Stern's Testimony

[Kori Ellis]

TESTIMONY OF DAVID J. STERN
COMMISSIONER, NATIONAL BASKETBALL ASSOCIATION

AND

RICHARD W. BUCHANAN
SENIOR VICE PRESIDENT AND GENERAL COUNSEL,
NATIONAL BASKETBALL ASSOCIATION

BEFORE THE COMMITTEE ON GOVERNMENT REFORM
U.S. HOUSE OF REPRESENTATIVES

MAY 19, 2005

Chairman Davis and Members of the Committee:
The use by athletes of steroids and other performance-enhancing substances is an issue implicating the fundamental integrity of all athletic compe ion. The National Basketball Association (“NBA”), as a result, has a strong and continuing interest in ensuring that these drugs are not used by our players and that our games are conducted on a fair and legitimate basis. Steroids and performance-enhancing drugs also would pose serious risks to the health of our players, which provides a separate but equally compelling rationale for preventing their use in the NBA. Finally, it is simply the fact that young people – and, especially, young athletes – look up to and attempt to emulate professional athletes. It is therefore in bent on the NBA and its players to keep steroids out of our game in order to send the message to all young fans that these substances have no legitimate place in athletic compe ion.

For all of these reasons, the NBA, in conjunction with the National Basketball Players Association (“Players Association”), has – over the past six seasons – paid considerable attention to the issue of steroids and performance-enhancing drugs in our sport. We have agreed on a comprehensive testing program as part of our collective bargaining negotiations; we have amended that program since 1999 to add new performance-enhancing substances as appropriate; and we have created an ongoing program to educate our players about the dangers of these drugs. We have previously produced to the Committee detailed information about the past and current structure of the NBA drug program, how it works, and its results to date.

The NBA and the Players Association are currently engaged in active negotiations for a new labor contract, to succeed the one that is scheduled to expire at the end of the current season. In those negotiations, the NBA has made proposals to the Players Association that would significantly improve our steroids and performance-enhancing drug program, and we are committed to obtaining those improvements as part of any new labor contract. As we describe in detail below, these improvements will, among other things, increase the number of random tests for players, add an off-season testing component, broaden our list of banned substances, and increase the penalties for violators.

It is therefore timely and appropriate for the NBA to have this opportunity to appear before the Committee to testify regarding steroids and performance-enhancing drugs. We appreciate the Committee’s hard work in this area, its seriousness of purpose, and the public attention it has drawn to this very important issue.


* * * * *
The History of the NBA Drug Program
In 1983, the NBA and the Players Association adopted our first drug program. At the outset, the focus of our collectively-bargained program was on drugs of abuse – in particular, cocaine and heroin. Veteran players who tested positive for these substances in “reasonable cause” tests were immediately dismissed from the NBA for a minimum of two years; and, when the program was modified in collective bargaining negotiations in 1988, rookie players who tested positive in either random tests or “reasonable cause” tests were immediately dismissed from the NBA for a minimum of one year. In all cases, players who came forward voluntarily for assistance were provided with appropriate treatment and counseling, and were subject to fines, suspensions, or dismissal for failure to comply with the terms of their prescribed treatment programs.

In 1999, the NBA and the Players Association substantially modified and improved the drug program. Among other things, the list of banned substances was expanded to include steroids and performance-enhancing drugs; testing was expanded to cover veterans as well as rookie players; and penalties for violators were increased. The Medical Director overseeing the NBA’s drug program is Dr. Lloyd Baccus; he has served in this capacity since 1989. Rick Buchanan, NBA Senior Vice President and General Counsel, is the senior NBA executive responsible for administering the program.

The NBA had no evidence in 1999 (and we have none today) to suggest even minimal use of steroids or performance-enhancing substances by NBA players. Indeed, some have suggested that the sport of basketball -- which emphasizes quickness, agility, dexterity, and skill above all other physical attributes – does not lend itself to the use of steroids and performance-enhancing substances, which are primarily used to build muscle mass, strength, and endurance. Nevertheless, both the NBA and the Players Association believed in 1999 that it was important to adopt a policy before any problem could emerge, and the NBA remains committed to that same approach today.

Testing of NBA players for steroids and performance-enhancing drugs commenced with the 1999-2000 season. Under the 1999 program, all players were tested once during training camp (the month of October), and rookies were tested three additional times during the course of the regular season. All such tests were conducted on a random basis – i.e., without prior notice to the player. In addition, all players were subject to testing at any time upon “reasonable cause.” The laboratory used by the NBA also tests for masking agents and diuretics that could be used to hide drug use.

Players who tested positive under the 1999 program were required to be suspended for 5 games (first offense), 10 games (second offense), and 25 games (subsequent offenses). (There was a limited exception to this rule for certain substances newly added to the program in 2000, such as DHEA; positive tests for these substances were to result in suspensions of 2, 8, and 12 games, respectively, for the first, second, and subsequent offenses.) All NBA suspensions are without pay, and all suspensions of players are publicly announced, although the applicable substance was only to be identified upon consent of the player. Any appeal by the player of a drug program suspension did not stay the imposition of the penalty.

In order to remain current with developments in this area, the 1999 drug program provided a mechanism for adding new substances to our banned list. These additions were made by a Prohibited Substances Committee, comprised of one representative from both the NBA and the Players Association, and three drug testing experts that were jointly selected by the parties. Those experts included Dr. Barry Sample, who served as Director of the Anti-Doping Laboratory for the 1996 Summer Olympics in Atlanta, and Dr. Doug Rollins, who served as Medical Director of the Doping Control Program for the 2002 Winter Olympics in Salt Lake City.

In November 2000, the Prohibited Substances Committee added nine new substances to the NBA’s banned list, including androstenedione and DHEA (even though androstenedione was not declared illegal by Congress until 2004, and DHEA is still available over-the-counter). In September 2003, six additional substances were added by the Prohibited Substances Committee, including ephedra and related products. (Again, this was well before ephedra and related products were banned by the FDA in February 2004. The NBA’s prohibition of these substances will not be affected by a federal court’s decision in April overturning the FDA’s ephedra ban.) And, in December 2003, the Prohibited Substances Committee banned Gestrinone and THG.

The NBA has conducted almost 4,200 tests for steroids and performance-enhancing drugs in the six seasons since these substances were banned by our drug program, and have had a total of 23 initial laboratory positives – approximately ½ of 1 percent. Of the 23 initial laboratory positives in the NBA’s program, only three satisfied the additional criteria that must be met for a sample to be confirmed as “positive” under the NBA’s drug program (i.e., a laboratory positive on the “B” sample conducted at a different laboratory, and review and confirmation by the Medical Review Officer). Several initial laboratory positives involved players that were terminated from employment prior to confirmation of their test results; others were found by the Medical Review Officer to be subject to a reasonable medical explanation. Each of the 3 players with a confirmed positive test result was immediately suspended. None of these players are currently playing in the NBA.

In the last few years, the NBA and the Players Association have placed increasing emphasis on the dangers of dietary supplements, which are not subject to approval by the federal government. A special notice regarding dietary supplements is now distributed to all players prior to the start of each season, and is displayed as a poster in each team locker room. The warning states in part:

“Use of supplements has been associated with high blood pressure, heart attack, stroke, seizure, and sudden death. These events have occurred in young adults, including elite athletes, in otherwise good health. Even supplements that are ‘natural’ can have adverse effects. . . . Because supplements are not regulated, their quality and potency may vary significantly from product to product. In fact, supplements may be contaminated with ingredients not listed on the label. Some of these ingredients may be harmful; others may be banned by the NBA/NBPA Anti-Drug Program, and could lead to a positive drug test.”

NBA players must be particularly careful about any supplements they ingest because the NBA’s drug program has a “strict liability” standard. All players are responsible for whatever substances they put in their bodies; a player does not need to have intended to take a performance-enhancing substance in order to violate the policy and be penalized. Thus, players may test positive (and suffer the consequences) as the result of the use of a tainted nutritional supplement or the use of a legal substance, such as DHEA, that is banned by our drug program. In addition to drug testing, the NBA’s drug program contains a substantial education and counseling component. Each NBA player, during each season, is required to attend a “team awareness” meeting, at which substance abuse issues are addressed by members of the program’s professional staff. In addition, prior to their entry into the NBA, rookie players must attend a week-long “Rookie Transition Program,” during which the dangers of drug and steroid use – among numerous other topics – are addressed in detail. A presentation on the NBA’s drug program is also given at the NBA’s Pre-Draft Camp in June of each year, where prospective NBA draftees are gathered. Finally, Dr. Baccus maintains a nationwide network of medical providers, at least one of which is available in each NBA city, to assist players with counseling and treatment as medically indicated.

Improvements to the NBA’s Drug Program
The NBA’s 1999 Collective Bargaining Agreement expires at the conclusion of the current NBA season, specifically on June 30, and the NBA and the Players Association are currently engaged in negotiations for a successor agreement. It is our hope that such an agreement can be reached prior to the end of the season, and our expectation that it will include a number of improvements to the drug program, including additional random testing for all players for steroids and performance-enhancing drugs. The NBA has proposed to the Players Association that the following changes be made to the Program with respect to steroids and performance-enhancing drugs:

All players (veterans and rookies) will be tested at random 4 times during the season (once during training camp and 3 additional times during the season).
All players (veterans and rookies) will be subject to off-season testing.
Penalties for violators will be increased as follows: first offense -- 10 game suspension; second offense -- 25 game suspension; third offense -- dismissal and disqualification from the NBA (subject to reinstatement after two years).
The list of banned substances will be expanded to include all steroids made illegal by the Anabolic Steroids Control Act of 2004, plus additional steroids and stimulants banned by WADA, and a provision will be added requiring that any substance declared illegal by Congress will automatically be added to the NBA’s banned substances list.

Other technical changes will be made to the program, such as lowering the threshold for a positive testosterone test from a ratio of 6:1 to a ratio of 4:1, as WADA did earlier this year, and changing the NBA’s testing laboratory to one accredited by WADA in order to take advantage of the most advanced laboratory science.

With these improvements to our program, our continuing ability to make changes to the list of banned substances through our Prohibited Substances Committee, and our ongoing efforts to educate our players about the dangers of steroids and performance-enhancing drugs, the NBA will soon have an even stronger and more effective drug program. Our fans and players deserve no less.

Public Education
We recognize that one of the Committee's concerns is the extent to which young people, both athletes and non-athletes, are using steroids today. The NBA is fully supportive of efforts to better educate young fans about the dangers of these substances, as well as drugs of abuse such as marijuana and cocaine. Indeed, the NBA, its teams, and its players have made numerous contributions to organizations and initiatives that counsel against substance abuse. The NBA, for example, contributes financially to organizations such as Partnership for a Drug Free America. We have also previously created public service announcements for the “Just Say No” campaign, and currently include anti-drug messaging in our Basketball Without Borders program -- an international basketball youth camp and outreach initiative that promotes friendship, healthy living, and education throughout the world.

NBA teams, as well, have sought to educate young people about the dangers of drug abuse. To name just a few examples: (i) for the past 15 years, the San Antonio Spurs have sponsored the Drug-Free Youth Basketball League, an eight-week basketball league targeting kids from less affluent city neighborhoods and promoting the values of teamwork, discipline, and avoidance of drugs; (ii) the Denver Nuggets provide airtime in their local game telecasts for public service announcements from the Partnership for a Drug Free America/Drug Free Denver, and sponsor a Community Ambassador Program pursuant to which former NBA players speak to kids in the community about the dangers of drug use; (iii) the Dallas Mavericks facilitate a “Hoops for Health” program that places anti-drug messages in classroom materials and in a special section of the Dallas Morning News; and (iv) the Miami Heat will soon announce a partnership and various initiatives with the Miami Coalition for a Safe and Drug-Free Community, and will create public service announcements in support of this program.

NBA players, too, have contributed their efforts to the cause. Dikembe Mutombo, Vlade Divac, Peja Stojakovic, Nene, and Eduardo Najera have all appeared in media awareness campaigns and other events for Sports Against Drugs, a program co-sponsored by the NBA and the United Nations Office for Drug Control and Crime Prevention that educates young people about the dangers of drugs and the benefits of a healthy lifestyle through sports. NBA players, during each season and throughout the off-season, visit countless boys and girls clubs, recreation centers, schools, and hospitals to speak with children and promote the values of a drug-free lifestyle.

The NBA is committed to increasing our efforts in this area and targeting the use of steroids and performance-enhancing drugs. It is our intention, for example, to create a public service announcement directed at this issue that can be aired during NBA television programming. It is similarly our intention to incorporate anti-drug messaging within our Read to Achieve program -- the NBA’s year-round campaign to help young people develop an affinity for reading -- that reaches an estimated 50 million children a year, and within our Jr. NBA/Jr. WNBA Program – a nationwide support program for youth basketball leagues across the country – that reaches approximately 2 million kids and their parents on an annual basis. Finally, we also intend to utilize our website, NBA.com, which is uniquely visited by approximately half a million children each month, to distribute anti-drug messages.

The NBA is aware of this Committee’s creation of the Zero Tolerance Committee, and understands that the current intention is for this Committee to convene in several meetings around the country during the course of this year. We would be pleased to participate on this Committee and to provide our input and ideas during these meetings.


* * * * *
The NBA is fully committed to a strong and effective drug testing program for steroids and performance-enhancing substances. We made a good start in this area with the creation of our first steroids program in 1999, but intend to do better by making improvements in this program prior to the start of next season. We appreciate the attention that the Committee’s efforts have brought to this important matter, and for the opportunity to testify here today. We will be pleased to answer any questions.

[Kori Ellis]

David Stern & Billy Hunter: Congressional Q&A

House Commerce Trade and Consumer Protection Sub Committee: David Stern and Billy Hunter Testify
CONGRESSMAN CLIFF STEARNS: Mr. Hunter, thank you. And I think we’ll go to questions and I’ll start. Mr. Stern I appreciate your comments about the penalties, we might look at those, and you also mentioned the testing. The way the bill’s setup, that it’s, at least one random testing, it could be more. So, but I appreciate you actually telling us how you think we could improve the bill. You know, I just mentioned in the other hearing, the last sentence dealing with the, when the President of the United States spoke in 2004 in his State of the Union, early on in his speech he talked about steroids and he concluded, in his conversation about steroids when he said “So tonight I call on team owners, union representatives, coaches and players to take the lead, to send the right signal, to get tough and to get rid of all steroids now.” So the president was puissant in a way because he talked about this some time ago. We’ve had players both on and off the field say that they would like to see this straightened out. So Mr. Hunter when we come to you and we look at your policy it appears that rookies are tested during training camp, but, and veterans can be tested during training camp. So the question I have for you – Why do you treat the veterans differently than the rookies regarding the frequency and timing of the tests?

BILLY HUNTER: Well, I think simply because we have concluded after negotiations with the NBA years ago that once a player becomes a veteran he’s much more tuned to what’s expected of him. So what we do is try to program the rookies when they come in so that they understand what their obligations and responsibilities are. So that when they make the transition from college to the pros, we put them through the program. Veterans then understand, you know, what they’re gonna be confronting after that first year.

CONGRESSMAN CLIFF STEARNS: So after the first year, the veterans don’t get tested?

BILLY HUNTER: No, veterans get tested, they get tested in training camp and then we have what’s called reasonable cause.

CONGRESSMAN CLIFF STEARNS: Yeah only in their training camp, though.

BILLY HUNTER: They get tested in the training camp and if it’s detected, if it’s discovered that they’re using any kind of drug then…

CONGRESSMAN CLIFF STEARNS: Most of these could, during the training camps, not take steroids, then under your policy then could take them later on and …

BILLY HUNTER: Well, I don’t know when you say under my policy, it’s a joint policy of the NBA and the NBPA.

CONGRESSMAN CLIFF STEARNS: You’re right I stand corrected. Under the joint policy, the way you have it set up, veterans could be tested during the training but it’s not random testing and it’s only a certain period that they’re tested. So my question is to you, particularly for veterans who are trying to achieve and establish a legacy, they could be taking steroids the other time part of the year and you would never test and you would never know. Isn’t that possible?

BILLY HUNTER: Well, no I, it’s always possible, but I think that it’s in bent upon other teams, other coaches, other individuals, that they suspect that a player might be taking some steroid…

CONGRESSMAN CLIFF STEARNS: So you’re saying you’re depending upon the honor system of the NBA players to control whether players take steroids or not?

BILLY HUNTER: Well, I think that has a lot to do with it, but I would also say that, I think as Commissioner Stern indicated early on, the original policy was adopted in 1983. It was then modified sometime in the ‘90s at which time the NBA was always well ahead. We were on the cutting edge of drug policies for professional sports.

CONGRESSMAN CLIFF STEARNS: You see my point, is if you’re depending upon the honor system of the NBA players, and you’re testing them only in a discreet part of the year, during their training, then you’re leaving open all the other time. Do you think that policy would work with the Olympics; do you think it would work with the NCAA? Obviously not, because they have random testing and it’s throughout the whole year and you also see it…

BILLY HUNTER: But I think…

CONGRESSMAN CLIFF STEARNS: And baseball’s doing the same thing.

BILLY HUNTER: Yeah, but I think what has happened, we’ve gone through an evolution, you know when the policy was adopted years ago, we didn’t have the problem, we were on the fore front of the issue in that we did adopt a policy…

CONGRESSMAN CLIFF STEARNS: Mr. Hunter, I suspect that you don’t know that you don’t have a problem if you don’t test.

BILLY HUNTER: Well, I think we do know that we don’t have a problem. I think the statistics indicate that we don’t have a problem.

CONGRESSMAN CLIFF STEARNS: Okay. Commissioner Stern, let me ask you this – When an NBA player goes to play in the Dream Team in the Olympics, that NBA player is willing to be subject to the World Anti Doping Agency.

DAVID STERN: That is correct.

CONGRESSMAN CLIFF STEARNS: So here we have these top flight athletes going to be under the umbrella of the Olympics, then why wouldn’t it make sense for the NBA to be under Olympic testing standards?

DAVID STERN: Well, I…

CONGRESSMAN CLIFF STEARNS: Instead of, I mean you’re willing to do it when you go play in the Olympics, but you won’t adopt their standards.

DAVID STERN: Well I didn’t say to you that we wouldn’t adopt their standards.

CONGRESSMAN CLIFF STEARNS: Oh, I understand, but you’re not now doing it?

DAVID STERN: Well, I would say to you that our, I would say that our drug program, or our anti drug program is a work in progress. In 1983 it was one thing…

CONGRESSMAN CLIFF STEARNS: No, I appreciate that.

DAVID STERN: In 1999, it was another. And I would say to you that what Mr. Hunter said was, I just want to correct one thing, it’s not about an honor system. There is testing of veterans upon a showing of reasonable cause.

CONGRESSMAN CLIFF STEARNS: But who determines a reasonable cause?

DAVID STERN: An independent expert.

CONGRESSMAN CLIFF STEARNS: Who is this expert?

DAVID STERN: It is somebody selected under the collective bargaining agreement. AN independent law enforcement person.

CONGRESSMAN CLIFF STEARNS: So the players select somebody within…

DAVID STERN: No the players and the owners select somebody who, usually it could be a retired judge, or someone in whom we have confidence. Really for the protection of the players, to issue a search warrant in effect.

CONGRESSMAN CLIFF STEARNS: And so that person walks around regularly all year round and inspects?

DAVID STERN: No, no.

CONGRESSMAN CLIFF STEARNS: How do you know he’s getting any corroborative…

DAVID STERN: That person is like a privately selected judge, who if we have reason to believe that a player…

CONGRESSMAN CLIFF STEARNS: How would you have a reason to believe if you don’t test? Intuition?

DAVID STERN: Well, no.

CONGRESSMAN CLIFF STEARNS: How would you, tell me would you have reason to believe if you don’t test?

BILLY HUNTER: By performance. Generally what happens…

SENATOR 1: You can tell by performance?

BILLY HUNTER: Yeah I think you can. I think clearly that when you deal with professional athletes, if you are a professional athlete and you are within that community, I assure you that there will be players -- rumors occur, there's gossip around the league. Someone will say invariably, my man may be on something. Check him out.

CONGRESSMAN CLIFF STEARNS: OK Mr. Hunter, I can show you the last – I could show you a year's worth of NBA games and you can tell --

BILLY HUNTER: No I didn't say me. I said that --

CONGRESSMAN CLIFF STEARNS: This person, this select person, that commissioner Stern said that you could select, that person could look at the films and determine if they are on steroids or not?

BILLY HUNTER: No, no, I think you're misunderstanding what he's saying. What we are saying is we have an independent arbiter, mediator. Someone presents the evidence or information to this individual. He then makes a determination that probable cause exists to then test the player. The player’s then randomly tested.

CONGRESSMAN CLIFF STEARNS: OK.

BILLY HUNTER: So somebody has to collect the evidence on the player first.

CONGRESSMAN CLIFF STEARNS: Right. But Congressman, that's a sideline just to make sure that you understood our policy. The broader question, we don't have a problem with something -- the NBA does not have a problem with a program approaching the --

CONGRESSMAN CLIFF STEARNS: I heard you in the beginning.

DAVID STERN: And it's not an issue for us. I think that there may be an issue, I think there's some unnecessary drugs tested for. But we don't have any issue with that.

CONGRESSMAN CLIFF STEARNS: I appreciate that. You were saying early on parts of the Bill that you support -- and I appreciate that. Commissioner Selig has come out in support of the Bill and that might be because of frustration. Can I assume that you would support this Bill if we looked at the areas that you were concerned about, namely penalties and we had established the testing procedures? Could I assume that you would endorse this bill?

DAVID STERN:Yes.

CONGRESSMAN CLIFF STEARNS: Not down to the I's and T's, but the concept, you're endorsing the bill today.

DAVID STERN: To support the concept subject to obviously --

CONGRESSMAN CLIFF STEARNS: A few changes.

DAVID STERN: Regulations that are going to be issued under it and I would have to see them. But let me say to you, as I said in my opening statement, that we fully expect whatever negotiated policy we come up with through this collective bargaining procedure, to start our next season with a drug program that is far more comprehensive --

CONGRESSMAN CLIFF STEARNS: Much more rigorous

DAVID STERN: Than that's been. So we support Congress' involvement here and we support this legislation subject to the issues that I have raised.

CONGRESSMAN CLIFF STEARNS: I will take that as an endorsement.

DAVID STERN: Yes. Absolutely. Well I am an attorney, so --

CONGRESSMAN CLIFF STEARNS: Alright. I am going to conclude, as my time is over. But I just want to state for the record that 1999 is when you put in the program, there were 23 initial positive tests in the whole history of the NBA steroid policy. Only three satisfied the additional steps of a positive test. I don't know what those additional steps are, we can get into that later. But, you know, the whole idea was a reasonable medical explanation that was excusing all of these other 20 people because during that height from 1999 to 2005 to think there's only three positive tests would indicate, Mr. hunter, that this was not a comprehensive, rigorous program because I think all of us agree that there are steroids in professional sports. And the way you test, I’m not sure if you're getting to the --

BILLY HUNTER: I don't share that agreement unfortunately.

CONGRESSMAN CLIFF STEARNS: OK. We will let it go. My time is up.

DAVID STERN: I’m with -- just to let the record show, I’m with Mr. Hunter on that. The testing process, we split the sample, the rights of the players are protected. The second sample has to come up and then if the player hasn’t already been excluded by the league, our medical director does that. So I don't want to have guilt by non-associations --

CONGRESSMAN CLIFF STEARNS: No, no, but I mean -- just the statistics are a little bit -- over six years to see 23 initial positive tests and only three satisfy a real positive test, I mean it just -- considering everything, it's just a little difficult to comprehend that out of six years, out of all of these players, these rookies, these veterans, that I guess the question is, what is a positive test with the NBA even after you test? I’ve already -- Mr. Hunter said, I’m a little concerned about your testing procedures. It is not random, it varies during the training period. But I say even withstanding that, I’m questioning even the reasonableness of your positive test, what it means. And I will give you another chance --

BILLY HUNTER: But, but why is it so difficult to assume that basketball players may not need to use steroids? That it is an anathema of what they do?

CONGRESSMAN CLIFF STEARNS: I think it is reasonable to assume that if you don't test, you won't find out. And I’ll leave it at that. The gentleman from Massachusetts.

REP. EDWARD J. MARKEY: Thank you, Mr. Chairman, very much. Just so I can get an idea of the parameters of this. Under the existing policy, how many players in the course of last season, how many veterans were tested, after the season began?

BILLY HUNTER: Everybody in the league was tested.

REP. EDWARD J. MARKEY: After the season began?

BILLY HUNTER: No, in training camp

REP. EDWARD J. MARKEY: No, after the season began.

BILLY HUNTER: No, once the season began, there were no veterans tested.

REP. EDWARD J. MARKEY: Right. So the point is -- What I think I have heard, you have a standard of gossip, rumor, innuendo, that could trigger a test

DAVID STERN: or fact --

REP. EDWARD J. MARKEY: or fact, in a course of a season.

DAVID STERN: Correct.

REP. EDWARD J. MARKEY: So how many veterans in the NBA were tested in the 2003-2004 season based upon the standard that rumor, innuendo, or fact had been presented which would justify that testing?

DAVID STERN: None.

REP. EDWARD J. MARKEY: None. Um --

DAVID STERN: That is why we proposed in our collective bargaining and Mr. Hunter has indicated, I think, sort of a broad, general area that will be fruitful, that the number of tests for veterans be increased and to include the season so that we don't have a situation where the non-testing becomes an issue. We want to be able to resolve all of Congressman Stern’s doubts about our players and our testing, whether or not we agree that just because the tests have been negative, that somehow proves -- or some assume guilt – we’re prepared to step up because of the importance of this subject to kids and our fans and to do the testing.

[Summers]

All right, I really have nothing better to do while listening to the Mavs-Suns game and... I really am such a nerd I watched the hearing today (the transcript isn't complete by the way). Just some random thoughts:

CONGRESSMAN CLIFF STEARNS: Mr. Hunter, I suspect that you don’t know that you don’t have a problem if you don’t test.

BILLY HUNTER: Well, I think we do know that we don’t have a problem. I think the statistics indicate that we don’t have a problem.

Okay, yeah, Stearns was annoying as and could've done this without putting Hunter on the defensive, but he had a good point. I don't necessarily advocate further testing because from what I heard today it doesn't sound like it's an issue the NBA needs to deal with, but isn't it a little naive to say players only need to be tested once a year, at training camp (non-randomly). If I were cynical and prone to conspiracy theories, I might even think the lax at ude was intentional.

Was really confusing near the end of their testimony when they were asked to clarify the statistics they were quoting about how many players had tested positive and of those how many were confirmed to have used steroids (3) and of the others how many were dismissed and how many were cleared with medical explanations. I still don't know what they said.

Thought it was funny when they were asked about the policies of the WNBA, both Stern and Hunter had to turn around and ask their lackies behind them for the info.