The 2005 Congressional Hearings on Steroids in baseball: One Former Congressman’s View Interviewer: Charlie Ausbrook Interviewee: The Honorable Tom Davis Instructor: Mr. Whitman February 17, 2015 Ausbrook 2 Table of Contents Statement of Purpose 3 Interviewee Release Form 4 Interviewer Release Form 5 Biography 6-7 “Steroids in Baseball: The 2005 Congressional Hearings” 8-17 Interview Transcription 18-36 Interview Analysis 37-41 Works Consulted 42-46 Ausbrook 3 Statement of Purpose This oral history project examines the issue of steroids in baseball through the view of former congressman Tom Davis, the Chairman of the House Oversight and Government Reform Committee during the 2005 hearings before the Committee. This oral history gives us a primary source that is not in traditional sources and helps us view the Congressional Hearings in 2005. This interview and his personal report from Tom Davis shows the role of government in controlling steroids in baseball. Ausbrook 4 Ausbrook 5 Ausbrook 6 Tom Davis Biography Former Congressman Tom Davis, currently with Deloitte Consulting, was born on January 5th, 1949, in Minot, North Dakota. He lived there for three years and then grew up in Northern Virginia. A single mom with modest means raised him. He earned a scholarship to attend Amherst College. During his college years, Congressman Davis interned in the Nixon White House. Tom Davis graduated from the University of Virginia Law School. Between 1979 and 1991, Mr. Davis was an elected member of the Fairfax County Board of Supervisors and served as Chair of the County Board of Supervisors. In 1995, he ran against Democratic incumbent congresswoman Leslie Byrne and won, making him a representative in the U.S. House of Representatives from Virginia. In 2003, Tom Davis became the Chairman of the House Oversight and Government Reform Committee, which was the committee that investigated steroid use in Major League Baseball. Every year, Tom would go and see Henry Waxman, his ranking Democratic member, and see what was of importance to work on. Waxman suggested working on drug use in sports. Tom Davis said the types of things that are Ausbrook 7 suggested when he meets with Henry Waxman do not usually amount to anything. The topic of steroids was different because it was a health issue. Tom Davis served seven terms in Congress and pushed more than 100 bills into law. He became the first freshman in 50 years to be appointed chairman of a subcommittee, the District of Columbia Subcommittee. He was widely recognized as a skilled legislator, an honest broker, and a political mastermind, by his colleagues. He is known for his exhaustive knowledge of political minutia, able to explain to members of Congress the electoral history of their own districts. Ausbrook 8 Steroids In Baseball: The 2005 Congressional Hearings Curt Shilling, a Boston Red Sox pitcher speaking during a 2005 Congressional hearing on steroid use in Major League Baseball (“MLB”) said, “Steroids is cheating, and winning without honor is not winning” ("Steroid Use in Baseball: Players"). He was a pitcher on the Red Sox who faced the New York Yankees and Roger Clemens, who many thought used steroids countless times. Curt Shilling says something very interesting because he was playing with and against players cheating. Steroids are, according to the Free Dictionary, “any of several fat-soluble organic compounds having as a basis 17 carbon atoms in four rings; many have important physiological effects” (The Free Dictionary). Steroids have been around for such a long time that the first recording of using performance-enhancing drugs came at the original Olympic Games. These original Olympic Games started in 776 BCE. The Greeks, in search of strength, also “drank wine potions and ate animals hearts and testicles” ("Historical Timeline - Drug Use in Sports - ProCon.org"). In the late 19th century, French cyclists used steroids and French lacrosse players drank wine and coca leaves to fight fatigue and hunger. Therefore, in order to understand the perspective of someone who participated in the Major League Baseball steroid use hearings in 2005, it is important to first examine steroid use and knowledge of steroids in Major League Baseball clubhouses and the government's role. In 1928, the federation for track and field became the first international sporting federation to ban steroids for athletes. In February 1968, the IOC instituted its first doping controls at the Winter Olympic Games in Grenoble, France and again at the Ausbrook 9 Summer Olympic Games in Mexico City later that year. On November 24, 1988, President Ronald Reagan signed an act outlawing non-medical steroid sales. “The law adds penalties for crimes involving minors and the sale of drugs within one hundred feet of schools, to address concerns about high school students using steroids” (Anti Drug Abuse Act). On June 7, 1991, then Major League Baseball Commissioner, Fay Vincent, sent a memo to all of the teams that stated: "The possession, sale or use of any illegal drug or controlled substance by Major League players or personnel is strictly prohibited...” ("Historical Timeline - Drug Use in Sports - ProCon.org"). This was the beginning of MLB trying to rid the sport of steroids. Major League Baseball had a steroid “era”1 which tainted baseball’s reputation. Mark McGwire was a big part of this era. In 1998, McGwire admits he used a steroid precursor, after a jar of it was found in his locker. During that season, McGwire hit a Major League Baseball record, 70 home runs. We now know he was able to do that because performance-enhancing drugs were illegal in baseball but there was no enforcement. Then, MLB acknowledged the steroid problem and implemented the first random drug testing program in the minor leagues. This did not do much to help rid baseball of steroids. In 2002, a new policy was established in the major leagues, but no one was ever punished. This policy was put in to gauge the use of steroids. In 2003, Steve Bechler, a Baltimore Orioles pitcher, died from heat exhaustion at spring training. However, a 1 The steroid era occurred between the late 1980’s and the 2000’s. In 1994, Major League Baseball lost most of its fans because of the strike. However, fans came back with the amount of home runs hit. Ausbrook 10 performance-enhancing drug was found in his system, and medical personnel believed that that was the primary cause of his death. After this incident, drug testing began in MLB spring training camps. In 2004, drug testing of major leaguers began, which required that the players be tested during the season. Later that year, “The San Francisco Chronicle prints portions of leaked grand jury testimony given by the Giants' Barry Bonds and the Yankees' Jason Giambi. Giambi reportedly admits injecting himself with steroids and Bonds reportedly says he unwittingly may have allowed his former trainer to rub cream that had a steroid base on his legs” (Lindan and Cherry). We have real evidence of these certain players who did steroids; however, baseball still did not crack down enough. For the 2004 season, MLB and the players association strengthened the drug testing program. The program was stiffened with a 10-day suspension for the first positive test, 30 days for the second, 60 days for the third, and one year for the fourth; all without pay. The first major leaguer to test positive was Tampa Bay Ray’s Alex Sanchez, who was then suspended for ten days. Later, Raphael Palmiero tested positive for steroids even after his well known finger wagging, denying use of steroids, at Congress. He was also suspended for ten days. Moving baseball into action, the House Committee on Oversight and Government Reform suggested baseball create an even stiffer policy. Baseball listened, and penalties for steroid use were strengthened to suspensions of 50 games for the first time, 100 games for a second and a lifetime ban for a third. This stiffer, stricter policy is still in place today, which gives players cause to fear being caught with using steroids. The Committee on Oversight and Government Reform of the United States House of Representatives has broad jurisdiction over many issues. The committee has Ausbrook 11 jurisdiction over public records, personnel, general management, and procurement. The Committee may at any time conduct investigations of any matter without regard to the explicit jurisdiction of another standing committee. This means that even if another committee could have acted on steroid use, the Committee on Oversight and Government Reform could investigate any way. The findings and recommendations of the committee in this kind of investigation are made available to any other committee having control over the matter involved. Major League Baseball revised their steroid policy many times. Until 2002, there was no policy besides the fact that they were illegal drugs. Major League Baseball had no procedure for testing or enforcing the ban. In 2002, players and owners agreed to a program of steroid testing in 2003. They agreed that if five percent or more of the test results were positive, mandatory testing and penalties would be put in place for 2004. Commissioner Bud Selig announced after the 2003 season that five to seven percent of the test results were positive. This testing triggered the new policy in 2004; each player was tested once a year during the season. Under the policy in 2004, when a player tested positive for the first time, he was required to go through treatment. Then for a second positive test in 2004, he would be suspended for 15 days, under the rule. After a fifth positive test, he would be suspended for up to a year.