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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

(

(II)

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

ONE HUNDRED SEVENTH CONGRESS

SECOND SESSION

ERNEST F. HOLLINGS, South Carolina, Chairman 

DANIEL K. INOUYE, Hawaii 

JOHN D. ROCKEFELLER IV, West Virginia 

JOHN F. KERRY, Massachusetts 

JOHN B. BREAUX, Louisiana 

BYRON L. DORGAN, North Dakota 

RON WYDEN, Oregon 

MAX CLELAND, Georgia 

BARBARA BOXER, California 

JOHN EDWARDS, North Carolina 

JEAN CARNAHAN, Missouri 

BILL NELSON, Florida 

JOHN MCCAIN, Arizona 

TED STEVENS, Alaska 

CONRAD BURNS, Montana 

TRENT LOTT, Mississippi 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

SAM BROWNBACK, Kansas 

GORDON SMITH, Oregon 

PETER G. FITZGERALD, Illinois 

JOHN ENSIGN, Nevada 

GEORGE ALLEN, Virginia 

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 Virginia 

RON WYDEN, Oregon 

BARBARA BOXER, California 

JOHN EDWARDS, North Carolina 

JEAN CARNAHAN, Missouri 

BILL NELSON, Florida 

PETER G. FITZGERALD, Illinois 

CONRAD BURNS, Montana 

SAM BROWNBACK, Kansas 

GORDON SMITH, Oregon 

JOHN ENSIGN, Nevada 

GEORGE ALLEN, Virginia 

(III)

C O N T E N T S 

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

(1)

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 

2

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. 

3

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 performanceenhancing 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. 

4

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. 

5

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 

6

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 minorVerDate 0ct 09 2002 09:46 May 10, 2005 Jkt 094608 PO 00000 Frm 00010 Fmt 6633 Sfmt 6633 S:\WPSHR\GPO\DOCS\94608.TXT JACK PsN: JACKF
7

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 

8

* The information referred to has been retained in Committee files. 

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, 

9

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 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 

10

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 

11

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 decanoate) Anadrol–50 (Oxymetholone) 

Depo-testosterone (Testosterone cypionate) Anavar (Oxandrolone) 

Delatestryl (Testosterone enanthate) Dianabol (methandrostenealone) 

Durabolin (Nandrolone phenpropionate) Halotestin (Fluoxymesterone) 

Primobolan (Metheneolone enanthate) Maxibolin (Ethylestrenol) 

Metandren (methyltestosterone) 

12

Injectable AAS Oral AAS 

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 

13

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 handeye 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, 

14

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 

15

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; 

16

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.

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

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. 

17

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 

18

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 PlayVerDate 0ct 09 2002 09:46 May 10, 2005 Jkt 094608 PO 00000 Frm 00022 Fmt 6633 Sfmt 6621 S:\WPSHR\GPO\DOCS\94608.TXT JACK PsN: JACKF
19

er. 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 

20

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 oneyear 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.

21

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 

Drugs Initial Test Level 

(ng/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.

22


addb.eps
23

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 

24

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. 

25

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 

26

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 

27

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. 

28

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:

29

• 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. 

30

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. 

31

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:]

32

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 

33

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 

34

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 

35

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 AntiDoping 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 

36

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.

37

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 

38

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 

39

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. 

40

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. 

41

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 

42

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 

43

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, 

44

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.’’

45

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. 

46

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 discusVerDate 0ct 09 2002 09:46 May 10, 2005 Jkt 094608 PO 00000 Frm 00050 Fmt 6633 Sfmt 6601 S:\WPSHR\GPO\DOCS\94608.TXT JACK PsN: JACKF
47

sions 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 

48

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 testiVerDate 0ct 09 2002 09:46 May 10, 2005 Jkt 094608 PO 00000 Frm 00052 Fmt 6633 Sfmt 6601 S:\WPSHR\GPO\DOCS\94608.TXT JACK PsN: JACKF
49

mony 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 overthe-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. 

50

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 

51

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 

52

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-thecounter 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. 

53

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.]

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