prosecute cases
unless they are referred to it by federal law enforcement agencies.
There were no records of cases brought by U.S. Attorneys under the
federal boxing legislation during fiscal years 1996 through 2002, and
there were no referrals from law enforcement agencies. Because the act
provides for state and civil remedies in addition to federal criminal
prosecution, Justice officials said that cases could be referred to
state authorities rather than to U.S. Attorneys. Furthermore, the
officials said, violations of the act are misdemeanors, and U.S.
Attorneys generally pursue only felony cases, although they would
prosecute a misdemeanor if circumstances warranted.[Footnote 7]
In commenting on a draft of this report, the president of ABC said that
ABC had made two referrals to U.S. Attorneys' offices. The first, made
in October 2002, concerned the World Boxing Association's ratings of a
boxer. According to the ABC president, the referral was dismissed
because the World Boxing Association provided the U.S. Attorney with a
copy of its rating criteria and the boxers were well known. The ABC
president said that the other referral, made to the Arkansas U.S.
Attorney in 2001, reported that professional boxing was occurring in
bars without the supervision of the Arkansas boxing commission. The ABC
president said that ABC had not received a response to the referral and
the case had not been prosecuted.
The Federal Trade Commission's (FTC) responsibility under the act is
limited to making available to the public the information it receives
from sanctioning organizations. FTC has no responsibility for enforcing
compliance or verifying the accuracy of the information.[Footnote 8]
FTC officials said they periodically check the sanctioning
organizations' Web sites to assess whether the required information has
been made available to the public and has found the Web sites to be
adequate. Our review of the Web sites of 14 sanctioning organizations
found that this information was posted on the Internet. FTC officials
also said they had not received any consumer complaints related to the
boxing industry.
In February 2003, legislation was introduced in the Senate that would
amend the act by, among other things, creating a new organization
within the Department of Labor to provide oversight and enforcement of
the federal boxing laws. The purpose of this new federal organization
is to facilitate more uniform enforcement of federal requirements
designed to enhance boxers' health, safety, and economic interests as
well as the integrity of the sport. This organization would have the
authority to issue regulations, including requirements for
documentation; to monitor and oversee the commissions' compliance with
the existing federal protections for professional boxers; and to
establish additional protections, if necessary.
Concluding Observations:
Although our review was limited to eight state and two tribal boxing
commissions, the uneven documentation of compliance we found with the
act's provisions to protect the health, safety, and economic well-being
of professional boxers does not provide adequate assurance that
professional boxers are receiving the minimum protections established
in federal law. Without complete and accurate information on the extent
to which the act is being enforced and without a federal agency to
proactively ensure nationwide compliance, there is little assurance of
compliance. While the Justice Department has the authority to prosecute
violations of the act, it focuses its limited resources on prosecuting
felonies, is not responsible for monitoring compliance, and would
prosecute a case only if it received a referral from a federal law
enforcement agency. Since 1996, it has received no referrals from
federal law enforcement agencies and pursued no cases of violation of
the act. If enacted, the legislation would create a new organization
within the Department of Labor that could address this gap in the
oversight and enforcement of the federal boxing laws.
Agency Comments and Our Evaluation:
We requested comments on a draft of this report from the Department of
Justice, the Federal Trade Commission, and the Association of Boxing
Commissions (ABC). The Department of Justice's GAO liaison and the
Federal Trade Commission's GAO liaison and Office of General Counsel
provided only oral technical comments, which we incorporated as
appropriate. The president of ABC provided written comments, which are
reproduced in appendix VI. We also provided the boxing commissions of
the eight states and two tribes that we reviewed with the opportunity
to review and comment on the facts in the report that related to their
operations. We received written comments from the Missouri, Miccosukee,
Mohegan Sun, Pennsylvania and Texas boxing commissions; these comments
appear in appendixes VII through XI. As of July 16, 2003, we had
received no comments from the California, Florida, Indiana, Michigan,
and Nevada boxing commissions.
In his written comments, provided on June 30, 2003, the president of
ABC said that while ABC has had some successes, much work needs to be
done to achieve uniformity in the regulation of boxing. He said that
feedback from ABC's membership on federal involvement in regulating
professional boxing is mixed: many members regard such involvement as
intervention, while others welcome it. He also said that some members
believe that making certain types of testing (e.g., neurological
testing) mandatory would have a negative impact on their jurisdictions
because of the cost. According to the president, ABC is frustrated with
the lack of enforcement of the Professional Boxing Safety Act of 1996.
He said that violations of the act occur frequently, yet no government
agency has been willing to enforce the current laws. The president said
that he hopes the members can use the act's 10 provisions as a starting
point for standardizing the regulation of boxing.
The Administrator of the Missouri Office of Athletics, who is also the
president of ABC, provided written comments on the portion of a draft
of this report applicable to Missouri on June 30, 2003 (see app. VII).
While noting that the Missouri Office of Athletics encourages the
standardized regulation of boxing, he said he also recognizes that any
actions taken will have an economic impact on the sport that will have
to be considered. In addition, he questioned who would enforce any new
federal boxing provisions and stated the current law is not being
enforced. He said that both state and tribal boxing commissions,
through ABC, should work to standardize the regulation of boxing in the
areas discussed in our report. He also made some technical comments,
which we incorporated in the body of the report.
The Miccosukee, Mohegan Sun, Pennsylvania and Texas boxing commissions
also provided written comments, which appear in appendixes VIII, IX, X,
and XI, respectively. In their comments, they expressed appreciation of
our work, indicating, for example, that our report helps to clarify
issues related to the protection of boxers' health, safety, and
economic interests. In addition, the Miccosukee and Pennsylvania boxing
commissions cited tribal or state regulations that cover portions of
some of 15 the elements we identified in the report as fundamental to
protecting boxers' health, safety, and economic interest and to
enhancing the integrity of the sport. In some instances, the Miccosukee
and Pennsylvania boxing commissions noted that it would be difficult
for them to implement certain elements because of personnel and
budgetary constraints or because of their limited jurisdiction. For
example, the Miccosukee commission said that it could not monitor
training injuries because it would not be feasible for the Miccouskee
commission or any other boxing commission to send representatives to
gyms throughout the United States and other countries to monitor real
time training injuries. The Miccosukee commission also indicated that
in the future it could complete and file checklists in event files to
document its compliance with certain provisions, such as the one
requiring the presence of appropriate medical personnel and equipment
during and after events. The commission said that the lack of
documentation in its files does not adequately reflect its compliance
with this provision. The Pennsylvania commission noted the diversity
among various boxing commissions in implementing the federal law.
Finally, the Texas commission said it lacked authority to implement
several of the 15 fundamental elements identified in the report.
We recognize that boxing commissions vary in their approach to
regulating boxing because of differences in their laws or regulations,
local situations, and available budgetary and personnel resources.
Furthermore, we recognize in our report that a lack of documentation
does not necessarily mean that a requirement was not met. However, we
had no other practical means to assess the extent to which the federal
requirements were being addressed. Additionally, we agree with the
Miccosukee commission that appropriately completed checklists would
help to document compliance. Finally, we believe that our findings,
along with the comments we received on our draft report, should provide
Congress with useful information as it considers S. 275.
As agreed with your office, unless you publicly announce its contents
earlier, we plan no further distribution of this report until 5 days
after the date of this letter. At that time, we will provide copies of
the report to the Ranking Minority Member, Senate Committee on
Commerce, Science, and Transportation, and the Chairman and Ranking
Minority Member, House Energy and Commerce. Copies of the report will
also be sent to the Attorney General, the Chairman of the Federal Trade
Commission, the Secretary of Labor, the Association of Boxing
Commissions, the California State Athletic Commission, the Florida
State Athletic Commission, the Indiana Boxing Commission, the Michigan
Bureau of Commercial Services, the Missouri Office of Athletics, the
Nevada Athletic Commission, the Pennsylvania Athletic Commission, the
Texas Boxing and Wrestling Program, the Miccosukee Athletic Commission,
and the Mohegan Tribal Gaming Commission Athletic Unit, and to others
on request. In addition, the report will be available at no charge on
the GAO Web site at http://www.gao.gov.
Key contributors to this report are listed in appendix XI. If you or
your staff have any questions, please contact me on (202) 512-2834 or
ungarb@gao.gov.
Sincerely yours,
Bernard L. Ungar, Director Physical Infrastructure Issues:
Signed by Bernard L. Ungar:
[End of section]
Appendixes:
Appendix I: Professional Boxing Events Held in the United States during
Calendar Year 2001:
State or Indian tribal commission: California[B]; Number of events
held[A]: 85; Percentage of total events: 11%.
State or Indian tribal commission: Texas[B]; Number of events held[A]:
62; Percentage of total events: 8%.
State or Indian tribal commission: Nevada[B]; Number of events held[A]:
55; Percentage of total events: 7%.
State or Indian tribal commission: Pennsylvania[B]; Number of events
held[A]: 52; Percentage of total events: 7%.
State or Indian tribal commission: Missouri[B]; Number of events
held[A]: 40; Percentage of total events: 5%.
State or Indian tribal commission: Florida[B]; Number of events
held[A]: 33; Percentage of total events: 4%.
State or Indian tribal commission: New York; Number of events held[A]:
28; Percentage of total events: 4%.
State or Indian tribal commission: Illinois; Number of events held[A]:
25; Percentage of total events: 3%.
State or Indian tribal commission: Colorado; Number of events held[A]:
24; Percentage of total events: 3%.
State or Indian tribal commission: Mississippi; Number of events
held[A]: 22; Percentage of total events: 3%.
State or Indian tribal commission: Indiana[B]; Number of events
held[A]: 22; Percentage of total events: 3%.
State or Indian tribal commission: Ohio; Number of events held[A]: 21;
Percentage of total events: 3%.
State or Indian tribal commission: Tennessee; Number of events held[A]:
19; Percentage of total events: 2%.
State or Indian tribal commission: New Jersey; Number of events
held[A]: 19; Percentage of total events: 2%.
State or Indian tribal commission: Michigan[B]; Number of events
held[A]: 18; Percentage of total events: 2%.
State or Indian tribal commission: Puerto Rico; Number of events
held[A]: 15; Percentage of total events: 2%.
State or Indian tribal commission: Arizona; Number of events held[A]:
15; Percentage of total events: 2%.
State or Indian tribal commission: West Virginia; Number of events
held[A]: 14; Percentage of total events: 2%.
State or Indian tribal commission: Virginia; Number of events held[A]:
14; Percentage of total events: 2%.
State or Indian tribal commission: Oklahoma; Number of events held[A]:
14; Percentage of total events: 2%.
State or Indian tribal commission: Massachusetts; Number of events
held[A]: 14; Percentage of total events: 2%.
State or Indian tribal commission: Washington; Number of events
held[A]: 13; Percentage of total events: 2%.
State or Indian tribal commission: Georgia; Number of events held[A]:
13; Percentage of total events: 2%.
State or Indian tribal commission: Kentucky; Number of events held[A]:
10; Percentage of total events: 1%.
State or Indian tribal commission: Iowa; Number of events held[A]: 10;
Percentage of total events: 1%.
State or Indian tribal commission: South Carolina; Number of events
held[A]: 9; Percentage of total events: 1%.
State or Indian tribal commission: Miccosukee (FL)[B]; Number of events
held[A]: 9; Percentage of total events: 1%.
State or Indian tribal commission: Maryland; Number of events held[A]:
8; Percentage of total events: 1%.
State or Indian tribal commission: Wisconsin; Number of events held[A]:
7; Percentage of total events: 1%.
State or Indian tribal commission: Utah; Number of events held[A]: 7;
Percentage of total events: 1%.
State or Indian tribal commission: Mohegan Sun (CT)[B]; Number of
events held[A]: 7; Percentage of total events: 1%.
State or Indian tribal commission: Louisiana; Number of events held[A]:
7; Percentage of total events: 1%.
State or Indian tribal commission: New Mexico; Number of events
held[A]: 6; Percentage of total events: 1%.
State or Indian tribal commission: Mashantucket Pequot (CT); Number of
events held[A]: 6; Percentage of total events: 1%.
State or Indian tribal commission: Hawaii; Number of events held[A]: 6;
Percentage of total events: 1%.
State or Indian tribal commission: Delaware; Number of events held[A]:
6; Percentage of total events: 1%.
State or Indian tribal commission: Rhode Island; Number of events
held[A]: 5; Percentage of total events: 1%.
State or Indian tribal commission: North Dakota; Number of events
held[A]: 5; Percentage of total events: 1%.
State or Indian tribal commission: Arkansas; Number of events held[A]:
5; Percentage of total events: 1%.
State or Indian tribal commission: Washington, D.C; Number of events
held[A]: 4; Percentage of total events: 1%.
State or Indian tribal commission: Idaho; Number of events held[A]: 4;
Percentage of total events: 1%.
State or Indian tribal commission: Oregon; Number of events held[A]: 3;
Percentage of total events: 0%.
State or Indian tribal commission: North Carolina; Number of events
held[A]: 3; Percentage of total events: 0%.
State or Indian tribal commission: Nebraska; Number of events held[A]:
3; Percentage of total events: 0%.
State or Indian tribal commission: Saginaw Chippewa (MI); Number of
events held[A]: 2; Percentage of total events: 0%.
State or Indian tribal commission: Pueblo de San Juan (NM); Number of
events held[A]: 2; Percentage of total events: 0%.
State or Indian tribal commission: Oneida (NY); Number of events
held[A]: 2; Percentage of total events: 0%.
State or Indian tribal commission: Yakahama Nation (WA); Number of
events held[A]: 1; Percentage of total events: 0%.
State or Indian tribal commission: New Hampshire; Number of events
held[A]: 1; Percentage of total events: 0%.
State or Indian tribal commission: Connecticut; Number of events
held[A]: 1; Percentage of total events: 0%.
State or Indian tribal commission: Alaska; Number of events held[A]: 1;
Percentage of total events: 0%.
State or Indian tribal commission: Total; Number of events held[A]:
777; Percentage of total events: 100%.
Source: Fight Fax, Inc.
[A] An event is a meeting of boxers at a place such as a casino or
sports arena where one or more bouts (matches between two boxers) are
held on a particular day.
[B] The state and tribal boxing commissions we selected for our review.
Note: We did not verify the information we received from Fight Fax,
Inc., the official record-keeping body of the Association of Boxing
Commissions.
[End of table]
[End of section]
Appendix II: Fundamental Elements to Address Health and Safety,
Economic, and Integrity Problems in Professional Boxing:
For each of the 15 fundamental elements that we identified, this
appendix provides a summary of a major problem in professional boxing
that the element is designed to address. The summaries are based on the
congressional testimony and national studies--by the National
Association of Attorneys General (NAAG) Task Force, the Department of
Health and Human Services, and the Department of Labor--that we
reviewed. The summaries also include recommendations made at the
hearings and in the studies to address the problems. The problems are
divided into three categories: health and safety, economic protection,
and integrity of the sport.
Health and Safety:
Conduct Medical Examinations, Including Neurological Testing:
In June 1998, the U.S. Department of Health and Human Services reported
the results of a study mandated by Congress on health, safety, and
equipment standards for boxing.[Footnote 9] The study found that
although the overall rate of injury is lower in professional boxing
than in many other sports, the risk of sustaining a severe or permanent
brain injury is greater in boxing because fighters are exposed to
repeated blows to the head. Head injuries account for a significant
portion of all boxing injuries. Factors such as poor boxing ability,
reduced supervision, and small stature are thought to increase the
likelihood of traumatic head injury. Similarly, the length of a boxer's
career and the total number of bouts in training, sparring, and
competition combined have been linked to the severity of neurological
damage. Because neurological damage is not always detected during
routine medical examinations, neurological testing may be necessary to
identify it.
Monitor Training Injuries:
According to a professional boxing trainer with over 25 years of
experience whom we interviewed, boxers are required to train and spar
in the gym daily for months in preparation for a fight. He said that
during the sparring sessions, many boxers sustain injuries that are not
reported to the boxing commissions. As a result, some of the boxers
participate in events with pre-existing injuries, exposing themselves
to further injury or harm. In an effort to protect the health and
safety of professional boxers, the NAAG task force recommended in 2000
that state inspectors inspect boxing gyms if adequate funding and staff
are available.
Evaluate Medical Information and Assess Risks:
To help protect the health and safety of boxers, the NAAG task force
recommended that all commissions implement a medical classification
system that would establish risk levels for boxing injuries. For a
fighter whose record included any element of a high-risk classification
(e.g., repeated knockouts), the task force further recommended that
commissions be required to impose a temporary suspension until the
fighter received a medical clearance or required examination, such as a
neurological examination conducted by a neurologist using magnetic
resonance imaging and an electrocardiogram.
Ensure Presence of Medical Personnel and Equipment and File Postfight
Reports:
In 2001, a representative of the Nevada Attorney General
testified[Footnote 10] that although common sense dictates that an on-
site ambulance is needed for all boxing matches and should be available
to transport an injured boxer to a hospital, many promoters would
prefer to call 911 if an ambulance is needed. The representative said
that while this arrangement may be more cost-effective for the
promoter, the treatment of a fighter in the initial minutes after an
injury--whether waiting for an ambulance to arrive or receiving
immediate and appropriate medial care--is critical in determining
whether the fighter will recover or suffer permanent damage or death.
Similarly, in 1983, the World Medical Association[Footnote 11] said
that professional boxing events should be held in locations where:
* adequate neurosurgical facilities are immediately available for
emergency treatment of an injured boxer,
* a portable resuscitator with oxygen equipment and appropriate
endotracheal tubes are available at ringside, and:
* an ambulance is continuously on-site to transport any seriously
injured boxer to a hospital immediately.
The Professional Boxing Safety Act of 1996, as amended (the act),
requires the continuous presence of a ringside physician and an
ambulance or medical personnel with appropriate resuscitation equipment
at each boxing event, unless equivalent protection is required by the
boxing commission's provisions.
A Pennsylvania Athletic Commission official testified[Footnote 12] in
May 2001 that boxing commissions should be required to develop criteria
for licensing professional boxers, which should include reviews of
boxers' fight records (i.e., wins, losses, knockouts) and suspensions,
and a centralized database of medical examination information on all
licensed boxers. He said that the database should be accessible only to
boxing commission officials and would provide boxing commissions with
an additional screening mechanism to use in their license determination
process.
Require Health and Life Insurance:
The president of the Association of Boxing Commissions (ABC) told us
that current insurance provisions require promoters to provide health
insurance coverage only during a boxing event. However, he said such
coverage does not protect boxers in other instances when they may need
medical treatment but do not have health insurance or the financial
resources to pay for treatment. For example, boxers may sustain
injuries during an event but not recognize until later that they have
been injured and need treatment. Many boxers also sustain injuries
during training or sparring. In 1996, a New Jersey Boxing Commission
representative testified[Footnote 13] that boxers spend far more time
sparring in gyms than competing in events; as a result, they are more
likely to sustain injuries during this period. The representative said
that to prevent injuries to the head and other parts of the body, the
amount and intensity of sparring should be monitored. A trainer we
interviewed said that boxers should have health and life insurance
coverage throughout the training period, as well as before, after, and
during an event, in order to address any medical conditions or
injuries. However, he said many insurance companies do not offer boxers
health and life insurance at affordable prices.
Enforce Suspensions:
In 2002, the president of ABC testified before the Senate Committee on
Commerce, Science, and Transportation on the need for the uniform
enforcement of all suspensions imposed by boxing commissions.
Currently, such enforcement is applicable only to suspensions imposed
on boxers for recent knockouts or for a series of consecutive losses
and medical reasons. The president said that in some instances,
commissions have suspended boxers for falsifying documents or other
types of inappropriate behavior and that to avoid serving the imposed
suspensions, some boxers have traveled to other states and obtained a
license to continue boxing.
Economic Protection:
Require Pension Plans for Boxers:
Professional boxing offers no long-term financial protection for its
participants, although purses for the big events are in the millions of
dollars and televised worldwide, often on a pay-per-view basis. The New
York State Attorney General testified in 1999[Footnote 14] that the
boxing industry has generated enormous wealth for virtually everyone
except professional boxers. He added that over the decades, the
interests of professional boxers have been ignored, leaving many
penniless and medically at risk. In 1996, Congress mandated that the
Secretary of Labor undertake a study on the feasibility of establishing
a pension plan for professional boxers. According to the
study,[Footnote 15] apart from programs run by the California
commission and by the International Boxing Federation for its
championship fights, comprehensive pensions for boxing are virtually
nonexistent. The study concluded that a comprehensive program, if
implemented for professional boxers, would consist of a charitable
trust, a defined contribution plan, a defined benefit plan, and a
disability income and survivor's benefit program.
Disclose Purses and Break Out Payments:
In 1997, a reporter testified[Footnote 16] that in 1986 a boxer was
guaranteed $300,000, with up to another $100,000 in training fees, for
a fight. Out of a potential $400,000, the boxer was paid about $99,000.
The manager did not pay the trainer and the boxer paid the trainer out
of his share of the purse, leaving the boxer with $69,000. To address
problems such as this, the NAAG task force study recommended that a
model contract be developed to outline contractual disclosure
requirements between the promoters, managers, and boxers. The model
contract should specify the rights and responsibilities of all parties,
such as the contest requirements, compensation (including a full
accounting and disclosure of all deductions from a boxer's purse),
licenses, and remedies for lack of good faith, collusion, or breach of
contract, including arbitration provisions.
Prohibit Conflicts of Interest:
A Texas Boxing and Wrestling Program official cited reports of fights
in which a manager managed both boxers and the manager and promoter
were related. Such business arrangements limited the boxers' chances of
receiving fair payment. The official said that in theory, a manager is
supposed to negotiate the most favorable economic terms for the
fighter, while the promoter is supposed to make the largest possible
profit on the event.
Establish Uniform Contractual Terms:
There are frequent reports of boxers' economic exploitation. For
example, in January 2003, officials of the Mohegan Tribe Department of
Athletic Regulations reported that a boxer had been fighting for more
than a year and had never received payment for participating in events
throughout the United States, although the manager was receiving the
boxer's fight purses. For this violation, the commission revoked the
manager's license for an indefinite period. In 2001, a Pennsylvania
Athletic Commission official said that for years fighters have been
contractually tied to promoters for a series of boxing events, limiting
their ability and opportunities to pursue other promoters and to box in
other events. The official said that the Muhammad Ali Boxing Reform
Act, which limits the contracts between the boxer and promoter to 1
year, is a step in the right direction to correct this problem.
Integrity of the Sport:
Require Registration and Training for Judges, Referees, and Others:
A Nevada State Athletic Commission official testified in 1994[Footnote
17] that boxing referees have to decide in a split second which fighter
has won a bout. Accordingly, he said, judges should have the ability to
closely observe the fighters and base their decisions on consistent
scoring criteria. The NAAG task force made recommendations to help
enhance the integrity of the sport, including the following:
* ABC should develop a standardized testing program to be administered
to judges and referees.
* Judges and referees should be required to pass this examination
before they receive their licenses.
* To be licensed as a referee, an individual should have prior
experience officiating in amateur competition or in other states or
jurisdictions.
* All referees should be required to receive training and attend a
minimum of two medical training seminars each year.
* To be licensed as a judge, an applicant should be proficient in the
rules and regulations of boxing and have prior experience officiating
in amateur competition or in other ABC states or jurisdiction.
* To be licensed as a ringside physician, a physician should have a
state medical license, be in good standing in the respective state, and
have experience as a licensed physician for a minimum of 2 years.
* Ringside physicians should be required to receive training in
ringside medicine.
* Promoters and managers should be licensed and regulated.
Prevent Undue Influence:
The president of ABC testified in 2002[Footnote 18] on the need for
standards to prevent sanctioning organizations from interfering with
boxing commissions' selection of judges and referees. According to the
president, that need was demonstrated during a nationally televised
championship fight in 2001. He said that several weeks before the
scheduled event, the sanctioning organization and the state boxing
commission agreed that the sanctioning organization would designate the
referee and one judge and the commission would designate the remaining
two judges. However, less than 5 minutes before the event was to begin,
a representative from the sanctioning organization threatened to
withdraw the organization's sanction--an action that would reduce the
status of the fight to a nontitled event--if the commission did not
agree to replace one of the judges selected by the commission with a
judge designated by the sanctioning organization. The commission agreed
to the sanctioning organization's demands in order to retain the title
status of the fight. Because the sanctioning organization was allowed
to select two of the three judges, the president of ABC said the
outcome of the event might have been compromised.
Require Uniform Boxing and Scoring Rules:
In June 1996, a former Nevada Athletic Commission official
testified[Footnote 19] that every boxing match in the United States
should be conducted under the same boxing and scoring rules. While
noting that ABC has established Unified Championship Rules for title
bouts, he said that some commissions do not implement the same rules.
The official said that standardizing boxing and scoring rules is
important because fighters can have difficulty concentrating on
protecting themselves in the ring when they are trying to remember
whether a particular state uses a rule. Similarly, it is difficult for
referees to focus on a bout if they are worrying about changes in the
rules for different bouts.
Review Sanctioning Organizations' Rankings:
The NAAG task force study reported that sanctioning organizations'
rankings often are not based on objective assessments of talent or
records of fighters' wins and losses. Instead, according to the study,
boxers associated with certain promoters may be highly ranked
regardless of their skill and ability. The study reported that this
creates fraud that can have deadly consequences. For example, a fight
advertised as a major championship battle may turn out to be a
mismatch, as was a bout held on November 13, 1982, between Ray "Boom-
Boom" Mancini and Duk Koo Kim of South Korea. Mancini knocked out Kim,
who never regained consciousness and died. The World Boxing Association
had rated Kim as a top contender, even though he was not among Korea's
top 40 fighters.
Require Knowledge of Professional Boxing for Commission Officials:
In 2002, an entertainment manager testified[Footnote 20] that state
boxing commissions are generally underfunded and dominated by political
appointees with limited knowledge of the sport. He said that many of
these officials do not understand the boxing industry well enough to
regulate it.
[End of section]
Appendix III: Selected Boxing Commissions' Documentation of Compliance
with the Act's Provisions:
This appendix presents the results of our analysis of the eight state
and two tribal boxing commissions' documentation of compliance with the
act's provisions and provides information on the reasons given by the
commissions for not having documentation. Figure 3 summarizes the
results of our analysis of the commissions' documentation.
Figure 3: Selected Commissions' Documentation of Compliance with the
Act's Provisions for Boxing Events Held in 2001:
[See PDF for image]
Note: This analysis reflects (1) actual percentages for Indiana,
Michigan, and the Miccosukee and Mohegan Sun tribal jurisdictions,
where we examined documentation for all events held in 2001, and (2)
estimated percentages for California, Florida, Missouri, Nevada,
Pennsylvania, and Texas, where we examined documentation for a
statistical sample of all events held in 2001. Typically, one boxing
event consists of 6 to 10 bouts, each of which may have its own
documentation.
[A] The California and Indiana commissions said they complied with the
provision but did not provide documentation for our review, citing
privacy or other concerns. A California official sought higher-level
approval for our review, but it was not obtained until after we had
completed our work at the commission.
[B] The California commission said it usually complied with this
provision but did not document its compliance.
[C] The California, Indiana, Missouri, Nevada, Pennsylvania, and
Miccosukee commissions said they usually or always complied with this
provision but did not document their compliance.
[D] The Indiana commission did not provide documentation for our
review.
[E] The California, Michigan, and Nevada commissions said they usually
complied with this provision but did not document their compliance.
[F] In figure 1 (p. 14), we categorized two commissions (Pennsylvania
and the Miccosukee Tribe) as having documentation for this provision at
least 75 percent of the time.
[G] The California, Florida, Indiana, Nevada, and Texas commissions
said they complied with this provision but did not document their
compliance. In commenting on a draft of this report, the Missouri
Office of Athletics said that Missouri does not have a commission, but
is staffed by 3 officials. Since Missouri does not have procedures to
prohibit conflicts of interest for the 3 officials, we considered the 3
officials as a commission that did not have documentation evidencing
compliance with this provision.
[H] The California commission said it had purged its documentation for
this provision from its files, and the Indiana commission said it was
experiencing computer problems and could not provide the documentation.
[End of figure]
The remainder of the appendix provides information on the extent to
which the 10 boxing commissions had documentation indicating compliance
with each of the act's provisions related to a fundamental element. For
the commissions that did not have or did not provide documentation for
our review, the appendix also includes the reasons given by the
commissions for not having or providing the documentation. When a
reason is not specified, the commission did not provide a reason.
Figure 4: Evaluate Medical Information and Assess Risks:
[See PDF for image]
[End of figure]
Four of the 10 state and tribal boxing commissions (California,
Indiana, Michigan, and Missouri) provided us with documentation of
compliance less than 50 percent of the time with the act's provision
requiring the evaluation before each match of medical information and
the assessment of risks involved in allowing a boxer to fight. The
Missouri boxing commission said that it does not collect and maintain
medical information because state law concerning confidentiality,
disclosure, and civil liability issues prohibited them from doing so.
The Michigan boxing commission said that they were advised by its legal
counsel to limit the amount of medical information collected due to the
commission's limited authority to collect and protect such information.
The Indiana Boxing Commission said it maintained medical information on
professional boxers, but would not provide that information for review
because of confidentiality and civil liability concerns. A Texas
official said that the Texas Boxing and Wrestling Program used
prelicense and prefight examinations, along with information obtained
from Fight Fax, Incorporated,[Footnote 21] detailing a boxer's record
of wins and losses and medical suspensions, to assess the risks
involved in allowing a boxer to fight before each match. This official
added that when reported information indicated that a boxer's physical
condition was questionable, the commission might require the boxer to
undergo additional medical tests to ensure that he or she was not
participating in an event with a pre-existing injury. According to the
official, the Texas Boxing and Wrestling Program does not disclose
medical information it maintains on boxers to other commissions because
of confidentiality and civil liability concerns. The California State
Athletic Commission said it maintained medical information, such as the
results of annual physicals and any neurological tests, on professional
boxers registered in California, but it did not make this information
available for review during our visit to the commission.
Figure 5: Require Minimum Uniform Contractual Terms:
[See PDF for image]
[End of figure]
Seven of the 10 state or tribal boxing commissions (Florida, Michigan,
Nevada, Pennsylvania, Texas, Miccosukee, and Mohegan Sun) had
documentation at least 75 percent of the time for the provision
requiring minimum uniform contractual terms between boxers and
promoters; the Indiana Commission had documentation 50 to 74 percent of
the time; and the California and Missouri commissions had documentation
less than 50 percent of the time. The Director of the Indiana Boxing
Commission said that the commission's representatives were responsible
for obtaining copies of all contracts between promoters and boxers
before an event and for ensuring that boxers were paid in accordance
with the contractual terms. However, contracts between the promoters
and boxers were missing from most of the commission's event files. The
director said that in some cases boxers forgot to forward their bout
agreements to the commission after the matches. The Executive Officer
of the California State Athletic Commission said that the contractual
agreements between boxers and promoters were submitted to the
commission before events and no events were held unless copies of the
agreements were on file. However, many of the 2001 event files that we
reviewed had no documentation of contractual agreements between boxers
and promoters. No reason was given for the missing contracts. According
to a Missouri Office of Athletics official, its legal counsel advised
the commission against requiring boxing contracts because such
agreements involved civil matters that were outside the jurisdiction of
the Missouri Office of Athletics.
Figure 6: Require Standards for Rating Boxers to Protect against
Mismatches:
[See PDF for image]
[End of figure]
Nine of the state and tribal boxing commissions (Florida, Indiana,
Michigan, Missouri, Nevada, Pennsylvania, Texas, Miccosukee, and
Mohegan Sun) that we reviewed had documentation at least 75 percent of
the time for the provision requiring standards for rating boxers',
considering their records of wins and losses, weight differentials,
caliber of opponents, and numbers of past fights, to protect against
mismatches. The California State Athletic Commission was the only
commission we reviewed that lacked documentation for this provision.
According to the Executive Officer, the commission reviewed the reports
of Fight Fax, Incorporated, and the commission's chief inspector
determined whether boxers were matched in accordance with their boxing
skill levels, but the commission did not maintain any records on this
process.
Figure 7: Conduct Prefight Medical Examinations:
[See PDF for image]
[End of figure]
All 10 of the state and tribal boxing commissions had documentation at
least 75 percent of the time for the provision requiring medical
examinations before fights.
Figure 8: Ensure Presence of Medical Personnel and Equipment:
[See PDF for image]
[End of figure]
Six of the 10 state and tribal boxing commissions (California, Indiana,
Missouri, Nevada, Pennsylvania, and Miccosukee) had documentation less
than 50 percent of the time for the provision requiring the presence of
appropriate medical personnel and equipment during and after each
match. Officials from these 6 commissions said that no fight would
proceed without emergency medical service and an ambulance on-site
during events, but they did not document their compliance with this
requirement. Furthermore, in commenting on a draft of this report, the
Administrator of the Missouri Office of Athletics noted that the act
does not require such documentation. The Florida, Michigan, Texas, and
Mohegan Sun boxing commissions documented the presence of emergency
medical personnel and equipment during the events at least 75 percent
of the time.
Figure 9: Require Health Insurance During Matches:
[See PDF for image]
[End of figure]
Three of the 10 state and tribal boxing commissions (Florida, Indiana,
and Michigan) lacked documentation at least 75 percent of the time for
the provision requiring health insurance for boxers during matches. The
Florida State Athletic Commission said that it had not documented
boxers' health insurance because of a clerical mistake. The Director of
the Indiana Boxing Commission said that many of the commission's 2001
event files were missing documentation of health insurance coverage
because in Indiana, a majority of the professional boxing events were
organized by the same promoters, who usually secured an annual policy
covering all of the events for the year. We asked the official for
documentation of health insurance coverage for the events whose files
were missing such documentation. However, this documentation was not
made available during our review.
Figure 10: Honor Suspensions Imposed by Other Commissions:
[See PDF for image]
[End of figure]
Three of the 10 state and tribal boxing commissions (California,
Michigan, and Nevada) had documentation less than 50 percent of the
time indicating that they had enforced suspensions of boxers imposed by
other commissions. Officials from these 3 commissions said that before
approving fights, they reviewed the suspension information received
from Fight Fax and the national suspension list to ensure that boxers
were not participating in events while serving suspensions imposed by
other commissions. The officials added that although this information
was reviewed, they did not maintain a record of the information in the
event files.
Figure 11: Require Disclosure of Purses and Payments to Promoters and
Judges:
[See PDF for image]
[End of figure]
All 10 of the state and tribal boxing commissions we reviewed had
documentation at least 75 percent of the time for the provision
requiring the disclosure of all purses and amounts paid to promoters.
Two of the 10 commissions (Indiana and Missouri) had documentation less
than 75 percent of the time for the provision requiring the disclosure
of amounts paid to judges. The Director of the Indiana Boxing
Commission said that the commission verified all forms of payment
before events and ensured that all payments were made immediately after
the events, but the commission did not make this information available
during our review. The Missouri Office of Athletics said that the
commission did not always document amounts paid to judges because
Missouri law did not require the disclosure of such information. The
official added that the promoters usually pay the judges by check
through the Missouri Office of Athletics for tax purposes.
Figure 12: Prohibit Conflicts of Interest for Boxers, Promoters, and
Commission Representatives:
[See PDF for image]
[End of figure]
The Miccosukee Athletic Commission was the only boxing commission with
documentation at least 75 percent of the time for the provision that
calls for ensuring that there are no conflicts of interest for boxers
and promoters. Officials from the Michigan, Missouri, and Mohegan Sun
boxing commissions said they were unaware that the provision had been
enacted in federal law. The Director of the Indiana Boxing Commission
said Indiana had not experienced any problems with boxers and promoters
relating to conflicts of interest; therefore, the commission felt
documentation for this provision was unnecessary.
The Pennsylvania Athletic Commission was the only boxing commission
with documentation at least 75 percent of the time for the provision
that calls for ensuring that there are no conflicts of interest for
boxers and commission representatives. Officials from the Michigan,
Missouri, and Mohegan Sun commissions said they were unaware that the
provision had been enacted in federal law, and officials from the
California, Florida, Indiana, Nevada, and Texas[Footnote 22]
commissions said they did not maintain documentation for this provision
because they believed these issues were addressed through discussions.
Figure 13: Require Registration for Boxers and Certification and
Approval for Ring Officials:
[See PDF for image]
[End of figure]
All 10 of the state and tribal boxing commissions we reviewed had
documentation at least 75 percent of the time for the provision
requiring boxers to be registered. Two of the 10 commissions
(California and Indiana) had documentation less than 50 percent of the
time for the provision requiring ring officials to be certified and
approved. The Executive Officer of the California State Athletic
Commission said the commission documented only current registrations
and had purged the 2001 data from its files. During our review, the
Director of the Indiana Boxing Commission said the commission was
experiencing computer problems and could not provide us with the list
of ring officials certified and approved in 2001.
[End of section]
Appendix IV: State and Tribal Provisions That Cover Additional Health,
Safety, Economic, and Integrity Elements:
This appendix provides information on the extent to which the 10 states
and tribes that we reviewed had provisions covering health, safety,
economic, and integrity elements in addition to those covered by the
act. The appendix also provides the states' and tribes' reasons for not
having provisions covering certain elements. When reasons are not
specified, the commissions did not provide them.
Conduct Postfight Medical Examinations, Including Neurological
Testing:
None of the 10 state and tribal commissions we reviewed had provisions
requiring postfight medical examinations, including neurological
testing, for all boxers who participate in events outside their own
jurisdictions. Three of the commissions said they did not have
provisions requiring postfight medical examinations or neurological
testing because they did not have the financial resources to administer
such requirements and it would not be feasible to require small
promoters or boxers to pay for them. However, the California, Indiana,
Nevada, Texas, and Pennsylvania boxing commissions said they required
postfight medical examinations when a commission requested that a
previously injured boxer obtain a medical release before being allowed
to fight.
Monitor Training Injuries:
California was the only commission that required the monitoring of
injuries sustained during training before events. Five of the state and
tribal boxing commissions (Indiana, Missouri, Mohegan Sun,
Pennsylvania, and Texas) agreed that from a safety perspective,
monitoring boxers' gym activities was a good concept, but they said
they did not have the personnel or financial resources to monitor local
gym activities. The Executive Director of the Pennsylvania Athletic
Commission said that Pennsylvania did not require the monitoring of gym
injuries before events, but he personally visited each local gym once
or twice a year to monitor gym activities.
File Postfight Medical Reports:
Eight of the state and tribal commissions (California, Indiana,
Michigan, Missouri, Nevada, Pennsylvania, Texas, and Mohegan Sun)
required the filing of postfight medical reports. The Executive
Director of the Florida State Athletic Commission said Florida did not
require the filing of postfight medical reports because the commission
and the small promoters and boxers did not have the financial resources
to pay for physicians to conduct such examinations. The official added
that in many cases the small promoters struggled to pay for the
physicians needed to conduct the required prefight examinations. The
Executive Director of the Miccosukee Athletic Commission said that the
commission did not require the filing of postfight medical reports;
however, he said a medical referral might be given to a boxer if the
ringside physician suspected that the boxer had been injured and a
follow-up examination or observation was needed.
Require Health and Life Insurance Before and After Fights:
None of the state and tribal commissions require that boxers be
provided with health and life insurance before and after each match.
Generally, the commissions required the promoters to secure health
insurance during a match, as the act requires. Some of the policies
provided extended coverage for medical and accidental death and
dismemberment for up to 1 year following the match. Four of the
commissions (Michigan, Missouri, Pennsylvania, and Texas) said that
providing coverage to boxers before or between matches--that is, during
training--would be too costly. They stated that it is not the
commissions' responsibility to provide coverage, since boxers are
independent contractors.
Enforce Suspensions for Training Injuries:
California was the only state that required its commission to suspend
boxers for training injuries. All of commissions agreed that suspending
boxers for gym injuries was not feasible because many of the
commissions were experiencing personnel and budgetary constraints and
did not have the resources to monitor gym activities.
Require Pension Plans:
California was the only state that required pension plans for
professional boxers. Officials at the other nine commissions said that
this was a positive initiative; however, six of the commissions
(Indiana, Miccosukee, Michigan, Missouri, Pennsylvania, and Texas)
questioned the contribution sources and basis for qualification. The
Boxing Administrator of the Texas Boxing and Wrestling Program said
that the problems associated with pension and retirement plans were
similar to those attending the health insurance issue and that they
were social rather than professional boxing issues. According to the
Director of the Indiana Boxing Commission, pension plans would benefit
boxers a great deal, particularly if boxers were older and nearing
retirement, younger and intending to make a career of professional
boxing, or injured and without an alternative source of income. The
official said that problems would arise with funding, because promoters
have little incentive to fund pension plans for boxers and might be
unable to afford the additional expense. He said that deducting money
from each boxer's purse would also be difficult, because most boxers do
not earn more than a few hundred dollars per bout.
According to the Executive Director of the Pennsylvania Athletic
Commission, the commission is pursuing funding for pension plans. The
official added that in 1992, the commission attempted to use its budget
surplus to start a trust for professional boxers; however, because of
shortfalls elsewhere in the state's budget, the funds were expended on
other projects. The commission is initiating a charitable trust under
ABC that has received some voluntary contributions thus far. The goal
is to reach $500,000 in principal and operate the program using the
account's interest. The official said that because professional boxers
are not unionized, a traditional pension fund would not be feasible.
The Enforcement Division Director of the Michigan Bureau of Commercial
Services said that the commission views operating a pension plan as
outside the state's role to protect the consumer. In addition, the
official said, promoters operating in Michigan would not be willing to
fund a pension plan. Officials from the Missouri Office of Athletics
and the Miccosukee Athletic Commission supported the establishment of a
pension plan; however, they questioned the feasibility of doing so,
since boxers are independent contractors.
Require Disclosure of All Purses and Payments to Trainers and Boxers:
Two of the state and tribal boxing commissions (Florida and Mohegan
Sun) required full and open disclosure of all purses and costs of
bouts, with the amounts paid to trainers and boxers broken out.
According to the Executive Officer of the California State Athletic
Commission, California has no provision requiring the disclosure of all
purses and costs to trainers, but does require that the amounts paid
and costs assessed to boxers be disclosed. The Enforcement Division
Director of the Michigan Bureau of Commercial Services said that the
commission did not have a provision requiring the disclosure of all
purses and costs to trainers and boxers because the commission did not
enforce any such agreements between these parties, as directed by their
legal counsel. The Boxing Administrator of the Texas Boxing and
Wrestling Program said that Texas only had provisions requiring the
disclosure of all purses and costs to promoters and boxers. However,
the Texas official said that the organization documented information on
the fees that the trainers were paid from the boxer's purse, although
there was no requirement for such documentation.
Prohibit Conflicts of Interest for Judges and Referees:
Eight state and tribal commissions (Florida, Indiana, Michigan, Nevada,
Pennsylvania, Texas, Miccosukee, and Mohegan Sun) prohibited conflicts
of interest for judges and referees. According to the Missouri Office
of Athletics official, the commission has provisions for ensuring that
there are no conflicts of interest for state boxing commission
representatives. The official did not explain why the provisions do not
address conflicts of interest for managers, judges, and referees. The
Enforcement Division Director of the Michigan Bureau of Commercial
Services said that a number of state officials resigned after the act
established conflict of interest standards.
Require Registration and Training for Trainers, Managers, Promoters,
and Physicians:
Missouri was the only commission we reviewed with a provision requiring
trainers, managers, promoters, and physicians to be registered and
receive training. Officials from six of the commissions (California,
Florida, Indiana, Miccosukee, Pennsylvania, and Texas) said that they
had provisions requiring these occupations to be registered, but
because of limited financial resources, the provisions governing
training were applicable only to physicians and ring officials.
Preclude Sanctioning Organizations from Exercising Undue Influence:
Seven of the 10 state and tribal commissions (California, Florida,
Missouri, Nevada, Pennsylvania, Texas, and Mohegan Sun) we reviewed had
provisions for selecting judges and ensuring that sanctioning
organizations do not influence the selection process.
Select Uniform Boxing and Scoring Rules:
All 10 of the commissions we reviewed had provisions for selecting the
boxing and scoring rules for events, such as ABC's rules for
championship events.
Require Boxing Knowledge for Commission Officials:
Seven of the 10 commissions (California, Florida, Michigan, Nevada,
Pennsylvania, Texas, and Miccosukee) had provisions that require
officials who serve on boxing commissions to have knowledge of
professional boxing. According to the Administrator of the Missouri
Office of Athletics, the governor appoints the officials serving on the
state's boxing commission, and, as a result, some of these officials
may not have a professional boxing background or knowledge. Similarly,
representatives of the Mohegan Tribe appoint the officials serving on
the Mohegan Tribal Gaming Commission Athletic Unit and therefore,
according to the unit's legal counsel, some of the officials may not
have an extensive background in boxing. However, this has not been the
commission's experience, the counsel said.
[End of section]
Appendix V: Objectives, Scope, and Methodology:
In analyzing the adequacy of efforts to protect the health, safety, and
economic well-being of professional boxers and to enhance the integrity
of the sport, our objectives were to (1) identify fundamental elements
considered important to address the major health and safety, economic,
and integrity problems facing professional boxing; (2) assess the
extent to which the act's provisions cover these elements and whether
selected state and tribal boxing commissions have documentation
indicating compliance with the act's provisions; (3) assess the extent
to which selected states and tribes have adopted provisions that cover
fundamental elements in addition to those covered in the act; and (4)
determine what actions the Department of Justice and the Federal Trade
Commission (FTC) have taken under the act.
To identify fundamental elements that are considered important to
address the major health and safety, economic, and integrity problems
facing professional boxing, we reviewed recent congressional testimony
and studies conducted by a task force of the National Association of
Attorneys General, the Department of Health and Human Services, and the
Department of Labor. From these sources, which documented problems in
the boxing industry and made recommendations to address them, we
identified major problems facing the sport and consolidated the
recommendations into 15 fundamental elements that, if implemented,
could provide an adequate level of health, safety, and economic
protection to boxers and help enhance the integrity of the sport. We
discussed these elements with the Association of Boxing Commissions,
which agreed that the elements could provide the desired protection and
enhancement.
To assess the extent to which the act's provisions cover the
fundamental elements we identified, we analyzed the act's provisions
and determined how many cover fundamental elements, either fully or
partially. To assess the extent to which selected state and tribal
boxing commissions have documented their compliance with the act's
provisions, we identified 8 of the 46 state boxing commissions and 2 of
the 8 tribal boxing commissions for review. We looked at provisions in
the act that were related to the 15 fundamental elements. The eight
states are California, Florida, Indiana, Michigan, Missouri, Nevada,
Pennsylvania, and Nevada; the two tribes are the Mohegan Sun
(Connecticut) and the Miccosukee (Florida). We selected California,
Florida, Missouri, Nevada, Pennsylvania, and Texas because they held
the largest number of professional boxing events in calendar year 2001,
the most recent year for which complete data were available. We
selected Michigan and Indiana to represent states that held a smaller
number of events in calendar year 2001 than the other states selected.
We selected the Miccosukee and Mohegan Sun tribes because they were the
Indian tribes that held the largest number of professional boxing
events in calendar year 2001. The state and tribal commission we
selected accounted for 49 percent of all professional boxing events
held in the United States during calendar year 2001.
At the Indiana, Michigan, Miccosukee, and Mohegan Sun commissions, we
reviewed the cases files for all professional boxing events held in
2001, and at the remaining commissions, we reviewed the case files for
a random selection of professional boxing events held in 2001. Because
we randomly selected boxing events in these states for review, our
sample for each of these states is just one of many samples we could
have drawn. Since each sample could have produced a different estimate,
we express our confidence in the precision of the estimates for our
particular samples using 95 percent confidence intervals. These are
ranges within which we are confident that 95 out of 100 samples drawn
from these particular events would include the true value for all the
events in the state. All the estimates based on sample data in table 3
have 95 percent confidence intervals not exceeding plus or minus 10
percentage points, unless otherwise indicated. To present the results
of our case file reviews, we divided the actual or estimated
percentages of cases with documentation into three compliance
categories: 75 to 100 percent, 50 to 74 percent, and below 50 percent.
We did not independently verify the documented compliance, and the
results of our reviews at these 10 commissions cannot be generalized to
all boxing events held nationwide during 2001.
The documentation that we reviewed at the selected commissions varied.
Because the act does not require documentation and the commissions have
no uniform record-keeping standards, we considered all types of
documentation maintained and provided to us by the commissions for our
review. Such documentation included pre-and post-fight medical
examination check sheets, insurance coverage forms, copies of contracts
between boxers and promoters, event sheets identifying boxers'
registration numbers, promoters' revenue reports to commissions, and
statements of independence signed by ring officials.
To assess the extent to which selected states and tribes have adopted
provisions that cover fundamental elements in addition to those covered
in the act, we reviewed the boxing provisions enacted by the eight
states and two tribes and identified provisions that cover fundamental
elements or portions of fundamental elements that the act does not
cover. We confirmed with the boxing commissions of these states and
tribes that they agreed with our analysis of their provisions, and we
asked these officials why their state or tribe had not enacted
provisions covering additional fundamental elements. Our findings for
these selected states and tribes cannot be generalized to all 46 states
and eight tribes. We did not assess the extent to which the states and
tribes had implemented or enforced the provisions that cover additional
fundamental elements.
To determine what actions the Department of Justice and FTC have taken
under the act, we determined the role that each is assigned under the
act. We then met with Justice officials to identify whether any
investigations or prosecutions had been conducted under the act in the
jurisdictions of the eight state and two tribal commissions in 2001. In
addition, we reviewed Justice's central case management system for
possible cases prosecuted during fiscal years 1996 through 2002. We
also met with FTC officials to determine whether they had received
consumer complaints related to the boxing industry. Furthermore, to
determine that the sanctioning organizations were making the required
information available to the public, we reviewed the Internet Web sites
of 14 sanctioning organizations.
We performed our work in accordance with generally accepted government
auditing standards from September 2002 through July 2003 in Washington,
D.C., and at the following state or tribal boxing commission locations:
California State Athletic Commission, Sacramento, California; Florida
State Athletic Commission, Tallahassee, Florida; Indiana Boxing
Commission, Indianapolis, Indiana; Michigan Bureau of Commercial
Services, Lansing, Michigan; Missouri Office of Athletics, Jefferson
City, Missouri; Nevada Athletic Commission, Las Vegas, Nevada;
Pennsylvania Athletic Commission, Harrisburg, Pennsylvania; Texas
Boxing and Wrestling Program, Austin, Texas; Miccosukee Athletic
Commission, Miami, Florida; and the Mohegan Tribal Gaming Commission
Athletic Unit, Uncasville, Connecticut.
[End of section]
Appendix VI: Comments from the Association of Boxing Commissions:
Association of Boxing Commissioners:
June 30, 2003:
Bernard L. Ungar, Director Physical Infrastructure Issues General
Accounting Office Washington, DC 20548:
Re: Professional Boxing: Issues Related to the Protection of Boxers'
Health, Safety and Economic Interests. (GAO 03-699):
Dear Director Ungar:
Thank you for the opportunity to respond to the above report on behalf
of the Association of Boxing Commissions, (ABC). The ABC draws its
membership from state and tribal boxing commissions from around the
country. It has long been an organization, which has attempted to
standardize the regulation of boxing in the United States. The ABC has
had some successes, however, much work needs to be done to continue to
improve how each of its members uniformly regulate boxing. These
comments are being made after reviewing a draft copy of the report for
only two hours. It was very unfortunate that I was unable to retain a
draft copy in order to formulate my response on behalf of the ABC.
The ABC's membership comes from a wide spectrum of members, in that
some members regulate in excess of 60 boxing shows per year while other
members regulate as few as one or two boxing shows per year. As you
could imagine the feedback that I receive from the membership is very
mixed. There are many who do no want federal intervention, while other
welcome it. Yet there are other that are very concerned with economic
impact to their jurisdiction with the discussion of the mandatory
implementation of neurological testing and HIV and Hepatitis testing
prior to each bout. There are still others who are not concerned with
the cost of these types of exams.
Some commissions will suffer and the number of boxing shows will be
greatly reduced if these medical exams become law.
The ABC is frustrated at the lack of enforcement of the Professional
Boxing Safety Act of 1996. The ABC has made two referrals to the United
States Attorney General's office, but each complaint was turned down
and not prosecuted. There are violations on a monthly basis, by
promoters, sanctioning organizations, managers and yes, even boxing
commissions. However, no governmental agency is willing to stick their
neck out to enforce the current laws. Quite often the ABC is scolded by
the media and other for not taking action, however, the ABC has no
power. It is a "toothless tiger.":
I hope the membership can use the ten areas outlined in this report as
a starting point to begin the process of standardizing there
regulations of boxing across the board.
Sincerely,
Timothy J. Lueckenhoff
President:
Signed by Timothy J. Lueckenhoff:
[End of section]
Appendix VII: Comments from the Missouri Office of Athletics:
MISSOURI DEPARTMENT OF ECONOMIC DEVELOPMENT
Bob Holden Governor:
OFFICE OF ATHLETICS 3605 Missouri Boulevard P.O. Box 1335:
Jefferson City, MO 65102-1335 Telephone 573-751-0243:
Fax 573-751-5649:
800-735-2966 TTY Relay Missouri 800-735-2466 Voice Relay Missouri:
Division of Professional Registration
June 30, 2003:
Bernard L. Ungar, Director Physical Infrastructure Issues General
Accounting Office Washington, DC 20548:
Re: Professional Boxing: Issues Related to the Protection of Boxers'
Health, Safety and Economic Interests. (GAO 03-699):
Dear Director Ungar:
Thank you for the opportunity to respond to the above report on behalf
of the Missouri Office of Athletics. First, I would like to commend
both Fredrick Lyles and Bernice Benta for their professionalism in the
treatment of myself and the staff of our office. These comments are
being made after reviewing a draft copy of the report for only two
hours. It was very unfortunate that I was unable to retain a draft copy
in order to formulate my response.
I must say that the results of the report are not shocking to this
office and I somewhat expected the findings contained herein. The
Missouri Office of Athletics prides itself on compliance with the state
and federal laws and its close relationship to the Association of
Boxing Commissions. The Missouri Office of Athletics encourages the
standardized regulation of boxing across the country. However, everyone
involved must understand that any actions taken will come at a cost to
the profession of boxing. Therefore, the recommendations that are made
in this report, must also consider the economic impact to the sport of
boxing.
It is noted in this report that the Missouri Office of Athletics failed
to document that appropriate medical personnel was present at each and
every boxing event. I will assure you that prior to May 2002, medical
personnel with resuscitation equipment were present at each boxing
event. In May of 2002, the Missouri Office of Athletics
enacted an administrative rule, which requires the presence of an
ambulance and crew at each boxing and martial arts event promoted in
Missouri.
The report noted that the Missouri Office of Athletics does not have
procedures to prohibit conflicts of interest for commission members.
The Missouri Office of Athletics does not have a commission; it is
staffed by the Division Director, Executive Director and the
Administrator.
The report also notes that neurological testing should be completed
before and after a boxing match. I agree with these types of testing,
however, to implement such a requirement would surely drastically
decrease the number of club shows. Avenues should be researched to
assist club show boxers with the means to obtain these medical exams at
a reduced rate.
The report further suggests that medical insurance should be provided
before, during and after a boxing event. The office certainly agrees
that the promoter should provide medical insurance and death benefit
insurance for boxers, however, the office would oppose insurance to be
provided for boxers before an event.
The bottom line with all of the suggestions contained with this report
are, who is going to enforce these new laws, if passed? Currently, the
federal law is not enforced. Considerations must also be made for the
economic impact of the sport.
Both state and tribal boxing commission through the Association of
Boxing Commissions should work to standardize the regulation of boxing
in the areas outlined in this report.
Sincerely,
Timothy J. Lueckenhoff
Administrator:
Signed by Timothy J. Lueckenhoff:
[End of section]
Appendix VIII: Comments from the Miccosukee Athletic Commission:
MICCOSUKEE ATHLETIC COMMISSION:
7700 NORTH KENDALL DRIVE SUITE 303 MIAMI, FLORIDA 33156 Te1ephone:
(305) 279-4596 - Fax: (305) 279-1365
June 30, 2003:
SENT VIA FAX AND U.S. MAIL Bernard L. Ungar, Director Physical
Infrastructure Issues United States General Accounting Office
Washington, D.C. 20548:
Re: Professional Boxing Draft Report on Issues Relating to the
Protection of Boxers' Health, Safety, and Economic Interests (GAO-03-
699):
Dear Mr. Ungar:
Thank you for providing information extracted from the above-referenced
report pertaining to the Miccosukee Athletic Commission ("MAC"), for
our review. We welcome the opportunity to offer additional comments.
Please be advised that many of the issues raised in your draft report
were addressed through correspondence to Mr. Frederick Lyles, Jr.,
dated January 6, 2003, and subsequent discussions between Mr. Lyles and
Don Hazelton, MAC Executive Director. We hope the additional comments
provided herein will assist your office in adequately addressing and
clarifying some of the preliminary findings pertaining to MAC's
treatment of the elements identified in the draft report.
1. DOCUMENTATION OF COMPLIANCE[NOTE 1]:
1. Provision - Ensure the presence of appropriate medical personnel and
equipment during and after each match.
Comments - MAC General Rules of Boxing, Section 1.006 2(b) provides
that " [A] seat for each physician shall be located adjacent to each
participant's corner in such location and at such height that each
physician shall have a clear and unobstructed view of the ring, ring
floor, the participant's corner and the referee." Subsection (c)
provides that no match shall begin or continue unless at least one
physician is located in his/her designated seat.
Moreover, Section 1.006 further provides:
(3) Emergency Medical Equipment and Services.
(a) It shall be the responsibility of the promoter to provide the
following: 1. A portable resuscitator with all additional equipment
necessary for its operation;
2. An ambulance with two qualified attendants;
3. A clean stretcher and clean blanket, to be located along with the
ambulance attendants, at a location determined by the executive
director.
(b) No match shall begin or continue unless such equipment and personnel
are on the premises, in a state of readiness and in a pre-designated
readily accessible location known to the referee, physicians and the
Commission representative.
As attested by Executive Director, Don Hazelton, in his discussions
with Mr. Lyles, no match under the jurisdiction of the Commission has
commenced or continued, without the continuous presence, on site, of an
ambulance, emergency personnel and equipment, and at least one
physician. In fact, MAC Rules require the presence of two (2)
physicians at all of its professional boxing matches, who are required
to remain on the premises until released by the Executive Director.
_See MAC Rules, Section 1.010 (2) (a) and (g). Moreover, the Boxing
Program Results form (MAC-464), which is transmitted via facsimile to
the National Boxing Registry ("Fight Fax") following each boxing event,
identifies the names of the physicians present at the match.
A finding that there was no "documentation" concerning the above-
mentioned requirement, does not adequately reflect MAC's compliance
therewith. To the extent documentation is found to be necessary, this
concern can be addressed by generating an additional "check-list" type
form identifying the medical and emergency personnel and equipment and
times of arrival and departure and including said form in each boxing
event file.
2. Provision - Prohibit conflict of interest for commission
representatives.
Comments - MAC General Rules of Boxing Section 1.0023, provides, in
pertinent part, as follows:
(9) No member or employee of the Commission shall have any direct or
indirect financial or pecuniary interest in any person under the
jurisdiction of the Commission.
(10) No member or employee of the Commission shall be a member of,
belong to, contract with, or receive any compensation from, any person
or entity who sanctions, arranges, or promotes professional boxing or
who otherwise has a financial interest in an active boxer currently
registered with a boxing registry.
Pursuant to MAC Rules, Section 1.002 (8), the commission
representative, inspector and time-keeper are considered employees of
the Commission. The General Application for License form (MAC-450),
which is required to be completed and submitted annually by MAC
inspectors, time-keepers, and officials, such as, judges and referees,
requires the applicant to disclose the identity of any persons under:
the jurisdiction of any boxing commission or similar governmental
authority, in which the applicant has a financial interest. This
disclosure requirement identifies potential conflict of interest issues
with respect to officials (e.g. judges, referees), commission employees
(e.g. inspectors, time-keepers), and others. Following each match all
MAC Officials (e.g. judges and referees) are required to complete and
submit a Disclosure Statement for Officials form (MAC-500), which
additionally identifies any potential conflict of interest issues.
Moreover, due to the structure of the MAC, and the fact that boxing
matches held under its jurisdiction are limited in number and location,
generally the Executive Director has not found it necessary to appoint
a "Commission Representative" to perform the duties and
responsibilities outlined in MAC Rules, Section 1.0027. Many of those
duties are carried out by the Executive Director himself, the chief
inspector and the inspectors.
2. EXTENT TO WHICH TRIBAL PROVISIONS COVER ADDITIONAL ELEMENTS[NOTE
2]:
1. Element - Conduct medical post-fight medical examinations, including
neurological testing.
Comments - With regard to neurological examination, MAC General Rules
of Boxing, Section 1.005 (2) provides:
(1) The executive director shall, if he has cause to believe that a
participant may have suffered cardiac or neurological injury, direct
the participant to undergo an EKG, EEG, or CAT scan. The interpretation
and diagnosis shall be filed with the Commission. It is the
responsibility of the promoter to ensure that this requirement is
satisfied.
Section 1.012 (d) further provides, in pertinent part, that no person
shall be licensed as a participant and the license of any participant
shall be suspended or revoked if such person:
5. Has suffered cerebral hemorrhage or any other serious head injury.
The Commission representative shall, if he has cause to believe that a
participant may have suffered neurological injury, direct the
participant to undergo an EKG or CAT scan, and the interpretation and
diagnosis shall be filed with the Commission.
Furthermore, the MAC Rules specifically address post-match physical
examinations. For example, Section 1.037, entitled: "Post-Match
Physical Requirements; Suspensions," provides, in pertinent part, as
follows:
(1) As a result of injuries or suspected injuries sustained or suspected
to have been sustained in any match, the executive director or
Commission representative shall order a medical examination to be given
to any participant or referee at any time, if he has cause to believe
that the health or safety of the participant or referee is in jeopardy.
As illustrated by the foregoing provisions, the MAC has regulations
which adequately address post-match physical and neurological
examinations.
2. Element - Monitor training injuries.
Comments - Given the limited jurisdiction of the MAC, as well as its
structure and manpower, it would not be feasible for MAC, or any other
boxing commission for that matter, to send representatives to
gymnasiums throughout the United States and other countries to monitor
real time training injuries. The best method to monitor such injuries
is by conducting a thorough pre-match physical examination. In that
regard, MAC General Rules for Boxing, Section 1.004 (3) entitled "Pre-
Match Physical of Participant and Referee", evaluates such things as
recent wounds and injuries.
3. Element - Filing of post-fight medical reports.
Comments - The MAC Rules and Regulations do not require the filing of
post-fight medical reports, but address the issue of post-fight
physical examinations. See Comments set-forth at Section B (1) above.
To the extent it is determined that a post-fight medical report should
be generated, this can be accomplished by producing an appropriate form
to be included in each boxing event folder.
4. Element - Health and life insurance before and after fights.
Comments - MAC regulations do not specifically require promoters to
provide pre-match and/or post-match health and life insurance coverage
to boxers. However, MAC Rules, Section 1.0035 (4) provide that "the
promoter shall provide additional insurance coverage as may be required
by the commission", thereby giving the Commission discretion to require
either pre-match and/or post-match health and life insurance. While,
from a regulatory stand point, it may be feasible to enforce this
requirement, its practical effect would be to impose an undue financial
burden on small promoters.
5. Element - Enforce suspensions for training injuries.
Comments - As noted by the comments of the Executive Director Don
Hazelton in the draft report at page 13, and as stated in Section B 2
above, suspensions, and enforcement thereof, for training injuries
would not be feasible because most commissions do not have the
experienced personnel and budget to monitor training activities
throughout the United States or other countries. However, if a
suspension is issued by any commission for training injuries and filed
with the National Boxing Registry, it should be honored and enforced by
other commissions just like any other suspension.
6. Element - Require pension plans.
Comments - As noted in the comments of the MAC Executive Director, as
outlined in the report at page 13 - 14, as a general principle MAC is
not opposed to establishment of pension plans for boxers. However, this
issue needs to be carefully studied and considerations be given to such
things as sources of contribution, basis for qualification, etc.
Moreover, the boxers' status as "independent contractors" may affect
the appropriateness of requiring pension plans.
7. Element - Require disclosure of all purses and payments to trainers
and boxers.
Comments - MAC General Rules for Boxing, Section 1.005 provides
disclosure requirements for promoters and requires acknowledgment of
such disclosures by the boxer. See Mac Rules Section 1.005 (3)(a) (c).
Both promoter and boxer are required to submit to the Commission
documentation
of compliance. See Promoter Disclosure Statement (MAC-501) and
Acknowledgment of Disclosure by Promoter (MAC-502).
8. Element - Prohibit conflicts of interest for Judges and Referees.
Comments - MAC General Rules for Boxing Section 1.013 (1) provides, in
pertinent part:
(b) A judge shall not also be licensed as a booking agent, manager,
matchmaker, participant, representative of a booking agent, second or
trainer.
(c) No judge shall have a financial or pecuniary interest in any
participant.
(d) No judge shall also serve as a supervisor or serve on the ratings
committee for a sanctioning body.
Section 1.019 provides, in pertinent part:
(c) No person who has financial or pecuniary interest in any participant
shall be granted a referee license.
(d) No referee shall also be licensed as a booking agent, manager,
matchmaker, participant, representative of a booking agent, second or
trainer and shall not act as a booking agent, manager, matchmaker,
participant, representative of a booking agent, second or trainer.
(e) No referee shall also serve as a supervisor or serve on the ratings
committee for a sanctioning body. The applicant must have a
demonstrated record and evidence that he\she has the ability to perform
the duties outlined below. The executive director may issue a temporary
license pending final action by the Commission.
The General Application for License form (MAC-450), which is required
to be completed and submitted annually by MAC judges and referees,
requires the applicant to disclose the identity of any persons under
the jurisdiction of any boxing Commission or similar governmental
authority, in which the applicant has a financial interest. This
disclosure requirement identifies potential conflict of interest issues
with respect to judges and referees. Moreover, pursuant to MAC Rules,
Section 1.013 (3) and Section 1.019 (3), judges and referees are
required to complete and submit a Disclosure Statement for Officials
form (MAC-500), which documents compliance with conflict of interest
concerns.
9. Element - Require registration and training for trainers, managers,
promoters and physicians.
Comments - MAC General Rules for Boxing Sections 1.005, 1.010, 1.011,
and 1.023 require licensing (registration) for promoters, physicians,
managers and trainers. The license application for seconds, trainers
and managers asks the applicant to provide information which qualifies
the applicant for the license being sought. This information is used to
evaluate the individuals' experience and training in this area. The
training of promoters, managers and trainers is certainly an
aspirational goal, however enforcement of minimum training requirements
may not be feasible. With regard to ring officials, the MAC Rules
provide for training and certification requirements. See MAC Rules,
Section 1.013 (1)(e) and (f); and Section 1.019 (1)(f), (2)(d).
10. Element - Preclude sanctioning organizations from exercising undue
influence.
Comments - Pursuant to MAC Rules Section 1.0025 (a) it is the duty and
responsibility of the Executive Director to ensure that all matches are
conducted in accordance with the MAC Rules and Regulations. By
implication, this provision precludes sanctioning organizations from
exercising undue influence over the decisions of the Executive Director
concerning appointment of match officials, approving/disapproving a
match, and other matters relating to the conduct ofprofessional boxing
matches held under the jurisdiction of the Commission. MAC agrees that
sanctioning organizations should be prohibited from engaging in any
attempt to exercise undue influence over regulatory decisions of state
and tribal boxing commissions.
In conclusion, we would note that the GAO report helped to clarify the
issues related to the protection of boxers' health, safety and economic
interests. In that regard, we commend the efforts of' Frederick Lyles
whose professionalism and fairness facilitated our ability to candidly
express our concerns on the impact of current and future federal
legislation.
The foregoing represents the Miccosukee Athletic Commission's comments
concerning the preliminary findings contained in the draft report.
Again, we appreciate the opportunity to provide input for your office's
final report. If you have any questions concerning these comments,
please contact Don Hazelton at (850) 878-7725 or the undersigned at the
number listed above.
Very truly yours,
Don F. Hazelton
Executive Director,
Miccosukee Athletic Commission:
Juan M. Vargas, Esq.
Legal Counsel to the Commission:
Signed by Don F. Hazelton and Juan M. Vargas:
cc: Frederick Lyles:
NOTES:
[1] It should be noted that under Florida and federal law
"documentation" of compliance is not required.
[2] It should be noted that compliance with these additional elements
or documentation thereof, is not presently required under Florida or
federal law.
[End of section]
Appendix IX: Comments from the Mohegan Tribal Gaming Commission
Athletic Unit:
June 23, 2003:
Mr. Bernard L. Ungar, Director Physical Infrastructure Issues U.S.
General Accounting Office Room 2T23, 441 G Street, N.W. Washington, DC
20548:
Dear Mr. Ungar:
I have received a copy of the draft report titled, Professional Boxing:
Issues Related To the Protection of Boxers' Health, Safety and Economic
Interests (GAO-03-699). As requested, I have reviewed the report and
appreciate the opportunity to make the following comments:
In regards to the monitoring of boxer training injuries and suspensions
for such, the Mohegan Tribe purposely does not engage in such oversight
for an obvious reason. There are no training facilities or gyms (public
or private) within its 247-acre reservation.
Boxers who compete on the reservation prepare for their bouts off site
and, obviously, beyond our jurisdiction. Therefore, monitoring of
training session injuries is beyond the purview of our department. If
a. boxer sustains a training injury, for his protection we can only
hope that a) he or his camp notifies us directly o`f such, b) the
regulatory body with oversight of the training location notifies us of
the injury or subsequent suspension or c) the injury is detected by our
physicians during the pre-fight medical examination.
I would like to commend the General Accounting Office for the
professional effort put forth during the research phase of the report.
In particular, Misters John Vocino and Frederick Lyles displayed
genuine interest in the subject matter and an understanding of the
current issues surrounding the sport of professional boxing. It was a
pleasure assisting them during their visit to the reservation.
Jerome F. Boyle
Manager
Department of Athletic Regulations:
THE MOHEGAN TRIBE:
Signed by Jerome F. Boyle:
[End of section]
Appendix X: Comments from the Pennsylvania Athletic Commission:
COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF STATE STATE ATHLETIC
COMMISSION 2601 NORTH 3rD STREET HARRISBURG, PA 17110:
Gregory P. Sirb Telephone: (717) 787-5720:
Executive Director Fax; (717) 783-0824:
DATE: June 26, 2003:
SUBJECT: GAO Report-Professional Boxing:
TO: Bernard L. Unger, Director, Physical Infrastructure Issue;
FROM: Gregory P. Sirb, Executive Director Pennsylvania State Athletic
Commission:
Thank you very much for the opportunity to provide comment on the
Pennsylvania portions of your draft report, Professional Boxing: Issues
Related To The Protection of Boxers' Health, Safety and Economic
Interests (GAO-03.699). Our Commissions comments are as follows:
* Ensure Presence of Medical Personnel/Equipment (p. 9). Please note
that Section 707 of the State Athletic Code, 5 Pa-C.S. § 707, requires
that an ambulance with appropriate equipment be at ringside at all
times.. (Act 32-1992, Section 707). This is verified by the ringside
doctors, the Executive Director and the Inspectors assigned to the
event. There has never been a professional boxing event held in
Pennsylvania without an ambulance and medical personnel present.
* Conduct post fight exams (p. 12). In Pennsylvania, ringside physicians
are required to complete a Post bout exam/report of each boxer
competing. These reports are on file with the Commission. When
completing these reports the doctors can include any type of:
follow-up medical testing (including neurological) if the doctor feels
it is necessary for the over-all well-being of the boxer.
Require health and life insurance for boxers before and after each
match (p.12). In Pennsylvania, all boxers are covered by insurance.
This covers them for any and all injuries sustained in a match. This
coverage is good for one (1) year after the match so that a boxer is
covered for a year for, any injury sustained in a boxing event held in
Pennsylvania.
Enforce Suspensions for Training Injuries (p. 12). Although this does
occur at times, because of personnel and budgetary restraints it is
very difficult to be at all the training facilities monitoring all the
boxers. Often boxers or their trainers will contact the Commission
regarding an injury suffered before an event at which case a
Commission-approved physician will follow up with a physical exam to
determine this boxer's over-All physical health.
Require Pension Plans (p.13). Because professional boxers are not
unionized, creating a national pension plan similar to the other
professional sports would be very difficult. The Association of Boxing
Commissions (ABC) created a Charitable Trust Fund for those boxers that
have suffered injuries during an event. This is solely funded by
voluntary contributions. Pennsylvania is examining the feasibility of
having a Commission funded Pension/Trust program for all Pennsylvania
boxers.
In closing, let me state that I was impressed with the thoroughness and
professionalism of how this survey/study was conducted. This report,
particularly in the format it has been presented, definitely shows the
diversity amongst the various athletic commissions and how they have
implemented the federal law.
[End of section]
Appendix XI: Comments from the Texas Department of Licensing and
Regulations:
TEXAS DEPARTMENT OF LICENSING AND REGULATION:
Executive Offices P.O. Box 12157 9 Austin, Texas 78711 * (512) 463-3173
9 (800) 803-9202 0 fax (512) 475-2874 Web site:
www.license.state.tx.us:
Mr. Bernard L. Ungar, Director July 15, 2003 Physical Infrastructure
Issues:
United States General Accounting Office Washington, DC 20548:
Dear Mr. Ungar,
Thank you for the opportunity to review and comment on the portion of
your draft report, Professional Boxing: Issues related to the
Protection of Boxer's Health, Safety, and Economic Interests, relating
to our Texas program. We also want to take this opportunity to commend
the GAO staff, particularly Frederick Lyles, John Vocino and Bernice
Benta, for their extensive and very professional study of the health,
safety and economic interests of the sport of professional boxing.
Texas is proud of its efforts to ensure the safety of boxers in this
state. Nevertheless, we continuously seek to improve our combatant
safety program, our standards for licensing combatants, and our
oversight of boxing events. We welcome any recommendations that can
help improve the operation of our program.
As requested, we have reviewed the draft information and offer the
following comments:
* Prohibit conflicts of interest for commission representatives.
* The Department's enabling statute requires each member of the
Commission to be a representative of the general public and prohibits a
Commissioner or their spouse from having an interest in any business
entity or organization regulated by the Department. Further, they may
not be affiliated with a trade association in a field regulated by the
Department and may not be a lobbyist for a profession related to the
operation of the Commission or Department. These are a part of the
statutory requirements for eligibility for Commission membership.
* All Department employees are required to sign a document certifying
that they have read and understood all requirements of the Department
personnel manual, which includes a section on employee ethics. This
section includes provisions on "Conflicts of Interest," which prohibits
any activities that create or even seem to create "conflicts of
interest with our public duties or responsibilities." This provision
extends to all employees in all of their Department duties, including
any activities related to all boxing activities overseen by the
Department.
* For these reasons, we believe that the Program complies with this
provision for 100 percent of the boxing events it oversees.
Prohibit conflicts of interest for boxers and promoters.
* We currently have no statutory authority to address conflicts of
interest relative to boxers or promoters.
* Evaluate Medical Information and Assess Risks.
* We agree with the findings under this heading, but wish to offer this
additional information:
* As noted, the commission may require the boxer to undergo additional
medical tests, which by program rule includes neurological and other
medical testing.
* Although we are prohibited from disclosing protected personal medical
information, we do share with other Commissions such information as
results and terms of medical suspensions issued by our Commission.
Conduct post-fight medical examinations, including neurological
testing.
o The commission may require additional medical examinations, including
neurological and other medical testing. These examinations can be
recommended by the ringside physician immediately following a bout, and
may be required as part of the minimum criteria for lifting a medical
suspension.
* Monitor Training Injuries; Enforce Suspensions for Training Injuries.
o The Department has no statutory authority to monitor or inspect boxing
gyms. We will, however, be investigating the feasibility of requiring
licensed boxers and managers to report training injuries to the
Department.
* Require health and life insurance for boxers before and after each
match.
o The Department does require promoters to provide health and life
insurance for boxers for the day of the fight and the day following the
event, and for up to one year for injuries sustained during an event.
However, we have no statutory authority to provide this insurance
through the State.
* Require Pension Plans.
o The Department has no statutory authority to require or to provide
pension plans for boxers.
* Require Disclosure of All Purses and Payments to Trainers and Boxers.
* The Department has no statutory authority to require this information
from trainers. However, we do provide this information to the boxers
when it is provided to us, such as when these payments are documented
as a deduction in a boxer's contract.
* Require Registration and Training for Trainers, Managers, Promoters,
and Physicians.
o We currently have statutory authority to license managers and
promoters, although we are prohibited from making continuing education
a mandatory requirement for licensees. Recent statutory changes will
allow the Department to register ringside physicians starting September
1, 2003. These statutory changes will also give the Commission the
authority to establish a medical advisory committee to advise the
Department concerning health issues for boxing event contestants.
Once again, thank you for selecting Texas to participate in this
comprehensive study of issues related to the protection of boxers'
health, safety, and economic interests. We look forward to continuing
to work with you and your staff to help improve the safety of boxing in
Texas and nationwide. We also ask that you provide us with a copy of
your final report.
Sincerely,
William H. Kuntz, Jr. Executive Director:
Signed by William H. Kuntz, Jr.:
Cc: Brian E. Francis, Deputy Director:
Richard J. Cole, Program Administrator, Texas Combative Sports Program:
Greg Alvarez, Assistant Program Administrator, Texas Combative Sports
Program George W. Ferrie, Director Code Review and Inspections
Division:
[End of section]
Appendix XII: Contacts and Contributors:
Contact:
John S. Baldwin, Sr. (202) 512-2834:
Contributors:
Frederick Lyles, Jr., John Vocino, Bernice Benta, Christopher Factor,
Elizabeth Eisenstadt, Jerry Sandau, Brandon Haller, Bert Japikse, and
Sidney Schwartz:
(543027):
FOOTNOTES
[1] These commissions are state or tribal organizations that are
responsible for regulating professional boxing within their
jurisdictions, including implementing and enforcing federal and state
or tribal provisions related to boxing.
[2] Sanctioning organizations are private entities that designate the
champion and rank challengers for each weight class. These
organizations are required to identify their rating officials and to
annually disclose their criteria and policies for rating boxers, as
well as their sanctioning fees, by-laws, and procedures for appealing
ratings.
[3] California, Florida, Indiana, Michigan, Missouri, Nevada,
Pennsylvania, and Texas.
[4] The Mohegan Sun (Connecticut) and Miccosukee (Florida) tribes.
[5] Senate Committee on Commerce, Science, and Transportation,
Subcommittee on Consumer Affairs, Foreign Commerce, and Tourism:
Hearing on the Federal Regulation of Boxing (Washington, D.C.: May 22,
2002); Senate Committee on Commerce, Science, and Transportation,
Testimony on Boxing and Federal Laws (Washington, D.C.: May 23, 2001);
Senate Committee on Commerce, Science, and Transportation: Hearing on
Reform of Professional Boxing Industry (Washington, D.C.: Apr. 22,
1999); Senate Committee on Commerce, Science, and Transportation,
Hearing on Professional Boxing (Washington, D.C.: May 22, 1997); House
Economic and Educational Opportunities Committee Workforce Protections
Subcommittee and the House Committee on Commerce Subcommittee on
Commerce Trade and Hazardous Materials, The Professional Boxing
Corporation Act of 1995 (Washington, D.C.: June 11, 1996); Senate
Committee on Commerce, Hearing on Health and Safety of Professional
Boxing (Washington, D.C.: Jan. 20, 1994).
[6] National Association of Attorneys General Boxing Task Force, Office
of New York State Attorney General Eliot Spitzer, May 2000; Department
of Health and Human Services, Professional Boxing Safety Act of 1996:
National Institute for Occupational Safety and Health Report to
Congress, Study on Health, Safety, and Equipment Standards for Boxing
(Washington, D.C.: June 1, 1998); and Department of Labor, Pension
Plans for Professional Boxers: A Study Prepared by the Segal Company
for the Secretary of Labor as Mandated by Congress (Washington, D.C.:
December 1997).
[7] Our report focuses on enforcement of the Professional Boxing Safety
Act only. Criminal violations under the act are punishable only as
misdemeanors. When violations of the act are also violations of other
criminal statutes, prosecution of the felony may overshadow punishment
of the misdemeanor.
[8] Sanctioning organizations are required to identify their rating
officials and to annually disclose their criteria and policies for
rating boxers, as well as their sanctioning fees, by-laws, and
procedures for appealing ratings. They can send this information to FTC
or post it on the Internet.
[9] Professional Boxing Safety Act of 1996: National Institute for
Occupational Safety and Health Report to Congress, Study on Health,
Safety, and Equipment Standards for Boxing (June 1, 1998).
[10] Senate Committee on Commerce, Science, and Transportation,
Testimony on Boxing and Federal Laws, (Washington, D.C.: May 23, 2001).
[11] The World Medical Association is an international organization
created to ensure the independence of physicians and to work for the
highest possible standards of ethical behavior and care by physicians.
[12] Senate Committee on Commerce, Science, and Transportation:
Testimony on Boxing and Federal Laws (Washington, D.C.: May 23, 2001).
[13] House Economic and Educational Opportunities Committee Workforce
Protections Subcommittee and the House Committee on Commerce
Subcommittee on Commerce Trade and Hazardous Materials, The
Professional Boxing Corporation Act of 1995 (Washington, D.C.: June 11,
1996).
[14] Senate Committee on Commerce, Science, and Transportation: Hearing
on Reform of Professional Boxing Industry (Washington, D.C.: Apr. 22,
1999).
[15] Pension Plans for Professional Boxers: A Study Prepared by the
Segal Company for the Secretary of Labor as Mandated by Congress
(December 1997).
[16] Senate Committee on Commerce, Science, and Transportation, Hearing
on Professional Boxing (Washington, D.C.: May 22, 1997).
[17] Senate Committee on Commerce, Hearing on Health and Safety of
Professional Boxing (Washington, D.C.: Jan. 20, 1994).
[18] Senate Committee on Commerce, Science, and Transportation,
Subcommittee on Consumer Affairs, Foreign Commerce, and Tourism:
Hearing on the Federal Regulation of Boxing (Washington, D.C.: May 22,
2002).
[19] Senate Committee on Commerce, Science, and Transportation, Hearing
on Effective Regulation of the Boxing Industry: A Cooperative Effort
(Washington, D.C.: May 23, 2001).
[20] Senate Committee on Commerce, Science, and Transportation,
Subcommittee on Consumer Affairs, Foreign Commerce, and Tourism:
Hearing on Federal Regulation of Boxing (Washington, D.C.: May 22,
2002).
[21] Fight Fax, Incorporated, is the official record-keeping body of
ABC.
[22] In commenting on a draft of this report, the Texas Department of
Licensing and Regulation said that all of its employees are required to
sign a certification that they have read the department's conflict of
interest policies. However, when we met with the Texas boxing
commission officials they said there was no documentation of this for
us to review.
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