[Congressional Record Volume 150, Number 49 (Thursday, April 8, 2004)]
[Senate]
[Pages S3996-S3999]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        ADOPTING A DRUG-TESTING POLICY BY MAJOR LEAGUE BASEBALL

  Mr. McCAIN. Mr. President, I ask unanimous consent that the Senate 
now proceed to the consideration of S. Res. 335 submitted by this 
Senator earlier today.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 335) expressing the sense of the 
     Senate that Major League Baseball clubs and their players 
     take immediate action to adopt a drug-testing policy that 
     effectively deters Major League Baseball players from using 
     anabolic steroids and any other performance-enhancing 
     substances that create a competitive advantage for, and

[[Page S3997]]

     pose a serious health risk to, such players and the children 
     and teenagers who emulate them.

  There being no objection, the Senate proceeded to consider the 
resolution.
  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. McCAIN. Mr. President, I am joined today by my colleagues 
Senators Biden, Fitzgerald, Allen, Breaux, Dorgan, and many others in 
submitting this legislation which calls on Major League Baseball and 
its players to adopt a legitimate drug-testing policy.
  The resolution expresses the sense of the Senate that Major League 
Baseball's current drug-testing policy stops short of what is necessary 
to protect the game, its players, and the children and teenagers who 
emulate them.
  As Major League Baseball starts a new season--a time that ordinarily 
signals renewal and promise--a dark shadow of public suspicion looms 
over the game and its players. Sadly, the talk amongst baseball fans is 
less this year about which team will win the World Series and more 
about which at athletes have cheated by using performance-enhancing 
substances. Action is clearly needed by Major League Baseball to 
address this problem and refocus its fans' attention to what takes 
place on the fields of play.
  The sport of baseball is America's pastime and an institution 
inextricably interwoven into the fabric of our culture. If Major League 
Baseball and its players fail to act to preserve and protect the sport 
by adopting a drug testing policy that effectively deters the players 
from using anabolic steroids or any other similar performance-enhancing 
substances, this important part of our culture will remain tarnished. 
The resolution we are introducing today would call on Major League 
Baseball and its players to restore legitimacy to professional baseball 
and make the welfare of the sport more important than the self-serving 
interests that have a choke hold on America's game.
  As chairman of the Commerce Committee, which has oversight authority 
over professional sports, and, more importantly, as a parent, let me be 
clear. There are real consequences to demanding anything less than 
clean professional sports. As discussed during a recent Senate Commerce 
Committee hearing on steroid use in professional and amateur sports, 
the failure to insist on stringent drug testing policies damages the 
integrity of the games and calls into question records set by those 
suspected of using performance-enhancing drugs.
  No reasonable person would disagree that using any performance-
enhancing substance for the sole purpose of gaining a competitive edge 
over an opponent is cheating. And, simply put, any sports organization 
that turns a blind eye to drug use among its athletes is as guilty of 
cheating as the players. This cheating and the negative effect it has 
on the integrity of any sport is shameful, and Major League Baseball 
and its players must cease treating the issue of drug testing as just 
another bargaining chip. But more worrisome still is the poor example 
set by professional athletes in the eyes of the kids who idolize them 
and are led by their example.
  Some may doubt the powerful effect that athletes have on the lives of 
kids. Let me remind them of the five-fold increase in the sales of the 
steroid-like substance androstenedione--better known as ``andro''--that 
occurred after Mark McGwire admitted to using the substance in 1998 
while chasing Roger Maris's home run record. Since then, the problem of 
harmful supplement use among children and teenagers has reached 
epidemic proportions. According to the Department of Health and Human 
Services, nearly 12 percent of high school boys and 3 percent of high 
school girls use steroids. This is unacceptable.

  The adverse health consequences associated with such use are 
indisputable. Medical experts warn that the effects on children and 
teenagers include stunted growth, scarring acne, hormonal imbalances, 
liver and kidney damage, as well as an increased risk of heart disease 
and stroke later in life. Psychologically, steroids have been 
associated with increased aggression, suicide, and a higher propensity 
to commit serious crimes.
  Today we call on Major League Baseball and its players to step up to 
the proverbial plate and implement a drug testing policy that will 
effectively deter players from using anabolic steroids and other 
similar performance-enhancing substances. We cannot, and will not, 
allow professional baseball to collectively bargain away the legitimacy 
and history of the sport. The current drug-testing regime is simply 
unacceptable, and without quick and significant change to the way the 
league tests for drugs among its athletes, the owners and players will 
continue to be viewed by the public as the knowing perpetrators of a 
shameful fraud.
  I urge my colleagues to support this resolution and to not allow the 
integrity of professional baseball to be choked by the foul ambition of 
those who cheat.
  In today's East Valley Tribune in Arizona is a letter to the editor. 
It reads as follows:

       I am a 12-year-old Boy Scout working on my communications 
     merit badge. One of its requirements is to write a letter to 
     the editor of a local newspaper on a topic I believe in.
       I think baseball players should not take steroids.

  The letter goes on--this is from Hunter Amos of Chandler, AZ--to talk 
about the need for baseball to bring about a meaningful drug-testing 
program. This from a 12-year-old Boy Scout.
  It certainly proves the American people are involved and concerned 
about this issue.
  I would like to state the following very briefly. One, organized 
baseball, Major League Baseball, and its players union have to come 
together and resolve this issue with a meaningful drug-testing program. 
A good model would be that which the minor leagues of baseball employ. 
It seems to me, since it is already in being, that the major leagues 
could just adopt the same procedures as the minor leagues.
  Second, the blame is not entirely on the players. Part of the blame 
is on the owners. Commissioner Selig stated before our committee: It 
was the last issue and they refused to budge, and we gave in because we 
didn't want a work stoppage.
  I understand that, but it is an indicator the owners were not that 
concerned about it; otherwise, they would have held fast.
  More importantly, this is for the good of two groups of Americans: 
One, Major League Baseball players. But, two, young Americans, high 
school athletes all over America who today believe the way to athletic 
excellence is to take performance-enhancing drugs. That is wrong. 
Statistics, as well as anecdotal evidence, from high school coaches all 
over America are telling us young Americans, young athletes are using 
performance-enhancing drugs in greater and greater numbers. Who are 
their role models? The major league athletes themselves.
  We are not picking on baseball. The NFL has an excellent program. The 
other professional leagues do as well, and Major League Baseball 
obviously has one that is termed by many as a joke.
  I could spend a lot of time mentioning Curt Schilling--who is one of 
my personal heroes; unfortunately he has left the Diamondbacks and is 
now with the Red Sox--was quoted in Sports Illustrated as saying:

       Some of these guys look like Mr. Potato Head.

  Some of these guys look like Mr. Potato Head? The damage some of 
these individuals are doing to themselves is really terrible, but far 
more terrible is the damage young high school athletes and college 
athletes are inflicting on themselves because of the precedent and 
example of Major League Baseball players. My greatest hero was Ted 
Williams. When I was a young, mediocre high school athlete, I probably 
would have been tempted to emulate him.
  All of us are aware a sense-of-the-Senate resolution has no force of 
law. I also recognize a sense-of-the-Senate resolution is a far cry 
from actual legislation. But I want to say now I believe I speak for 
all of my colleagues in the Senate, particularly those of us who have 
been involved in this issue, that we expect Major League Baseball 
owners and players to act. We expect them to act quickly. If they do 
not, obviously we have to explore other options. I do not want the 
Congress of the United States to be involved in a management-labor 
dispute. None of us want

[[Page S3998]]

that, and I think there will be difficulty because an action of that 
type is almost unprecedented. But I point out Major League Baseball 
does have an involvement with the Congress of the United States. They 
were not ashamed to come to the Congress of the United States to get an 
antitrust exemption, probably the most generous of any professional 
sport. Of course, they are engaged in interstate commerce.
  I hope Major League Baseball understands we are serious, and the 
purpose of this sense-of-the-Senate resolution today is taking one step 
forward. I pray for the good of these young high school and college 
athletes and even junior high school athletes that Major League 
Baseball will realize we are serious and take it upon themselves to 
reopen negotiations and resolve this issue.
  I thank my colleague, the Senator from North Dakota, who has been a 
stalwart on this issue and, in his usual eloquent and persuasive style, 
has contributed enormously to this debate.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from North Dakota.
  Mr. DORGAN. Mr. President, I follow my colleague from Arizona, 
Senator McCain, and thank him for his work. He, obviously, once again 
on this issue, will not let go. He insists we address this issue. I 
deeply appreciate it. I, like Senator McCain, am a great baseball fan. 
I grew up in a small town 60 miles from the nearest daily newspaper. 
When I was a kid, I used to get that newspaper and I would look at this 
tiny little section, ``Major League Leaders.'' I wanted to see if 
Willie Mays hit another home run. I loved baseball.
  Later, I followed the saga of someone from my own State, Roger Maris, 
who in 1961 was engaged in this home-run derby with Mickey Mantle. We 
were so proud in North Dakota of having this home State slugger, Roger 
Maris, setting a new record for Major League Baseball in 1961.
  Baseball was called our national pastime. In fact, last week the 
President of the United States traveled halfway across the country to 
throw out the opening pitch. Why? It is a national pastime. People care 
about baseball in this country. It is a great sport. But something is 
happening in this sport that ought to give all of us great concern.
  Sports Illustrated has a cover story. In the old days when Sports 
Illustrated had a cover story about baseball, it was about a pitcher, a 
catcher, a player, or a baseball exploit. Now it is about drugs--Ken 
Caminiti, Jose Conseco, and others talking about drug use in baseball.
  Two years ago, I chaired a subcommittee hearing of the Commerce 
Committee on this subject. We had representatives from Major League 
baseball, owners and others. We had representatives of the baseball 
players, and we addressed this issue. Then a month ago, Senator McCain 
chaired the full committee of the Commerce Committee hearing on the 
same issue. We had the same people involved in testimony.
  Do my colleagues want to know something. In 2 years, nothing had 
changed. There was not even a baby step forward.
  They say they initiated a testing program, one test a year, and there 
is prior notice of the test. That is not a testing program.
  Senator McCain offers a sense-of-the-Senate resolution. I know this 
by itself will not fix the problem, but it will send a message, it 
seems to me, to all involved that they ought to make progress; they 
ought to do what is right and do what is necessary.
  Two years ago when I held these hearings, we also asked a 
pediatrician to testify, a pediatrician who is involved in sports. Do 
my colleagues know what he said? He said we have kids in the sixth, 
seventh, and eighth grades who are wanting to take performance-
enhancing drugs in order to play better football, basketball, perform 
better on track. Why do they do that? Because they see their idols do 
it. They see the professional baseball players on the front cover of 
Sports Illustrated who are taking performance-enhancing drugs. Ken 
Caminiti said he thought half the players in the big leagues were using 
steroids, and that he had used them in 1996 during his Most Valuable 
Player season.
  He is out of baseball, says he feels ashamed and embarrassed about 
his own problems, including a guilty plea for crack cocaine possession 
in 2002. A Most Valuable Player in baseball says half the players in 
the big leagues were using steroids.
  Does this have an impact? You bet your life it does. It has an impact 
on American kids, kids who aspire to be involved in sports. It sends a 
message that the way to improve in sports is to take some performance-
enhancing drug. That is a dangerous message. It is the wrong message. 
People will die as a result. That is why Senator McCain says let's stop 
this.
  Mr. McCAIN. Will the Senator yield for a question?
  Mr. DORGAN. I am happy to yield.
  Mr. McCAIN. As the Senator is well aware, and I want to thank him for 
his continued involvement in this issue, this will be reported as a 
sense-of-the Senate resolution, which we all know is nonbinding. Could 
the Senator predict what he thinks might happen if we go for another 
month or two and no action of any kind is taken by Major League 
baseball? What does the Senator think might happen or could happen?
  Mr. DORGAN. Mr. President, I think what certainly could happen and 
might happen is the Congress might intervene with legislation that is 
real legislation, not just a sense of the Senate, because this is a 
significant public issue.
  The National Football League has solved this issue. They have 
rigorous testing for those who play professional football in this 
country. They testified at the hearing Senator McCain held. Minor 
League baseball has solved this issue. The commissioner of baseball 
ordered rigorous, wide testing for drugs in the minor leagues. So it is 
not as if no one knows how to do this.

  Mr. Fehr said in his testimony 2 years ago, and now 2 weeks ago, that 
this is a matter of privacy for baseball players. It seems to me it is 
not a matter of privacy. If in private people are taking banned drugs 
in order to enhance their performance in public, which is exactly what 
happens in professional sports, the taking of drugs in private in order 
to enhance their public performance, does the public have a right to 
understand that and know about that? Darn right, the public has a right 
to know.
  My point is this: When the Sports Illustrated magazine--a wonderful 
magazine, one I love to read, that chronicles the great sports 
achievements in this wonderful country of ours--has a cover story of a 
magnificent baseball player who says nearly half the players in the 
major leagues are taking some sort of banned substance, I do not know 
whether he is right or wrong, but I do know this: it ought to be a 
wake-up call for baseball. It is in their interest, it is in the 
players' interest, to solve this issue.
  There is a great baseball pitcher who used to pitch in the home State 
of my colleague from Arizona, Kurt Schilling. He is now in Boston. I 
know 2 years ago, when all of this broke, this wonderful pitcher, 
perhaps one of the best of all times, what did he say? He thought there 
ought to be testing. Why? I think the great baseball players understand 
that this cloud over baseball, as a result of these drug allegations, 
ought to be removed. It taints the sport. The good players, those who 
are not on performance-enhancing drugs, understand. They believe there 
ought to be rigorous testing.
  Mr. McCAIN. Will the Senator yield for another question?
  Mr. DORGAN. I would be happy to yield for another question.
  Mr. McCAIN. As the Senator well knows, there are some superb athletes 
in Major League baseball today, and they are performing magnificent 
feats. Yet a cloud hangs over their performances both in the minds of 
the fans as well as many of their fellow players. Why is it, does the 
Senator think, that these players and owners would not recognize it is 
in the best interest of baseball itself? If they do not care about the 
high school athletes, if they do not care about the detriment to their 
health after they retire, as we see is happening with steroid users in 
other sports as well as this one, does not the Senator from North 
Dakota think they would care about the reputable aspects, or being held 
in disrepute the records they are making as

[[Page S3999]]

they are spending the best years of their lives in Major League 
baseball?
  Mr. DORGAN. I fully agree. In rodeo sports, something I care a lot 
about because I grew up with horses and my father was an excellent 
horseman, they say somebody has a lot of try. It is an interesting way 
of describing it, saying he had a lot of try.
  Well, I hope when we look back in the rearview mirror and get the 
testing that is necessary in baseball, the achievements of a baseball 
player in this country will be the result of both skill and try--I mean 
somebody who had the determination to do well, had the skill, who put 
in the time, and did well. But when we read the front cover of Sports 
Illustrated, and they have some magnificent baseball player saying, I 
had an MVP season, but I was on drugs, in my judgment it colors and 
taints the exploits and achievements of others.
  I hope Mr. Fehr and all of those involved will have a vote of the 
baseball players or do what is necessary to get a consensus. I am 
certain a consensus of professional baseball players must surely want 
to remove this cloud. Again, this is not some mysterious issue for 
which we do not have a solution. The National Football League has 
solved it. The minor leagues have solved it. So, too, should Major 
League baseball.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Arizona.
  Mr. McCAIN. I thank my friend from North Dakota, Senator Dorgan. He 
has been involved in this issue longer than I have. I appreciate the 
opportunity of working with him on a variety of issues in the Senate.
  I would like to make one additional point. I have seen some comments 
by some observers of Major League baseball, and they are saying: Look, 
it cannot be too big a problem because Major League baseball is 
breaking all records and it is more popular than it was before and 
ratings are higher, so it probably then should not be such a big deal.
  I will make two points. There was a recent Pew Research poll that 
showed 90 percent of people who identify themselves as baseball fans 
say something needs to be done about steroids. But maybe more 
importantly, there was a time when baseball was very popular and had 
great attendance and was the national pastime and everybody was happy, 
but baseball was segregated. Baseball was a segregated sport. I would 
argue today, baseball in America is a lot better off now that it is an 
integrated sport, and I would argue that baseball will be a lot better 
off once we have a reasonable, workable testing program as far as 
performance-enhancing drugs are concerned.
  For the good of our national pastime, I urge that Major League 
baseball owners and players sit down together and resolve this issue 
and then, as they have asked, we can move on to other issues of the 
day.
  Mr. President, I ask unanimous consent the resolution be agreed to, 
the preamble be agreed to, the motions to reconsider be laid on the 
table en bloc, and any statements relating to the resolution be printed 
in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 335) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 335

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

  Mr. McCAIN. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. KYL. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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