    [Senate Hearing 110-1177]
    [From the U.S. Government Publishing Office]

                                                           S. Hrg. 110-1177

       OVERSIGHT OF THE NATIONAL FOOTBALL LEAGUE (NFL) RETIREMENT SYSTEM

    =======================================================================

                                    HEARING

                                   before the

                             COMMITTEE ON COMMERCE,

                          SCIENCE, AND TRANSPORTATION

                              UNITED STATES SENATE

                           ONE HUNDRED TENTH CONGRESS

                                 FIRST SESSION

                                   __________

                               SEPTEMBER 18, 2007

                                   __________

        Printed for the use of the Committee on Commerce, Science, and
                                 Transportation

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           SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                           ONE HUNDRED TENTH CONGRESS

                                 FIRST SESSION

                       DANIEL K. INOUYE, Hawaii, Chairman
    JOHN D. ROCKEFELLER IV, West         TED STEVENS, Alaska, Vice Chairman
        Virginia                         JOHN McCAIN, Arizona
    JOHN F. KERRY, Massachusetts         TRENT LOTT, Mississippi
    BYRON L. DORGAN, North Dakota        KAY BAILEY HUTCHISON, Texas
    BARBARA BOXER, California            OLYMPIA J. SNOWE, Maine
    BILL NELSON, Florida                 GORDON H. SMITH, Oregon
    MARIA CANTWELL, Washington           JOHN ENSIGN, Nevada
    FRANK R. LAUTENBERG, New Jersey      JOHN E. SUNUNU, New Hampshire
    MARK PRYOR, Arkansas                 JIM DeMINT, South Carolina
    THOMAS R. CARPER, Delaware           DAVID VITTER, Louisiana
    CLAIRE McCASKILL, Missouri           JOHN THUNE, South Dakota
    AMY KLOBUCHAR, Minnesota
       Margaret L. Cummisky, Democratic Staff Director and Chief Counsel
    Lila Harper Helms, Democratic Deputy Staff Director and Policy Director
       Christine D. Kurth, Republican Staff Director and General Counsel
                      Paul Nagle, Republican Chief Counsel

                                C O N T E N T S

                                  ----------
                                                                       Page
    Hearing held on September 18, 2007...............................     1
    Statement of Senator Dorgan......................................     1
    Statement of Senator Hutchison...................................     2
    Statement of Senator Kerry.......................................    39
    Statement of Senator Klobuchar...................................    37
    Statement of Senator McCaskill...................................    39
    Statement of Senator Nelson......................................    82
    Statement of Senator Thune.......................................    40
        Prepared statement...........................................    40

                                   Witnesses

    Bain, Bill, Former NFL Player, Los Angeles Rams, Green Bay
      Packers, New England Patriots, Denver Broncos, New York Jets...    17
    Boyd, Brent, Former NFL Player, Minnesota Vikings................    23
        Prepared statement...........................................    28
    Ditka, Mike, Member, NFL Hall of Fame; Former NFL Player, Chicago
      Bears, Philadelphia Eagles, Dallas Cowboys; and Former Head
      Coach, Chicago Bears, New Orleans Saints.......................    68
        Prepared statement...........................................    69
    Duerson, Dave R., Trustee, Bert Bell/Pete Rozelle NFL Player
      Retirement Plan; and Former NFL Player, Chicago Bears, New York
      Giants, and Phoenix Cardinals..................................    12
        Prepared statement...........................................    15
    Goodell, Roger, Commissioner, National Football League...........    62
        Prepared statement...........................................    64
    Johnston, Daryl, Sports Broadcaster, FOX; and Former NFL Player,
      Dallas Cowboys.................................................     6
        Prepared statement...........................................     8
    Sayers, Gale Eugene, Member, NFL Hall of Fame; and Former NFL
      Player, Chicago Bears..........................................    71
        Prepared statement...........................................    72
    Upshaw, Gene, Executive Director, National Football League
      Players Association............................................    42
        Prepared statement...........................................    45
    Waters, Hon. Maxine, U.S. Representative from California.........     3
    Webster, Garrett, Son of Mike Webster, Former NFL Player,
      Pittsburgh Steelers and Kansas City Chiefs.....................    19
        Prepared statement...........................................    21

                                    Appendix

    Joint response to written questions submitted by Hon. John D.
      Rockefeller IV to the National Football League (NFL) and the
      National Football League Players Association (NFLPA)...........    89
    Supplementary information provided by Eugene ``Mercury'' Morris,
      Former NFL Player, Miami Dolphins and San Diego Chargers.......    85
    Combined response to written questions submitted by Hon. Trent
      Lott and Hon. David Vitter to Roger Goodell....................    95

       OVERSIGHT OF THE NATIONAL FOOTBALL LEAGUE (NFL) RETIREMENT SYSTEM

                                  ----------

                          TUESDAY, SEPTEMBER 18, 2007

                                           U.S. Senate,
            Committee on Commerce, Science, and Transportation,
                                                        Washington, DC.
        The Committee met, pursuant to notice, at 10:05 a.m. in
    room SR-253, Russell Senate Office Building, Hon. Byron L.
    Dorgan, presiding.

              OPENING STATEMENT OF HON. BYRON L. DORGAN,
                     U.S. SENATOR FROM NORTH DAKOTA

        Senator Dorgan. I call the hearing to order. This is a
    hearing of the Senate Commerce Committee, a full committee
    hearing. I am chairman of the Subcommittee dealing with
    interstate commerce, trade, tourism, and sports. We will be
    joined by other colleagues, but I want to start on time,
    because we have a series of votes that begin shortly after 12
    o'clock today, and I do want to begin on time.
        I should say, at the start, that I am a football fan. I
    watched Monday Night Football last evening. Football is an
    unbelievably popular sport, very interesting and wonderful
    sport in many ways. It is also big business. I call it
    ``sport,'' it is also big business, with mostly wealthy owners
    and players that are paid a great deal of money. There are, I
    believe, 32 teams. They are able to work with and speak with
    each other because of an antitrust exemption. Those 32 teams,
    of course, do not include teams from North Dakota or Wyoming or
    states similar to that. We reserve these national pastimes for
    the large population centers, and many states do not
    participate personally in them by having professional sports
    teams, and that's certainly the case with my state.
        It is a sport, the sport of football, that causes, and can
    cause, substantial physical injury to many athletes. We have
    about 8,000 former players of this sport. There is, and has
    been, controversy about disability issues, how former players
    have been treated. Those who have formerly played this
    professional sport believe that about 3 or 4 percent of the
    living retirees qualify for some type of disability benefit.
    The National Football League owners and the Players Association
    say that is much higher than the 3 or 4 percent.
        It seems to me that the Players Association represents
    active players, and the Commissioner represents the owners. We
    have many who will testify here who are former players in this
    sport, and I don't quite know who represents them, if anyone.
    In many cases, they are great athletes who ended their careers
    with real damage to their bodies. Some live in pain. And the
    question is, what happens to them? Who represents them? What
    role do they have with respect to this growing industry and the
    resources that this growing industry provides? It's a very
    large and a very profitable industry, and, it seems to me, an
    industry that ought to be able to take care of the needs of
    those who helped build this wonderful sport.
        When we called this hearing, I did not know what to expect,
    in terms of communications. I must tell you, I have received,
    as Chairman of the Subcommittee--and I'm chairing the full
    committee at the request of Senator Inouye--I must tell you, I
    have received a lot of mail, a lot of letters from former
    football players, and was surprised by that, and surprised by
    the message. I've had a chance to meet with people who feel
    strongly on both sides of the issue of the controversy over
    disability payments, and it is a worthwhile subject for us to
    discuss what has happened, how it has happened, what might be
    considered. And some would say, Well, why is it any business of
    the United States Congress? Obviously, we have, in the
    jurisdiction of this committee, sports. I've been involved in
    sports issues, with Senator McCain and others, dealing with the
    subject of boxing. Boxing is a sport in which too many young
    boxers are used up by promoters, and discarded, and end up with
    nothing. And so, we've attempted to create a National Boxing
    Commission. And, with respect to football, there is an
    antitrust exemption that allows the teams to work together and
    to negotiate various things together. So, there is a reason for
    us to be interested and concerned, and that's the purpose of
    this hearing.
        I'm going to call on Congresswoman Maxine Waters, who has
    asked to testify today, and we appreciate having her here. I'll
    take her testimony first. I don't expect we will ask questions,
    but we're happy to have her here. And then we will have two
    panels, and I will talk about the panels in a moment. But let
    me introduce Senator Hutchison for an opening comment.

                STATEMENT OF HON. KAY BAILEY HUTCHISON,
                        U.S. SENATOR FROM TEXAS

        Senator Hutchison. Well, thank you, Mr. Chairman. I really
    appreciate the opportunity to be at this hearing. I want to
    thank Chairman Inouye, as well as Vice Chairman Stevens, and,
    of course, Mr. Chairman Dorgan.
        And I think you have laid it out very well. We know that
    there are players, before the era of the mega-salaries
    especially, who have had injuries that have manifested after
    the 5-year time period in which they have full coverage. And
    so, we read about these things, and it does raise questions.
    And my hope is that, with this hearing, we will hear some of
    the issues on both sides, and then, hopefully, the NFL will be
    able to work it out with a good, fair negotiation with the
    players and the former players, with everyone represented from
    their different perspectives, because I do think that
    perspectives are different, depending on the era in which a
    player was able to play. And I also think that your reference
    to boxing is one that does provide somewhat of a model, because
    this is a high-risk sport, there is no question about it, and
    so, we know that probably extra care on the medical side is
    something that is certainly warranted.
        However, I do hope that this can be settled in an amicable
    way and a responsible way by all the parties. And, as we gather
    information, maybe that will be helpful, and as we monitor
    those negotiations.
        Let me just say, on a personal note, that one of my
    constituents is here, Daryl Johnston. I have known Daryl, from
    a personal level, because our children go to the same school,
    and so, I have watched him and his wonderful wife, who are so
    active in the school and give back so much--so, I've known him
    personally, but know he also had to retire, after 10 years with
    the Dallas Cowboys, because of neck injuries, and has had a
    view on this that I think is worthy for us to hear. He is a
    person--Daryl ``Moose'' Johnston--who played for Syracuse--he
    was an All American there--then earned his bachelor's degree in
    economics, and is a FOX Sports NFL broadcaster now, has a great
    career. And I really am very pleased that he could become a
    part of the panel, and I thank the Chairman for allowing that
    to happen.
        And, with that, I will listen to the testimony. I do have
    to leave a little earlier than the end of the hearing, so I
    will say that ahead of time, but look forward to having all of
    the testimony in writing.
        Thank you.
        Senator Dorgan. Senator, thank you very much.
        First, we will hear from Congresswoman Waters.
        Thank you very much for being with us. You may proceed.

                   STATEMENT OF HON. MAXINE WATERS,
                  U.S. REPRESENTATIVE FROM CALIFORNIA

        Representative Waters. Thank you very much. Good morning,
    ladies and gentlemen----
        Senator Dorgan. Is the microphone turned on?
        Ms. Waters. Can you hear me now? Yes? Good morning.
        I'd like to thank you, Chairman Dorgan, for holding this
    hearing. And I'd like to thank you, Senator Hutchison, for
    being here this morning. And I'd like to thank all of the
    witnesses who have come today to help shed some light on many
    of the concerns that have been identified by former players.
        The National Football League's current system of
    compensation for its disabled retirees is an issue that has
    been widely discussed in Congress and the media. This issue
    also has great personal significance for me. My husband, Sidney
    Williams, played football in the NFL for 5 years. The NFL, we
    believe, has failed to fairly compensate its retired players
    for injuries suffered while playing a game that is one of the
    hallmarks of our American sporting tradition. These players
    chose professional football as a career, dedicated themselves
    to training and practice, and worked and played hard in a
    highly competitive contact sport. These players have given much
    to the NFL, and, indeed, have given their blood, sweat, and
    tears to the game of football. In return, the NFL owes much to
    its retired players that were injured as a result of competing
    in the game that Americans cherish.
        My purpose here today is to talk about a very specific case
    that I worked on for almost a year for a gentleman by the name
    of Jim Shorter. Mr. Shorter was a friend of my husband's and a
    former NFL player. Mr. Shorter died a horrible death, a death
    caused by years of neglect of football-related injuries. These
    injuries were compounded by the onset of adult diabetes and a
    lack of healthcare. When he died, Mr. Shorter had undergone
    several amputations, was blind, had had a heart attack, and was
    on dialysis. Furthermore, Jim Shorter died a broke man,
    stripped of his dignity and his silver years by an unfair and
    unyielding NFL disabilities program. This program, which is
    built like the rest of the functions of the NFL, from the
    blood, sweat, and tears of men like Jim Shorter, was designed,
    in my belief, to refuse benefits for the very players that
    needed them most.
        At issue today are three components of the NFL benefit
    plan: pensions, disability benefits, and medical insurance.
    None of these adequately compensate the NFL's disabled players.
    Despite their hard work, injuries, and playing through those
    injuries, the average payout to retired professional football
    players is less than $2,000 a month. This is striking, given
    that the poverty level in the United States is approximately
    $1,800 a month. Many retired football players receiving
    pensions have serious physical problems stemming from their
    playing days. Some have trouble walking, others have trouble
    sleeping, some have undergone multiple surgeries. In a few
    cases, former players have even committed suicide. One thing is
    clear, nearly all need more money than is provided by their
    pensions.
        Employer compensation to the NFL's pension plan paled in
    comparison to Major League Baseball. Total pension
    contributions left an average payout of $13,000 per football
    player and $36,700 per baseball player. To make the picture
    even clearer concerning the disproportionate pension system
    between football and baseball players, if former Washington
    cornerback Darrell Green, who played 20 years, decides to
    collect, at age 55, he would get the largest pension in NFL
    history, $69,660 per year. A baseball player with a similar
    career, Cal Ripkin, Jr., stands to collect, at 62, about
    $160,000. These numbers are astounding, given that football
    grosses considerably more revenue and income than baseball. The
    MLB's gross income is approximately $4.3 billion, while the
    NFL's gross is over $7.1 billion. Baseball continues to prosper
    on less income and higher expenses. There is no excuse for the
    NFL retirement benefits plan not to at least match the MLB's
    benefit plan. The risk of long-term injuries to which NFL
    players are exposed are legend. For example, there are growing
    concerns regarding the frequency of concussions among NFL
    players. In an aggressive contact sport, there are likely
    thousands of cases of concussions, many of which may result in
    subsequent disabilities. These retirees do not receive
    disability payments, because they do not realize the
    impairments were caused by head injuries incurred years
    earlier. They are oftentimes too embarrassed to come forward,
    and the benefit system has been at least slow to recognize this
    phenomenon.
        Former safety Andre Waters, a 12-year veteran, recently
    committed suicide, 44. A study of Waters' brain tissue revealed
    a succession of football-related concussions that left Waters
    with the brain tissue of an 85-year-old man. The physical
    nature of the NFL often leaves veterans unable to lead normal
    lives, and many rely on their pensions to survive. Reform of
    the disability benefit system is necessary to allow retirees to
    receive the compensation that they deserve and need for their
    disability.
        Under the NFL's current medical insurance plan, the League
    provides insurance to vested players for 5 years after
    retirement. However, the 5-year period fails to account for the
    many injuries that will not manifest serious health effects
    until the end of this period. Because football is an intense
    contact sport, football players face long-term physical
    ailments that other athletes are lucky enough to avoid. A 2003
    University of North Carolina study found that 263 of the 2,500
    retired NFL players said concussions may have had a permanent
    effect on their ability to think and remember as they got
    older. In 2005, just before the Super Bowl, the Pittsburgh
    Tribune-Review produced an investigation on the number of
    injuries professional players suffer on the job. The
    investigation found that, in the 2000 through 2003 seasons, NFL
    players racked up 6,558 injuries. More than half the athletes
    were hurt annually, with the number spiking at 68 percent in
    2003 and 2004. During typical 4-year careers, one of every ten
    NFL receivers experiences a concussion. On average seven
    professional football players a week face potentially life-
    altering head, spine, or neck trauma. The effects of these
    players' injuries do not become apparent until many years into
    the future. Long-term medical insurance is needed to treat the
    professional football players' injuries.
        As I mentioned at the beginning of my remarks, this issue
    of--is of personal concern to me. My husband, Sidney Williams,
    was an NFL player in the 1960s. During his 6 professional
    years, he served as linebacker on one championship team.
    Football is one of America's greatest sports. Our NFL football
    players give their all on the field and play hard for the glory
    of the game. The NFL should not forget the contributions of its
    former players, and should provide them with an adequate system
    to address their retirement and disability benefits.
        Mr. Chairman, I have here a folder about Mr. Jim Shorter's
    case. I worked on the case for almost a year. It started in
    January 1999, when he informed me that he had been trying to
    get the attention of the Association, and they had not returned
    his calls, they had not responded. I started writing letters to
    them, and I wrote to everybody, including Mr. Tagliabue, Mr.
    Upshaw. And, finally, they advised us what we needed to do,
    getting the health records. Not only did I get Mr. Shorter all
    of the examinations that he needed, I went back into records,
    years past, to get physical examination records in order to
    help present his case. I wrote letters to every member of the
    board. At that time, it was----
        Senator Dorgan. Congresswoman Waters, I'm going to have to
    ask you to summarize. We have ten witnesses today.
        Representative Waters. Thank you. Well, we wrote letters to
    the board. We reviewed the Bert Bell Plan. We discovered that
    Mr. Shorter had received early retirement after he left
    football, having made very little money. Of course he took
    early retirement, because he had no funds. But, at that time,
    the plan said, if you take early retirement, no matter what
    your disabilities are, you can never receive disability
    benefits.
        And so, these are the records, and the Committee is welcome
    to them. Some, perhaps we can share with you at a later date,
    but I wanted to share with you, today, my personal knowledge
    about the inadequacies of the plan. And I thank you very much.
        Senator Dorgan. Congresswoman Waters, we will include--if
    you will provide us with information, we will include relevant
    information in the permanent committee record.
        Senator Dorgan. We appreciate very much your coming over
    from the U.S. House today to provide testimony.
        Thank you.
        Representative Waters. You're welcome. And thank you.
        Senator Dorgan. Thank you very much.
        Representative Waters. You're welcome.
        Senator Dorgan. We have two panels today, and I want to
    mention the first panel. Let me introduce members of the first
    panel: Daryl Johnston, who has been introduced by my colleague
    from Texas, a FOX Sports announcer, former NFL player, Dallas
    Cowboys; Dave Duerson, a player Trustee for the NFL Player
    Retirement Plan, and former NFL player for the Chicago Bears;
    Brent Boyd, former NFL player for the Minnesota Vikings; Bill
    Bain, former NFL Player for the Los Angeles Rams; and Garrett
    Webster, the son of NFL player Mike Webster, of the Pittsburgh
    Steelers.
        My understanding is that we have a number of other retirees
    in the room who have traveled to Washington for the hearing. I
    have the names of at least four of them. Let me mention them.
    If you are in the room, if you would just identify yourself:
    Conrad Dobler--is Conrad Dobler here? Thank you. David Pear,
    Dwight Harrison, and Delvin Williams. Thank you for being here.
    We appreciate your attending the hearing.
        Let us begin with this panel, and let me call on you, Mr.
    Johnston. And let me say that the entire statement that you
    submit will be made a part of the permanent record. I would ask
    that each of you summarize your statements, if you would.

       STATEMENT OF DARYL JOHNSTON, SPORTS BROADCASTER, FOX; AND
                   FORMER NFL PLAYER, DALLAS COWBOYS

        Mr. Johnston. Thank you, Senator Dorgan. Welcome, to all
    the distinguished guests.
        My name is Daryl Johnston. I played 11 years in the NFL for
    the Dallas Cowboys, at the running back position. My career was
    ended prematurely due to a neck injury I suffered in the
    opening game of the 1999 season. I know, firsthand, the
    frustration that many NFL players experience when going through
    the disability process.
        The initial doctor that filed my claim, and the doctor who
    heard my appeal, are designated as neutral physicians, but, in
    reality, are handpicked doctors by the NFL Players Association.
    The Board that denied my claim is selected by NFL ownership and
    the NFL Players Association. Obviously, this is a system that
    is, by design, not interested in assisting the retired player.
        Going through this process, the frustration causes us to
    use such strong words as ``fraud,'' ``corruption,''
    ``cronyism.'' And I don't think that the NFL Retirement Board
    understands that they're not only impacting the player, but the
    families of these players. Divorce is high. People are fighting
    for the custody of their children. I was very fortunate to play
    at a time when the NFL Players Association had regained some of
    their bargaining power and used that in the 1993 collective
    bargaining agreement to implement some plans for current
    players, such as a severance package, a 401(k), a second-career
    savings plan, and 5 years in a COBRA health plan. But none of
    these programs benefit players before 1993. Players such as
    Mike Mosley, who played from 1982 to 1984, who received full
    disability for 6 years, until a doctor, hired by the NFL, ruled
    sedentary work was possible, and, without warning, withdrew his
    payments in 2004. Mike now lives at home with his 75-year-old
    mother, his 14-year-old daughter, and they're asked to survive
    on his mother's $306-per-month Social Security check.
        I also played in an era when player safety was emphasized.
    The artificial surfaces that we played on were much safer than
    those played on the generation previous to me. A gentleman such
    as Conrad Dobler, who spent his entire 10-year career playing
    on an experimental surface, known as Astroturf, that has a
    direct link to the multiple knee and hip replacements he's had.
    In a span of 1 year he had seven surgeries performed, and spent
    nearly 100 days in the hospital last year. He's been denied
    disability multiple times, even though he has been deemed to be
    90 percent disabled.
        During my career, there was also raised awareness about the
    concussion issue and it's impact on NFL players. Stricter
    protocols were put into place, with--about when a player could
    return to the field of play, and, also a whistleblower policy
    was implemented to make sure that these protocols were upheld
    within organizations. This type of policy would have benefited
    Garrett Webster's father, Mike Webster, who, if not the best,
    one of the best centers to ever pay in the NFL. Upon
    retirement, he was impacted by dementia, was homeless, living
    out of his car, and never received a dime of disability from
    the NFL plan.
        The NFL Players Association is trying to make amends. In
    the most recent CBA, they did create a program, that they are
    implementing the ``88 Plan,'' named for Baltimore Colts tight
    end John Mackey. The 88 Plan provides $88,000 a year for
    residential care facility or $54,000 a year for home care, for
    players suffering from dementia, early onset Alzheimer's, as
    John Mackey himself is. However, this is administered as a
    reimbursement plan. Kay Morris, who's the wife of Bears
    linebacker Larry Morris, who played in the late 1950s and early
    1960s, has yet to receive a disability payment off of The 88
    Plan, although she has already incurred $200,000 in medical
    expenses.
        The reason that we have the retirees in the situation that
    they're in right now is that we have no voice and we have no
    bargaining power. And I would like to ask the Senate oversight
    committee to help us find our voice, to help us increase our
    bargaining power, so that we, the retirees, can do the same
    thing that the NFLPA did in the 1993 collective bargaining
    agreement for the current players.
        I also would like to request that this committee call on
    the Government Accountability Office to conduct a study so all
    the data can be known by all the members that will be involved
    in negotiations as we move forward. The NFL, as has been
    mentioned, is a $7 billion-a-year industry. There is too much
    money here for this problem to exist. With the help of all the
    parties involved, Gene Upshaw, Roger Goodell, who will testify
    later, Dave Duerson, who sits to my left, the retired players
    who are in this room, we can fix this problem. The money is
    there to fix this problem. And there is no reason for our
    players to be in the situations that they're in. And, with your
    help, I hope that we can take the first steps in creating a
    disability program that gives NFL retirees a voice and ensures
    that the players who founded this league are no longer
    forgotten.
        Thank you for your time.
        [The prepared statement of Mr. Johnston follows:]

      Prepared Statement of Daryl Johnston, Sports Broadcaster, FOX; and
                       Former NFL Player, Dallas Cowboys
        Chairman Inouye, Subcommittee Chairman Dorgan, Ranking Member
    Stevens, Subcommittee Ranking Member DeMint, Members of the Committee
    and distinguished guests, my name is Daryl Johnston. I had the
    privilege of playing professional football for the Dallas Cowboys for
    11 years as a Running Back. I was forced to discontinue playing when a
    neck injury sidelined my career. I am here today to help implement
    positive change to the NFL's existing disability system, which is in
    dire need of reform. As a member of a fairly recent generation of
    retirees who ended his career in 1999, I want to assure you that this
    problem is a crucial concern for anyone who has ever played or will
    play professional football.
        Growing up, I knew I always wanted to play football. My heroes were
    Larry Csonka, Rocky Blier, and Roger Staubach because of their
    unwavering courage and love of the game. They played with their hearts,
    they played with passion, and these men were my heroes. As a Pop Warner
    player, I always considered football a contact sport. At the college
    level, my coach taught us football is not a contact sport--that if you
    want a contact sport, then take ballroom dancing. Football is a
    collision sport. I was also taught the difference between pain and
    injury, which are quite different concepts in the world of the NFL. If
    you are not injured, the emphasis is to get back out on the field and
    perform your job. You play through the pain--and thus put yourself at
    greater physical risk for life after football. With the size and speed
    of the players today, and with the nature of new equipment design, the
    collisions have become more violent every year. The severity of
    collisions was evidenced once again just recently when Kevin Everett
    with the Buffalo Bills suffered a catastrophic spinal injury. A career
    ending injury is every player's worst fear when he steps onto a
    football field.
        In the late 1960s and early 1970s, the players competed on a new
    experimental surface called Astroturf. Astroturf basically consisted of
    a thin, carpet-like cushion between the playing surface and the
    concrete. NFL organizations chose to put down a low-maintenance,
    synthetic surface to allow for revenue producing events in their
    stadiums without regard for the damaging effects this hard surface
    would have on the players' bodies. For decades, the NFLPA has knowingly
    misled players to believe that artificial turf posed no more threat to
    injury than natural grass. As a player, one knows and experiences
    firsthand on Monday morning, from the aches, pains, bruises, and
    abrasions that result from playing on an inferior artificial surface
    the day before. And this type of surface is responsible for as many
    concussions--probably more--than the actual collisions you see on the
    field.
        I recently met Conrad Dobler, a 10-year veteran Offensive Lineman
    for the St. Louis Cardinals. He has had multiple knee and hip
    replacements from playing on Astroturf. He has had as many as seven
    surgeries in 1 year, and he's spent nearly 100 days in the hospital
    this past year. He has been denied disability benefits numerous times
    by the NFL Players Union, yet has been told by doctors he is severely
    disabled. He's never received a penny of disability money from the
    union or the league. The NFLPA has nothing in place to take care of
    players suffering these medical challenges from the physical abuse of
    an NFL career. Another issue unaccounted for under the NFLPA's
    disability plans are the degenerative nerve conditions that result from
    the violent collisions associated with the game of football. As a
    player, you always believe the Union will be there for you at the end
    of your career. However, as I learned, that is not the case. The union
    is only obligated to represent and protect active employees--not
    retired players. Therefore, they only focus on the interest of active
    players.
        Highly recognizable players are suffering heart-wrenching setbacks
    and near hopeless predicaments. Mike Mosley, a receiver for the Buffalo
    Bills from 1982-84, experienced knee, neck, and back injuries that
    shortened his career and left him permanently disabled. Mosley played
    20 games in 3 seasons as a wide receiver. He received full disability
    payments for 6 years, and then a doctor assigned by the NFL ruled
    sedentary work was possible so, in 2004, all his disability payments
    were immediately cutoff without warning. He has lost his house, his
    truck, his savings, and his entire quality of life. He's had to move in
    with his 75 year old Mom (living off a $306 social security check), and
    has sole custody of a 14 year old daughter he's trying to raise--for
    whom he cannot even buy clothes. He also has no health insurance and
    cannot afford any medical care. It has ruined his life. In a medical
    emergency, he will no doubt become the responsibility of the state. So,
    much as you and I send tax money that should pay for our schools and
    teachers to build NFL stadiums, we will pay for Mike's care someday
    because the NFL doesn't want to pick up their own check.
        Brian DeMarco, a former offensive lineman for the Jacksonville
    Jaguars and Cincinnati Bengals, is damaged so badly from his 5 years
    playing pro football that he is only a fraction less disabled than a
    quadriplegic at age 35. He has had so many injuries that only people
    who have been in horrendous car crashes might understand--all from
    playing America's favorite sport. DeMarco's career ended amid severe
    health problems after the 1999 season. After 4 attempts over several
    years to navigate the NFL's disability system's red tape, he was unable
    to even get his application process started and be assigned a doctor
    for evaluation--even though his back was broken in 17 places. He's been
    homeless 3 times in the last 4 years, and has lived in storage units
    for 5 months with his wife and 2 children. He has constant pain from
    his crushed spine, numerous physical ailments, and is unable to hold a
    job. This is a man who's given up his quality of life for this sport.
    Because of injuries and runaway medical bills and an inability to work
    or get any kind of health insurance, the once proud and well-off
    DeMarco was as down and out as you can get in this country. The NFL
    Players Association has given him virtually no help. He has called the
    NFLPA over 100 times in the last year but has experienced no success in
    getting a claim opened. At one point, he was actually told that he
    needed to help himself before the NFLPA could help him and he was told
    to get a job and sent bus fare to search for one by an NFLPA
    representative. And, finally, whenever he has had the temerity to raise
    his voice and discuss his problems in public, the NFL's and NFLPA's
    representatives have branded him a fraud.
        The urgency and demand in the NFL to get back on the field creates
    a greater risk. The cumulative effect of multiple surgeries throughout
    your career is damaging to the body. This toughness, a sign of the
    times in that NFL era in the early 1960s explains why Larry Morris, a
    linebacker for the Bears from 1959 to 1965, once returned to action 6
    weeks after knee surgery, removed a cast on his broken thumb during a
    game and played through 4 concussions. After one such knock in the head
    during the 1964 season, the NFL encouraged Larry to ignore dizzy spells
    and ringing in his ears so he could play. Larry is best known for being
    the most valuable player for the Bears in the 1963 NFL Championship
    game. Larry now suffers from dementia at age 73 and cannot be left
    unattended. His healthcare expenses have sapped more than $200,000. His
    wife of 50 years, Kay Morris is still waiting for the full benefits to
    which Larry is entitled under the new ``88 Plan''--named after the
    number of Baltimore Colt great John Mackey--but the award to date is at
    a lower level and administrative difficulties with that Plan have
    prevented her from obtaining adequate support. It has been proven that
    almost all medical claims coming from brain trauma due to concussions
    are denied or only given lesser benefits stating that the injuries and
    mental issues such as depression and early onset dementia cannot be
    proven that they are a direct result of football. (In a recent article
    in the Charlotte Observer, an NFL Plan attorney divulged that there
    have only been four such claims made successfully in the history of the
    Plan--only four concussion cases!) It is difficult for families who are
    technologically challenged and struggling to afford food and healthcare
    to navigate this bureaucratic maze.
        My own career was ended prematurely. I had five remaining years of
    a seven-year contract. I suffered a herniated disk at C-6 and C-7.
    After surgery, I battled my way back onto the field and played 1 year
    and one game. I herniated a disk again at C-5 and C-6. I had an
    agreement with my doctor that, if this happened, I would retire and
    walk away from the game. I chose quality of life with my new family
    moving forward under the impression that the union would provide
    financial assistance in lieu of the money I left on the table with my
    contract. I discovered by going through the NFLPA Disability process
    that this system was put in place to deny claims by former players. The
    only concern that they had was that I could maintain another job--any
    other job--and generate income with no regard to the injuries that were
    a direct result of playing the game of football.
        The doctor I met with is considered a neutral physician but, in
    reality, he was a physician designated by the NFLPA. I was not allowed
    to bring in x-rays, MRI's, and the doctor could not consult with the
    trainers from my team or the doctor who performed my surgery. He denied
    my claim. His only interest was whether I was capable of holding
    another job. He showed little interest in my physical condition and the
    injuries sustained from an 11 year NFL career.
        Upon appeal, to another designated NFLPA physician, my claim was
    denied as I walked into the office. He did not examine me, nor did he
    interview me. My impression was the decision was made long before I
    walked through the door. I am not the first to have experienced this
    routine treatment of injured players. When I talked to other colleagues
    about my case, their instructions to me were to just keep fighting and,
    eventually, I would be accepted. The system has no set standards that
    instill confidence and trust with any player going through the process
    that they will be granted disability benefits.
        Former NFL players are hurting physically, emotionally, and
    financially. There is a tremendous amount of pride in NFL players. We
    don't ask for much but we will beg for nothing. This system forces us
    to beg for benefits that we have earned and to which we are rightfully
    entitled. The League needs to take care of these legendary players who
    made the game of football what it is today.
        The NFL claims to have paid benefits to 284 former players--only
    about 3 or 4 percent of the estimated 7,000 NFL retirees who have
    received disability payments (this is the Plan's own figure; it has
    also used 8,000 in testimony before the House of Representatives and
    9,000 in public statements afterwards, but I'll use the lower number to
    give the most flattering picture of their efforts). A meager 3 or 4
    percent at most who have received disability payments is not nearly
    enough for a game that takes the unique toll on human bodies that
    football does. That this discrepancy should exist in a game that
    realizes over $7 billion in annual revenue is a stain upon the game's
    integrity. The issue of former NFL players' needing financial and
    medical assistance is hardly is a new one. The story of former
    Pittsburgh center Mike Webster, a Hall of Fame player, came to light a
    decade ago. Crippled by the constant banging during his career, Webster
    became homeless. He applied several times for disability, but was
    unanimously turned down each and every time. He died of a heart attack
    in 2002, and his family sued the NFL for benefits the league had denied
    him. They won $1.5 million.
        In recent months the league has taken positive measures to
    acknowledge those realities by implementing ``The 88 Plan'' into the
    most recent labor agreement in honor of former Baltimore Colts tight
    end John Mackey. Like Morris, Mackey suffers from dementia--but on a
    more severe level. The ``88 Plan'' provides up to $88,000 a year for
    families to put toward a residential care facility or up to $54,000 for
    home care. In the case of Kay Morris, Kay doesn't believe a nursing
    home is the best place for her husband, and the $54,000 allotted for
    home care just isn't enough money to pay for nursing help and necessary
    medical attention. This added program is a step in the right direction;
    however, it is not enough. Moreover, since the Mackey Plan is
    administered as a reimbursement plan, many qualifying players do not
    have the front money to participate and obtain care.
        To protect their economic interests, the NFL and the current
    players' union have allowed the Plan's procedures to become an obstacle
    course for former players in order to prevent them from getting
    benefits. They have not published or prescribed rules or standards for
    the determination of benefit eligibility. There are documented cases,
    such as Brent Boyd's, in which the Plan has disregarded the medical
    opinions of its own ``Plan Approved'' doctors when the Board does not
    want to pay benefits. In order to minimize the amount owners must pay,
    the Board denies many former players' claims. This is an inherent
    conflict of interest that favors the owners and active players and has
    led to tragic results for many severely disabled NFL retirees.
        The Retirement Board created a 42-month limit on retroactive
    disability amounts for retired players, which is not only against the
    retired player's best interests but also a direct violation of the
    ERISA law. The imposition of a limitation on the amount a player is
    able to recover reduces the accrued benefit. Degenerative conditions do
    not always show up within 42 months. Therefore, this makes applying for
    this benefit impossible due to the time limitation.
        The NFL Retirement Board, not the NFLPA, determines disability
    claims. Representatives are appointed by the NFL owners and the NFL
    Players Association. There is no one on the board looking out for the
    interests of former players. This six-member board votes unanimously
    almost every time. The Groom law firm who established the pension fund
    in the 1993 Collective Bargaining Agreement also serves as counsel to
    defend the distribution of disability payments. They have earned $3.15
    million for defending claims in the past year--about one-sixth of what
    the Plan says it pays out in disability benefits. This is an obvious
    conflict of interest. The emphasis is only on the current player. The
    players who built the NFL have been left behind.
        The retired player has no voice in the current system. The salaries
    paid to players who built the NFL pale in comparison to the salaries
    the players receive today. The NFLPA, however, continues to focus on
    the current player and his financial stability. In 1993, the Collective
    Bargaining Agreement (CBA) added many new benefits in addition to the
    pension. It added a severance, a 5 year COBRA Health Plan after
    retirement, a 401k Plan, and a second career savings plan--none of
    which was retroactive before 1993 and there had been no changes in
    benefits for the previous twenty-three years.
        Delvin Williams, who played 8 years as a running back in the NFL,
    experienced this firsthand. After 8 years, 6 surgeries, 2 concussions,
    broken ribs, a dislocated thumb, knee and spinal injuries, as well as
    numerous other joint and vertebrae injuries, his professional football
    career ended in 1981, when the Green Bay Packers released him. He was
    one of approximately 285 out of 7,000 retired NFL Players who received
    degenerative disability benefits. However, it did not come without a
    fight and persistence. He started the process in 1983 and was awarded a
    football degenerative disability benefit in July 1995--12 years later!
    In 12 years, he was turned down twice and lost at arbitration before
    being awarded the disability pension benefit.
        The NFL may be concerned about the small number of players who
    might abuse the system, but in ostensibly protecting against this small
    problem, they are turning their backs on literally hundreds of players
    who need assistance. The NFLPA looks at this as protecting themselves
    against a player, however, this is destroying the family unit and
    quality of life--families are divorcing, players are losing custody of
    their children, losing their houses, living in homeless shelters, etc.
    There are lots of players in dire need. They were the foundation of the
    NFL. The league and active players are making millions of dollars.
    These former players are losing their health, homes, and dignity. Even
    the great Johnny Unitas was denied disability.
        The retirement plan has been contorted into a way for the players
    association to aid the active players. They have cut out the retired
    players and diverted this money into new plans for active players.
    Major League Baseball, which draws annual revenues of $4.3 billion,
    pays out an average of $36,700 in benefits to its participating
    players. Compare that to the NFL, which is currently drawing $7.1
    billion in annual revenues, yet its average benefit payout is $13,000.
    This is an incredible injustice.
        These disabled football players helped build the NFL into a multi-
    billion dollar industry that continues to grow. Many of these
    individuals are suffering from debilitating injuries, post-traumatic
    stress, and dementia after sacrificing their bodies and minds for the
    League--for the NFL's success. They face mounting medical problems and
    financial hardships and the League must do more to assist them. The
    league has not only forgotten them, but has attempted to strangle their
    quality of life through an unwieldy retirement and disability benefit
    system. This disability plan is grossly inadequate for those who need
    it the most--the former players.
        Why am I here? I am not here to cause controversy, but to affect
    positive change. We want to fix this issue. As Senators, you have the
    ability to make a difference and the power to create change
    immediately. After presentation of these facts, my hopes are high that
    this situation will be resolved. There is an excessive amount of money
    generated by the NFL--the money is there to solve this problem. This is
    a $7 billion dollar industry. Why is it not being funneled into the
    right areas and why is it not being administered to accomplish what it
    was set up to do? I implore you to make educated decisions and take
    care of those retired players--the heroes that have made the game of
    football the number one spectator sport in America. These retired
    players are being denied benefits while the NFL continues to profit off
    their work. These are the giants that helped build the league.
        I am asking the Senate Committee for oversight to ensure the NFLPA
    is working toward correcting the problem in good faith. I would like to
    request the NFLPA be fiscally responsible in paying disability claims.
    Claim information needs to be publicly divulged so all can see the
    record of disability claims that have been paid. A major frustration
    has been the lack of openness on the part of the NFLPA to share the
    financial aspects of the Plan. The Plan completes a valuation once a
    year, which compares the assets to the liabilities for the past year.
    There is nothing confidential or privileged about the information
    included in this report. If copies of this report for the past 5 years
    were made available to retired players, a huge increase in trust could
    be achieved. Why has this not happened before now? This simple request
    for information should be volunteered by the NFLPA with openness as
    evidence of proper administration of the plan.
        What do we hope to accomplish? Our hope is to bring a measure of
    fairness to the relationship between the League and retired disabled
    football players. We would like to rework the structure of the
    disability system. The system must be neutral to all parties. The
    framework must include a designated group of retirees from each decade
    of the NFL in order to provide a voice for forgotten players. The
    voices that need to be heard are those of retired players who are
    suffering medically and financially from the harsh realities of their
    post NFL careers. It is necessary they be voted in by their peers, not
    appointed or hand picked by the NFL Committee. The league needs to take
    a hard look at doing more for veteran players, and address the core
    issue of overhauling the current disability system. My goal is to help
    create a system that addresses the needs of former players that are in
    dire straights because of the injuries they suffered as a direct result
    of playing professional football. There are unique circumstances to
    some of these individuals that the system must account for and take
    into consideration. The retired players from the previous era must be
    provided a voice as the NFL moves forward.
        Roger Goodell, the Commissioner of the NFL is forming its first
    alliance to improve medical services for ailing retired players. As a
    form of recognition that a serious problem exists, this is a step in
    the right direction, but the alliance was devised and announced without
    gaining sufficient input from advocates who have represented the
    interests of retirees for years. A better negotiation process would
    have produced a better alliance. To his credit, Mr. Goodell is cleaning
    up the NFL regarding the actions of certain contemporary players, but
    now he needs to restore the dignity of the Players who built this
    league, which has been robbed from many of them by the disability
    process. According to the Integrity Clause of the NFL, ``The
    Commissioner is in charge of the integrity of the game, its management
    and its players.'' Webster defines the term ``integrity'' as ``a noun .
    . . [that] means honesty. . . . A trustworthiness and incorruptibility
    to the degree that one is incapable of being false to an agreement,
    contract, responsibility or pledge.'' We have an ethical and fiduciary
    responsibility to the Public--the people who drive the ``engine of
    success'' of the NFL. The fans and retired players are counting on the
    Commissioner and the Senate to be truthful and honest, and to make a
    difference in the lives of these broken heroes and past football giants
    that made football the number one spectator sport in America.

        Senator Dorgan. Mr. Johnson, thank you very much.
        Next, we'll hear from Mr. Dave Duerson, the player Trustee
    for the NFL `Player Retirement Plan, and former NFL player for
    the Chicago Bears.
        Mr. Duerson?

     STATEMENT OF DAVE R. DUERSON, TRUSTEE, BERT BELL/PETE ROZELLE
      NFL PLAYER RETIREMENT PLAN; AND FORMER NFL PLAYER, CHICAGO
             BEARS, NEW YORK GIANTS, AND PHOENIX CARDINALS

        Mr. Duerson. Mr. Chairman, it's a pleasure to be here. It's
    been quite some time since I've walked these halls, back as a
    summer intern in 1982, for Senator Dick Lugar. So, please say
    hello for me to him.
        But, to you, Chairman and the members of the Committee, I'm
    David R. Duerson, an 11-year retired NFL veteran. It is my
    privilege to serve as a trustee of the collectively bargained
    plans covering NFL players.
        I was born in Muncie, Indiana, in 1960, to Julian Arthur
    Duerson, Jr. My parents were married for 59 years, until my
    mother's death, almost 4 years ago. My father is my hero. He
    has two Bronze Stars from World War II, having fought in the
    European theater, yet the medal he is most proud of is his
    Medal of Conduct. He also believes that every male child should
    serve 2 years in the armed services. My dad spent 38 years with
    General Motors, and was an active member in the UAW. I stood
    alongside of him, as a very small child, on many picket lines,
    and I can still remember the day, in 1974, that we became a
    two-car, and then a three-car, family. I asked my dad, ``What
    changed?'' And he said that GM had just given him the job, in
    1974, that he was qualified to do in 1945, upon returning from
    the war. My dad also told me that he was not raising any
    average kids. God, integrity, and education forms the
    foundation from which the Duerson name is built upon.
        I attended the University of Notre Dame on a football/
    baseball scholarship, graduating in May 1983 with a BA in
    economics. I was a 4-year starter, two-time All-American
    captain, Most Valuable Player, and was drafted by the Bears in
    1983 as the 64th player overall. I also graduated from
    McDonald's Hamburger University and Harvard Business School's
    Owner/Presidents Management Program.
        Since retiring from the NFL, I have owned three McDonald's
    restaurants and two world-class meat processing companies. My
    first company ranked as high as the 44th largest African-
    American-owned and -operated business in the United States,
    with 2001 revenue in excess of $63 million.
        I had an extremely blessed NFL career, which included four
    consecutive Pro Bowls, two World Championships, 1987 NFL Man of
    the Year, and 1988 NFLPA Humanitarian of the Year. My service
    to the NFLPA has been uninterrupted since the end of my rookie
    year, when I was voted assistant player representative, until
    today, as a trustee. I represented both the Bears and the
    Giants as player rep, and the Arizona Cardinals as rep, and as
    a member of the NFLPA Executive Committee. I was also a named
    plaintiff in the Federal lawsuit which brought free agency to
    the NFL in 1993, along with Reggie White, Michael Buck, Hardy
    Nickerson, and Van McElroy.
        I personally observed Gene Upshaw and his staff take our
    union from insolvency to an organization with a for-profit wing
    that generates millions of dollars for the players. I also
    watched them take us through decertification and
    recertification of the exact same union, the first time in the
    history of organized labor that that occurred. It was Gene who
    coined the phrase, ``Past, Present, Future.'' The focus has
    always been on honoring those players who played before us. I'm
    very proud of the role my teammates had in leading the strike.
    The union meeting to strike was held in Chicago. I will never
    forget the comment that our head coach, Mike Ditka, made when
    we returned to work. During the strike, the league brought in
    replacement players. Mike kept four of those replacement
    players, and he told all of us that, ``Those guys, the four
    SCAB players, are the real Bears.'' Mike's comments furthered
    my resolve, which ultimately led to my role as a plaintiff in
    U.S. District Court.
        Fighting for players' rights became a passion for me, and
    it's even stronger today. I was honored when I received an
    invitation, upon retiring from the NFL, to become alternate
    trustee of the players' plans, to serve alongside of Tom
    Condon, Jeff Van Note, and the late great Len Teeuws. Each man
    has operated with absolute integrity and with great resolve in
    carrying out their fiduciary responsibility.
        Our meetings with the NFL trustees have oftentimes been
    spirited, and, on occasion, contentious, but always with both
    sides operating within ERISA guidelines. In all cases, Federal
    law requires us to follow the terms of the plan, which states
    that if an individual is, quote, ``employable,'' he does not
    qualify for total and permanent disability. That is not an
    arbitrary decision being made on the part of the board. It is
    the law.
        1993 was a pivotal year in regards to player salaries and
    benefits as a result of collective bargaining in Dallas, Texas,
    and a new collective bargaining agreement was agreed to. In
    that same meeting, the Executive Committee moved to create a
    pension benefit for the pre-'59ers, those men who played prior
    to the creation of benefits. We got there with Mike Kenn as
    President and an 11-member Executive Committee, and a few
    strong player reps who wouldn't bend. Since 1993, with every
    negotiation and extension, the players have reached back to
    fund increases and pass players benefits.
        Can the process be improved? Absolutely. Can the process be
    sped up? It must be. But, remember, we are bound by Federal law
    and the terms of the plan. Can more be placed into the coffers
    for disability benefits? Again, absolutely. But those decisions
    are made by the current players, who, by the way, are putting 6
    percent of their collectively negotiated package into total
    benefits. That's $82,000 per player per year, that comes
    directly from additional salary they would realize, that's
    going into benefits to the benefit of retired players.
        Gene and his staff have done yeomen's work on more than one
    occasion. I pay tribute to all of those players who, over the
    years, sacrificed time with family--and, oftentimes, careers--
    to join in this fight. I can personally recall numerous men who
    lost their jobs because of their union involvement. Today, we
    are as close to labor peace as we've ever been, but the day is
    coming when the agreement will run out, and a system very much
    like pre-1993 becomes a possibility again, with salaries being
    set and no free agency. I can uniquely relate to the players,
    both current and retired, as well as management, since I had as
    many as 252 employees. I paid their benefits out of my pocket.
    And I can also relate to the players, who are feeling a
    significant financial crunch, as I lost my business in 2006 to
    receivership due to a cash-flow challenge associated with a
    late startup after construction. I won a Federal lawsuit in
    October 2004, for $34.592 million, but, because the company is
    based in the Netherlands, I have been unable to secure any of
    the individuals' assets, as of yet, but I will. It has cost me
    my business and my home, and I'm exhausting assets as I speak.
    But God has been good, and he has been good to those men who
    take issue with where they find themselves today.
        This, Capitol Hill, is not the proper venue for this
    discussion of, How do we improve disability benefits? I am a
    retired player, and every man playing today will very soon join
    our ranks. The place for this discussion is at the annual
    player rep meeting. Retired players need to be there, 300
    strong. It's there that the decisions are made, and it's there
    that our voice will be heard, and influence felt. Eight men
    thoroughly immersed in a truly united spirit are far greater
    assets than 80 with lukewarm enthusiasm.
        The game is better than it has ever been, and the players
    are compensated at unprecedented levels. I didn't realize the
    impact of it, but one of my sons might, or their children, when
    they have them. I'm excited about what we've accomplished so
    far, and it's been a very fair life.
        I thank you. God bless you.
        [The prepared statement of Mr. Duerson follows:]

    Prepared Statement of Dave R. Duerson, Trustee, Bert Bell/Pete Rozelle
     NFL Player Retirement Plan; and Former NFL Player, Chicago Bears, New
                       York Giants, and Phoenix Cardinals
        Chairman Dorgan and Members of the Committee, I am David R.
    Duerson, an 11-year retired NFL Veteran. It is my privilege to serve as
    a Trustee of the collectively bargaining plans covering NFL players.
         I was born in Muncie, IN, in 1960, to Arthur and Julia Duerson,
    Jr. My parents were married for 59 years, until my mother's death, of
    almost 4 years. My father is my hero! He has 2 Bronze Stars from WWII,
    having fought in The European Theatre, yet the medal he is most proud
    of is his Medal of Conduct! He also believes that every male child
    should do 2 years in The Armed Services! My dad spent 38 years with
    General Motors, and was an active member in The UAW. I stood along side
    of him, as a very small child, on many picket lines. I can still
    remember the day, in 1974, that we became a 2-car, and then 3-car
    family. I asked my dad ``what changed?'', and he said that GM had just
    given him the job in 1974 that he was qualified to do in 1945, upon
    returning from the War. My dad also told me that he was not raising any
    ``average kids!'' He proved it to me, by taking Baseball (my best
    sport) away from me one summer, because I brought home less than
    acceptable grades! GOD, Integrity, and Education forms the foundation
    from which the Duerson name is built upon.
        I attended The University of Notre Dame (1979-1983) on a Football/
    Baseball Scholarship, graduating in May 1983 with a B.A. in Economics.
    I was a 4-year starter, 2-time All-American, Captain and MVP of The
    Fighting Irish, and was drafted by The Bears in 1983, as the 64th
    player overall. I also graduated from McDonald's Hamburger University
    in 1994, and am an Alum of Harvard Business School's Owner/President/
    Management Program (OPM30), finishing in May 2001.
        Since retiring from NFL football in April 1994, I have been in the
    private sector. While finishing my career in Phoenix, with The
    Cardinals, I would play on Sunday and be behind a McDonald's counter on
    Monday and Tuesday . . . which ultimately led to my having 3 McDonald's
    restaurants in Louisville, KY for 6 months, before moving to the
    supply-side. From April 1995-December 2006 I owned 2 world-class, 1st-
    tier meat processing companies, serving internationally the likes of
    McDonald's, Burger King, The Olive Garden, and Sara Lee, as well as,
    The USDA's National School Lunch Program and military bases throughout
    The European Theatre, and others. In 1998-99, we were the 44th largest
    African-American owned and operated company in The United States. Our
    2002 revenue was in excess of $63M.
        I had an extremely blessed NFL career, which included: 4
    consecutive Pro Bowls, All-Pro 3-times as a Strong Safety and once as a
    Free Safety, 2 World Championships (Chicago Bears SB XX, and NY Giants
    SB XXV), 1987 NFL Man Of The Year and 1988 NFLPA Humanitarian Of the
    Year. My service to The NFLPA has been uninterrupted, since the end of
    my rookie year (1983) with The Bears, when I was voted Assistant Player
    Representative, until today as a Trustee. I represented both The Bears
    and The Giants in the role of Player Rep and The Arizona Cardinals as
    Rep and as a member of The NFLPA Executive Committee. I was also a
    named plaintiff, in The Federal Lawsuit which brought Free Agency to
    The NFL, in 1993, along with Reggie White, Michael Buck, Hardy
    Nickerson, and Van McElroy.
        I personally observed Gene Upshaw and his staff take our union from
    insolvency to an organization with a For-Profit wing that generates
    millions of dollars for the players. I also watched him take us through
    Decertification and Recertification (of the exact same union) . . . the
    first time in the history of Organized Labor that that occurred! It was
    I who moved to give Gene and his staff a Vote Of Confidence . . . it
    was unanimous! I also recall during those lean years the number of
    times that Gene and his staff would not cash their pay cheques, because
    there was not enough money to pay them . . . they kept their cheques in
    their desk drawers! It was Gene who coined the phrase, our motto and
    mission statement: ``Past, Present, Future!'' The focus has always been
    on honoring those players, who played before us!
        I became team Player Rep in 1987, the year of our strike. I am very
    proud of the role my teammates had in leading the strike, and we were
    the last group of men to return to the practice field, when the strike
    was called off, and no one crossed the picket line! The union meeting
    to strike was held in Chicago. I will never forget the comment that our
    Head Coach, Mike Ditka, made when we returned for our first meeting. As
    a result of the strike, The League brought in replacement players
    (SCABS) who played (3) games in place of the striking players. Mike
    kept 4 of those replacement players, when we returned, and he told all
    of us that ``Those guys (the 4 SCAB players) are THE REAL BEARS!''
    Mike's comments furthered my resolve, which ultimately led to my role
    as a plaintiff in U.S. District Court. It stung my conscience, as much
    as my dad's comments regarding GM and the 29 years it took them to give
    him the job he was qualified to do in 1945. And also of my first
    meeting with Buddy Ryan, my rookie year, who asked me: ``Golden Domer,
    you one of those doctors or lawyers?'' I said ``yes sir!'' He said
    ``well, you won't be here too long, because I don't like smart
    Niggas!'' I called my dad and told him that ``I didn't graduate from
    college to go through this!!!'' My dad said: ``It sounds to me like
    you're in The Army!'' It was a very short phone call. From that, I
    learned to persevere.
        Fighting for players' rights became a passion for me and it's even
    stronger today. I was honored when I received an invitation, upon
    retiring from the NFL, to become Alternate Trustee of the player plans,
    to serve along side of Tom Condon, Jeff Van Note, and the late great
    Len Teeuws. Each man has operated with absolute integrity and with
    great resolve, in carrying out their fiduciary responsibility. In fact,
    during the years that we played without a union representing us, those
    men were totally naked, in terms of liability, without any financial
    backing from the players, had a suit arisen!!!
        I recall receiving my first set of documents with players'
    applications and renewals, with all of their medical records, and
    turning to my wife and saying: ``I now know far more than I care to
    know about these men and their financial & family situations.'' Our
    meetings with the NFL Trustees have oftentimes been spirited and on
    occasion contentious, but always with both sides operating within ERISA
    Guidelines. I can say, without question, that Tom, Jeff, Len, and I
    have fought for every individual player who has filed an application
    for benefits. Len was a tireless champion for the men who served in The
    Armed Services, to get accredited seasons for them, during those years
    when they were serving our country. In replacing Len, as a full
    trustee, upon his retirement, I have continued that fight. Trace
    Armstrong now serves as the Alternate. We are even more diligent in our
    efforts to gain benefits for any and all players who are deemed totally
    & permanently disabled! In all cases, Federal law requires us to follow
    the terms of the Plan, which states that if an individual is
    ``employable'', he does not qualify for total and permanent disability.
    That is not an arbitrary decision being made on the part of the Board.
    . . . It Is The Law!
        1993 was a pivotal year, in regards to player salaries and
    benefits. As a result of collective bargaining, in Dallas, TX, a new
    CBA was agreed to. The very first thing negotiated was Benefits, and I
    immediately left the room to go and call Daryl Stingley to let him know
    that his benefits were tripling! In that same meeting, the Executive
    Committee moved to create a Pension Benefit for The Pre-59'ers . . .
    those men who played prior to the creation of benefits, who had not
    received one from the guys who came after them. We got there with Mike
    Kenn as President and an 11-membered Executive Committee, and a few
    strong player reps who wouldn't bend! Since 1993, every negotiation and
    extension of the current agreement, the players have reached back (out
    of their pockets to the tune of $82K per year, per player this year) to
    fund increases in PAST PLAYER'S BENEFITS!
        Can the process be improved? Absolutely! Can the process be sped
    up? It must be! But remember, we are bound by Federal law and the terms
    of the Plan, and quite frankly, the only reason the players have a seat
    on the Board is because it was collectively bargained . . . just as
    with my companies, I as management could run the benefit portion
    without employee input! Can more be placed into the coffers for
    Disability Benefits? Absolutely! But, those decisions are made by the
    current players who, by the way, are putting 6 percent of their
    collectively negotiated package into total benefits. That $82K per
    player per year comes directly from additional salary they could
    realize!
        I have seen our benefit numbers grow from under $7M to over $2.5B,
    since the year I became a rep. Gene and his staff have done yeoman's
    work, on more than one occasion. I pay tribute to all of those player
    reps, who over the years, sacrificed time with family and oftentimes,
    careers, to join in this fight. I can personally recall numerous men
    who lost their jobs because of their union involvement. Today, we are
    as close to labor peace as we've ever been. . . . The ``Poison Pill''
    at the end of the agreement, placed their by The Special Magistrate is
    responsible for that. The day is coming when the agreement WILL run
    out, and a system very much like pre-1993 becomes a possibility, again,
    with salaries being set and no Free Agency. On that day, benefits will
    be frozen or simply taken away.
        I can uniquely relate to the players, both current and retired, as
    well as, management, since I had as many as 252 employees . . . I paid
    their benefits out of my pocket. I can also relate to the players who
    are feeling a significant financial crunch, as I lost my business in
    2006 to receivership, due to cash-flow challenges, associated with a
    late startup, after construction. I won a Federal Lawsuit in October
    2004 for $34.592M, but because the company is based in The Netherlands,
    I have been unable to secure any of the individual's assets, as of yet,
    but I will. The Hedge Fund wasn't concerned with my challenge, nor my
    family's. It has cost me my business and my home, and I'm exhausting
    assets as I speak. But, GOD has been good, and HE has been good to
    those men who take issue with where they find themselves today.
        I have had some great coaches: Terry Hitchcock, Dan Devine, Jim
    Johnson, Mike Ditka, Buddy Ryan, Bill Parcells, and Bill Bellichek.
    I've had and have great mentors and known great leaders.
        This (Capitol Hill) is not the proper venue for this discussion, of
    how do we improve disability benefits. I am a retired player, and every
    man playing today will very soon join our ranks. The place for this
    discussion is with the current players, at their Annual Player Rep
    Meeting, in March. Retired Players need to go there 300+ strong! It's
    there that the decisions are made, and it's there that our voice will
    be heard and influence felt! ``Eight men thoroughly immersed in true
    unionized spirit are far greater assets, than eighty, with lukewarm
    enthusiasm!''
        The game is better than it has ever been, and the players are
    compensated at unprecedented levels. Salaries and benefits skyrocketed
    as a result of Reggie White, Michael Buck, Hardy Nickerson, Van
    McElroy, and myself, and others. I didn't realize the impact of it, but
    one of my sons might, or their children (when they have them). I'm
    excited about what we've accomplished so far and it's been a very fair
    life.
        Thank you. GOD Bless You!

        Senator Dorgan. Mr. Duerson, thank you very much. As you
    know, we have arranged the sounds of a carpenter as
    accompaniment for your testimony. We apologize for that. But--
    see if we can stop it. Thank you for your statement.
        Mr. Bill Bain is a former NFL player for the Los Angeles
    Rams.
        Mr. Bain, you may proceed.

               STATEMENT OF BILL BAIN, FORMER NFL PLAYER,

      LOS ANGELES RAMS, GREEN BAY PACKERS, NEW ENGLAND PATRIOTS,
                     DENVER BRONCOS, NEW YORK JETS

        Mr. Bain. Good morning, Mr. Chairman, Senators, and members
    of the Committee.
        My name is Bill Bain. I am happy to be here in support of
    the NFLPA. I played 12 years in the NFL, most of them on
    running teams. It was my pleasure to spend 8 years with the
    L.A. Rams. I got to play with Hall of Famers Jack Youngblood,
    Jackie Slater, and Eric Dickerson. In 1983, Eric set the rookie
    record, which still stands after 24 years. In 1984, Eric set
    the NFL rushing record, which still stands after 23 years. I
    was very proud to be part of that L.A. Ram offensive line.
        Now, as I stated before, I've been on running teams most of
    my career. The injuries I have received can best be described
    by an equation developed by a physicist that says, ``Two 280-
    pound linemen hitting head-on 60 times a game is the equivalent
    to two cars hitting head-on at 40 miles an hour.'' On running
    teams, you practice run-blocking on Wednesday, Thursday, and
    Sunday. By doing so over 12 years, I developed a condition
    called venous insufficiency in both legs. That means that the
    veins have collapsed, making it difficult for blood to return--
    back up to my heart. It just pools into my feet, in my legs. My
    legs, from my calf down, are the color of this tie. After
    retiring, in 1987, I could not use my college degree to help my
    family, because the employers that wanted to hire me were
    afraid that my medical conditions would increase the future
    medical insurance premiums beyond their acceptable levels. It
    was then that I was forced to take various physically demanding
    jobs to help my family out. This deteriorated my legs even
    further, causing ulcers, which would ooze and bleed and take 4
    to 6 months to heal. An ulcer can best be described as a worm
    in an apple, with stuff oozing out of it.
        In 1993, I received two letters from the NFL Players
    Benefits Office advising me of a financial condition of two
    funds that were negotiated by the NFLPA in the most recent CBA,
    which was negotiated after I had retired. I called the NFL
    office. My call was directed to Miki Yaris-Davis. And she is a
    godsend. Anyway, she explained to me what the two programs
    were. I got off the phone, explained what the two programs were
    to my wife. She--we both looked at each other and, kind of,
    laughed. And she said, ``You can easily qualify for this.''
        I called the NFLPA and requested a physical exam. A form
    was sent to me immediately. I had a doctor's appointment made.
    However, when I got to that doctor's appointment, unbeknownst
    to me, I needed to pay $300 up front for the exam. The doctor
    would not see me. Finally, on September 15, 1996, 2 years 9
    months after receiving the two letters, I was able to save up
    $300 to pay the up- front fee for the physical and take the
    examination. On January 16, the Retirement Board met, and on
    January 18th I received a letter of denial. The letter stated
    that Dr. Schultz did not consider me permanently damaged goods.
        Between January 19 and March 15, I started the appeal
    process. I collected letters from two workman's comp attorneys,
    three physicians, and two personal friends, all who have known
    me well and had followed my career. One of the attorneys was
    Mike Bagby. Mike's a great friend. Mike Bagby is a lawyer, and
    he has associates, and they specialize in workman's comp
    attorney law for the employer; and he's out of Santa Ana,
    California. Mike read Dr. Schultz's report and asked me if I
    had a surgically repaired scar on my right knee. My answer was
    no, it's on my left knee. Then Mike asked me how come there was
    no reference to the venous insufficiency? And I answered,
    ``Mike, because he didn't ask me to take my socks off.'' I
    presented these letters to the board on April 24, 1997. I had
    my appeal hearing. It ended at a 3-3 tie. And that's a good
    thing--it's three players and three owners--it was a good
    thing, because, with that decision as a tie, I get to go see a
    MAP doctor. ``MAP,'' meaning Medical Advisory Physician.
        On May 28, 1997, I was examined by Dr. Tiboni. Thank God I
    took my wife with me, who's an RN. During the exam, Dr. Tiboni
    stated, ``You're kinda messed up, but not so badly that you
    should receive disability.'' That's when my wife said--as I
    said, ``She's an RN''--that's when my wife said, ``Bill, take
    down your socks.'' Well, Dr. Tiboni--looked--he just went like
    that, a look of complete astonishment. Dr. Tiboni examined my
    feet and my legs for the next 10 minutes, and then said,
    ``Congratulations, you've flunked your physical.'' This is a
    good thing.
        On July 23, the Board granted my appeal for total and
    permanent disability benefits. On August 15, 1997, the Feast of
    the Assumption, I received my first check. During that tough,
    long year process, I wanted to quit several times, but due to
    the support of the NFLPA and Miki Yaris-Davis, I didn't.
        In closing, I want to say that, without the NFLPA's
    efforts, I'd be upside down. Without the Federal Social
    Security disability benefits, I'd be inside out. Without my
    wife and her job and the medical benefits her job provides, I
    don't know where I would be, my four daughters would be, my
    whole family would be. I thank the NFLPA so very much for all
    their help, because they stuck by me.
        Thank you very much.
        Senator Dorgan. Mr. Bain, thank you very much for being
    with us and sharing that story and your testimony.
        Next, we'll hear from Mr. Garrett Webster, the son of NFL
    player Mike Webster, from the Pittsburgh Steelers.
        Mr. Webster, you may proceed.

           STATEMENT OF GARRETT WEBSTER, SON OF MIKE WEBSTER,

              FORMER NFL PLAYER, PITTSBURGH STEELERS AND
                           KANSAS CITY CHIEFS

        Mr. Webster. Thank you, Senator.
        Ladies and gentlemen, before I begin my testimony, I would
    just like to express my gratitude for being included in today's
    proceedings. I am humbled to be here today in the capital of
    the greatest country in the world and to share the story of a
    great football player and a great man who was abandoned by the
    League he helped build.
        Today, you will hear firsthand from former players about
    what it's like to try and obtain disabilities from the NFL. You
    will hear what it's like to be in constant pain. You will hear
    what it is like to fear the loss of your mind, body, and
    perhaps even your very soul while you are still relatively
    young.
        But that's not my story. I cannot tell you what it's like
    to wake up and not be able to walk out--walk to the shower
    without being in constant pain. I cannot tell you what it's
    like to fear the loss of your mind and then to feel it actually
    happening. I cannot tell you what it's like to become a
    stranger even to yourself.
        However, what I can tell you, and what I will tell you, is
    what it's like to stand by, helpless, as your father's life is
    turned into a constant living hell that most people would take
    their own lives to escape from.
        My father was Iron Mike Webster. He played 17 years and was
    perhaps the most widely respect player in the League during
    that time period. For--he was mainly respected for his work
    ethic and his devotion to his city and his team, the Pittsburgh
    Steelers. He was the Steeler the fans viewed as one of their
    own, a blue-collar man who would dedicate countless hours to
    help raising millions of dollars for spina bifida, who would
    stay long after autograph shows so everyone got their souvenir
    signed, who greeted everyone with a handshake from those
    massive hands, and made them feel like they were a personal
    friend. Ask all of these people who Mike Webster was, and they
    will tell you he is the definition of an all-time great.
        I am proud of my father, and, as all sons are, I think my
    dad was the greatest dad in the world. When I was young, I
    remember my dad wrestling with my brother Colin and I in the
    pool, chasing robins with my sisters, Brooke and Hillary, out
    in our front yard, and reading stories into a tape recorder so
    we could hear his voice while he was on long road trips. My
    mother, who could not be here today, remembers my dad as a good
    father and husband, who could remember the street layouts of
    Chicago after taking one look at a map, and a man who would
    play practical jokes on the neighbors, not limited to putting a
    few rubber snakes in Mrs. Gregg's mailbox.
        But, as I grew older and I grew more and more aware of my
    dad and his condition, I knew that the Mike Webster that I grew
    up and loved was dying. I remember the day that I knew
    something was wrong, when, on my 10th birthday, my dad was
    nowhere to be found. I didn't even receive a phone call, which
    was not like him, because he would usually call me every single
    night before I went to sleep, and call me his ``Little Buddy.''
        Later that month, I found out why, when our family
    discovered Iron Mike Webster, bloated to over 300 pounds,
    shivering naked in a bed in a rat-infested motel, and, at his
    side were not pictures of his kids, nor his Super Bowl rings,
    nor autographs or any glory that you associate with football,
    but a bucket of human waste, because he was too weak to make it
    to the bathroom.
        As time passed, my dad's condition only got worse. I have
    lived through things I would not wish on my worst enemy. Have
    any of you people around here had to shock your own father with
    a taser so he could go a few minutes without pain? Have any of
    you had to receive a phone call from your father telling you he
    was about to kill himself so he could get away from it all?
    Have any of you had to witness a once-proud, strong man as Mike
    Webster, have to beg for KFC and perhaps offer autographs just
    so he could eat something? Well, I have. And I cannot forget
    those experiences.
        My father is gone now. I cannot help him. But I can do what
    he would do for his teammates and fellow football players if he
    were here, healthy, and the man that he was before the repeated
    head injuries suffered on the football field took his mind and
    body from him at an early age, and took him from me far too
    soon.
        What I'm asking is that the NFL Players Union and the
    National Football League, as a whole, look beyond the bottom
    line and help the past, present, and future gladiators, in
    every way that they can, to find peace, self respect, and a
    measure of health when their very short time in the game is
    over, and they don't end up relieving themselves in the oven
    as--in a flash of dementia, as my father once did. Believe me,
    there are millions of kids who play this beautiful game of
    football and have no idea of the risks. I'm calling on the
    League, the Players Union, the Commissioner, the retired
    players, and the U.S. Government to put aside egos and hurt
    feelings and work in a way to educate people about the health
    risks involved with playing the game, and to take care of those
    athletes who got hurt while playing it in a fair and balanced
    way, whether it be with healthcare, social workers, insurance,
    or whatever can be provided by a multibillion-dollar
    corporation.
        A final plea, I will make to you, Commissioner Roger
    Goodell. I personally think that you're a good man who wants to
    promote positive change in today's game. You have shown good
    leadership with things, such as making sure the NFL players are
    accountable when they break the law, so they are good role
    models for kids today. I am making a plea to you, not as the
    son of Mike Webster, not as a 23-year-old kid who has lost his
    best friend and father, but as a young man who desperately
    wants no one to ever feel the pain that I feel every morning,
    to feel the loneliness that I feel when I have to turn to my
    father for advice and he is not there, to feel the heartbreak
    that I feel when I hear about Chris Benoit, Andre Waters,
    Reggie White, Justin Strzelczyk, and the web of people
    connected to them that have had brain injuries, and those brain
    injuries have destroyed their lives by repeated concussions and
    head--other head injuries. I ask you, Mr. Goodell, to use your
    position as NFL Commissioner, to lead the charge to educate the
    public about brain injuries and show them how to rehab and take
    care of those injuries, and take care of people that are slowly
    becoming a stranger to themselves and those around them. I
    pledge to offer whatever help I can, and support. My father
    would like that, I know. I would give my life to never see
    another family end up like mine. I am ready to help. Please
    join me.
        Ladies and gentlemen of the Senate, I thank you for your
    time.
        [The prepared statement of Mr. Webster follows:]

    Prepared Statement of Garrett Webster, Son of Mike Webster, Former NFL
               Player, Pittsburgh Steelers and Kansas City Chiefs
        The following people all helped Mr. Mike Webster in his final
    years, and I would like to include their names on this document----

            Bob Fitzsimmons
            Sunny Jani
            Devin Jani
            Alexis Jani
            Dr. Charles Kelly
            Dr. Jim Vodvarka
            Freddy Shaheen
            Sam Nuci
            Terry Despoy
            Cy Smith
            Pamela Webster
            Brooke Webster
            Colin Webster
            Garrett Webster
            And the entire Pittsburgh Steelers Family.

        Ladies and gentleman, before I begin my testimony, I would like to
    express my gratitude for being included in today's proceedings. I am
    humbled to be able to appear here today, in the capitol of the greatest
    country in the world, to share the story of a great football player and
    a great man who was abandoned by the league he helped build.
        Because I am proud of the way my father lived and still agonized at
    the way he died, I may struggle in my oral presentation of this
    testimony against being inappropriate. I hope I am at my best for you
    Members of the Committee who have kindly taken oversight of the great
    injustices of the NFL's disability system, and for the men who have
    suffered, and who continue to suffer, under it. I know that, for their
    sake and for the memory of my father, whom I represent today, that I
    must try to put hurt feelings aside and coolly expose the deceptions in
    that system that will rob other children of fathers, mothers of sons,
    and wives of husbands if it is allowed to continue. I ask you to listen
    with open hearts and open minds with concern not for icons, superstars,
    quarterbacks, lineman, or football players, but for your fellow human
    beings. In return, I will try to be as brave before my task as my
    father was in life.
        Today you will hear, first hand, from former players about what
    it's like to try and obtain relief for their disabilities from the NFL.
    You will hear what its like to be in constant pain. You will hear what
    its like to fear the loss of your mind, body, and perhaps even your
    very soul while you are still relatively young. But that is not my
    story. I cannot tell you what its like to wake up and not be able to
    walk to the shower without being in constant pain. I cannot tell you
    what its like to fear the loss of your mind and to feel it actually
    happening. I cannot tell you what its like to become a stranger even to
    yourself. However what I can tell you, and what I will tell you, is
    what its like to stand by, helpless, as your father's life is turned
    into a constant living hell that most people would take their own lives
    to escape.
        My father was Iron Mike Webster. He played 17 years and was perhaps
    the most widely respected player in the league during the 1970s and 80s
    for his strength, for his work ethic, and for his devotion to his team,
    the Pittsburgh Steelers. He was the Steeler the fans viewed as one of
    them--a regular man who dedicated hundreds of hours to helping raise
    millions of dollars for spina bifida, who would stay long after
    autograph shows so everyone got a souvenir signed, who greeted everyone
    with a handshake from those massive hands and made them feel like they
    where a personal friend. Ask all of these people who Mike Webster was
    and they will tell you that he is the definition of an all time great.
         I would love to tell you that Iron Mike Webster lived out his
    remaining years, a proud man, sharp as a tack, humorous, warm, and
    caring, a wonderful husband and father. But I cannot lie and, because I
    care about my Dad's memory and I care about the people that are here
    today who are suffering under the same system that failed him so
    miserably, I must try to tell the truth as I saw it, through the eyes
    of a surviving son.
        I'm proud of my father, and as all sons are, I think my dad was the
    greatest dad in the world. When I was young, I remember my dad
    wrestling with my brother Colin and I in the pool, chasing robins with
    my sisters Brooke and Hillary in our front yard and reading stories
    into a tape recorder so we could hear his voice when he was away on
    road trips. My Mother, who could not be here today, remembers my dad as
    a good father and husband who could remember the street layouts of
    Chicago after taking one look at a map, and who would play practical
    jokes on the neighbors, not limited to putting a few rubber snakes in
    Mrs. Gregg's mailbox.
        But, as I grew older, I grew more and more aware that the Mike
    Webster I knew was dying. I remember the day I knew something was wrong
    when, on my 10th birthday, my dad was nowhere to be found. I didn't
    even receive a phone call, which was not like him. Later that month I
    found out why, when our family discovered ``Iron Mike'' bloated to over
    300 pounds, shivering in a bed at a rat infested motel. At his side
    were not pictures of his kids, nor his super bowl rings, but a bucket
    of human waste because he was too weak to make it to the bathroom.
        As time passed, my dad's condition only got worse. I have lived
    through things I would not wish on my worst enemy. Have any of you had
    to shock a family member with a tazer so he could be without pain for a
    few moments, have any of you, at the age of 13, received a phone call
    from your father in which he tells you he is about to kill himself?
    Have any of you witnessed a once strong, proud man, reduce himself to
    begging for Kentucky Fried Chicken? I hope not. I have and I cannot
    forget.
        My father is gone, now. I cannot help him. But I can do what he
    would do for his teammates and fellow football players if he were here,
    and healthy, and the man he was before repeated head injuries suffered
    on the football field took his mind and body from him at an early age,
    and took him from me far too soon. What I'm asking is that the NFL
    Players Union and the National Football League as a whole look beyond
    the bottom line and help the modern day gladiators in every way they
    can to find peace, self respect and a measure of health when there very
    short time in the game is over so they don't end up relieving
    themselves in an oven in a flash of dementia as my father did once.
    Believe me, there are millions of kids who play this beautiful game of
    football who have no idea of the risks. I'm calling on the League, the
    Players Union, the Commissioner, the retired players, and the U.S.
    Government to put aside egos and hurt feelings and work on a way to
    educate people about the health risks involved with playing the game,
    and to take care of those athletes who got hurt while playing it in a
    fair and balanced way, whether that be with healthcare, social workers,
    insurance or whatever help can be provided by a multi-billion dollar
    corporation.
        The final plea I will make is to you, Commissioner Goodell. I
    personally think that you're a good man who wants to promote positive
    change in today's game. You have shown good leadership with things such
    as making sure NFL players are accountable when they break the law, so
    they are good role models for kids today. I'm making a plea to you, not
    as the son of Mike Webster, not as a 23 year-old kid who has lost his
    best friend and father, but as a young man who desperately wants no one
    to ever feel the pain that I feel every morning, to feel the loneliness
    when I feel when I need to turn to my father for advice and he is not
    there, to feel the heartbreak that I feel when I hear about Chris
    Beniot, Andre Waters, Reggie White, Justin Strylzick and the web of
    people connected to them, that have had there lives destroyed by
    repeated concussions and head injuries. I ask you, Mr. Goodell, to use
    your position as NFL Commissioner to lead the charge to educate the
    public about brain injuries and show them how to rehab and take care of
    someone that is slowly becoming a stranger to himself and those around
    him. I pledge to offer whatever help I can in support. My father would
    like that, I know. I would give my life to never see another family end
    up like mine. I am ready to help. Please join me.
        Ladies and gentlemen of the Senate, I thank you for your time.

        Senator Dorgan. Mr. Webster, thank you very much for being
    here today and for providing your testimony, as well.
        Finally, we will hear from Brent Boyd, who's a former NFL
    player for the Minnesota Vikings.
        Mr. Boyd, you may proceed.

     STATEMENT OF BRENT BOYD, FORMER NFL PLAYER, MINNESOTA VIKINGS

        Mr. Boyd. All right, thank you, Senator Dorgan and the
    Committee, and especially your dedicated staff, who's been so
    generous with their time and hard work going--leading into this
    hearing.
        Before my clock starts, as I was allowed in the House, I
    request a chance to explain my invisible disability, because it
    affects my testimony. I do have brain damage. It's been located
    on brain scans. The damaged part of the brain gets--when I'm
    under stress, gets less blood, instead of more, like normal
    people, in--besides causing problems communicating, it causes
    excruciating pain. So, you know, this is a Senate hearing, it's
    fairly stressful, and, you know, the 5-minute clock is a little
    stressful, so I need to--I beg of you to let me go slow and
    tell the story. There's a lot to tell. I'm going to need
    questions to tell--I can't get it all into 5 minutes. Thank you
    for accommodating my disability.
        And now, to begin, I'm Brent Boyd. I'm a native
    Californian. I graduated with honors from UCLA, am now a
    resident of Reno, Nevada.
        My wife, Gina, a U.S. Postal mechanic, and son, Anders, 19
    years old, fireman in training, they couldn't make it with this
    trip. My neurologist prefers, I don't travel alone, so I want
    to thank and acknowledge that I have been escorted by one of
    America's most decorated Vietnam heroes: retired Colonel Jack
    Kelly, United States Marine Corps, has escorted me from the
    West Coast and around town.
        Although I just turned 50 this year, I am already on
    medications for dementia and Alzheimer's. As is all too common
    for NFL players, the snowball of dementia has started rolling,
    so please grant me the opportunity to tell this whole story
    while I'm able. I have a lot to tell. The Committee needs to
    hear a lot. So, as long as we're here and we have this time
    together, let's take advantage of it, please. And exhaust me
    with questions. I am fighting for my life, I'll stay here all
    day to answer questions.
        In addition to my own story, in the last week or two,
    players who have found my e-mail address have written their own
    stories. And I haven't counted them. There are 150, 200
    letters, probably. I would like to submit this into the
    official record. Instead of a form letter, where, you know,
    faceless signatures are on it, each story here tells their own
    story of their disability and their journey through the rigged
    disability board. And each story is different and unique in its
    own way, but each has the common thread of the fraud and
    corruption of this disability process.
        May I submit this?
        Senator Dorgan. Without objection, we will include it----
        Mr. Boyd. OK.
        Senator Dorgan.--in the permanent record, Mr. Boyd.
        Mr. Boyd. Also, I wrote the Boyd Plan, which is attached to
    my written testimony, and this was in answer to Chairwoman
    Sanchez's written follow up question, but it's the only--to
    date--comprehensive solution to this. So, I'm here to complain,
    but there is also a solution to the process of the plan. So, I
    would like--just to let you know, I can answer questions not
    only anecdotally about myself, but about these other things.
        Now I got lost.
        There are--they keep changing the number of former players,
    but, you know, there are approximately 8,000 former players in
    this most violent sport since the gladiators. We read, Sunday,
    only four qualify for concussion disability. They claim 317
    disability recipients, which is a ridiculous number, to begin
    with, but their 2006 tax filings show only 121 of the 8,000
    former players are receiving any disability payments.
        The most disgusting number is this. They're taking $3.1
    million out of our own pension fund to pay Doug Ell and Groom
    law firm to fight us, with our own money, and to alter and
    change the plan, and turn it into a jungle of red tape. By
    contrast, baseball is paying their attorneys $170,000 to do the
    same job.
        Now, I love football. Everybody in this room loves
    football. I am aware that I'm putting a damper on this party.
    Everyone loves football. They play Fantasy Football. They don't
    want to hear about this ugly side, about all the carnage. It's
    like hearing Santa Claus beat up the reindeer. When a horse
    gets crippled, like Barbaro, you'd think President Lincoln got
    shot again. When decades of NFL players are crippled and are
    denied benefits and left destitute by a rigged system, we are
    shoved into the shadow so the party can continue.
        I am depending on your questioning to allow for details,
    but here is the story, in short.
        It was not until 1999 that doctors correctly diagnosed my
    problems as being connected with concussions. Once they did
    that, I was sent for a 2-day neurological report--brain scans
    show, clear as day--it's on the brain scan, there is brain
    damage. It's on the picture. It's important, because when they
    shopped and got to the third doctor who denied me--in his
    report, he admits he never looked at any brain scan.
        Well, hearing this, friend and baseball agent Barry Axelrod
    helped me file my claim. When I called the NFL to alert them
    that I was filing my claim, I was told not to bother, and their
    quote was, ``The owners would never open that can of worms by
    approving a claim for head injury.'' The liability is so great,
    it's like tobacco companies fighting against the link between
    smoking and cancer, it's like automakers, when they have faulty
    designs, trying to deny any liability. This is a $7 billion to
    $8 billion industry. I'm just a guy who has been, off and on,
    homeless, and am fighting, you know, on the computer in my
    bedroom. But that's--this is the truth of the situation.
        So, you have the statement saying they will never open this
    can of worms. Shortly after that, my Viking medical files
    disappeared. Out of the blue, you know, it has to be, the NFL
    destroyed these files to remove the pesky contemporaneous notes
    that would prove my claim instantly, and then to allow the Path
    & Groom Law's experts at manipulating ERISA.
        I was sent to a doctor picked by the NFL, as expected. This
    doctor was picked off a preapproved list of physicians. I was
    living in San Diego at the time, single father with a young
    son. This neurologist enthusiastically supported my claim, to
    the point of--the NFL only asked him to examine me 1 day; he
    voluntarily brought me back a second day, because, at the end
    of the first day, he said, ``I suspect you have vertigo as a
    result of these concussions, and I need another full day to
    confirm that.'' His tests confirmed, I have vertigo from NFL
    concussions. This report was sent to the NFL Disability Board.
    NFL Disability Board does not care. The NFL Disability Board
    ignores the basic tenet of ERISA. They only look for reasons to
    deny a claim, they never look for reasons to approve a claim.
        Importantly--after they ignored him, they sent me to a
    second doctor; this time, a psychiatrist--first one was a
    neurologist. And the second--the psychiatrist was even more
    enthusiastically in support of my claim. He sees NFL players
    often, and he says mine was the most profound that he had seen.
    And then--most importantly, these first two NFL doctors--there
    is a mandatory NFL form that the NFL asked these doctors to
    fill out. The reason for this form is to remove any doubt as to
    cause of--causation, make sure there are no claims of
    ambivalence or ``equivalitization,'' if I said that right. The
    first two doctors checked the boxes--you know, it asked them if
    I was fully disabled, permanently disabled, yes; part of the
    body: brain. Question is, on both of these--I'll just hold up
    one--Is the disability a result of injury? Yes. Is the injury
    resulting from football-related activity? Yes. Both NFL--
    remember, they're NFL doctors--checked these claims, sent them
    to the Disability Board. The Disability Board doesn't want to
    hear it, because it's in support of a player.
        Now, again, this form proves causation and removes doubt
    about equivocating. The third doctor, who had denied my claim,
    has yet, to this day, to fill out this questionnaire. His name
    is Dr. Barry Gordon, from Johns Hopkins. This third doctor
    never says, in his report what they used to deny me, that--it's
    not found in his report that he says--even says I am not
    disabled by the NFL. He does make a ridiculous statement that
    says, ``Concussions could not cause headaches.'' And anybody
    who believes that, raise your hand. ``Concussions don't cause
    depression, dizziness, and fatigue,'' my four symptoms he
    admits I have, says they are impossible to link to concussions.
        To this day, despite what you're told in the misleading NFL
    white papers, we still have no idea what Dr. Gordon's answer is
    to the question, whether my disability is football-related. But
    that I was close enough for them to vote unanimously to deny my
    claim.
        Now, again, I was a single dad, often homeless. I was kept
    alive by charity. To the disgrace of the National Football
    League, it was Major League Baseball who kept me alive. Through
    Barry Axelrod, baseball players Mark Grace, Rick Sutcliffe,
    Jeff Bagwell, along with UCLA alums, actor Mark Harmon, Bill
    Walton, and others, formed a charity to move my son out of a
    campground or out of the cheap motel we were living in, into an
    apartment near my son's school. And I need to thank the San
    Diego Native American Health Clinic, of which I don't qualify,
    but they provided emergency medical and dental care, just out
    of pity.
        So, after a 9-month delay, in which I was still reliant on
    charity, I was forced to leave my young son in San Diego and
    travel to Baltimore to see Dr. Barry Gordon. We fought this.
    There are plenty of doctors in Southern California--Doug Ell
    said, ``You see Dr. Gordon--only Dr. Gordon, or you're
    denied.'' So, I had no choice but to go.
        Importantly, those first two doctors were selected off that
    preapproved list, Dr. Gordon was handpicked by Doug Ell of
    Groom Law.
        Since I had already seen a neurologist, they can't just
    send me to another neurologist and--say they weren't happy with
    the first neurologist's report, they needed to have another
    excuse to go. So, I was told I was being flown coast to coast
    to take a complex, sophisticated neuropsychological exam. And,
    before we get into that plan, I want to--it's important for you
    to know that, after these first two doctor reports, the wording
    of the plan, the hangup for Mr. Ell, was--the plan says that I
    am to be awarded full disability if my disability is ``caused
    by, or even relates to, a head injury.'' No percentage of
    causation, just if it relates to a head injury. So, again,
    incredibly, Dr. Gordon admits, in his report, he never bothered
    to look at existing brain scans, never ordered his own. He
    ruled on a body part he never looked at. As they teach in law
    school, ``Don't ask, if you don't want the answer.''
        And now, this neuropsychological test, that was all
    important to deciding my case, that they forced me to fly coast
    to coast, was not given by Dr. Gordon, as they had been telling
    me the whole time. This story gets more ridiculous as we go
    along, so hang with me. I show up in Baltimore, and this
    neurological test, which takes years to learn how to
    administer--is supposed to be only given by a Ph.D., especially
    if it's a case with legal ramifications, and it takes years to
    understand the nuance--this is--it's not just reading what was
    checked, you know, on the paper, you've got to understand the
    nuances of the person taking the test. It's supposed to be
    given by a neuropsychologist. They didn't bother hiring a
    neuropsychologist. It was a young linguistics student named
    Laura Atella, who kept telling me, over and over, as a running
    joke, she had never seen the test til the day before. She took
    it home the night before, and practiced on her boyfriend. This
    was the test they flew me coast to coast, this was the test
    that was going to decide the fate of me and my son. They don't
    hire a neuropsychologist, they pull a linguistics student, with
    no medical training, off the street, she gives me the test.
        Her test was paired with Dr. Gordon's report. And Dr.
    Gordon's report, again, says, ``concussions could not cause
    headaches.'' And, again, I'm asking anybody to raise their hand
    who agrees with that. My--now, this claim that, for years,
    while all the reports were in my favor, stretched for years,
    once they got this report I was denied, by the end of the week.
    It only took days.
        Now, after my Ninth Circuit case--too late for my case--I
    found a 1990 medical journal, fully documented by our same Dr.
    Barry Gordon, who said all of my symptoms--he admitted my
    symptoms had expression--dizziness, fatigue--when paid by the
    NFL, said, ``You can't link those symptoms to concussions.''
    Here's an article, called ``Postconcussion Syndrome,'' written
    by Dr. Barry Gordon at Johns Hopkins. The very first paragraph
    says, ``Overall, headache, fatigue, and dizziness are the most
    common symptoms.'' And then, to make it easier, on his--page
    one, he creates a chart, Table 1. Title of the chart is,
    ``Symptoms of Postconcussional Syndrome.'' All the symptoms--
    all my symptoms are on this chart, the same symptoms, when paid
    by Doug Ell, he wrote, ``you can't link to concussions.'' This
    is his own medical independent research for review by other
    neurologists by his own peers.
        So, this process took years. And, to this day, my supposed
    advocates have never returned a call or e-mail. That's why so
    many veterans are so angry. Mr. Upshaw's in the paper, saying,
    ``Why are they mad at me? Why are they mad at Tom Condon?''
    This is why Lanny Davis is brought into the process.
        During these years, they kept getting it wrong. You know,
    we get 90 days between when we can get a report. I tried to try
    to call Gene Upshaw or Tom Condon or members of the Disability
    Board and say, ``Hey, it's wrong. Fix it before the next
    meeting.'' They don't answer a call. To this day, they have
    never answered a call. They're not--they are our trusted
    advocates. We don't get to pick them. They're supposed to stand
    up and defend us. They don't return our calls. They are like
    dirty cops, sitting idly by in these meetings, as doctor-
    shopping and schemes for false denials are cooked up and
    executed right in front of them.
        We wouldn't be here, we wouldn't have a need for this
    hearing today, if they would just stand up and do their job and
    advocate. We wouldn't be here today if not for the willing
    collusion of all sides--the Commissioner--the previous
    Commissioner, at least--Mr. Upshaw, who are--both attend the
    meeting. There are three owners and three people appointed by
    Mr. Upshaw who are the six who actually vote. They all have
    to----
        Senator Dorgan. Mr. Boyd, I'm going to have to ask you to
    summarize. I have----
        Mr. Boyd. OK. I know I got--that's why I say----
        Senator Dorgan. But we have----
        Mr. Boyd. In review, I can speak for thousands of players,
    I can speak about solutions. I suffer both from the rigged
    system and the extra issue of concussions. To review--I was
    told they would never open a can of worms. My medical files
    disappeared. I was flown cross-country for a sophisticated
    neuropsychological exam that was given by a young linguistics
    student. The doctor who denied me didn't bother to look at the
    brain scans. He wrote ``concussions could not cause
    headaches,'' but his independent medical research is totally
    contradictory to what he wrote when paid by the NFL. This is
    fraud, corruption, collusion. It's rampant in the NFL. I have
    over 150 letters from--saying the same story.
        Thank you. Please exhaust me with questions. And--sorry to
    go on so long.
        [The prepared statement of Mr. Boyd follows:]

     Prepared Statement of Brent Boyd, Former NFL Player, Minnesota Vikings
        Dear Members of the Senate Committee on Commerce:
        I am Brent Boyd, disabled former National Football League player. I
    am here for double duty . . . to explain to you the corrupt NFL
    Disability process in general, and to also address the more
    controversial issue of concussions. The NFL would rather you not look
    into the topic of head injuries, their liability is huge.
        I want to thank you for inviting me to testify, I have an
    incredible but true story that is guaranteed to open your eyes in
    anger. I thank you for your interest in this issue on behalf of
    thousands of hurting former players, I tip my hat to your courage on
    taking on this $7-8 $BILLION sports league. While they have owned the
    legal process, today is our time for justice.
        I am 50 years old, a native of Southern California and currently
    reside in Reno, NV. My wife Gina, a U.S. Postal mechanic, and son
    Anders, a firefighter in training, could not accompany me today. My
    neurologist prefers I don't travel alone, and I am honored to be
    escorted cross-country by one of America's highly decorated Marines
    from Vietnam, Retired Colonel John ``Jack'' Kelly, USMC.
        For your convenience, and edification, I have broken up my
    testimony into 3 parts. One, my written testimony from the June 26th
    House hearing, for which I was also a witness. This is invaluable to
    walk you through the NFL disability process and makes clear as day the
    false disability claim denials and doctor shopping. This testimony
    spells out clearly what happened in my case, and I pray you ask plenty
    of questions because 5 minutes is not near enough time to explain the
    crime committed against me.
        Also, you will see how fiercely the NFL is fighting to avoid full
    liability for our concussions. Another issue is the generations who
    served as guinea pigs for the horrible Astroturf playing surfaces. We
    literally played on concrete, and many concussions did not involve
    hitting another player but just the ground, and it ruined knees and
    bodies as well as minds.
        The second section, entitled ``Delay, Deny, and Hope We Die''
    (after the NFL's famous delay tactics hoping for the OSHA life
    expectancy of 52 years or the destitution and depression to force
    suicides) describes the problem in a more general sense, with facts and
    figures that will outrage you. This is a presentation first written for
    Senator Harry Reid's staff on August 20, 2007.
        Only 4 players in the history of the NFL qualify for disability due
    to concussions. Only 121 TOTAL are receiving any benefits for any
    reason, according to their 2006 tax return. $3.1 million per year spent
    on legal fees out of our own retirement fund solely to alter the plan
    and fight us in court . . . baseball spends approx. $170,000 by
    contrast. This section also tells you why not to be tricked by the
    boasts that we lost in court . . . once the process has been corrupted
    in the early stages, all courts are hogtied by ``full discretion''
    wording, courts do not rule on medical evidence. For the NFL to claim
    we had a fair day in court is disingenuous.
        But I am not here only to complain. . . . I have written the only
    comprehensive solution to this process, ``The Boyd Plan'', the final
    section. This is a response to chair Linda Sanchez' written follow up
    question after last June's House hearings. The Boyd Plan is a simple
    solution to solving the ``Process'' players must go through to receive
    a claim, how to streamline, make transparent, add actual medical
    professionals to interpret stacks of doctor's reports instead of the
    plan's attorneys. The Boyd Plan at worst is a starting point for
    debating the answers to how to fix the ``process'' side of the problem.
        The current process is so corrupted, so rigged against disabled
    players, and is done in medieval secrecy. Doctor shopping is flagrant
    and in the open, the NFL, with their absolute power, are like war
    criminals in that they once had total power and never dreamed they
    would be caught, exposed, and held accountable for so many unforgivable
    offenses. That includes needless homelessness and suicides. Doug Ell
    and Groom Law can manipulate the legal process, but they can't fool the
    distinguished members of this Commerce committee.
        I am fighting for my life here today, for benefits for my family--
    in full and fully retroactive--we do not expect half-measures or
    partial settlements. There are countless proud men who are destitute,
    homeless, on the brink of suicide from the pain and financial shame.
        Lastly, it is important for all of you to know that I received over
    a hundred e-mails in the last 2 weeks, each from a different player
    with a different injury and a different story. But each has a common
    thread, the thread of a rigged system, of doctor shopping, of a union
    that doesn't care.
        Because I have received so many letters, which will be made part of
    the record, and the fact I authored the ``Boyd Plan'', I ask you to
    exhaust me with questions. Not just anecdotal regarding my own
    experience, but perhaps on the general nature of the widespread problem
    for which I can speak with confidence. And because ``the Boyd Plan''
    offers solutions, I ask to be also included in questions and answers
    regarding what to do next.
        Please allow me to help you understand this NFL disability issue
    and how to fix it.
                Respectfully,
                                                     Brent Boyd
                                  Attachment 1
    Testimony of Brent Boyd, Disabled Former NFL Player to the Subcommittee
           on Commercial and Administrative Law of the U.S. House of
                  Representatives' Committee on the Judiciary
        Hearing on the National Football League's System for Compensating
    Retired Players: An Uneven Playing Field?
                                                          June 26, 2007
        Madam Chairwoman, Ranking Member Cannon, Members of the Committee:
        My name is Brent Boyd. I played for the Minnesota Vikings from
    1980-86. I am a native Southern Californian, was raised in La Habra,
    CA, graduated WITH HONORS from UCLA and am a proud resident of Reno, NV
    since 2002. I am here today with my wife Gina, who is a mechanic for
    the U.S. Postal Service. My 18 year old son Anders couldn't come, he is
    home fighting wildfires for the BLM. I am on Social Security disability
    due to my post concussion injuries from the NFL, but receive only the
    minimum ``non-football related'' disability benefits from the NFL.
        First of all, thank you for having the courage to hold these
    hearings. It's long overdue and I am sure what you hear today will lead
    to immediate further hearings and big changes demanded by Congress of
    the NFL leadership. It's high time to expose the corruption of the NFL
    Disability Board, especially with Groom Law Group's absolute power and
    members like Tom Condon, whose unforgivable co-chairmanship is
    responsible for all this needless suffering that lead to you calling
    this hearing.
        I would also like to thank Jennifer Smith and the Gridiron Greats
    for making my travel here today possible. We could never have afforded
    to be here and I am grateful for their assistance.
        I am here today because I have a remarkable but true story about my
    claim denial, doctor shopping and fraud. And betrayal by the League I
    love. My case also involves the subject of concussions. Just like the
    tobacco companies fought like hell to deny any link between smoking and
    cancer, the NFL is desperately fighting to avoid any liability for all
    the carnage left behind by these NFL concussions.
        Joe Montana was recently asked about my NFL concussions disability
    claims denial by Mike Sullivan of San Diego's North County Times,

            ``Once they say there is an issue, then they have to fix it,''
            Montana said. ``As long as they never admit that there is one,
            then they never have to fix it.
            ``They're never going to admit it because then they have to go
            about and try to correct it.''

        I am here to illustrate for you how the NFL disability process is
    corrupted, how Tom Condon, Gene Upshaw, the NFL, and Doug Ell of Groom
    Law orchestrate these fraudulent decisions, and I am sure if I can walk
    you thru my experience you will get a feel for the travesty that has
    befallen countless other disabled players.
        Before I get to the details of my case, I would be remiss if I
    didn't point out to you that another loser when we are denied benefits
    are the hard working American taxpayers. These 32 NFL billionaire team
    owners hire their ``dream team'' of attorneys to get them out of paying
    their legal obligation. So we are then cast upon the taxpayers, thru
    Social Security and Medicare, and our communities through local
    charities and churches. The same Taxpayers who are already paying for
    the stadiums they can't afford to go watch a game in, are the poor
    people stuck with the bill every time the NFL's money buys them a
    disability denial in court.
        Plus, our court cases set legal precedents that make it harder for
    the average truck driver, saleswoman, office worker, mechanics and so
    on to ever collect a disability claim. The NFL Disability Board isn't
    just sticking it to football players, they are sticking it to the
    American workers and taxpayers as well.
        My concussions started in August 1980 . . . that was one of only
    God knows how many concussions I suffered. This one sticks out in my
    memory because I temporarily lost sight in my right eye and became very
    frightened. We didn't even count concussions or keep track of them back
    then, a concussion was not considered a serious injury, as opposed to
    an injury to a weight bearing bone. A concussion was a ``nuisance''
    injury, like getting hit in the funny bone. It's a pain in the butt,
    hurts like heck for a while. But like a hit to the funny bone the
    symptoms faded away soon and you never considered it again once it
    subsided . . . you surely didn't think getting ``dinged'' was going to
    affect you the rest of your life, and in fact in my case, destroy my
    life.
        A little background info about myself first,
        I was an ``A'' student growing up in La Habra, Ca.
        A month prior to going to my first NFL training camp, I graduated
    WITH HONORS from UCLA, June 1980. That took a tremendous amount of
    drive and determination. I was drafted in the third round to Minnesota,
    a feat which also requires a great deal of effort and self sacrifice.
    My whole life up to that point was of hard work, dedication, and an
    ability to set goals and successfully reach them.
        As a rookie, we had only 9 days between the start of training camp
    and our first exhibition game. We didn't have all the off-season
    practices they have today. In those 9 days as a rookie I was able to
    learn and play all five offensive line positions, something I'm told
    hasn't happened often if at all in the NFL.
        The end of that month was when that first concussion occurred in a
    preseason game in Miami, that's the concussion I remember most because
    of going temporarily blind, but there were so many more in the 7 years
    that I played.
        When I complained to the medical staff about headaches, I was told
    it was from the anti-inflammatory medications I was taking for my
    knees. Mainly a drug called Indocin, which was notorious for giving
    headaches but worked miracles on injured knees. I kept asking for a
    brain scan because of my headaches. . . . I think I was more afraid I
    had a brain tumor, because I was never told my concussions would have
    these long lasting effects. I was always denied the brain scan.
        Upon being released mid-season 1986, I was given an ``exit exam''.
    I was released because of poor performance and lackadaisical effort. I
    had been complaining of a sore leg all season, and was told it was just
    shin splints. On my exit exam I asked for both a leg x-ray and a brain
    scan.
        Again, I was denied a brain scan for headaches, but was granted the
    x-ray. The leg x-ray showed I had been playing 8 weeks on a broken leg.
    This was never announced to the media or my coaches or teammates, they
    were left to think I was dogging it, physically with my leg and
    mentally with my inability to retain plays and keep the energy and
    focus required to play in the NFL.
        I continued to take Indocin until the mid to late 1990s, dealing
    with the headaches but still believing it was from Indocin. When I
    stopped taking Indocin, my headaches never subsided.
        I tore my knee again around 1996 while playing with my son at
    Disneyland, and had more surgery. A friend told me about the NFL
    disability plan and said if anyone qualified, I might because of my
    knee. In 1996 or 1997, I called the union, Miki Yaras-Davis helped me
    write a letter, and they sent me to a doctor, who said I didn't
    qualify. I left it at that, I thought this was some informal process
    between ex-players and NFLPA. I don't believe I even submitted my own
    doctor's reports, it was not presented to me as any legal thing, I was
    never told to get an attorney or about this behemoth called ERISA that
    a few years later would rule my life. I simply asked if my knee
    qualified, they said no, and that was that. I didn't even know I was
    allowed to appeal.
        After a life of hard-driven success, suddenly the 1980s and 1990s
    were nothing but one failure after another for me. I couldn't
    concentrate, I always felt sick--dizzy, a little nauseous, and always
    very tired. I had a splitting headache that never went away, but was
    eased through self medication. In the 1980s, before the news my son was
    conceived, I was like many 20-somethings and used cocaine, in my case I
    was desperate for the energy to make up for my fatigue. (my cocaine use
    was stopped for good in 1987 with news of a son on his way.)
        And the alcohol numbs my headaches and physical pains.
        I spent years searching for a medical answer, doctors could find
    nothing wrong below the neck. They were also trying to treat
    depression, which they came to believe was the cause of my fatigue . .
    . over the years I took every anti-depressant in every dosage and in
    every combination with other drugs.
        I stopped drinking for many years with no positive change in my
    symptoms.
        From mid to late 1990s I was checked for every form of cancer, and
    had every organ x-rayed, MRI'd and ultrasounded. I had tubes and
    cameras stuck up both ends.
         After years of hoping to find relief but not getting any better, 1
    day one of my psychiatrists told me a probable reason NONE of these
    drugs had any effect could be if I had an organic brain injury. He then
    asked if I ever had a concussion? That was in 1999, and that was the
    first time any doctor had ever asked me about concussions.
        I was sent to neurologists and had brain scans and SPECT scans and
    all kinds of testing done. The scans showed the exact location of the
    brain injury, and they explained how the areas damaged correlated to
    the symptoms I was having, both the temporary loss of sight in 1980 and
    the lingering symptoms of depression, headaches, fatigue, dizziness.
    They said the concussions also gave me ``trauma-induced A.D.D.''.
        I was relieved to find a medical cause after all those years. For
    over 15 years I had been stung by words like ``lazy'', ``crazy'',
    ``alcoholic'' , ``failure'', and all this was from my loved ones! My
    employers were even harder on me. Worst of all, I came to believe it
    myself. I thought my failures were from a character flaw.
        I lost my home, my car, my first marriage, and job after job after
    job. I was then a single father, and we were scrambling for a roof over
    our heads. (I divorced in 1992, and was a single Dad until marrying
    Gina in 2004) We lived in some nice places sometimes, but we were
    homeless at others. We lived in cheap motels and even had to pitch a
    tent in a campground more than once.
        My son went without getting his needs met, my son Anders is the
    REAL victim of this crime. Even in the years after we filed our
    disability claim, and the NFL knew we were in dire straits, my son lost
    teeth because of lack of basic dental care, he had a significant vision
    problem that needed surgery in kindergarten and glasses thereafter. He
    went to school every day with old beat up scratched glasses that no man
    could see thru. He has learning disorders that I could not afford
    tutoring help for, and he was always grading poorly in school.
        But this kid has tenacity, he still showed up to school everyday
    with a smile, did homework without argument, got straight ``O's'' for
    Outstanding citizenship but D's and F's for the class grade. He never
    quit, never gave up, never gave in and took up drugs or any of the
    temptations of this era . . . and he is now a fine young man, a high
    school grad in 2006 and a fireman in training. He is spending this
    summer fighting wildfires for the BLM. My son Anders has suffered so
    greatly, so much of it purposefully at the hands of Tom Condon and the
    NFL, and I love and admire him for his perseverance.
        When I think of what the corrupt NFL Disability Board needlessly
    put my child through is when I get my angriest!
        We did get help from the NFL Players Assistance Trust, but it was
    $5,000 that could not be given directly to me. It helped pay past
    doctor bills, yes, but it did not alleviate the stress and fear of
    where would we sleep tomorrow and how was I going to feed and clothe my
    son.
        Now to what I'm here to describe, the fraud and corruption of the
    NFL Disability process.
        Once my team of treating doctors concluded clearly that I had
    suffered organic brain damage from NFL concussions, and that I was
    total and permanently disabled, we filed my claim with the NFL. I was
    helped by a good friend and fellow UCLA alum Barry Axelrod. Barry is
    both an attorney and a prominent sports agent, but he was neither to
    me. He was just a friend helping a friend, for free. We submitted piles
    of doctor's reports and brain scans.
        Upon filing my claim, I was told by Miki Yaras-Davis of the NFLPA
    not to bother filing, her exact words were ``the owners will never open
    that can of worms'' by granting a claim for concussions.
        Shortly after that, my Vikings medical files mysteriously
    ``disappeared''. The courts were never made aware of this. Medical
    files are sacred to a player, we were not ever allowed in the same room
    with them. We had to trust that after our career the NFL would store
    the files and present them in the event of a claim.
        In essence, they destroyed the evidence that would have easily
    proven my claim. The 9th Circuit would mistakenly hold that against ME,
    not them, and said without any contemporaneous notes the Disability
    Board could send me from one doctor to another.
        There were contemporaneous notes, I believe Groom Law destroyed
    them to clear their path for manipulation of the process.
        Now starts the process of seeing an NFL doctor to see if he agrees
    or disagrees with my claim. I am living in San Diego, they send me to
    an NFL chosen neurologist in San Diego, Dr. J Sterling Ford. Dr Ford
    not only totally agrees with my doctor's and approves my claim, this
    NFL doctor voluntarily asks me to come back a second day to test for
    vertigo, which he suspected I was suffering as a result of the
    concussions. His testing confirmed his suspicions; according to the
    NFL's own neurologist I do have vertigo caused by head injury.
        So at this point we have several of my treating physicians and the
    NFL's own doctor all agreeing, we feel that will mean automatic
    approval.
        Barry Axelrod organizes a group of his Major League Baseball
    clients and friends and other UCLA alumni to create a charity to move
    my son and I out of the cheap motel we were living in and into an
    apartment near his school. They believe, with all of this overwhelming
    evidence in my favor, it will only be a matter of weeks until the next
    Board meeting that they will need to support me. There was no way I
    could be denied my claim! These guys were not doing this for publicity,
    quite the opposite. The individual identities of this group from 2000-
    2002 was not known to me, other than Barry Axelrod, until last
    February's ESPN report.
        The group included the great baseball players Mark Grace, Rick
    Sutcliffe, Jeff Bagwell; actor Mark Harmon, NBA legend Bill Walton and
    his ex-NFL player brother Bruce, and many others. Without the help of
    these guys, I would not have survived to be here today. Along with
    Pastor Don Seltzer and the folks at North Coast Presbyterian Church in
    Encinitas, CA. They cared about my son and me . . . while at the exact
    same time the NFL didn't give a damn if we died, in fact they hoped I
    would put a bullet in my head and solve their problem, and were busy
    scheming a way to deny my benefits.
        The NFL decided not to listen to their own first doctor, because
    his opinion was in favor of a player, so the NFL selects a second
    doctor of their own choosing, this time a psychiatrist in Long Beach,
    CA. His name is very long, Dr. Branko Radisavljevic, but he says to
    call him Dr. Branko.
        Dr. Branko enthusiastically supports my claim, and joins every
    other doctor to this point. Every doctor had the same opinion, it was
    all one voice that included my own doctors and now TWO NFL doctors.
    Unfortunately for Condon and Ells, all these reports were FAVORABLE to
    a disabled player . . . that's no good. . . .
        The Board meets every 90 days, we know there is no way they can
    delay approving my claim any longer . . . but instead my case is
    ``tabled'' at their next meeting, meaning 90 more days of stress. Only
    the next meeting doesn't bring approval either. That means 6 extra
    months now of relying on charity to survive.
        They DO decide at this point that I AM totally and permanently
    disabled and begin giving me the $1,500/mo ``non-football'' related
    disability, Despite the glaring fact that every doctor had said it was
    concussions that caused my suffering. But remember, they don't want to
    admit it is concussion-related, they ``don't want to open that can of
    worms''.
        So after an 8-month delay to give them time to buy a doctor, and 8
    more months of relying on charity to survive, I am forced to travel
    from San Diego to Baltimore to see Barry Gordon at Johns Hopkins. The
    reason given is they wanted me to take a sophisticated
    neuropsychological exam. I can take this test at any neuropsychologist
    in San Diego, as Social Security sent me to when they approved my
    disability claim for post-concussion . . . but they insisted I see
    Gordon and ONLY Gordon. If I refuse or hold out for another doctor, I
    am told, I am denied.
        Gordon is not on the list of pre-approved ``neutral'' physicians
    normally used by the Board, he is hand picked by Doug Ells of Groom
    Law. Gordon is also walking distance to NFL Benefits headquarters in
    Baltimore. Axelrod and I smell a rat, but we have no choice, if I don't
    go I am denied anyway, they will not agree to a doctor in Southern
    California.
        So, I arrange for care for my son, they fly me coast to coast, pay
    for taxis, meals, hotels, even replaced clothes when my luggage was
    lost.
        They went to ALL that expense, but they didn't go to the most
    important expense, HIRING A NEUROPYSCHOLOGIST to give me the test. This
    test takes years to understand the nuances and complexities, and,
    especially in cases with legal ramifications, should only be given by
    someone with a Ph.D., . . . a neuropsychologist!
        I thought Gordon was going to be giving me the test himself, that's
    why all the bother to fly across country. But I wind up seeing him for
    only about 30 minutes. He bangs my knee with a hammer, tickles the
    bottom of my feet, and conducts tests I now am told by neurologists
    were just for show and his tests only tested the NERVE ENDINGS, not the
    brain.
        Barry Gordon writes in his report that ``the records available to
    me are incomplete in ways that may be relevant for my impressions.'' He
    also admits he didn't bother to look at the existing brain scans and
    ordered none of his own. This is like diagnosing a broken leg without
    seeing an x-ray--he was deciding my fate by opining on a body part he
    never bothered to look at!
        Instead of hiring a neuropsychologist to give me this
    neuropsychological test they deem SO important to deciding my case,
    this neuropsychological test was instead given to me unsupervised by a
    young grad student in LINGUISTICS, with no medical background. Her name
    is Lara Atella.
        Lara Atella keeps apologizing and laughing, she keeps telling me
    she had never seen this test until the day before, and she took it home
    to practice on her boyfriend. I spend 99 percent of my time in Johns
    Hopkins with Lara, and am sent home wondering why I didn't see much of
    Dr. Gordon.
        Atella's test result was paired with Gordon's ridiculous report
    stating that my symptoms of headaches, depression, dizziness, and
    fatigue COULD NOT BE CAUSED BY CONCUSSIONS!
        Let me repeat in case you didn't grasp that--concussions COULD NOT
    cause headaches!
        Does anyone REALLY believe that?
        This process has been stretched out years when all the doctor's
    reports were in my favor.
        Armed with a report unfavorable to a player, Within DAYS I am
    immediately denied my claim by a unanimous vote. Upshaw and his
    appointees, Tom Condon and Jeff Van Note, and Len Teeuws, my advocates
    in those Board meetings, never said a word of protest . . . at this
    point they should have been screaming bloody murder, crying out this is
    a bunch of bull, and insisting this fraud stops right there. You know,
    advocating! Doing their appointed duty!
        None of this could have been possible without the FULL knowledge,
    cooperation, and participation from all sides on the Board. Commisioner
    Taglibue, Upshaw, the NFLPA, and especially Tom Condon and Jeff Van
    Note. And it was all masterfully orchestrated by Doug Ell of Groom Law
    Group, located at 1701 Pennsylvania Ave across the street from the
    White House.
        What's worse, as my only advocates allowed in Board meetings,
    Condon and Upshaw and Upshaw's other appointees never once, including
    to this day, returned my phone calls, letters or e-mails. Or made any
    effort to understand my case. They simply followed orders from Doug Ell
    and Groom Law.
        They will tell you they found the first two NFL doctor's reports
    ``equivocal.'' I have spoken with those two NFL doctors since, and they
    are furious I was denied and furious they were characterized as
    equivocal. I hope you can subpoena them. These doctors will tell you NO
    ONE, not even my advocates, had ever called for clarification. The NFL
    couldn't risk clarifying, they didn't want the truth. It was easier to
    wait 8 months and fly me cross country than to pick up a phone?
        As they teach in law school, don't ask a question if you don't want
    the answer.
        If you read Dr. Gordon's report, you will find a gold mine of
    equivocalization. The fine tooth comb used by Groom Law to play
    semantics with doctors who approved my claim is suddenly missing when a
    report supports denial.
        Not only that, but the first two doctors filled out the required
    NFL questionnaire. This is where they avoid confusion and are asked to
    check boxes simply yes or no. Both Ford and Branko checked ``yes'' to
    the questions ``am I disabled from an injury'' and ``was this injury a
    result of playing football'' Both checked Yes. Period. Case closed.
        Despite many demands on record from NFL Benefits Office to Gordon
    to attach his questionnaire to his invoice or he wouldn't get paid, he
    never filled that form out. And he was paid. That leaves HIS report
    incomplete. Gordon never answers the question ``is my disability
    ``football-related''!!!
        Gordon's report gives possible alternative reasons for my symptoms,
    which included chronic pain and other football-related causes, so maybe
    he still could have checked the box ``yes'' when asked if my disability
    was football related . . . all he said was it was impossible to link
    headaches with concussions. We still don't know Gordon's answer to that
    question!
        Wait, you think this is bad enough already? Here's where it gets
    even better. . . .
        The most important and most damning proof of fraud and doctor
    shopping comes from Dr. Gordon himself. After my 9th Circuit case, I
    found this 1990 medical journal, containing an article by our same
    Barry Gordon. It's titled ``postconcussional syndrome''. You only need
    read the first paragraph to see he is adamant that my symptoms,
    headache, depression, dizziness, and fatigue are THE MOST COMMON
    SYMPTOMS of post concussion. He even makes it easier for the reader, he
    creates a chart, table 1, titled ``most common symptoms of post
    concussion'' . . . right there in that list are ALL of my symptoms, the
    same symptoms, that when paid by the NFL he wrote were impossible to
    link to concussions.
        His article also says he orders a brain scan ``in essentially all
    patients''. He didn't go to that bother with me.
        If that's not proof of fraud and corruption, than we need to remove
    the words fraud and corruption from our vocabulary.
        The only reason they aren't in jail is that there are some holes in
    Federal Laws that you in Congress need to fix to help EVERY American
    worker, mainly the ``full discretion'' allowed to the Board, and you
    need to return the ``treating physician rule'' removed from law by
    Groom Law Group's secret intervention in Supreme Court ``Nord v. Black
    &Decker'' (my attorney was on the losing end of that decision).
        The NFLPA fiercely tries to claim no responsibility in our claim
    denials. Here is a quote from Feb. 11, 2007 ESPN article on my case by
    John Barr and Arty Berko, that accompanied their story on me on ESPN
    TV's ``Outside the Lines,'' catching Gene Upshaw in flat out lies:

            ``While nobody from the NFLPA would speak with ESPN about
            Boyd's case, NFLPA Executive Director Gene Upshaw did address
            Boyd's allegations at a recent news conference.
            ``To say that the NFLPA is `doctor shopping,' we don't have
            anything to do with it, with the process,'' Upshaw said.

        The facts say otherwise. The retirement board, the ultimate
    authority on disability cases, is made up of three league and three
    union representatives. To say the union has nothing to do with the
    process is simply untrue.
        Upshaw went on to say, ``If a doctor determines that a player is
    entitled to a disability and he meets the standards he gets it.'' But
    in Boyd's case, two doctors, chosen by the retirement board, determined
    his disability was football-related and his claim was still rejected.
        The NFLPA is quoted recently as saying they were only doing what
    ERISA demands them to do. In other words, ``The devil made them do
    it!'' Nonsense. ERISA demands that they look EQUALLY as hard for
    evidence to APPROVE a claim as they look for evidence to DENY a claim.
    That clearly is not happening in the NFL.
        The real ``devil that made them do it'' is in reality Doug Ell and
    Groom Law, with their scorch and burn, leave no witnesses, win at all
    cost strategies.
        This NFL Disability Board has blinders on and only seeks reasons to
    DENY.
        Courts are hogtied by the ``full discretion'' wording, and the
    absence of discovery and depositions in ERISA cases. Only you in
    Congress, with your oversight of the NFL, and your gifting of anti-
    trust exemptions, and your power of subpoena under oath, can fix this
    scam.
        ERISA gives the Board ``full discretion'', which is the opposite of
    what they are claiming now in public. Instead of LIMITING their
    options, ``full discretion'' gives the Board the widest possible range
    of options possible. The only restrictions on their ``discretion'' are
    what their stomachs and conscience had handle.
        ERISA does not ``force'' the Board to ignore evidence supporting
    players' claims, nor to draw up elaborate doctor shopping schemes to
    defeat them, as Dave Duerson recently hinted. (Duerson is the newest
    robot member of the Board)
        Congress gives the Board ``full discretion'' through ERISA, which
    gives the Board absolute power. AND WE ALL KNOW THAT ABSOLUTE POWER
    CORRUPTS!. Please eliminate the ``full discretion'' wording in ERISA.
        A 1994 OSHA study said life expectancy for NFL players is 55 years,
    52 for linemen . . . that is why Condon and the Board's tactics are to
    ``delay, deny, and hope we die. . . .''
        I beg this Committee to hold further hearings, subpoena Tom Condon,
    Gene Upshaw, Doug Ell, Paul Tagliubue, and Barry Gordon. Clean house in
    the NFL Disability Board, punish Groom Law and Tom Condon and Gene
    Upshaw for their conflicts of interests and selfish greedy actions.
        And most of all, someone FINALLY hold the NFL/NFLPA accountable for
    all the needless suffering that their blatant doctor shopping and
    fraudulent claims denials have caused countless NFL retired players.
        I also welcome questions regarding ``88 Plan''.
        I have e-mailed several attachments to my testimony and ask that
    they all be officially included in the record.
                Thank You,
                                                     Brent Boyd
                                  Attachment 2
                               ``The Boyd Plan''
        Brief Outline:
        1. Fire Groom Law--there can and will be no trust until Groom is
    replaced. Groom Law is a symbol of years of too many unfair decisions,
    questionable tactics, doctor shopping, needless suffering, needless
    homelessness, needless deaths, needless suicides--Groom Law must go
    before any healing begins!
        2. Eliminate the ``full discretion'' wording or implication in our
    plan; investigate etiology of ``full dicretion'' into our plan; full
    discretion equals absolute power; absolute power corrupts--and
    predictably we have seen that abuse as the outcome of allowing full
    discretion to NFL disability board. We need checks and balances.
        3. Define the plan's definition of ``disability'' in terms set in
    stone and easily understood by all, in definitive terms that will be
    easily interpreted the same way by players, the board and every court--
    not open to Groom's manipulation (full discretion--and Groom--will be
    gone so that will help) and remake this new definition of disability so
    that it is not so overwhelmingly prohibitive to approval of claim--
    don't continue with Groom's ever changing and impossible to meet
    definition.
        Current unwritten but strictly adhered to definitions of disability
    include the infamous ``can he sell pencils on the street corner'' quote
    or ``wash windshields'' criteria, which are obscene and must be
    eliminated along with all those who support these draconian standards.
    The men who built this multi-billion dollar league deserve dignity if
    not wealth.
        And eliminate the ``15 years after playing'' limit for full
    benefits, most disabilities don't degenerate into full disabilities
    until long after that period. It is when guys enter their 50s and
    beyond that these disabilities become debilitating and they can't live
    on the lesser benefit amount . . . and remember, OSHA says NFL linemen
    life expectancy is 52 years.
        4. Ensure transparency--shine the light! Print the minutes of board
    meetings, record all debates, report each vote--allow Congressional
    representatives to sit in on any meeting at will. The NFL disability
    board shall no longer act as a secret medieval organization.
        5. Treating physician rule--give more weight to our own doctors who
    treat us regularly for years than is given to opposing doctors who see
    us for 30 minutes. Reimburse the plan for all fees paid to Groom Law
    when they covertly helped remove treating physician rule from ERISA--by
    joining non-football related court cases (e.g., Nord v. Black & Decker
    in Supreme Court) those fees paid to Groom were taken out of our own
    pension funds--using our own money to take our own rights away, all
    without our knowledge!
        6. If NFL's own chosen physicians agree with a player's claim, so
    should the disability board.
        Doctor shopping carries ``death penalty''--similar to NCAA football
    programs in violation of certain rules--or gambling in NFL----
         If NFL's own chosen doctor agrees with player's claims, no more
    ignoring that doctor and sending players to endless doctors until
    finally one supports denial. If board claims a doctor to be
    ``equivocal,'' simply pick up phone and clarify instead of delaying for
    months and doctor shopping.
         Any knowledge of or connection with doctor-shopping or
    fraudulently denying a player his rightful benefits will result in no
    further association with NFL in any capacity, ever--this must be
    considered a sacred intolerable offense!
        7. Let retired players select our own 3 advocates to the board, not
    selected by NFLPA executive director. Replace all existing board
    members. Active players' agents and actual or de facto employees of NFL
    are not acceptable as players reps board members, they have blatant
    conflict of interest.
        Destroy the longstanding mentality of board that defines
    ``fiduciary duties'' to mean only to protect the ``pot of money''.
    Players rights and disabled players receiving their rightful benefits
    have equal or greater weight to the fiduciaries as does the ``pot of
    money''.
        The board must look equally as hard for reasons to approve a claim
    as they look for reason to deny a claim. ``Fiduciary duties'' do not
    mean solely to automatically reject a player's claim and save the
    plan's money. Give players' rights equal attention, equal rights, and
    even more protection than the ``pot of money.''
        8. Allow players and/or representative to attend board meetings--
    that's not currently allowed (at least not at time of my claim)--
    especially allow them to attend the final appeals meeting.
        Stop holding board meetings at 5-star resorts, meet at more
    practical locations so players can afford to attend; also it will stop
    wasting our precious plan money! (Aren't they claiming we are short on
    cash?)
        9. Add 3 medical professionals to board, not just to explain
    complex medical issues to the otherwise all-laymen board--but give
    these doctors votes! This will eliminate the 3 to 3 votes that lead to
    doctor shopping. Pay these doctors out of a blind trust favoring
    neither side, rotate these doctors often to prevent the buying of
    doctors by the league that has been suspected in the past.
        The doctors on the board shall have no information as to the
    financial health of the pension fund, and shall leave the room when any
    issues other than medical are discussed.
        10. Write the rules. Once and for all. This sounds simple but has
    not happened successfully. Currently Groom Law unilaterally makes up or
    changes rules on the fly to suit their needs, at the expense of
    players' rights. Right now rules and regulations are a moving target.
        11. No more lengthy, strategic, and painful delays. Keep the claims
    process and voting a fluid process.
        Hold meetings monthly instead of every 90 days--more often using
    modern technology. Send player to a doctor immediately after he files a
    claim. Send all doctor's reports immediately to player/attorney to
    allow speedy response. Use today's technology to keep the process
    moving.
        12. The current system of two ``gatekeepers'' was not in place at
    time of my claim, but like most elements of Groom Law's changes to our
    plan, all without valid plan purposes, this one doesn't pass the
    ``smell test'' either. A one to one tie means denial? This is obviously
    Doug Ell's ideal vision of a plan, the player has no chance from the
    get-go.
        13. This one is for Congress only--remove ``full discretion'' and
    ``deference'' from not only the NFL plan but from ERISA; sit in on NFL
    disability board meetings at your pleasure;
        Set goals and expectations for the disability board to meet
    annually in order to keep anti-trust and other Congressional gifts,
    without which they could not exist.
        Do not allow certain disabilities--especially concussions!--to be
    constantly denied as disability claims. Congress must step in to
    permanently protect the brain damaged players.
         For the sake of all American workers everywhere, rework ERISA!
    ERISA is a mess. ERISA is a disaster for American workers, a gold mine
    for attorneys.
        Keep Congressional oversight and pressure on the NFL disability
    board . . . players desperately depend on your protection!

        Senator Dorgan. Mr. Boyd, thank you very much. Let me thank
    all the members of this panel.
        We have two panels today, with ten witnesses. I want to
    have the next panel begin testifying at a quarter after 11.
    That's 10 minutes from now. And I'm sorry we don't have
    unlimited time, but we will begin a series of votes on the
    floor of the Senate at 12:15. So, we're--let me make a couple
    of comments.
        First of all, the panel that we have heard from first is a
    panel that has very strong feelings about this issue. I think
    it--you contribute to a body of knowledge here, and
    information, that describes a problem. You know, I mean--and
    we're going to have a second panel in which some of that will
    be reacted to, some of it will be described again.
        But I've written a list of questions. I--what I'm going to
    want to do is submit some questions to you in writing, if
    you're willing to respond to them.
        You raise a lot of important things. You know, Mr.
    Johnston, just very quickly, the concussion issues--seems to me
    that's probably a very significant issue in this sport,
    probably not very well described, or not very well discussed in
    the early years of the sport. Do you think it's been addressed
    now for current players? It is obviously safer, they have more
    procedures. Is it addressed sufficiently for current players?
        Mr. Johnston. More so now than it was in the past. There
    are improvements in equipment. There are a lot of different
    things that have contributed to that. But the protocol for
    getting a player back onto the field, he has to pass a series
    of tests. They are forced sometimes, with the severity of the
    concussion, to sit out the game the following week. So, they
    are making some strides there. But, back in the day, back when
    Mr. Boyd played, it was a badge of honor to go out on the
    field. We joked with each other, ``The light's on, but nobody's
    home.'' ``The elevator doesn't go to the top.'' So, we wore
    that as a badge of honor back at that time. It's changed, but
    it's an issue that is going to affect the players from the
    previous generation, absolutely.
        Senator Dorgan. One of the overlying questions here is that
    Commissioner Goodell represents the owners and Mr. Upshaw
    represents current players for the Players Association. The
    question is--and I will ask others about this in the next
    panel, as well--the implication, I guess, is that the retired
    players don't have an advocate, or are not represented. And I
    think Mr. Upshaw will say, ``Well, we have bargained and made
    some substantial changes to try to improve things.'' But we
    will ask some questions about that.
        I've been joined by several colleagues. I'd like very much
    to call the second panel up at 11:15. We, unfortunately, don't
    have unlimited time this morning, because of the votes that
    will occur in the Senate.
        Senator Klobuchar?

                   STATEMENT OF HON. AMY KLOBUCHAR,
                      U.S. SENATOR FROM MINNESOTA

        Senator Klobuchar. Thank you, Mr. Chairman. Thank you for
    putting this together.
        I wanted to welcome Mr. Boyd, who's a former Viking. And
    Mr. Boyd knows well that my father used to cover the Vikings
    and wrote several books including ``True Hearts and Purple
    Heads,'' and ``Will the Vikings Ever Win the Super Bowl?'' and
    ``Will America Accept Love at Halftime,'' my favorite one.
        [Laughter.]
        Senator Klobuchar. But I just wanted to thank you for
    sharing your difficult story today. And I think that all active
    players will one day be former players, and the average career,
    of an NFL player is short, and I would hope that active players
    have a strong interest in the fair treatment of retired
    players. I appreciated you coming, Mr. Boyd, and sharing your
    story with me, as well as the other players. I'm sure that
    everyone can agree that the NFL and the NFL Players Association
    would do best if they came to an agreement in a fair and an
    appropriate way about how former players should be treated.
        I have one quick question, Mr. Chairman, and that is--of
    some of the retired players--what were your understandings
    about your retirement when you were an active player? Did
    anyone ever explain to you how your retirement plan worked?
    What advice would you give now to active players about their
    consideration of their benefits as they go forward?
        Mr. Boyd. Real quickly--and they can answer, too--but we
    understood that it would be physical, orthopaedic risk. And,
    you know, I have all that--replaced knee and replaced hip's
    coming next, and--but they never explained to us was that
    concussions would have the--would--a mild concussion would--
    could destroy your life. We thought that we'd have a safety
    net. NFL players take incredible risks with their health and
    their life, and we thought at least there would be a safety
    net. But, incredibly, they're paying millions of dollars--the
    process is there, the money is there--they're paying millions
    of dollars to get great attorneys to make sure we don't get
    those benefits.
        Mr. Duerson. If I understood the question in regards to
    what the players knew, in terms of benefits and that
    information, that education process is quite thorough, and the
    players have a full understanding in regards to the choices
    they make. And, even for those players who--some years ago, who
    played--perhaps in the 1960s and 1970s, who took the early
    retirement benefits, signed documents that they, in fact, yes,
    understood the penalties associated with taking early
    retirement, and the ramifications of that. So, from the
    standpoint of player reps on each team, those meetings, and--as
    well as seminars that take place--were taking place, certainly,
    in the 1980s when I played, and they're most certainly taking
    place now--that education process is quite thorough. But, for
    individual players, they have to make those decisions
    themselves.
        And also, in regards to the issue of Alzheimer's, my
    father's 84, and, as I had mentioned earlier, Senator, spent 30
    years with General Motors. He also has--he has Alzheimer's and
    brain damage, but never played a professional sport. So, the
    challenge, you know, in terms of where the damage comes from,
    is a fair question, and one that--you know, that has been
    addressed, and that--and is one that we, in fact, ask.
        But I would just say, to Mr. Boyd, that I've never received
    a phone call from him.
        Mr. Boyd. Well, he is new, he wasn't----
        Senator Klobuchar. All right.
        Mr. Boyd.--there during my process.
        Mr. Duerson. Well, but various names were mentioned, and
    so--and then I was a trustee at that time, as well, and I can
    tell you that, for any player who's ever given me a call,
    I've----
        Mr. Boyd. They don't--ask my wife--there are plenty of
    people--we've got a stack of letters--who had called.
        Mr. Johnston. Mr. Duerson's statement that his father has
    Alzheimer's and he worked for GM at a plant, and that
    automatically excludes NFL----
        Mr. Duerson. No, I didn't say----
        Mr. Johnston. Well, that's the reasoning, that's the--
    that's the line you're trying to connect.
        Mr. Duerson. No, I'm not, Moose, I----
        Mr. Johnston. And--well, but if--just let me finish. Let me
    finish.
        Senator Dorgan. Can we let Mr. Johnston speak, here,
    please?
        Mr. Duerson. Well--but he's putting words in my mouth.
        Mr. Johnston. Well, I'm not--but that's----
        Senator Dorgan. One at a time, please.
        Mr. Johnston.--the process--that's how we understand the
    process to be, that they're looking for ways to deny claims. We
    don't know if it's a 100 percent certainty that playing in
    the--the National Football League will cause you to have early
    onset Alzheimer's or dementia. We don't know that 100 percent.
    But there is definite information that leads us that way. And,
    you know, trying to--trying to prevent one or two or three
    people going through this system and receiving benefits, and
    tightening the purse strings down is turning your back and
    denying benefits to the other 98 percent, 99 percent of the
    people who rightfully qualify. That's the impression that we
    get, as players, is there is so much concern about opening
    Pandora's Box and these funds being depleted, that you're
    turning your back on everybody that rightfully deserves this
    disability payment.
        Senator Dorgan. Let me just say, we will not serve the
    interests of the inquiry of this hearing if we don't get the
    second panel up, because we've spent nearly an hour on this
    panel.
        I'll call on Senator McCaskill and then Senator Kerry, and
    then I want to call the second panel up.
        Senator McCaskill?

                  STATEMENT OF HON. CLAIRE McCASKILL,
                       U.S. SENATOR FROM MISSOURI

        Senator McCaskill. Thank you, Mr. Chairman--I heard you
    call Conrad Dobler's name, and I guess he's not here?
        Senator Dorgan. He's here.
        Senator McCaskill. Oh, hi, Conrad. I used to represent
    Conrad on some matters as a lawyer in Kansas City. And I
    certainly was a big fan of your dad's, Mr. Webster, as a Chiefs
    season ticketholder for a number of years.
        I really am going to please you, Mr. Chairman, because my
    questions really are probably more appropriate for the second
    panel, because what I want to talk about is financial
    transparency. I want to talk about the fact that the disability
    fund and pension fund has a billion dollars in assets, and the
    fact that the retired players don't have a good sense of
    exactly how that's earning money, exactly how it's being paid
    out, whether or not it is financially viable, in terms of being
    more generous, in terms of disability determinations and taking
    care of the players that have taken care of fans for as long as
    the game has been in existence. And so, I will withhold my
    questions, and hopefully I'll be here by the time it's time to
    do that. If not, I'll make sure they get answered for the
    record.
        But thank you all for being here. And we will do our best
    to see if we can't alleviate some of the pain and suffering
    that is ongoing with retired NFL players.
        Mr. Boyd. Thank you.
        Senator Dorgan. Senator McCaskill, thank you very much.
        Senator Kerry?

                   STATEMENT OF HON. JOHN F. KERRY,
                    U.S. SENATOR FROM MASSACHUSETTS

        Senator Kerry. Mr. Chairman, thank you. I apologize for
    being late.
        Just very quickly, because we do want to hear from the
    second panel--obviously, America loves this game. It's
    important to our national fabric. And it's a great game, and
    people respect those of you who played it, and particularly
    those retired players who have built what we have today, this
    extraordinary franchise, something like 67,000 spectators per
    game across the country. It's the highest-watched domestic
    sport--professional sport in the Nation. The revenues are
    extraordinary, $6 billion annually. And you have this fund of
    $1.1 billion. And I think most Americans would look at this
    today and say, ``Wow, what is the Congress doing getting into
    this, and why do they have to, and what's going on in this
    relationship?''
        It seems to me that a league as wealthy and as successful
    as the National Football League, built on the contribution of a
    bunch of gifted athletes, who, two-thirds of them have suffered
    an injury that required either surgery or an eight-game
    absence, 50 percent of whom retire because of an injury, 60
    percent of whom had had a concussion, a quarter of whom have
    had multiple concussions--it seems to me the League itself is
    dropping the ball here, no pun intended, in terms of, just, its
    relationship with these people.
        What do you do in the face of that kind of wealth, that
    kind of money being made by people who never touch the field
    except to walk on it, congratulate the guys who played, and
    people are struggling with the aftereffects in the way that
    they are? There isn't any physician in the country, or any
    person who's a weekend athlete, who doesn't understand what
    happens to the body as it gets older and what happens to you as
    a consequence of early injuries of any kind.
        So, my hope is, the League will get its act together here.
    That's really what's needed. Better communication, a
    standardized sort of understanding of the process. And,
    frankly, a presumption in favor of those who went out on the
    field and put themselves at risk in the way that they do on a
    weekly basis.
        So, I hope we don't have to do something. And, Mr.
    Chairman, I'm sure you are--I am prepared, if the League
    doesn't do that, to introduce--which I would hope we wouldn't
    ever have to do--legislation to create some kind of appropriate
    accountability and oversight. I hope that it never comes to
    that.
        Senator Dorgan. Senator Kerry, thank you very much.
        Senator Thune, we have just finished with the first panel
    and are about to call up the second panel. Would you want to be
    recognized now, or would you like to wait til the----

                     STATEMENT OF HON. JOHN THUNE,
                     U.S. SENATOR FROM SOUTH DAKOTA

        Senator Thune. Mr. Chairman, I'd be happy--I've got an
    opening statement I'll include for the record. I want to thank
    you for holding the hearing, and appreciate those who have come
    today to share their stories and testify.
        [The prepared statement of Senator Thune follows:]

     Prepared Statement of Hon. John Thune, U.S. Senator from South Dakota
        I would like to thank Senator Dorgan for convening this hearing. I
    would also like to thank our witnesses for taking time out of their
    schedules to testify before our committee today.
        I grew up watching the Green Bay Packers and it pains me to think,
    as it does many Americans, that some of our former football heroes are
    struggling to make ends meet. Some of the stories we have heard today
    at the hearing as well as those recently highlighted in news and
    magazine articles are heart-wrenching. It is counter-intuitive to think
    of strong, well-paid NFL players, leaving the game, and falling into
    lives of pain, disability, and even poverty.
        I hope today's hearing helps shine the light on these issues and
    helps bring players, management and former players together to find a
    solution. If we step back and compare the pension and disability plans
    for NFL players to the plans most Americans have access to, the NFL
    players are well ahead of the curve. Therefore I hope the opposing
    sides can work this out on their own.

        Senator Dorgan. Thank you very much.
        Let me just say, as we release this panel, we will be
    submitting some questions to you.
        Mr. Bain, Mr. Boyd, for example, your testimony--I
    understand the passion and the emotion. This is not a debate
    about some idea, this is about your lives. And so, I understand
    that, and I very much appreciate your willingness--and, Mr.
    Webster--your willingness to come--Mr. Duerson, thank you for
    being here, and Mr. Johnston, as well--to come and be a part of
    this discussion. It's a very important discussion. And so, we
    will be submitting some questions to you. But many of you have
    come great distance to present testimony, and we are very
    grateful for that. Thank you very, very much.
        Mr. Boyd. Ms. McCaskill, if I can add one stat that'll be
    important before you get to the second--and it's only 5
    seconds. 1994 OSHA study, life expectancy for NFL players, for
    total players, is 55 years; for the big linemen like us, is 52
    years. And that's--thus, our slogan is, what they're doing
    ``Delay, deny, hope we die.'' They have incentive to drag their
    feet and hope that nature takes its course and solves this
    problem.
        And the second point is, they say, ``Well, you--if you work
    for IBM, you know, when you're 50, they don't take care of you.
    But if you walk in the room, a 50-, 60-year-old IBM veterans,
    you know, most of them aren't crippled, and half of them
    aren't--don't have dementia. So, I just wanted to let you know
    there was a--that OSHA study is very important for you to know.
        Senator Dorgan. Let me thank this panel. We will excuse the
    panel and ask for the second panel to please come forward.
    Thank you very much for your testimony and your appearance.
        The second panel will include Mr. Gene Upshaw, the
    Executive Director of the National Football League Players
    Association; Mr. Roger Goodell, the Commissioner of the
    National Football League; Mr. Mike Ditka, Member of the
    National Football League Hall of Fame, former NFL Player and
    Coach; Mr. Gale Sayers, the--Member of the NFL Hall of Fame,
    former NFL Player for the Chicago Bears.
        We would ask that those witnesses come forward and take
    their place at the witness table.
        [Pause.]
        Senator Dorgan. Let me thank the second panel for coming.
    And I apologize that you have had to wait, but I think it is
    probably valuable to have heard the first panel. I know many of
    you have traveled long distances to be here, as well, and we
    appreciate that.
        We will hear first from Mr. Gene Upshaw, Executive Director
    of the National Football League Players Association.
        Mr. Upshaw, you may proceed.

             STATEMENT OF GENE UPSHAW, EXECUTIVE DIRECTOR,

              NATIONAL FOOTBALL LEAGUE PLAYERS ASSOCIATION

        Mr. Upshaw. I'm just waiting for a chart that has to get
    up, but I'll start anyway.
        Senator Dorgan. All right.
        Mr. Upshaw. I first want to thank the Chairman and the
    panel for inviting us here and--to be part of this.
        Before I get started, I'd like to introduce a few players
    that came along to hear the testimony: Troy Vincent, who is the
    President of the NFL Players Association, Eddie Mason, Ryan
    Kuehl, Brian Mitchell, and Brig Owens. They're all here because
    they are very interested in this issue, as all active and
    retired players are.
        I would first like to say that I am Gene Upshaw. I am the
    Executive Director of the NFL Players Association. And I appear
    before this committee at your invitation to discuss benefits
    provided for NFL players in the National Football League.
        Prior to becoming Executive Director, I played 16 years in
    the National Football League, and I understand the rewards and
    the risks of playing this game. I'm also distressed when I hear
    about former players who are hurting and are in need. Remember,
    I played with a lot of these guys, I know a lot of these guys,
    and I played against a lot of these guys. So, I've spent my
    entire professional life fighting for the rights of players,
    both active and retired.
        I also recognize that these are emotional issues, that we
    play an emotional game, and this game brings out some emotions
    that it takes to play it, and it just follows you the rest of
    your life.
        I'll ask permission from the Chairman to submit our White
    Paper as part of the record, also my written testimony and my
    summary as part of the record.
        Senator Dorgan. Without objection.
        Mr. Upshaw. Thank you.
        Our benefits in the National Football League were forged in
    collective bargaining. In 1993, as part of my first collective
    bargaining agreement as Executive Director, we dramatically
    improved both pension and disability for all players. I just
    want to make three simple points in my presentation.
        First, the NFLPA is proud of the job that we have done for
    NFL players, both active and retired. Players are well
    compensated and enjoy an outstanding benefit package. Unlike
    many businesses, where benefits have been reduced, benefits for
    NFL players have been maintained and repeatedly improved. We
    represent the best practices of labor relations.
        Second, we're not finished. I think the active players
    respect and empathize with the emotions and concerns expressed
    by retired players. That is why we established, in 1984, a
    Retired Players Division at the NFL Players Association's
    office. And, in 1990, we established a Players Assistance
    Trust, which is funded by the active players to help former
    players in need. In the past 18 months, this fund has
    distributed over $1.5 million to former players in need and in
    financial--that need financial assistance.
        When I became Executive Director, in 1983, about 30 percent
    of the NFL revenues went to the players. That has now doubled
    to 60 percent and--of all of the revenues. Our union had to go
    through some dark times to achieve this. We had to renounce our
    status as a union, we had to decertify, and we had to bring a
    legal challenge that ultimately led to our present success. I
    don't think any union has ever done that. And many thought we
    were crazy, but we made it work. We shifted the battle from the
    picket line to the courtroom and forged a partnership with the
    owners we are proud of today. With labor peace, the game has
    grown and has benefited both the players, the owners, and the
    fans. This success has allowed us to win against prevailing
    trends of reducing workers' benefits.
        I have some charts that I brought me to, sort of,
    illustrate the point that we have.
        Chart 1, that's to my right and your left, shows that, in
    1993, we reached back, for the first time, to include all
    players that had no pension, the pre-59ers, and brought them
    into the pension plan in 1993. This mean that we brought in an
    additional 900 players and their beneficiaries.
        Each succeeding extension--1998, 2002, and 2006--we have
    improved the pension benefit credits for all former players,
    and they've been increased.
        Let's turn to disability. I want to begin by emphasizing
    that the Players Association--the members, the staff, and me
    personally--are sensitive to the medical, financial, and
    emotional needs of professional players, both active and
    retired. We are distressed when we hear about a player in need,
    and we're committed to responding to the needs of all players.
    But we reject the charges that the present disability system
    treats veteran players harshly and denies them access to the
    benefits. The factual record disproves those charges. Of course
    the system can be improved. And Commissioner Goodell and I are
    determined to simplify, expedite the process of these claims.
        Chart 2, it summarized the disability decisions from 1993,
    when the present categories were put in place and established.
    We've had 1,052 applicants. We have 48 cases that are pending.
    We've approved 428 cases, and we have 776--576 that were
    denied.
        Of the cases that are denied, there are several reasons why
    they were denied. Some were already drawing pension, some
    didn't have enough vested years. Just recently, we just added a
    new disability, that's been mentioned earlier--in earlier
    testimony, Plan 88. Plan 88 was established in honor of John
    Mackey, the great tight end Hall of Famer who wore number 88
    and is suffering from this terrible, terrible disease. It was
    negotiated between Paul Tagliabue and myself in the 2006 CBA
    extension. This benefit was extremely important to all of us
    connected to the National Football League. John was the first
    president of the combined union in 1970, and we all have tried
    to remain as close to John as we possibly can as he deal with
    this terrible, terrible disease.
        Chart 3 shows in--as of February, when we instituted this
    plan, that 130 applications were mailed out to players. We
    received 79 back, and, of that 79, 60 have been approved, 4
    have been denied, and 15 are pending.
        Commissioner Goodell and I do not decide disability claims.
    You've heard a lot about the Disability Board that sits, and
    the Retirement Board that sits, on behalf of the NFL players
    and the NFL owners. These claims must first go through a two-
    person Disability Committee, then it must--if a player is not
    happy, he can--if a player is not happy and there is a
    deadlock, he can then appeal it to the full board, where there
    are three members, three player--former players--Tom Condon,
    who is a President of the NFLPA--former president; Jeff Van
    Note, another former President of the NFLPA, played 18 years
    for the Falcons; and Dave Duerson, who testified earlier. The
    NFL appoints team owners, and have appointed team owners--Bill
    Bidwell, of Arizona, Clark Hunt, of Kansas City, and Dick Cass,
    who is the President of the Baltimore Ravens.
        If a player is dissatisfied with this board, they have a
    right, which you have heard from Brent Boyd, to appeal to the
    Federal courts. And we have had several appeals to the Federal
    courts.
        Most recently, the NFL and the NFLPA formed an alliance,
    bringing together over $7 million, initially, to fund joint
    replacements and to address financial needs and hardships of
    retired players. The joint replacement surgery will be
    available at no cost to players, without insurance, and
    designated--at designated hospitals across the country. All of
    these benefits are paid for by the active players.
        Chart 4 shows that the current players give up--what the
    current players give up to fund these benefits. Our CBA
    allocates a fixed percentage for salaries and benefits. This
    past year, the active players voluntarily gave up $147.5
    million to fund the benefits for the retired players. That's
    $95 million--I mean $96.5 million to fund pensions, 20 million
    to fund disability benefits, 31 million to fund medical
    benefits, just for the former players. And these numbers are
    growing. We've had 124- percent increase from 2005 to 2006 in
    just pension increase alone.
        The process has cost active players $82,000 per player to
    fund these benefits, which brings me to my third point. I have
    three suggestions for Congressional consideration to help us in
    this.
        First, we need standards for workers' compensation. The
    current state-by-state system causes the vast majority of hurt
    workers, not just NFL players, to settle for a lump-sum payment
    and give up their rights to lifetime medical for their injuries
    on the job. Congress could impose Federal standards to allow
    workers to get immediate medical care, but still maintain
    lifetime coverage.
        Second, the Federal law does not allow a union to manage
    the plans alone. It's negotiated with an--employees, and they
    give a fixed amount. And, since we are getting blamed for not
    granting disabilities, we believe that we should have the only
    voice when it comes to granting of disabilities. We're not
    saying that the six trustees have done anything wrong, or
    have--or we're not criticizing the trustees for the job that
    they've done.
        And, third, the Department of Labor, in 2006, imposed a
    standard, a different--a layer on disability decisions. It's an
    Initial Claims Committee. It's a--we think that Congress could
    eliminate this requirement, which is another bottleneck that
    will help speed up the process.
        Senator Dorgan. Mr. Upshaw, I'm going to have to ask you to
    summarize, please.
        Mr. Upshaw. I'm at the end.
        Senator Dorgan. All right.
        Mr. Upshaw. So, after 16 years as an NFL player, and
    another 24 as Executive Director, be assured that no one cares
    more for the players in the National Football League, both past
    and present, than I do. And I've spent an awful lot of my
    lifetime fighting those battles to protect those rights and to
    give us what we have today. But our job is not over.
        [The prepared statement of Mr. Upshaw follows:]

        Prepared Statement of Gene Upshaw, Executive Director, National
                      Football League Players Association
        Chairman Dorgan and Members of the Committee, I am Gene Upshaw,
    Executive Director of the NFL Players Association (``NFLPA''). I appear
    today at the Committee's invitation to discuss the benefits provided to
    players in the National Football League (``NFL''). Prior to becoming
    Executive Director in 1983, I played 16 years in the National Football
    League. I know the risks and rewards of the game.
        I am distressed when I hear about any former player who is hurting
    and in need. Remember I played with a lot of these guys. I have spent
    my entire professional career fighting for the rights of players. I
    also recognize these are very emotional issues but we cannot overlook
    the facts. The facts are the facts. I ask permission to submit for the
    record our detailed ``White Paper,'' which describes the retirement,
    disability, health care, and other benefits currently available to NFL
    players.
        Our benefits were forged in collective bargaining. In 1993, as part
    of my first collective bargaining agreement as Executive Director, we
    dramatically improved both pension and disability benefits for all
    players.
        I want to make three simple points.
        First, the NFLPA is proud of the job we have done for NFL Players
    both active and retired. NFL Players are well compensated and enjoy an
    outstanding benefits package. Unlike many businesses, where benefits
    have been reduced, benefits for NFL players have been maintained and
    repeatedly improved. We represent the best practices of labor
    relations.
        Second, we are not finished. I think all of the active players
    respect and empathize with the emotions and concerns expressed by
    retired players. This is why we established a Retired Players
    organization as a division of the NFLPA in 1984. And, in 1990, we
    established the Players Assistance Trust (PAT), funded by the active
    players to help former players in need. In the past 18 months, this
    fund has disbursed over $1.5 million to former players in need of
    financial assistance.
        When I became Executive Director in 1983, about 30 percent of NFL
    revenues went to the players. That has now doubled, to 60 percent of
    all revenues. Our union went through some dark times. We had to
    renounce our union status--``decertify''--to bring the legal challenge
    that ultimately led to our present success. I don't think any other
    union had ever done that; everyone said we were crazy. But we made it
    work. We shifted the battle from the picket line to the courtroom, and
    forged the partnership with the owners we are proud to have today. With
    labor peace, the game has grown enormously, and all have benefited--
    players, owners, and fans.
        This success has allowed us to win against the prevailing trend of
    reducing benefits to workers. Before we get into the hype, let's look
    at the facts. The NFLPA has fought hard to increase benefits--
    especially pensions, disability, and health care. The charts behind me,
    and our more detailed White Paper, speak the truth.
        Chart I shows in 1993, we reached back and included the ``pre-
    59ers'' for the first time in the Pension plan and reduced the vesting
    period. These changes extended coverage to over 900 former players and
    their beneficiaries. In each succeeding extension of the CBA in 1998,
    2002 and 2006, the benefit credits for pension purposes of former
    players were increased.

        Let's turn to disability. I want to begin by emphasizing that the
    Players Association, its members, staff and me personally, are
    sensitive to the medical, financial and emotional needs of professional
    football players--both retired and active. We are distressed when a
    former player is in need, and we are committed to responding to the
    needs of all players.
        But we reject charges that the present NFL Disability Benefit
    system treats veteran players harshly or denies them access to
    benefits. The factual record disproves those charges. Of course, the
    system can be improved, and Commissioner Goodell and I are determined
    to simplify and expedite the processing of claims.
        Chart II summarizes disability decisions from 1993, when the
    present disability categories were established, through June 2007.

        Of the 1,052 applicants for disability benefits since 1993, many
    were ineligible because they were not vested or were already receiving
    a pension. Since 1993, 428 players, or 42.6 percent of those who
    applied, have received disability benefits. Forty eight cases are still
    pending, and there will be more approvals. This compares to a 47
    percent approval rate for Social Security disability.
        Another recent disability benefit added by agreement between the
    NFLPA and NFL is the establishment this year of the ``88 Plan''. ``88''
    was Hall of Fame John Mackey's number and the plan is named in his
    honor. It was negotiated and agreed to between Paul Tagliabue and
    myself during our 2006 CBA extension talks. This benefit was extremely
    important to me and our union because of how much John Mackey meant to
    us. He was the first President of the NFLPA after the merger of the old
    NFL Players Association with the American Football League Players
    Association in 1970. John put his name on the line in a major antitrust
    suit which we won in the mid-1970s, and he has long been an inspiration
    to the officers and staff of the NFLPA. I know John well and he is
    always in our thoughts as we continue to make improvements.
        Chart III shows that since February of this year we have
    distributed 130 applications to players. Of those applicants, we have
    received 79 back from players and 60 of the applications have been
    approved. Of the remaining 19, only 4 have been denied and 15 are
    pending.

        Commissioner Goodell and I do not decide disability claims.
    Disability claims must first go to a two-person Disability Initial
    Claims Committee (required by Department of Labor regulations since
    January 2002). If the Committee deadlocks or a player is not satisfied
    with its decision, the player may appeal to the full Retirement Board.
    The Board has six voting members; three appointed by the League and
    three appointed by the NFLPA. The 3 members appointed by the NFLPA are
    retired players: Tom Condon, former President of the NFLPA, played 11
    years in the NFL; Jeff Van Note, former President of the NFLPA, played
    18 years for the Atlanta Falcons; and Dave Duerson, who played 11
    years, and was an All-Pro safety. The NFL appointees are team owners
    William (Bill) Bidwell (Arizona Cardinals), Clark Hunt (Kansas City
    Chiefs) and Dick Cass (President, Baltimore Ravens). If a player is
    dissatisfied with the Board's decision, a player may seek review in
    Federal court.
        More recently the NFLPA/NFL formed an ``Alliance'' bringing
    together an initial $7 million fund to pay for joint replacement
    surgery and address other financial hardships of retired players. The
    joint replacement surgeries will be available at no cost to retired
    players without insurance at designated hospitals across the country.
        All of these benefits and improvements are paid for by the active
    players.
        Chart IV shows what the current players give up to help those who
    came before them. Our CBA allocates a fixed percentage of total NFL
    revenues for player salaries and benefits. As you can see, last year
    alone the current players voluntarily gave up $147.5 million to help
    former players. None of this $147.5 million went to current players.

        That's $96.5 million to fund pensions, $20 million to fund
    disability benefits, and $31 million to fund medical benefits. Just for
    former players. And these numbers are growing. Because of the pension
    increases in the 2006 CBA, the cost of funding pensions alone for
    former players more than doubled--from $39 million to $96.5 million--a
    147 percent increase in 1 year.
        In the process each active player essentially reduced his salary by
    $82,000.
        My third point is that Congress can help. I have three suggestions
    for legislative action.
        First, we need Federal standards for workers compensation. The
    current state-by-state system often causes the vast majority of hurt
    workers, not just NFL players, to settle for a lump sum, and give up
    their rights to lifetime medical care for their injuries on the job.
    Congress should impose Federal standards that allow injured workers to
    get immediate medical help and keep lifetime coverage.
        Second, Federal law does not allow unions to manage their own
    plans, even when, as here, the negotiated contribution by employers is
    fixed and plan actions cannot impose extra liability. By proposing this
    I do not suggest that any of the six trustees have not acted in good
    faith and in accordance with their fiduciary duty. But since the NFLPA
    has been criticized when applications are denied (even though a
    majority vote of the six trustees is necessary for a decision), and
    since current players are funding the system, it makes sense for the
    players to be the ones making the disability decisions.
        Third, in 2002, the Department of Labor imposed an extra level of
    decision-making in disability decisions--a new Initial Claims
    Committee--before our six trustees can hear the evidence about a
    particular player's disability. I ask Congress to eliminate this
    requirement. I opposed the creation of this extra committee when the
    Department of Labor proposed it.
    Conclusion
        After 16 years as a player in the NFL and another 24 years as NFLPA
    Executive Director, be assured that no one cares more than I do about
    the disability issues and others facing my fellow players. We have made
    great progress and we are not finished. Congress can help.
        I welcome any questions the Committee may wish to ask and will do
    my best to answer them.
                                     ______

                               NFLPA WHITE PAPER
                    Table of Contents and Executive Summary
    I. NFL/NFLPA Benefits Overview: All Benefits to Retired Players Paid by
            Current Players Under Salary Cap--60 percent of NFL Revenues

       Active Players Pay For All Benefits.

       The NFLPA Has Obtained Repeated and Significant Increases in
            Benefits for Retired Players.
    II. Disability System
    A. Disability Benefits Overview

       Most Generous and Flexible Disability in Professional Sports

       The NFLPA Is Always Working to Improve Benefits and
            Procedures

    B. Disability Eligibility and Award Statistics
    C. Disability Categories, Application and Award Process
    1. Categories of Disability

       Plan Pays Both Total and Permanent and Partial Disability
            Benefits

       Four Categories of Total and Permanent Disability Benefits

         Active Football: Football-related, within 6 months

         Active Non-Football: Non-football related, within 6
                months

         Football Degenerative: Football-related, within
                fifteen years

         Inactive: Non-football related, no time limit

       Line of Duty Benefits (``LOD''): Partial Disability, Player
            may be working

    2. Disability Application and Award Procedure

       Decisions Are Made By Plan Fiduciaries, Including 3 Former
            Players

       Disability Claims are Processed as Required by Federal Law

       Application

       Initial Medical Examination

       Initial Decision by Disability Initial Claims Committee

       Appeal Rights

       Retirement Board

       Second Medical Exam

       The Retirement Board decides all appeals based on the entire
            record

       Players Can Appeal to Federal Court

       Since 1993, the courts have upheld 96 percent of the
            Retirement Board's decisions in lawsuits filed by retired
            players (in 24 of 25 decided cases)

    D. Facts About Former Players With Public Controversies Over Disability
            Issues

       Brent Boyd

       Brian DeMarco

       Conrad Dobler

       Daryl Johnston

       Eugene ``Mercury'' Morris

       Mike Mosley

       Dave Pear

       Mike Webster

       Delvin Williams

    III. Workman's Compensation

       NFLPA Bargained for and obtained Workman's compensation
            benefits for all players and provides legal counsel to help
            players apply

    IV. Lifetime Retirement Income Security Plans
    A. Lifetime Pensions Paid by Current Players

       A player needs to be vested to be eligible for retirement
            and for the third and fourth categories of T&P disability
            benefits

       Benefit Credits

       Past pensions have been increased four times since 1993

       In 1993, pre-1959 players ``Pre-59ers'' began to receive
            pensions for the first time

       Some players receive a smaller than usual pension because
            they elected to take their pensions many years before
            retirement age

       Some players receive a small pension because they elected to
            take a ``Social Security Adjustment''

       Other reasons why some retired players are receiving smaller
            than usual pensions

    B. Second Career Savings Plan: 401(k)

       2 for 1 401(k) benefits for players

    C. NFL Player Annuity Program
    V. Health Care Benefits
    A. Five Free Years of Post-Career Medical Coverage
    B. Pre-Tax Deposits Into Health Reimbursement Accounts ($25,000 per
            year/$300,000 max)
    C. 88 Plan
    VI. Other Charitable Retired Player Programs

       Widows and Surviving Children Benefits

       Players Assistance Fund

       Retired Players Medical and Assistance Fund

    I. NFL/NFLPA Benefits Overview

        Active Players Pay For All Benefits: The NFL Players Association
    and the NFL agree in collective bargaining on the benefits to be
    provided. Benefit costs reduce the revenue available for active players
    under the Collective Bargaining Agreement (``CBA''):

       The CBA between the Players Association and the NFL provides
            retirement, medical, and disability benefits to former players.
            The CBA allocates a percentage of the League's revenues for
            player salaries and player benefits (currently 60 percent).

       The costs of benefits to former players come from the active
            players' side of the table. In other words, all of the CBA
            benefits, including the cost of benefits for players no longer
            active, reduce the amount available for salaries and benefits
            of active players.

       In 2006 alone, active players gave up $147.5 million for
            benefits to retired players. This means that each active player
            gave up approximately $82,000 of his salary for medical,
            disability, and retirement benefits for former players.

        From April 2006 to March 2007--the active players gave up
    approximately:

       $96.5 million to fund retirement benefits for retired
            players;

       $31 million to fund medical benefits for retired players;

         $18 million in contributions to health reimbursement
                accounts.

         $2 million to 88 Plan for Dementia.

         $11 million for 5 years post-retirement fully paid
                health care.

       $20 million to fund disability benefits for former players.

        In 2005-2006, current players contributed $39 million to fund
    retirement benefits for former players.

       The current $96.5 million is a 147 percent increase in 1
            year thanks to the 2006 CBA.
    The NFLPA Has Obtained Repeated and Significant Increases in Benefits
            for Retired Players.
        Beginning in 1993, the NFLPA obtained significantly increased
    pensions for retired players four times. Pre-59ers were included in the
    Retirement Plan for the first time in 1993, and their benefits have
    since been more than tripled.
        Significantly increased Total and Permanent Disability benefits.
        Tripled widow and surviving children benefits.
        Created Plan 88 (see below).
    II. Disability System
    A. Disability Benefits Overview
        Most Generous and Flexible Disability in Professional Sports: The
    Plan offers total and partial disability benefits--T&P and Line of
    Duty--explained in further detail below.

       The disability award process investigates (1) whether a
            player is able to work; (2) what caused the player's
            disability; and (3) when the disability began.

       Vested former NFL players who become unable to work--for
            whatever reason--decades after they leave the game may still
            receive a disability benefit that serves as income replacement.

       This is highly unusual. An employee of a corporation like
            IBM or General Motors does not expect to get--and does not
            get--disability benefits if he or she becomes unable to work
            decades after leaving the job.

       The Plan also offers partial disability called ``Line of
            Duty,'' which players may receive even when they are still able
            to work.

       Since 1993--when the current structure was put in place--
            about $140 million has been paid to disabled players.

       Once a disabled retired player reaches retirement age, he
            will begin to receive the higher of either his disability or
            his pension for the remainder of his life.

        The NFLPA Is Always Working to Improve Benefits and Procedures:
    Even outside of the formal collective bargaining process, the NFLPA
    continues to seek improvements in benefits and in the process.

       The NFL/NFLPA recently announced an agreement that
            automatically grants disability benefits to eligible former
            players who receive social security disability benefits.

       Because of this change, additional players will now receive
            NFL disability benefits, and players already receiving social
            security benefits will not have to be examined by a Plan
            doctor.

       The NFLPA has suggested other major changes that could
            eliminate difficult decisions on effective dates and causation
            for many players, and allow the Plan to process applications
            faster.
    B. Disability Eligibility and Award Statistics
        Eligibility and Award Statistics: This has been considerable
    misinformation reported about the disability award and eligibility
    statistics, which we would like to clarify below:

       From 1993 to June 2007, 42.6 percent of individuals who have
            applied for NFLPA/NFL disability benefits were awarded
            disability benefits of some kind. Social security is awarded at
            roughly 47 percent.

       As the table below demonstrates, 428 applicants have
            received disability benefits--of the 1004 who have received a
            final decisions--which brings the approval rate to 42.6
            percent.

         There are currently 317 former players who are
                receiving some kind of disability benefit under the Plan.
                Since 1993, 41 former players who were awarded disability
                began receiving their pension when they reached retirement
                age, and therefore no longer receive disability payments.
                The remaining players who no longer receive disability have
                either passed away, or no longer qualify for disability
                since their initial award because the benefit expired, or
                because the Plan has determined that they are no longer
                disabled.

       Of the 1,052 people who applied in this period, many were
            already receiving a pension or were not vested (had not played
            3 or more seasons), and therefore were ineligible when they
            applied for disability benefits.

       Currently, there are 4,900 vested (3 seasons or more) former
            players who are eligible to apply for disability benefits under
            the NFL/NFLPA plan, not 10,000, as has been reported in some
            media outlets.

       In addition to the 4,900 vested former players who are
            eligible, there are currently 2,100 active players who are not
            eligible to apply for disability because they are actively
            playing football, and are therefore not disabled.

       There are additionally close to 3,000 former players who are
            currently receiving a pension from the NFL/NFLPA Retirement
            Plan, and are also therefore not eligible to receive
            disability. Since pension and disability are both ``income
            replacement'' benefits, once a player begins to receive his
            pension he can no longer apply for disability benefits. (This
            is standard, if not universal, among all employers.)
        Table 1 summarizes the disability decisions of the Retirement Plan
    from July 1993, when the present disability categories were created to
    June 26, 2007.

                                                         Table 1
    ----------------------------------------------------------------------------------------------------------------

    ----------------------------------------------------------------------------------------------------------------
    Total disability applicants                                                                                1,052
    Approved at initial stage \1\                                                                                358
    Denied at initial stage                                                                                      675
    Awaiting initial decision                                                                                     19
    Applicants denied at initial stage who appealed                                                              223
    Approved on appeal                                                                                            69
    Denied on appeal                                                                                             132
    Appeal Pending                                                                                                22
    Applicants who have sued                                                                                      32
    Retirement Board upheld                                                                                       24
    Retirement Board reversed                                                                                      1
    Lawsuit pending                                                                                                7
    Overall disability applicants                                                                              1,052
    Cases pending                                                                                                 48
    Benefit approved                                                                                             428
    Benefit denied                                                                                               576
    ----------------------------------------------------------------------------------------------------------------
    Prior to January 1, 2002, initial decisions were made by the Retirement Board. After January 1, 2002, initial
      decisions are made by the Disability Initial Claims Committee, as required by a change in Federal law. The
      Disability Initial Claims Committee has deadlocked on whether to grant a benefit 37 times.

    C. Disability Categories, Application and Award Process
    1. Disability Categories

        Plan Pays Both Total and Permanent and Partial Disability Benefits:
    The Retirement Plan awards both ``total and permanent,'' (``T&P'')
    disability benefits (meaning the retired player is unable to work) and
    partial disability benefits.
        Total and Permanent Disability--T&P: Total and Permanent disability
    benefits are paid when an eligible player is unable to work, and are
    designed to replace income.

       Eligible players may receive T&P benefits even when their
            inability to work occurs many years after a football career has
            ended, and even when NFL football did not cause the inability
            to work.

       Once a retired player reaches retirement age (55), he will
            begin receiving the higher of either his disability payment or
            his pension for the remainder of his life.

       Players who begin receiving their pension can not apply for
            disability. Both are income-replacement benefits; this is
            standard, if not universal, among all employers.
        Four Categories of Total and Permanent Disability Benefits:

       Active Football: Football-related, within 6 months.

         A former player receives $224,000 per year if he
                becomes totally and permanently disabled due to NFL
                football within 6 months after his NFL career ends.

         No vesting required--available to a player who plays
                in as little as one game.

       Active Non-Football: Non-football related, within 6 months.

         A former player receives $134,000 per year if he
                becomes totally and permanently disabled from any other
                cause within 6 months after his NFL career ends.

         Based on a player's benefit credits, this amount could
                be higher.

         No vesting required--available to a player who plays
                in as little as one game.

       Football Degenerative: Football-related, within fifteen
            years.

         A former player receives $110,000 a year if he becomes
                totally and permanently disabled due to NFL football within
                15 years after his NFL career ends.

       Inactive: Non-football related, no time limit.

         A former player receives a minimum of $18,000 a year
                ($21,000 for applications on and after April 1, 2007) if he
                becomes totally and permanently disabled and does not
                qualify for one of the other categories.

         Based on a player's benefit credits, this amount could
                be higher.

        NOTE: Vesting Required for Football Degenerative and Inactive T&P
    benefits:

       These two categories of disability are only available to
            former players who played in the NFL during at least three
            seasons and are therefore ``vested.'' Generally, a player earns
            a season if he is paid for three or more games during that
            season.

        Line of Duty Benefits (``LOD''): Partial Disability, Player may be
    working.
        Partial disability benefits are paid to players who suffer a
    ``substantial disablement.'' Whether a player has a substantial
    disablement is generally determined using the rating system created by
    the American Medical Association for measuring impairments.
        LOD benefits are available to players who play in as little as one
    NFL game.
        To receive ``LOD'' disability a player must apply within 48 months
    (4 years) after his NFL career ends. Partial disability benefits are
    paid for up to 90 months (7.5 years).
        A player's LOD benefit equals the sum of his Benefit Credits.
    Therefore, a player who leaves the game today with five seasons would
    have a monthly LOD benefit of $2,350 (5 seasons times $470).
        Regardless of the number of a player's seasons, he will receive at
    least $1,000 per month.
        Most injuries to NFL players are orthopedic. The collective
    bargaining parties have adopted guidelines created by the American
    Medical Association to measure impairments resulting from orthopedic
    injuries.
        For orthopedic impairments, using the AMA guidelines, LOD benefits
    are paid if the player meets any one of the following thresholds:

       A 38 percent or greater loss of use of the entire lower
            extremity;

       A 23 percent or greater loss of use of the entire upper
            extremity;

       An impairment to the cervical or thoracic spine that results
            in a 25 percent or greater whole body impairment;

       An impairment to the lumbar spine that results in a 20
            percent or greater whole body impairment; or

       Any combination of lower extremity, upper extremity, and
            spine impairments that results in a 25 percent or greater whole
            body impairment.

        Up to 3 percentage points may be added to the impairment ratings of
    a player if he experiences excess pain.
    2. Disability Application and Award Procedure
        Decisions Are Made By Plan Fiduciaries, Including 3 Former Players:
    The Players Association and the NFL do not award or deny disability
    claims. Final decisions on disability benefits are made by 6 voting
    members of the Retirement Board--three of whom are former players--and
    all medical decisions are based on the medical reports of one or more
    neutral doctors chosen by all voting members, and all medical
    information submitted by the player.
        Disability Claims are Processed as Required by Federal Law: In
    compliance with Federal law, the Retirement Plan gives former players
    every opportunity to qualify for disability benefits. The process that
    a player goes through is outlined as follows:
        Application: A player seeking disability benefits begins by
    completing a written application and sending it to the Plan Office in
    Baltimore. The Plan Office has a toll-free number that former players
    can call to ask questions and get forms, and also has a website for
    downloading forms.
        Initial Medical Examination: The player is then sent to a neutral,
    qualified physician approved by the Retirement Board for an
    examination. These physicians are called neutral physicians because
    they are appointed jointly by the Retirement Board members appointed by
    the Players Association and the NFL. Based on his examination, the
    physician provides a written report that describes the player's
    condition, measures impairments for purposes of LOD benefits, and
    addresses the player's ability to work.

       Initial Decision: The Disability Initial Claims Committee
            (the ``DICC'' or ``Committee'') makes initial decisions on
            disability benefit claims. It is comprised of two individuals--
            one appointed by the NFL and the other by the NFLPA. The Labor
            Department required this layer of decisionmaking by Federal law
            in 2002.

       The Committee reviews the player's entire file, including
            all medical reports by the Plan neutral physicians and by other
            physicians submitted by the Player. If the Committee approves
            the application, disability payments begin immediately.

       If the Committee denies the player's claim, or if the
            Committee is deadlocked (in which case the application is
            deemed denied), the player may appeal, as described below.

        Appeal Rights: If the Committee denies a claim, is deadlocked, or
    the player is dissatisfied with the Committee's decision in any way,
    the player may appeal to the full Retirement Board for a complete
    review of the claim. On appeal, the Retirement Board will review all
    available materials, whether or not presented to the Committee, and
    will give no deference to the decision of the Committee. The Retirement
    Board conducts a full and fair and totally independent review of all
    appeals.
        Retirement Board: The Retirement Board has six voting members--
    three appointed by the NFLPA, and three appointed by the NFL.
        NFLPA-appointed voting members: All distinguished retired players:

       Tom Condon played for the NFL for 11 years, and served as
            President of the NFLPA while he was an active player. Today, he
            is an attorney and a top football agent with Creative Artists
            Agency.

       Jeff Van Note played for the Atlanta Falcons for 18 years,
            and served as President of the NFLPA while he was an active
            player.

       David Duerson played in the NFL for 8 seasons, was all-Pro
            in 4 years, and won two Super Bowl rings. Mr. Duerson attended
            Harvard Business School after retiring from the NFL and
            currently works in business.

        NFL-appointed voting members:

       William Bidwill, Owner of the Arizona Cardinals.

       Clark Hunt, Owner of the Kansas City Chiefs.

       Dick Cass, President of the Baltimore Ravens.

        Second Medical Exam: On appeal, the player is sent, as required by
    Federal law, to one or more new neutral physicians for additional
    medical examination. These physicians provide written reports on the
    Player's condition.
        The Retirement Board decides all appeals based on the entire
    record.
        Resolving Deadlocks: 3 to 3 votes--of the Retirement Board are
    resolved by either:

       Medical Advisory Physician (``MAP''): If the dispute is over
            a medical issue, such as whether a player medically is
            substantially unable to work, either side (the player-appointed
            trustees or the management-appointed trustees) can send the
            player to one of the Plan's top, pre-approved, neutral three
            doctors. These doctors are called ``Medical Advisory Physicians
            (``MAPs''), and their medical decisions are binding on the
            Retirement Board. This final review will almost always resolve
            any deadlock between voting trustees.
       Arbitration: In rare cases--and this has happened only once
            in the last 14 years--the deadlock is resolved by arbitration
            between the members of the Retirement Board.

        Players Can Appeal to Federal Court: If a player is dissatisfied in
    any way with the decision of the Retirement Board, he has the right to
    file a lawsuit in Federal court for benefits.

        Since 1993, the courts have upheld 96 percent of the Retirement
    Board's decisions in lawsuits filed by retired players (in 24 of 25
    decided cases).
        This record demonstrates the care with which the Committee and the
    Retirement Board decide pension and disability claims.
    D. Facts About Former Players With Public Controversies Over Disability
            Issues

    Brent Boyd
        Mr. Boyd played professional football in the NFL from 1980-1986.
        Mr. Boyd is receiving total and permanent disability (``T&P'')
    benefits under the Plan's ``Inactive'' category, which provides a
    minimum of $18,000 per year.

       Mr. Boyd is receiving Inactive T&P benefits rather than
            Football Degenerative T&P benefits because the only doctor who
            was certain about the cause of his psychological and
            psychiatric problems--a neutral and renowned expert from Johns
            Hopkins University Medical Center--determined, to a reasonable
            degree of medical certainty, that Mr. Boyd's problems could not
            have been caused by Mr. Boyd's concussion in 1980.

       Accordingly, he did not meet the standard for the highest
            level of payment, the football-related ``Football
            Degenerative'' T&P benefits.

        Mr. Boyd first applied for T&P benefits in 1997; he claimed that he
    was unable to work due to orthopedic impairments, never mentioning a
    football-related head injury in his application.

       After a Plan neural orthopedist opined that Mr. Boyd was
            capable of sales and other work, the Retirement Board denied
            Boyd's application.

       Mr. Boyd did not challenge that decision by pursuing a
            Federal court appeal.

        Mr. Boyd reapplied in 2000; he now claimed, for the first time,
    that he was unable to work due to a psychological disorder caused by a
    head injury that occurred in 1980.
        The Retirement Board referred Mr. Boyd for examination by a
    neurologist and a psychiatrist.

       Both doctors indicated that Mr. Boyd was then totally and
            permanently disabled (i.e., substantially couldn't work) due to
            cognitive and psychiatric impairments. But, both physicians
            also indicated in their written reports that they were
            uncertain what caused Mr. Boyd's disability.

       The player trustees wanted to award Mr. Boyd the higher
            Football Degenerative T&P benefit, but the management trustees
            would not agree, in large part because Mr. Boyd had not claimed
            head injuries in his 1997 application.

       The Retirement Board awarded Mr. Boyd the Inactive T&P
            benefits (i.e., a minimum of $18,000 per year where a player
            does not qualify for a higher category) on the basis of these
            reports, and agreed to further study the causation of Mr.
            Boyd's impairments for possible reclassification.

        To resolve the deadlock on causation, the Retirement Board referred
    Mr. Boyd to a pre-eminent neurologist at Johns Hopkins, Dr. Barry
    Gordon, who has particular expertise in memory, cognitive impairments,
    and head injuries.
        After an extensive examination by Dr. Gordon, which lasted well
    over an hour, Dr. Gordon concluded, ``to a reasonable degree of medical
    certainty,'' that Mr. Boyd's impairments were not caused by NFL
    Football. Mr. Boyd and his attorneys were given repeated opportunities
    to provide a medical rebuttal, but never did. Contrary to Mr. Boyd's
    public statements, Dr. Gordon's assistant, who performed tests, had
    completed the course work for a Masters in Developmental Psychology at
    Hopkins (which she received 2 months later), was well-trained in
    testing and had performed that test on other patients at least a dozen
    times before Mr. Boyd, and still works as a consultant to John Hopkins.
        Based on this information, the Retirement Board concluded that Mr.
    Boyd did not meet the requirements for a football-related disability,
    and awarded him Inactive total and permanent disability benefits (the
    fourth T&P category, at a minimum of $18,000 per year).
        Mr. Boyd sued the Retirement Plan in Federal District Court in San
    Diego. That court upheld the Board's decision and reasoning that Mr.
    Boyd's psychological impairments were not caused by a football-related
    injury, and rejected Mr. Boyd's arguments.
        Mr. Boyd then appealed to the Ninth Circuit Court of Appeals. A
    three judge panel unanimously affirmed the District Court's decision
    and upheld the findings of the Retirement Board. The Ninth Circuit
    rejected Mr. Boyd's claim that his psychological condition was
    football-related.
    Brian DeMarco
        Mr. DeMarco played professional football in the NFL from 1995-1999.
        Mr. DeMarco has never filed a claim for disability benefits, even
    after the Retirement Plan sent him five applications via certified mail
    over the past 5 years.
        The plan sent Mr. DeMarco disability applications in March 2002,
    December 2002, September 2005, August 2006, and July 2007.
        The Plan Office has never received a single disability application
    from Mr. DeMarco. The Plan still has three of the written, signed
    proofs that the application was received.
        Because Mr. DeMarco has declined to even begin the process, the
    Plan cannot be blamed for failing to pay disability benefits to him.
        Mr. DeMarco has claimed that he sent in the application, which was
    misplaced by the Plan office. This is false. As of September 2007, Mr.
    DeMarco has still not sent in an application for disability.
    Conrad Dobler
        Mr. Dobler played professional football in the NFL from 1972-1981.
        First, the Board denied Mr. Dobler's 1993 claim for T&P benefits
    because he was able to work at that time, despite his knee and elbow
    impairments. As described above, T&P benefits are reserved for former
    players whose impairments prevent them from being able to work.

       Mr. Dobler applied for Total and Permanent Disability in
            1993.

       After evaluating the report of the Plan neutral physician
            who examined Mr. Dobler, the player trustees wanted to award
            him T&P disability benefits, but again the management trustees
            refused to do so, which left the Board deadlocked at 3 to 3.

       As a result of this deadlock, the Board sent Mr. Dobler for
            an additional examination by a Medical Advisory Physician
            (``MAP''), whose medical determinations are final and binding
            on the Board.

       The MAP determined that Mr. Dobler did not qualify for T&P
            benefits because he was able to work, and was in fact working.
            Therefore, the Board denied his application for T&P benefits.

        Second, the Board denied Mr. Dobler's 2006 claim for LOD benefits
    (partial disability, player may still be able to work) because his
    claim for those benefits was more than 2 decades late. The Plan
    requires that a player apply for LOD benefits within 4 years of leaving
    the game.

       In 2006, thirteen years after his initial application and 25
            years after playing football, Mr. Dobler applied for LOD
            benefits.

       His application was more than 20 years late.

       A player must apply for Line of Duty disability within 4
            years of retiring from the NFL, and Mr. Dobler's last season
            was 1981.

    Daryl Johnston
        Mr. Johnston played professional football in the NFL from 1989-
    1999.
        Mr. Johnston's neck impairment did not meet the Plan's standards
    for a ``substantial disablement'' for line-of-duty disability (``LOD'')
    benefits when he applied, and he therefore did not qualify to receive
    them.

       Mr. Johnston applied for LOD benefits in 2001.

       The player members of the Retirement Board wanted to award
            LOD benefits, and the management members refused, which left
            the Board deadlocked at 3 to 3.

       As a result of this deadlock, Mr. Johnston was sent to a
            Medical Advisory Physician, whose medical opinion is final and
            binding on the Retirement Board.

       This physician determined that Mr. Johnston did not meet the
            Plan's standards for LOD benefits.

    Eugene ``Mercury'' Morris
        Mr. Morris played professional football in the NFL from 1969-1975.
        In 1992, Mr. Morris accepted a lump sum payment of $295,000 in
    return for giving up all rights to any future disability benefits.
        Mr. Morris made this decision while represented by his attorney.
        In spite of the settlement, Mr. Morris has repeatedly tried to set
    aside the settlement by filing multiple lawsuits and conducting a
    harassment campaign against Plan attorneys.
        Three Federal courts have told Mr. Morris he is bound by the
    agreement and that the agreement clearly does not allow him to obtain
    additional benefits for disability.
        The courts have told him that another lawsuit will result in
    sanctions.
    Mike Mosley
        Mr. Mosley played professional football in the NFL from 1981-1984.
        After receiving Football Degenerative total and permanent
    disability benefits for 6 years (third category of T&P benefits, which
    pays $110,000 per year), Mr. Mosley no longer qualified for these
    benefits because he became able to work. It would be unfair to disabled
    players to pay benefits to former players who are not disabled.

       Mr. Mosley applied for total and permanent disability
            benefits in September 1998.

       His application was approved in October 1998, and Mr. Mosley
            began to receive the disability benefits awarded to him.

       In 2004, Mr. Mosley was reexamined by a Plan doctor who
            found that Mr. Mosley was able to work.

       A second, neutral Plan doctor confirmed this assessment.

       The Plan therefore terminated Mr. Mosley's benefits in
            October 2004.

    Dave Pear
        Mr. Pear played professional football in the NFL from 1975-1980.
        The Retirement Board denied Mr. Pear's 1983 claim for LOD benefits
    based on an arbitration decision finding that Mr. Pear did not meet the
    requirements for those benefits in effect when he applied.

       Mr. Pear applied for LOD benefits in 1983.

       At that time, the Retirement Board was required to determine
            that the player's injury caused him to leave football before it
            could grant LOD benefits.

       After evaluating the report of the neutral physician who
            examined Mr. Pear, the three player trustees wanted to award
            Mr. Pear the LOD benefits, but the three management trustees
            refused to do so.

       As a result of this deadlock, the Board sent the issue to an
            arbitrator, who ultimately ruled that the injury did not cause
            Mr. Pear to leave football.

       As a result of the NFLPA's successful negotiations in
            bargaining, this requirement for LOD benefits--that the injury
            must have made the player leave the game--was dropped from the
            Plan after the 1993 CBA.

        The Retirement Board denied Mr. Pear's 1995 claim for T&P benefits
    because the Board determined that he could work after evaluating the
    medical evidence in his file.

       Mr. Pear applied for T&P benefits in 1995.

       The Plan doctor who examined Mr. Pear determined that he
            could work.

       The Board therefore concluded that Mr. Pear did not qualify
            for T&P disability benefits.

    Mike Webster
        Mr. Webster played professional football in the NFL from 1974-1990.
        Mr. Webster applied for Football Degenerative T&P disability
    benefits (third T&P category that pays $110,000 per year) due to head
    injuries in June 1999. The Board promptly and unanimously determined
    that Mr. Webster could not work, and that football had caused his
    disability.
        Mr. Webster began to receive over $9,000 per month, and he
    collected those benefits for the rest of his life. The Plan also paid
    an additional $300,000 in retroactive benefits after the Board
    unanimously determined that he became totally and permanently disabled
    in 1996.
        The only issue in dispute in Mr. Webster's case was when Mr.
    Webster became unable to work. The Retirement Board unanimously decided
    to pay Mr. Webster retroactively back to 1996, when the evidence showed
    he was first unable to work, and the Board unanimously found that
    football caused his inability to work.

       Mr. Webster had worked very hard to set up businesses and
            real estate deals after he left the NFL in 1991.

       The Retirement Plan undertook a thorough investigation into
            the time of Mr. Webster's impairment, carefully reconstructing
            the details of Mr. Webster's life almost a decade earlier.

       The Plan learned that in the years immediately following
            football, Mr. Webster set up businesses, bought property,
            promoted products, traveled extensively, and filed lawsuits.

       In 1995 Mr. Webster's own attorney told him that he would
            not qualify for Social Security disability benefits because he
            was working.

       Although his businesses ultimately failed, there was no
            indication that Mr. Webster had a serious medical impairment
            until he was hospitalized in September 1996.

       The Retirement Board unanimously decided to pay benefits
            retroactively to September 1996--an award of over $300,000 in
            retroactive benefits, in addition to his disability payment of
            over $9,000 per month for the rest of his life.

        The Retirement Board never improperly delayed payment to Mr.
    Webster.

       When Mr. Webster applied for T&P benefits in June 1999, the
            Retirement Plan awarded Football Degenerative T&P benefits
            within 3 months (at the first meeting it could do so) of his
            application because of the head injuries he had sustained, and
            Mr. Webster promptly began to receive disability payments of
            over $9,000 per month.

       It did take time to reconstruct Mr. Webster's activities in
            prior years--Mr. Webster's attorney requested and received
            additional time to make a case that Mr. Webster was totally and
            permanently disabled upon his retirement from NFL football in
            1991.

       The IRS then presented a tax levy based on unpaid taxes for
            income Mr. Webster received during 1992 and 1993, during which
            time Mr. Webster was claiming total and permanent disability.

       Mr. Webster's then-attorney took many months to explain Mr.
            Webster's income during those years.

        Ultimately, the Estate of Mike Webster exercised its right to
    judicial review of the matter, and sued the Retirement Plan in the
    Baltimore, Maryland Federal district court.
        Through his attorney, Mr. Webster argued that he was so mentally
    impaired when he left football in 1991 that he could not even file an
    application.
        The court determined that Mr. Webster was totally and permanently
    disabled as of 1991, 5 years earlier than the date awarded by the
    Retirement Board, and thus awarded his Estate additional $2 million in
    retroactive disability benefits for 5 years and attorneys fees.
        The Fourth Circuit Court of Appeals upheld the district court's
    decision on when Mr. Webster became unable to work, and the Retirement
    Board paid the additional disability benefits awarded by the court to
    the Estate of Mike Webster.
    Delvin Williams
        Mr. Williams played in the NFL from 1974 to 1981.
        Mr. Williams applied for LOD benefits in 1983. The player members
    of the Retirement Board believed he qualified for that benefit, but the
    management members did not. The matter was sent to arbitration. The
    arbitrator said that he did not qualify.
        Mr. Williams applied for T&P benefits in June 1995. Based on the
    medical evidence, at its July 20, 1995 meeting, the Retirement Board
    unanimously awarded Mr. Williams Football Degenerative T&P benefits
    starting August 1, 1995.
        Because Mr. Williams desired an effective date of July 1, 1993 for
    his T&P benefits, the Plan requested evidence of Mr. Williams'
    employment during the period between July 1, 1993 and August 1, 1995.
    The Plan learned the following facts:

       According to his Social Security Administration earnings
            records and tax records, Mr. Williams had substantial
            employment earnings in most of the years after his retirement
            from the NFL in 1981 and up to 1995. In 1992, Mr. Williams
            earned $51,583; in 1993, his income was $52,491; in 1994, his
            income was $55,839; and in 7 months of working in 1995, he
            earned $31,574.

       From December 1, 1991 to December 1, 1992, Mr. Williams
            worked for Solem & Associates, a San Francisco public relations
            firm. From January 1, 1993 to April 1, 1995, Mr. Williams
            worked for the San Francisco Chamber of Commerce. Mr. Williams
            worked for a company called Sports Lab from April 17, 1995 to
            July 15, 1995. During these years, Mr. Williams listed his
            occupation as ``Executive'' or ``Community Relations'' on his
            Federal income tax returns.

        Based on Mr. Williams' substantial employment during the period
    prior to August 1, 1995, the Retirement Board denied his claim for
    retroactive disability benefits.
        Mr. Williams appealed, and submitted a new medical report from the
    doctor that examined him in 1983, in connection with Mr. Williams'
    unsuccessful claim for LOD benefits. This doctor stated both that Mr.
    Williams had been totally and permanently disabled in 1983 and that his
    medical condition had not changed since 1983. This doctor made these
    statements in 1997 even though he did not find Mr. Williams totally and
    permanently disabled in 1983.
        The Retirement Board found this report unconvincing, because it
    contradicted both that same doctor's report in 1983 and the undisputed
    evidence of Mr. Williams' substantial employment through 1995. The
    Retirement Board unanimously denied his appeal for disability benefits
    for periods prior to August 1995.
        In October 1998, Mr. Williams filed a class action lawsuit for
    retroactive disability benefits for the period from July 1993 to August
    1995. He also asked the court for various other remedies arising out of
    alleged fiduciary breaches and unlawful amendments of the Retirement
    Plan and Disability Plan. His complaint was over 100 pages long.
        The district court dismissed all of the fiduciary breach and
    illegal plan amendment claims advanced by Mr. Williams. The court also
    rejected Mr. Williams' attempt to convert the case into a class action.
    The court, however, did award Mr. Williams an earlier effective date
    for his T&P benefits.
        On appeal, a three judge panel of the Ninth Circuit Court of
    Appeals unanimously overturned the effective date decision of the
    district court. The Retirement Board was completely vindicated.
        Following the Ninth Circuit's decision, the district court awarded
    the Retirement Plan a modest amount of attorneys' fees and costs, to be
    paid gradually out of the $110,000 each year that Mr. Williams
    continues to receive in disability benefits.
    III. Workers' Compensation
        NFLPA bargained for and obtained Workman's compensation benefits
    for all players and provides legal counsel to help players apply.
        The NFLPA has negotiated for Workers Compensation benefits to be
    provided to all players. Over the past 25 years the NFLPA has
    established a panel of qualified lawyers to help players file and
    pursue their claims.

       Workman's Compensation Benefits are in addition to
            disability benefits.

       Workman's Compensation Benefits are paid for by current
            players.

       The NFLPA strongly advises each player to preserve his
            rights under Workers Compensation for life-time medical care
            for his football injuries.

       The NFLPA and NFL have agreed that there is no reduction in
            other disability benefits when a player also receives Workers
            Compensation.

       The cost of Workers Compensation comes out of the players'
            share of League revenues, like other health and disability
            benefits.
    IV. Lifetime Retirement Income Security Plans
    A. Lifetime Pension Payments
        Vesting: A player needs to be vested to be eligible for retirement
    and for the third and fourth categories of T&P disability benefits--
    Football Degenerative and Inactive. Currently, a player is vested if he
    is plays for three or more seasons. A player receives a credited season
    if he is paid for three or more regular or post-season games in that
    season.
        Under the 1993 collective bargaining agreement--the first
    collective bargaining agreement negotiated by Gene Upshaw--the vesting
    standard was reduced from four seasons to three seasons for all players
    with a season after 1992.
        Under the 1998 collective bargaining agreement, the vesting
    standard for all older players was reduced from five seasons to four.
    The effect of these changes was to provide many more players with a
    vested pension benefit under the Retirement Plan.
        Benefit Credit: Every vested player qualifies for a pension based
    on the sum of his ``Benefit Credits,'' which are amounts determined by
    collective bargaining for each NFL season.
        The current schedule of Benefit Credits for seasons is:

    ----------------------------------------------------------------------------------------------------------------

    ----------------------------------------------------------------------------------------------------------------
    Before 1982                                                                                                 $250
    1982 through 1992                                                                                            255
    1993 and 1994                                                                                                265
    1995 and 1996                                                                                                315
    1997                                                                                                         365
    1998 and later seasons                                                                                       470
    ----------------------------------------------------------------------------------------------------------------

        For example, a player who plays NFL football for 10 seasons
    beginning in 1998 is guaranteed a pension at age 55 of $4,700 per month
    ($470 x 10 seasons), which is $56,400 per year, for the rest of his
    life.
        If he takes his pension at age 65--normal retirement age for many
    under Social Security--the benefit rises to $147,711 each year for the
    remainder of his life.
        Past pensions have been increased four times since 1993.
        For the oldest players, Benefit Credits went from $60 prior to the
    1993 CBA to the current level of $250 due to the NFLPA's efforts in
    collective bargaining.
        For current players, Benefit Credit levels went from $150 prior to
    the 1993 CBA to the current level of $470 in collective bargaining.
        In 1993, ``Pre-59ers'' began to receive pensions for the first
    time.
        The Retirement Plan was created in the early 1960s. In the 1993
    CBA, the NFLPA, under Mr. Upshaw, fought for these forgotten former
    Players who played before 1959, and won them the right for the first
    time to a vested pension. In CBAs after 1993, their benefit has more
    than tripled.
        Before the 1993 CBA, these players were receiving a ``stipend'' of
    $60 per season that was not guaranteed. They were bumped up to a
    guaranteed pension of $80 per season in 1993. That $80 has since
    increased to $250.
        The 1993 CBA added 854 former players and 65 beneficiaries to the
    Retirement Plan.
        Some players receive a smaller than usual pension because they
    elected to take their pensions many years before retirement age.
        Because a player who starts payments at age 45 (instead of 55) will
    receive benefits for more years, his age-55 benefit is actuarially
    reduced by more than 50 percent in this situation, since they will
    receive their pension for ten more years.
        The option of taking Retirement Plan benefits early (prior to age
    55) is no longer available to current players. The bargaining parties
    eliminated it 1993 because it was detrimental to retired players.

       Because of legal requirements, the option continues to be
            available to all players who played a season prior to 1993.

       Players continue to take their pensions early, even though
            they are warned that doing so will result in a reduction.

        Some players receive a small pension because they elected to take a
    ``Social Security Adjustment''.
        Many former players voluntarily chose to front-load their
    retirement benefits by electing a ``Social Security Adjustment'' form
    of benefit, in which the majority of their retirement benefit is paid
    prior to age 62, with only a token benefit starting age 62.
        The idea behind this concept is that Social Security benefits would
    make up all or part of the difference. In the 1970s, the players at
    that time asked for and obtained this option.
        Electing this option dramatically reduces the retirement benefits
    of players when they reach 62.
        Other reasons why some players are receiving smaller than usual
    pensions.
        Some players are divorced, and must share all or a substantial part
    of their retirement benefit with an ex-wife.
        Many players who complain about the size of their monthly pension
    benefits have at least one, and often a combination, of the factors
    described above reducing their monthly benefits.
    B. Second Career Savings Plan: First 401(k) Plan in Pro Sports.
    2 for 1 Match
        Beginning in a player's second year, all pre-tax contributions are
    matched at a rate of $2 for every $1 a player puts in, up to $20,000.
        Players can make pre-tax contributions up to the IRS limit ($15,500
    for 2007).
        Players who do not contribute any of their own money receive a more
    modest Club contribution.
        Prior to the 1993 CBA, no professional sport had a pension plan of
    this type. Gene's efforts in the 1993 CBA established this Plan.
        The assets of the Savings Plan have grown from $0 in 1993 to over
    $800 million.
    C. NFL Player Annuity Program
        In collective bargaining in 1998, Mr. Upshaw fought for and won a
    new defined contribution plan, the NFL Player Annuity Program. This
    Program also provides deferred compensation to players, as early as age
    35.
        Players receive contributions based on the following schedule:

       in their second and third years, $5,000;

       in their fourth year, $55,000; and

       in subsequent years, $65,000.

        After the law was changed in 2006, Mr. Upshaw persuaded the NFL in
    the 2006 CBA to contribute most of this money in a tax-favored form.
        The total assets of the Annuity Program have grown from $0 in 1998
    to about $340 million.
    V. Health Care Benefits
        A. Five Free Years of Post-Career Medical Coverage: After the
    recent 2006 CBA extension, all vested players now receive 5 years of
    free post-career medical coverage for themselves and their families.

       In a recent 12 month period, Active Players paid $11.5
            million to provide this coverage to former Players. This
            coverage has been improved repeatedly since the 1993 CBA.

        B. Pre-Tax Deposits Into Health Reimbursement Accounts ($25,000 per
    year/$300,000 max): The 2006 CBA created a new plan that can be used by
    former players to pay for medical benefits or medical coverage after
    their 5 years of free coverage ends.
        Eligible players (playing in 2004 and after) are credited (i.e., as
    if deposited pre-tax into their own accounts) with accounts valued at
    up to $300,000 ($25,000 per season up to the maximum of $300,000) that
    can be used exclusively to pay their medical expenses (including
    insurance premiums) and the medical expenses of their family members.
        The player can use account to pay medical expenses--without paying
    taxes, throughout his life, and if any amounts are left over at his
    death, the account passes to his eligible beneficiaries.
        C. 88 Plan: The 2006 CBA also created a new and innovative medical
    benefit exclusively for former Players with dementia. This plan is
    called the ``88 Plan,'' in honor of former Baltimore Colts player and
    Hall of Fame member John Mackey, whose jersey number was 88.
        As far as we know, this is the first plan in the country that
    provides special benefits for employees who are afflicted with
    dementia, even when that dementia occurs decades after their employment
    has ceased.
        In May of this year, NFLPA Executive Director Gene Upshaw and
    Harold Henderson of the NFL Management Council were honored by the
    Alzheimer's Association in New York for this achievement.
        Although this Plan began in February 2007, it has already paid out
    over $500,000 in benefits. Like all other benefits for active and
    former players, this cost is paid for by the active players.
        As of mid-September 2007, the 88 Plan had received 79 applications.
    15 are pending. Out of the remaining 64, 60 have been approved, an
    approval rate of 94 percent.
    VI. Other Charitable Retired Player Programs
        Widows and Surviving Children Benefits: Under the 2006 CBA, the
    NFLPA was able to triple the benefits paid to widows and surviving
    children of former NFL Players.
        Players Assistance Fund: In addition to all of the above benefits,
    the Players Association has long had a fund, called the ``Players
    Assistance Fund,'' that provides up to $20,000 to players in need. Last
    year alone the Players Assistance Fund paid over $1 million to 146
    players in need, and provided almost $500,000 for scholarships and
    grants to charities.
        Retired Players Medical and Assistance Fund: The NFLPA/NFL
    recently-formed ``Alliance'' to coordinate medical support services for
    retired players in need of care--comprised of the NFLPA Players
    Assistance Trust (PAT), the NFL Alumni Association's Dire Need Fund,
    and the Hall of Fame Enshrinee Assistance Fund. In July 2007 these
    groups established an initial $7 million unified fund to pay for joint
    replacement surgeries and to address other financial hardships of
    retired players. Additional funding will be provided by current and
    retired players, and NFL clubs. The joint replacement surgeries will be
    available at no cost to retired players without insurance or with
    financial need. The NFLPA/NFL are in the process of identifying 10-15
    medical centers across the country to provide these surgeries.

        Senator Dorgan. Mr. Upshaw, thank you very much for being
    here and for your testimony.
        Commissioner Goodell, welcome. You may proceed.

               STATEMENT OF ROGER GOODELL, COMMISSIONER,
                        NATIONAL FOOTBALL LEAGUE

        Mr. Goodell. Chairman Dorgan, thank you. I know--members of
    the Committee, I know that we're pressed for time, so I'll move
    as quickly as I can.
        Good morning, and thank you for inviting me to appear today
    and testify on this very important subject. We, in the NFL,
    strive to do everything in a responsible and comprehensive
    fashion, and we can only benefit from objective, thoughtful
    reviews of our policies and our programs.
        I am joined here today by Harold Henderson and Dennis
    Curran, both who have been deeply involved in the development
    administration of player benefit programs for the past two
    decades. If you have any questions regarding individual cases,
    I'm certain that they, or one of Mr. Upshaw's colleagues, could
    respond better than I can today.
        I'm also joined by Jim Irsay, the owner of the defending
    Super Bowl Champion, Indianapolis Colts, who, like all NFL
    owners, has a keen interest in the welfare of our NFL alumni
    and has grown up in the NFL, just like I.
        I recently completed my first year as Commissioner. I have
    spent a considerable amount of time with retired players and
    listening to their views. And, while I would candidly
    acknowledge that we would have more work to do, I want to
    outline both the steps taken thus far and the framework within
    which we are approaching this issue, going forward.
        I begin from a premise which I think no one seriously
    disputes: the men who played professional football decades ago
    deserve our respect and recognition, and their contributions to
    our game must never be overlooked. I honor them, and neither I,
    nor the NFL clubs, will turn our backs on them. And this is not
    Gene Upshaw's problem alone, nor is it the NFL's. The
    responsibility for helping retired players belongs to all of
    us--NFL owners, the union, current and retired players, and me,
    as Commissioner. I must be compassionate, creative, and
    responsible.
        We are proud of the fact that player benefits steadily
    improved over time. While many businesses have terminated their
    pension plans, or turned them over to the Federal Pension
    Guaranty Board, we have both negotiated steady increases in our
    benefits and agreed to apply those increases on a retroactive
    basis. In the last 10 years, owners have increased their
    obligations by roughly $400 million, virtually all of which has
    been for the benefit of retired players. Our disability plan
    offers a range of benefits, including active football,
    inactive, and football degenerative, total and permanent
    disability benefits and line-of-duty partial disability
    benefits. We recently added another benefit, which Gene spoke
    about, known as the 88 Plan, which provides up to $88,000 per
    year for former players suffering from dementia, without
    requiring proof that the dementia is football-related.
        Benefits available under our disability plan have also
    grown substantially over the past 15 years. The football-
    related total and permanent disability benefit is now $224,000
    per year. An active player whose total and permanent disability
    is not related to football, but, rather, to an automobile
    accident or some other off-the- field incident, receives
    $134,000 per year. Former players with football-related
    degenerative disabilities receive $110,000 per year. These
    payments continue as long as he remains disabled.
        Players with at least 3 years of experience are eligible
    for benefits, even if the disability is not football-related.
    Eligible players can still apply for football degenerative
    benefits for up to 15 years after they retire from the NFL. The
    NFL plan provides for payment of disability benefits on a
    retroactive basis, so players are not prejudiced if there are
    delays in the application and administration process. And NFL
    disability benefits are not offset by medical or workers'
    compensation payments. We believe these features, far from
    being exclusionary, demonstrate our commitment to providing
    fair and generous benefits to players and their families. And
    the record bears them out. Since 2000, we have paid more than
    $110 million to players from the 1960s to the present who
    qualified for disability benefits.
        Like you, I have heard concerns expressed about red tape
    and the complexity of the application process. We have taken
    recent steps to address that problem, and I think there is more
    we can do. We have tried to ensure that the standards by which
    disability claims are evaluated are clear and understandable,
    and, therefore, more easily and evenly applied. Decisions
    regarding line-of-duty disability are based on standards
    developed by the American Medical Association. We also recently
    agreed to expand the standards for determining total and
    permanent disability. If a player has been determined to be
    eligible for disability benefits by Social Security, that will
    also apply for NFL disability payments.
        Our retirees have my personal commitment to continue the
    effort to identify and implement any reasonable procedural
    changes that would allow disability determinations to be made
    more quickly and reliably. And Gene and I have agreed to work
    hard on this issue.
        This does not mean that every person who seeks disability
    benefits will, or should, receive them. And it does not mean
    that mean, even if approved, every applicant will receive the
    amount he requests. But we will continue to strive to help
    those who need benefits or other support.
        Apart from addressing the workings of the disability plan,
    we have recently taken some additional steps to address
    specific needs of former players. Earlier this year, we joined
    the NFL Players Association, the NFL Alumni Association, and
    the Pro Football Hall of Fame to establish an Alliance to bring
    together different groups seeking to help retired players in
    need. As a first step, we agreed to create a fund, set
    initially at $7 million, to fund two specific medical
    initiatives. First, to provide full or partial funding of hip,
    knee, or shoulder replacement surgery and related
    rehabilitation for former players at a network of leading
    hospitals throughout the country that can guarantee quality
    care. Second, to provide an expanded national program of
    cardiovascular risk screening and education for former players.
    Apart from these two programs, we are also exploring ways of
    providing support for older players in need of assisted-living
    arrangements and other specific medical needs.
        Finally, we are expanding our outreach efforts to better
    identify former players with special needs so that our alliance
    can provide financial assistance to those proud former players
    and their families, who are sometimes hesitant to ask for
    assistance. As needed, our alliance will provide additional
    funding for these initiatives.
        Some of the leaders addressing this issue--former players
    like Jerry Kramer or Hall of Famers Coach Ditka, Willie Lanier,
    and Merlin Olsen--have met with us, and continue to do so.
    Today, there are approximately 4,900 NFL retired players
    eligible to receive disability benefits. Like many groups of
    that size, the circumstances vary widely. Fortunately, the vast
    majority remain active and productive, and do not need to be
    involved in the disability system. But we remain proud of the
    comprehensive and improving package of benefits provided to
    players, and we will continue working to do as much as possible
    to help those in need.
        Thank you for the opportunity to testify before your
    committee today.
        [The prepared statement of Mr. Goodell follows:]

              Prepared Statement of Roger Goodell, Commissioner,
                            National Football League
        Chairman Dorgan, Chairman Inouye, Vice-Chairman Stevens, and
    Members of the Committee:
        Good morning and thank you for inviting me to appear today and
    testify on this important subject. I do not believe that this subject
    is, or should be, immune from Congressional scrutiny. To the contrary,
    the National Football League has always strived to conduct itself in
    the public interest, and to do everything in a first-class way. We can
    only benefit from objective, thoughtful reviews of our policies and
    programs. And so I welcome the opportunity to be with you today.
        I am joined here today by Harold Henderson, our Executive Vice
    President of Player Programs, and Dennis Curran, our Senior Vice
    President and labor relations counsel. Both Mr. Henderson and Mr.
    Curran have been deeply involved for the past two decades in collective
    bargaining, including on player benefits, and in the administration of
    these benefit programs by the joint NFL/NFL Players Association
    Retirement Board.
        I recently completed my first year as Commissioner of the NFL.
    During that year, I have spent a considerable amount of time with
    retired players and on the concerns raised by a number of them. And
    while I would candidly acknowledge that we have more work to do, I want
    to outline both the steps taken thus far, and the framework within
    which we are approaching this issue going forward.
        In that context I should add that I cannot comment on the specifics
    of any individual case. In my role as Commissioner, I have not read the
    disability claims files, and I am not qualified to speak to the medical
    and legal issues raised in any individual case. Although I appoint one
    half of the Trustees on the Retirement Board, those Trustees act in a
    fiduciary capacity and I never discuss pending cases with them. Insofar
    as you may have questions regarding individual cases, I am certain that
    Mr. Henderson or Mr. Curran, or one of Mr. Upshaw's colleagues, could
    respond better than I can today.
        In considering the subject of benefits for retired players, I begin
    from a premise which I think no one seriously disputes--the men who
    played professional football decades ago deserve our respect and
    recognition, and their contributions to our game must never be
    overlooked. I honor them and their achievements and neither I nor the
    NFL clubs will turn our backs on them.
        Second, while it might be tempting to say--as some have--that this
    is Gene Upshaw's problem to solve, that is neither fair nor accurate.
    The responsibility for addressing the needs of retired players belongs
    to all of us. The retired players, the current players, the clubs, Gene
    as head of the Union, and I as the Commissioner--all of us have a role
    to play. We will continue to address this issue in a way that is
    compassionate, creative, and realistic.
        Third, just as it would be wrong to say this is Gene Upshaw's
    problem to solve, it would be wrong to say that the NFL can or should
    solve the problem by itself. While some may not believe this, the fact
    is that we cannot solve every problem of every type that has been
    identified, and certainly not in a way that will satisfy everyone. NFL
    clubs currently spend close to 60 percent of their gross revenues on
    player benefits and salaries. Our clubs contributed almost $150 million
    last year to finance medical, disability, and retirement benefits for
    former players, and during the term of our current collective
    bargaining agreement, we project that our clubs will spend more than
    $700 million to fund just this package of player benefits. Owners are
    responsibly addressing these concerns, but they are simply not in a
    position to absorb significant incremental costs.
        In meetings with Committee and personal staff, our office and the
    NFLPA have provided you with a comprehensive summary of the benefits
    provided to retired players. Those benefits have steadily improved over
    time, and among the benefits available to a player who retires from the
    NFL today are all of the following:

       A defined benefit pension plan with a benefit that is geared
            only to years of service, not to the player's earnings. If a
            player with 10 years of service begins to receive his pension
            at age 55, he receives $56,000 per year; if he waits until age
            65, he receives $147,000 per year. These amounts have grown
            steadily, and pension benefits have been increased in each new
            collective bargaining agreement over the past 15 years. For
            example, a player who retired 25 years ago--in 1982--and who
            begins to receive his pension at age 55 has seen his pension
            benefit credit more than double since he retired as a result of
            increases agreed to in collective bargaining.

       At a time when companies all over America--many of which are
            considerably larger than the NFL--have terminated their pension
            plans or turned them over to the Federal pension guaranty
            board, we have both negotiated steady increases in our
            benefits, and agreed to apply those increases on a retroactive
            basis. In our most recent agreement in 2006, we agreed to
            increase pension obligations by more than $200 million. In the
            last 10 years, we have increased those obligations by roughly
            $400 million--virtually all of which has been for the benefit
            of retired players. I think everyone would agree that this is a
            substantial additional commitment by our member clubs to former
            and current players.

       We also offer a 401(k) plan, in which player contributions
            are matched on a 2:1 basis by the clubs up to $20,000 per year.
            Players have access to these funds as early as age 45.

       A player annuity plan, under which eligible players receive
            an NFL contribution of $65,000 per year to provide transition
            income to players. They have access to these funds as early as
            age 35.

       Five years of post-career medical care and a health
            reimbursement account of up to $300,000 for use later in life.

       A lump sum severance benefit paid upon retirement from the
            NFL based on the number of seasons played.

        We also, as the Committee knows, have a disability plan which
    offers a range of benefits, including Total & Permanent, Football
    degenerative, and ``Line of Duty'' benefits. We recently added another
    benefit, known as the ``88 Plan,'' which provides up to $88,000 per
    year for former players suffering from dementia, without requiring
    proof that the dementia is football related. For other categories of
    disability, the benefits range from $18,000 per year to $224,000 per
    year, depending on the nature and severity of the disability. These
    benefits are in addition to any state workers' compensation. In
    addition, not all disability benefits are based on a complete inability
    to work.
        Benefits available under the disability plan have also grown
    substantially over the past 15 years. An active player who qualifies
    for football-related Total & Permanent disability has seen his annual
    benefit increase from $48,000 in 1993 to $224,000 today. An active
    player whose Total & Permanent disability is not related to football
    has seen his annual benefit grow to $134,000. And former players with
    football-related ``degenerative'' disabilities have seen their annual
    benefit grow from $75,000 in 1993 to $110,000 today. These are annual
    amounts paid to the player as long as he remains disabled.
        Our disability plan has a number of features that make it unique
    and superior to many other plans. I am told that most American workers
    have no employer-provided disability benefits. A report released last
    month by the Labor Department showed that barely 3 out of every 10
    workers in the private sector have access to long term disability
    coverage. In certain sectors of the economy that might be perceived as
    higher risk, the rate of coverage is ever lower.
        The NFL Plan covers all players with at least three seasons of
    experience (four years for players retiring before 1993) and provides
    for benefits even if the disability is not football-related. With as
    few as 3 years of NFL experience, a former player can receive benefits
    from the NFL disability plan even if his disability results from a car
    accident, a fall at home, or some other everyday cause. Moreover,
    eligible players can still apply for football degenerative benefits for
    up to 15 years after they retire from the NFL.
        The NFL Plan provides for payment of disability benefits on a
    retroactive basis, so players are not prejudiced by delays in the
    application and administration process. A player who is approved will
    receive benefits retroactive to his date of application. If the
    disability precedes the application, the player can receive up to 42
    months of benefits on a retroactive basis. And, finally, NFL disability
    benefits are not offset by medical or workers' compensation payments,
    or any other NFL benefits, such as injury protection or severance pay.
    As the Committee knows, the workers' compensation system provides
    lifetime medical and other benefits to players. NFL disability benefits
    are in addition to any payments received from those systems.
        We believe these features, far from being exclusionary, demonstrate
    our commitment to providing fair and generous benefits to players and
    their families. And the record bears that out--since 2000, we have paid
    more than $110 million to players from the 1960s to the present who
    qualified for disability benefits.
        Like you, I have heard concerns expressed about ``red tape'' and
    the complexity of the application process. We have taken recent steps
    to address that problem, and I think there is more we can do. One area
    of frustration is the Plan's ``Initial Claims Committee.'' This arises
    out of new regulations adopted by the Labor Department in 2002. At the
    time these regulations were being considered, we filed comments with
    the Department noting that these regulations would likely have the
    effect of slowing down decisions on disability claims, and urged that
    they not be adopted. As we said at the time, because of the sometimes
    complex nature of disability decisions, including the need to have
    medical examinations completed by neutral physicians, and the reports
    analyzed within 45 days, the new rules ``will only force faster
    denials.'' The requirements imposed by the Labor Department have had
    the unintended consequence of making the application process longer and
    more complex, as our people feared at the time they were proposed.
        In the future, we can look more closely at how we decide which
    cases need to be reconsidered. The statistics show that an overwhelming
    number of recipients are approved to continue their benefits, which
    rather strongly suggests that we may not need to review and reconsider
    cases as often as we have in the past. We have begun that process by
    reducing the frequency of medical re-evaluations from annually to once
    every 3 years for players receiving Total & Permanent disability
    payments.
        When decisions need to be reconsidered at the Board level, we will
    begin making decisions outside of the Retirement Board's quarterly
    meetings. Thus once an application is complete, or additional medical
    evaluations have been received, the Board can consider and vote on the
    application by fax or e-mail. This simple change will allow more
    expedited processing of applications.
        Finally, we have tried to ensure that the standards by which
    disability claims are evaluated are clear and understandable, and
    therefore more easily applied. As one example, decisions regarding
    ``Line of Duty'' disability, which is a partial disability arising from
    football, are based on standards developed by the American Medical
    Association. We also recently agreed to expand the standards for
    determining Total & Permanent disability by incorporating the medical
    findings of the Social Security Administration. If a player has been
    determined to be eligible for disability benefits by Social Security,
    no separate medical assessments will be needed. Instead, the
    determination of the Social Security Administration will govern the
    former player's medical eligibility for NFL disability benefits. Our
    retirees have my personal commitment to continue the effort to identify
    and implement any reasonable procedural changes that would allow
    disability determinations to be made more quickly and reliably. To that
    end, we have enlisted the assistance of independent counsel and benefit
    consultants to advise us on best practices with respect to disability
    plans and to recommend steps we can take to improve the administration
    of the Plan.
        This does not mean that every person who seeks disability benefits
    will, or should, receive them. That needs to be understood by all
    parties. Disability benefits are meant to assist people who cannot
    work, not simply that they can no longer play professional football. No
    disability plan, whether sponsored by a private insurer, by an
    employer, or by the Federal Government, provides benefits to anyone who
    applies. And it does not mean that, even if approved, every applicant
    will receive the amount he requests. But we will continue to strive to
    do better, and to be seen as doing better.
        I now want to address certain allegations about the manner in which
    decisions are made on disability applications. The administration of
    the disability plan is governed by Federal law and by regulations
    established by Federal agencies. The Plan operates as required under
    those regulations, including the use of an Initial Claims Committee,
    neutral physicians, and the associated time limits. The people who make
    decisions act as fiduciaries, who are obligated to follow the law and
    the terms of the Plan.
        There are those who claim that disability applications are
    nonetheless denied as a result of some sort of grand labor-management
    conspiracy. This claim assumes that an extraordinary number of people--
    myself, my predecessor, Gene Upshaw, the Trustees, the Plan
    Administrator, the neutral doctors, Plan counsel, and their various
    staffs--have all agreed to deny benefits without regard to whether an
    applicant actually qualifies.
        Those who adhere to this theory also dismiss that Federal courts
    throughout the country have upheld the Retirement Board's decisions in
    24 of the 25 cases that have been litigated. The critics explain that
    away by saying that the standard of review is too deferential, ignoring
    that the standard is set by Federal law, not by the NFL, and is
    consistently applied in reviewing decisions by benefit plan
    administrators and fiduciaries in all sectors of the American life.
        But no matter how deferential the standard of review may be, no
    court would defer to a decision tainted by collusion or conspiracy. The
    simple reality is that no such claim has ever been proved and no court
    has ever made such a finding. These charges are as cynical as they are
    unfounded, and the Committee should not dignify them here.
        There is one other myth about decision-making that should be
    dispelled--that being that many players are either denied benefits
    altogether, or forced to endure extraordinary delay, because the Union
    and management trustees routinely divide 3-3 on applications. There is
    no basis whatsoever for this suggestion. In fact, since the Initial
    Claims Committee was put into place in 2002, it has deadlocked on only
    six claims in a line-of-duty disability and only 32 cases of Total &
    Permanent Disability. Every other claim filed--almost 600 claims--was
    decided unanimously, one way or another.
        Where claims are appealed to the Retirement Board, the same is
    true. The Board seldom splits in its votes. And even if there is a
    split in the Retirement Board, the case is referred to a neutral
    physician, called the Medical Advisory Physician. That doctor's report
    is final and binding. That report decides the case--not the Union
    trustees or the Management Trustees.
        Apart from addressing the workings of the disability plan, we have
    recently taken some additional steps to address specific needs of
    former players.
        Earlier this year, we joined with the NFL Players' Association, the
    NFL Alumni Association, and the Pro Football Hall of Fame to establish
    an ``Alliance'' to bring together the different groups seeking to help
    retired players. As a first step, we have agreed to create a fund, set
    initially at $7 million, to fund two specific medical initiatives.
        First, to provide full or partial funding of hip, knee or shoulder
    replacement surgery and related rehabilitation for former players at a
    network of leading hospitals throughout the country.
        Second, to provide an expanded national program of cardiovascular
    risk screening, and education for former players.
        Apart from these two programs, we are also exploring ways of
    providing support for players in need of assisted living arrangements,
    and other specific medical needs.
        Finally, we are expanding our outreach efforts to better identify
    former players with special needs, so that our Alliance can provide
    financial assistance to those proud former players and their families
    who are sometimes hesitant to ask for assistance.
        We recognize that this is not a short-term problem. Some of the
    leaders addressing this issue--former players like Jerry Kramer or Hall
    of Famers Willie Lanier and Merlin Olsen--have met with us and continue
    to do so. I am sure that together we have the resources, creativity and
    determination to make a real difference in the lives of our former
    players.
        There are today approximately 8,000 active and retired NFL Players.
    Like many groups of 8,000 people, their circumstances vary widely. We
    are proud of the comprehensive and improving package of benefits
    provided to players, and we will continue working to do as much as
    possible to help those in need.
        Thank you for the opportunity to testify before your Committee
    today.

        Senator Dorgan. Commissioner Goodell, thank you very much
    for being here, and for your statement.
        Mr. Mike Ditka, from--player, coach, Chicago Bears.
        Mr. Ditka----

     STATEMENT OF MIKE DITKA, MEMBER, NFL HALL OF FAME; FORMER NFL
                  PLAYER, CHICAGO BEARS, PHILADELPHIA
            EAGLES, DALLAS COWBOYS; AND FORMER HEAD COACH,
                   CHICAGO BEARS, NEW ORLEANS SAINTS

        Mr. Ditka: Whatever.
        [Laughter.]
        Mr. Ditka. Mr. Chairman and distinguished members of the
    Committee, I'm--I appreciate you being here, but I'm not sure I
    really understand it. The Congress of the United States of this
    great country has a lot more important things to do than this.
    And it's a shame that it's come to this. But it has come to
    this.
        I want to clarify one thing. We've had one of my former
    players take some pretty good potshots, and that seems to be
    his nature. I'm not mad at anybody, especially this man or that
    man. The system's broken. Fix it.
        Football--and listen to me--football owes me nothing. Not a
    thing. But I owe everything I have in life to this great game.
    From high school to college to professional, I've been able to
    participate as a player, an assistant coach, a head coach, for
    almost 50 years in this League, and now I'm an expert, I get to
    talk about it. That's pretty interesting.
        The system is broke, fix it. They know what's broke, they
    know how to fix it. We're not talking about the money.
    Everybody knows the money's there. Fix the system. Don't make
    proud men beg. Don't make 'em jump through hoops. They have
    dignity. Let people live out their lives with some respect,
    that's all I'm asking. I'm not asking for an increase in my
    pension, as has been mentioned. Nobody cares about that stuff.
    And it was thrown up, what I get in my pension. I also waited
    to age 65 to get it. That--I'm entitled to that. I played in
    this game. But the guys who--these players, today, say, ``Well,
    they're doing--they're making all these contributions to the
    former players.'' They should. The former players are the
    reason this League is what it is, not the total reason, they're
    not the whole of it, they're part of it. The players today are
    only the keepers of a great game. The makers of a great game
    came a long time ago, and will continue to come, long after
    these guys are gone. Just let them live out their life with a
    little bit of respect.
        We started a Hall of Fame Assistance Dire Need Fund about 8
    years ago from a golf tournament I have. We've been giving
    money to former Hall of Famers--or Hall of Famers, and,
    actually, former players who aren't Hall of Famers. And we've
    been helping 'em out. It's a little, here. It's $10,000, it's
    $5,000, it's $2,500--it's no big deal, but it helps out. They
    need the help. And they're not--they don't even know where to
    go to get other help.
        Now, maybe this is being--they're being made more aware of
    the situation and how to get help. But all we're saying is,
    hey, you know, nobody's mad at anybody. I'm grateful. I just
    think--this shouldn't be happening. I really mean that from the
    bottom of my heart. You people have more important things to do
    than what we're doing. And I hope it doesn't come down to--any
    decisions you have to make, I want you to hear the story. The
    League--this man is a good man, he's got a good heart. Gene
    Upshaw, I'm sure, is a good man with a good heart. Do the right
    thing. Fix the system. Quit arguing about it. Everybody'll go
    away. And--especially me, because I didn't ``chose'' this, it
    chose me, believe me. This is not what I'm looking to be doing,
    believe me.
        So, I just want to tell you, I have no charts to show you,
    if--you'll be grateful of that.
        [Laughter.]
        Mr. Ditka. Thank you for your time, and I do apologize. I
    mean it.
        [The prepared statement of Mr. Ditka follows:]

    Prepared Statement of Mike Ditka, Member, NFL Hall of Fame; Former NFL
    Player, Chicago Bears, Philadelphia Eagles, Dallas Cowboys; and Former
                 Head Coach, Chicago Bears, New Orleans Saints
        Chairman Inouye, Subcommittee Chairman Dorgan, Ranking Member
    Stevens, Subcommittee Ranking Member DeMint, Members of the Committee
    and distinguished guests, my name is Mike Ditka. I played for the
    Chicago Bears and the Dallas Cowboys from 1961 to 1972. I also was an
    assistant coach for the Cowboys and the head coach of the Bears 1985
    Super Bowl championship team. Since 1992, I have been involved in
    broadcasting of NFL games as a color commentator and analyst, as well
    as other business ventures. I have been fairly successful and, at the
    outset, I'd like to clarify that nothing could interest me less than
    the size of my own NFL pension. I am here today on behalf of many other
    retired NFL players who have not been as fortunate as I in the years
    since their retirements because the injuries they received playing the
    game of football prevented them from making a living.
        For some time, now, I have been involved in charitable efforts to
    aid disabled and economically challenged NFL retirees through nonprofit
    organizations such as the Gridiron Greats and the Mike Ditka Hall of
    Fame Trust. For some time, these and other organizations have picked up
    the slack left by an NFLPA that does not do enough for disabled retired
    players and an ownership that seeks to avoid doing anything at all,
    both of which seem to have handed the operations of the Plan to an
    aggressive litigation firm charged with delaying or denying every
    legitimate claim that players bring forth. What these charities do, all
    they can do, is place a band-aid upon the huge wound these other groups
    are, at best, ignoring by minimizing it's gravity and keeping it's true
    extent secret. We will continue to do this work as long as the problem
    exists. But we will also continue to point out the responsibility the
    other parties I've mentioned have for perpetuating and worsening this
    problem, and their corresponding duty to shoulder the burden of fixing
    it before those who suffer under the current system conveniently die
    and reduce the excess financial burden upon the Plan's funds.
        I'd like to address the question of disability pensions under the
    Bert Bell Retirement Plan. It is hard to say what is more disturbing:
    what we know, or what we don't know. What we know is bad enough. To
    start with, the Plan provides disability benefits to too few players
    (no more than 200 or so, although this statistic often goes up or down
    in statements by the Plan's lawyers). According to the Plan, there are
    more than 7,000 retired players who are entitled to receive some kind
    of retirement benefit. (The actual number is probably significantly
    higher, but I'll use 7,000 here to describe the Plan as generously as I
    can.) This means that, at most, 3 or 4 percent of retired players are
    receiving any kind of disability benefit. And this is in a game that
    pushes most players out of the league within a few years--often due to
    injury (the average playing career is around 3.5 years). It is a
    collision sport, not merely a contact sport, which is probably the most
    violent public spectacle since the gladiatorial games. So the idea that
    only three or four out of every 100 retired players are entitled to ANY
    kind of disability benefit (not just the top level, but any kind at
    all) just clashes with common sense.
        On top of that, look at the number of retired players who have
    received disability benefits for brain injuries caused by multiple
    concussions. Again, according to statements by the Plan's lawyer in
    Sunday's Charlotte Observer, there have only been four--ever, in
    history! One of them was Mike Webster. And the Plan's representatives
    claim not to know the number of players who have applied for disability
    due to such injuries. Anyone who has played the game, especially in the
    recent past when it was often played on a concrete parking lot covered
    with a quarter-inch layer of indoor-outdoor carpeting called
    ``Astroturf'', will tell you that NFL football often results in
    concussions and that players commonly receive multiple concussions over
    the course of their careers. Again, the idea that only four men who
    have ever played pro football have had disabling brain injuries just
    doesn't make a lot of sense.
        Why don't more players receive the disability benefits they need?
    There are lots of answers, starting with the bargaining process between
    the union and the NFL. Gene Upshaw described his attitude toward the
    retired players last year, when he told a newspaper that retired
    players ``don't hire me and they can't fire me. They can complain about
    me all day long.'' It's possible that the union leadership doesn't push
    harder for fair disability benefits because they think it might mean
    less for current players. But part of the job of union leadership is to
    explain to current players that they could be ex-players next week or
    next month, as a result of injuries or salary cap decisions. It's
    actually in the interests of current players to push hard for fair,
    generous disability benefits--and to get that money from both the team
    owners and from current players.
        Look at it this way: the Plan says that retired players receive
    only $20 million per year in disability benefits today. The players'
    share of revenues under the salary cap system is about $4 billion a
    year. Tripling the disability payments to $60 million--an increase of
    $40 million--would be only 1 percent of the players' total share. If
    the players and the owners each gave an extra .5 percent of the
    player's current share for disability pensions, they could easily cover
    this amount.
        Another big barrier to fair disability benefits is the way the Bert
    Bell Plan is run. We've heard the same stories from too many retired
    players to chalk this up to complainers, the way the Plan would like to
    have it. All claims are reviewed by two office staff who possess no
    relevant skills for reviewing disability claims. If they deadlock, the
    claim is denied. None of the members of the Retirement Board have any
    medical training, and several of them have close ties to the union
    president--including the agent who negotiated Mr. Upshaw's $7 million
    contract. The Plan will delay decisions over and over again--Mike
    Webster's case took 4 years before he had a final decision. Often these
    delays are so that the Plan can request multiple reports from doctors
    in the same specialty or closely related ones--``doctor shopping'' is
    the right word for it. We all know that if you ask for enough medical
    opinions, someone will eventually find that there is no disability, or
    disability at a lower level. And the Plan spends extraordinary amounts
    on its attorneys--$3.15 million last year. In fact, that's almost one-
    sixth of what the Plan claims it spent on all disability payments. Once
    again, those numbers just don't add up.
        All of this suggests that, under the Bert Bell Plan, the main
    emphasis is on minimizing the benefits paid out, not on making sure
    it's done fairly. The website for the Plan's lawyers has boasted about
    how many times they have defeated claims by retired players. But the
    number of lawsuits suggests that something is broken in the Board's
    procedures. According to the Plan's attorneys, it has been sued by
    almost one-quarter of the retired players whose claims were denied.
    This is not the sign of a healthy process.
        If you want to get an idea of how the Plan really works, take a
    look at the Mike Webster case. Here was a guy who started almost 250
    games for the Steelers, and played every offensive down for six
    straight seasons. He wasn't called ``Iron Mike'' for nothing. He played
    when the head slap was legal, and probably had thousands of serious
    hits to his head and dozens of concussions. He couldn't work after he
    retired, and was hired by the Kansas City Chiefs as a favor. His
    friends told the pension plan's investigator that he wasn't right
    mentally and never held a job. But the Bert Bell Plan told Mike that
    his brain injuries weren't the direct result of playing football, and
    told him that he wasn't disabled until years after he retired. They
    ignored the opinion of their own doctor, and refused to look at the
    evidence from Mike's doctors. And it took so long to decide his claim
    that he died in 2002 before the Plan had made a final decision.
        After he filed suit, the first judge who looked at the case said
    that given the overwhelming evidence, the Bert Bell Plan had probably
    acted in bad faith. Did the Plan pay Mike's children then? No. They
    appealed. And this time it was three judges in a Court of Appeals that
    said the Plan had ignored the unanimous medical evidence. They said it
    would require a ``leap of faith'' to agree with the Plan. And so the
    Plan paid hundreds and hundreds of thousands of dollars in attorneys'
    fees to fight the case, and also paid for the time that Mike's
    attorneys spent pursuing it. That helps explain why the Bert Bell Plan
    ran up a $3.5 million bill for attorneys last year--money that could
    have gone to injured players. And even today, just a week ago,
    representatives of the Players Association claimed that Mike Webster
    was actually working after he retired from football. That's not true,
    and they know it.
        I've talked about some of the things we know about the Bert Bell
    Plan. But it's just as important to point out what we don't know, and
    what I hope this Committee can help find out through the hearing and
    oversight process. Right now, the Plan gives out virtually no
    information about the number of players receiving disability benefits,
    how many people get each type of benefit, even the total dollars paid
    out each year for disability. The information that gets handed out by
    the Plan--only in response to Congressional and media scrutiny--is
    fragmentary and unreliable. What we really need is full disclosure by
    the Bert Bell Plan of all the key information behind the disability
    benefits, so that the retired players, and the union, can negotiate for
    better procedures, changes in the way the Plan is administered, and
    more money for disabled retirees. I hope that this kind of necessary
    disclosure is one result of this Committee's work, and I look forward
    to working with you so that the great men who built this league can
    lead lives of dignity after their retirement.

        Senator Dorgan. Mr. Ditka, thank you very much.
        The baseball folks said no one has any business holding
    hearings on steroids, either.
        Mr. Ditka. Yes.
        Senator Dorgan. But the fact is, because there were
    hearings on steroids, the changes were made in baseball in a
    very significant and a very positive way. Perhaps public
    pressure is important when you're talking about people's lives,
    people who can't get up and walk in the morning, and so on. So,
    I understand, I don't--my preference is that--although there is
    an antitrust exemption and various things, my preference is
    that Congress do nothing more than hold hearings and applying
    some pressure, and, perhaps, through that approach, we'll get
    to the right result.
        Mr. Gale Sayers, Chicago Bears, Hall of Fame.

    STATEMENT OF GALE EUGENE SAYERS, MEMBER, NFL HALL OF FAME; AND
                    FORMER NFL PLAYER, CHICAGO BEARS

        Mr. Sayers. Thank you, Mr. Chairman, members of the
    Committee, distinguished guests.
        My name is Gale Sayers. I was a running back for the
    Chicago Bears from 1961--1965 to 1971, when my career ended as
    a result of a knee injury. I have since had rewarding careers
    in athletic administration and sports marketing. I started a
    computer business, in 1983, which has grown into a major
    provider of technology products and services. In short, I'm a
    man truly blessed by God and life, like my friends, Mike Ditka
    and Gene Upshaw.
        I'm not a typical NFL retiree who has suffered through the
    disability process we discuss today. As a board member of a
    charity that helps retired players, however, I have seen many
    horror stories. I am here for those who are not as lucky as I
    was. I'm also here as a member of the NFL family who is worried
    about the effects of--our broken disability system is having on
    the entire game. At its best, football is a family, but extreme
    success has strained its relationships. Today, the NFL is a $7-
    plus billion industry, yet it still struggles to do right by
    the retired players whose sacrifices built this game.
        I believe this failure is at the core of a general crisis
    in the game. You've been hearing about the symptoms almost
    every day. What family can remain healthy if its younger
    players are convinced that every dollar spent on the health of
    its elders is a dollar out of their pockets? Does that message
    promote the respect among generations that support rules of
    good conduct? Doesn't this attitude endorse the selfish
    behavior we observe in some young players? The current
    disability system routinely bars retired players from fair
    access to disability payments that offer a minimum standard of
    care. This is not the way a family works, and is not the face
    the NFL should be--to--should present to the world, to the
    other families that pay for the tickets, the TV subscriptions,
    the hotdogs and jerseys.
        I do not blame anyone for this failed system, but we will
    all share the blame if we don't pull together and fix it now,
    while these players are still alive and in need.
        I heard Gene speak about his efforts to obtain more
    benefits for retirees. I take him at his word. But whatever has
    been done to date has not been enough, because the problem is
    still there. He, the NFLPA, and today's players must do more.
    I've also heard a statement attributed to Mr. Goodell that the
    owners see this 40:60 revenue split with the active players as
    so generous that they cannot do more for retired players. I'm
    glad to hear him say that, you know, the owners take, you know,
    a stake in helping the retired players.
        This problem belongs to the entire NFL family, including
    the owners. As for the charitable efforts that retired players
    have engaged in for the disabled among us, they will continue.
    We will all know when we've done enough, because the problem
    will simply not exist anymore. Until then, there is
    responsibility to take and work to do. Some legislative action
    might help this situation, but today I want to make a more
    immediate appeal to the Committee. Please help us try to fix
    this problem. You call this an oversight hearing, and I think
    that's just what we need. At its best, football is a family
    with no need for an overseer, where bargaining power is not an
    issue. But, in this new rich NFL, bargaining power is crucial,
    and the retired players have none without your help. I don't
    ask you to play for our side, only keep the game fair and keep
    it going until the job is done. I ask this committee to take
    oversight over a bargaining process among all of the parties
    represented at this table by asking for periodic reports to the
    Committee on our progress, perhaps every 30 days or so. If you
    do this, I think we can get the job done.
        For my part, if you will be the referee, I promise to give
    you my best game.
        Thank you for your consideration and for your oversight on
    this very important subject.
        [The prepared statement of Mr. Sayers follows:]

      Prepared Statement of Gale Eugene Sayers, Member, NFL Hall of Fame;
                      and Former NFL Player, Chicago Bears
        Chairman Inouye, Subcommittee Chairman Dorgan, Ranking Member
    Stevens, Subcommittee Ranking Member DeMint, Members of the Commerce
    Committee and distinguished guests, my name is Gale Sayers. I was a
    running back for the Chicago Bears from 1965 to 1971, when my career
    ended as a result of a knee injury. I have since had rewarding careers
    in athletic administration and sports marketing, until I launched a
    business in 1983, which has grown into a major provider of technology
    products and services. In short, I am a man truly blessed by God and
    life, like my friends Mike Ditka and Gene Upshaw. Like them, as well, I
    am not at all a typical NFL retiree who suffered a career-ending injury
    and then suffered again through the current disability process that is
    the subject of today's hearing. But my own blessings bring
    responsibilities, and I am here for those who were not as lucky as I
    was, many of whom have gone through that unfortunate experience. As a
    board member of a charity that helps retired players, I have heard many
    of their horror stories and I want that system reformed. Moreover, as
    Mike has often said, football owes us nothing and we owe football
    everything. I agree. So, as I see it, I am here for football, too--a
    game I love and a family I love. As a member of that family, I am
    worried about the effects our broken disability system is having on the
    fabric of the entire game. I call football a family because that's what
    it has always been at its best. Now, families don't always get along
    perfectly. Ask my old friend and teammate, Dick Butkus, about
    negotiating a contract personally with our old coach and owner, George
    Halas, as was the common custom in my day, and you might hear a
    response that I would not dare put in writing before the eyes of the
    Senate. If, however, you were to speak harshly of Mr. Halas yourself,
    Dick would jump to the defense of ``Papa Bear'' the way any of you
    would respond if a stranger criticized a member of your own family. The
    violent nature of our game makes us pull together like family members.
    When someone is playing hurt, we all know in the locker room. We
    protect the secret so he won't be vulnerable, and we watch his back
    during the game in an effort to protect him from further injury. Like a
    family, we watch out for one another.
        Extreme financial success can put strain on any family's
    relationships. The football family is no exception. Today, the NFL is a
    $7-plus billion per year industry, yet it still struggles to do right
    by the retired players whose blood, sweat and sacrifice built the game.
    Sometimes it seems as if football has been torn apart by its own
    success. I believe that is what has happened with the NFL today. I also
    believe that the failure to address this disability issue is at the
    core of a more general crisis in the game. You've been hearing about
    the symptoms of that crisis almost every day recently. But what family
    can remain healthy if its senior members are thought of as a useless
    burden on its budget? Or if its younger members accept the idea that
    every dollar spent on the health of their elders is a dollar out of
    their pockets? Will that family engender respect among its generations
    and a sense of authority to support rules of good conduct or common
    sense? If this disrespect for the history of the game, which is
    embodied in its retired players, is allowed to continue unchallenged,
    if generations of older players continue to be seen as expensive and
    irrelevant, can anyone be surprised if the recent displays of
    selfishness, irresponsibility, even of criminality, continue to be
    exhibited by growing numbers of young players? When families break down
    in this way, such behavior is always the result.
        When I came into the league, older players and retired players
    were, generally, treated with respect and seen as sources of authority
    and wisdom. Reverence for them inspired reverence for the game itself,
    its history, its rules and the need to project some image of integrity
    to the fans who, believe it or not, look to football as more than just
    a game on the field. This reverence for the people who built the game
    is no longer common and the results are on display everywhere. I'm not
    saying my generation of players was a bunch or angels or that the
    current one is the opposite--far from it. I see a young man like
    Ladanian Tomlinson or Peyton Manning and I know there is still a sense
    of stewardship and honor alive among the current generation. But that
    ethic is coming under greater attack today than ever before and
    exclusive worship of the bottom line is eroding the strength the game
    derives from the extended family culture it was founded upon
    generations ago. We need to turn that around and we must begin that
    effort today.
        We at this table, all members of football's family, must pull
    together and fix this disability problem. If we fail to do so, I
    believe we will continue to see more and more signs of moral and social
    decay in our game. If we succeed, however, I believe many good things
    will follow. I truly believe we can pull together as a family and save
    our game, but I am also certain that we will need the help of this
    Committee to do so, as I will explain.
        The current disability system routinely bars retired players from
    fair access to disability payments that offer a minimal standard of
    care. The word often heard is that the inconvenient ``problem'' of
    disability will eventually pass away--a nice way of saying that the
    retirees themselves will conveniently die. This is not the way a family
    should work and it is not the face the NFL should present to the
    world--to the other families that pay for all the tickets, the TV
    subscriptions, the hot dogs and the jerseys. A game worth over $7
    billion per year owes the fans that support it something more than just
    a mirror held up to all of society's problems. Much is given to this
    game, so much should be expected of it, I would argue, and the game and
    its players should be held up to a higher standard. My friend Charles
    Barkley once famously said, ``I am not a role model.'' He meant that as
    a caution to society at large not to hold up athletes up as heroes. I
    agree with that warning wholeheartedly, but I do not agree that
    athletes, as public figures, and the games that benefit from presenting
    their images to the world, do not have a special burden of
    responsibility to the public. This is not something we choose, it is
    something that is thrust upon us as and we must accept some sense of
    responsibility because, frankly, children are watching. Their parents
    should pay heed to Charles' warning and teach their children
    accordingly, but it is our responsibility and the game's to act as if
    they cannot.
        The image this disability issue projects to the public is beneath
    the dignity of the NFL and it must come to an end before it damages our
    relationship of trust with the fans. I do not blame any single person
    for this failed system, whether at this table or elsewhere, but we will
    all share the blame if we don't pull together and fix it now, while
    these players are still alive and in need. If we do not do so, if we
    simply allow this problem to ``solve'' itself by waiting for a
    generation of gravely injured retirees to die before they can succeed
    in claiming disability support to which they have a right, then the
    stain upon the game and it's history will never be removed.
        I have heard Gene speak of his efforts to obtain more benefits for
    retirees. I take him at his word. But whatever has been done to date
    has not been enough because the problem is still with us. He, the NFLPA
    and today's players must do more to fund this system adequately.
        I have also heard a statement attributed to Mr. Goodell that the
    owners consider their 40-60 revenue split with the active players to be
    so generous that they cannot do more regarding disability for retirees.
    I want to believe that this was a misunderstanding or misquote and I
    hope he will correct it here today. But if it is a true reflection of
    the owners' sentiments, then it is an absolutely inadequate response
    and an evasion of responsibility to the game and the people who built
    it into the financial success the owners enjoy today. As Gene has often
    pointed out, neither the ownership nor the NFLPA directly represented
    the interests of retired players in collective bargaining, so the
    revenue split produced by that bargaining offers the owners no shield
    whatsoever from their responsibilities to disabled retirees.
        No, this problem belongs to the entire NFL family and the owners
    are not exempt from their proportionate share. I'm glad the NFL has
    hired a ``crisis manager,'' but I disagree with their definition of
    this ``crisis'' if it simply means that they might have to spend some
    more money on healthcare for the men who helped build their fortunes.
    The crisis, to me, is this broken system that dishonors our game by
    compounding the injuries suffered in honest competition by its retired
    players, and ``managing'' this crisis must not mean finding ways for
    the NFL owners to evade their responsibilities. This is not just
    another stadium that will be built with public money if the owners
    threaten to leave town. This is a system that demoralizes, shames,
    bankrupts, injures and, at the extreme of it's cruelty, even kills
    people. Everyone is responsible for a share of curing this misery.
        I thank the NFL and the Players Association fo proposing their new
    ``Alliance'' plan. It is an important step in that it is a public
    recognition that this serious problem exists. As a substantive response
    to the problem, however, it falls far short. That was predictable
    since, unfortunately, virtually none of the people on the retirees'
    side of the ball who have worked on this issue for years were invited
    to contribute to that proposal. Perhaps because the collective
    bargaining process has habituated them to think this way, the NFL and
    the NFLPA are, unfortunately, accustomed to keeping the retirees locked
    out of actual discussions concerning their fate. As such, as was done
    with this plan, they simply hand us a plate that we didn't order and
    tell us to eat it with full enjoyment. This is not an adequate way to
    construct a plan for the retirees care and, therefore, this plan is not
    as good as the one we could have hammered out together. We must do
    better. We can. To do so, we must come together and negotiate. For
    that, as I said, we will need the help of the Senate.
        As for the charitable efforts in which we retired players have
    engaged for the sake of our NFL family members, as Mike has said, they
    will continue. We must do more, too, and we will. But such private
    charity is a mere band-aid upon this enormous systemic problem. It
    cannot ever substitute fully for responsible engagement with the
    problem on behalf of the rest of the NFL family, the owners and the
    NFLPA, which are obviously not doing enough. We will all know when
    we've done enough because the problem will simply not exist anymore.
    Till then, there is responsibility to take and work to do.
        But funding this system adequately is not the only problem that
    must be addressed. The unfairness of the system's procedures must be
    reformed immediately, before they do further harm to retirees and their
    families. Inconsistent and arbitrary administration of retirement
    benefits is common under the Plan and the tragic consequences are
    everywhere. Because of weaknesses in the Employee Retirement Income
    Security Act, which is the Federal employee benefits law regulating
    employee benefit plans, including the Plan, and the Federal Labor
    Management Relations Act, which regulates collective bargaining, those
    practices have been allowed to continue. I would direct the Committee's
    attention to the letter provided it by my fellow Kansas Jayhawk alumus
    and running back for the San Francisco 49ers. Miami Dolphins and Green
    Bay Packers, Delvin Williams, for a fuller discussion of these issues
    and an example of the punitive lengths to which the representatives of
    the disability plan have gone in litigation against a disabled player
    who dared to pursue his rights in court. Because that letter treats
    these issues in detail, I have attached it to this testimony as an
    ``addendum'' and ask the Committee to accept it into the record as an
    extension of my own remarks.

        Here are but some of the problems I see in the Plan, as it exists
    today, which I hope can be addressed in negotiation or, failing that,
    through legislative action:

            1. There is no one on the Retirement Board of anyone with a
            sufficient incentive either adequately to represent the
            interests of the disabled retired players or to ensure that
            benefits are provided uniformly and objectively. Indeed, there
            are inherent conflicts of interest among members of Retirement
            Board in favor of the owners of the NFL teams and the active
            players.

            2. Many severely disabled retired players have had their valid
            disability benefit claims denied because there is no objective
            oversight over the actions of the Retirement Board and its
            staff and the members of the Retirement Board have inherent
            conflict of interests in their service to the participants in
            the Plan.

                    a. Representatives on the Retirement Board who are
                    appointed by the owners of the NFL teams recognize that
                    denying benefits to the disabled retired players will
                    minimize future contributions to the Plan by the NFL
                    teams.

                    b. Representatives on the Retirement Board appointed by
                    the Union have included among them agents of active
                    players who do not represent retired players. If the
                    executives of the union are inherently more concerned
                    with the active players who re-elect them as
                    executives, they lack sufficient incentive to look out
                    for the best interests of the disabled retired players,
                    which is their charge under ERISA. If those Union
                    representatives are more concerned with the pay for the
                    active players, they will also recognize that denying
                    benefits to the disabled retired players will minimize
                    current and future payments for their clients.

                    c. Gene has often said that the Union has negotiated
                    new benefits for retired players, even though he does
                    not represent them, and that the active union employees
                    have ``subsidized'' those benefits. He has not,
                    however, sufficiently emphasized that these benefits
                    are, in fact, also for the current players and that,
                    once those benefits are established, the Union has a
                    moral and legal obligation to ensure that they are
                    administered objectively and uniformly among both
                    current players and retirees. That has not happened. If
                    the Committee would request and obtain data concerning
                    the actual relative distribution of these funds, the
                    full picture would become clear and public, as it
                    should be.

            3. The Retirement Board and its staff have not been required to
            prescribe, publish or adhere to objective standards for
            determining the eligibility for benefits under the Plan or to
            publish Plan changes in a timely manner.

            4. There is no adequate administrative help for applicants,
            many of which have brain injuries and corresponding short-term
            memory loss due to multiple concussions, to fill out
            applications and proceed through the process. Simply posting
            application information on a website, without the availability
            of objective, real-time human help, is a particularly egregious
            shortcoming in the context of such injuries, which are common
            among ex-NFL players. Moreover, since the NFL has frequently
            argued that players have not sent in their paperwork (a claim
            which stretches credulity when referring to totally disabled
            people who have little else to depend upon but a successful
            application, but which is nevertheless conveniently impossible
            to disprove in the absence of better recordkeeping safeguards),
            these interactions should be recorded and an evidentiary chain
            firmly established to keep the process honest.

            5. The time for processing of claims is inordinately long. Plan
            representatives have often quoted an ``average'' processing
            time of 18 months, which is interminable in itself if one is
            disabled, but if the Committee could look behind this
            ``average'' time to a true distribution of processing times
            (considering that many claims are disallowed almost
            instantaneously), I believe it would find that the processing
            of claims actually meriting the largest levels of compensation
            takes a much longer period. Those that cannot be denied
            immediately are, thus, often delayed inordinately. This, again,
            is particularly egregious because, by the NFL's own
            computations, the average ex-player lives to an age of only 55,
            with linemen averaging only 52. [It should be noted that these
            figures have been used historically by the Plan's
            representatives to urge ex-players to take retirement at an
            earlier age, which results in dramatically lower levels of
            compensation]. This convergence of facts has given rise to a
            popular characterization of the Plan's tacit strategy as
            ``Delay, Deny and Hope They Die.''

            6. There is no adequate deference given to medical opinion in
            the entire process. As noted above, Plan medical experts are
            routinely undermined and circumvented after they have made a
            disability finding in favor of a retired player. Moreover, as
            in the case of Brent Boyd, non-Plan experts have been
            specifically enlisted to overturn the decision of Plan doctors
            who made disability findings. Medical expertise functions as
            sword to deny disability, but it is no shield against the
            aggressive strategies of administrative denial and, if
            necessary, litigation by the Plan staff and the Groom Law
            Group.

            7. All numerical data associated with the Plan is non-public
            and inaccessible, making misrepresentations by the Plan's
            representatives common and not immediately arguable. How many
            retirees are there? The Plan's own representatives have given
            numbers ranging from 8,000 to 13,500, seemingly dependant upon
            which number was more advantageous under the circumstances. How
            many receive disability payments? At a hearing earlier this
            year before the Administrative Law Subcommittee of the House
            Judiciary Committee, Plan representatives said 317. Later, they
            amended this to 428. On information and belief, which is as
            good as we can get with respect to such unpublished data, the
            number is actually less than 200. Crucially, at what levels
            have people been compensated? (Again, like the ``average''
            claim processing time, what is the distribution?). This has
            never been answered. How many have applied for disability
            predicated upon brain injuries resulting from concussions? As
            recently as this Friday, Plan representatives told Senate staff
            that they did not know this number--this even though the NFL is
            supposedly seeking to implement a new, progressive policy to
            protect players from the effects of concussions. How many have
            been successful in obtaining disability based on concussions?
            According to a statement by Attorney Douglas Ell of the Groom
            Law Group to a reporter, that number is four (4)--for the most
            violent game since the Roman Arena, often played on a surface
            consisting of concrete covered with a quarter-inch layer of
            indoor-outdoor carpeting called ``Astroturf'', which was
            incorporated in stadium construction to save on grounds-keeping
            bills, without regard to the havoc it visited on men's bodies.
            If that number is accurate, the Committee can draw it's own
            conclusions about the adequacy of the Plan's protections. I
            implore the Commerce Committee, consistent with its oversight
            function, which is the reason for this hearing, to seek
            extensive and complete data on all aspects of the Plan, its
            procedures and its funding. The truth, which has been artfully
            and thoroughly hidden to date, is in these numbers. Without the
            thorough examination and publication of these data by the
            Committee, any private negotiations held in an attempt to solve
            this problem cannot bear fruit.

            8. The NFL Retirees have no bargaining power to negotiate an
            end to this inequitable situation without the continuing
            oversight of the Senate. The collective bargaining entities,
            the NFL and the NFLPA, do not and cannot represent the retired
            players. Indeed, as noted above, the Plan representatives have
            not even fulfilled their fiduciary and representative duties to
            the retired players with respect to the distribution of pension
            and disability distributions. The light of common day and, with
            it, the power of public and governmental scrutiny of this
            process is the only bargaining power available to the NFL
            Retirees. Nevertheless, if the Committee would continue its
            oversight of this issue and demand regular reports of
            negotiating progress by the parties represented at this
            hearing, the NFL Retirees would like to engage the collective
            bargaining entities in a true negotiation in an effort to
            settle this matter privately, without the need for specific
            legislative relief. I therefore ask the Committee to exhort the
            parties to come together in such a negotiation immediately
            after this hearing and to subject that process to your regular
            oversight in the form of such periodic reports, which we
            propose be produced to the Committee every 30 days from the
            date of this hearing.

        Some legislative actions might help this situation but today I want
    to make a more immediate appeal to the Members of the Commerce
    Committee: please help us pull together as a family and try to fix this
    problem ourselves.
        You've called this an ``oversight'' hearing. I like that word. I
    think that's just what we need. As I've said, at its best, football is
    a family, with no need for an overseer, where ``bargaining power' is
    not an issue. But in this new rich NFL bargaining power is crucial and
    the retired players have none without your help. I don't ask you to
    play for our side, only to keep the game fair and keep it going until
    the job is done. We need a referee. I think that if this Committee
    would ask the parties to come together, starting tomorrow, and
    negotiate a true solution to this problem, and if it would take
    oversight of a bargaining process among the owners, the Players
    Association and representatives of the retired players, with each party
    making periodic reports to the Committee about the progress of those
    negotiations every thirty days or so, we should be able to get this job
    done ourselves. I ask this Committee to take such oversight and to
    request and publish all numbers and data necessary to a fair
    negotiation, so that one can go forward. I am told the most effective
    mechanism to obtain such data is a study and report by the Government
    Accountablity Office. I respectfully request that such a study be
    performed and such a report be written. If you do these things, I think
    we in the NFL family can get this job done and clean an ugly stain upon
    our great game before it becomes permanent. For my part, if you will be
    referees, I promise you my best game.
        Thank you for your consideration and for your oversight of this
    important subject.

        Senator Dorgan. Mr. Sayers, thank you very much.
        I wish all of you could have heard testimony previously
    before this committee at other times and other occasions, when
    pediatricians would come forward and tell us that these young
    kids, taking a look at baseball and football players, idolizing
    these players, are finding ways and searching for ways to
    become a 300-pound lineman while in high school. So, when
    people say to me--or the issue of steroids in baseball--when
    people say to me, ``Well, Congress has no business in any of
    these areas.'' My preference is that be the case, but if
    Congress can play a role, in my judgment, for applying some
    pressure and shining some light on what's wrong and how to fix
    it, perhaps Congress will do something very important, not just
    for players and former players, perhaps for young kids, who are
    going to come through this system to be the future of baseball
    and football and other professional sports.
        So, let me make a comment. As a result of oversight
    hearing, I'm not particularly anxious or interested in
    legislating. It seems to me that professional football players
    and owners control a big pot of money, very substantial pot of
    money. The profits and salaries and ticket prices are very
    substantial, frankly. And it seems to me that they ought to
    find a way--when I say ``they,'' I'm talking about owners and
    players and all those involved in this professional sport--
    ought to find a way to use the substantial amount of money that
    exists in this industry to respond to these issues.
        Now, let me ask one opening question, then I'm--in
    deference to my colleagues, I want them to be able to ask
    questions before we have a time problem.
        The one question I would ask, of Mr. Goodell and Mr.
    Upshaw, is this. I come to this knowing very little about it.
    I've done a lot of reading about it in preparation for this
    hearing. But if I were in your two seats, and I heard the
    testimony in the first panel, I would say, ``Gotta be something
    wrong here.'' There's a former football player that goes to a
    third doctor, after the first two have said, ``Look, you've got
    a problem here, a very serious medical problem,'' and the third
    doctor doesn't look at the brain scan and says, ``No, you're
    OK.'' I would look at that, and I would say, ``Boy, there is
    something broken, and we ought fix it.''
        Give me your assessment of what we hear today at this
    panel.
        Mr. Goodell. Well, Senator, let me respond to that first,
    and then Gene can respond.
        I agree with you--and Gene and I have talked about this--
    that there has got to be a better system, there has got to be a
    way to improve our system to be more responsive to players that
    have injuries. We have made some changes in the short term. I
    have changed out two of the trustees, not because they were
    fiduciarilyy--irresponsible--but because I felt it was time to
    get fresh thinking. In addition, we have tried to address this
    issue on a more regular basis; rather than quarterly meetings,
    we're meeting on a much more regular basis, and our staffs are
    working on this in between the quarterly meetings.
        In addition, we have looked to outside counsel, independent
    counsel, that we are--that are experts in this area--I am not--
    but what we could do to try to make the system more
    intelligent, more responsive and fair.
        So, I think we are looking at what to do. I would agree
    with you that, when you hear these stories, it is difficult,
    and you want to be responsive.
        Senator Dorgan. And, while you answer, Mr. Upshaw--and, Mr.
    Goodell, you may want to comment--Charlotte Observer, this
    weekend, reported that there are only four retired players who
    have received total and permanent disability. That's just
    counterintuitive to everything you would expect would be the
    case with respect to professional football. Is that a right--is
    that an accurate number? And, if so, do you find it as
    counterintuitive as I do?
        Mr. Upshaw. To receive active T&P--total and permanent--it
    would have to be like the player that just experienced that
    this weekend, or this past weekend, in Buffalo, a player that
    is totally and permanent, on the field--or applies for total
    and permanent within 6 months after the injury. There are four,
    and there are other players that are receiving total and
    permanent, that have become age 55, that are now getting a
    retirement benefit, not a total-and-permanent benefit. Our
    system provides that, once a player becomes 55 years old, he
    then switches from disability to retirement, but he still
    continues to get the higher of the two benefits.
        Senator Dorgan. Senator Klobuchar?
        Senator Klobuchar. Thank you, Senator Dorgan.
        And thank you--I was listening to Mr. Ditka and thinking
    back to those old days when my dad was a reporter. He was
    actually friends of these players when Norm Van Brocklin was in
    our living room, getting into a fistfight with my father, and
    when the players used to practice on a field formerly owned by
    the Animal Rescue League.
        Mr. Ditka. I got in a fistfight with Norm Van Brocklin.
        Senator Klobuchar. That's what I figured.
        [Laughter.]
        Senator Klobuchar. But what I remember most is that it was
    a different time in the game, and there was less money, and now
    a lot of those players are old and they're injured.
        And I guess my question of you, Mr. Goodell, is just--I've
    heard about the differences between National Football League
    and the other leagues, and, when considered as a percentage of
    league revenue, how does the amount that football spends on
    disability payments, retired players, compared to the amount
    spent by other sports leagues?
        Mr. Goodell. It's a very good question. We have looked at
    that. And when we look at our entire retirement benefits,
    versus baseball, we think they are comparable. We have more
    players in the NFL, we have less, obviously, than Major League
    Baseball. We have more revenues, we have a different cost
    structure. But we do look at that, and we want to make sure
    that we are treating our players in the same fashion, or
    better--hopefully better--than other leagues.
        When you look at it in isolated cases with respect to,
    potentially, just a disability case or a pension case, there
    will be differences. But when you look at the entire scope of
    benefits for players, we think they're comparable.
        Senator Klobuchar. But I'm curious about why, just until
    recently, you didn't accept the determination, for Social
    Security purposes, of disabled, that you didn't use that as
    your standard. And you said you recently agreed--in your
    testimony today--to accept as totally and permanently disabled
    any player determined to be disabled for purposes of Social
    Security, why wasn't that done before? And what difference has
    that made now?
        Mr. Goodell. Well, I've only been in this position for 1
    year, but it's something Gene and I talked about 6 months ago,
    and, frankly, agreed to 6 months ago. If a individual is
    already qualified under the Social Security standard, we should
    move the process forward quickly and allow them to qualify
    under our disability program, and we have done that.
        Senator Klobuchar. Mr. Ditka, did you want to respond?
        Mr. Ditka. Yes, I only want to say one thing. You know, I--
    delivering mail, working as a mechanic, being a newscaster,
    what--football is completely different. I mean, I don't want to
    bring it up. You know, we have a 12-year window to file for
    disability. You know, the average career of a football player
    is less than 4 years, or right under 5 years or something. You
    have to be 4 years to be vested. OK, supposing a guy comes
    into--21, 22--he's out at 28, 29. Nothing shows up before he's
    41. Very normal. And then things start showing up. I'm not sure
    I understand it. You know, it's fine to sit here and say, ``Oh,
    we have ERISA law, we have Social Security, we're tying it in.
    This is all''--this is an exception. Football is an exception.
    It is not a contact sport, it's a collision sport.
        This young man, the other day, did nothing but make a
    tackle, and he almost lost his life. Those things happen. The
    first week of the NFL season this year, you've got five guys, I
    think, that are out for the year. It's tough. It--you've got
    200-, 300-pound bodies flying around at great speeds. It's
    different than delivering mail or working in a factory or
    building cars. You can't tie it into Social Security the way
    everybody wants to do. It's a different thing.
        Senator Klobuchar. Thank you, Mr. Ditka. And I just want to
    end, so I can let Senator McCaskill go, by saying--we talked a
    little bit about, why should Congress be looking at this? And
    Mr. Sayers was talking about how football is a family. Well,
    it's a very public family. And I think the way that we treat
    people with disabilities--people are watching this--the way we
    treat people that have built, basically, an empire for others
    to profit from, people are watching this.
        So, thank you.
        Senator Dorgan. I mentioned the Charlotte Observer article,
    the four retired players, total and permanent disability, that
    was for brain injuries caused by multiple concussions. So, I
    wanted to make that point, because there has been testimony
    today, and it relates to what Mr. Ditka suggested, that this
    may show up 10, 15, or 20 years later.
        Senator McCaskill?
        Senator McCaskill. Thank you, Mr. Chairman.
        I also want to mention--he's not here, but I want to
    mention Fred Arbanas. Fred and I served together on the county
    legislature for a number of years. I've watched his body fall
    apart. I've watched him going from a very proud man who's
    recognized everywhere in Kansas City for all the right reasons
    to basically not being able to do much before noon, because it
    takes him that long to get his body moving.
        I want to ask a couple of questions. It's my understanding,
    Mr. Upshaw, that the money that is given over to the pension
    and disability fund is, in fact, negotiated by the Players
    Association, and it is set aside at the negotiation, and it is,
    in fact, their money.
        Mr. Upshaw. Yes.
        Senator McCaskill. Then, why is it three and three? Why do
    the owners have just as much say on how that money is being
    spent as the players? If that money has already been negotiated
    away from the owners, and that belongs to the players, then why
    do they get to veto, by a 3-3 vote, a disability finding that
    the players decide is valid?
        Mr. Upshaw. Because the plan operates under the Taft-
    Hartley laws, and the Taft-Hartley laws give both the players
    and the owners an equal vote.
        Senator McCaskill. Well, do you need us to amend the Taft-
    Harley players----
        Mr. Upshaw. I think I suggested----
        Senator McCaskill.--to allow----
        Mr. Upshaw.--I suggested that as----
        Senator McCaskill. OK.
        Mr. Upshaw.--part of--one of the solutions.
        Senator McCaskill. So, it seems to me that it--you know,
    it's almost like you negotiate to try to get this money, and
    this comes off the top, I understand.
        Mr. Upshaw. Yes.
        Senator McCaskill. This isn't a line item on people's
    paycheck.
        Mr. Upshaw. No.
        Senator McCaskill. This is off the top. And if that's the
    case, and you worked hard to negotiate, it seems to me you
    ought to be here asking that--and demanding for this
    legislation on behalf of the Players Association, that the
    players have the ability to decide what former players are
    entitled to disability, under what circumstances.
        Mr. Upshaw. Well, that's why we end up with a 3-3 vote. We
    do have unanimous votes from time to time, but there is no
    dispute over the facts in a unanimous vote, either for an
    approval or for a denial. But, in a lot of cases there are 3-3
    votes, which is no reason whatsoever for a player--the former
    players to vote against another player if he qualifies. There
    are a lot of players that file claims that do not qualify.
        Senator McCaskill. Mr. Goodell, would you have any problem
    with that, if we amended the Taft-Hartley, to allow, under
    these circumstances, since the money has been negotiated away
    from the owners at the bargaining table, would there be any
    problem with the people that have negotiated for that making
    the decision as to how the money was going to be spent?
        Mr. Goodell. Well, I'd make a couple of points, Senator.
    First off, and most importantly, anything that would improve
    the system, that is responsible to do for the parties, we would
    consider. Most importantly. Second of all, it somewhat implies
    that we have been a negative influence in this circumstance,
    and I don't believe we have. I think the facts don't support
    that.
        Senator McCaskill. Well, I think it----
        Mr. Goodell. Second of all----
        Senator McCaskill.--I think that 3-3 votes are tough. I
    think 3-3 votes are tough.
        Mr. Goodell. But the facts are, there haven't been that
    many 3-3 votes, and what happens is, the process is set up
    through Federal regulations and through the law that it would
    go on to see an independent doctor. And, ultimately, it goes to
    an independent doctor, who makes the final decision. And we
    have had some cases that have been taken and litigated. We've
    had 25. Twenty-four have returned back in favor of the
    retirement board; only one was reversed.
        Senator McCaskill. I know what's involved in filing a
    Federal lawsuit, and I don't think we want to make these guys
    have to go to Federal court----
        Mr. Goodell. I agree with that.
        Senator McCaskill.--to do this.
        Mr. Goodell. And----
        Senator McCaskill. I--let me--because I don't have much
    time. I don't mean to cut you off. But the other area I really
    wanted to cover here was the LOD disability, the line-of-duty
    disability. I mean, you're going to have a whole lot of these
    players that are going to have a line-of-duty disability,
    particularly if you talk about orthopaedic needs. I mean, I got
    a new knee this year, and, I've got to tell you, I never played
    a day of football, and it hurts, and it's a pain, and I'm
    limping around here today, and I--and, you know, I was just a
    cheerleader in high school, for gosh sakes. Nobody----
        [Laughter.]
        Senator McCaskill. Nobody was--no 300-pound linemen were
    flying at me--well, I'll take--well, no----
        [Laughter.]
        Senator McCaskill. I--in all seriousness, the idea that an
    LOD disability has to be--you have to apply within 48 months--I
    mean, 4 years--if you've got a guy that's retiring at 27 or 28
    because of a minor injury or for some other reason, or just
    doesn't make it the next year, gets cut, I mean, you're asking
    that orthopaedic, serious surgery, to show up within 4 years? I
    just think that is wildly unreasonable. And are you in favor of
    extending the LOB--LOD disability to a filing period that would
    be much longer than 4 years? Is that something that you all
    would object to? Mr. Upshaw?
        Mr. Upshaw. No, we wouldn't object to it at all. Matter of
    fact, we've actually increased that. It used to be 36 months,
    and it's been increased to where it is today. But the line-of-
    duty disability is not the last place that you can go. We have
    players that come in on a line-of-duty, and then move up the
    chart to degenerative, which will now let you into the door,
    which Mike talked about, is 15 years. So, 15 years after you
    leave the game, you can still apply for a--that disability.
        Before 1993, we had none of these disabilities. All of
    these improvements, we've made since 1993. So, we're not
    opposed to that, but we also have another total-and-permanent
    disability that Brent Boyd is getting, that someone that
    doesn't qualify for anything in our plan can still get a
    disability, even though it was not caused by football. So, if
    you get hit by a bus, and you come back and file for disability
    under this plan, you can receive it. That is what Brent Boyd is
    getting, because the doctor said--not Mr. Ell; Mr. Ell is not
    the doctor, he is the attorney that represents the plan that
    is--he's co-counsel to the plan--the doctor said Brent Boyd did
    not--you couldn't connect one concussion in 1980 to his present
    condition today.
        Senator McCaskill. Total-and-permanent is different than
    partial. And you're going to have a lot more partials than
    you're going to have total-and-permanent. And 4 years is not
    enough. I think, as a show of good faith, you ought to get busy
    and get that fixed. What Mr. Ditka said is correct, this is
    common sense. Take care of these guys. They're taking care of
    us, they're taking care of the Players Association officers
    that are here, their colleagues are going to be in the same
    position in 15 years as Conrad Dobler and Fred Arbanas and all
    the other great heroes that are here.
        And thank you all for being here, and I appreciate the
    answers to my question.
        Senator Dorgan. Senator McCaskill, thank you very much.
        Senator Nelson?

                    STATEMENT OF HON. BILL NELSON,
                       U.S. SENATOR FROM FLORIDA

        Senator Nelson. Thank you, Mr. Chairman.
        I can't help but come to the table to note the difference
    between the NFL and Major League Baseball on the question of
    handling some of the former players. It was this Senator that
    had to get right in the middle of it with regard to the
    compensation for the members of the old Negro Leagues in Major
    League Baseball. And it has been slowgoing with Major League
    Baseball, and there has been a recognition of that. I'm
    grateful we don't have those issues before us here today, and I
    thank you for that.
        Now, the question that occurs to me is, Why should there
    not be a medical doctor on either one of those boards?
        Mr. Upshaw. Well, we don't have a medical doctor on the
    board, but we rely on the medical evidence that's presented by
    the player, both the board doctors and any evidence that the
    player might bring from his doctor.
        Senator Nelson. Mr. Goodell?
        Mr. Goodell. I would respond to that, Senator, by saying
    that the board is not making a medical decision, they are
    taking the information from medical doctors who examine the
    players, who take all of their medical records, make an
    evaluation, and make a recommendation to the board. I'm not
    opposed to it. We would have to find a representative. But I
    believe that's the best explanation I can give you today.
        Senator Nelson. Does anybody else want to comment on that?
        Mr. Ditka. Why not take it away from 'em completely, the
    owners and the Players Association--take it totally away from
    'em and create a board, completely independent--completely
    independent, made up of medical people. And then, if they turn
    it down, then there must be a reason to turn it down. But when
    these other people turn it down, people think there is an
    ulterior motive for turning it down. That's all I ask. Make it
    completely independent and see what happens.
        Mr. Goodell. Senator, if I might add, then if it moves down
    the process of being a 3-3 tie, it goes to an independent
    doctor, and it's binding--whatever that doctor's decision is,
    it is binding, so it is ultimately made by a doctor, if there
    is a dispute amongst the Retirement Board.
        Senator Nelson. Mr. Chairman, is that a vote?
        Senator Dorgan. Yes.
        Senator Nelson. Well, then I'll just conclude by saying
    that, you know, one of the phoniest problems that we have, over
    and over, is the question of disability for veterans. And they
    go through all of these disability claims procedures that are
    quite extensive. Maybe we ought to take a lesson from the
    experience that we try to determine the degree of disability
    with our veterans and have that be a lesson to apply here.
        Thank you.
        Senator Dorgan. Senator Nelson, thank you very much.
        A vote did start at 12, noon, and I would normally ask if
    we could stand in recess, but, because there is a vote
    following this, it would require at least a half-hour recess,
    and I don't want to inconvenience you. All of you who have
    testified today have come here and provided, I think, some real
    assistance in giving us your perspective of what's happening.
        It seems to me there is something that's not connected
    here. I don't know what it is, exactly, but something's not
    connected. Something is not working the way it should work.
    And, as I indicated earlier, there is plenty of money around. I
    watch football from a living room, but I understand what ticket
    prices are, I understand what owners' profits are, generally,
    from what I read, and I understand how much some of these
    contracts, some players, are. And so, there is plenty of money
    around. It seems to me that sufficient money should be
    available to provide the kind of assistance that is necessary
    for those that helped build this professional sport, called
    football. I think it is, perhaps, the most widely watched
    professional sport in our country. And my guess is, most of
    those who would hear stories, or read about them in the
    newspaper, as is frequently the case, or hear the testimony
    today, would be flabbergasted that there are people who spent
    their lives in this professional sport and are now living in
    poverty, are now living in a circumstance where they can't find
    the kind of healthcare that they need, or the kind of medical
    assistance they need.
        We will certainly evaluate the testimony and try to
    consider what kinds of things might be available. And I think,
    Mr. Commissioner and Mr. Upshaw, you, I hope, will take a look.
    What I'm going to do is, I'm going to send you two packets,
    like this, individual letters from former players. I would
    think that, in this business, in this industry--I know you will
    want to go through it and understand it and then evaluate, what
    is it here that's wrong? how do we fix it?
        So, I thank all of you very much for your willingness to
    come to this hearing.
        This hearing's adjourned.
        [Whereupon, at 12:12 p.m., the hearing was adjourned.]
                                A P P E N D I X

    Supplementary Information Provided by Eugene ``Mercury'' Morris, Former
               NFL Player, Miami Dolphins and San Diego Chargers
    The Black Paper: A Response to the Claims Set Forth in the NFLPA's
            ``White Paper''
        I have been asked to address the specific content of the document
    produced by the joint efforts of the two collective bargaining parties,
    the NFLMC and the NFLPA. The NFLPA ``White Paper'' was prepared for the
    September 18th hearing on Capitol Hill before the Senate Committee on
    Commerce, Science, and Transportation. The content, however, is
    virtually the same as the NFLPA written statement submitted for the
    June 26, 2007 hearing before the Subcommittee on Commercial and
    Administrative Law of the House Judiciary Committee. My statement in
    response to the remarks made by Douglas Ell at the House hearing
    addresses most of the issues ``repackaged'' and reintroduced in the
    September 18, 2007 hearing and I refer the reader to that statement. I
    will address some of the issues that require clarification as to the
    factual content of the declarations made in the White Paper the NFLPA
    has distributed both to traditional media and Internet-based news
    outlets. The NFLPA has also initiated a ``new'' campaign called: ``The
    Truth Squad: Fact vs. Fiction,'' which I will show is neither
    substantively new nor factually accurate in the following paragraphs.
        In keeping with the theme ``fact vs. fiction,'' I respond on behalf
    of the NFL Retired Players whom I have represented involving disability
    and retirement issues. For the record I have, on three (3) different
    occasions since 2001, been successful in recovering disability benefits
    that had been arbitrarily taken by the retirement board from Players
    who were qualified under the Plan's Terms.
        I have over 21 years of experience in dealing with this group, who
    cast themselves as caretakers of the retired Players' future welfare as
    fiduciaries, in the role of trustees to the Plan, governed by ERISA
    Law.
        I have watched the evolution of the language of the Plan, I can say
    with absolute explicit facts and evidence that fiduciary misconduct has
    occurred and it is documented by the very words of the author of the
    White Paper.
        For the record, the term ``White Paper'' is defined as a detailed
    or authoritative report. The following is a quote from a docketed Bar
    Complaint filed against a former Groom Counsel, John McAllister, for
    lying to a Plan participant. Mr. McAllister is no longer on the Case
    and has left the Groom Law Group.

            If you have information but it's misinformation, the best you
            can be is misinformed, if someone is allowed to perfect a
            concept based upon that misinformation, then what you have is a
            misconception.

        It is with that premise in mind that I set forth my response to the
    White Paper in this ``Black Paper'', the title of which describes the
    ironic distance between what the NFLPA asserts to be true, pure and
    ``white'' and the actual practices and policies inherent in their
    administration of the Plan's disability provisions.
        Page 4, paragraph one of the White Paper states: ``Active Players
    pay for all benefits.''
        That statement is categorically false according to the Plan's own
    terms. The Bert Bell/Pete Rozelle Plan document at page 10, paragraph
    3, Article 3.2 states the following:

            The sources of revenue to be used to satisfy any contribution
            obligation of the employer will be exclusively within the
            control of the employers.

        Webster defines the term ``exclusive'' as ``limiting or limited to
    possession control or use by a single individual or group.''
        It is clear that the active Players in fact do not contribute to
    the fund under ERISA that is governed by the Plan's terms; therefore
    the statement made in the ``White Paper'' regarding Player
    contributions to the Plan is fiction not fact.
        Sec. 3.1of the Plan states that, ``a contribution to the trust will
    be made by the employers.'' Players do not contribute to the ERISA-
    governed fund.
        Another statement from the White Paper, made in paragraph ``three''
    page 4, declares that, ``the cost of benefits to former Players comes
    from the active Players side of the table". That statement is also
    false and misleading.
        Under ERISA law and the Plans terms, there is no ``active Players
    side of the table,'' in fact there is no ``table,'' there are only
    fiduciary responsibilities to do two things:

            1. Pay benefits.

            2. Pay expenses.

        Under ERISA Law, the language of the Plan, at one time, did have
    specific instruction as to the course of conduct of the trustees of the
    Plan regarding specific language under Sec. 404; that defines the
    duties of those trustees who accept that fiduciary responsibility by
    Law and operate under the spirit and the letter of the intention of the
    Plan's terms.
        The White Paper states that the active Players each gave up
    $82,000.00 in salary for medical, disability and retirement benefits.
        That statement is misleading because it implies that currently
    active Players are paying medical and disability benefits for retired
    Players, which is false. See Sec. 3.2 page 10, Plan Document.
        From the White Paper, page 5, paragraph one, Mr. Ell seems to imply
    that ``pension for the Retired Players'' significantly increased four
    (4) times, and their benefits ``have since been more than tripled.''
        Webster's defines the term ``significant'' as: Having the meaning
    of a noticeably or measurably large amount.
        Clearly the amount involved here is large only if expressed in
    relative terms. If the benefits for retired Players were in fact
    increased 4 times and ``triple'' the amount they were originally, then
    the resulting $250 per month, per credited season only shows up as a
    ``large amount'' when compared with the paltry size of the original
    pension benefit.
        In 2002, in a collective bargaining negotiation, a new retirement
    benefit increase of a $100-per-month per credited season was initiated.
    As I detail in my response to Doug Ell's House testimony, however, in
    2004 the same collective bargaining parties devised a ``new'' benefit
    paying each current Player $200 each and every time he steps on the
    field.
        The collective bargaining parties in 1993 ``segregated'' themselves
    from the retired Players. This has now grown into a full-fledged
    ``business within a business.'' The disability benefits, in fact, have
    dramatically improved, however, not for the retired Players. The
    statement involving ``significant increase over the years'' by the two
    (2) collective bargaining parties is false and misleading because it
    omits what the NFLPA did for the current Players in the 2004 CBA
    extension.
        ``The most generous and flexible disability in professional
    sports.''
        However ``generous'' the collective bargaining parties say these
    benefits are, the fact is these ``benefits'' are not accessible to the
    Players without their meeting complicated requirements. Moreover, even
    if they are able to do so, the bottom line still rests upon the
    judgment of the Trustees as to whether or not a person with a
    disability is ``able to work''--a judgment that is entirely up to their
    discretion, rendered according to a criterion itself is so vague that
    it has no specific definition. How can a doctor, untrained in
    occupational therapy, make a determination on a person's ability to
    work in a 25-minute office visit? Moreover, if the theoretical capacity
    to work any job is the de facto standard, as experience would suggest
    it is, and it is subject to the unfettered discretion of the retirement
    board in application, does this standard have any meaningful function
    other than to exclude virtually every applicant?
        Since my personal involvement with this process began, I have seen
    the administrative complexities grow steadily to the point where the
    average Player applying for benefits must now meet technical
    requirements that involve a mountain of red tape designed to make the
    Player seeking benefits either give up or sue the Plan. If he has the
    tenacity to sue, then The Groom Law Group reaps the true ``benefits''
    of this system--litigation to the tune of almost $20 million over the
    last 6 years against retired Players pursuing their rights. Yet, when
    questioned about the make up of the ``legal team'' in question, Mr. Ell
    says; ``Oh we try to keep the lawyers down to an absolute minimum.''
    And those ``few guys'' make millions.
        Ironically, the suggestion to ``give up'' often comes from the
    NFLPA representatives. When you examine the actions of the retirement
    board you get a completely different perspective about what they are
    trying to accomplish, which in no way accords with the standard of what
    a ``prudent person acting in a like capacity and familiar with such
    matters would use in the conduct of an enterprise of like character
    with like aims,'' which is their charge in the Plan document in words
    that are mirrored in the specific language of Sec. 404 of ERISA.
        The Groom Law Group, by its own admission, changed the terms of the
    Plan to exclude the specific language that would permit the
    ``circumstance'' in which a fiduciary could make a decision to spend an
    amount that would rectify the disparity in value between the benefits
    of the current Players and the benefits of the retired Players. Under
    ERISA, the fiduciaries are to ``minimize the risk of large losses
    unless under the circumstances, it is clearly prudent not to do so.''
    ERISA, Sec. 404(C).
        This specific language appears in the Bert Bell Plan at Sec. 8.20.
    It also appears in the Bert Bell/Pete Rozelle Plan. Somewhere between
    1998 and September 2005, however, the Groom Law Group changed the
    language of the Plan. This language now appears under Duty and Care,
    Sec. 8.2 of the Plan. The new plan states:

            Except that the retirement board and the DICC will follow the
            terms of the Plan.

        This changed the ERISA language from Sec. 404 of the ERISA code--a
    change, in itself, which violates ERISA Law.
        By law, you cannot change the terms of a Plan that contains ERISA
    guidelines. Yet that is exactly what the NFLPA did at Groom's
    suggestion. Groom claims that, ``they (Groom), do not make decisions
    regarding benefits,'' yet Doctor Alfred J. Tria, the first neutral
    Medical Advisory Physician (MAP), states in the Public Record, that
    Groom chastised him for qualifying a Player under Line of Duty. In
    1989, I was the first Player qualified by Dr. Tria under Line of Duty
    Disability. I was sent to Dr. Tria due to a deadlock of the retirement
    board pursuant to the Plan's terms. The Owner-Members rejected the
    qualification even though it was final and binding on the retirement
    board, which violated the Plan's Terms.
        I will focus on several issues of material fact that are not in
    dispute in the applicable language of the Plan's Terms. These specific
    facts contradict what is presented in the NFLPA White Paper on behalf
    of both collective bargaining units.
        On page 5, under ``Disability Benefits Overview,'' the White Paper
    states:

            Point 1: The award process investigates whether a Player is
            able to work. (Emphasis added).

        The question would be why the ``extent of the disability'' is not
    considered first. ERISA states that the retirement board must carry out
    its duties in a manner that considers the Player's interest first, with
    the secondary inquiry being ``what caused the Player's disability?''
        But this clear ERISA requirement again is construed as an
    ``opinion'' and the retirement board reserves the right to disregard
    any medical finding that does not support the agenda of the retirement
    board trustees who, as representatives of the collective bargaining
    unit, not surprisingly have established a record of disqualifying
    Players seeking any type of disability unless that Player is a ``friend
    of the NFLPA.''
        The Doug Betters Case is illustrative of this point.
        Doug Betters was paralyzed in an accident while skiing in 1998.
    Doug, retired from the NFL in 1988 because of back and neck injuries.
    When Doug applied for disability, he was denied because the retirement
    board trustees, with no expertise in the medical field and no expertise
    in spinal chord injuries, declared that Doug Betters did not get hurt
    while playing football: ``he got hurt skiing''. An unlicensed opinion
    thus became a denial of disability to a classified quadriplegic with no
    improvement and continued degeneration.
        Doug is paralyzed and has been in a wheelchair since 1998. He
    receives a pension equal to his retirement. Doug is entitled to the
    active non-football disability. Doug receives something called an
    ``inactive'' disability benefit, which is equal to his retirement
    benefit. They call it a disability benefit, but his check comes from
    the retirement fund. Inactive disability is a fictional term-of-
    convenience used to categorize Players in a manner so that they cannot
    obtain a class of benefits that pay more. (If you have an ``inactive''
    driver's license can you drive?)
        In 1989, the retirement board said, ``Traditionally, we use Darryl
    Stingley as a test case for the total and permanent disability.''
        Tom Condon assured Doug that ``there was nothing to worry about!''
    The retirement board vote was 6 to 0, unanimous against a paralyzed
    Player. In a retirement board quarterly meeting, Bill Bidwell, the
    owner of the Arizona Cardinals, theorized that paralyzed players in
    wheel chairs could ``sell pencils on the street corner''--a form of
    gainful employment that would presumably preclude the disbursement of
    disability benefits.
        The third category of analysis is ``When the disability began.''
    This issue is at the heart of the Mike Webster case, in which the Court
    declared that it was an ``abuse of discretion'' by the retirement board
    to refuse to assign Webster the proper ``effective date'' on which the
    disability began.
        This, too, is an area of contention, having roots as far back as
    1984, documented in explicit detail revealed in the minutes of the
    Retirement Board meetings.
        Under the Bert Bell Plan, the language was clear that disability
    began according to the physician's report, which asked the question of
    the MAP ``Date of Disability?'' (The answer was to be determined by the
    Doctor.)
        That question has appeared for the last 30 years on the form to be
    filled out by the MAP. As stated by the White Paper, the MAP's decision
    was final and binding on the retirement board.
        This became a problem for the collective bargaining units because
    it meant that a Player could collect a payment that was retroactive
    back to the date of disability, which meant that a Player's accrued
    disability benefit could pay as much as 15 years in retroactive
    payments.
        The Groom Law Group removed the ``date of disability'' space from
    the Doctor's report form. This gives the retirement board the
    ``contrived discretion'' to construe the ``effective date'' to be any
    date they choose, as opposed to correctly using the Physician's date of
    disability on the physician's form. All this was done to control the
    amount of the retroactive portion of the disability benefit, which the
    Trustees were obligated to pay in full.
        I sent a letter to Commissioner Roger Goodell detailing the
    specific facts and evidence that The Groom Law Group violated Sec. 302
    of the ERISA code, as described in my complaint sent to the
    Commissioner on June 4th, 2007 titled ``Fiduciary Misconduct.''
        For the record, the Commissioner has stated the following: We will
    continue to do what we have always done, rely on the facts.
        However, in this particular case the Commissioner has ignored ``the
    facts'' and has refused to act under the Integrity Clause of the NFL
    Bylaws. This clause allows the Commissioner to rectify almost any
    situation concerning the NFL.
        To date, however, he has refused to investigate any wrongdoing by
    the Management, the people who put him in that office as Commissioner
    of the NFL.
        The next issue is on page 10, titled: ``Disability application and
    award procedure''.
        I have addressed this issue in my response to Doug Ell's written
    testimony on June 26, 2007, however, I will make an additional comment
    concerning the ``truth'' and regarding the ``facts'' surrounding the
    ``neutral physician''. In the White Paper the author repeatedly
    declares the importance of the neutral physician, yet on page 15,
    bottom paragraph, Mr. Ell describes to a Federal investigator
    ``exactly'' what is the real role of the neutral physician, Mr. Ell
    contradicted his own words in the White Paper regarding the
    responsibilities of the neutral physician. Mr. Ell states:

            Neutral physicians have no authority and are simply instructed
            to report their best medical findings.

        Unless, as in the case of Don Bessilieu, the retirement board uses
    the ``opinion'' and medical findings of the neutral physician to
    disqualify the Player, then the ``neutral physician's'' opinion is used
    by the disability claims committee member (one person) to disqualify
    the Player who was already receiving disability benefits for 5 years,
    as was the case with Don Bessilieu.
        I can say that the description of the responsibilities declared by
    the author of the White Paper regarding the neutral physician is false.
    Any evidence to support the contention in the White Paper would also be
    false. Mr. ElI told a Department of Labor investigator exactly the
    opposite of what appears in the White Paper. One of the two statements
    by Mr. Ell is a false statement made to a government investigator, a
    criminal violation.
        Page 11, ``Appeal Rights''.
        This section is a perfect example of the ``deception'' described in
    the White Paper as ``Appeal Rights''.
        First of all, appeal rights depend on various situations concerning
    exactly what is being appealed and who is appealing. One case in point
    is when a Player is denied by the DICC and it is the Player's initial
    disability claim, the retirement board must follow the decisions made
    by the DICC, which amounts to a circle, with no possible way of
    overcoming the denial, because Groom has changed the language of the
    Plan from Sec. 8.2 which says:

            Except that the retirement board will follow the decisions made
            by the Disability Initial Claims Committee.

        Prior to this change, for over 45 years, Sec. 8 of the Bert Bell
    Plan and the Bert Bell/Pete Rozelle Plan both stated:

            The retirement board will have the power to decide claims
            (except that the retirement board will follow the decision made
            by the Medical Advisory Physician. [whose decision will be
            final and binding on the retirement board]).
        The retirement board now uses whatever language ``fits'' the
    denial. This section of the Plan's Terms was changed in order to
    accommodate the retirement board's ability to have what would appear to
    be ``absolute discretion'' \1\ and authority over the outcome of
    disability determinations.
    ---------------------------------------------------------------------------
        \1\ This specific language was changed under the Bert Bell Plan at
    Sec. 8.4: ``The Retirement Board will have the broadest discretion
    permitted by the Act.'' This is the protective language of ERISA. This
    means, where there is ``no permission there is no discretion.'' In 1995
    Groom changed the Plan's Terms to exclude the specific language that
    restricted the retirement board's ability to act ``outside'' the Plan's
    Terms. In 1995 they removed ERISA governing terms and replaced them
    with their own made up authority.
    ---------------------------------------------------------------------------
        In the White Paper under ``appeal rights'' the author declares that
    the retirement board gives no deference to the decisions made by the
    DICC, a patently false statement. The evidence points to the Groom Law
    Group as the principal architect and administrator of the attempt to
    control the disability process on behalf of the two collective
    bargaining units.
        The specific language in the Plan's Terms under Sec. 8.2 of the new
    Plan document makes that declaration false and the premise declared in
    the White Paper fiction. In fact, the majority of the three topics I
    have reviewed in this ``Black Paper'' all contain ``fiction'' in their
    premises and falsehood in their factual content.
        I have, in the details contained in my 26-page response to Doug
    Ell's written testimony on June 26, and the White Paper written for the
    September 18, 2007 hearing provided a significant amount of facts and
    evidence to support the contention that misconduct has occurred at the
    hands of the authors of the White Paper.
        There are numerous misstatements of fact that I have not addressed,
    all of which point to the same conclusion . . . ``Fraud'' is defined by
    Webster as:

            A. Deceit, trickery, intentional perversion of the truth in
            order to induce another to part with something of value or to
            surrender a legal right.

            B. An act of deceiving or misrepresenting: A trick. One who is
            not what he pretends to be. An imposter. One who defrauds.
            Cheat. One that is not what it seems to be or is represented to
            be.

            C. Synonym . . . Deception.

        I have presented some of the ABCs of the White Paper, which may
    well be misleading and fraudulent in its design.
        I welcome any effort by the NFLPA or the NFLMC to refute any of the
    statements contained in the Black Paper.
        Sooner or later the truth about the ``Truth Squad'' will become
    clear in the form of facts vs. fictions, which will spell themselves
    out in black and white.
        Submitted to the Members of the Committee on Commerce, Science and
    Transportation of the U.S. Senate to aid in their oversight of this
    issue, and to the NFLPA for its analysis and response.
                P.S. I am waiting for your response.
                                     ______

                Joint Response to Written Questions Submitted by
     Hon. John D. Rockefeller IV to the National Football League (NFL) and
            the National Football League Players Association (NFLPA)
        Question 1. Identify each of the 6 members of the Retirement Board
    (the ``Board''), the person(s) who selected each member to serve on the
    Board, and the reason each member was chosen for such service.
        Answer. The Retirement Board is composed of seven members. Three
    voting members are appointed by the NFL Players Association (``NFLPA'')
    and three voting members are appointed by the NFL Management Council
    (``NFLMC''). The Commissioner of the NFL is an ex-officio, non-voting
    member. The Commissioner's designee, NFLMC Executive Vice President
    Harold Henderson, presides at all meetings of the Retirement Board.
        The Retirement Board members appointed by the NFLMC are:

            William Bidwill, Owner, Arizona Cardinals, appointed by Terry
            Bledsoe, former NFLMC executive.

            Clark Hunt, Owner, Kansas City Chiefs, appointed by Harold
            Henderson, Executive Vice President.

            Dick Cass, President, Baltimore Ravens, appointed by Harold
            Henderson, Executive Vice President.

        During the last 5 years, Taylor Smith, Owner, Atlanta Falcons, and
    Eddie Jones, President, Miami Dolphins, also served on the Retirement
    Board. Each was appointed by Harold Henderson.
        The Retirement Board members appointed by Gene Upshaw on behalf of
    the NFLPA are three retired veteran NFL players:

            Tom Condon, who played 12 years in the NFL from 1974-1985;

            Jeff Van Note, who played 17 years in the NFL from 1970-1986;
            and

            David Duerson, who played 11 years in the NFL from 1983-1993.

        Tom Condon and Jeff Van Note were appointed prior to 2002. Dave
    Duerson was appointed in 2006. Len Teeuws, deceased, preceded Mr.
    Duerson on the Retirement Board.
        The NFLMC and NFLPA appointments are made based on ability,
    interest in, and familiarity with employee benefit plans, the
    investment process, collective bargaining history, and/or player
    welfare, and their knowledge of the types of injuries that NFL Players
    may incur. In addition, the members agree to carry out the terms of the
    plan and to accept personal fiduciary liability.
        The NFLPA and the NFLMC may name a proxy for each of the members
    they have appointed, for any meeting for which that member is
    unavailable.

        Question 2. Identify each member of the Disability Initial Claims
    Committee (the ``DICC''), the person(s) who selected each member to
    serve on the Committee, and the reason each member was chosen for such
    service.
        Answer. The Disability Initial Claims Committee (``DICC'') consists
    of two members--one appointed by the NFLPA and one appointed by the
    NFLMC. The NFLPA appointed Chris Smith and the NFLMC appointed Mary-ann
    Fleming. Mary-ann Fleming is an employee of the NFLMC, Manager of
    Player Benefits, and was chosen for her familiarity with NFL players
    and benefits after agreeing to carry out the terms of the plan. Harold
    Henderson and Director of Player Benefits Valerie Cross selected Ms.
    Fleming for the NFLMC. Chris Smith is Assistant Director of Benefits at
    the NFLPA. Ms. Smith was chosen for her familiarity with NFL players
    and benefits and her knowledge of the types of injuries that NFL
    Players may incur, after agreeing to carry out the terms of the plan.
    Executive Director Gene Upshaw and Director of Benefits Michele Yaras-
    Davis selected her for the NFLPA.
        Both Chris Smith and Mary-ann Fleming have served on the DICC since
    it was created, pursuant to regulations of the Department of Labor, in
    2002.

        Question 3. Explain the process for choosing members of both the
    DICC and the Board.
        Answer. The Bert Bell/Pete Rozelle NFL Player Retirement Plan
    designates the NFLPA and the NFLMC as having the authority to appoint
    and to remove the voting members to the Retirement Board and to the
    DICC. The Executive Vice President who leads the NFLMC exercises this
    authority with respect to NFLMC appointments. The Executive Director of
    the NFLPA exercises this authority with respect to NFLPA appointments.

        Question 4. State the total amount paid for disability pensions
    from both the Bert Bell/Pete Rozelle Plan and the NFL Supplemental
    Disability Plan (together, the ``Plans'').
        Answer. Below are the total amounts of disability benefits paid by
    the Bert Bell/Pete Rozelle NFL Player Retirement Plan and NFL Player
    Supplemental Disability Plan for the full calendar years 2002 through
    2006 and for 2007 through November, based on records provided by the
    Player Benefits Office. These amounts may differ from the amounts
    reported for Plan Years (April 1 to March 31).

    ----------------------------------------------------------------------------------------------------------------
                             Year                                                    Amount
    ----------------------------------------------------------------------------------------------------------------
    2002                                                                                                 $14,856,632
    2003                                                                                                  15,882,616
    2004                                                                                                  16,934,525
    2005                                                                                                  18,237,320
    2006                                                                                                  20,266,009
    2007 (through November)                                                                               19,981,483
    ----------------------------------------------------------------------------------------------------------------
        Total                                                                                           $106,158,585
    ----------------------------------------------------------------------------------------------------------------

        The figures above include all payments to players deemed to be
    totally and permanently disabled, including payments to these players
    after they attain normal retirement age, and payments for line-of-duty
    disability benefits.

        Question 5. State the total number of players receiving disability
    payments, broken down by category (i.e., Active Football, Football
    Degenerative, Line of Duty, etc.).
        Answer. The following table, based on records provided by the
    Player Benefits Office, shows the average number of former players paid
    for each kind of disability benefit per month for each calendar year
    2002 through 2006 and for 2007 through November 2007.

    ----------------------------------------------------------------------------------------------------------------
                                                   Active        Active       Football                   Retirement
                Year              Line of duty    football     nonfootball  degenerative    Inactive    continuation
    ----------------------------------------------------------------------------------------------------------------
    2002                                   93             5            12            65            50            44
    2003                                   96             6            11            71            45            49
    2004                                  109             5            10            75            46            57
    2005                                  122             5            10            81            47            63
    2006                                  144             5             9            85            46            71
    2007                                  158             5             9            87            46            76
    (through
    11/07)
    ----------------------------------------------------------------------------------------------------------------

        Question 6. Please provide a breakdown of these categories into
    types of injury (i.e, Concussion, Spinal injury, Joint Replacement,
    etc.).
        Answer. Awards of line-of-duty disability benefits for orthopedic
    impairments are based upon a qualifying percentage impairment of one or
    more of the cervical spine, lower extremity, lumbar spine, thoracic
    spine, upper extremity or whole body, using a system developed by the
    American Medical Association. Awards of total and permanent (T&P)
    disability benefits are based on whether a player is able to work,
    taking into account all facts and circumstances. The Player Benefits
    Office automated record system records the decisions of the DICC and
    the Retirement Board, but not the underlying types of injury or
    impairment.

        Question 7. State the process for choosing doctors or other
    healthcare providers who are eligible to administer medical
    examinations to claimants for consideration by the DICC or the Board.
    Identify any qualifications which are considered or required for such
    service.
        Answer. Neutral physicians are selected by the Retirement Board.
    The Retirement Board is advised by two prominent orthopedic surgeons,
    who are not neutral physicians, and who recommend Board-certified
    orthopedists of exceptional quality who have substantial experience
    with the orthopedic problems of athletes. If a non-orthopedic neutral
    physician is needed in a particular location, then, pursuant to a
    procedure set up by the Retirement Board, the nearest orthopedic
    neutral physician is asked to recommend a highly qualified physician
    with the needed medical specialty in that area.
        Medical Advisory Physicians are selected by mutual agreement of the
    NFLPA and the NFLMC, pursuant to section 11.4(a) of the Retirement
    Plan. Medical Advisory Physicians are Board-certified orthopedists who
    previously were Plan neutral physicians, or are physicians of
    exceptional quality in other specialties.

        Question 8. State the process for removing doctors or other
    healthcare providers from the list of those eligible to administer
    medical examinations to claimants for consideration by the DICC or the
    Board. [Next question is not limited to 5 years] Identify every doctor/
    health care provider who has been removed from that list, and the
    reason(s) for such removal.
        Answer. A neutral physician can be removed at any time by the
    Retirement Board. A Medical Advisory Physician can be removed at any
    time jointly by the NFLPA and NFLMC, or 30 days after the NFLPA or
    NFLMC gives written notice of the Medical Advisory Physician's removal
    to the other party, the Medical Advisory Physician, and the Retirement
    Board.
        The automated record system of the Player Benefits Office does not
    record the reason why a particular neutral physician is no longer being
    used. The reasons include:

       The physician has died or retired,

       The physician has voluntarily elected not to be active,

       A physician was needed on occasion in a specific location
            and was used so that a player would not have to travel,

       A physician was needed on occasion to evaluate a specific
            type of injury or medical condition of a player, and

       The physician did not perform the requested tasks in a
            timely manner.

        Exhibit A* is a list of neutral physicians furnished by the Plan
    Office who have performed evaluations for the Retirement Board since
    1985 but who are not currently performing evaluations for the plan.
        *(All exhibits mentioned are retained in Committee files.)

        Question 9. Identify every change in or amendment to the Plan
    Document, or in the rules or procedures governing disability claims, or
    in the benefits offered by the Plans in the past 3 years (e.g., use of
    a Social Security standard, the ``88 Plan''). State the reason for each
    such change. Produce a current copy of the Plan Document, and any
    rules, regulations, or guidelines which are used to administer the Plan
    Document.
        Answer. Exhibit B contains the Retirement Plan amendments adopted
    from 2004 to the present, and Exhibit C contains the current Retirement
    Plan Document and a listing of all amendments to that document.
    Exhibits D and E contain the NFL Player Supplemental Disability Plan
    and the 88 Plan, respectively, and all amendments to those plans from
    2004 to the present.

        Question 10. State the mean and median time between initial filing
    of an application for disability benefits, and (a) decision by the
    DICC, as well as (b) decision on appeal by the Board.
        Answer. The Player Benefits Office automated record system does not
    maintain the information needed to calculate the mean and median time
    taken by the DICC to make an initial decision or the Retirement Board
    to decide an appeal. In particular, the time taken for the applicant to
    respond, and to provide any additional information or to be examined,
    is not tracked.

        Question 11. [Next question is not limited to 5 years] Identify
    every case in which the Board or the DICC has requested more than one
    medical examination of a claimant by a Plans-selected doctor in the
    same specialty, and state the reason for each such request.
        Answer. Exhibit F lists the cases for which the Retirement Board
    referred an applicant to a second medical examiner, based on records
    provided by the Player Benefits Office. This examiner is referred to as
    the ``Medical Advisory Physician'' (MAP). Such referrals are generally
    made when there is uncertainty or ambiguity in the medical records
    presented to the Retirement Board. The referral is made at the option
    of three or more Retirement Board members. The specific reason for each
    referral is not in the automated record system of the Player Benefits
    Office.
        In addition, in rare cases, a player has been referred to an
    examining physician in the same specialty, below the MAP level, when
    the initial examination was unclear or inadequate for any reason. The
    number of times this has occurred is not available on the Player
    Benefits Office system.
        Finally, in 2002, the Disability Initial Claims Committee selected
    14 applicants for line-of-duty disability benefits to be reexamined.
    The purpose of these reexaminations was to measure their impairments
    using a rating system developed by the American Medical Association.

        Question 12. Identify any training or education provided to members
    of the DICC or the Board in order to perform their duties. Provide a
    copy of any documents which are used by them to administer the Plans or
    to decide claims or appeals, other than the case files submitted by
    individual claimants.
        Answer. As indicated in the answers to questions 1 and 2, the
    members of the DICC and the Retirement Board were selected based on
    their ability and their interest in employee benefit plans, among other
    factors. The members of the DICC have attended numerous seminars on
    employee benefit issues. The members of the Retirement Board are
    extensively briefed for 2 days at each quarterly meeting. Other
    meetings on special topics and conference calls occur as needed
    throughout the year. In addition to the plan documents provided in
    response to question 9, the DICC and the Retirement Board use a variety
    of forms to help them administer the Plans. These forms are in Exhibit
    G.

        Question 13. Explain the role of Sarah Gaunt in the DICC and the
    Board's consideration of individual claims and appeals.
        Answer. Sarah Gaunt is Plan Director of the Bert Bell/Pete Rozelle
    NFL Player Retirement Plan. In this capacity, she performs ministerial
    functions including maintaining records and presenting documents, such
    as disability applications, physician reports, and other documents, to
    the DICC and Retirement Board. She has no discretionary authority or
    discretionary responsibility in the administration of the Plan,
    including the determination of disability benefits or the evaluation of
    medical reports, nor any discretionary control with respect to the
    management of the Plan or its assets.

        Question 14. [Next question is not limited to 5 years] Explain the
    role of the Medical Advisory Physician in the decision of individual
    claims or appeals. Identify each case in which the Medical Advisory
    Physician was asked to address a claim or appeal, and the role played
    by the Physician in each case.
        Answer. Section 8.3(a) of the Retirement Plan, which is reproduced
    below, describes the role of the Medical Advisory Physician:

            ``If the voting members of the Retirement Board are deadlocked
            with respect to a decision as to (1) whether a claimant
            medically is substantially prevented from or substantially
            unable to engage in any occupation or employment for
            remuneration or profit within the meaning of Section 5.2, or
            (2) whether an applicant meets the requisite percentage
            disability requirements to be eligible for line-of-duty
            disability benefits, the Retirement Board may by an affirmative
            vote of three voting members submit such disputes to a Medical
            Advisory Physician for a final and binding determination
            regarding such medical issues.''

        Exhibit F contains the requested list of cases, based on records
    provided by the Player Benefits Office.

        Question 15. With respect to the summary table provided at p. 16 of
    the 6/26/07 written testimony of Douglas Ell before the House Committee
    on the Judiciary Subcommittee on Commercial and Administrative Law,
    please state the following:

            a. In the line identified as ``Approved at initial stage,''
            please state whether this includes claims which were approved
            for any benefits of any kind, or whether it includes only
            claims in which the entire benefit sought (i.e., Active
            Football) was approved. Also state whether it includes claims
            in which the DICC or the Board awarded a retroactive date later
            than was sought by the claimant. For example, if a claimant
            sought a retroactive date of 11/02, and was awarded a date of
            11/04, was that counted as an approval or a denial?

            b. In the line identified as ``Approved on appeal,'' please
            provide the same information. Does this include cases in which
            the appeal resulted in any change in the benefits awarded or
            the retroactive date, or does it include only claims in which
            the claimant was awarded both the benefits and the retroactive
            date requested?

        Answer. The table provided at page 16 of the June 26, 2007 written
    testimony of Douglas Ell lists claims and appeals as ``approved'' if
    disability benefits of any kind were awarded at that level. The table
    does not capture the complexities of effective dates or categorization.
    At each level, a claim is listed as ``approved'' if disability benefits
    of any kind were awarded at that level, whether or not the participant
    was awarded all the benefits for which he applied, and whether or not a
    retroactive award was made. Cases listed on appeal are cases where no
    benefit was awarded at the initial level.

        Question 16. Is it true that you plan to use Social Security
    standards for disability approval? And what does that mean?
        Answer. The NFLMC and the NFLPA have agreed to amend the Bert Bell/
    Pete Rozelle NFL Player Retirement Plan such that an eligible player
    who is receiving Federal Social Security disability benefits will be
    considered to have met the Retirement Plan's standards for total and
    permanent disability. Such a player will not, during the period he is
    receiving Social Security disability benefits, be required to further
    demonstrate that he is totally and permanently disabled. The Retirement
    Board will determine the level of total and permanent disability
    benefit to which he is entitled.

        Question 17. What is the ``four point'' plan that will try to
    simplify approval process for disability benefits?
        Answer. We do not know to what ``four point'' plan you refer. The
    NFLPA and the NFLMC are, however, taking a number of steps in
    cooperation with the Retirement Board and the DICC in order to
    streamline our process as much as possible under the Federal rules
    protecting plan participants. The NFL has hired independent benefit
    consultants and independent counsel to identify best practices that
    could be incorporated into the administration of the plans. In
    addition, as described in the answer to question 16, the Plans will now
    recognize the Federal Social Security determination of disability for
    eligible players. The bargaining parties have asked the DICC and the
    Retirement Board if they could meet more often, and more frequent
    meetings should take place soon.

        Question 18. What is the ``Coalition'' planned by Mr. Goodell and
    Mr. Upshaw in the July meeting with retired players ``that will try to
    ease suffering among former players''? What will it do?
        Answer. The ``coalition'' that we have planned has also been
    referred to as the ``Alliance'' and is described in the answers to
    questions 19 and 20 below.

        Question 19. What is the new assistance program that will be
    created to address several critical issues drawing from the league,
    union and ``charities affiliated with pro football'' called the
    ``Alliance''?
        Answer. The NFL, the NFLPA, the Pro Football Hall of Fame and the
    NFL Alumni, Inc. have come together to form an alliance to help former
    NFL players in need. We have established a new charitable foundation
    called the NFL Player Care Foundation. The Foundation has been
    established ``to provide relief to the disadvantaged and distressed,
    with preference to former players in the NFL, including, but not
    limited to, the support, promotion or funding of medical and other
    healthcare or assistance and improvement of the qualify of life.''
        The Foundation has a number of projects it will immediately pursue.
    The Foundation will provide, to former players in need, substantial
    financial assistance for the costs associated with the new NFL Player
    Joint Replacement Benefit Plan, a plan for retired NFL players who need
    joint replacements, and will also provide necessary rehabilitation care
    after joint replacement surgery. The Foundation also provides free
    cardiovascular screening and referral services for former players, and
    is also exploring long term care and other assistance for former
    players.

        Question 20. How does the Coalition plan to continue studying ways
    to improve benefits for the pioneers of the NFL?
        Answer. The NFLMC and the NFLPA continually monitor, through many
    sources both personal and institutional, such as the NFL Alumni, the
    Pro Football Hall of Fame, and the NFL Clubs, all of which employ
    former NFL players, the status and condition of former players, both
    ``football-related'' and the normal process of aging. Each and every
    CBA between the NFLPA and the NFLMC has addressed and provided
    significant additional past service benefits for former players, mostly
    from improvements to the pension plan. We are interested not only in
    the condition of former players but in continually improving the care
    and environment for current players. The Alliance and Player Care
    Foundation are also exploring long term care and other assistance for
    former players and we expect to announce initiatives in these areas in
    the near future.

        Question 21. In a Sept. 13 RTT News story about the likely life-
    altering spinal injury received by Buffalo Bills tight end Kevin
    Everett in a game a week ago says he will receive compensation from the
    National Football League Players Association, an organization that has
    come under fire recently from retired football players. Is it the NFLPA
    who determines benefits under the current plan?
        Answer. The NFLPA does not decide claims for benefits. In
    accordance with regulations of the Department of Labor, initial claims
    for disability benefits are decided by the DICC, whose members are
    described in the answer to question 2. Appeals of disability claims are
    decided by the Retirement Board, whose members are described in the
    answer to question 1. For benefits other than disability benefits,
    please refer to the table contained in the answer to question 22.
        We understand that the reference to compensation in the news story
    refers to disability benefits under the Plan. In the event Mr. Everett
    applies for disability benefits, the Disability Initial Claims
    Committee and Retirement Board will address that claim under its normal
    claims procedures.
        Mr. Everett is receiving his entire salary and all medical care
    under his player contract at this time, and will be eligible for other
    collectively bargained benefits, including pension, disability
    benefits, 401(k), continuing medical benefits, injury protection, a
    health reimbursement account and a severance benefit.

        Question 22. Can we clear up which sources are responsible for
    which benefits? NFLPA? Retirement Plan? Worker's Compensation? New
    benefits in the 2006 CBA imply that some of the benefits do not include
    the older retired players. Is that true?
        Answer. The collective bargaining agreement (``CBA'') between the
    NFLPA and the NFLMC provides retirement, medical, disability, and other
    benefits to active and former players. The 2006 CBA included large
    increases in the benefits for older retired players; for example their
    pensions were increased by 25 percent. The benefits provided to
    players, and which players are eligible for which benefits, are
    summarized below.
        Since 1993, the NFLPA and the NFLMC have agreed four times in
    bargaining to increase retirement and disability benefits.

    ------------------------------------------------------------------------
                                                         Benefits players on
             Plan/Program            Responsible entity      or after \1\
    ------------------------------------------------------------------------
    Retirement Benefits             Retirement Board     All NFL Players
     (Retirement Plan)
    Death Benefits (Retirement      Retirement Board     All NFL Players
     Plan)
    Total and Permanent Disability  Retirement Board     All NFL Players
     Benefits
    (Retirement Plan)
    Line-of-Duty Disability         Retirement Board     All NFL Players
    Group Insurance \2\             NFLMC                1970 Forward
    Severance Pay                   NFLMC                1982 Forward
    Retiree Medical                 NFLMC                1993 Forward
    Savings Plan (401(k)Plan)       Savings Board        1993 Forward
    Total and Permanent Disability  Disability Board     1993 Forward
     Benefits
    (NFL Player Supplemental
     Disability Plan)
    Annuity Program                 Annuity Board        1998 Forward
    88 Plan                         88 Board             All NFL Players
    NFL Player Health               HRA Board            2004 Forward
     Reimbursement Account Plan
    Cardiovascular Health Program   NFLPA/NFL            All NFL Players
                                    Alliance
    Joint Replacement Surgery       NFLPA/NFL            Approved for
                                    Alliance             Implementation
    Assisted Living Program         NFLPA/NFL            Approved for
                                    Alliance             Implementation
    Workers' Compensation           NFL Clubs            All NFL Players
    ------------------------------------------------------------------------
    \1\ This column indicates which NFL players are eligible for these
      benefits by year of play. In some cases, vesting or other eligibility
      requirements may apply.
    \2\ For active players, group insurance includes life, medical, and
      dental benefits. For vested former players, group insurance includes
      medical and dental benefits for 5 years after their NFL careers end.

                                     ______

              Combined Response to Written Questions Submitted by
             Hon. Trent Lott and Hon. David Vitter to Roger Goodell
        Question 1. In oral and written testimony before the Committee,
    several witnesses stated that conflicts of interest impair the fair
    operation of the Retirement Board, because those who appoint the Board
    will gain economically if the Board rejects disability claims. What is
    your response?
        Answer. Simply put, there is no evidence to support their claim.
    The Retirement Board operates in accordance with Federal law as defined
    by the Taft-Hartley and Employee Retirement Income Security Acts, and
    as supplemented by regulations issued by the Department of Labor and
    Internal Revenue Service. Board members and staff make decisions, as
    they are required to do, based on the terms of the Disability Plan and
    based on the medical evidence submitted by an applicant for benefits
    and by one or more neutral physicians. In cases where the Retirement
    Board is unable to reach a decision on a particular application, the
    matter is referred to a third neutral physician (called the ``Medical
    Advisory Physician''), whose medical decision is final and binding on
    the Board.
        The collective bargaining parties, the NFL and the NFLPA, are
    committed to delivering the negotiated benefits, have budgeted ample
    funds to do so, and have appointed Board members and staff who are
    directed to do so. No member of the Board or staff has an economic
    incentive to do otherwise.

        Question 2. As to the inference of collusion between the appointing
    authorities and the Retirement Board, I note that dissatisfied former
    players can appeal Board decisions to court. Although courts have been
    deferential to the decisions of the Retirement Board trustees and the
    trustees of other plans, would collusion between the trustees and the
    appointing authority be a basis to overturn a Board decision? Has any
    court anywhere found evidence of such collusion or a similar violation
    of the trustees' fiduciary duties?
        Answer. Collusion between the trustees and the appointing authority
    would be a basis for a court to overturn a Board decision. We submit
    that no court would defer to a decision tainted by collusion. That
    said, of the 25 occasions on which decisions of the Board have been
    challenged in Federal court, the Board's decision has been upheld in 24
    of those cases. In no case--including the one case that did not uphold
    the Board's decision--was there any finding or credible evidence of
    collusion, either among the Trustees themselves, or between the
    Trustees and the party appointing them to the Retirement Board.

        Question 3. It has been suggested that since disability and
    retirement benefits are paid from the current players' portion of
    league revenues, management should support leaving administration of
    the Plan strictly to the players. What is your response? Further, are
    management-appointed trustees an obstacle to the fair and proper
    administration of the Plan?
        Answer. While it is true that disability and retirement benefits
    are negotiated and treated as part of the portion of NFL revenues
    assigned to players generally, that is not the same as saying that
    these are the current players' funds, and we do not agree that they
    are. Rather the bargaining parties, in budgeting a sum of money for
    benefits, have agreed again and again to earmark amounts for retired
    players, thus allowing both parties to participate in addressing the
    needs of former players.
        Joint management-labor administration of benefit plans has been
    part of Federal law for six decades, and is well recognized as being
    consistent with and in furtherance of Federal labor policy. Far from
    being an obstacle to the fair administration of benefit plans, such
    joint administration serves important interests, including developing
    support from management for those benefit plans, and ensuring that
    unions--which, after all, have the statutory duty of representing the
    interests of current workers who comprise the bargaining unit--do not
    ignore the needs of retirees. Further, as I testified, clubs do not
    believe that the needs of retired players are simply a ``problem'' for
    the union to ``solve.'' Instead, the needs of retired players are a
    concern of both the clubs and the union, and of current and retired
    players alike.
        Not only are the management-appointed trustees not ``an obstacle to
    the fair and proper administration'' of player benefits, the management
    trustees contribute valuable business and investment insight,
    administrative capacity and employer perspective to the process.
    Moreover, the overwhelming number of decisions of the Retirement Board
    are unanimous, reflecting the fact that both management and labor
    trustees administer the plan fairly, and in accordance with its terms
    and the medical evidence presented in each case.

        Question 4. Several witnesses complained that the Plan and its
    operations are opaque and difficult to understand. Are there steps you
    have taken or can take to simplify plan operations and make them more
    transparent? If legal requirements obstruct your ability to streamline
    the plan, do you recommend modifications to address these obstructions?
        Answer. As I testified, we will continue our effort ``to identify
    and implement any reasonable procedural changes that would allow
    disability determinations to be made more quickly and reliably.'' We
    have engaged independent counsel and benefit consultants to advise us
    in this regard, particularly with respect to identifying best practices
    in the administration of disability plans outside professional sports.
    We have attempted to ensure that the standards for making decisions are
    clear and understandable. The Retirement Board relies on standards
    developed by the American Medical Association for deciding partial
    disability, or ``Line of Duty'' cases. And we recently agreed to
    incorporate the medical findings of the Social Security Administration
    in deciding cases of total and permanent disability. Thus, if a player
    has been found to be totally and permanent disabled by Social Security,
    that finding will govern the player's medical eligibility for NFL
    disability benefits.
        Much of the complained-of complexity is the result of the complex
    Federal statutory and regulatory scheme that governs benefit plans. We
    continue to believe, as we advised the Department of Labor in 2002,
    that the regulations governing the operation of the Initial Claims
    Committee have not served the process well and have in fact delayed the
    adjudication of benefit claims. We submitted extensive comments to the
    Labor Department when this requirement was first proposed addressing
    this subject.

        Question 5. Several witnesses alleged that the Plan ``doctor
    shops'' in order to find physicians who will deny disability claims or
    promote conflict in medical evidence that will create a basis to deny
    claims. What is your response?
        Answer. This claim is without substance. For example, the
    orthopedic doctors, who evaluate most of the claims, were identified by
    two acknowledged leaders in the profession, and not by the Plan
    administrators, the parties, or the trustees on the Retirement Board.
    Doctors are chosen based on their skills and experience. The Plan
    maintains, particularly for orthopedic issues, a national network of
    neutral physicians.
        No doctor has been retained because of any record of hostility
    toward disability claims, and no doctor has been dismissed because of a
    history of decisions favorable to disability claimants. The neutral
    physicians are obligated to follow the terms of the Plan, and to apply
    well-recognized standards, such as those established by the American
    Medical Association (in cases of partial disability or ``Line of Duty''
    claims). In cases involving claims of total and permanent disability,
    the Plan will accept medical findings of the Social Security
    Administration and will not require separate medical exams in those
    cases.
        In addition to the report(s) prepared by the neutral physician(s),
    the Plan will always consider medical evidence submitted by a player's
    physician, as well as medical records from the Player's club. Players
    are free to submit their own medical records to the neutral physicians
    who examine them. Because the Plan's fiduciaries are obligated to make
    decisions based on medical evidence, players applying for disability
    claims have an opportunity to supplement the record and ensure that it
    is complete and accurate.

        Question 6. The Committee notes that you and the NFL Players
    Association have formed an ``Alliance'' of programs designed to help
    former players in need. Please describe the current status of the
    Alliance and how you see it evolving.
        Answer. The Alliance is made up of the NFL, the NFL Players
    Association, NFL Charities, the NFL Alumni Association and the Pro
    Football Hall of Fame. We are actively seeking the support of other
    interested parties, including the Gridiron Greats, the group endorsed
    by Coach Ditka. The five parties currently part of the Alliance have
    each agreed both to initial funding commitments, as well as to further
    fundraising efforts to ensure that there will be adequate resources
    available to carry out its program.
        The Alliance is currently focusing on several specific medical
    projects to benefit retired players. Those projects include joint
    replacement surgery and rehabilitation, which will be provided free or
    at reduced cost at leading medical centers throughout the country. A
    second initiative involves comprehensive cardiovascular health
    screening and education, which will be provided at no cost to retired
    players under the oversight of the League's Medical Committee on
    Cardiovascular Health. A third initiative involves identifying a
    network of assisted living facilities throughout the country that will
    provide favorable access to retired players in need of these services.
        Apart from these initiatives, the Alliance is exploring other
    targeted medical services and ways of providing various forms of
    supplemental health insurance to retired players and their families.
        Finally, the Alliance is committed to coordinating all of the
    different services offered by its various members. Doing so will allow
    us more effectively to communicate to retirees and their families and
    identify those in need. By pooling our financial and administrative
    resources, we can better achieve our goal of providing help to retired
    players in need in a timely, confidential, and dignified way.

        Question 7. If the standard for awarding Total and Permanent
    disability claims is that the former player is substantially unable to
    work, what programs do you have to assist former players who do not
    meet this standard but who suffer from football-related injuries?
        Answer. The Disability Plan offers both total and permanent
    disability and partial disability benefits. Retired players who are
    able to work but nonetheless have a disability may seek partial
    disability or ``Line of Duty'' benefits. (They may also seek workers'
    compensation benefits.) As I testified, we are considering further
    measures with respect to partial disability benefits, including
    expanding the time in which retired players may apply for Line of Duty
    benefits to make that benefit available to a greater number of retired
    players. In addition, the Plan offers a total and permanent disability
    benefit based on football degenerative conditions, so if a player
    becomes unable to work within 15 years of his retirement from the NFL,
    he may still apply for and receive a total and permanent disability
    benefit.

        Question 8. Former players have said that they have insufficient
    input into the benefit programs that affect them. Understanding that
    they are not parties to the Collective Bargaining Agreement because
    they are not members of the bargaining unit, will you establish a
    process by which the concerns of former players can be expressed and
    heard?
        Answer. As the question recognizes, Federal labor law requires the
    clubs to bargain with the NFL Players Association as the representative
    of current employees. Nonetheless, the parties to the NFL-NFLPA
    Collective Bargaining Agreement have an admirable and consistent record
    of steadily increasing benefits and of applying those increases on a
    retroactive basis. In the last ten years, the clubs have assumed
    additional retroactive benefit obligations of nearly $400 million.
        We are acutely aware of the concerns of retired NFL players. We
    have consulted with them and will continue to do so, through the
    Alliance, the Hall of Fame, the Alumni Association, the many former
    players who currently work in and around the NFL, and in other ways.
    While it may not be possible to satisfy all of the desires of retired
    players, we will continue to work to ensure that we have a complete
    understanding of their concerns. We are committed through these and
    other mechanisms to listen to the concerns expressed by former players.

        Question 9. What are the current and accurate figures regarding the
    number of players who have applied for disability benefits, and the
    number who have been approved?
        Answer. The information set forth in the NFLPA ``White Paper,''
    which was filed as part of the hearing record, shows that from July
    1993, roughly 1,052 people have applied for disability benefits. Of
    that number, 428 applications have been approved, 576 applications have
    been denied, and the remaining 48 applications are pending.