Congress threatens legislation for drug testing

BY JIM BAUMBACH | jim.baumbach@newsday.com

February 28, 2008

WASHINGTON - With the commissioners of all four major sports and the heads of the respective players associations sitting before them, Congress yesterday threatened to push for legislation for each league's drug-testing policies.

Rep. Bobby Rush (D-Ill.), chairman of the House Subcommittee on Commerce, Trade and Consumer Protection, said, "It is my full intention to move a bill," to legislate the sports' drug-testing policies.

Each commissioner and union director said, in his own way, that it was not needed. NBA boss David Stern was the most outspoken, saying, "This is an area where federal legislation is not necessary."

Rush, speaking to reporters after the hearing, backed off his earlier statement. "There might be a possibility that legislation might not be required," he said, without elaborating.

The tone of this congressional hearing was mostly cordial, with only a few tense give-and-takes about potential legislation. That's a far cry from the Feb. 13 hearing in which the House Oversight and Government Reform Committee grilled Roger Clemens and Brian McNamee.

Neither was mentioned in yesterday's hearing, and Bud Selig and Don Fehr already had left by the time Congress announced its recommendation that the Justice Department investigate whether Clemens perjured himself.

The only active player named yesterday was when Rush referenced Derek Jeter's recent quote that he is open to blood testing for HGH. That is a major point of contention in the sports world; several commissioners said that to their knowledge the blood test for HGH was not known to be completely reliable. But hours later, World Anti-Doping Agency president John Fahey announced that a test for HGH that they believe is effective will be in place for the 2008 Beijing Olympics.

Rush opened the question-and-answer portion of the hearing by asking whether the sports would accept a blood test for HGH if that method is the only proven option.

Selig: "If at the end of this long process that's the only way we can deal with HGH, then the answer is yes."

Stern: "No."

NFL commissioner Roger Goodell: "If there's a valid test, we would certainly consider that."

NHL commissioner Gary Bettman: "If that's the only way to detect that, then yes. Short of that, no."

Rush also had stern words for World Wrestling Entertainment chairman Vince McMahon for not appearing. As Newsday first reported last week, McMahon told Congress he would not be able to attend because his attorney is involved in a lengthy criminal trial in Pittsburgh.

Rush said he was "exceptionally and extremely disappointed" in McMahon's absence.

"Steroid abuse in pro wrestling is probably worse than in any professional or amateur sport. And while I recognize that professional wrestling is not actually a sport, it certainly requires a great deal of athletic talent," Rush said. "I want to [assure] Mr. McMahon that this subcommittee fully intends to deal with the illegal steroid abuse in professional wrestling."

Staff writer Alfonso Castillo contributed to this story.