Hearing of the House Oversight and Government Reform Committee Panel II - Report on Performance Enhancing Substances in Major League Baseball

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DEL. ELEANOR HOLMES NORTON (D-D.C.): Thank you, Mr. Chairman.

First, I'd like to commend both of you on the progress you've made -- and especially since our hearings. In my view, the most important recommendation in Senator Mitchell's report is his recommendation, I'm going to quote him, for an entity with, quote, "exclusive authority over all aspects of the formulation and administration of the drug program."

Commissioner Selig, you mentioned in your testimony an independent program administrator. I'd like to know what your version of an independent entity would look like; and to ask Mr. Fehr if -- what his thoughts are concerning a completely independent drug-testing program.

MR. SELIG: Well, I'll give my answer first.

I think, since we've been here, we're much more independent. We have tooled the gold-standard labs on the North American continent in Montreal and UCLA. We have Dr. Brian Smith and the University of North Carolina, who Dr. Green had recommended to us. I think that everybody involved in the program will tell you that nobody has overturned any of his decisions, so he has been independent. It's a matter that we'll continue to review. But I think, frankly, based on the results we've gone into very significant detail and surrounded these with the best labs and the best people whose reputations are impeccable. And Dr. Smith, I think if he were here today, would tell you that he has been independent and it's up to us to make sure that he is.

DEL. NORTON: Mr. Fehr.

MR. FEHR: Thank you, Congresswoman.

Let me begin by stating, you know, something which is obvious to labor lawyers, but perhaps in this day and age isn't as well known. Under the law we have the legal right, but more importantly, the responsibility to negotiate all terms and conditions of employment.

DEL. NORTON: You don't have to go -- I totally applaud Mr. Selig. I'm asking you a question --

MR. FEHR: I apologize.

DEL. NORTON: -- because I'm aware of -- I have great respect for collective bargaining. It was one of the subjects I taught at Georgetown Law School. (Laughter.)

MR. FEHR: It would appear so, yes. (Laughter.)

DEL. NORTON: What your views -- your personal views are, however you arrive at that. And you're talking about someone who respects the collective bargaining process, not somebody who thinks we or anybody over -- ought to override it.

What are your views about a completely independent drug-testing program?

MR. FEHR: Let me try again: I believe that there should be an independent program administrator. We have one, as has been indicated. None of his recommendations have been other than complied with.

Senator Mitchell indicated and I agree with -- in his report, and I agree with it -- that there are a number of different alternatives that might be considered. The precise formula that would be adopted needs to be decided in bargaining. I haven't closed yet on the kinds of recommendations that I will make to the players as to what changes make sense. We do expect to get some proposals from the commissioner's office and we'll look at it in good faith and we'll let you know what we come up with.

DEL. NORTON: Well, I appreciate that answer. And by the way, I understand the position you're put in. I'm not asking you to bargain at the witness table.

I do want to indicate that you have a terrible burden, Mr. Fehr, because you do represent players. There's no way for players to feel good about any kind of additional oversight. So I understand that entirely.

MR. FEHR: I appreciate that.

DEL. NORTON: However, from your point of view, nothing would be better than to take this issue over the table -- off the table. And you want to talk about deterrent effect? Imagine the deterrent effect of knowing that an independent entity having nothing to do with anybody -- not just doctors or scientists whom you trust. It's who is going to conduct these random tests. Then the Union does not have to worry about grievances where they've got to represent the player no matter what.

And therefore, I must ask you: What would be your objection to adopting the World and U.S. Anti-Doping Agency standards in baseball? After all you've gone through, just to get this off the table to -- imagine the effect of regaining, almost instantly, the credibility that baseball has lost, the trust -- just in time for the Nationals to come to Washington.

MR. FEHR: I think they would say they're already here, but we are having a new stadium.

Let me just try and respond. I don't think my responsibilities are consistent with doing something just to get it off the table. Our responsibilities are to do two things: We have to negotiate what we think is a fair and appropriate program.

DEL. NORTON: Mr. Fehr, I said "deterrent effect."

MR. FEHR: No. I understand.

DEL. NORTON: Do you want to go with grievances to the players, for the rest -- from here to kingdom come, then be my guest.

MR. FEHR: Well, all I can tell you is that I believe we can and have and will continue to achieve that deterrent effect and we'll see where these discussions take us. And I'm sure that this committee --

DEL. NORTON: Would you --

(Cross talk.)

DEL. NORTON: Well, let me ask Mr. Selig if he would at least consider a totally independent -- I mean, that's one of the recommendations. You said you supported all 20 recommendations. He knew what you all just said to me. He knew about the vast improvement that you've already done, and still he said you needed a totally transparent, independent commission.

Mr. Selig, what would be your response to at least considering that?

MR. SELIG: Well, as I said before --

REP. WAXMAN: The gentlelady's time has expired, but I'd like to let the witnesses answer the question.

Her time is expired to ask questions, but we'd like to hear your response to the question.

MR. SELIG: I really believe, as I said to you earlier, that this program is working independently. But it's a very fair question and it's one we will closely evaluate, because we need to be totally and completely independent.

DEL. NORTON: Thank you.

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