[Senate Hearing 107-1126]
[From the U.S. Government Publishing Office]
S. Hrg. 107-1126
STEROID USE IN PROFESSIONAL BASEBALL AND ANTI-DOPING ISSUES IN AMATEUR
SPORTS
=======================================================================
HEARING
before the
SUBCOMMITTEE ON CONSUMER AFFAIRS, FOREIGN COMMERCE AND TOURISM
OF THE
COMMITTEE ON COMMERCE,
SCIENCE, AND TRANSPORTATION
UNITED STATES SENATE
ONE HUNDRED SEVENTH CONGRESS
SECOND SESSION
__________
JUNE 18, 2002
__________
Printed for the use of the Committee on Commerce, Science, and
Transportation
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SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ONE HUNDRED SEVENTH CONGRESS
SECOND SESSION
ERNEST F. HOLLINGS, South Carolina, Chairman
DANIEL K. INOUYE, Hawaii JOHN McCAIN, Arizona
JOHN D. ROCKEFELLER IV, West TED STEVENS, Alaska
Virginia CONRAD BURNS, Montana
JOHN F. KERRY, Massachusetts TRENT LOTT, Mississippi
JOHN B. BREAUX, Louisiana KAY BAILEY HUTCHISON, Texas
BYRON L. DORGAN, North Dakota OLYMPIA J. SNOWE, Maine
RON WYDEN, Oregon SAM BROWNBACK, Kansas
MAX CLELAND, Georgia GORDON SMITH, Oregon
BARBARA BOXER, California PETER G. FITZGERALD, Illinois
JOHN EDWARDS, North Carolina JOHN ENSIGN, Nevada
JEAN CARNAHAN, Missouri GEORGE ALLEN, Virginia
BILL NELSON, Florida
Kevin D. Kayes, Democratic Staff Director
Moses Boyd, Democratic Chief Counsel
Jeanne Bumpus, Republican Staff Director and General Counsel
------
SUBCOMMITTEE ON CONSUMER AFFAIRS, FOREIGN COMMERCE
AND TOURISM
BYRON L. DORGAN, North Dakota, Chairman
JOHN D. ROCKEFELLER IV, West PETER G. FITZGERALD, Illinois
Virginia CONRAD BURNS, Montana
RON WYDEN, Oregon SAM BROWNBACK, Kansas
BARBARA BOXER, California GORDON SMITH, Oregon
JOHN EDWARDS, North Carolina JOHN ENSIGN, Nevada
JEAN CARNAHAN, Missouri GEORGE ALLEN, Virginia
BILL NELSON, Florida
C O N T E N T S
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Page
Hearing held June 18, 2002....................................... 1
Statement of Senator Brownback................................... 4
Statement of Senator Dorgan...................................... 1
Statement of Senator Fitzgerald.................................. 46
Statement of Senator McCain...................................... 3
Witnesses
Colangelo, Jerry, Managing General Partner, Arizona Diamondbacks. 23
Prepared statement........................................... 24
Fehr, Donald M., Executive Director, Major League Baseball
Players Association............................................ 25
Prepared statement........................................... 28
Greisemer, Dr. Bernard, Pediatrician............................. 37
Prepared statement........................................... 39
Manfred, Jr., Robert D., Executive Vice President of Labor and
Human Resources, Major League Baseball......................... 5
Prepared statement........................................... 7
Schwab, Greg, Associate Principal, Tigard High School............ 29
Prepared statement........................................... 32
Shorter, Frank, Chairman, United States Anti-doping Agency....... 33
Prepared statement........................................... 35
STEROID USE IN PROFESSIONAL BASEBALL AND ANTI-DOPING ISSUES IN AMATEUR
SPORTS
----------
TUESDAY, JUNE 18, 2002
U.S. Senate,
Subcommittee on Consumer Affairs, Foreign Commerce
and Tourism,
Committee on Commerce, Science, and Transportation,
Washington, DC.
The Subcommittee met, pursuant to notice, at 9:30 a.m. in
room SR-253, Russell Senate Office Building, Hon. Byron L.
Dorgan, Chairman of the Subcommittee, presiding.
OPENING STATEMENT OF HON. BYRON L. DORGAN,
U.S. SENATOR FROM NORTH DAKOTA
Senator Dorgan. We'll call the Subcommittee hearing to
order. If we can ask that the door be closed, please.
Good morning. This morning we are going to hold a
Subcommittee oversight hearing on the subject of steroid use in
baseball, and we will deal with the use of performance-
enhancing drugs in other sports, as well.
Following a rather lengthy article in Sports Illustrated on
the issue of steroid use in baseball, and other reports over a
long period of time about the use of performance-enhancing
drugs, we decided to hold this hearing. Senator McCain had sent
a request for a hearing, and I felt a hearing was appropriate,
as well. And so this is an oversight hearing that will not
necessarily lead to Federal legislation, although we hope to
hear about this issue this morning from a number of different
points of view and, from that, evaluate what, if any,
legislative action is necessary.
Let me say that, first of all, I'm a big baseball fan. I
grew up playing baseball in a town of 400 people. I grew up 50
miles from the nearest daily newspaper. I rushed to get it
every day so that I could get to the sports page to try to find
out, in that tiny little piece in a daily newspaper of a town
of 10,000, just a little information every day of what was
happening in baseball. I was quick to get there every single
day to find out how my favorite player, Willie Mays, and
others, were doing. So I come to this with a love of baseball,
an appreciation of the splendid athletes and the owners and
others who are involved in baseball.
Baseball is truly ``America's pastime,'' as it's called. To
become a big leaguer is synonymous with success. And serious
questions these days are raised about that, and we want to
explore them in some detail this morning.
Let me start by saying we invited a fair number of baseball
players, especially retired players, to be with us this
morning. None of them chose to be here at this hearing. But
serious questions are being raised by baseball players
themselves, both retired and active players, about what some
say is an epidemic of performing-enhancing drugs among many of
baseball's most talented competitors.
Fairness should set the standard for the next generation of
amateur and professional athletes, not performance-enhancing
drugs.
The article I mentioned, which was an investigative article
in a Sports Illustrated magazine, described former National
League Most Valuable Player Ken Caminiti as saying that he was
on steroids when he won the prestigious Most Valuable Player
award in 1996. Caminiti maintains that the pressures to perform
are so great, he wouldn't discourage others from using
steroids. He also said that at least half of the Major League
Ballplayers use steroids. We invited Mr. Caminiti to be present
today, as well.
Another retired baseball star, Jose Canseco, is working on
a book in which he reportedly will detail his earlier claims
that up to 85 percent of his former colleagues use steroid
drugs. These claims, by some, have been discounted as not at
all related to fact. But they raise questions, and we want to
have people respond to those questions today.
Mr. Caminiti says he started using steroids in 1996. Prior
to that time, he had never hit more than 26 home runs in a
season. At the end of that year, however, he hit 40 home runs,
had a .326 batting average, and was selected the Most Valuable
Player in the National League.
The medical consequences of performance-enhancing drugs,
and specifically steroids, can be devastating. For example,
steroids can cause heart disease, stroke, aggressive behavior,
and other kinds of dysfunctions. The damage to baseball's
credibility, however, can be as great. Unlike professional
football, basketball, or the Olympics, Major League Baseball,
at the present time, has no drug testing program.
Unfortunately, no current or professional baseball players, as
I said, have responded to our invitation today, but we will
hear from owners, representatives of the baseball players, and
others at this hearing.
So let me just say, as a fan of this wonderful sport, that
I want this sport to produce splendid athletes that can be role
models for America's youngsters. But I certainly don't want to
see America's pastime become a pastime in which these wonderful
athletes engage in the use of performance-enhancing drugs in
order to make it. That is not what baseball should be about.
Drugs have no place in our culture, and certainly not in
America's big-league ballparks.
So, as I said, Senator McCain also had requested, with a
letter, that we hold a hearing on this subject. I'm pleased to
be able to chair that hearing today.
And let me call on my colleague, Senator McCain, for
opening comments.
STATEMENT OF HON. JOHN McCAIN,
U.S. SENATOR FROM ARIZONA
Senator McCain. Well, thank you, Senator Dorgan, for
chairing the hearing to discuss the prevalence and effects of
performance-enhancing drugs in Major League Baseball and sports
in general. And I welcome our witnesses and thank them for
appearing today.
I think that everyone should be aware that this Committee
does have an oversight responsibility of professional sports
and the Olympics, and we do spend time on these issues. And
this one, I think, is important, beyond its effect on Major
League Baseball players. Like it or not, professional athletes
serve as role models to our kids. Mark McGwire's admission, in
1998, that he was using androstenedione to enhance his
performance led to a fivefold increase in sales of that dietary
supplement. Andro is currently legal and in some ways, I think
our witnesses will tell us today, it has some of the same
physical effects and adverse health consequences as anabolic
steroids.
I'm concerned about baseball. I'm concerned about the
possibility of a looming strike. I'm concerned about the health
of the baseball players themselves. But I'm more concerned
about the effect this recent spate of publicity has on young
athletes all over America. If somehow young athletes believe
that it is not only acceptable, but that the way to become a
Major League Baseball player is through the use of anabolic
steroids, that's a terrible message to send to young American
men and women.
So I think this issue is more important than just whether a
group of highly paid baseball players are using substances
that, as witnesses will testify, can be very damaging to their
health. It's the example that is set for young Americans that I
am concerned about and that we should all be concerned about.
I've gotten to know Mr. Fehr very well. I think he's a
fair, decent and eloquent representative of the players. I've
had the opportunity of knowing Jerry Colangelo for many years,
and I'm very pleased that he's here today. And I hope that Mr.
Colangelo, in his testimony, will touch on the fact that the
NBA and the NFL--he was involved in the NBA before he was
involved in organized baseball--have somehow been able to enact
rules and regulations as far as drug testing is concerned, and
I hope that baseball players and the players union will look to
what's being done in the NBA and the NFL as perhaps a model for
what can be adopted by Major League Baseball players.
So I thank you, Mr. Chairman, and I, again, want to point
out that this is more important than whether a bunch of highly
paid athletes are using anabolic steroids. That's the reason
why I think this hearing today is so important. I hope that the
players, as well as the owners, understand the damage that this
can do to the credibility of the game. I don't think any Major
League Baseball player in the record books would like to have
an asterisk next to his name for having used steroids in order
to enhance his performance in an attempt to attain a lasting
record as an outstanding athlete.
So, Mr. Chairman, I thank you for the hearing, and we look
forward to hearing the witnesses today.
Senator Dorgan. Senator McCain, thank you.
Senator Brownback?
STATEMENT OF HON. SAM BROWNBACK,
U.S. SENATOR FROM KANSAS
Senator Brownback. Thank you, Mr. Chairman, and thank you
for holding the hearing.
I want to join my colleague from Arizona in his comments
about the impact of this being broader than just the players
themselves. Baseball is America's national pastime and holds a
special place in Americana and our hearts.
It's certainly with dismay that I've read so many
disturbing comments made by today's ballplayers who got into
the use of performance-enhancing drugs and steroids and illegal
substances, other than ones that are prescribed by doctors.
Clearly, there seems to be a major problem and a major
disappointment requiring redress. It seems to me the simplest
course of action would be, as my colleague from Arizona has
stated, for Major League Baseball to follow the National
Football League and the National Basketball Association and
adopt a no-tolerance policy, complete with year-round testing
as well as medical treatment and counseling for violators.
While these policies may not achieve perfect results, they are
an honest effort to do right by their sport, meet the
expectations of the fans, and look after the long-term health
and welfare of their players.
Now, I understand that Major League Baseball, which
supports a no-tolerance policy, is constrained by its
collective bargaining agreement with its players and
management, and cannot unilaterally impose such a steroid-
testing policy. I would urge Major League ballplayers to match
management's concern in this matter and employ their
representatives to achieve a resolution. I'm confident that
management and the players can work through this to everyone's
satisfaction, especially the fans and the young children, young
players all across the country watching major league sports,
who I believe do not want steroid-assisted cheating in a game
they love. This is a matter internal to baseball, and that is
where it can best be addressed, and I really hope, for the
future of the sport and the future of the young players
watching those professional athletes all across this country
and across the world, that it will be solved by the sport.
Thank you, Mr. Chairman.
Senator Dorgan. Senator Brownback, thank you very much.
Let me make a very important point. I used the names of two
retired baseball players today only because those players
themselves have been quoted. I think it's important that we not
use names of other players. Our goal is not to tarnish the
reputation of players. I only used the names of two retired
players who had already admitted steroid use and wanted to
speak about it publicly. And we had invited both of them to
come to this hearing.
The Senate has scheduled a cloture vote at 9:45, which is
in about two minutes. What I would like to do, is to recess the
hearing for two minutes, having taken these opening statements,
and then we will go vote and come back. And at that point,
we'll call the witnesses to the witness table and begin. I
don't want to interrupt the testimony of the witnesses.
So we will take a ten-minute recess.
[Recess.]
Senator Dorgan. We'd ask if we could reconvene. And if our
witnesses could take their seats at the table, I will introduce
them.
Starting on my left, we have Mr. Robert Manfred, who is the
executive vice president for Labor Relations in the Office of
the Commissioner for Major League Baseball. We have Mr. Jerry
Colangelo, the managing general partner for the Arizona
Diamondbacks, which won the World Series last year. Mr.
Colangelo also owns the National Basketball Association's
Phoenix Suns team. We also have Donald Fehr, who is the
executive director and general counsel for the Major League
Baseball Players Association, which is the player's union. He's
the lead negotiator for the players in their collective
bargaining with owners. And we have Mr. Frank Shorter, chairman
of the board of United States Anti-Doping Agency, who is a
former Olympic athlete of substantial renown. He won the gold
medal in the marathon at the 1972 Olympic Games in Munich,
Germany. We have Mr. Greg Schwab, the former all-conference
offensive lineman for the University of Oregon, who took
steroids in his attempt to make the San Diego Chargers football
team. Mr. Schwab has since become an advocate against steroid
use, and will help us understand the pressure that high school
athletes feel to take steroids or other performance-enhancing
supplements. And we have Dr. Bernard Greisemer, a pediatrician
from Missouri, who has written extensively about steroid use
and teenagers and also has worked as a medical officer at the
past four Olympic Games.
Your entire statements will be made part of the permanent
record. You may summarize, and we will ask all of you to
present your statements, following which we will ask questions.
Mr. Manfred, why don't you proceed?
STATEMENT OF ROBERT D. MANFRED, JR., EXECUTIVE VICE PRESIDENT
OF LABOR AND HUMAN RESOURCES, MAJOR LEAGUE BASEBALL
Mr. Manfred. Thank you. Good morning. My name is Robert
Manfred, and I'm executive vice president of Labor and Human
Resources for Major League Baseball.
In recent weeks, the issue of steroid use in Major League
Baseball has received considerable attention as a result of
revelations by two prominent former players. As I sit here
today, I cannot tell you whether all of the statements made by
these former players are accurate.
What I can tell you is that long before anybody was writing
about the use of steroids in the major leagues, our office, at
the direction of Commissioner Selig, undertook a multifaceted
initiative designed to deal with the related problems of
steroids and nutritional supplements.
The Commissioner began this initiative approximately two
years ago by convening a meeting of Major League Baseball's
medical advisor, Dr. Robert Millman, and group of team doctors.
This group of respected physicians came to the meeting burdened
by two related concerns. First, they were worried about what
they perceived to be a growing trend of steroid use in both the
major leagues and the minor leagues. The doctors believed that
steroids were a threat to the health of our players and to the
integrity of our game.
Second, the team doctors were concerned that steroid use by
Major League players was sending a very dangerous message to
young people who dream about becoming major league players. The
doctors all agreed that steroid use by young people created
health risks even greater than those faced by adults.
The team physicians also came to the meeting armed with
troubling data concerning injuries to major league players. The
discussion centered on facts such as these. There are
approximately 900 major league players on active rosters at any
given time. In 2001, that group of 900 players accounted for
467 trips to the disabled list. This is a 16 percent increase
from just three years earlier.
Not only are more players going on the disabled list, but
their period of disability is increasing. In 2001, players
spent a total of 27,430 days on the disabled list, compared to
slightly more than 22,000 just three years before. This is an
increase of 20 percent. The average stay on the disabled list
has also increased.
The cost of payments to disabled players increased from
$129 million in 1998 to a staggering $317 million last year.
While the doctors could not scientifically establish a causal
connection between the increase in injuries and steroid use,
there was a strong consensus that steroids were a contributing
factor. In this regard, the doctors noted a change in the type
of injuries suffered by players, with many of the injuries
being associated with significantly increased muscle mass
operating on the same joints, ligaments, and tendons.
Last, the doctors raised a topic that should be of great
concern to Congress. They noted that since the passage of the
Dietary Supplement Health and Education Act, nutritional
supplement manufacturers have been given much greater freedom
to market potentially dangerous products essentially without
regulation, provided that the products are not claimed to
prevent, diagnosis, treat, or cure a disease or illness. Many
of the doctors expressed the view that some nutritional
supplements, particularly androstenedione, had all of the
properties of an anabolic steroid.
In the wake of this meeting, Commissioner Selig spearheaded
the development of a four-point initiative to address the issue
of steroids in professional baseball. The goal of the
initiative was and is to eliminate the use of steroids and
dangerous nutritional supplements in professional baseball.
The first point in the program involved the continued
funding of scientific research on the nutritional supplement
androstenedione in an effort to confirm that the supplement, in
fact, has the characteristics of an anabolic steroid. In
conjunction with the players association, the Office of the
Commissioner funded research on this topic at Harvard. In
brief, the study indicates that, taken in sufficient
quantities, androstenedione elevates the level of testosterone
in the body in the same manner as an anabolic steroid. I
recommend the article that summarizes this research to you and
urge Congress to consider passing legislation that would
regulate androstenedione and related substances, such as DHEA.
The second point in the Commissioner's initiative was
education. We felt that it was important for our major league
and minor-league players to understand the essential facts
related to steroids and nutritional supplements and the health
risks associated with those substances. Again in conjunction
with the players association, an impressive educational program
was developed. Dr. Millman and Dr. Joel Soloman, the players
association's medical advisor, jointly authored a booklet
entitled ``Steroids and Nutritional Supplements,'' which has
been distributed to all major league and minor league players.
In addition, over the last two years, all major league and
minor league players have attended in person steroid education
programs.
The third point in the Commissioner's initiative was the
promulgation of the Minor League Drug Prevention and Treatment
Program. The new policy implemented by the Commissioner
dramatically increased the role of the Office of the
Commissioner in minor league testing, banned the use of all
steroids and androstenedione, subjected all minor league
players to three random tests each year, mandated
individualized treatment programs for first offenders, required
discipline for subsequent offenders, and established
confidentiality as a central tenet of the program. Last year,
the Commissioner's office spent more than a million dollars
just on the testing component of this program.
The fourth point in the Commissioner's initiative was to
negotiate a steroid program applicable to major league players.
I say ``negotiate,'' because drug testing is, of course, a
mandatory topic of collective bargaining with the players
association.
Contrary to the impression created by Mr. Fehr's written
statement, we do not have an agreed-upon steroid policy in
Major League Baseball. The Commissioner has unilaterally
promulgated a policy on steroids that the union has
consistently said is not binding on its players. While we have
worked together in certain situations, the current regulation
is ad hoc at best, and dysfunctional at worst.
To address this problem, we made a comprehensive proposal
on steroids to the players association last March. That
proposal would ban the use of steroids and androstenedione,
would require three tests for all major league players each
year, would provide treatment programs for first offenders,
would require discipline for repeat offenders, would establish
confidentiality as a central tenet of the program, and would
involve the participation of the players association and its
medical advisor in the administration of the program.
To date, we have received no substantive response from the
players association to our March proposal. We remain hopeful,
however, that the Players Association will come forward and
address this issue in a meaningful way at the collective
bargaining table. Over the long term, an effective,
confidential, treatment-based program, including testing, will
be good for all players and for the game.
[The prepared statement of Mr. Manfred follows:]
Prepared Statement of Robert D. Manfred, Jr., Executive Vice President
of Labor and Human Resources, Major League Baseball
Good morning. My name is Robert Manfred and I am Executive Vice
President of Labor and Human Resources for Major League Baseball. I
report to Commissioner Allan H. Selig and am principally responsible
for the collective bargaining relationships with the Major League
Baseball Players Association (``MLBPA'') and the World Umpires
Association (``WUA''). I have day-to-day responsibility for the drug
policies that apply to these unionized employees, as well as the
employees of Central Baseball in New York.
In recent weeks, the issue of steroid use in Major League Baseball
has received considerable attention as a result of revelations by two
prominent former players, one through statements made in a Sports
Illustrated article. As I sit here today, I cannot tell you whether all
of the statements made by those former players are accurate. What I can
tell you is that long before anyone was writing about steroids in the
Major Leagues, our office, at the direction of Commissioner Selig,
under took a multi-faceted initiative designed to deal with the related
problems of steroids and nutritional supplements.
The Commissioner began this initiative approximately two years ago
by convening a meeting of respected team doctors as well as Major
League Baseball's medical advisor, Dr. Robert Millman. This group of
respected physicians came to the meeting burdened by two related
concerns. First, they were concerned about what they perceived to be a
growing trend of steroid use at the Major League and minor league
levels. The doctors all agreed that steroids were a threat to the
health of our players and to the integrity of our game. Second, the
team doctors were concerned that steroid use by Major League players
was sending a very dangerous message to young people who dream about
becoming Major League players. The doctors all agreed that steroid use
by young people created health risks even greater than those faced by
adults.
The team physicians also came to the meeting armed with troubling
data concerning injuries to Major League players. The discussion
centered on facts such as these:
There are between 850 and 900 players on active Major League
rosters and in 2001 that group of players accounted for 467
trips to the disabled list.
Those 467 trips to the disabled list was a 16 percent
increase from 1998, just three seasons earlier.
Not only are more players going on the disabled list, but
their period of disability is increasing. In 2001, players
spent a total of 27,430 days on the disabled list compared to
22,100 days in 1998, an increase in nearly 20 percent. The
average stay on the disabled list increased from 55 to 58 days.
The cost of payments to disabled players increased from $129
million in 1998 to a staggering $317 million in 2001. This
trend appears to be continuing in 2002.
While the doctors could not scientifically establish a causal
connection between the increase in injuries and steroid use, there was
a strong consensus that steroid use was a major contributing factor. In
this regard, the doctors noted a change in the type of injuries
suffered by players, with many of the injuries being associated with a
significant increase in muscle mass.
Last, the doctors raised a topic that should be of great concern to
Congress. They noted that since the passage of the Dietary Supplement
Health and Education Act, nutritional supplement manufacturers have
been given much greater freedom to market potentially dangerous
products, essentially without regulation, provided that the products
are not claimed to prevent, diagnose, treat or cure a disease or
illness. Many of the doctors expressed the view that some nutritional
supplements, particularly androstenedione, had all of the properties of
an anabolic steroid, yet they could be marketed without the
restrictions imposed by the Anabolic Steroid Control Act of 1990.
In the wake of this meeting, Commissioner Selig spearheaded the
development of a four-point initiative to address the issue of steroids
in professional baseball. The goal of the initiative was and is to
eliminate the use of steroids and dangerous nutritional supplements in
professional baseball for the following reasons: (1) To protect the
health of our players, (2) to preserve the integrity of the competition
on the field, and (3) to prevent young men from facing the difficult
choice between using steroids or facing a competitive disadvantage in
pursuing their life-long dream of playing Major League Baseball.
The first point in the program involved the funding of scientific
research on the nutritional supplement androstenedione in an effort to
confirm that the supplement in fact has the characteristics of an
anabolic steroid. In conjunction with the MLBPA, the Office of the
Commissioner funded research on this topic at Harvard University. The
results of that study are set forth in an article attached hereto as
Exhibit A. * In brief, the study indicates that, taken in sufficient
quantities, androstenedione elevates the level of testosterone in the
body in the same manner as an anabolic steroid. I recommend this
article to you and urge Congress to consider passing legislation that
would regulate androstenedione and related substances such as DHEA
(dihydroepiandrosterone).
---------------------------------------------------------------------------
* The information referred to has been retained in Committee files.
---------------------------------------------------------------------------
The second point in the Commissioner's initiative was education. We
felt it was important for our Major League and minor league players to
understand the essential facts related to steroids and nutritional
supplements and the health risks associated with those substances.
Again in conjunction with the MLBPA, an impressive educational program
was developed. Dr. Millman and Dr. Joel Soloman, the MLBPA's medical
advisor, jointly authored a booklet entitled ``Steroids and Nutritional
Supplements'' which has been distributed to all Major League and minor
league players and is attached hereto as Exhibit B. In addition, during
spring training, all players were required to attend educational
sessions conducted by physicians selected by Central Baseball.
The third point in the Commissioner's initiative was the
promulgation of the Minor League Drug Prevention and Treatment Program,
a copy of which is attached hereto as Exhibit C. Historically, each
individual Club has determined whether and how to test and treat the
non-union players in its minor league system. Prior to the 2001 season,
the Commissioner determined that this system of individual Club control
was not as effective as it needed to be. The new policy implemented by
the Commissioner dramatically increased the role of the Office of the
Commissioner, banned the use of all steroids and androstenedione,
subjected all minor players to three random tests each year, mandated
individualized treatment for first offenders, required discipline for
subsequent offenders and established confidentiality as a central
tenant of the program. Last year, the Commissioner's Office spent more
than $1,000,000 just on the testing component of the program. Even at
this early stage, we believe this program has been effective in dealing
with the steroid issue.
The fourth point in the Commissioner's initiative was to negotiate
a steroid program applicable to Major League players. I say
``negotiate'' because drug testing is, of course, a mandatory topic of
collective bargaining with the MLBPA. On behalf of the Commissioner and
the Clubs, I made a comprehensive proposal on steroids to the MLBPA
last March. That proposal would ban the use of steroids and
androstenedione, would require three tests for all Major League players
each year, would provide treatment programs for first offenders, would
require discipline for the repeat offenders, would establish
confidentiality as a central tenant of the program and would involve
the participation of the MLBPA and its medical advisor in the
administration on the program.
To date, we have received no substantive response from the MLBPA to
our March proposal. We remain hopeful, however, that the MLBPA will
come forward and address this issue in a meaningful way at the
collective bargaining table. Over the long-term, an effective,
confidential, treatment-based program including testing will be good
for all players and the game.
______
(Exhibit B) Steroids and Nutritional Supplements
Introduction
This pamphlet is intended to provide professional baseball players
with information concerning the use, abuse, and potential adverse
consequences of steroids, nutritional supplements and other substances
believed to augment or enhance training routines or performance. No
pamphlet, however, can serve as a substitute for personalized
professional consultation. Consequently, no player should take any
substances reported or claimed to improve training capacity, to
increase strength and endurance, or to improve performance without
first consulting his personal physician or a physician knowledgeable in
these areas.
Steroids
A distinction has to be drawn between the kinds of steroids with
which virtually every athlete is familiar, those designed to reduce
inflammation, swelling or pain, and the kinds or steroids which are
under discussion here, those designed to increase strength or muscle
mass. The anti-inflammatory steroids are called glucocorticosteroids,
and athletes are most familiar with them under the names of cortisone
or prednisone. The steroids designed to increase muscle size and
strength are called anabolic androgenic steroids (AASs). ``Anabolic''
indicates muscle building properties; ``Androgenic'' indicates
masculinizing properties.
The prototypical AAS is testosterone, the hormone produced by the
testes in men. Testosterone has two separate, but related, effects. One
is the anabolic effect, which is to build muscle size, lean body mass
and body weight, which in turn may provide greater strength and speed.
The other is its androgenic, or masculinizing effect, which accounts
for normal male characteristics, including the distribution of facial
and body hair, deep voice and reproductive and sexual function.
Testosterone is necessary for normal male structure and function.
There are certain medical conditions in which testosterone may be
prescribed by a physician, such as the failure to produce it in
adequate amounts, which can lead to a variety of physical and emotional
problems. Such use in professional athletes, however, is rare.
Also, administration of pure testosterone has not been useful as a
medication or for muscle building or performance enhancement because
the compound is rapidly metabolized and inactivated in the body. In the
laboratory, however, testosterone has been altered in significant ways
to prolong its effects and to increase its potency. For example,
substitution of molecules in certain locations on the testosterone
molecule renders the drug effective when administered by injection into
muscle; substitution of another molecule in a similar position renders
the drug resistant to inactivation by the liver and therefore orally
effective. The drug Primobolan (testosterone enanthate) is effective
for intramuscular use; the drug Metandren (methyl testosterone) renders
it active by mouth. Other drugs such as Deca-Durabolin (Nandrolone) and
Winstrol are synthetic analogues of testosterone (i.e. drugs developed
in laboratories with action similar to testosterone). As the potency of
the anabolic effects is increased, so are the potential and actual side
effects of these preparations.
All AASs are controlled substances under federal law. The Anabolic
Steroid Control Act of 1990 classifies AASs as Schedule III drugs,
requiring a doctor's prescription for use. There are serious penalties
for the illegal manufacture, distribution, and non-medically prescribed
use of AAS. They also are prohibited in baseball. Beginning with the
2001 season, the Commissioner's Office will be undertaking in both the
minor leagues and, in conjunction with the Players Association, at the
major league level, steps intended to eliminate the prohibited use of
steroids.
The regulation of AASs by the federal government predictably has
led to their sale or distribution in a ``black market.'' The result is
that there are many AASs which either are unsafe because of the lack of
testing and safety controls or are lawfully produced but, because they
are secured illegally, lack appropriate labeling. Athletes have been
known to utilize AASs which contain impurities, false dosages and have
other particularly dangerous characteristics. Black market AASs should
be avoided at every turn.
Since many of the unwanted adverse effects of the AASs are related
to their androgenic (masculinizing) properties, attempts have been made
to develop new chemicals that separate the anabolic effects from the
androgenic effects. There appears, however, to be a common site of
action (receptor) for the androgenic and anabolic properties of the
AASs so that to date these attempts have not been successful. The
result is that athletes who take AASs for their anabolic properties, to
increase lean body mass, strength or endurance, cannot avoid the
undesired and often harmful androgenic properties of the steroid being
taken.
It is likely that athletes engaged in certain sports could derive
greater benefit from AASs than other athletes. The dose and pattern of
use vary between athletes and certainly between sports. For example,
weight lifters, whose focus is on muscle mass and strength, probably
would benefit from the use of high doses of AASs, whereas a fencer
might derive less benefit or even negative results. Between the two,
mixed results might be expected. In baseball, for example, the
additional muscle mass associated with AASs presumably might enable
batters to hit the ball farther, but the frequency with which the
hitter might be able to do that might be undercut by the reduction in
flexibility and adaptability that could be expected from increased
muscle mass. Also, since the increase in muscle mass associated with
AAS use is not accompanied by a corresponding increase in tendon or
ligament or joint size or strength, the risk of serious injury is
increased. This is a major problem with the use of AASs.
All AASs have harmful side effects, which vary with the particular
AAS, its dosage, the method and frequency of its use, and the length of
time over which it is used. Patterns of use include ``stacking'', which
is the use of several compounds at the same time for their additive
effects (some athletes have used up to eight compounds simultaneously)
and ``pyramiding,'' where the drugs are taken in cycles of increasing
doses then decreasing doses with periods of no drug use. Other drugs
are sometimes used to minimize the side effects of the AASs or
withdrawal that may occur when they are stopped. Some of the side
effects are reversible, but others are not. The side effects may
include:
Effects on the musculoskeletal system
Injuries are common among steroid users. As noted earlier, a
principal reason for this is that the increase in muscle mass or
increased speed associated with AAS use is not accompanied by a
proportionate increase in the strength of tendons, ligaments or joints.
In recent years, there is evidence that the frequency of injury in
baseball players has increased and might be related to increased muscle
mass and strength. More people have been on disability lists for longer
periods of time. In fact, AAS use may have an actual negative effect on
tendons and ligaments, there being at least one study which showed that
chronic use of steroids reduced tendon strength. Increased injury may
also relate to the rapidity of weight gain, such as an athlete gaining
30 or 40 pounds in a period of time much too short for his body to
adapt to such a significant increase in size, and thereby heightening
the risk of injury.
AASs cause the premature closing of the growing ends of bones in
young people who are still growing. The persistence of growth of long
bones varies among individuals though it would appear that anyone under
the age of 19 may be at risk for stunting their growth with the use of
these drugs. The height reducing effect of AASs in young people is
irreversible. Unfortunately, young people often lack judgment and have
a sense of invulnerability such that high doses of these drugs may be
taken at early ages.
Effects on personality
It is well documented that AASs can cause a variety of mental
changes, including irritability, excessive aggression, mania, paranoia,
depression (frequently accompanied by suicidal thoughts), anxiety and
panic. AAS use can also lead to psychological and physical dependence
which makes it hard to curtail use, and dependent users have
experienced a variety of withdrawal symptoms when attempting to stop
using. A reasonably common problem in AAS users could be called
``reverse anorexia'' where they become fearful of not continuing to get
heavier, more muscular and more masculine. This is a particularly
dangerous property of AAS use, since most of the unwanted side effects
are more likely to occur the longer the use continues and the higher
the dose taken.
Hormonal and other effects
By a feedback mechanism, AASs suppress the normal production of
testosterone in the body. A reduction in naturally produced
testosterone can lead to decreased sperm production, with testicular
atrophy, sexual problems and thyroid problems. High doses of AASs lead
to male pattern baldness, acne, prostate enlargement, thyroid problems
and a decrease in the high density lipoproteins (HDL), the so-called
``good cholesterol,'' and an increase in the ``bad cholesterol,'' the
harmful low density lipoproteins (LDL). These changes can increase the
risk of heart disease and stroke. AASs also cause salt and water
retention, predisposing people to high blood pressure and heart
failure.
In addition, when AASs and testosterone are metabolized by the
body, they break down into female hormones. It is this feminizing
effect of the high doses of AASs that accounts for the increase in
breast size (gynecomastia) that male AAS users sometimes experience.
The adverse effects of the AASs relate also to the method of their
administration. AASs are generally used orally or intramuscularly. If
taken orally, most of the AAS is inactivated by the liver, resulting in
an increased risk of decreased liver functions, liver tumors and cysts.
If, on the other hand, the AAS is taken by injection, the risks
associated with needle use emerge, including HIV, hepatitis and other
infections.
Among the more commonly used AASs are:
Injectable AAS Oral AAS
Deca-Durabolin (Nandrolone Anadrol-50 (Oxymetholone)
decanoate)
Depo-testosterone (Testosterone Anavar (Oxandrolone)
cypionate)
Delatestryl (Testosterone Dianabol (methandrostenealone)
enanthate)
Durabolin (Nandrolone Halotestin (Fluoxymesterone)
phenpropionate)
Primobolan (Metheneolone enanthate) Maxibolin (Ethylestrenol)
Metandren (methyltestosterone)
Nibil (methanalone acetate)
Nilevar (norenthandorolone)
Winstrol (Stanozolol)
Nutritional Supplements
There are a host of nutritional supplements on the market. They
include vitamins, minerals, amino acids, plant derivatives, and other
natural and synthetic substances, and they come in a variety of forms,
including powders, tablets, and liquids.
All of the supplements claim to improve an athlete's sense of well
being, strength or performance in one fashion or another. In assessing
the utility of, and the risk of taking these supplements, however, an
initial distinction should be drawn between supplements whose claims
are based on the alleged capacity of the product to increase
testosterone levels, and those that do not make such claims, but rather
rely upon the particular properties of the supplement to allegedly
enhance endurance or strength in some other way. Supplements which
increase testosterone levels, if they really do that, are more fairly
regarded as steroids.
Androstenedione and DHEA
In this latter class of nutritional supplements, the most common
are those containing either DHEA (dihydroepiandrosterone) or
androstenedione. Both effectively ``become'' testosterone because of
the way testosterone is produced in the body. DHEA is a naturally
occurring hormone which, through interaction with other chemicals in
the body, converts into androstenedione. Androstenedione, in turn, by a
similar process, converts into testosterone. The theory behind DHEA-
based supplements is that they will produce more androstenedione, which
eventually will increase the user's testosterone level. Predictably,
the theory behind andro-based supplements is that they too will
increase testosterone levels, and do so more directly than would be the
case through an increase in DHEA levels.
Precisely because DHEA is one step further removed in the
testosterone producing chain of reactions, the impact of supplements
containing it is more speculative. Indeed, there has been very little
scientific testing of such supplements. They are, nonetheless, quite
expensive.
More is known about androstenedione, largely as a function of a
study jointly sponsored by Major League Baseball and the Players
Association. The baseball study came on the heels of another study
which suggested that testosterone levels were not increased by
administration of androstenedione. The baseball study, however,
utilized dosage levels significantly above those recommended by the
manufacturer, and increases in testosterone levels were found in the
study's subjects. It is this finding, a major contribution to knowledge
about androstenedione and about which the sport should be proud, that
indicates that androstenedione, from a practical perspective, should be
regarded as a steroid.
The reason androstenedione is not a regulated steroid appears to be
simply a matter of timing. In 1994, Congress passed the Dietary
Supplement Health and Education Act. This law gives nutritional
supplement manufacturers greater freedom to market products as long as
they do not claim to prevent, diagnose, treat or cure an illness or
disease. The result was the emergence of innumerable nutritional
supplements that were not subject to any stringent chemical analysis.
Now that we know that at least some androstenedione-based products do
increase testosterone levels, it may be time for the federal government
to revisit whether such products should be placed alongside other
steroids covered by the Anabolic Steroid Control Act.
As noted earlier, it appears that testosterone levels are only
increased by administration of androstenedione when the manufacturer's
suggested dosage is exceeded, yet, any time that is the case, there is
increased risk of adverse side effects. Thus, a quandary related to use
of such supplements: if the player takes androstenedione at the
recommended level, he is unlikely to receive significant benefit; if,
on the other hand, he exceeds the recommended level, he may achieve the
muscle mass increase he seeks, but only at the expense of increasing
the possibility of adverse side effects.
Finally, while andro-based supplements are purchasable over-the-
counter and are legal to take, they are, for that very reason, readily
available to young people. Seeking to improve athletic performance,
they may take large doses at frequent intervals and put themselves at
risk of serious side effects. Players may wish to keep this in mind in
determining the benefits and detriments of steroid-type nutritional
supplements.
Creatine, Carnetine and other supplements
Many factors go into whether a player should take other nutritional
supplements. These include the nature of the particular substance
purporting to bestow the claimed effect (``what it is''), its
concentration in the product available for sale (``how much of it is in
the product''), its dosage, both suggested and actual (``how much does
it say I should take; how much do I take''), and its purity (``how
refined is it''). In addition, an individual's body chemistry is
important, since no two individuals react exactly the same to any
substance, including everyday foods and beverages.
Other factors may also play a role in determining what effect, if
any, a nutritional supplement may have. They include whether the
individual is taking other substances, including prescribed medicines,
and the interaction between the supplement and those other substances;
the time of day the supplement is taken; and even the expectation the
player has about the effect the supplement will have on his training
routine. Importantly, precisely because the effect of using a
nutritional supplement will vary from individual to individual
depending on such considerations, players, in deciding whether to take
a nutritional supplement, should not depend upon another person's
experience with the substance.
Common nutritional supplements available at health food stores, on
the internet, at supermarkets or pharmacies are those containing
ephedrine, caffeine, creatine, and various vitamins and minerals. The
manufacturers' claims for many of these products often have little
relationship to reality. Simple products available at relatively low
cost are often quite expensive when marketed under different names and
called a ``dietary'' or ``nutritional supplement.'' It may be useful to
ask a physician or trainer knowledgeable in these areas to comment on
the various products.
Creatine
Athletes in a variety of competitive sports have used synthetic
creatine supplements. The manufacturers of various creatine products
have made extravagant claims for their products related to increase in
energy, muscle mass and endurance. It is important to understand that
the bases for many of those claims are marketing and advertising, and
not the result of controlled scientific studies which can be
substantiated. In the scientific literature, there are many conflicting
reports concerning its effectiveness.
Creatine comes from three sources: the body is able to synthesize
it; it is a natural substance found in food; and it can also be
prepared synthetically. It is composed of three amino acids, glycine,
arginine and methionine and is found in most protein rich foods,
especially fish and meats. It is stored in muscle as creatine
phosphate, a precursor of adenosine triphosphate, which is the
immediate source of energy for muscle contraction. Most people consume
approximately 1 to 2 grams of creatine in their daily diet, and produce
similar amounts in their bodies, thus maintaining normal energy
metabolism.
Creatine may be used in two ways: to enhance the burst of energy
needed for short, intense activity, and as a training supplement.
Creatine alone does not appear to increase muscle mass. By allowing
people to train more intensely, however, it could allow for faster and
more pronounced muscle growth and strength. On the other hand, there
may be dangers associated with rapid muscle growth, which would put
athletes at higher risk of injury. This issue requires further study.
Studies have shown that ingestion of large doses of synthetic
creatine increases the level of creatine phosphate in the muscles which
allows the sustaining of powerful muscular contractions and delaying
fatigue. There appears to be an increase of short term energy for
explosive muscle movements. This can be an asset in a workout regimen
and may improve performance in short-term high intensity exercises such
as sprints or laps. Other studies have shown, however, that sustained
athletic performance and maximum oxygen uptake are not enhanced by
creatine supplements. The medical literature also suggests that
creatine does not enhance hand-eye coordination.
Creatine manufacturers recommend starting with a total daily
loading dose of 10 to 20 grams a day for 5 days, followed by a total
daily maintenance of 2-5 grams per day. Increasing the dosage will not
increase the positive effects. As with other substances, there is a
direct correlation between excessive dosage and the risk of side
effects.
Although manufacturers of creatine state that it is safe to use;
there are no carefully controlled studies on either effectiveness or
side effects. Overuse of the drug may put excessive strain on the liver
and kidneys. It may also cause acute and severe diarrhea. It is
essential that adequate amounts of fluids be taken with creatine, since
creatine is excreted by the kidneys. Inadequate fluid can lead to
dehydration and muscle cramping.
There is very little information available about the manufacture
and purity standards of creatine, nor have the effects of its
interaction with other supplements or medications been adequately
studied. Since use of creatine is a recent phenomenon, long-term
studies are obviously unavailable. Athletes with kidney disease or
other health problems should not take creatine without physician
supervision.
Carnitine
Carnitine is a combination of two essential amino acids, lysine and
methionine. It is a normal part of the body's metabolism and is used in
the oxidation of amino acids. It also decreases the levels of lactic
acid in muscles during exercise. In athletes, normal carnitine levels
drop during intense exercise. Supplements containing carnitine are
intended to replace the natural carnitine that is lost. Care must be
taken, however, in the type of carnitine used. There are two forms, the
dextro and the levo (``d'' and ``l''). Most nutritional supplements are
a combination of the two and are labeled ``dl-carnitine'' or ``racemic
carnitine''. Only the l-form is active and effective. The body cannot
use the d-form, and its presence may actually cause a deficiency in
effective carnitine levels
Ephedrine
Ephedrine is a stimulant that is available without a prescription
in a variety of nutritional supplements that purport to improve
performance and/or decrease appetite. It is extracted from a Chinese
herb variously called Ma Huang or Ephedra. In this form it has also
been known as herbal ecstasy. Performance increases may occur with
these drugs in the short-term, particularly when performance has been
compromised by fatigue or lack of sleep. Increased doses generally do
not lead to enhanced performance. There have been a number of severe
side effects reported related to the drug, including high blood
pressure, rapid heart rate, seizures, strokes, heart attacks and death.
Ephedrine is also associated with psychological side effects such as
increased irritability, anxiety, tremors, paranoia and, in rare
instances, a complete break with reality. The psychological effects of
the drug often severely impair performance. These drugs can be
associated with severe dependency or addiction, such that the
acquisition and use of the chemical becomes an overriding concern of
living. Commercial preparations containing ephedrine include ``Ripped
Fuel,'' ``Ultimate Orange'' and ``Metabolife,'' which also contain
large amounts of caffeine.
St. John's Wort
Although not advertised as an antidepressant, in order to retain
its status as a nutritional supplement, St. John's Wort is an herbal
preparation believed to be effective in mild depression, anxiety or
insomnia. It is generally taken in doses of 300 mg, three times a day.
The side effects are relatively mild, but include photosensitivity, a
heightened skin and eye sensitivity to the sun which may be of
importance to baseball players. It also causes gastrointestinal
problems in some people.
Other Substances Claimed to Improve Performance
Human Growth Hormone (HGH)
HGH is a hormone produced by the pituitary gland that is
responsible for normal growth and development. It is used as a
medication to treat children who are deficient in the hormone as well
as those whose height is significantly below normal. Rumor and
anecdotal information have created the idea that the drug is potent and
associated with few side effects as an anabolic agent. Athletes have
used it for its anabolic properties and it is much sought after and
extremely expensive. It may increase fat-free mass and total body
water, but it does not appear to increase muscle size, strength or
performance. It originally was extracted from the pituitary gland of
cadavers, and was associated with a number of deaths probably related
to an infectious agent similar to that which causes ``Mad Cow
Disease.'' Currently the hormone is synthesized in laboratories. There
is also a large amount of counterfeit HGH, for example vials labeled
Lilly Humatrope that actually contain other materials, such as human
chorionic gonadotropin (see below).
Human Chorionic Gonadotropin (HCG)
HCG is a naturally occurring hormone produced by the placentas in
pregnant women. It is the basis for most pregnancy tests and is used in
the treatment of infertility. In men, HCG stimulates production of
testosterone in the testes. Athletes often use HCG during or after high
doses of AASs to reduce side effects such as testicular atrophy or to
avoid the crash after cessation of the AAS use. HCG can also cause side
effects similar to the AASs, such as male breast growth, acne, mood
swings and high blood pressure. In young athletes, HCG, like the AASs,
can cause stunting of growth.
Erythropoietin (EPO)
EPO is a naturally occurring molecule that regulates red blood cell
production. It has been synthesized to be used medically in order to
treat a number of anemias. It could enhance performance and endurance
in certain sports, but little confirming data is available. It is the
drug that has been implicated in the bicycle racing doping scandals
because of its capacity to increase the oxygen-carrying capacity of the
blood and the delivery of more oxygen to muscle. It has the potential
for serious and even fatal side effects, such as stroke and heart
attack.
Conclusion
This report was developed to give you a greater understanding of
the nature, benefits, if any, and risks associated with the use of
products claimed to improve your capacity to train or perform as a
professional baseball player. No pamphlet, of course, can provide you
with all the information you need to know, nor with important
developments that may take place after its publication. There is,
therefore, as mentioned at the outset, simply no substitute for
professional consultation in conjunction with your training regimen.
Professional baseball players are subject to intense pressure to
perform. Because of this pressure, it is not surprising that some will
look for an edge where they hear one may be found, and the claims of
steroid and supplement manufacturers can be loud indeed. But, given the
increasing evidence of the potential for severe, even career ending,
injuries, the many side effects, and the unpredictability of the
results that have come to be associated with such substances, athletes
must be extremely careful with what substances they use.
If you have concerns or questions on this subject, we encourage you
to talk with a qualified professional. It may be a private consultant,
your team doctor, your trainer, a representative of your Employee
Assistance Program, or any other qualified professional in whom you
have confidence. Such contacts should be private and confidential.
Please feel free, also, to consult at any time with Joel Solomon, M.D.,
the Medical Advisor to the Major League Baseball Players' Association,
at (212) 595-9119, or Robert B. Millman, M.D., the Medical Advisor to
the Office of the Commissioner, at (212) 746-1248, and to seek from
them any further information you desire regarding this important
subject.
______
(Exhibit C) Major League Baseball's Minor League Drug Prevention and
Treatment Program
The Major League Baseball Minor League Drug Prevention and
Treatment Program (the ``Program'') has been established to prevent and
end the use of Prohibited Substances (defined in Section 2 below) by
non 40-man roster Minor League players. The Office of the Commissioner
has concluded that the use of Prohibited Substances is potentially
hazardous to a Player's health and may create an unfair competitive
advantage on the playing field.
1. Health Policy Advisory Committee
A. Minor League Health Policy Advisory Committee Members
The Minor League Health Policy Advisory Committee (``MLHPAC'') is
responsible for administering and overseeing the Program. MLHPAC shall
be composed of the Office of the Commissioner's medical representative
(``Medical Representative'') and two other representatives (with at
least one representative being a duly licensed attorney).
B. Appointment and Removal of MLHPAC Members
The respective representatives shall be appointed and removed by
the Office of the Commissioner's Executive Vice President of Labor
Relations and Human Resources and such representatives shall not serve
a minimum term.
C. Duties and Responsibilities of MLHPAC
MLHPAC shall have the following duties and responsibilities:
1. Establish advisory groups as it deems necessary to the
effective administration of the Program, provided that no such
advisory group may incur any extraordinary expenses without the
approval of the Office of the Commissioner;
2. Prepare and undertake educational presentations supporting
the objectives of the Program;
3. Administer the Program's testing requirements;
4. Establish uniform guidelines or requirements for Clubs'
Employee Assistance Programs (``EAPs'') and monitor the
performance of all such EAPs;
5. Conduct investigations;
6. Determine a Player's placement on either the Clinical or
Administrative Track;
7. Create, or participate in creating, individualized programs
for Players on the Clinical or Administrative Track
(``Treatment Programs'');
8. Monitor and Supervise Players' Treatment Program progress.
9. Establish, monitor, maintain and supervise the collection
procedures and testing protocols set forth in Addendum A
hereto;
10. Review periodically the operation of the Program and make
recommendations to the Office of the Commissioner for
appropriate amendments; and
11. Take any and all other reasonable actions necessary to
ensure the proper administration of the Program.
2. Drugs of Abuse and Steroids
All non 40-man roster Minor League Players shall be prohibited from
using, selling (or helping to sell) or distributing (or helping to
distribute) any Drug of Abuse and/or Steroid (collectively referred to
as ``Prohibited Substances'').
A. Drugs of Abuse
Any and all drugs or substances included on Schedules I and II of
the Code of Federal Regulations' Schedule of Controlled Substances, as
amended from time to time, shall be considered a Drug of Abuse covered
by the Program. The following is a non-exhaustive list of Drugs of
Abuse covered by the Program:
1. Amphetamine and its analogs
2. Cocaine
3. LSD
4. Marijuana
5. Opiates (Heroin, Codeine, Morphine)
6. Phencyclidine (``PCP'')
7. MDMA (``Ecstasy'' or ``X'')
8. GHB
9. Alcohol \1\
---------------------------------------------------------------------------
\1\ A Player will only be required to enter the Administrative
Track (or the Clinical Track) for alcohol-related reasons if his
consumption of alcohol and/or habitual use of alcohol is or may be
problem for the Player.
B. Steroids
Any and all anabolic androgenic steroids included on Schedule III
of the Code of Federal Regulations' Schedules of Controlled Substances
(Schedule III) shall be considered a Steroid covered by the Program.
Anabolic Androgenic steroids that are not included on Schedule III but
that may be illegally obtained are also prohibited. The following is a
non-exhaustive list of Steroids that are prohibited:
1. Bolasterone
2. Bolderone
3. Clenbuterol
4. Clostebol
5. Dehydrochlormethyltestosterone
6. Dromostanolone
7. Ethylestrenol
8. Furarebol
9. Mesterolone
10. Methandienone
11. Methandriol
12. Methenolone
13. Mibolerone
14. Nandrolone
15. Oxymacaterone
16. Stanazolol
17. Trenbolone
Androstenedione shall also be deemed a Steroid covered by the
Program despite the fact that it is not included on Schedule III.
C. Adding Prohibited Substances to the Program
MLHPAC shall have the right to add a Prohibited Substance to this
Section 2.
3. Random Testing
A. Drugs of Abuse
1. In addition to the testing set forth in Section 4 below, all
non 40-man roster Minor League players will be subject to up to
three random tests per year for the use of any Drug of Abuse.
2. If a Player tests positive for any Drug of Abuse, he shall
immediately enter the Administrative Track and shall be subject
to the discipline set forth in Section 9.
B. Steroids
1. In addition to the testing set forth in Section 4 below, all
non 40-man roster Minor League players will be subject to up to
three random tests per year for the use of Steroids.
2. If a Player tests positive for any Steroid, he shall
immediately enter the Administrative Track and shall be subject
to the discipline set forth in Section 9.
C. Collection Procedures
All Program testing shall be conducted in compliance with the
Collection Procedures set forth in Addendum A hereto.
D. Positive Test Results
Any test conducted under the Program will be considered
``positive'' for either a Drug of Abuse or Steroid under the following
circumstances:
1. If any substance identified in the test results meets the
levels set forth in the Testing Protocols section of Addendum A
hereto.
2. A Player fails or refuses to take a test pursuant to Section
3 or 4, or refuses to cooperate with the testing process.
3. A Player attempts to substitute, dilute, mask or adulterate
a specimen sample or in any other manner alter a test.
4. The determination of whether a test is ``positive'' under
Section 3.D.2
and 3.D.3 shall be made by MLHPAC.
E. Notification
MLHPAC shall immediately notify the Player and the Club's
representative and EAP of a positive result from a test conducted
pursuant to Section 3 or 4.
4. Reasonable Cause Testing
In the event that any MLHPAC member has information that gives him/
her reasonable cause to believe that a Player has, in the previous
year, engaged in the use, possession or distribution of a Prohibited
Substance, such member shall immediately request a meeting (or
conference call) to present such information to the other MLHPAC
members. Upon hearing the information presented, MLHPAC may either
immediately determine if there is reasonable cause to believe that the
Player has engaged in the use, possession, or distribution of a
Prohibited Substance or MLHPAC may conduct a prompt investigation to
ascertain additional facts (``Investigation''). If MLHPAC determines
that such reasonable cause exists, the Player will be subject to
immediate testing in accordance with the procedures and protocols set
forth in Addendum A hereto.
If the Player tests positive for a Prohibited Substance, he will be
placed on the Administrative Track and will be subject to discipline
under Section 9.
5. Clinical and Administrative Tracks
A. General
Any Player referred to MLHPAC shall be placed on either the
Clinical Track or the Administrative Track.
B. Clinical Track
1. A Player will be placed on the Clinical Track only through
his voluntarily coming forward to either MLHPAC or his Club
(``Voluntary Self-Referral'') and stating that he would like
assistance in attempting to stop using any Prohibited
Substance. Voluntary Self-Referral shall also include any
situation where the Club suggests to the Player that he seek
assistance from either MLHPAC or the Club's EAP, and the Player
voluntarily agrees to such assistance.
2. While a Player remains on the Clinical Track, any and all
information relating to the Player's involvement in the
Program, including but not limited to Prohibited Substance
testing and Treatment Program progress, shall be disclosed only
to MLHPAC and the Club's EAP who shall keep such information
confidential. MLHPAC and/or EAPs will be under no obligation
from either the Office of the Commissioner or any Club to
disclose any information regarding a Player on the Clinical
Track.
3. A Player shall not be subject to discipline while he is on
the Clinical Track, except as set forth in Section 5.B.4.
4. A Player will be removed from the Clinical Track and placed
on the Administrative Track under the following circumstances:
(i) Player does not comply with his Treatment Program; or (ii)
any of the conditions of Administrative Track placement occurs.
A Player will not be subject to discipline, other than being
moved to the Administrative Track, for failing to comply with
his Treatment Program while on the Clinical Track (including
testing positive for a Prohibited Substance). A Player will be
subject to immediate discipline if, while on the Clinical
Track, the Player is convicted or pleads guilty (including a
plea of nolo contendere or a similar plea) to the sale or use
(including a criminal charge of conspiracy or attempt to
possess, use or distribute) of any Prohibited Substance.
C. Administrative Track
1. A Player will be placed on the Administrative Track if any
one of the following occur: (i) MLHPAC determines that Player
should enter Clinical Track but Player refuses Voluntary Self-
Referral; (ii) Club and/or MLHPAC believe that Player poses a
threat to the safety of himself or others and Player refuses
Voluntary Self-Referral; (iii) Player is convicted or pleads
guilty (including a plea of nolo contendere or a similar plea)
to the use (including a criminal charge of conspiracy or
attempt to possess, use or distribute) of any Prohibited
Substance; (iv) Player is involved in the sale or distribution
of a Prohibited Substance; (v) Player tests positive under the
Program for any Prohibited Substance; or (vi) Player does not
comply with his Clinical Track Treatment Program.
2. While a Player remains on the Administrative Track,
information relating to the Player's involvement in the
Program, including but not limited to Prohibited Substance
testing and Treatment Program progress, shall be disclosed to
MLHPAC, the Player's EAP and a designated representative from
the Player's Club. Any information disclosed shall remain
completely confidential. Notwithstanding the foregoing, if a
Player is suspended pursuant to Section 9 below, the
transaction shall be entered in the Baseball Information System
as a suspension for a specified number of days for a violation
of this Program. Moreover, the only public comment from the
Club or the Office of the Commissioner shall be the fact that
the Player was suspended for a specified number of days for a
violation of the Program. MLHPAC is permitted, without the
Player's consent, to disclose the Player's Treatment Program
progress to the General Manager of the Player's Club, who shall
keep such information confidential, except as set forth in
section 8 below.
3. A Player on the Administrative Track is subject to
discipline under Section 9.
6. Player Evaluation
A. Initial Evaluation
1. A Player who is referred to MLHPAC (either through a
positive test result or through Voluntary Self-Referral) will
receive an evaluation from MLHPAC's Medical Representative or
the Club's EAP (the ``Initial Evaluation''). The purpose of the
Initial Evaluation is to ascertain the type of Treatment
Program that, in the opinion of the Medical Representative and
the EAP, would be most effective for the Player involved. The
Initial Evaluation shall include at least one meeting with the
Player and either the Medical Representative or the EAP. After
the first meeting, the Medical Representative and/or the EAP
may determine that additional meetings and/or a medical
examination, including a toxicology examination, is necessary
to complete the Initial Evaluation.
2. A Player shall be required to sign a consent form to receive
medical treatment and for the release of his medical records. A
Player who is on the Administrative Track shall also be
required to sign a release so that his club may provide any
Club who is interested in acquiring such Player's contract with
information regarding the Player's Treatment Program progress.
B. Treatment Program
After concluding the Initial Evaluation and consulting with MLHPAC,
the Medical Representative and the EAP shall prescribe a Treatment
Program for the Player. In devising the Treatment Program, the Medical
Representative and the EAP may consult with independent experts but, in
doing so, may not divulge the Player's name. The Treatment Program may
include any or all of the following: counseling, in-patient treatment,
outpatient treatment and follow-up testing. The Medical Representative
or the EAP must inform the Player of the initial duration of the
Treatment Program. During the course of the Player's Treatment Program,
the Medical Representative and the EAP may change the duration (either
longer or shorter) and the scope of the Treatment Program, depending on
the Player's progress. The EAP shall forward monthly Treatment Program
Progress Reports (attached hereto as Addendum B) to MLHPAC for any
Player on either the Clinical or Administrative Track.
7. Confidentiality of Evaluations and Treatment Programs
The confidentiality of the Player's participation in the Program is
essential to the Program's success. The Office of the Commissioner,
MLHPAC, Club personnel, and all of their members, affiliates, agents
consultants and employees, are prohibited from publicly disclosing
information about the Player's Initial Evaluation, diagnosis, Treatment
Program (including whether a Player is on either the Clinical or
Administrative Track), prognosis, test results or compliance.
8. Disclosure of Player Information
A. Disclosure of Information
1. A Club whose Player is on the Clinical Track is prohibited
from disclosing any information regarding a Player's
participation in the Program to either the public, the media or
other Clubs. Notwithstanding this prohibition, a Club is
permitted to discuss a Player's Treatment Program progress with
another Club that is interested in acquiring such Player's
contract if the Club receives the Player's prior written
consent.
2. A Club whose Player is on the Administrative Track must
disclose information regarding a Player's participation in the
Program to a Club that is interested in acquiring such Player's
contract in an assignment.
B. Method of Providing Information
Any information provided pursuant to this Section 8 must be relayed
to the management of the acquiring Club via a conference call with at
least one MLHPAC Representative or the EAP overseeing the Player's
Treatment Program on the conference call. The acquiring Club's
management shall keep any information that it obtains confidential.
9. Discipline
Other than as provided in Section 9.D below, only players on the
Administrative Track shall be subject to discipline.
A. Player Fails to Comply with Treatment Program
1. If MLHPAC determines that a Player failed to comply with his
Treatment Program while Player is on the Administrative Track,
Player shall be subject to the following discipline:
(a) First offense: at least a 3-game, but no more than a 15-
game, suspension and up to a $1,000 fine;
(b) Second offense while on same Treatment Program: at least
a 15-game, but no more than a 30-game, suspension and up to
$5,000 fine;
(c) Third offense while on same Treatment Program: at least a
one-year suspension and up to $10,000 fine;
(d) Fourth offense while on same Treatment Program: permanent
suspension from Baseball.
2. All suspensions shall be without pay.
B. Player Tests Positive for Prohibited Substance
1. A Player who tests positive for a Prohibited Substance shall
immediately enter the Administrative Track;
2. A Player who tests positive for a Prohibited Substance for a
second time in his Minor League career shall receive at least a
3-game, but no more than a 15-game, suspension and up to a
$1,000 fine;
3. A Player who tests positive for a Prohibited Substance for a
third time in his Minor League career shall receive at least a
15-game, but no more than a 30-game, suspension and up to a
$5,000 fine;
4. A player who tests positive for a Prohibited Substance for a
fourth time in his Minor League career shall receive a one-year
suspension from Minor League Baseball and up to a $10,000 fine.
Player must establish that he has successfully completed a
Treatment Program before he is permitted reinstatement.
5. A player who tests positive for a Prohibited Substance for a
fifth time in his Minor League Career shall be permanently
suspended from Minor League Baseball.
6. All suspensions shall be without pay.
C. Removal from Clinical or Administrative Track
MLPHAC shall have the discretion to remove Player from either the
Administrative or Clinical Track if a Player does not test positive for
a Prohibited Substance in a one-year period and/or if Player
successfully completes his Treatment Program.
D. Conviction for the Use or Sale of Prohibited Substance
1. Conviction for Use of Prohibited Substance
A Player who is convicted or pleads guilty (including a plea
of nolo contendere or a similar plea) to the use of a
Prohibited Substance (including a criminal change of attempt to
possess or use) shall receive at least a 15- 30 game suspension
and up to $1,000 fine. A Player's second conviction for use of
a Prohibited Substance shall result in a 30-60 game suspension
and up to a $5,000 fine. A Player's third conviction for use of
a Prohibited Substance shall result in a one-year suspension
from Baseball and up to a $10,000 fine. A Player's fourth
conviction for use of a Prohibited Substance shall result in a
permanent suspension from Baseball.
2. Conviction for the Sale or Distribution of a Prohibited
Substance
A Player who is involved in the sale or distribution of a
Prohibited Substance shall receive at least a 60-90 game
suspension and up to a $10,000 fine. A Player who is involved
in the sale or distribution of a Prohibited Substance for a
second time during his Minor League career shall be permanently
suspended from Baseball.
10. Costs of the Program
Any costs for the treatment and testing of Players on either the
Clinical Track or the Administrative Track shall be covered by the Club
holding title to the Player's contract. Any costs relating to MLHPAC
shall be covered by the Office of the Commissioner.
Addendum A
Collection Procedures
All Collectors must adhere to the following collection procedures:
1. Collector must ask donor for photo identification. If the
donor does not have ID, Collector will indicate this on the
Group Collection Log and have a club management representative
(e.g., trainer, coach) positively identify player.
2. Have donor sign in on the Group Collection Log.
3. Enter donor's social security number in the Donor
Information box on the Chain of Custody.
4. Ask donor to select a wrapped/sealed collection kit.
The Collection Shall Be Directly Observed By A Male
Collector
5. Have donor provide a urine specimen. After the donor voids,
the donor, not Collector, must carry the sample to the
processing table. Collector must not handle the specimen at all
until Collector pours it into the ``A'' and ``B'' bottles (see
Paragraph 9 below).
6. Determine if there is sufficient urine for testing. A
minimum of 60ml of urine must be collected.
7. If the donor is unable to void, Collector must call CDT
after 2 hours for further instructions. Under no circumstances
should the donor leave the facility without giving a specimen
unless instructed to do so by CDT.
8. Temperature should be read within 4 minutes of collection.
Determine if urine temperature is within normal range. (90 to
100 F)
A. If temperature is normal, check ``Yes'' Box.
B. If temperature is NOT within normal range, check ``No''
box. Record temperature in adjacent space and process the
sample as you would a normal specimen. NOTE: Problem Collection
Log must be completed.
1. Inform the donor that he must give a second specimen.
2. Prepare a second Chain-of-Custody form for the second
Sample.
3. Inform the donor that both specimens will be submitted
to the laboratory for testing.
9. Collector pours sample from disposable specimen cup into
specimen bottles: Collector must tell the donor the following:
``Reserve a Small Amount in the Cup''
Collector shall split this specimen as follows: 45ml in ``A''
bottle and 15ml in ``B'' bottle. Note: If less than 60ml is
collected discard the entire specimen in the donor's presence.
Begin again with another sealed kit in order to collect the
60ml. Note: Problem Collection Log must be completed.
Collector must tell the donor the following:
``You must watch me as I pour the sample into the bottles
and seal them.''
10. Place bottle caps on specimen bottles. Ensure that caps are
on tight to prevent leakage.
11. Complete the bottle custody seals for the ``A'' and ``B''
samples as follows:
Ask the donor to verify that the specimen ID numbers on the
top right side of the chain-of-custody form match those on the
security seals.
12. Peel the back off the bottle custody seals and place over
the bottle caps and down the sides of the bottles.
Have donor initial and date the security seal.
13. Check the specific gravity of the urine remaining in the
cup, and record the findings on the chain of custody.
Specific Gravity must be 1.010 or higher.
If the specimen does not meet these standards, it will be
processed anyway and the donor shall be required to provide
additional specimens until these requirements are met. Only the
sample meeting these requirements will be sent for testing
along with the first sample. Collector shall make a notation on
Problem Collection Log.
14. Read the Donor Certification statement aloud to the donor,
in the DONOR AFFIDAVIT section of the Chain-of-Custody form:
``I certify that the specimen(s) sealed with the above
specimen ID number was provided by me on this date and the
specimen(s) has not been altered.''
After Collector has read this statement to the donor, player
must sign and date form.
15. Collector shall read and sign the COLLECTOR AFFIDAVIT
(bottom of page). Collector shall print his name, date of
collection and time of collection.
16. Collector shall ask the donor if he has taken any
medications within the last 30 days and, if so, will enter such
information in the ``MEDICATIONS'' section. The donor will be
informed that know that this information is not required.
17. Place specimen bottles in the front pocket and copy 2 of
the Chain-of-Custody form inside the rear pocket of the
specimen bag.
18. Initial and date the bag custody seal.
19. Place the seal over the sealed ``flap'' of the bag.
20. Give copy to the donor.
21. Store specimen in locked or secure storage until pickup. In
the event of a weekend collection and the sample cannot be sent
until Monday, the specimen should be stored in a refrigerated,
locked area.
Testing Protocols
Drugs of Abuse
Initial Test Level (ng/
Drugs mL) Confirmation Test Level
Ethanol (Alcohol) 0.02% 0.02%
Amphetamines 1000 500
Cocaine Metabolites 300 150
Opiates/Metabolites 2000 2000
Phencyclidine (PCP) 25 25
Cannabinoids 50 15
Nandrolone 2 2
Steroids
A test will be considered positive if any Steroid as defined in
Section 2.B of the Program is present.
Senator Dorgan. Mr. Manfred, thank you very much.
Next we will hear from Jerry Colangelo, who is the chairman
of AZBP Limited Partnership, the ownership group for the
Arizona Diamondbacks. Mr. Colangelo, welcome, and thank you for
being here.
STATEMENT OF JERRY COLANGELO, MANAGING GENERAL PARTNER, ARIZONA
DIAMONDBACKS
Mr. Colangelo. Thank you, Senator.
Mr. Chairman and Members of the Committee, thank you for
this opportunity to appear before you today to discuss an issue
of great concern to me, as an owner of a major league club and
as a fan of baseball: the increasing prevalence of steroids in
Major League Baseball.
I am fortunate enough to have been involved in baseball
since 1998, when the Arizona Diamondbacks were admitted to the
National League as an expansion team. Last season, I
experienced the ultimate thrill in all of professional sports,
watching my team win perhaps the most exciting World Series in
baseball history. That win was a tremendous boost for the State
of Arizona and generated terrific publicity for our sport.
Unfortunately, in recent weeks, baseball has been forced to
endure a spate of negative publicity as a result of revelations
of steroid use by two former players. These comments suggest
that steroid use is prevalent in baseball and on the increase.
I believe this trend must be stopped and reversed for two
principal reasons--one, to protect the players safety and
health, and, two, to protect the integrity of the game.
First, it is my understanding that players who use steroids
risk serious health consequences, such as increased likelihood
of injury, high blood pressure, high cholesterol, hypertension,
depression, and even infertility. Major League Baseball should
do everything within its power to discourage players from
taking these risks.
Major league players make it to this elite playing field
because of their unwavering commitment and desire to win. As an
all-state high school and an All-Big-Ten basketball player for
the University of Illinois, I understand and appreciate this
desire to compete and succeed. Indeed, it is this desire to
succeed that produces greatness.
Unfortunately, some players' desire is so strong that they
are willing to take steroids in an effort to get an edge over
other players. They do this in spite of the negative
consequences that may result from using steroids. This conduct,
at the major league level, has the inevitable domino effect of
forcing other baseball players, in both the major and minor
leagues, to engage in the same conduct. In fact, many players
believe that without this same edge, they may be placed at a
competitive disadvantage as compared to other players.
My purpose here is not to blame the players for this
conduct. Instead, my purpose is to shed light on a problem that
can be remedied and to encourage all those involved to work
together to do so.
As Rob Manfred discussed, Major League Baseball has done
everything possible, everything that is possible to do without
the Players Association's consent, to prevent and end steroid
use. We believe, however, that more needs to be done.
Based on my experience as an owner of the Phoenix Suns, a
team in the National Basketball Association, the implementation
of a comprehensive, mandatory steroid testing program would go
far towards addressing this serious problem. Unlike Major
League Baseball, the NBA has a mandatory steroid testing
program in place for its first year and veteran players, which
was agreed to by the National Basketball Players Association.
This testing program is set forth in the parties' 1999
collective bargaining agreement.
Pursuant to the NBA's testing program, each first-year
player is subject to up to 4 unannounced steroid tests per
year, and each veteran player is subject to 1 unannounced
steroid test per year. It is my opinion that the NBA's testing
program has been instrumental in discouraging players from
using these dangerous and illegal substances.
We are hopeful that baseball will have a mandatory steroid
testing program in the near future. Such a program would be a
necessary and fundamental step in the direction of ridding
steroid use in Major League Baseball.
And, in summary, when I see the cartoons, the editorials,
the columns that attack the credibility of our players, we have
a serious problem. I've very concerned about the health, as I
said earlier, both short term and long term. And this is
everyone's issue. It's not an owners' issue, it's not a Players
Association issue. It's an issue that we must deal with
collectively. When you look at the economic impact, in terms of
the loss of millions of dollars, that's serious.
And enough can't be said about the role-model influence
that players have. Our fans are being affected. They're
questioning the athletes themselves.
And so I would urge that the Players Association recognize
that this is not an ``if'' or a ``maybe.'' This is a must--
something that must be done, for all the appropriate reasons.
Thank you.
[The prepared statement of Mr. Colangelo follows:]
Prepared Statement of Jerry Colangelo, Managing General Partner,
Arizona Diamondbacks
Mr. Chairman and Members of the Committee, thank you for this
opportunity to appear before you today to discuss an issue of grave
concern to me as an owner of a Major League Club and as a fan of
Baseball--the increasing prevalence of steroids in Major League
Baseball.
I am fortunate enough to have been involved in Baseball since 1998
when the Arizona Diamondbacks were admitted to the National League as
an expansion team. Last season, I experienced the ultimate thrill in
all of professional sports--watching my team win perhaps the most
exciting World Series in Baseball history. That win was a tremendous
boost for the State of Arizona and generated terrific publicity for our
sport.
Unfortunately, in recent weeks, Baseball has been forced to endure
a spate of negative publicity as a result of revelations of steroid use
by two former players. These comments suggest that steroid use is
prevalent in Baseball and on the increase. I believe this trend must be
stopped and reversed for two principal reasons: one, to protect the
players' safety and health; and two, to protect the integrity of the
game.
First, it is my understanding that players who use steroids risk
serious health consequences, such as increased likelihood of injury,
high blood pressure, high cholesterol, hypertension, depression and
even infertility. Major League Baseball should do everything within its
power to discourage players from taking these risks.
Major League players make it to this elite playing field because of
their unwavering commitment and desire to win. As an All-State high
school and an All-Big Ten basketball player for the University of
Illinois, I understand and appreciate this desire to compete and
succeed. Indeed, it is this desire to succeed that produces greatness.
Unfortunately, some players' desire is so strong that they are
willing to take steroids in an effort to get an ``edge'' over other
players. They do this in spite of the negative consequences that may
result from using steroids. This conduct at the Major League level has
the inevitable domino effect of forcing other baseball players in both
the Major and Minor Leagues to engage in the same conduct. In fact,
many players believe that, without this same ``edge,'' they may be
placed at a competitive disadvantage as compared to other players.
My purpose here is not to blame the players for this conduct.
Instead, my purpose is to shed light on a problem that can be remedied
and to encourage all those involved to work together to do so. As Rob
Manfred discussed, Major League Baseball has done everything possible--
everything that is possible to do without the Players Association's
consent--to prevent and end steroid use. We believe, however, that more
needs to be done.
Based on my experience as an owner of the Phoenix Suns, a team in
the National Basketball Association, the implementation of a
comprehensive, mandatory steroid testing program would go far towards
addressing this serious problem. Unlike Major League Baseball, the NBA
has a mandatory steroid testing program in place for its first year and
veteran players, which was agreed to by the National Basketball Players
Association. This testing program is set forth in the parties' 1999
collective bargaining agreement.
Pursuant to the NBA's testing program, each first year player is
subject to up to four unannounced steroid tests per year and each
veteran player is subject to one unannounced steroid test per year. It
is my opinion that the NBA's testing program has been instrumental in
discouraging players from using these dangerous and illegal substances.
We are hopeful that Baseball will have a mandatory steroid testing
program in the near future. Such a program would be a necessary and
fundamental step in the direction of ridding steroid use in Major
League Baseball.
Senator Dorgan. Mr. Colangelo, thank you very much.
Next we will hear from Donald Fehr, executive director and
general counsel for the Major League Baseball Players
Association. Mr. Fehr, welcome. You may proceed.
STATEMENT OF DONALD M. FEHR, EXECUTIVE DIRECTOR, MAJOR LEAGUE
BASEBALL PLAYERS ASSOCIATION
Mr. Fehr. Thank you, Mr. Chairman.
My name is Donald M. Fehr, and I'm privileged to serve as
the executive director of the Major League Baseball Players
Association, a position I've held for more than 15 years now.
The MLBPA is the exclusive collective bargaining representative
of all major league players, and I appear here today in
response to the committee's invitation to testify.
As the Chairman indicated, there were a number of current
major league players that were also invited to testify. Due to
the pressures of the schedule--we don't have off days in
baseball that amount to anything--it was impossible for them to
appear, and I trust that the Committee will understand.
First, we appreciate the Committee's interest in and
concern about the recent reports of the use of illegal steroids
in Major League Baseball which has led to this hearing and
which has prompted the comments made by the three Senators that
we heard from as the hearing began.
Let me be clear, on behalf of myself and my entire
membership. The Major League Baseball Players Association
neither condones nor supports the use by players or by anyone
else of any unlawful substance, be it steroids or otherwise,
nor do we support or condone the unlawful use of any legal
substance. I cannot put it more plainly. Both the use of any
illegal substance and the illegal use of any lawful substance
are wrong.
As the Members of the Committee know, and as was reflected
in the opening statements this morning, and as Mr. Manfred and
Mr. Colangelo have mentioned, we are currently engaged in the
process of negotiating new collective bargaining agreements
with the major league clubs covering terms and conditions of
employment for major league players. It's no secret that
collective bargaining in baseball is sometimes a difficult
process. That certainly has been the history. But it is also
clear, as has been mentioned, that the appropriate venue in
which these issues will be addressed is within that process.
And it is certainly my hope and that of my membership that,
before too much longer, we will be able to reach a just, fair,
and effective agreement with the owners on all of the issues
which divide us, certainly including the ones that brought us
to this hearing today.
As it happens, I was scheduled to begin to make a trip to
see all of my members for the purpose of discussing collective
bargaining. While all the meetings aren't scheduled yet, the
first one, as it happens, takes place tomorrow morning in
Montreal. And I can assure the Members of the Committee that
these issues will receive serious and thoughtful discussion in
those meetings. And I think it goes without saying that the
recent publicity and the interest of this Committee will help
to spur that process.
Additionally, however, as I think is also clear, we are not
engaged in the process of collective bargaining here, and I
will not be doing that.
I also appreciate very much the Chairman's comments that we
will not be discussing individuals here. That's difficult to
do, and I certainly believe that's the appropriate course.
Let me further correct what may be a misimpression. If one
were simply to pay attention to cursory sound bites or
sensational magazine covers or some of the other press coverage
that we've seen, one might believe that Major League Baseball
and the Players Association have no substance use or abuse
program, have not cooperated together, have not thought about
these issues, have not considered what to do, or, if we have
such a program, if we have thought about these things, if we
have considered what to do, that it bears no reference to
steroids. As Mr. Manfred has indicated, that clearly is not the
case.
For a long time, the Players Association and the clubs have
worked together with medical professionals that we jointly
appoint to develop programs which are directed and administered
by those physicians. Those programs have a testing component,
based upon reasonable cause to believe that a player has
engaged in misconduct or other activity affecting his ability
to play.
With respect to steroids, the views of our physicians,
which are entirely endorsed by the Players Association, as well
as the clubs, are, in fact, reflected in the brochure or the
booklet that is referenced in my testimony and that Mr. Manfred
has referenced, entitled ``Steroids and Nutritional
Supplements,'' which, as Rob has indicated, is the principal
educational document that we utilize and has been distributed
to all players. The Committee has copies.
And as that document makes clear, all AAS's, as the
document refers to it--anabolic androgenic steroids--are
classified under Federal law as Schedule III drugs requiring a
doctor's prescription to be lawfully used. There are serious
health risks. There are serious penalties for unlawful use or
distribution, et cetera.
But, as the Chairman and the Members of the Committee
certainly understand, this is an issue not so easily disposed
of as perhaps the sound bites and the rhetoric might otherwise
suggest. There are some significant and complex public policy
issues involved. Consider just one example. Substances that you
might say have ``steroidal properties,'' like DHEA, or that we
believe to be, in fact, steroids, androstenedione, are fully
legal under Federal law, are sold over the counter in health
food and other stores all across the country and, so far as I
know, are without even the simple protections of a warning
label or an age restriction on purchase, even though the
medical evidence is pretty compelling of the dangers of some of
those substances, especially to women and to youth.
As was suggested in that booklet, which I remind everyone
was jointly authored, it may well be time for the Federal
Government to revisit whether such products should be covered
by Schedule III or otherwise the subject of appropriate
legislation or regulation, and we would welcome such
examination by the Congress, by the Food and Drug
Administration, or by any other appropriate body.
Another important issue which is implicated in this
discussion we summarize in a single word, and that's
``privacy.'' We believe that any program can be successful, on
steroids or anything else, only if stringent safeguards are in
place to protect the privacy of the employees, particularly so
in an industry like baseball in which the lives of the
players--and the rest of us, for that matter--are so much in
the public eye.
We also recognize the ongoing public debate, which has been
referred to in the opening statements this morning, about the
merits of cause-based versus random testing. The Players
Association has always believed that one should not, absent
compelling safety considerations, invade the privacy of an
individual without a substantial reason--that is to say without
cause--related to conduct by that individual and not merely to
his status as an employed baseball player.
We understand, of course, that the principles underlying
the Fourth Amendment restrictions on unreasonable searches and
seizures are not directly applicable to the private employment
setting. Nevertheless, such principles should not, we submit,
be lightly put aside.
Let me address a question that is no doubt on the minds of
the Chairman, Senator McCain, and the other Members of the
Committee, who for so long have been supporters of amateur and
professional sports in this country. It has been referred to in
the opening statements this morning. What message do we send
the children, the kids who are playing ball, maybe dreaming of
a career in the big leagues? I think it's the same message that
we send the players. Play this great game--and we all think
it's the greatest one there is--to the best of your ability,
and do so under the rules. Do not jeopardize your health. Do
not use illegal drugs. And don't use any drug or any substance,
even if entirely lawful, except on the advice and the
recommendation of a competent and knowledgeable physician for a
good and substantial reason.
Finally, no one cares more about the game, cares more about
the health of the players, than the players themselves. In a
very real sense, they are the game. They understand the issues
that are involved, and we will find a way, consistent with the
principles we believe in, I am confident, over the course of
this collective bargaining negotiation, to reach a satisfactory
conclusion. I can't tell you today what that will be. I can
tell you we're committed to the process.
Thank you very much.
[The prepared statement of Mr. Fehr follows:]
Prepared Statement of Donald M. Fehr, Executive Director, Major League
Baseball Players Association
Mr. Chairman and Members of the Committee:
My name is Donald M. Fehr, and I am privileged to serve as the
Executive Director of the Major League Baseball Players Association.
The MLBPA is the exclusive collective bargaining representative of all
major league baseball players. I am pleased to appear today in response
to the Committee's invitation to testify.
I appreciate the Committee's interest in and concern about recent
reports of the use of illegal steroids in major league baseball which
has led to this hearing. Let me be clear. The Major League Baseball
Players Association neither condones nor supports the use by players,
or by anyone else, of any unlawful substance--steroids or otherwise.
Nor do we support or condone the unlawful use of any legal substance. I
cannot put it more plainly: both the use of any illegal substance and
the illegal use of any lawful substance are wrong.
As the Members of the Committee may know, the MLBPA and the Major
League Clubs are currently engaged in the process of negotiating new
collective bargaining agreements with respect to terms and conditions
of employment of Major League players. The appropriate forum in which
to consider these issues is the collective bargaining process, and I am
hopeful that before too much longer we will be able to reach a just,
fair and effective agreement with the owners on all the issues which
divide us, certainly including the ones that we are discussing today.
Over the next few weeks we will be meeting with the players on every
team, and I can assure the Members of the Committee that these issues
will receive serious and thoughtful discussion in those meetings.
I should also add that in my 25 years in this industry I have come
to appreciate that successful collective bargaining is not likely to
take place in public, even before a Senate committee. Accordingly,
while I am happy to engage in a discussion of these issues, it should
be clear that we are not bargaining here.
Let me also offer another note of caution. While we all agree that
this issue is a very serious one, we should take care not to treat
unsubstantiated media reports and rumors as if they were proven fact. I
trust that each of you will agree that we must avoid even the
possibility of smearing anyone. All who live in the public eye fully
understand the damage that unfair accusations can inflict on an
individual or group. For this reason, I will not discuss these issues
with respect to any particular individual, and I urge the Members of
the Committee to adopt a similar approach.
I would also like to correct what may be a misimpression. If one
simply were to pay attention to cursory sound bites or sensational
magazine covers, one might believe that MLB and the MLBPA have no
substance use/abuse program, or that, if one does exist, it makes no
reference to steroids. Neither is true. The MLBPA and MLB have long
worked with medical professionals to develop the current program, which
is directed and administered by physicians appointed by our two
organizations. It has a testing component, based upon reasonable cause
to believe that a player has engaged in misconduct, or other activity
affecting his ability to play. With respect to steroids, our policy is
reflected in a brochure entitled ``Steroids and Nutritional
Supplements'', distributed to all players as part of our educational
program, copies of which are being provided to the Committee. Among
other things, this brochure makes it clear:
that all ``AAS's'' (anabolic androgenic steroids) are
classified under Federal law as Schedule III drugs, requiring a
doctor's prescription;
there are serious health risks to the use of AAS's;
that there are serious penalties for unlawful use or
distribution of AAS's; and that
AAS's ``are prohibited in baseball''.
But, as the Chairman and the Members of the Committee surely
understand, this is an issue not so easily disposed of as the sound
bites and rhetoric might suggest. There are complex public policy
issues involved. Consider just one example: substances having steroidal
properties (e.g., DHEA), or that we believe to be steroids (e.g.
androstenedione) are fully legal under federal law and are sold over
the counter in health food and other stores all across the nation,
without even the simple protections of a warning label or an age
restriction. As we have suggested in ``Steroids and Nutritional
Supplements'', it may well be time for the federal government to
revisit whether such products should also be covered by Schedule III.
We would welcome such a reexamination by the Congress and/or the FDA.
Another important issue which is implicated in this discussion can
be summarized in a single word: privacy. We believe that any program
can be successful only if stringent safeguards are in place to protect
the privacy of the employees, particularly so in baseball where the
lives of the players are so much in public view. We also recognize the
public debate about the merits of cause based versus random testing.
The MLBPA has always believed that one should not, absent compelling
safety considerations, invade the privacy of someone without a
substantial reason--i.e., without cause--related to that individual,
and not merely to his status as an employed baseball player. We
understand that the principles underlying the 4th Amendment's
protection against unreasonable searches are not directly applicable to
the private employment setting; nevertheless, such principles should
not, we submit, be put aside lightly.
Finally, let me address a question that is no doubt on the mind of
the Chairman, Senator McCain, and the other Members of the Committee,
who have for so long been supporters of amateur and professional sports
in this country: what message do we send to the kids who are playing
ball and may be dreaming of a career in the big leagues? Frankly, it is
the same message we send to today's players: Play this great game to
the best of your ability, and do so under the rules. Do not jeopardize
your health. Do not use illegal drugs. And don't take any substance--
even if lawful--except on the advice and recommendation of a
knowledgeable physician.
Senator Dorgan. Mr. Fehr, thank you very much.
Next we will hear from Greg Schwab. Mr. Schwab, when I
mentioned you as a witness, I regrettably, did not give the
second portion of the introduction. I said you were a former
all-conference offensive lineman from the University of Oregon
who took steroids in your attempt to make the San Diego
Chargers football team. I should have proceeded to say, as
well, that you've since become a passionate advocate against
steroid use, as a high school coach and a high school associate
principal. You've had one-on-one experience with high school
students who have attempted to use steroids, and we appreciate
your work. I should have mentioned that as the second portion
of you introduction. I do so now.
We welcome you here, and we'll be happy to receive your
testimony.
STATEMENT OF GREG SCHWAB, ASSOCIATE PRINCIPAL, TIGARD HIGH
SCHOOL
Mr. Schwab. Thank you. It's truly a great honor for me to
be here today.
Dietary supplements and performance-enhancing drug use
among high school athletes is increasing at an alarming rate.
Recent studies have shown as much as a 60 percent increase in
steroid use among high school athletes.
To better understand what has caused this increase, I would
like to share with you some of the things I have observed in my
14 years as a teacher, as a coach, and currently as a school
administrator. I would also like to draw on some of my insights
as someone who has experienced steroid use firsthand for two
and a half years as a college football player and an aspiring
player in the National Football League.
For whatever reason, the focus of high school athletics has
shifted today. No longer do we preach the values taught by
participation in a team or individual sport--the values of
competition, teamwork, dedication, and cooperation. These
values have been replaced by a new focus or value, simply to
excel at the highest possible level.
Now, while you may be asking yourself, ``What is so bad
about wanting to excel at the highest level,'' consider what
many of these high school athletes are willing to do in order
to excel. High school athletes today use all sorts of sports
supplements. Protein powders, sports drinks, ephedrine,
creatine, and androstenedione are used routinely today as part
of their training regimens. Any high school athlete can walk
into a store or health club and purchase these dietary
supplements, no questions asked.
On several occasions, I have had conversations with the
athletes I coached about these issues. Many of them have come
to me to ask my advice about taking supplements to help them
perform at their highest levels. I have always stressed: take
healthier alternatives to these supplements. But for many,
supplements are simply too easy to get. Now, while I am no
expert on this, I have always believed that dietary supplement
use can lead athletes to using performance-enhancing drugs,
like anabolic steroids.
The three-sport athlete no longer exists in most high
schools today. They have been replaced by athletes who train
year round, honing their skills in one sport. Basketball teams
play 60 games in the summer, plus a 25-game regular season
schedule. Baseball players play 50 games in fall leagues in
addition to 25-regular season schedules and 50-game summer
schedules.
As a football coach, I expect my players to commit
countless hours in the weight room, running, lifting, and
working on fundamental skills. Add to this the proliferation of
summer sport camps athletes and coaches can choose from, and it
is no wonder that many high school athletes have no time for
other activities they might be interested in, and it is no
wonder that many athletes feel they have to turn to supplements
in order to have the strength to complete these long seasons.
For many male high school athletes, pro athletes are major
influences. They are the role models. They choose the jersey
numbers of their favorite professional players. They emulate
their training regimens. They emulate their style of play. And
they are influenced by the supplement and drug use. When a
professional athlete admits to using steroids, the message
young athletes hear is not always the one that is intended.
Young athletes often believe that steroid use by their role
models gives them permission to use, that is simply part of
what one must do in order to become an elite athlete.
Coaches, whether they intend to or not, put a great deal of
pressure on their athletes. The demands and expectations of
most high school programs rival many college programs. In a
sport like football, where the emphasis is on getting bigger
and stronger, coaches are constantly pressuring their athletes
to gain more weight, to be able to lift more weight than they
could a month ago. As a coach, I caught myself saying to my
athletes the very things that made me feel the pressure to grow
in size and strength beyond what my body was capable of
naturally. Athletes grow to feel like no matter what they do,
it is not going to be enough for their coaches. Couple this
with the fact that athletes are, by their nature, highly
competitive, and it is easy to understand why they might turn
to supplements and performance-enhancing drugs, like anabolic
steroids.
One of the biggest challenges I faced as a coach was trying
to effectively dissuade my athletes from using supplements and
performance-enhancing drugs. I have always been very open and
honest with anyone who asks me about my using steroids. I've
regularly shared with my athletes the effects that steroids had
on me while I used them for two and a half years during my
career as a football player. My hope is that if I can relate to
them on a personal level, they will be more likely to listen to
me. Too often, though, what they see is someone who used
steroids and turned out fine. Instead of listening to me
because I am being honest, they think that, if nothing bad
happened to me, then they will have the same experience.
The problem is that there is too little information out
there on the dangers of steroids. All adolescents hear is how
much steroids will help them perform. We need to get the word
out at every level and in every way that steroids and
supplements are dangerous.
I cannot stress enough how easy it is to get supplements. I
cannot stress enough how widespread the use of the supplements
is among high school athletes. Drug stores, supermarkets, and
health food stores all carry these supplements, and they can be
purchased by anyone. While I can only speak for the athletes I
coached, I would say that at least 70 percent of them have used
some kind of dietary supplement.
Percentages of steroid use are much harder to predict,
partly because steroid users simply do not talk about their
use. It is not something that anyone would openly admit to.
Based on my personal experience, the number of the athletes
that I have worked with over the years, a conservative estimate
would be between five and ten percent of the athletes that I
have coached have used steroids.
I hope you understand that supplement and steroid use among
high school athletes is a growing problem that needs to be
addressed. I strongly encourage you to take the lead and help
curb this problem. Steroid precursors, sold as dietary
supplements, need to be regulated. They need to become harder
to get. I cannot stress enough what kind of impact supplement
use has on young athletes. This, to me, seems to be the first
step in helping to solve the larger issue of steroid use.
Thank you.
[The prepared statement of Mr. Schwab follows:]
Prepared Statement of Greg Schwab, Associate Principal,
Tigard High School
Good Morning, my name is Greg Schwab.
Dietary supplements and performance-enhancing drug use among high
school athletes is increasing at an alarming rate. Recent studies have
shown as much a 60 percent increase in steroid use among high school
athletes. To better understand what has caused this increase; I would
like to share with you some of the things I have observed in my 14
years as a teacher, coach, and school administrator. I will also draw
on my insights as someone who has experienced steroid use firsthand for
two and a half years as a college football player and an aspiring
player in National Football League.
For whatever reason, the focus of high school athletics has
shifted. No longer do we preach the values taught by participation in a
team or individual sport, the values of competition, teamwork,
dedication, and cooperation. These have been replaced by a new focus or
value, simply to excel at the highest possible level. While you may be
asking yourself, ``what is so bad about wanting to excel at the highest
level?'' consider what many of these high school athletes are willing
to do in order to excel. High school athletes use all sports
supplements like protein powders, sports drinks, ephedrine, creatine,
and androstenedione routinely today as part of their training regimen.
Any high school athlete can walk into a store or health club and
purchase these dietary supplements no questions asked. On several
occasions I have had conversations with athletes I coached about these
issues. Many times they have come to me to ask my advice about taking
supplements to help them perform at their highest levels. I have always
stressed healthier alternatives to these supplements, but for many the
supplements are simply too easy to get. While I am no expert on this, I
have always believed that dietary supplements can lead athletes to
using performance-enhancing drugs like anabolic steroids.
The three-sport athlete no longer exists in most high schools
today. They have been replaced by athletes who train year-round, honing
their skills in one sport. Basketball teams play 60 games during the
summer, plus a 25-game regular season. Baseball plays 50 games in fall
leagues, in addition to the 25-game regular season schedule and the 50-
game summer season schedule. As a coach, I expected my football players
to commit countless hours in the weight room lifting, running, and
working on fundamental skills. Add to this the proliferation of summer
sports camps athletes and coaches can choose from, and it is no wonder
that high school athletes have no time for any other activities they
might be interested in. any athletes feel they have to turn to
supplements to have the strength to compete through the long schedules.
For many male high school athletes, pro athletes are major
influences. They are the role models. They choose the jersey numbers of
their favorite professional players. They emulate their training
regimens. They emulate their style of play. And they are influenced by
their drug use. When a professional athlete admits to using steroids,
the message young athletes hear is not always the one that is intended.
Young athletes often believe that steroid use by their role models
gives them permission to use. That it is simply part of what one must
do to become an elite athlete.
Coaches, whether they intend to or not, put a great deal of
pressure of their athletes. The demands and expectations of most high
school programs rival many college programs. In a sport like football,
where the emphasis is on getting bigger and stronger, coaches are
constantly pressuring their athletes to gain more weight or to be able
to lift more weight than they could a month ago. As a coach, I caught
myself saying to my athletes the very things that made me feel the
pressure to grow in size and strength beyond what my body was capable
of naturally. Athletes grow to feel like no matter what they do, it is
not going to be enough for their coaches. Couple this with the fact
that athletes are by their very nature, highly competitive, and it is
easy to understand how and why they might turn to performance enhancing
drugs like anabolic steroids.
One of the biggest challenges I faced as a coach was trying to
effectively dissuade my athletes from using supplements and performance
enhancing drugs. I have always been very open and honest with anyone
who asks me about my use of steroids. I regularly shared with my
athletes the effects that steroids had on me while I used them for two-
and-a-half years during my career as a football player. My hope is that
if I can relate to them on a personal level, they will be more likely
to listen to me. Too often though, what they see is someone who used
steroids and turned out fine. Instead of listening to me because I am
being honest, they think that if nothing bad happened to me, then they
will have the same experience. The problem is that there is too little
information out there about the dangers of steroids. All adolescents
hear is how much steroids will help them perform. We need to get the
word out at every level and in every way that steroids are dangerous.
I cannot stress enough how easy it is to get supplements. I cannot
stress enough how widespread use of supplements is among high school
athletes. Drug stores, supermarkets, and health food stores all carry
these supplements and they can be purchased by anyone. While I can only
speak for the athletes I coached, I would say that at least 70 percent
of them are using some kind of dietary supplement. Percentages of
steroid use are much harder to predict, partly because steroid users
simply do not talk about their use. It is not something that anyone
would openly admit to. Based on my personal experience and the number
of athletes I have worked with over the years, a conservative estimate
would be between 5 percent and 10 percent of athletes I have coached
used steroids.
I hope you understand that supplement and steroid use among high
school athletes is a growing problem that needs to be addressed. I
strongly encourage you to take the lead and help to curb this problem.
Steroid precursors sold as dietary supplements need to be regulated,
they need to be harder to get. I cannot stress enough what kind of
impact supplement use has on young athletes. This, to me, seems to be
the first step in helping to solve the larger issue of steroid use.
Thank you.
Senator Dorgan. Mr. Schwab, thank you very much for your
testimony. We appreciate your being here.
Next we will near from Mr. Frank Shorter, chairman of the
board for the United States Anti-Doping Agency. A former
Olympic athlete, Mr. Shorter won the gold medal in the marathon
at the 1972 Olympic Games in Munich, and the silver medal at
the 1976 Olympic Games in Montreal.
Mr. Shorter, welcome. We're pleased that you are here. You
may proceed.
STATEMENT OF FRANK SHORTER, CHAIRMAN, UNITED STATES ANTI-DOPING
AGENCY
Mr. Shorter. Thank you. Good morning, Mr. Chairman, Members
of the Committee. My name is Frank Shorter, and thank you very
much for the opportunity to appear before you today.
I may be better known as an Olympic marathoner and
television commentator, but today I come to you as chairman of
the United States Anti-Doping Agency, which has been recognized
by Congress as the independent--independent--national anti-
doping agency for the Olympic sport in the United States. Our
mission is to protect and preserve the health of athletes, the
integrity of competition, and the well-being of sports through
the elimination of doping. Last year, we conducted more than
4,800 tests for steroids and other prohibited doping
substances, many of these totally unannounced.
As is readily apparent from today's headlines, anabolic
steroids and the many steroid precursors sold in the United
States as dietary supplements have become a major problem in
sport. U.S. athletes are in the untenable position of being at
risk of a failed doping test, if they take any dietary
supplement, because of product contamination.
In Olympic sport, the most notable systematic, State-
supported program of doping with anabolic steroids was that
conducted by the East Germans from 1974 until the Berlin Wall
fell in 1989. For example, after less than two years of steroid
use, the East German women's swimming team competed in the 1976
Olympics in Montreal. In contrast to their performance in 1972,
when they won only 5 medals, they won 18 medals, including 11
of 13 possible golds in 1976. The results of this program have
since been substantiated through the testimony of many of the
athletes themselves, their coaches and doctors, during the East
German doping trials where doctors and coaches were convicted.
The documented side effects of steroids and steroid
precursors among these East German athletes and others are
severe. They include effects on the liver and reproductive
system, growth arrest in adolescence, susceptibility to
cancers, permanent--permanent--masculinization of women, and
feelings of androgyny that are permanent--let's not forget the
other half of the population here--shrinking of testicles and
impotence in men, and severe facial disfiguring through acne.
Now, I have a very personal interest in doping in Olympic
sport. I won the gold medal for the United States in the
marathon in the 1972 Olympics in Munich. And four years later,
I ran an even better race, but finished second to an East
German at the Montreal games. At the time, I knew it would be
absolutely possible to increase my performances and increase my
chances of beating the East Germans and others who were using
steroids--and let me tell you, the athletes know who's doing
what--but it never occurred to me to do so. To me, that's not
what sport is about. I didn't cheat, and I finished second.
In our current sport environment, the availability of
steroid precursors as dietary supplements is of major concern.
And one example, as we've all seen here, is androstenedione,
which originally was developed as part of the East German
steroid program. It metabolizes into the body into the steroid
testosterone.
And following the acknowledgment by Mark McGwire in his
home-run record year that he's used androstenedione, as we've
seen, sales in the United States dramatically increased, as
Senator McCain mentioned. This phenomenal demand, particularly
among teenagers, led to the mass marketing of other steroid
precursors, like norandrostenedione, which also metabolizes in
the body and produces a steroid nandrolone.
Through our testing program, USADA has recognized a serious
problem with the sale of steroid precursors and dietary
supplements. In increasing numbers, athletes are failing doping
tests after taking mislabeled dietary supplements. Reasonably
cautious athletes know how to avoid products that have steroid
precursors reflected on the product label. But, unfortunately,
a surprisingly high percentage of dietary supplements contain
doping substances, which will get you busted by us, that are
not on the label.
The International Olympic Committee found, in a recent
study of 624 dietary supplements, that 41 percent of the
products from American companies contained a steroid precursor
or a banned substance, and it wasn't disclosed on the label.
The fact that U.S. companies have flooded the market with
steroid precursors has caused the international sporting
community to charge that the United States is the prime source
of international doping pollution. The international community
can't understand why all our professional sports do not test
for steroids and other performance-enhancing substances. They
simply can't understand why we allow steroid precursors to be
sold over the counter, like candy, to our teenagers and to
their teenagers, via the Internet. It is important to the image
of America and to all clean athletes to not be perceived as a
society that condones the use of steroids and steroid
precursors.
The status quo presents significant health risks for
athletes and the general public. It undermines the image of the
United States and our athletes as actually being committed to
drug-free sport. The solution to the steroid precursor problem
is to follow the lead of other nations and regulate steroid
precursors as steroids, give them steroid status. This could be
accomplished through a minor modification of the Controlled
Substances Act that already recognizes the importance of
regulating immediate precursors to controlled substances--in
other words, precursors in manufacturing, as opposed to
metabolizing in your body. With only a minor modification, the
definition in the act of ``immediate precursor,'' the Attorney
General would have the authority to classify steroid precursors
as controlled substances equal to steroids. It is likely that
the production of these steroid precursors will stop as soon as
they can no longer be sold over the counter.
Our organization considers Congress to be the appropriate
place to turn for the necessary leadership on these issues.
USADA believes we are in the midst of a health crisis that's
rooted in professional and amateur sport and impacts the youth
of our nation. It's not limited to their quest for athletic
performance and accomplishment, but also includes the basic
pursuit of recognition.
Now is the time to enact change that will prevent our
children from becoming a generation exposed to wide steroid
use. Children have always emulated their sports idols. I did.
And these same children--we have to wake up to the fact--more
often than we would like to admit, know much more than adults--
their parents and everyone else who's an adult--do about just
what their idols did and are doing to achieve their goals. They
should never have to feel that, at some time in their athletic
careers, there will be no choice but to take these illegal
performance-enhancing drugs and the precursors that produce
these drugs in their bodies.
We plead with you to provide intervention to this health
crisis and seek legislation and regulation.
Thank you.
[The prepared statement of Mr. Shorter follows:]
Prepared Statement of Frank Shorter, Chairman,
United States Anti-Doping Agency
Good morning, my name is Frank Shorter. Thank you for the
opportunity to testify before you today. You may know me as an Olympic
marathoner and television commentator, but today I come to you as the
Chairman of the United States Anti-Doping Agency, which has been
recognized by Congress as the independent, national anti-doping agency
for Olympic sport in the United States. Our mission is to protect and
preserve the health of athletes, the integrity of competition, and the
well-being of sport through the elimination of doping. Last year we
conducted more than 4800 tests for steroids and other prohibited doping
substances. As is readily apparent from today's headlines, anabolic
steroids and the many steroid precursors sold in the United States as
dietary supplements have become a major problem in sport. U.S. athletes
are in the untenable position of being at risk of a failed doping test
if they take any dietary supplement because of product contamination.
In Olympic sport, the most notable, systematic state-supported
program of doping with anabolic steroids was that conducted by the East
Germans from 1974 until the Berlin Wall fell. For example, after less
than two years of steroid use the East German women's swimming team
competed in the 1976 Olympics in Montreal. In contrast to their
performance in 1972, when they won only five medals, they won 18 medals
including 11 out of 13 possible golds in the 1976 Games. The results of
this program have since been substantiated through the testimony of
many of the athletes themselves, their coaches and doctors during the
East German doping trials.
The documented side effects of steroids and steroid precursors
among these East German athletes and others, are severe and include
effects on the liver and reproductive system, growth arrest in
adolescents, susceptibility to cancers, permanent masculinization of
women, shrinking of testicles and impotence in men, and scarring from
steroid acne.
I have a very personal interest in doping in Olympic Sport. I won
the gold medal for the United States in the marathon at the 1972
Olympics in Munich. Four years later, I ran an even better race but
finished second to an East German at the Montreal Games. At the time, I
knew that it would be absolutely possible to increase my chances of
beating the East Germans and others who were using steroids if I
cheated by doping, but it never occurred to me to do so. To me that is
not what sport is about. I didn't cheat and I finished second.
In the current sport environment, the availability of steroid
precursors as dietary supplements is of major concern. One example is
androstenedione, which, originally developed as part of the East German
steroid program, metabolizes in the body into the steroid testosterone.
Following the acknowledgement by Mark McGwire in his home run
record year, that he had used androstenedione, sales in the United
States dramatically increased. This phenomenal demand, particularly
among teenagers, led to the mass marketing of other steroid precursors
like 19-norandrostenedione, which metabolizes in the body into the
steroid nandrolone.
Through our testing program USADA has recognized a serious problem
with the sale of steroid precursors in dietary supplements. In
increasing numbers, athletes are failing doping tests after taking mis-
labeled dietary supplements. Reasonably cautious athletes know to avoid
products, which have steroid precursors reflected on the product label.
Unfortunately, a surprisingly high percentage of dietary supplements
contain doping substances, which are not disclosed on the label. For
example, a recent study of 624 dietary supplements by the International
Olympic Committee found that 41 percent of the products from American
companies contained a steroid precursor or banned substance not
disclosed on the label.
The fact that U.S. companies have flooded the market with steroid
precursors has caused the international sporting community to charge
that the United States is the prime source of ``international doping
pollution.'' The international community simply can't understand why
all of our professional sports do not test for steroids and other
performance enhancing substances. They can't understand why we allow
steroid precursors to be sold over the counter like candy to our
teenagers (and their teenagers via the Internet). It is important to
the image of America and to all clean American athletes that we not be
perceived as a society that condones the use of steroids and steroid
precursors.
The status quo presents significant health risks for athletes and
the general public; it undermines the image of the United States and
our athletes as being committed to drug-free sport. The solution to the
steroid precursor problem is to follow the lead of other nations and
regulate steroid precursors as steroids. This could be accomplished
through a minor modification of the Controlled Substances Act, which
already recognizes the importance of regulating immediate precursors to
controlled substances. With only a minor modification to the Act's
definition of ``Immediate Precursor'' the Attorney General would have
the authority to classify steroid precursors as controlled substances
equal to steroids. It is likely that the production of these steroid
precursors will stop as soon as they can no longer be sold over the
counter.
Our organization considers Congress to be the appropriate place to
turn for the necessary leadership on these issues. USADA believes we
are in the midst of a health crisis, which while and the development of
a body that mirrors the image of the elite athlete. Now is rooted in
professional and amateur sport impacts the youth of our nation. It is
not limited to their quest for athletic performance and accomplishment,
but includes the pursuit of recognition the time to enact change that
will prevent our children from becoming a generation exposed to
widespread steroid use. Children have always emulated their sports
idols, I did. And these same children, more often than we would like to
admit, know much more than adults do about just what their idols did
and are doing to achieve their goals. They should never have to feel
that at some time in their athletic futures there will be no choice but
to take these illegal performance enhancing drugs and precursors. We
plead with you to provide intervention to this health crisis and seek
revised legislation and regulation.
Thank you.
Senator Dorgan. Mr. Shorter, thank you very much.
And, finally, we will hear from Dr. Bernard Greisemer. He
is a pediatrician from Missouri who has written extensively
about steroid use and teenagers.
Dr. Greisemer, thank you for being here. Why don't you
proceed?
STATEMENT OF DR. BERNARD GREISEMER, PEDIATRICIAN
Dr. Greisemer. Thank you, Mr. Chairman.
This year, I will begin my 25th year as a pediatrician and
sports medicine specialist, and I appreciate this opportunity
to present both medical information and my concerns regarding
the increasing use in young athletes of products that contain
anabolic steroids. The highly publicized use of these
substances by professional athletes does influence the
incidence of use in elementary, middle school, high school, and
collegiate athletes.
For purposes of our discussion, pediatricians do not
distinguish between anabolic steroids and steroid precursors
that are in dietary supplements. These substances have the same
effects. These substances have the same health risks.
There are three points I would like to briefly address that
serve to reinforce some of the statements that Senator McCain
made in his opening comments. There are major health problems
associated with the use of anabolic steroids in all age ranges.
However, the side effects of anabolic steroids in younger
athletes have the potential of far greater risks than they do
in adult athletes. Young athletes who start using these
products in the middle school years and continue to use them
through adolescence and into adulthood are likely to face
higher risks of cardiac, hepatic, dermatologic damage. Many of
my teenage male athletes are very unhappy to learn that
managing their premature male pattern baldness is very
difficult if they have been using dietary supplements with
steroids since they were in 7th grade. The risk of
cardiovascular complications of the use of these substances are
the subject of ongoing research. And the possibility that the
complication rate for younger athletes is higher than the adult
population is only now beginning to be explored. The list of
organ systems in young athletes that can potentially suffer
severe adverse effects of anabolic steroids includes nearly
every organ system in the human body.
One side effect of these substances is unique to the
younger athletes. Medical research has documented that anabolic
steroids, even when used in disease management, result in the
acceleration of pubertal development and premature height
growth arrest. This adverse effect is not seen in the adult
population of athletes and is unique to the skeletally immature
young athlete. This growth arrest is irreversible.
In women of all ages, many of the effects of these
substances on the vocal cords and the reproductive system are
irreversible. The evidence that these products result in long-
term health complications in young women and may even result in
severe deformities in their offspring is currently coming to
public attention in Germany.
Younger athletes also have an additional problem. The
product disclaimers and fine print lists of side effects that
accompany these substances are often written in language that
exceeds the reading comprehension level of middle school
students. Young athletes see the flashy banners, hear the
endorsements of professional athletes, and see the effects of
these drugs on professional athletes when they are competing on
television. Young athletes are less likely to read and
understand warning labels.
Further, in many circumstances, the labeling of products
containing anabolic steroids is either inaccurate or
unavailable. This fact is primarily what brings young athletes
into our offices with questions about anabolic androgenic
steroids.
This leads to my second point of discussion. The effect of
media exposure and marketing campaigns on young athletes is
clearly established. Perception about self image, peer
relationships, and success are easily manipulated at this age
range. Major corporate efforts and financial resources are
targeted at this age range in attempts to influence lifestyles
and purchasing trends. These trends are expected to persist
into adulthood. This statement is supported by research in our
medical literature and by research from the media, advertising,
and marketing industries.
In this context, professional athletes are major role
models for our young athletes in the clothes they wear, the
cars they drive, the food they eat, and the drugs and dietary
supplements they take. The millions of dollars that are spent
by major corporations in linking their products to a particular
athlete, team, or sporting event counter any argument that
professional athletes are not affecting the lifestyles of our
young athletes. Use of and media exposure of the use of
anabolic steroids among professional athletes also directly
affects the interest in, the perception of benefits of, and the
use of these substances in our young athletes.
I need to emphasize that I and other pediatricians are
seeing the effect that professional athletes' behavior has in
affecting the behavior of our young athletes at increasingly
younger ages over the last two decades. We see this in the
questions they ask regarding anabolic steroids and other
dietary supplements that are promoted as having anabolic
performance-enhancing effects. We see the frequency of these
questions with each new media expose of the use of these
substances by professional athletes.
Pediatric medical literature has now documented the use of
these products that contain anabolic androgenic steroids in
athletes as early as the middle school age range. Recent
research has documented use of anabolic androgenic steroids in
2.6 percent of both male and female young athletes as early as
5th grade.
In my experience, one of the most compelling reasons that
these young athletes are using or are thinking about using
these products is that the media and the aggressive marketing
campaign used by manufacturers all identify these products--and
in the case of manufacturers, heavily promote the use of these
products--as being used by the pros.
Third, pediatricians strongly agree with the Surgeon
General of the United States that physical activity and proper
nutrition are critical components of health in our young
people. Establishing lifelong patterns of physical activity in
the middle school and high school age ranges is one of the most
effective means of achieving this goal. Youth sports are the
most important way in which American youth become and remain
physically active. Any role model for youth in the arena of
sports could have a positive influence on these young athletes
to initiate and to continue competitive physical activity.
Conversely, any perception that a young athlete can't
participate, compete, or excel in sports without the use of
anabolic steroids will adversely affect youth participation in
sports. If the perception involving professional athletes and
anabolic steroids is that everybody does it or you can't win
without these substances, many young athletes will either stop
participating or start using these substances.
With physical activity becoming an increasingly important
component of health in America, any effort to reduce the use of
anabolic steroids, at all levels of competition, will increase
the participation rates of our young athletes, who understand
that they can just do it without cheating. Pediatricians are
adamant in their support of any program or legislation that
strives to keep our young athletes healthy and strives to keep
our youth sports programs healthy and drug-free.
In summary, I strongly urge you to support any program that
seeks to improve the health of the children in America. I
strongly urge you to consider the impact of the use of the
anabolic androgenic steroids by professional athletes and the
effect that it has on our young athletes. Any effort to curb
the use of these products in athletes of all ages, whether by
drug-testing programs and educational programs that are
currently being developed by USADA, or by supporting youth
programs that promote healthy training and conditioning
alternatives to the use of these drugs, will be helpful to us.
Pediatricians are working hard to develop healthy, drug-free,
physically active young Americans.
I thank you again for this opportunity to bring this
important issue to your attention.
[The prepared statement of Dr. Greisemer follows:]
Prepared Statement of Dr. Bernard Greisemer, Pediatrician
Good morning, my name is Dr. Bernard Greisemer.
This year, I will begin my twenty-fifth year as a pediatrician and
a sports medicine specialist. I appreciate this opportunity to present
both medical information and my concerns regarding the increasing use
in young athletes of products that contain anabolic steroids. The
highly publicized use of these substances by professional athletes does
influence the incidence of use in elementary, middle school, high
school, and collegiate athletes.
For the purpose of our discussion, pediatricians do not distinguish
between anabolic steroids and steroid precursors that are in dietary
supplements. These substances have same effects and health risks.
There are three points that I would like to briefly address.
There are major health problems associated with the use of anabolic
steroids in all age ranges. However, the side effects of anabolic
steroids in younger athletes have the potential of far greater risks
that they do in adult athletes. Young athletes who start using these
products in the middle school years and continue to use them through
adolescence and into adulthood are likely to face higher risks of
cardiac, hepatic, and dermatologic damage. Many of my teenage male
athletes are very unhappy to learn that managing their premature male
pattern baldness is very difficult if they have been using dietary
supplements with anabolic steroids since they were in seventh grade.
The risks of cardiovascular complications of the use of these
substances are the subject of ongoing research and the possibility that
the complication rate for younger athletes is higher is only now
beginning to be explored. The list of organ systems in young athletes
that potentially can suffer adverse effects of anabolic steroids
includes nearly every organ system in the human body.
One side effect of these substances is unique to the younger
athletes. Medical research has documented that anabolic steroids, even
when used in disease management, results in the acceleration of
pubertal development and premature height growth arrest. This adverse
effect is not seen in the adult population of athletes and is unique to
the skeletally immature young athlete. This growth arrest is
irreversible.
In women of all ages many of the effects of these substances on the
vocal cords and the reproductive system are irreversible. The evidence
that these products result in long health complications in young women
and may even result in severe deformities in their offspring is
currently coming to public attention in Germany.
Younger athletes also have an additional problem. The product
disclaimers and fine-print list of side effects that accompany these
substances are often written in language that exceeds the reading
comprehension level of middle school students. Young athletes see the
flashy banners, hear the endorsements of professional athletes, and see
the effects of these drugs on professional athletes when they are
competing on television. Young athletes are less likely to read and
understand warning labels. Further, in many circumstances the labeling
of products containing anabolic steroids is either inaccurate or
unavailable. This fact is primarily what brings young athletes into our
offices with questions about anabolic androgenic steroids.
This leads to my second point of discussion. The effect of media
exposure and marketing campaigns on young athletes is clearly
established. Perceptions about self-image, peer relationships, and
success are easily manipulated at this age range. Major corporate
efforts and financial resources are targeted at this age range in
attempts to influence lifestyles and purchasing trends that are
expected to persist into adulthood. This statement is supported by
research in our medical literature and by research in the media,
advertising, and marketing industries. In this context, professional
athletes are major role models for our young athletes; in the clothes
they wear, the cars they drive, the food they eat, and the drugs and
dietary supplements they take. The millions of dollars that are spent
by major corporations in linking their products to a particular
athlete, team, or sporting event, counter any argument that
professional athletes are not affecting the lifestyles of our young
athletes. Use of, and media exposure of the use of, anabolic steroids
in professional athletes also directly affects the interest in, the
perception of benefits of, and the use of these substances.
I need to emphasize that myself and other pediatricians are seeing
the effect of professional athlete's behavior affecting the behavior of
our young athletes at increasingly younger ages over the last two
decades. We see this influence in the questions they ask regarding
anabolic steroids and other dietary supplements that are promoted as
having anabolic performance enhancing effects. We see the frequency of
these questions surge with each new media expose of the use of these
substances by professional athletes. The pediatric medical literature
also has documented the use of products that contain anabolic
androgenic steroids in athletes as early as the middle school age
range. Recent research has documented use of anabolic androgenic
steroids in 2.6 percent of both male and female young athletes as early
as fifth grade. In my experience, one of the most compelling reasons
that these young athletes are using or are thinking about using these
products is that the media and the aggressive marketing campaigns used
by manufacturers all identify these products (and in the case of the
manufacturers, heavily promote the use of these products) as being
``used by the pros''.
Third, pediatricians strongly agree with the Surgeon General of the
United States that physical activity and proper nutrition are critical
components of health in our young people. Establishing lifelong
patterns of physical activity in the middle school and high school age
ranges is one of the most effective means of achieving this goal. Youth
sports are one of the most important ways in which American youth
become and remain physically active. Any role model for youth in the
arena of sports could have a positive influence on these young athletes
to initiate or to continue competitive physical activity. Conversely,
any perception that a young athlete can't participate, compete or excel
in sports without the use of anabolic steroids will adversely affect
youth participation in sports. If the perception involving professional
athletes and anabolic steroids is that ``everyone does it'' or ``you
can't win without these substances'' many young athletes will either
stop participating or start using these substances. With physical
activity becoming an increasingly important component of health in
America, any effort that seeks to reduce the use of anabolic steroids,
at all levels of competition, will increase the participation rates
among our young athletes who will understand that they can ``just do
it'' without cheating. Pediatricians are adamant in their support of
any program or legislation that strives to keep our young athletes
healthy and strives to keep our youth sports programs healthy and drug
free.
In summary, I strongly urge you to support any program that seeks
to improve the health of the children in America. I strongly urge you
to consider the impact that use of anabolic androgenic steroids by
professional athletes has on our young athletes. Any effort to curb the
use of these products in athletes of all ages, whether by drug testing
programs and educational programs as currently are being developed by
USADA, or by supporting youth sport programs that promote healthy
training and conditioning alternatives to the use of these drugs, will
be helpful to us. Pediatricians are working hard to develop healthy,
drug free, physically active young Americans.
I would again like to thank you for this opportunity to bring this
important issue to your attention.
Senator Dorgan. Dr. Greisemer, thank you very much. Can you
talk about the product samples you have before you?
Mr. Shorter. These were just a trip to a local supplement
store--went in and bought them. And this would be
androstenedione. This would be norandrostenedione. The doctor
can explain this one. This one has progesterone. I don't know
why you would want to rub a gel, if you're a man, on your arm
with something that's----
Dr. Greisemer. Now, why one of my male 18-year-old patients
would want to put an oral contraceptive on his scalp is beyond
me.
Senator Dorgan. Well, it's beyond us, as well.
[Laughter.]
Senator Dorgan. You want to----
Mr. Shorter. But I think the operative--the illustration
is, this essentially--androstenedione was developed by the
East Germans, because it was a very convenient way of basically
getting testosterone into the bodies of their athletes, and a
12-year-old kid can buy it like candy.
Our main attorney sent his 11-year-old son into a health
food store last year, and he was able to buy all this stuff.
Senator Dorgan. So let me start then, with a question that
relates to that. If, for example, in baseball, they ban steroid
use and test for it--have a rigid testing regime--but don't
deal with the precursors, have they solved the problem, Mr.
Shorter?
Mr. Shorter. Well, if they test for--the doctor can answer
that a little better--but if they do ban the use of
testosterone, no, they would have to ban the use of
androstenedione.
Dr. Greisemer. The dietary precursors, the level of
sophistication in testing will pick up the dietary supplement
precursors of anabolic steroids. So if they allow testing, they
will pick up the use of those precursors.
Senator Dorgan. And, Mr. Colangelo, you have ownership of
both a team in Major League Baseball and also in the National
Basketball Association. You have two professional teams. You
have testing mandatory in one and not in the other. Is that
correct?
Mr. Colangelo. Yes.
Senator Dorgan. Can you describe the two circumstances? Do
you feel confidence that the testing with respect to the NBA
players is effective and testing that can be relied upon?
Mr. Colangelo. Yes. First of all, I was more or less
appalled to find out that baseball did not have a program when
I came into baseball, because I have been front and center in
the NBA on this issue. I had some personal experiences with our
basketball team years ago in Phoenix, and basically took on the
Players Association on this issue, head on. I've been a strong
proponent of random mandatory testing, not to catch anyone, but
to serve as the ultimate deterrent. I'm convinced that that's
exactly what needs to be done.
I think this is a program that could be monitored
internally, as we do in the NBA, between the Players
Association and ownership. It does work. It may not be perfect,
but it's a program that exists. And I'm very happy that we have
one in the NBA and very hopeful that we have one in Major
League Baseball soon.
Senator Dorgan. Mr. Fehr, I'm going to ask you a question,
but I want to follow on that with Mr. Shorter and Dr.
Greisemer. In the NBA, they have a testing program. Would that
testing--or perhaps I should ask Mr. Colangelo--would that
testing pick up these precursor supplements? And are these
precursors supplements banned in the NBA?
Dr. Greisemer. I can't answer the question of whether they
are banned, but I know that if adequate testing is done,
depending on the testing they do, they will pick up use of
these precursors.
Senator Dorgan. So if someone in the NBA were taking andro,
they would pick that up in the testing?
Dr. Greisemer. And if the testing program uses the
appropriate panels, they will pick it up.
Senator Dorgan. I see. I would be interested to try to
understand whether in the other sports that do mandatory
testing, whether those supplements are included as banned
substances.
Mr. Colangelo. You know, the only comment I'd like to add
there is, certainly I'd like to see these products taken off
the marketplace. I would. But we can't control that. That's in
your domain. But short of that, if leagues ban the use of
substances, and a player chooses to use the substance, whether
he can buy it off the counter or not, it's still breaking the
rule. And so, you know, an intelligent person makes that
decision, one way or the other.
And so, you know, I think it's important to note that in
the NBA, as it is in the NFL, privacy, which seems to be the
big obstacle, you know, as far as the Players Association is
concerned, can be dealt with, again, because there is a
partnership that exists, one, to educate the players, number
two, to help those who have a problem, and they have the
opportunity to come forward and be helped. But, you know, if
people make mistakes over and over again, then you have to deal
with it.
It's a privilege to be a professional athlete. It is not an
entitlement, and rules are rules.
Senator McCain. If my colleague would yield----
Senator Dorgan. Yes, of course.
Senator McCain.--I've just been handed a piece of paper
that says the NBA does consider androstenedione illegal, in
answer to your question.
Senator Dorgan. Yes, thank you.
Mr. Fehr, let me ask you, the articles that have been
written in recent days, and the follow-up articles as well,
have quoted some wonderful star players in baseball who also
expressed great regret that others are taking banned
substances. And, I mean, you know, I said at the start, it's
not my interest in tarnishing baseball. I love baseball. I
think it's a wonderful game, and it's played by splendid
athletes. And, as I indicated, some of the great stars in
baseball have also expressed great regret about others who use
steroids.
As you begin your meetings with baseball players, let me
ask you, generally, do you think--is there a problem here? Is
this much ado about nothing? Is there a problem? If so, is it a
big problem? Can you give me a sense of what you and what the
players think about this issue?
Mr. Fehr. Am I supposed to pay attention to the light that
went on in front of you? I'm not--if I'm not, I won't. It just
happened to go on. I don't know if I have a time limit.
Senator McCain. Not when the Chairman asks the question.
Mr. Fehr. Okay. Let me respond, if I may, on several
different levels, because I think it's obviously an important
question. First of all, I think that, in the meetings with
players, we will have a frank and open discussion. I wouldn't
expect to make public the nature of those discussions. Players
have a right to treat their discussions with their staff and
their executive director as confidential, and they expect me to
do the same. And the results of those meetings will, in large
part, although not entirely, drive the collective bargaining
position that we will eventually take.
Secondly, there are, I think, perhaps three levels of
problems. One is a public perception problem, and that's a
problem which exists whether or not there's an underlying
problem that has to be dealt with in some appropriate way that
we need to look at in a fashion that everyone can live with,
first of all. Secondly, it may well be that we have to
reexamine in some fundamental way the education efforts that we
have been doing--that's one of the subjects that undoubtedly
will come up in my discussions with players across the board--
and translate that into the collective bargaining discussions
we have with the clubs.
Third, though, if you'll permit me, I want to widen the
discussion a little bit, beyond baseball. As is apparent from
the testimony of every witness you have in front of you today
and from the various bottles of substances that are on my left
about four feet down the road, something changed in this
country in the last ten years.
What changed, in my judgment, are two things. A wide
variety of substances are now available, apparently across the
board, without the ordinary kinds of caution which have
previously attached to the sale of substances, whether it's an
age restriction, whether it's a warning label, whether it's
``Don't take, except on the advice of doctor,'' whether it
should be by prescription, whatever it is.
The second thing which has happened is mammoth, widespread,
monumental, across-the-board advertising to the extent that
what we now see on television--all day, every day, and in every
magazine that you pick up--is an ad. And the ad says, ``Feel
bad? Here's this pill.'' If it's a prescription, ``Go see your
doctor.'' If it isn't, ``Go the health food store and take
it.'' That's a fundamentally different scenario than I faced
growing up and that I suspect you faced growing up. And that's
a reality which I think relates to whether or not there needs
to be substantially greater regulation.
We've had comments about the effects on kids and on women
of the testosterone precursors. And, in my testimony, I had
indicated that we think that needs to be looked at all over
again. In the research we did that was jointly funded with
Major League Baseball, and on the advice of the doctors that
have talked to both of us, I can find or have no memory of any
redeeming quality for any of these substances for a child or
certainly for a woman. And yet there they are. And so I think
we have problems on a multiplicity of levels.
And, with all due respect, I don't think the problems that
are being described now are going to be solved based upon
whether or not baseball gets their collective bargaining
agreement. That's a problem we'll have to deal with on our own
for baseball, but the problems are rather more widespread than
that.
Senator Dorgan. Senator McCain?
Senator McCain. Thank you, Mr. Chairman. Mr. Manfred, I
appreciate your testimony very much, but there's something I
don't quite understand. If Major League Baseball feels as
strongly as you say they do about testing athletes, why would
you agree to a contract with the players that prohibits
testing?
Mr. Manfred. The last collective bargaining agreement that
we reached did not contain a provision that allowed testing.
The contract doesn't prohibit it, but it doesn't have a
provision that would allow us to go ahead with it. If you
recall, that contract was a product of a long and difficult
strike. And, frankly, the issue of steroids has become one that
has been higher on the horizon since the conclusion of that
agreement in the mid-1990s.
Senator McCain. Mr. Fehr, I understand and appreciate your
comments, particularly concerning the confidentiality of your
discussions with the players, and I understand that you will be
visiting every team in both leagues shortly. Can you at least
assure the Committee that this will be a very, very important
item of discussion with the players?
Mr. Fehr. I have no hesitancy at all about doing that, I
think, for two reasons, one of which is that the players will
insist on it, given the publicity that's happened. And the
second one is that we have an obligation to bargain this issue
in good faith and have every intention of doing so. So while we
have a lot of issues to discuss, I think as you know and
perhaps the other Members of the Committee know, there are more
than a few things that divide us. I expect this to be a very
significant topic of discussion, yes.
Senator McCain. And you will perhaps carry the message
that, I think, is prevalent, not so much in this Committee, but
in the United States of America, that the credibility of their
performances and the confidence of the American people in the
reliability and validity of the game is at stake here.
Mr. Fehr. I----
Senator McCain. Let me just--before you answer--Shilling
says that muscle-building drugs have transformed baseball into
something of a freak show. Quote, ``You sit there and look at
some of these players, and you know what's going on,'' he says.
Quote, ``Guys out there look like Mr. Potato Head, with a head
and arms and six or seven body parts that just don't look
right. They don't fit. I'm not sure how steroid use snuck in so
quickly, but it's become a prominent thing very quietly. It's
widely known in the game.''
Isn't that pretty damning comment on the part of one of the
greatest athletes in baseball? And I'll let Mr. Colangelo speak
after you respond.
Mr. Fehr. I make it a habit, and also by direction from my
membership, not to comment on comments that individual players
make. And so the players are perfectly able, and do, speak for
themselves. And I don't attempt to comment on that.
I will say players read the newspapers. They watch
television. They understand the visibility and the significance
that this particular controversy has at this point in time. And
whatever else I do, I fully and accurately report feelings
transmitted to me, certainly in hearings like this, and I will
do so.
Senator McCain. Thank you, Mr. Fehr.
Mr. Colangelo?
Mr. Colangelo. Senator, I'd go as far as to say, based on
my own conversations with my players, that they're basically
crying out for some program that would involve testing--as long
as there is privacy. And I'm not speaking for any one player.
I'm just saying, generally speaking, conversations with my
players, they recognize it's an issue, it's a problem, and they
would like to see it resolved. So this is--this is not rocket
science.
To me, this is a very simple thing. There's a problem. One
side is willing to solve the problem. We need the cooperation
of the Players Association to resolve the issue. And hopefully
it will be done in collective bargaining during this period of
time.
Senator McCain. Mr. Shorter, I want to thank you for the
credibility and the information you bring before this
Committee. In the interest of straight talk, I would like to
say that I don't know what legislation could be contemplated by
this Committee or any Member of Congress to force anything on
the baseball players and the Players Association. Maybe we
could think of something.
But I think that the purpose of this hearing is to try to
ensure that the American people are informed, not only of the
problem, but as Mr. Shorter points out, and Mr. Greisemer, that
there are solutions to this issue. It's not an unsolvable
issue. Is that right, Mr. Shorter?
Mr. Shorter. That's right. Really the place to start is a
very simple amendment of the Act to give the Attorney General
the power to decide if a precursor should be included. And this
simply--as we read the act, and our legal people read the act,
in essence, now it exists that precursors in the--very simply
put, a precursor, in the course of manufacturing, is banned. If
there's a controlled substance and, in the course of
manufacturing, a precursor identified in the manufacturing
process is banned.
So, it seems just logical and common sense that your body
is a pretty good manufacturing organism. That process extends
over into the human body, so that a precursor in your body
manufacturing that prohibited controlled substance should also
be banned. It's not rocket science.
Senator McCain. Mr. Greisemer, do you agree with that?
Dr. Greisemer. Yes. In pediatrics, it's sort of beyond why
it is banned in the manufacturing process and it's not banned
in a 12-year-old manufacturer.
Senator McCain. I thank you. I want to thank the witnesses.
I think the preferred way that all of us would like to see this
aspect of the problem cured is a fairly rapid agreement between
the owners and the players along the lines of the NBA and the
NFL.
Mr. Shorter raises a broader issue and is involved in a far
broader issue, and perhaps that should be the subject of
further investigation by the Congress.
I thank the witnesses for being here today.
Senator Dorgan. Senator Fitzgerald?
STATEMENT OF HON. PETER G. FITZGERALD,
U.S. SENATOR FROM ILLINOIS
Senator Fitzgerald. Thank you, Mr. Chairman, and thank you
for holding this hearing. I think it's an important hearing.
And I want to thank all of the witnesses for being here.
I have a ten year old son who is an absolute baseball
fanatic, and he knows most of the statistics of almost every
major league player in both leagues. I guess he really leans
more toward being a White Sox fan. I tell him that, as the son
of a Senator from Illinois, he has to be both a Cubs and a
White Sox fan. I actually grew up a Cubs fan, as did my father.
We have frequent discussions in which we try to link
current players that my son is growing up watching, with with
the players that I grew up watching, as well as some baseball
legends of old like Babe Ruth and Ted Williams. My son has
always taken the position that the players today are much
better than the players that I grew up watching. I remember
telling him about Ernie Banks, who was the star for the Cubs
when I was growing up. Ernie, several times, hit over 40 home
runs. I think, in a couple of years--maybe in 1956, when he won
the MVP championship, or in the late 1950s--I think he hit over
50 home runs. My son said, ``Well, that's nothing.'' He now has
14 players to point to, who, in the last five years, have hit
over 50 home runs. Only 34 players in the history of Major
League Baseball have hit over 50 home runs in a season. So, I
wonder about the validity of comparing current players with
those legends of old that many of us grew up watching. It is
very distressing to read all the publicity about possible
steroid use in baseball.
Mr. Fehr, I'd certainly like to encourage the players'
union to rapidly try to address this issue. I know you have to
represent views on both sides, but I'm aware that there are
some players, such as Frank Thomas, who is a two-time league
MVP, and plays for the White Sox, who have spoken out in favor
of mandatory testing. He has pointed out that players who don't
want to use steroids are at a competitive disadvantage, because
others are using steroids. What, Mr. Fehr, do you think can be
done to protect the interests of those, such as Frank Thomas,
who don't want to use steroids?
Mr. Fehr. Thank you, Senator. First of all, I think it's a
very difficult trick to be both a White Sox and a Cubs fan, so
I have some sympathy for your son. Usually a single rooting
interest is much easier to have.
Secondly, on the real focal point of your question,
unfortunately I'm not in a position in which I can talk very
much about discussions among players on these issues and the
kinds of questions that have been raised by Mr. Thomas to which
you've referred. I can assure you that we will do our very best
to find a way through this. It's part of the collective
bargaining process. We're committed to it. I can't tell you
what the result is going to be ahead of time, but it's
obviously a serious issue which will be treated as such.
Senator Fitzgerald. Do you think members of your union, now
that they see the Senate holding hearings on this, understand
that, if they were to oppose mandatory drug testing, that they
could be inviting congressional action that would probably be
more draconian than a voluntary program or an internal
agreement amongst the players and owners in Major League
Baseball? Are the players aware that they could have the force
of law requiring some kind of mandatory testing?
Mr. Fehr. Senator, I think about the best way I can respond
to that is this. I will certainly transmit your comments. They
speak for themselves better than I can. And we will have to be
committed to the bargaining process. Unfortunately, there's no
way to respond to that question other than in that fashion.
I do want to suggest, however, that, depending on how you
approach this, there are degrees of complexity to this problem
which don't lend themselves to perhaps as simple of an analysis
as people might otherwise want to consider.
For example, Mr. Shorter mentioned that you can have
individuals that test positive in the Olympics for banned
substances who effectively had no idea what they were doing.
One of the things I understand to be the case is that you can
test for nandrolone as the result of using creatine what would
pass in this day and age as an ordinary, garden variety, fully
lawful protein or dietary supplement, in that fashion. And
these things have to be worked through.
I can assure that, as the players always have, as they
debate and discuss among themselves and talk to one another and
eventually reach a consensus, the views of everyone will be
taken into consideration, and I will certainly transmit the
views of this Committee and your comments.
Senator Fitzgerald. Mr. Shorter, Mr. Fehr points out that
there are difficulties in implementing this testing. I think
that someone pointed out to me that some individuals just
naturally have a higher level of testosterone in their bodies
and could result in a false positive for steroid usage. How do
you focus our testing so that there are not a lot of false
positives?
Mr. Shorter. Well, I--again, I would like to have the
doctor comment once I'm done so he can tell me what I said
incorrectly.
[Laughter.]
Mr. Shorter. But the number of false positives is not that
great, to my level of understanding of this. And it really does
come around in the supplement side of it. This doesn't have to
do with false positives for banned substances. There aren't
many.
Testosterone, for an example, there is a test that can show
whether or not you are taking something that's produced--
synthetic testosterone--I mean, if you've taken synthetic
testosterone. The difficulty is in having a test that shows if
your testosterone is elevated. It's a little confusing here,
but if your test isn't specific for androstenedione, if your
body naturally produces the testosterone, a test showing that
it's synthetic won't show it, you see. So you have to really
target your test.
Now, that's different from saying whether or not you have
false positives. It's really a question of deciding exactly
what it is you want to test for and developing a test for those
specific things. But that's not that difficult. The list is not
as extensive as people would believe.
And just another point--just a personal point on this--I
think the perception--the misperception over the last 15 or 20
years has been in part of the problem. People say, ``Well, you
know, the athletes will just go find something else.'' So
there's not only the question of false positives. It's, ``Oh,
there are a myriad of drugs out there. You ban one, they're
just going to find another.'' It's not true. It really was a
question of the testing being precise. Perhaps some people feel
that maybe some of the agencies doing it weren't particularly
interested in finding certain substances, so they wouldn't
develop tests for those. But the list is not that large. It's
not that complicated.
And I guess another issue that really hasn't been
emphasized is the fact of independence. If you're going to
test, we truly believe those doing the testing have to be
independent. They have to be independent. You can cite any
number of reasons why. But common sense alone tells you that if
whoever is doing this, if they have their list and they're
independent, that risk of false positives is not that great.
That can be dealt with, and the procedures you have can be
uniform, so you're not worried about all the other procedural
problems and, from the legal perspective, loopholes. And so you
can. So I don't really think it's a question of false positives
as much as a question of independence.
Senator Fitzgerald. Now, you did make the point, Mr.
Shorter, that you thought Congress should act right away to
amend the act that governs over-the-counter substances and that
we should give the Attorney General the power to decide if a
precursor should be included in the list of banned substances.
Do you think that Congress should act right now to ban those
substances that are sitting in front of you?
Mr. Shorter. Oh, absolutely. I mean, again, if you come
around to androstenedione, the reason it exists was you had a
program where an entire Olympic team--to be on the Olympic team
in East Germany from 1974 to 1989, you had to be on their drug
program. You had to be taking the drugs.
Senator Fitzgerald. And that's what Mark McGwire used?
Mr. Shorter. And this is what Mark McGwire used. It was
developed by the East Germans as a very simple way of getting
testosterone into their athletes.
Senator Fitzgerald. Mr. Fehr, do you think those substances
should be a focus of the Major League Baseball's discussions on
what substances should be banned?
Mr. Fehr. Whether I think so or not, I think it's clear
that they will be a subject of our discussions.
Senator Fitzgerald. Okay.
Mr. Fehr. But let me make a further point and emphasize
something that Mr. Shorter has said and that was reflected in
my testimony and Mr. Manfred's testimony and the booklet that
we jointly prepared, which was distributed to players, which
was attached to both of ours. We think that the reason
androstenedione and DHEA and similar compounds are not
regulated now is probably an accident. Probably nobody thought
about it at the time. And in my testimony, I indicated that it
probably is time to review that decision. I'm not personally
familiar enough with the act to know whether Mr. Shorter's
suggested legislative solution is the right one, but we invite
you to reexamine that.
And let me put a deliberate point on it, if I can, in this
way. Sooner or later in my discussions with players and in
their discussions with one another, someone will raise the
following question. They will say, ``Are you telling me that if
the Congress of the United States sees fit not to regulate X,
whatever X is, and make it freely available at the drugstore
down the street, and I'm an adult, and I'm of age, that somehow
I can't buy it?'' Because what we do in this country is we know
there are risks to things, and we allow adults to make choices.
If it ought to be regulated, we invite you to regulate it. If
it ought not to be on the shelves, don't let it be on the
shelves.
Senator Dorgan. Would you yield on that point?
Mr. Fehr, but that raises the question of, for example,
andro, which is banned in the NBA, but perfectly legal to go
purchase. It is not banned in baseball. By implication, I
guess, you're suggesting that some of the substances that are
banned by the NBA, under any type of testing program in Major
league Baseball, should be allowed as long as they are not
considered illegal or prohibited from purchase by the United
States Congress. Is that what you're saying?
Mr. Fehr. What I am saying, Mr. Chairman, is something a
little bit different than that. I am saying a couple of things.
First of all, we will discuss all of these issues, as we're
obligated to do and as I've indicated that we are fully
committed to doing.
But I do want to make the following point. If these
substances have the dangers that they are reputed to have, and
we know of nothing in our research which suggests that that is
wrong, then that suggests that there is a legislative or
administrative remedy here which could go a long way toward
addressing the problems, especially with children, that we've
been talking about. And we invite you to reconsider that. There
is, in fact, something the Congress can do.
Senator Dorgan. Senator Fitzgerald?
Senator Fitzgerald. I just would like to make the point,
Mr. Chairman, that maybe we should have a follow-up hearing on
the issue of whether Congress should act immediately to ban the
over-the-counter substances in front of Mr. Shorter. Maybe we
should hear from the other side on this issue. I'm sure the
manufacturers and retailers of those products are probably
bitterly opposed to such action. But those materials--as the
doctor pointed out, too--can be purchased by high school kids.
Is there any age requirement to go in and buy these products?
So anybody--a 12 year old could go in a health food store and
buy that stuff so they can look like Mark McGwire and hit like
Mark McGwire. I think that would be a good follow-up hearing,
Mr. Chairman.
And I want to thank all of the panel members here. I think
this has been very informative. I would urge both sides in
Major League Baseball negotiations to address this issue. I'd
urge the owners and the league to be tough on this issue, too,
and not take no from the players very easily.
And thank you all for being here.
Senator Dorgan. Mr. Colangelo, you wanted to comment?
Mr. Colangelo. Well, whether or not something's available
over the counter--you know, it's like looking for someone to
help solve our problem. That's not the issue, in my mind. This
is two parties, the Players Association and the owners,
agreeing to ban certain substances. And there's a reason for
that: not only what's been discussed here, the health of the
individuals, but also, players don't want another player to
have a competitive edge, and that's a big issue. That, in
itself, is good enough reason for us to monitor our own
business, and it would be great to have Congress help out. And
certainly it's going to have impact with the over-the-counter
sales, but that really should not have an influence on the
agreement that should be made between the Major League Players
Association and the owners.
Senator Dorgan. Let me ask a couple of additional
questions, then.
Mr. Schwab, I read in the sports magazines and journals
these days about high school football teams having linemen of
250 and 300 pounds, and I wonder about 300-pound high school
linemen. How do you find them? Where do you get them? What are
they taking, if anything? Can you tell me? I suspect you don't
have statistical evidence, but give me your impression of what
is happening in high school sports, especially with respect to
football, where we see so many very large football players at
the high school level.
Mr. Schwab. Like you, I share your amazement at how high
school seniors who are 18 years old are graduating and can step
into Division I college programs and play football as freshmen.
That is amazing to me. When I graduated from high school 20
years ago, I was 220 pounds. And it took me two years to get to
the point where I could play at the college level. So it's
pretty clear to me that kids today are doing things, are taking
supplements, taking drugs, that are helping them to get to that
level to be able to play at that next level at very early ages.
And it's not uncommon to see 300-pound high school athletes
these days.
Senator Dorgan. But a 300-pound athlete who is taking
supplements is not the same as a 300-pound athlete who is
taking banned steroids. I think Mr. Shorter and Dr. Greisemer
said that they can walk into a store someplace and buy these
precursors and take them. I'm not suggesting the health
consequence isn't the same. I don't know the answer to that.
But we have a situation today where many of these young
athletes have total access to these supplements that are not
banned. And I assume they are on the receiving end of
advertisements. They also see their peers and other players
using them. And I guess that's part of what Mr. Shorter and Mr.
Greisemer talked about with respect to the danger.
That, I guess, brings me back to this issue. Mr. Fehr, I
was trying to ask the question. If, for example, andro is
prohibited in the NBA, but it's not prohibited from purchase,
you can walk in and purchase it at a store that sells vitamins
and supplements and so on. What should be a banned substance is
a function of what the Congress determines ought to be
prohibited from sale.
I'll come back to that in just a minute. But, Mr. Shorter,
the things that you can buy over the counter in a store, in
many circumstances, I believe, would lead someone to test
positive for drugs in the Olympics. Is that correct?
Mr. Shorter. Yes. I cited in my testimony, for example,
that 41 percent of the American products tested in an IOC
survey basically contained substances not on the label: that's
what's so insidious here. Not on the label, that'll get you
banned.
Now, I must say, our testing techniques are very, very
sophisticated. We can detect very, very minute quantities, and
probably more than a lot of other testing that goes on. And
that brings around the issue whether or not it's in the
manufacturing or if you're in an industry that does not have
the same regulation, let's say, as prescription drugs, whether
or not there might be the temptation to perhaps lace some of
your products so that they might be the talk of the health club
rather than your competitor's product. So that opens up a whole
new area.
But the net result is, we cannot recommend to any athlete--
and at this past Olympic games, just about all the major
nations of the world said to their athletes at the Salt Lake
City games, ``Don't take any supplements. You don't know what's
in them. There's a good chance you'll have something in your
body to get you busted.''
Senator Dorgan. Dr. Greisemer, you talked about very young
people, in junior high school, taking supplements. Can you
describe that? Are these young football players? Young
athletes? What kind of athletes are they, and what kind of
supplements are they taking, and how young are they?
Dr. Greisemer. We've had incidents of use and self-reported
incidents of use down in 5th grade, so 11 and 12 years old. And
it's easy for these kids to buy these products at health food
stores, which has been demonstrated by one of the staff that
you saw, his 11-year-old son. We see it predominantly in
football players, but it's now getting fairly pervasive. We're
even seeing some of the young ladies take this just for body
image enhancement. And in some reports in younger middle school
or high school students, approximately 50 percent of students
are now just taking this for physique enhancement, and they're
not even playing sports. It's very pervasive.
Senator Dorgan. Mr. Schwab, the same question?
Mr. Schwab. I think that the danger with these supplements
is that it's not always the high level athletes that are using
these supplements. It is also the marginal athlete who is
trying to gain that edge--the wannabe athlete, the one that
maybe isn't 6 foot 8 and 220 pounds, that isn't gifted
genetically. These are also the kids who are using the
supplements, and in very high numbers.
Senator Dorgan. Mr. Fehr, I wanted to allow you to expand
on the point I made earlier. If there was some kind of an
agreement in a major sport that only those substances that are
prohibited for sale by the Congress would be banned, you would
still, I assume, have performance-enhancement drugs available
to athletes. I mean, that's why I assume that, and I don't know
this, but I assume the NBA puts andro on their list because
they feel it's a performance-enhancing drug, and they don't
want their athletes to be using it to enhance performance
artificially. So can you respond to that?
Mr. Fehr. Yeah, three things, Mr. Chairman. First of all, I
don't speak for, and don't purport to speak for, the NBA
players or anyone other than my own constituency, so I'm not
going to speak to those issues. I assume they do what they do
for reasons that they believe are good and sufficient to
themselves.
I think Mr. Manfred is right, that, first of all, the
experience we have with a lot of the kind of substances we've
just been discussing is a product of the period of time since
the last collective bargaining agreement. And the mere fact
that something is not prohibited by the Congress does not mean
it should not be discussed in bargaining, et cetera. I think it
will be. That's first.
Secondly, that does not resolve the question which may
arise from time to time, which is, ``If this substance is not
prohibited, and if I'm of a certain age, is that not a choice
that I should make?'' Now, to ask the question doesn't answer
it, but there are lots of things we say in this country that
are different. You can't buy alcohol when you're in 5th grade.
You can't buy tobacco when you're in 5th grade. You can't
advertise tobacco to kids. You can't do any of that stuff.
Third--and this is most important point, I think, for me.
And we all have kids, and this is why I think this is a much
more significant issue than just baseball, although that's
where the publicity has been. In fact, if children are using a
lot of these substances, and we've just been talking about
androstenedione, it is in large part because 11-year-olds can
walk into stores and buy them. And there's no getting around
that. And that is something that Congress can do something
about, which is why we invite you to take a look at it. It
doesn't answer the question as to what you do in baseball. But
I respectfully suggest it's a much bigger question than what we
do in baseball.
Senator Dorgan. Mr. Manfred?
Mr. Manfred. I think, from our perspective, it is
important, regardless of what Congress does with respect to
this over-the-counter issue, that that issue should be dealt
with in the short term in the collective bargaining process.
And I really say that for two reasons.
First of all, in terms of testing, you can test for andro
with the same type of accuracy that you can test for any
anabolic steroid. And, in fact, most scientists believe that it
is, in fact, an anabolic steroid, which takes me to the second
point.
Those over-the-counter substances, in terms of their impact
on the body and the impact on the play of the game, have
exactly the same effect as steroids. And so, while there may be
this flaw in terms of the regulatory process, I think it's
impossible for us to look the other way and/or to wait for that
flaw to be fixed. It's an issue that needs to be addressed
privately, because they, in effect, are steroids.
Senator Dorgan. Let me conclude by saying that we should
never, and can never, and will never take the joy out of
sports. Every young boy or girl in this country aspires to look
up to a hero in sports and to emulate them and to play sports.
And it's very important for us to understand the context of a
hearing of this type.
The Commerce Committee, in this Subcommittee, has sports as
its jurisdiction. We have spent more time, perhaps, on Olympic
issues than others in past years, especially on the anti-doping
issue. But Senator McCain had suggested, and I agreed, that we
should hold a hearing of this type because I think that, while
the recent discussion has been about baseball, there has been
broader discussion about the use of steroids in sports and the
use of performance-enhancement in sports. It has a powerful
influence on young people in this country, an enormous
influence on our youth.
And so the question is, what's happening? What can be done
about it? How can we apply public pressure? How can the
American people have a voice and a role in applying public
pressure to achieve the right result? And the right result, it
seems to me, is drug testing: rigorous drug testing. And to say
to all athletes, professional athletes, and especially to young
athletes, that sports ought to be played on a fair basis,
without performance-enhancing drugs. And I think everyone
agrees on that point.
So my hope is that this hearing will contribute to some
understanding and help develop some pressure with respect to a
number of areas of sports to do more testing and to send a
message, Dr. Greisemer and Mr. Schwab, to those young kids
across this country that this is not the way to succeed in
sports.
I want to thank all of you. You've come from, in many
cases, across the country to testify. And, Mr. Fehr, you're
busy. You've got meetings to begin tomorrow. Mr. Colangelo,
you've traveled halfway around the country. You should be
smiling broadly, because you have a North Dakotan, Rick
Helling, who you've added to your staff at bargain prices, and
he's winning almost every outing these days. We're very proud
of him.
But let me thank all of you who have come today. This
Subcommittee will be discussing this issue in some detail in
the future, as well.
This hearing is adjourned.
[Whereupon, at 11:36 a.m., the hearing was adjourned.]