[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 335 Agreed to Senate (ATS)]










108th CONGRESS
  2d Session
S. RES. 335

Expressing the sense of the Senate that Major League Baseball clubs and 
  their players should take immediate action to adopt a drug-testing 
policy that effectively deters Major League Baseball players from using 
 anabolic steroids and any other performance-enhancing substances that 
create a competitive advantage for, and pose a serious health risk to, 
     such players and the children and teenagers who emulate them.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 8, 2004

  Mr. McCain (for himself, Mr. Biden, Mr. Fitzgerald, Mr. Breaux, Mr. 
 Allen, and Mr. Dorgan) submitted the following resolution; which was 
                        considered and agreed to

_______________________________________________________________________

                               RESOLUTION


 
Expressing the sense of the Senate that Major League Baseball clubs and 
  their players should take immediate action to adopt a drug-testing 
policy that effectively deters Major League Baseball players from using 
 anabolic steroids and any other performance-enhancing substances that 
create a competitive advantage for, and pose a serious health risk to, 
     such players and the children and teenagers who emulate them.

    Whereas the sport of baseball is widely considered America's 
            pastime and an institution inextricably interwoven into the 
            fabric of our culture;
    Whereas anabolic steroids are substances that are chemically and 
            pharmacologically related to testosterone and promote 
            muscle growth;
    Whereas anabolic steroids are Schedule III controlled substances 
            under the Controlled Substances Act (21 U.S.C. 801 et 
            seq.);
    Whereas certain products are sold legally in the United States that 
            promote muscle growth in a manner similar to anabolic 
            steroids;
    Whereas medical experts warn that the health consequences 
            associated with the human use of anabolic steroids or other 
            similar performance-enhancing substances can be dire;
    Whereas medical experts warn that anabolic steroids and other 
            similar performance-enhancing substances can have 
            particularly serious adverse health effects on children and 
            teenagers;
    Whereas these adverse health effects include stunted growth, 
            scarring acne, hair loss, dramatic mood swings, hormonal 
            imbalances, liver and kidney damage, a higher risk of heart 
            disease and stroke later in life, as well as an increased 
            propensity to demonstrate aggressive behavior, commit 
            suicide, and commit crimes;
    Whereas the dangerous and anti-competitive effects of anabolic 
            steroids when used by Major League Baseball players were 
            acknowledged but not adequately addressed by the 30 Major 
            League Baseball clubs and the Major League Baseball Players 
            Association in their September 30, 2002, Collective 
            Bargaining Agreement;
    Whereas the September 2002 Collective Bargaining Agreement does not 
            allow for the imposition of a suspension or fine for a 
            first-time violation of the League steroids policy;
    Whereas the September 2002 Collective Bargaining Agreement does not 
            allow Major League Baseball players to be subjected to more 
            than one unannounced drug test per season;
    Whereas the September 2002 Collective Bargaining Agreement does not 
            prohibit the use of certain performance-enhancing 
            substances that, although legal, promote muscle growth and 
            pose a serious health risk to users;
    Whereas notwithstanding the 2002 Collective Bargaining Agreement, 
            the prevalence of the use by Major League Baseball players 
            of anabolic steroids and other performance-enhancing 
            substances that promote muscle growth and pose a serious 
            health risk, at the very least, appears to be significant; 
            and
    Whereas the use of anabolic steroids and other performance-
            enhancing substances that promote muscle growth and pose a 
            serious health risk to children and teenagers continues to 
            rise: Now, therefore, be it
    Resolved, That--
            (1) the use of performance-enhancing substances such as 
        anabolic steroids poses a health risk, especially to children 
        and teenagers;
            (2) the use of athletic performance-enhancing substances 
        such as anabolic steroids to gain a competitive advantage is 
        tantamount to cheating;
            (3) there is sufficient evidence that children and 
        teenagers tend to emulate professional athletes;
            (4) the effectiveness of the 2002 Collective Bargaining 
        Agreement to deter Major League Baseball players from using 
        performance-enhancing substances such as anabolic steroids has 
        been called into question;
            (5) Major League Baseball and its players should exercise 
        their collective bargaining authority to negotiate and adopt a 
        more stringent drug-testing policy that is sufficient to 
        effectively deter Major League Baseball players from using 
        anabolic steroids or other similar performance-enhancing 
        substances to gain a competitive advantage; and
            (6) taking such a step would help--
                    (A) to preserve the integrity of the game of 
                professional baseball;
                    (B) to protect the health of Major League Baseball 
                players; and
                    (C) to discourage the use of performance-enhancing 
                substances such as anabolic steroids by children and 
                teenagers who seek to emulate professional athletes.
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