```

[House Report 109-310]
[From the U.S. Government Publishing Office]

109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-310
_______________________________________________________________________

                                     

                                     

                                     

                                                 Union Calendar No. 168

 
 INVESTIGATION INTO RAFAEL PALMEIRO'S MARCH 17, 2005 TESTIMONY AT THE 
    COMMITTEE ON GOVERNMENT REFORM'S HEARING: ``RESTORING FAITH IN 
   AMERICA'S PASTIME: EVALUATING MAJOR LEAGUE BASEBALL'S EFFORTS TO 
                        ERADICATE STEROID USE''

                               __________

                              THIRD REPORT

                                 by the

                     COMMITTEE ON GOVERNMENT REFORM

                                     

                                     

  Available via the World Wide Web: http://www.gpoaccess.gov/congress/
                               index.html
                      http://www.house.gov/reform

 November 18, 2005.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed
                     COMMITTEE ON GOVERNMENT REFORM

                     TOM DAVIS, Virginia, Chairman
CHRISTOPHER SHAYS, Connecticut       HENRY A. WAXMAN, California
DAN BURTON, Indiana                  TOM LANTOS, California
ILEANA ROS-LEHTINEN, Florida         MAJOR R. OWENS, New York
JOHN M. McHUGH, New York             EDOLPHUS TOWNS, New York
JOHN L. MICA, Florida                PAUL E. KANJORSKI, Pennsylvania
GIL GUTKNECHT, Minnesota             CAROLYN B. MALONEY, New York
MARK E. SOUDER, Indiana              ELIJAH E. CUMMINGS, Maryland
STEVEN C. LaTOURETTE, Ohio           DENNIS J. KUCINICH, Ohio
TODD RUSSELL PLATTS, Pennsylvania    DANNY K. DAVIS, Illinois
CHRIS CANNON, Utah                   WM. LACY CLAY, Missouri
JOHN J. DUNCAN, Jr., Tennessee       DIANE E. WATSON, California
CANDICE S. MILLER, Michigan          STEPHEN F. LYNCH, Massachusetts
MICHAEL R. TURNER, Ohio              CHRIS VAN HOLLEN, Maryland
DARRELL E. ISSA, California          LINDA T. SANCHEZ, California
JON C. PORTER, Nevada                C.A. DUTCH RUPPERSBERGER, Maryland
KENNY MARCHANT, Texas                BRIAN HIGGINS, New York
LYNN A. WESTMORELAND, Georgia        ELEANOR HOLMES NORTON, District of 
PATRICK T. McHENRY, North Carolina       Columbia
CHARLES W. DENT, Pennsylvania                    ------
VIRGINIA FOXX, North Carolina        BERNARD SANDERS, Vermont 
JEAN SCHMIDT, Ohio                       (Independent)
------ ------

                    Melissa Wojciak, Staff Director
       David Marin, Deputy Staff Director/Communications Director
                     Keith Ausbrook, Chief Counsel
   Jennifer Safavian, Chief Counsel for Oversight and Investigations
                  Rob Borden, Parliamentarian/Counsel
                       Anne Marie Turner, Counsel
                       Teresa Austin, Chief Clerk
          Phil Barnett, Minority Chief of Staff/Chief Counsel
      Brian Cohen, Minority Senior Investigator and Policy Advisor
?

                         LETTER OF TRANSMITTAL

                              ----------                              

                                  House of Representatives,
                                 Washington, DC, November 18, 2005.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: By direction of the Committee on 
Government Reform, I submit herewith the committee's third 
report to the 109th Congress.
                                                 Tom Davis,
                                                          Chairman.

                                 (iii)

                                     
?

                           C O N T E N T S

_________________________________________________________________
                                                                   Page
  I. Executive Summary................................................1
 II. Introduction.....................................................2
III. The Evidence Examined by the Committee...........................6
        A. MLB Arbitration Proceedings...........................     7
        B. Polygraph Documents...................................    12
        C. Results of Rafael Palmeiro's Drug Tests...............    13
        D. Interview with Rafael Palmeiro........................    14
        E. Interview with Lynn Palmeiro..........................    20
        F. Interviews with Other Players and Officials from the      21
            Baltimore Orioles.
              i. Interview with Miguel Tejada....................    21
              ii. Interviews with Players A and B................    25
              iii. Interviews with Baltimore Orioles Physician       27
                and Trainer.
        G. Interviews with Officials from the Texas Rangers          29
            during Rafael Palmeiro's Time with the Texas Rangers.
              i. Interview with Dr. B.J. Mycoskie................    29
              ii. Interview with Dr. Mike Mycoskie...............    30
              iii. Interview with Dr. David Hunter...............    30
              iv. Interview with Jamie Reed......................    31
              v. Interview with Dan Wheat........................    32
        H. Jose Canseco's Allegations............................    33
              i. Correspondence with Jose Canseco................    33
              ii. Interview with Ivan Rodriguez..................    34
              iii. Interview with Juan Gonzalez..................    34
              iv. Other Evidence.................................    35
 IV. Findings........................................................36
  V. Other Matters...................................................37

                                  (v)

  
                                                 Union Calendar No. 168
109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-310

======================================================================

 INVESTIGATION INTO RAFAEL PALMEIRO'S MARCH 17, 2005 TESTIMONY AT THE 
    COMMITTEE ON GOVERNMENT REFORM'S HEARING: ``RESTORING FAITH IN 
   AMERICA'S PASTIME: EVALUATING MAJOR LEAGUE BASEBALL'S EFFORTS TO 
                        ERADICATE STEROID USE''

                                _______
                                

 November 18, 2005.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Tom Davis, from the Committee on Government Reform submitted the 
                               following

                              THIRD REPORT

    On November 16, 2005, the Committee on Government Reform 
approved and adopted a report entitled, ``Investigation into 
Rafael Palmeiro's March 17, 2005 Testimony at the Committee on 
Government Reform's Hearing: `Restoring Faith in America's 
Pastime: Evaluating Major League Baseball's Efforts to 
Eradicate Steroid Use.' '' The chairman was directed to 
transmit a copy to the Speaker of the House.

                          I. Executive Summary

    On March 17, 2005, the Committee on Government Reform (the 
``Committee'') held a hearing entitled, ``Restoring Faith in 
America's Pastime: Evaluating Major League Baseball's Efforts 
to Eradicate Steroid Use,'' to gauge the reality of steroid use 
in Major League Baseball [MLB], to examine MLB's new drug 
testing policy, and to educate America's youth on the health 
ramifications of steroid use. Several current and former 
baseball players were subpoenaed to appear at the hearing. 
Baltimore Orioles baseball player Rafael Palmeiro appeared 
before the Committee and testified under oath that he had never 
used anabolic steroids. On August 1, 2005, MLB announced that 
Mr. Palmeiro had violated MLB's Joint Drug Prevention and 
Treatment Program (``MLB's testing program'') and would be 
suspended for 10 days. It was later confirmed that Mr. Palmeiro 
had tested positive for the steroid stanozolol.
    Mr. Palmeiro tested positive for a performance enhancing 
drug 6 weeks after his congressional testimony. As a result of 
his positive test, the Committee conducted an investigation to 
determine whether Mr. Palmeiro's March 17, 2005, testimony 
should be referred to the Department of Justice for an 
investigation of potential perjury. The Committee's 
investigation included a review of the MLB arbitration 
proceedings, and Committee staff interviews with Mr. Palmeiro, 
his wife, several current baseball players, and current and 
former trainers and physicians with the Baltimore Orioles and 
the Texas Rangers. The Committee also sought expert witness 
opinion on stanozolol and had a substance tested for steroids.
    The Committee will not make a perjury referral to the 
Department of Justice. A referral for perjury is a serious 
step. In this case, the evidence before the Committee is 
insufficient to merit a perjury referral.
    It is important to emphasize the narrow focus of the 
Committee's inquiry. On repeated occasions, Mr. Palmeiro 
explained his positive steroid test as the result of 
inadvertent exposure. The Committee's scope, however, did not 
include readjudication of his suspension from MLB. Instead, the 
Committee examined the positive test for stanozolol only as it 
related to potential perjury. In the process, the Committee 
received evidence that was confusing and contradictory in many 
respects. After making the determination that the evidence did 
not meet the standard for a perjury referral, the Committee 
concluded its investigation and did not make further 
determinations about the accuracy or inaccuracy of assertions 
by Mr. Palmeiro or others.
    In the course of the investigation, the Committee did learn 
facts that are relevant to the broader policy debate about the 
need for effective standards to eliminate performance-enhancing 
drugs in professional sports. The Committee received 
information that the use of performance-enhancing amphetamines 
may be a significant problem in Major League Baseball. In 
addition, interviews with Mr. Palmeiro and another player 
raised questions about the integrity of the sample collection 
procedures in the current MLB drug testing program.

                            II. Introduction

    In 1991, anabolic steroids were added to the Federal 
Controlled Substance Act as a Schedule III drug, making it 
illegal to possess or sell anabolic steroids without a valid 
prescription.\1\ Despite this Federal criminal prohibition, use 
among teenagers--especially young, aspiring athletes--is a 
large and growing problem. According to a 2003 Centers for 
Disease Control and Prevention survey, more than 1 million high 
school students have tried steroids, nearly triple the number 
just 10 years ago.\2\ A second national survey, conducted in 
2004 by the National Institute on Drug Abuse and the University 
of Michigan, found that over 40 percent of 12th graders 
described steroids as ``fairly easy'' or ``very easy'' to get, 
and the perception among high school students that steroids are 
harmful has dropped from 71 percent in 1992 to 56 percent in 
2004.\3\
---------------------------------------------------------------------------
    \1\ Anabolic Steroids Control Act of 1990, Public Law No. 101-647, 
Sec. 1901, 104 Stat. 4851 (1990) (prior to 2004 amendments).
    \2\ This number was reached by multiplying the number of high 
school students who reported using illegal steroids by the number of 
high school students in the United States. According to the study, 6.1 
percent of high school students in 2003 reported using illegal 
steroids. Jo Anne Grunbaum, et al., Youth Risk Behavior Surveillance--
United States, 2003, Morbidity & Mortality Weekly Report, May 21, 2004, 
at 61. According to U.S. Census data, the number of high school 
students in the United States in 2003 was approximately 16.5 million. 
http://www.census.gov/PressRelease/www/releases/archives/population/
001703.html (last visited Nov. 8, 2005).
    \3\ Lloyd D. Johnston, et al., National Institute on Drug Abuse, 
Monitoring the Future: National Survey Results on Drug Use, 1975-2004: 
Volume I, Secondary school students, 335 (2005).
---------------------------------------------------------------------------
    After the 1994 MLB players strike, rumors and allegations 
of steroid use in the league began to surface. During this 
timeframe, several longstanding records were broken.\4\ Along 
with these broken records came allegations and rumors of 
steroid use among MLB's star players.\5\ Despite the 
circulating rumors of illegal drug use, as well as reports in 
numerous national news publications, including the Los Angeles 
Times,\6\ the Denver Post,\7\ the New York Times,\8\ and Sports 
Illustrated,\9\ MLB and the Major League Baseball Players 
Association (``Players Association'') did not adopt a 
collective bargaining agreement that banned the use of steroids 
until 2002. The result was almost a decade's worth of 
unanswered questions shadowing the validity of the new MLB 
records and the integrity of the game itself.
---------------------------------------------------------------------------
    \4\ New York Yankee Roger Maris set the single season home run 
record with 61 home runs in 1961. This record was broken in 1998 and 
has been surpassed six times since. In 1998, St. Louis Cardinal Mark 
McGwire hit 70 home runs. In 2001, San Francisco Giant Barry Bonds hit 
73 home runs. In addition, Sammy Sosa, then of the Chicago Cubs, hit 66 
home runs in 1998, 63 home runs in 1999, and 64 home runs in 2001; 
McGwire hit 65 home runs in 1999. New York Yankee Babe Ruth set the 
single season slugging average of .847 in 1920. This record stood until 
2001, when Bonds set the new record at .863, available at www.baseball-
almanac.com (last visited Nov. 9, 2005).
    \5\ See generally Donna Liquori, At a Shrine to Baseball, Steroid 
Inquiry Inspires Shame, N.Y. Times, Dec. 5, 2004, at 46 (discussing 
rumors of steroid use by Barry Bonds and Jason Giambi); Peter Roby, 
Baseball's Bulging Crisis, Boston Globe, Dec. 8, 2004, at A19 
(discussing rumors of steroid use by Barry Bonds, Jason Giambi, Mark 
McGwire, and Sammy Sosa); Christian Red, Van Slyke: I'm Certain that 
Bonds Used 'Roids, Daily News (N.Y.), May 5, 2004, at 63 (discussing 
rumors of steroid use by Barry Bonds, Jason Giambi, and Gary 
Sheffield).
    \6\ Bob Nightengale, Steroids Become an Issue; Baseball: Many Fear 
Performance-Enhancing Drugs is Becoming Prevalent and Believe Something 
Must Be Done, Los Angeles Times, July 15, 2995, at C1.
    \7\ Jerry Crasnick, Get a Load of This! All Over the Major Leagues, 
Baseball Players are Taking a Powder--Creatine, Which is Becoming as 
Much a Part of Strength Training as Barbells and Free Weights, Denver 
Post, July 28, 1997, at D-01.
    \8\ James C. McKinley, Jr., Guessing the Score: Open Secret: 
Steroid Suspicions Abound In Major League Dugouts, N.Y. Times, Oct. 11, 
2000, at A1.
    \9\ See Rick Reilly, The 'Roid to Ruin, Sports Illustrated, Aug. 
21, 2000, at 92; Tom Verducci, et al., Totally Juiced; With the Use of 
Steroids and Other Performance Enhancers Rampant, According to a Former 
MVP and Other Sources, Baseball Players and Their Reliance on Drugs 
Have Grown to Alarming Proportions, Sports Illustrated, June 3, 2002.
---------------------------------------------------------------------------
    In February 2005, former MLB All-Star and MVP Jose Canseco 
released his book, Juiced: Wild Times, Rampant 'Roids, Smash 
Hits, and How Baseball Got Big.\10\ In his book, Mr. Canseco 
identified well-known MLB players as steroid users, and alleged 
that there was extensive use of steroids in baseball during his 
17-year career.\11\ Mr. Canseco identified Rafael Palmeiro as 
one of the players who took steroids with him while playing for 
the Texas Rangers.\12\
---------------------------------------------------------------------------
    \10\ Jose Canseco, Juiced: Wild Times, Rampant 'Roids, Smash Hits, 
and How Baseball Got Big.'' (2005).
    \11\ Id.
    \12\ Id. at 133, 135-36.
---------------------------------------------------------------------------
    After Commissioner Allan H. (``Bud'') Selig made public 
statements that MLB would not launch an investigation into the 
allegations raised by Mr. Canseco, Ranking Member Henry A. 
Waxman wrote to Chairman Tom Davis asking for a Committee 
hearing ``to find out what really happened and to get to the 
bottom of this growing scandal.'' \13\ In highlighting the need 
for a hearing, Representative Waxman reasserted President 
Bush's remarks from his 2004 State of the Union Address that 
``the use of performance-enhancing drugs like steroids in 
baseball, football and other sports is dangerous, and it sends 
the wrong message--that there are shortcuts to accomplishment, 
and that performance is more important than character.'' \14\
---------------------------------------------------------------------------
    \13\ Letter from Henry A. Waxman, ranking member, House Committee 
on Government Reform, to Tom Davis, chairman, House Committee on 
Government Reform (Feb. 24, 2005).
    \14\ Id.
---------------------------------------------------------------------------
    Chairman Davis shared Representative Waxman's concerns 
regarding the use of steroids in professional sports and the 
message it sends to America's youth. In a day and age when 
parents must worry about teaching their children the dangers of 
recreational drug use, Chairman Davis recognized parents are 
now confronted with the additional responsibility of teaching 
their children the dangers of anabolic steroids and 
performance-enhancing drugs. Such education is necessary not 
only for teenage athletes, but also for young children playing 
in little league sports. In light of their shared concern, 
Chairman Davis and Representative Waxman agreed to hold a 
hearing, entitled ``Restoring Faith in America's Pastime: 
Evaluating Major League Baseball's Efforts to Eradicate Steroid 
Use,'' on March 17, 2005.
    As news of the Committee's hearing reached the professional 
baseball community, MLB players shared their thoughts and 
reactions with the press. On February 26, 2005, an article 
entitled, ``Palmeiro, Saunders Would Testify'' ran in the Sun 
Sentinel, stating, ``Orioles Rafael Palmeiro and Tony Saunders 
said they would have no problem talking to Congress.'' \15\
---------------------------------------------------------------------------
    \15\ Craig Barnes, Palmeiro, Saunders Would Testify, Sun-Sentinel 
(Ft. Lauderdale), Feb. 26, 2005, at 4C.
---------------------------------------------------------------------------
    Following the publication of the Sun Sentinel article, 
Chairman Davis and Representative Waxman sent Mr. Palmeiro an 
invitation letter for the March 17 hearing on March 4, 
2005.\16\ The letter stated that Mr. Palmeiro could use his 
written or oral testimony to clear his name under oath.\17\ On 
March 5, 2005, an article entitled, ``Palmeiro Won't Testify in 
House,'' ran in the Washington Post.\18\ When asked about the 
March 17 hearing, Mr. Palmeiro stated the following: ``That's 
my wife's birthday. That should tell you right there what the 
answer is. . . . Honestly, I don't really have anything to say 
on the subject. I don't want anything to do with that stuff. 
All I'm interested in right now is just getting ready to play 
baseball and stay here with my team. I'm flattered that they've 
invited me, but I'll respectfully decline the invitation.'' 
\19\
---------------------------------------------------------------------------
    \16\ Letter from Tom Davis, chairman and Henry A. Waxman, ranking 
member, House Committee on Government Reform, to Rafael Palmeiro, 
Baltimore Orioles (Mar. 4, 2005).
    \17\ Id.
    \18\ Jorge Arangure, Jr., Palmeiro Won't Testify in House, 
Washington Post, Mar. 5, 2005, at D09.
    \19\ Id.
---------------------------------------------------------------------------
    Following Mr. Palmeiro's public statements, the Committee 
received no direct communication from Mr. Palmeiro or his 
representatives declining the invitation. On March 9, 2005, 
Chairman Davis and Representative Waxman received a letter via 
facsimile from the owner of the Baltimore Orioles, Peter G. 
Angelos.\20\ The letter referred to an attached February 7, 
2005, press release from the Orioles in response to Jose 
Canseco's book, Juiced.\21\ The press release quoted Mr. 
Palmeiro as saying ``I categorically deny any assertion made by 
Jose Canseco that I used steroids. At no point in my career 
have I ever used steroids, let alone any substance banned by 
Major League Baseball. As I have never had a personal 
relationship with Canseco, any suggestion that he taught me 
anything, about steroid use or otherwise, is ludicrous . . . 
.'' \22\ Mr. Angelos' letter did not decline Mr. Palmeiro's 
invitation, but argued that Mr. Palmeiro's testimony at the 
March 17 hearing would serve no legitimate public purpose.\23\
---------------------------------------------------------------------------
    \20\ Letter from Peter G. Angelos, owner, Baltimore Orioles, to 
Chairman Tom Davis and Ranking Member Henry A. Waxman, House Committee 
on Government Reform (Mar. 9, 2005) [hereinafter Angelos letter].
    \21\ Press release, Baltimore Orioles, Orioles Statements on 
Canseco Book (Feb. 7, 2005) (on file with the Baltimore Orioles).
    \22\ Id.
    \23\ Angelos letter, supra note 20.
---------------------------------------------------------------------------
    On March 10, 2005, the Committee issued and served, by 
agreement, on Mr. Palmeiro's attorney, a subpoena for Mr. 
Palmeiro to appear at the Committee's March 17 hearing. Mr. 
Palmeiro testified at the hearing, along with Curt Schilling of 
the Boston Red Sox and Sammy Sosa of the Baltimore Orioles, as 
well as former MLB players Mark McGwire and Jose Canseco.\24\ 
Frank Thomas of the Chicago White Sox testified via television 
satellite.\25\ All players testified pursuant to a subpoena at 
the hearing. In his opening statement, Mr. Palmeiro directly 
addressed Mr. Canseco's allegations:
---------------------------------------------------------------------------
    \24\ Restoring Faith in America's Pastime: Evaluating Major League 
Baseball's Efforts to Eradicate Steroid Use,'' hearing before the House 
Committee on Government Reform, 109th Cong. (2005) [hereinafter Mar. 
17, 2005 hearing].
    \25\ Id.

        Let me start by telling you this: I have never used 
        steroids, period. I do not know how to say it any more 
        clearly than that. Never. The reference to me in Mr. 
        Canseco's book is absolutely false. I am against the 
        use of steroids. I don't think athletes should use 
        steroids, and I don't think our kids should use 
        them.\26\
---------------------------------------------------------------------------
    \26\ Mar. 17, 2005 hearing, supra note 24, at 227 (statement of 
Rafael Palmeiro).

    Throughout his testimony, Mr. Palmeiro reiterated his 
feelings regarding steroids and MLB's steroid testing policy. 
Mr. Palmeiro testified that he believed players should be 
suspended for steroid use,\27\ and that he would play under the 
rules of the Olympics, which call for a 2-year suspension for 
the first positive steroid test and a lifetime ban for a second 
positive steroid test.\28\ Mr. Palmeiro also stated that if MLB 
did not come forward with a more stringent policy, he would be 
happy to come back to Congress and address the problem 
again.\29\ Mr. Palmeiro testified that he agreed that using 
steroids is cheating \30\ and he testified that ``as long as 
there's [sic] positive tests, it's wrong and we need to clean 
it up.'' \31\
---------------------------------------------------------------------------
    \27\ Id. at 238.
    \28\ Id. at 240.
    \29\ Id. at 256.
    \30\ Id. at 247.
    \31\ Id. at 259.
---------------------------------------------------------------------------
    During the hearing, Chairman Davis also announced the 
formation of ``Zero Tolerance,'' an advisory committee designed 
to work on ending the use of performance-enhancing drugs in 
sports.\32\ Curt Schilling and Frank Thomas were designated as 
Co-Chairs for Zero Tolerance.\33\ In his statement to the 
Committee, Mr. Palmeiro testified:
---------------------------------------------------------------------------
    \32\ Mar. 17, 2005 hearing, supra note 24, at 206-07 (statement of 
Chairman Tom Davis).
    \33\ Id.

        To the degree an individual player can be helpful, 
        perhaps as an advocate to young people about the 
        dangers of steroids, I hope you will call on us. I, for 
        one, am ready to heed the call. Mr. Chairman, I think 
        the task force is a great idea to send the right 
        message to kids about steroids. If it is appropriate, I 
        would like to serve with Mr. Schilling and Mr. 
        Thomas.\34\
---------------------------------------------------------------------------
    \34\ Mar. 17, 2005 hearing, supra note 24, at 227 (statement of 
Rafael Palmeiro).

Subsequently, Chairman Davis offered Mr. Palmeiro a position on 
Zero Tolerance, and Mr. Palmeiro accepted.
    The day after the hearing, Mr. Palmeiro spoke with the 
press regarding his testimony. Mr. Palmeiro's comments were 
reported in the Washington Post and the Baltimore Sun on March 
19, 2005.\35\ Mr. Palmeiro stated, ``They brought me in 
basically to give me a chance to clear my name and speak my 
heart. I'm very happy that I went . . . . I think it's our 
obligation to take a stand against steroids and make a positive 
out of this whole thing.'' \36\
---------------------------------------------------------------------------
    \35\ Jorge Arangure, Jr., Palmeiro Makes His Point; Steroid 
Testimony ``Was Speaking From the Heart,'' Washington Post, Mar. 19, 
2005, at D07. Roch Kubatko, Palmeiro Returns, Moved by his Day with 
Congress; ``I Think Some Good Will Come Out of This,'' He Says, 
Baltimore Sun, Mar. 19, 2005, at 1C.
    \36\ Jorge Arangure, Jr., Palmeiro Makes His Point; Steroid 
Testimony ``Was Speaking From the Heart,'' Washington Post, Mar. 19, 
2005, at D07.
---------------------------------------------------------------------------
    On August 1, 2005, MLB announced that Mr. Palmeiro had 
violated MLB's Joint Drug Prevention and Treatment Program and 
would be suspended for 10 days. On the same day, Mr. Palmeiro 
conducted a media conference call, during which he read a 
statement that included, ``I am here to make it very clear that 
I have never intentionally used steroids. Never. Ever. 
Period.'' \37\ It was later confirmed to the Committee by MLB 
and the Players Association that Mr. Palmeiro tested positive 
for the steroid stanozolol.\38\
---------------------------------------------------------------------------
    \37\ Press release, Baltimore Orioles, Statement from Rafael 
Palmeiro (Aug. 1, 2005) available at http://baltimore.orioles.mlb.com 
(last visited Nov. 9, 2005).
    \38\ MLB confirmed this information during a meeting with committee 
staff on Aug. 12, 2005. The Players Association confirmed this 
information during an Aug. 15, 2005 meeting with committee staff.
---------------------------------------------------------------------------
    After learning of Mr. Palmeiro's positive test results, the 
Committee opened an investigation to determine whether or not 
to refer this matter to the Department of Justice for further 
investigation and possible prosecution for perjury.\39\ This 
report sets forth the results of this investigation.
---------------------------------------------------------------------------
    \39\ ``Whoever having taken an oath before a competent tribunal, 
officer, or person, in any case in which a law of the United States 
authorizes an oath to be administered, that he will testify, declare, 
depose, or certify truly, or that any written testimony, declaration, 
deposition, or certificate by him subscribed, is true, willfully and 
contrary to such oath states or subscribes any material matter which he 
does not believe to be true is guilty of perjury and shall, except as 
otherwise expressly provided by law, be fined under this title or 
imprisoned not more than five years, or both. This section is 
applicable whether the statement or subscription is made within or 
without the United States.'' 18 U.S.C. Sec. 1621 (1) (2004).
---------------------------------------------------------------------------

              III. The Evidence Examined by the Committee

    On August 2, 2005, Mr. Palmeiro spoke to Chairman Davis and 
agreed to cooperate fully with the Committee's perjury 
investigation, including providing access to documentation from 
MLB regarding Mr. Palmeiro's positive drug test and the 
subsequent arbitration proceedings. In addition to reviewing 
documents, the Committee also conducted interviews and obtained 
information from relevant individuals, including current and 
former teammates of Mr. Palmeiro, medical personnel from the 
Baltimore Orioles and the Texas Rangers, and other experts. All 
interviews were given voluntarily.
    In the course of the Committee's investigation, the 
evidence the Committee obtained included the following:
           Arbitration proceedings regarding Mr. 
        Palmeiro's case conducted by Major League Baseball on 
        June 16, 2005 and July 14, 2005;
           Documents from a polygraph test taken by Mr. 
        Palmeiro on June 13, 2005;
           Mr. Palmeiro's Major League Baseball drug 
        test results from 2003 and 2005;
           An interview of Mr. Palmeiro by Committee 
        staff on August 25, 2005;
           An interview of Mr. Palmeiro's wife, Lynn 
        Palmeiro, by Committee staff on August 25, 2005;
           Interviews with other players and officials 
        of the Baltimore Orioles;
           Interviews with players and officials of the 
        Texas Rangers during Mr. Palmeiro's time with the Texas 
        Rangers; and
           Correspondence with Jose Canseco.

A. MLB Arbitration Proceedings

    On August 3, 2005, Chairman Davis and Representative Waxman 
sent a letter to MLB Commissioner Bud Selig requesting 
documents that would allow the Committee to ``learn more about 
the circumstances that led Major League Baseball to suspend 
Rafael Palmeiro for use of a banned substance.'' \40\ On August 
12, 2005, MLB delivered the following documents to the 
Committee:
---------------------------------------------------------------------------
    \40\ Letter from Chairman Tom Davis and Ranking Member Henry A. 
Waxman, House Committee on Government Reform, to Allan H. Selig, 
commissioner, MLB (Aug. 3, 2005).
---------------------------------------------------------------------------
        1.   The Certificate of Analysis that accompanied Mr. 
        Palmeiro's urine sample from the time the sample was 
        given to the testing facility; \41\
---------------------------------------------------------------------------
    \41\ On Aug. 22, 2005, committee staff conducted a detailed 
discussion with Christiane Ayotte, Ph.D. regarding the testing 
performed on Mr. Palmeiro's May 4, 2005 urine sample. Telephone 
interview by House Committee on Government Reform staff with Dr. 
Ayotte, Ph.D., Aegis Laboratories, in Washington, DC (May 4, 2005). Dr. 
Ayotte confirmed that Mr. Palmeiro's urine sample was divided into 
sample A and sample B. (Id.) Aegis Laboratories ran a screening and a 
confirmatory steroid test on sample A, both of which came back positive 
for stanozolol and two of its metabolites. (Id.) At Mr. Palmeiro's 
request, Aegis ran another confirmatory steroid test on sample B, which 
also came back positive for stanozolol. (Id.)
---------------------------------------------------------------------------
        2.   A May 2005 timeline of events regarding Mr. 
        Palmeiro's positive test results;
        3.   The transcript from the June 16, 2005 and July 14, 
        2005 arbitration between the Players Association and 
        the Office of the Commissioner of Baseball and exhibits 
        presented during the arbitration process; and
        4.   Six correspondences and press releases in 
        possession of MLB related to Mr. Palmeiro's positive 
        test result.
    The arbitration record revealed that, on May 4, 2005, Mr. 
Palmeiro was selected for a random, unannounced test under 
MLB's testing program.\42\ On approximately May 19, 2005, Mr. 
Palmeiro was notified by the Players Association that he had 
tested positive for the steroid stanozolol.\43\ MLB's program 
provides procedures for players to challenge a positive test 
result.\44\ On May 25, 2005, Michael Weiner, general counsel 
for the Players Association, notified the Health Policy 
Advisory Committee [HPAC] of Mr. Palmeiro's intent to challenge 
his positive test result.\45\ On June 9, 2005, HPAC held a 
conference call with Mr. Palmeiro.\46\ Because at least one 
HPAC member concluded that Mr. Palmeiro had a ``reasonable 
basis to challenge'' his positive test result,\47\ Mr. Palmeiro 
was permitted to present his challenge in front of an 
arbitration panel.\48\
---------------------------------------------------------------------------
    \42\ Arbitration transcript at 52, Major League Baseball Players 
Association v. Office of the Commissioner of Baseball, Major League 
Baseball Arbitration Panel Decision No. 110, Grievance No. 2005-12 (R. 
Palmeiro) (June 16, 2005) (Das, Arbitration) [hereinafter Palmeiro 
arbitration transcript].
    \43\ May 2005 Positive Test Result for Steroid, Rafael Palmeiro 
timeline from MLB to House Committee on Government Reform (Aug. 12, 
2005) [hereinafter MLB timeline].
    \44\ See MLB, Joint Drug Prevention and Treatment Program (2005) 
(also referred to as Attachment 18 of the 2003-2006 Basic Agreement) 
Sec. 9 (C) [hereinafter MLB testing program].
    \45\ MLB timeline supra note 43. The HPAC consisted of four 
members: Robert Manfred, MLB's executive vice president for labor and 
human resources, Gene Orza, the chief operating officer and associate 
general counsel of the Player's Association, and two physicians, one 
appointed by MLB and one appointed by the Player's Association.
    \46\ MLB timeline, supra note 43.
    \47\ Id.
    \48\ Id.
---------------------------------------------------------------------------
    While Mr. Palmeiro followed the necessary steps to present 
his challenge to the arbitration panel, MLB Commissioner Selig 
continued to follow through with Mr. Palmeiro's discipline. On 
June 10, 2005, Mr. Selig sent Mr. Palmeiro a written notice of 
his 10-day suspension which was set to begin on June 14.\49\ 
MLB's program calls for suspensions to begin 2 business days 
after the discipline is issued.\50\ On June 13, 2005, Mr. 
Palmeiro filed a formal grievance to challenge his discipline, 
permissible under MLB's program.\51\ Consequently, the 
discipline was stayed until the arbitration panel reached its 
findings.\52\
---------------------------------------------------------------------------
    \49\ Id.
    \50\ MLB testing program, supra note 44.
    \51\ MLB timeline, supra note 43. MLB testing program, supra note 
44.
    \52\ MLB timeline, supra note 43.
---------------------------------------------------------------------------
    On June 16, 2005, the arbitration panel started its 
proceedings to review Mr. Palmeiro's grievance.\53\ Francis Q. 
Coonelly, general labor counsel for MLB's Labor Relations 
Department, argued for MLB, and Mr. Weiner, general counsel for 
the Players Association, represented the Players Association 
and Mr. Palmeiro. Mr. Palmeiro testified on his own behalf at 
the hearing under oath. As part of his arbitration, Mr. 
Palmeiro testified that he had never taken steroids and that he 
had never used any illegal drugs.\54\
---------------------------------------------------------------------------
    \53\ The arbitration panel consisted of three members: John McHale, 
representing MLB, Steven A. Fehr, representing the Players Association, 
and independent member Shyam Das.
    \54\ Palmeiro arbitration transcript, supra note 42.
---------------------------------------------------------------------------
    According to the arbitration record, after learning of his 
positive test result, Mr. Palmeiro turned over to the Players 
Association the supplements he consumed prior to his urine 
test.\55\ Mr. Palmeiro stated he took EAS Active Repair 
Betagen, a form of Creatine purchased at General Nutrition 
Centers [GNC]; an EAS shake; Myoplex Carb Sense EAS shake; High 
Potency Ultra Vita Man; and Gatorade Performance Series 
Nutritional Shakes and Gatorade Performance Series Energy 
Drink.\56\ Mr. Palmeiro stated that both Gatorade products were 
provided by the Orioles.\57\ Mr. Palmeiro also testified that 
he could not recall taking prescription medication, although it 
was possible he had received an allergy shot.\58\ In addition, 
Mr. Palmeiro stated that he had taken over-the-counter pain and 
allergy medication \59\ and multivitamins purchased at GNC,\60\ 
a national retail health store. The Players Association 
testified that Aegis Labs tested all the supplements Mr. 
Palmeiro consumed.\61\ The laboratory found that none of these 
substances contained steroids or precursors.\62\ On May 27, 
2005, Mr. Palmeiro gave a second urine sample to be tested by 
Aegis Labs. This urine sample tested negative for all 
substances banned by MLB.\63\
---------------------------------------------------------------------------
    \55\ Id. at 62-63.
    \56\ Id. at 54-55, 63-64. Mr. Palmeiro's Aug. 25, 2005 interview 
with committee staff was consistent with his testimony before the 
arbitration panel as to the nutritional supplements he took during the 
2005 season. (Interview by House Committee on Government Reform with 
Rafael Palmeiro, baseball player for the Baltimore Orioles in 
Washington, DC (Aug. 25, 2005)). In addition, Mr. Palmeiro stated he 
had protein powder in his locker that was not tested by the Players 
Association. (Id. at 25). Mr. Palmeiro stated he had not consumed any 
of the powder in the 4 months prior to the interview. (Id. at 26) The 
only other ``supplements'' Mr. Palmeiro stated he consumed that were 
not tested were energy drinks provided to Mr. Palmeiro by his personal 
trainer during the off-season. (Id. at 30-33).
    \57\ Palmeiro arbitration transcript, supra note 42, at 93-96.
    \58\ Id. at 53-54.
    \59\ Id. at 54.
    \60\ Id. at 55.
    \61\ Id. at 63-64, 93-96.
    \62\ Id. at 64.
    \63\ Id. at 64-65.
---------------------------------------------------------------------------
    Mr. Palmeiro also testified that in mid-April 2005, his 
Baltimore Orioles teammate, Miguel Tejada, gave him a vial 
containing what Mr. Palmeiro believed was liquid vitamin B-12 
\64\ and one syringe.\65\ According to Mr. Palmeiro's account:
---------------------------------------------------------------------------
    \64\ Id. at 55-56, 71.
    \65\ Id. at 76-77.
---------------------------------------------------------------------------
           This was the first time in his career that 
        another player offered him B-12 or any injectable 
        drug.\66\
---------------------------------------------------------------------------
    \66\ Id. at 72.
---------------------------------------------------------------------------
           The vial's label was in Spanish.\67\
---------------------------------------------------------------------------
    \67\ Id. at 79-80.
---------------------------------------------------------------------------
           He decided not to ask the Orioles medical 
        staff to administer the shot.\68\
---------------------------------------------------------------------------
    \68\ Id. at 87-88.
---------------------------------------------------------------------------
           He brought the vial to his home and asked 
        his wife, Lynn Palmeiro, to give him the injection.\69\
---------------------------------------------------------------------------
    \69\ Id. at 58.
---------------------------------------------------------------------------
           Mrs. Palmeiro had no medical training and 
        had never administered a shot to another person, but 
        she frequently injected their two dogs with 
        medication.\70\
---------------------------------------------------------------------------
    \70\ Id. at 75.
---------------------------------------------------------------------------
           When Mrs. Palmeiro administered the B-12 
        shot, it was the first time someone other than a 
        trained medical professional had given him a shot.\71\
---------------------------------------------------------------------------
    \71\ Id. at 74-75.
---------------------------------------------------------------------------
           A few days after the shot, Mrs. Palmeiro 
        discarded the vial with a small amount of B-12 
        remaining in it.\72\
---------------------------------------------------------------------------
    \72\ Id. at 60-61.
---------------------------------------------------------------------------
    Mr. Weiner stated that after the Players Association was 
informed that Mr. Palmeiro had used the substance given to him 
by Mr. Tejada, the Players Association requested and received a 
vial labeled Tiaminal B-12, 50,000 from Mr. Tejada.\73\ Mr. 
Palmeiro did not personally inspect the vial the Players 
Association received from Mr. Tejada, but examined pictures of 
the vial. Mr. Palmeiro testified that the vial in the picture 
looked similar to the vial he received from Mr. Tejada.\74\ Mr. 
Weiner further explained that Aegis Labs tested the vial of 
Tiaminal B-12, 50,000 and found the vial contained no steroids 
or precursors.\75\
---------------------------------------------------------------------------
    \73\ Id. at 59.
    \74\ Id. at 60.
    \75\ Id. at 62.
---------------------------------------------------------------------------
    During the arbitration, Mr. Palmeiro was questioned 
extensively regarding the B-12 he received from Mr. Tejada and 
whether the B-12 could have led to Mr. Palmeiro's positive 
steroid test. When asked whether Mr. Tejada would have any 
reason to give Mr. Palmeiro a substance containing steroids, 
Mr. Palmeiro answered, ``I wouldn't think so. I mean that's why 
I got it from him. I didn't suspect that he would be on 
anything. I mean he's Miguel Tejada, he's a teammate. He's like 
a brother to me.'' \76\
---------------------------------------------------------------------------
    \76\ Id. at 82.
---------------------------------------------------------------------------
    As part of his testimony, Mr. Palmeiro explained that he 
thought Mr. Tejada may have offered the B-12 because Mr. Tejada 
saw that Mr. Palmeiro went through a stressful spring training 
and that Mr. Tejada may have seen that Mr. Palmeiro was ``tired 
and rundown.'' \77\ Dr. Gary Green, a medical expert and an 
adviser to MLB on steroid issues, testified during the 
arbitration proceedings that there was no medical reason for 
Mr. Palmeiro to take vitamin B-12 by injection.\78\ Dr. Green 
stated that the only individuals who would need a B-12 shot are 
individuals who suffer from a rare condition known as 
pernicious anemia and are not able to absorb B-12 through food 
or tablets taken orally.\79\ He stated it is not legal in the 
United States to take an injectible B-12 without a 
prescription, because liquid B-12 is a prescription 
medication.\80\ He also stated that ``[t]here has [sic] been no 
studies to demonstrate that . . . in someone who is not B-12 
deficient that B-12 would have any effect on energy at all.'' 
\81\
---------------------------------------------------------------------------
    \77\ Id. at 57.
    \78\ Id. at 144-45.
    \79\ Id.
    \80\ Id. at 145.
    \81\ Id. at 144.
---------------------------------------------------------------------------
    Mr. Coonelly and Mr. Weiner each questioned Mr. Palmeiro as 
to how the stanozolol could have entered his body. Mr. Palmeiro 
testified that he had ``no idea'' and ``no explanation'' for 
how stanozolol entered his urine.\82\ Further, Mr. Palmeiro 
stated, ``I have never ever in my life used any type of 
steroids, any drugs, anything that's illegal,'' \83\ ``I have 
never used an illegal steroid,'' \84\ ``I have never used an 
illegal drug in my life,'' \85\ and ``[y]ou know, like I said 
before, under oath twice now, I have never taken steroids in my 
life. I have no idea how this got into my system.'' \86\ When 
asked whether Mr. Palmeiro believed his positive test was a 
result of taking the B-12 provided by Mr. Tejada, Mr. Palmeiro 
responded, ``I don't know that, no.'' \87\
---------------------------------------------------------------------------
    \82\ Id. at 66.
    \83\ Id.
    \84\ Id. at 68.
    \85\ Id. at 69.
    \86\ Id. at 83.
    \87\ Id. at 82-83.
---------------------------------------------------------------------------
    For purposes of the arbitration, MLB and the Players 
Association stipulated that the MLB policy:

        was not intended to provide for discipline of a Player 
        when the presence of a Steroid in the Player's urine 
        was not due to his fault or negligence. To prevail 
        under this exception to the general rule, the Player 
        has the burden to establish that his ``positive'' test 
        result was not due to his fault or negligence.\88\
---------------------------------------------------------------------------
    \88\ Major League Baseball Players Association v. Office of the 
Commissioner of Baseball, Major League Baseball Arbitration Panel 
Decision No. 110, Grievance No. 2005-12 (R. Palmeiro) at 4 (Aug. 4, 
2005) (Das, Arbitration) [hereinafter Palmeiro arbitration decision].

In addition, ``[a] Player cannot satisfy his burden under such 
a defense by merely denying that he intentionally used a 
Steroid . . . . [T]he Player would need to provide objective 
evidence in support of his denial.'' \89\
---------------------------------------------------------------------------
    \89\ Id.
---------------------------------------------------------------------------
    On July 14, 2005, closing arguments were given, for which 
Mr. Palmeiro was not present. Mr. Coonelly argued that the 
arbitration panel could not conclude, based on the record 
presented, that Mr. Palmeiro's positive test result was not due 
to fault or negligence on Mr. Palmeiro's part.\90\ According to 
Mr. Coonelly, Mr. Palmeiro offered no evidence to support his 
assertion that his positive test result was not due to his own 
fault or negligence.\91\
---------------------------------------------------------------------------
    \90\ Palmeiro arbitration transcript, supra note 42, at 196.
    \91\ Id.
---------------------------------------------------------------------------
    Mr. Coonelly argued that Mr. Palmeiro was clearly negligent 
in the manner in which he had obtained the substance from Mr. 
Tejada, calling Mr. Palmeiro's story ``far-fetched and odd.'' 
\92\ Mr. Coonelly also stated there was no indication that the 
substance in the B-12 vial in question had been contaminated 
with stanozolol, no indication generally that vials labeled as 
B-12 have ever been unintentionally contaminated with 
stanozolol, and no reason to believe that the shot of the 
substance in the B-12 vial was the cause of the positive 
test.\93\
---------------------------------------------------------------------------
    \92\ Id. at 199.
    \93\ Id. at 201-03.
---------------------------------------------------------------------------
    In addition, Mr. Coonelly raised the question of whether 
Mr. Palmeiro may have committed perjury at the March 17 
hearing, arguing that he may have been ``arrogant [or] 
desperate to deny the fact of his steroid use.'' \94\ Mr. 
Coonelly argued that a polygraph administered to Mr. Palmeiro 
failed to contain explicit denials of steroid use.\95\ Finally, 
he argued that two other pieces of evidence--the allegation of 
steroid use contained in Jose Canseco's book and the fact that 
Mr. Palmeiro's home run production increased soon after he met 
Mr. Canseco--reduced Mr. Palmeiro's credibility and led to the 
conclusion that Mr. Palmeiro failed to meet the burden of 
proving that he did not receive the stanozolol through this own 
fault or negligence. \96\
---------------------------------------------------------------------------
    \94\ Id. at 208.
    \95\ Id. at 212-17.
    \96\ Id. at 218-19.
---------------------------------------------------------------------------
    Mr. Weiner argued that Mr. Palmeiro had ``nothing to gain 
and everything to lose by using steroids in 2005.'' \97\ 
According to Mr. Weiner, Mr. Palmeiro had no financial 
incentive, as it was the last year of his career; \98\ Mr. 
Palmeiro had no on-field incentive, as Mr. Palmeiro's goal was 
to achieve approximately 70 hits to get to the 3,000 hits 
milestone; \99\ and Mr. Palmeiro had no medical incentive, as 
he was not recovering from an injury.\100\
---------------------------------------------------------------------------
    \97\ Id. at 221.
    \98\ Id.
    \99\ Id.
    \100\ Id. at 222.
---------------------------------------------------------------------------
    Throughout the arbitration process, Mr. Palmeiro was 
represented by Mr. Weiner and the Players Association, not 
private counsel. The Players Association did not argue the 
substance in the B-12 vial taken by Mr. Palmeiro resulted in 
his positive test result.\101\ In fact, Mr. Weiner argued just 
the opposite, stating in closing arguments, ``The Players 
Association does not contend that the B-12 shot that Mr. 
Palmeiro took caused his positive test result. We have no 
evidence to suggest that. As a matter of fact, all of the 
evidence that exists runs in the other direction.'' \102\
---------------------------------------------------------------------------
    \101\ Id. at 233.
    \102\ Id.
---------------------------------------------------------------------------
    On August 1, 2005, the arbitration panel denied Mr. 
Palmeiro's grievance \103\ and Commissioner Selig announced Mr. 
Palmeiro's 10-day suspension.\104\ On August 4, 2005, the 
arbitration panel released its formal opinion denying Mr. 
Palmeiro's grievance, stating:
---------------------------------------------------------------------------
    \103\ The final decision of the arbitration panel was 2-1, with Mr. 
Fehr dissenting.
    \104\ MLB timeline, supra note 43.

        The result reached by the Panel is based on the 
        uncontested positive test result and our determination 
        that the evidence in this record is not sufficient for 
        the Player to meet his burden of proof . . . . The 
        panel considers it important to point out that our 
        decision does not equate to a finding or belief that 
        Rafael Palmeiro--whose testimony in many respects was 
        quite compelling--was untruthful in his testimony 
        before this Panel or any other body.\105\
---------------------------------------------------------------------------
    \105\ Palmeiro Arbitration Decision, supra note 88, at 17.
---------------------------------------------------------------------------

B. Polygraph Documents

    Attached to the arbitration documents was a Polygraph 
Examination Summary by W. Ronald Lilly of Lilly Polygraph 
Services, dated June 14, 2005.\106\ Mr. Lilly administered a 
polygraph examination to Mr. Palmeiro on June 13, 2005. The 
arbitration documents included the following two questions:
---------------------------------------------------------------------------
    \106\ Polygraph examination summary by W. Ronald Lilly of Lilly 
Polygraph Services, from MLB to House Committee on Government Reform 
(Aug. 12, 2005).

        Q:  When you received that B-12, did you know that it 
---------------------------------------------------------------------------
        contained a steroid?

        A:  No.

        Q:  When you received that B-12 this past April, did 
        you know that it contained a steroid?

        A:  No.\107\
---------------------------------------------------------------------------
    \107\ Id.

The examination summary stated, ``It is the opinion of this 
examiner that Mr. Palmeiro passed his examination, as he did 
not record responses that were indicative of deception.'' \108\
---------------------------------------------------------------------------
    \108\ Id.
---------------------------------------------------------------------------
    On August 23, 2005, Mr. Palmeiro's attorneys sent to the 
Committee, via facsimile, additional documents relating to the 
polygraph examination.\109\ The documents included all 
questions posed to Mr. Palmeiro during the June 13, 2005, 
polygraph examination. In addition to the two questions cited 
in Lilly's Polygraph Examination Summary, Mr. Palmeiro was also 
asked the following:
---------------------------------------------------------------------------
    \109\ On Aug. 29, 2005, attorneys for Mr. Palmeiro delivered the 
charts from the polygraph exam to the committee. Letter from Adam C. 
Sloane, attorney for Rafael Palmeiro, to House Committee on Government 
Reform staff (Aug. 23, 2005).

        Q:  Did you unknowingly receive a B-12 supplement that 
---------------------------------------------------------------------------
        contained a steroid?

        A:  Yes.

        Q:  Do you recall ever secretly doing anything that 
        would have caused shame or dishonor to your family?

        A:  No.

        Q:  In the past year, did you ever seriously think 
        about violating your personal beliefs by doing 
        something unlawful?

        A:  No.

        Q:  Are you the kind of person who would lie in order 
        to protect someone involved in an unlawful activity?

        A:  No.\110\
---------------------------------------------------------------------------
    \110\ Polygraph exam questions by W. Ronald Lilly of Lilly 
Polygraph Services, from attorneys for Rafael Palmeiro to House 
Committee on Government Reform staff (Aug. 23, 2005).

    During his interview with Committee staff, Mr. Palmeiro was 
questioned about the polygraph examination and why the examiner 
did not ask Mr. Palmeiro whether he knowingly took 
steroids.\111\ Mr. Palmeiro responded: ``I'm not sure. I did 
not set it up. I have never done a polygraph test in my life. I 
didn't know what to expect. I was just there to answer the 
questions that they put in front of me.'' \112\
---------------------------------------------------------------------------
    \111\ Transcript at 178-79, interview by House Committee on 
Government Reform staff with Rafael Palmeiro, baseball player for the 
Baltimore Orioles, in Washington, DC (Aug. 25, 2005) [hereinafter 
interview with Rafael Palmeiro].
    \112\ Id.
---------------------------------------------------------------------------

C. Results of Rafael Palmeiro's Drug Tests

    Mr. Palmeiro was tested for steroids under the MLB drug 
testing program in 2003, 2004, and 2005.\113\
---------------------------------------------------------------------------
    \113\ Letter from Rob Manfred, executive vice president, labor and 
human resources, MLB to Chairman Tom Davis and Ranking Member Henry A. 
Waxman, House Committee on Government Reform (Aug. 12, 2005).
---------------------------------------------------------------------------
    In 2005, Mr. Palmeiro's only test was the May 4 test.\114\ 
This sample was positive for stanozolol and stanozolol 
metabolites, and contained no other banned substances.\115\ 
Stanozolol, also commonly referred to as Winstrol, is available 
in both oral and injectable form. An independent expert 
informed Committee staff that the detection window for 
injectable stanozolol is approximately 3 to 4 weeks, and the 
detection window for oral consumption of stanozolol is 
approximately 7 to 10 days.\116\ Mr. Palmeiro's May 4 test 
occurred approximately 6 weeks after his March 17 testimony. 
This makes it likely that the consumption of stanozolol that 
resulted in Mr. Palmeiro's positive test occurred after his 
testimony to the Committee.
---------------------------------------------------------------------------
    \114\ MLB timeline, supra note 43.
    \115\ Certificate of analysis from Laboratorie de control du dopage 
(Quebec) to Dr. Jean Joseph (Certificate No. 05-0532AA) (May 19, 2005) 
(on file with MLB).
    \116\ Letter from Gary I. Wadler, clinical associate professor of 
medicine at New York University School of Medicine, to Tom Davis, 
chairman, House Committee on Government Reform (Oct. 27, 2005).
---------------------------------------------------------------------------
    In 2004, Mr. Palmeiro was also randomly tested under the 
MLB testing program.\117\ The Committee was informed by MLB 
that copies of the 2004 testing results were no longer 
available.\118\ However, MLB also informed the Committee that 
all positive tests were required to be reported to the 
Commissioner's office as positive.\119\ Because the results for 
the 2004 test were not reported to the Commissioner's office as 
a positive, Mr. Palmeiro's test results must have been 
negative.\120\
---------------------------------------------------------------------------
    \117\ Letter from Robert D. Manfred, Jr., executive vice president, 
labor and human resources, MLB, to Tom Davis, chairman and Henry A. 
Waxman, ranking minority member, House Committee on Government Reform 
(Aug. 12, 2005).
    \118\ Id.
    \119\ Id.
    \120\ Id.
---------------------------------------------------------------------------
    MLB also informed the Committee that test results of 
players in 2003 were maintained anonymously and were not 
provided to MLB, the Players Association, or to individual 
players.\121\ This anonymity was because the 2003 testing was 
conducted to provide a sampling of positive results of 
performance-enhancing drugs in professional baseball. However, 
despite being unaware of his 2003 test results, Mr. Palmeiro 
agreed to allow the results to be released to the 
Committee.\122\ The requested 2003 test results were delivered 
to the Committee on September 27, 2005. According to these 
results, Mr. Palmeiro was tested on March 14, 2003, and his 
test result for performance-enhancing drugs was negative.\123\
---------------------------------------------------------------------------
    \121\ Id.
    \122\ Letter from Adam C. Sloane, attorney for Rafael Palmeiro, to 
House Committee on Government Reform staff (Aug. 29, 2005).
    \123\ Report from Quest Diagnostics (Las Vegas, NV) to 
Comprehensive Drug Testing, Inc. (Long Beach, CA) (Mar. 19, 2003).
---------------------------------------------------------------------------

D. Interview with Rafael Palmeiro

    On August 25, 2005, Committee staff conducted an in-person 
interview of Rafael Palmeiro.\124\ Mr. Palmeiro stated that he 
stood by his testimony from the March 17, 2005 hearing, and 
that there was nothing he would like to change or alter with 
regard to his testimony.\125\ Mr. Palmeiro added that he never 
used any legal or illegal performance-enhancing drug, and that 
he had never used Dehydroepiandrosterone, commonly known as 
``DHEA,'' Androstenedione, commonly known as ``Andro,'' or 
Human Growth Hormones, commonly known as ``HGH.'' \126\
---------------------------------------------------------------------------
    \124\ Interview with Rafael Palmeiro, supra note 111.
    \125\ Id. at 5.
    \126\ Id. at 33-34.
---------------------------------------------------------------------------
    Mr. Palmeiro stated that he was informed when he arrived at 
the ballpark \127\ on May 4, 2005, that he was on the list to 
be tested, and that he had until 1 hour after the game was 
completed to provide his urine sample.\128\ Mr. Palmeiro stated 
that he prepared for the game and that he gave his urine sample 
about 30 minutes prior to the game.\129\ Mr. Palmeiro asserted 
that he was not supervised by drug testing officials between 
the time he was told that he had to provide a sample and the 
time he provided the sample.\130\ He also stated that he did 
not discuss his test with any of his teammates or his 
wife.\131\
---------------------------------------------------------------------------
    \127\ Camden Yards, Baltimore, MD.
    \128\ Interview with Rafael Palmeiro, supra note 111, at 34.
    \129\ Id. at 57.
    \130\ Id.
    \131\ Id. at 59-60.
---------------------------------------------------------------------------
    According to Mr. Palmeiro, he learned of his positive test 
result on approximately May 19, 2005, while he was at the 
ballpark before a home game when Eugene Orza, the Players 
Association's chief operating officer, left a message with Mr. 
Palmeiro and a message with the Orioles manager.\132\ Mr. 
Palmeiro stated that when he returned Mr. Orza's telephone 
call, Mr. Orza informed him that he had tested positive for 
stanozolol.\133\ When Mr. Palmeiro returned home after the 
game, he called Michael Weiner, the general counsel of the 
Players Association.\134\ Mr. Palmeiro explained that he told 
Mr. Orza and Mr. Weiner there had to be a mistake with the 
testing, as there was no way he could have tested positive for 
steroids.\135\
---------------------------------------------------------------------------
    \132\ Id. at 64-65.
    \133\ Id.
    \134\ Id. at 66-67.
    \135\ Id. at 65-66, 68.
---------------------------------------------------------------------------
    According to Mr. Palmeiro, on the evening that he was 
notified of his positive test result, Mr. Weiner told him to 
contact Arn Tellem.\136\ Mr. Tellem is the ``head'' of SFX 
Sports, the agency that represents Mr. Palmeiro.\137\ According 
to Mr. Palmeiro, Mr. Tellem is not his direct agent,\138\ and 
he is not responsible for negotiating Mr. Palmeiro's 
contracts.\139\ Mr. Palmeiro explained that at the time he 
received his positive test results, he had never met Mr. 
Tellem.\140\ Mr. Palmeiro stated that although he had not 
authorized the Players Association to inform Mr. Tellem of his 
positive test, Mr. Tellem was already aware of the test result 
when they talked on the telephone.\141\ In addition, Mr. 
Palmeiro stated that he believes that Mr. Weiner told him not 
to tell his agent, Fernando Cuza, of the positive test result, 
as Mr. Cuza might have a conflict of interest.\142\
---------------------------------------------------------------------------
    \136\ Id. at 69-70.
    \137\ Id. at 69.
    \138\ Id. at 69, 73.
    \139\ Id. at 71, 73.
    \140\ Id. at 70.
    \141\ Id. at 70, 74.
    \142\ Id. at 73-74.
---------------------------------------------------------------------------
    According to Mr. Palmeiro, during the initial telephone 
conversation, Mr. Orza asked him if there was a substance he 
may have taken by accident.\143\ Mr. Palmeiro stated that 
although he recalled the B-12 he took earlier in the season, he 
did not mention the B-12 to Mr. Orza during this 
conversation.\144\ Mr. Palmeiro stated that a few days later, 
he informed Mr. Weiner of the B-12.\145\ Mr. Palmeiro noted 
that he initially did not want to disclose the identity of the 
player who gave him the B-12,\146\ but that Mr. Weiner insisted 
that he needed to disclose the source of the B-12. Mr. Palmeiro 
stated that within that week he told Mr. Weiner that Miguel 
Tejada was the source of the B-12.\147\
---------------------------------------------------------------------------
    \143\ Id. at 68-69.
    \144\ Id.
    \145\ Id. at 81-82.
    \146\ Id. at 116.
    \147\ Id. at 116-17.
---------------------------------------------------------------------------
    Mr. Palmeiro stated that after telling Mr. Weiner that Mr. 
Tejada was the source of the B-12, Mr. Palmeiro knew the 
Players Association discussed getting another vial of B-12 from 
Mr. Tejada to have it tested.\148\ According to Mr. Palmeiro, 
Mr. Tejada never mentioned to him that the Players Association 
asked for a vial of B-12.\149\ In fact, according to Mr. 
Palmeiro, after he took the B-12 from Mr. Tejada in April 2005, 
the two never discussed the issue again.\150\
---------------------------------------------------------------------------
    \148\ Id. at 149-50.
    \149\ Id. at 150.
    \150\ Id. at 150-51.
---------------------------------------------------------------------------
    According to Mr. Palmeiro's account:
           He received the B-12 vial in mid-April 
        2005.\151\
---------------------------------------------------------------------------
    \151\ Id. at 83.
---------------------------------------------------------------------------
           He and Mr. Tejada were near their lockers in 
        the clubhouse when Mr. Tejada offered the B-12.\152\ It 
        was the first and only time that Mr. Tejada, or any 
        other player, offered B-12 to Mr. Palmeiro.\153\
---------------------------------------------------------------------------
    \152\ Id. at 86.
    \153\ Id. at 110.
---------------------------------------------------------------------------
           Mr. Tejada said he had taken B-12 because it 
        gives him energy,\154\ and Mr. Palmeiro assumed Mr. 
        Tejada believed Mr. Palmeiro needed a boost after a 
        long, hot spring training.\155\
---------------------------------------------------------------------------
    \154\ Id. at 89.
    \155\ Id. at 84.
---------------------------------------------------------------------------
           Mr. Tejada removed the B-12 and a syringe 
        from his locker during the conversation and Mr. 
        Palmeiro then put both items in his own locker.\156\
---------------------------------------------------------------------------
    \156\ Id. at 86, 88-89.
---------------------------------------------------------------------------
           Mr. Palmeiro did not ask Mr. Tejada where he 
        obtained the B-12 and had no knowledge of whether Mr. 
        Tejada offered B-12 to other players.\157\
---------------------------------------------------------------------------
    \157\ Id. at 89-91.
---------------------------------------------------------------------------
    Mr. Palmeiro stated he was not concerned about receiving 
the B-12 and a syringe from Mr. Tejada because he had 
experience with B-12 shots when he played for the Texas 
Rangers.\158\ According to Mr. Palmeiro, he received B-12 shots 
when he played for the Rangers.\159\ Mr. Palmeiro indicated 
that he received B-12 shots from the Rangers team physician, 
Dr. Mycoskie,\160\ and that he received two to four B-12 shots 
during the regular season and perhaps one or two during spring 
training.\161\ Mr. Palmeiro recalled that he always received 
the shot from the team physician.\162\ According to Mr. 
Palmeiro, the Rangers' doctor offered the B-12 shots, and he 
never felt that taking B-12 was ``anything major.'' \163\
---------------------------------------------------------------------------
    \158\ Id. at 109, 111.
    \159\ Id. at 120.
    \160\ Id.
    \161\ Id. at 121.
    \162\ Id. at 123.
    \163\ Id. at 111.
---------------------------------------------------------------------------
    Mr. Palmeiro explained that when Mr. Tejada offered the B-
12, it ``wasn't a big deal accepting it, even accepting it from 
a teammate,'' \164\ and that--[w]hen he gave me the B-12, I 
believed that it was a B-12. I didn't believe anything other 
than that, and that is really why I took it.'' \165\
---------------------------------------------------------------------------
    \164\ Id.
    \165\ Id. at 153-54.
---------------------------------------------------------------------------
    Mr. Palmeiro described his relationship with Mr. Tejada as 
``close,'' \166\ that the two men are ``pretty good friends,'' 
\167\ and that he feels like Mr. Tejada is like a ``brother.'' 
\168\ In Mr. Palmeiro's opinion, Mr. Tejada is a ``really good, 
genuine family guy'' and ``really happy.'' \169\ Mr. Palmeiro 
explained that he never had concerns in the past that Mr. 
Tejada was taking performance-enhancing drugs.\170\ Mr. 
Palmeiro stated that Mr. Tejada called him the first day his 
suspension was announced and left him a supportive voice 
mail.\171\ On Mr. Palmeiro's first day back after his 
suspension, Mr. Palmeiro said:
---------------------------------------------------------------------------
    \166\ Id. at 84.
    \167\ Id.
    \168\ Id. at 102.
    \169\ Id. at 103.
    \170\ Id. at 102-03.
    \171\ Id. at 154.

        A:  [Mr. Tejada] actually received me very well, better 
        than anyone else. He embraced me, and it seemed like in 
        public he was really being, you know, one of the 
---------------------------------------------------------------------------
        supportive guys.

        Q:  What did he say to you?

        A:  Hey, you know, I love you. I support you. Hang in 
        there. Don't worry about that stuff. Let's focus on 
        playing. I think that is the kind of conversation we 
        had.\172\
---------------------------------------------------------------------------
    \172\ Id. at 155-56.

    According to Mr. Palmeiro, he took the B-12 vial to his 
home in Baltimore and asked his wife, Lynn, to inject him.\173\ 
Mr. Palmeiro stated that he knew that Orioles staff would not 
provide the B-12 shot because he previously asked a trainer for 
a B-12 shot and was told he could not receive one.\174\ Mr. 
Palmeiro explained that Mrs. Palmeiro knew how to use a syringe 
because she was responsible for injecting the family dogs for 
their allergies,\175\ and that Mrs. Palmeiro learned to give 
these shots from the family veterinarian.\176\ According to Mr. 
Palmeiro, this was the only injection Mrs. Palmeiro had ever 
given him.\177\ He stated that after Mrs. Palmeiro gave him the 
shot, there was very little B-12 left in the vial.\178\
---------------------------------------------------------------------------
    \173\ Id. at 139-40.
    \174\ Id. at 93-95, 126-27.
    \175\ Id. at 137.
    \176\ Id. at 138.
    \177\ Id. at 140.
    \178\ Id. at 143. Mr. Palmeiro's attorneys provided committee staff 
with further information from Mr. and Mrs. Palmeiro regarding the 
condition of the vial of B-12. The attorneys confirmed that ``the B-12 
vial was not full when Mr. Palmeiro received it or when Mrs. Palmeiro 
first saw it; that the syringe was wrapped in plastic, but the vial was 
not; that the vial had a rubber stopper, but did not have a metal cap; 
and that, after one syringe of liquid was extracted from the vial, 
there was not enough liquid to fill a second syringe.'' Letter from 
Adam C. Sloane, attorney for Rafael Palmeiro, to House Committee on 
Government Reform staff (Nov. 1, 2005).
---------------------------------------------------------------------------
    Contrary to Mr. Palmeiro's defense during his arbitration, 
Mr. Palmeiro informed Committee staff that it is his belief 
that the B-12 injection resulted in his positive test for 
steroids. He stated:

        A:  My best guess would be the B-12, it could have been 
        contaminated, but I can't prove it. It could have been 
        something else. It could have been something else, any 
        other supplement that I took. But my best guess would 
        be the B-12.

        Q:  You believe it was the B-12?

        A:  I believe it was, but I wish I could prove it.\179\
---------------------------------------------------------------------------
    \179\ Interview with Rafael Palmeiro, supra note 111, at 151.

           *         *         *         *         *

---------------------------------------------------------------------------
        Q:  How in your mind do you think this was 
        contaminated? What do you think? Do you think it was 
        inadvertently not B-12 but a steroid?

        A:  No, I'm not sure. I don't know how to answer that, 
        because obviously I didn't take the proper steps to 
        look into it, but when I got it, I feel sure that it 
        was B-12. And I'm not saying that that's not what it 
        was. I'm just saying that could have been what got me 
        contaminated. I can't say for sure that is what it was, 
        but that is the thing I can pinpoint to that is 
        different than anything else that I have done in the 
        past.\180\
---------------------------------------------------------------------------
    \180\ Id. at 162.

           *         *         *         *         *

---------------------------------------------------------------------------
        Q:  [W]hat you are saying here is that you believe, 
        your best guess is that your positive test was as a 
        result of that B-12 shot?

        A:  That is my guess.\181\
---------------------------------------------------------------------------
    \181\ Id. at 163.

    Committee staff questioned Mr. Palmeiro about the 
discrepancy between the arbitration proceedings and the 
interview with Committee staff concerning Mr. Palmeiro's belief 
that the B-12 caused his positive test result. Mr. Palmeiro 
---------------------------------------------------------------------------
stated:

        I know, but that is because the way that I understood 
        it was I could not prove what did it. But when I think 
        back on it, my best guess would be the B-12. Now, I may 
        be wrong. It could be something else. But if I have to 
        guess, if I have to pinpoint something, that is the 
        logical thing.\182\
---------------------------------------------------------------------------
    \182\ Id. at 159.

    During the arbitration proceeding, Mr. Weiner stated, ``The 
Players Association does not contend that the B-12 shot that 
Mr. Palmeiro took caused his positive test. We have no evidence 
to suggest that. As a matter of fact, all of the evidence that 
exists runs in the other direction.'' \183\ In the Committee 
staff interview, Mr. Palmeiro was asked about Mr. Weiner's 
statement:
---------------------------------------------------------------------------
    \183\ Palmeiro arbitration transcript, supra note 42, at 12.

---------------------------------------------------------------------------
        Q:  So do you disagree with that statement?

        A:  I disagree with what he is saying. He is speaking 
        on the Players Association behalf; but I feel that the 
        B-12 was probably the thing that might have done it. I 
        could not prove it. I have no way of proving whether 
        you know this was an unintentional thing that I did or 
        something that somebody did to me. I couldn't prove 
        it.\184\
---------------------------------------------------------------------------
    \184\ Interview with Rafael Palmeiro, supra note 111, at 158.

    When questioned about his increased performance, Mr. 
---------------------------------------------------------------------------
Palmeiro responded:

        Well, the only reaction to that is obviously they are 
        not giving me any credit for my abilities that God gave 
        me. But if you go back beyond my professional career, 
        and I do not think that you have it, I hit home runs 
        everywhere. I was a three-time All-American in college. 
        I was freshman player of the year. Summer ball I hit 
        more home runs than Barry Bonds and McGwire and all 
        those guys when we played summer ball. So I have always 
        been a guy that's hit home runs. And if they choose to 
        think that I did this illegally, that is fine, but I 
        know in my heart that everything that I have done in 
        baseball is done with my hard work, the talent that God 
        gave me, and what my dad taught me.

        You go beyond those numbers, '82, '83, '84, '85, when I 
        was a kid, and you can see that I hit a lot of home 
        runs. So for them to say that I was not going to be any 
        good or that I had to do something better, you know, 
        that is fine, but to me, you know, I worked hard. I am 
        not one of these guys that hits--I don't know if you 
        guys follow my career, but my home runs are barely 
        going over the wall. I just happen to have a nice, 
        smooth, steady swing. I can't hit the ball out the 
        other way. My home runs are all pretty much regular, 
        you know. But I have always had success all the way 
        back to when I first started.\185\
---------------------------------------------------------------------------
    \185\ Id. at 175.

    Committee staff also questioned Mr. Palmeiro about specific 
allegations of steroid use contained in Mr. Canseco's 
book.\186\ Mr. Palmeiro denied Mr. Canseco's allegations \187\ 
and told Committee staff that:
---------------------------------------------------------------------------
    \186\ Canseco, supra note 10.
    \187\ In his book, Mr. Canseco writes of the 1992-1993 season, 
during which he played for the Texas Rangers, along with Rafael 
Palmeiro, Ivan Rodriguez, and Juan Gonzalez. Mr. Canseco wrote that ``I 
sat down with Rafael Palmeiro, Juan Gonzalez, and Ivan Rodriguez, and 
educated them about steroids. Soon I was injecting all three of them. I 
personally injected each of those three guys many times, until they 
became more familiar with how to use a needle and were able to do it 
themselves,'' (Canseco, supra note 10, at 133) and that ``Palmeiro, 
Gonzalez, and Ivan Rodriguez all started asking me a lot of questions 
about steroids soon after I joined the Rangers.'' (Canseco, supra note 
10, at 135). In addition, Mr. Canseco wrote that the players were on a 
``combination of growth hormone and steroids--mostly Deca and 
Winstrol.'' (Canseco, supra note 10, at 135). Winstrol is another name 
for Stanozolol, the steroid detected in Mr. Palmeiro's urine.

          GHe never discussed steroids or injections 
        with Mr. Canseco.\188\
---------------------------------------------------------------------------
    \188\ Mr. Palmeiro's interview included the following exchanges:

        Q: Did Canseco ever sit down with you to talk to you 
      about steroids?
        A: Never. He never sat down with me to talk about 
      steroids or anything other than about just baseball.
        Q: Was there ever a time that you can recall that you, 
      Juan Gonzalez, and Ivan Rodriguez sat down with Jose 
      Canseco?
        A: No.
        Q: Do you know whether or not he spoke with either of 
      those two about steroids?
        A: I don't know. I can't answer for them, but I know 
      that I didn't sit down with him. (Interview with Rafael 
      Palmeiro supra note 111, at 168-69.

                                          *    *    *

        Q: [Mr. Canseco's book states], ``Palmeiro, Gonzalez, 
      and Ivan Rodriguez all started asking me a lot of questions 
      about steroids soon after I joined the Rangers.'' Did you 
      ever ask Mr. Canseco about steroids?
        A: No, I would never talk about steroids. (Id. at 170).
          GHe was never injected with steroids or any 
        other substance by Mr. Canseco.\189\
---------------------------------------------------------------------------
    \189\ Mr. Palmeiro's interview included the following exchange:

        Q: Did Jose Canseco ever inject you with a steroid?
        A: Never. He never injected me with anything.
        Q: With nothing?
        A: Nothing.
        Q: Did he ever explain to you how to use a needle?
        A: No. (Id. at 169).
          GHe didn't know whether Mr. Canseco ever 
        injected Juan Gonzalez or Ivan Rodriguez but did not 
        believe it to be true.\190\
---------------------------------------------------------------------------
    \190\ Mr. Palmeiro's interview included the following exchange:

        Q: Two paragraphs down, [Mr. Canseco's book states that] 
      ``Raffy, Juan, and Ivan were definitely scared the first 
      time I injected them, but after a while it became no big 
      deal to them, either.'' Do you have any knowledge whether 
      or not Canseco was injecting either Ivan or Juan?
        A: I don't have knowledge of that, but I'm going to 
      guess no. There's no way. (Id. at 171).
          GHe had never heard of B-12 being used as a 
        code name for steroids, as alleged in Mr. Canseco's 
        book.\191\
---------------------------------------------------------------------------
    \191\ Mr. Palmeiro's interview included the following exchanges:

        Q: [Mr. Canseco's book] is talking about steroids here. 
      He says, ``It was so open, the trainers would jokingly call 
      the steroid injections `B-12 shots,' and soon the players 
      had picked up on that little code name, too. You'd hear 
      them saying it out loud in front of each other: `I need to 
      go in and get a B-12 shot,' a player would say, and 
      everyone would laugh. They weren't talking about vitamins 
      or supplements, of course, but a combination of steroids.'' 
      To your knowledge, did ``B-12 shots''--was that code for 
      steroids?
        A: You know what? I don't even think I knew what B-12 
      was back then. I never heard anyone say B-12 or steroids or 
      anything like that. A code name? Come on. I don't know 
      where he got that from. (Id. 172).

                                          *    *    *

        Q: --Your understanding of what [your teammates] were 
      talking about was what [when they mentioned B-12]?
        A: B-12. And you are talking about '92, '93. You know, I 
      became aware of B-12 in '99, 2000, my second time around. I 
      didn't even know what B-12 was probably back then.
        Q: Do you recall or did you ever hear of anybody else 
      mentioning B-12 meant steroid?
        A: No, I had no idea that that was a code word or 
      something that he used. He is probably making that B-12 
      stuff up. (Id. at 173).
          GPrior to his interview with Committee staff, 
        he had not read Mr. Canseco's book or known that Mr. 
        Canseco alleged that Mr. Palmeiro used Winstrol 
        (stanozolol).\192\
---------------------------------------------------------------------------
    \192\ Mr. Palmeiro's interview included the following exchange:

        Q: Did you know the previous page where he mentions you 
      and Winstrol, were you aware of that before you just saw 
      this?
        A: No. The only thing I was aware of is that he had said 
      that he had taught me how to inject. That is the only thing 
      that I was aware of. I have not read the book. I have not, 
      you know, studied or gotten information on what he has said 
      about me. This is the first I heard about the Winstrol 
      stuff in his book. (Id. at 1173-74).
E. Interview with Lynn Palmeiro
    The Committee staff conducted an in-person interview of 
Lynn Palmeiro on August 25, 2005.\193\ Mrs. Palmeiro confirmed 
Mr. Palmeiro's account of the B-12 injection. Mrs. Palmeiro 
said that she did not look to see if the vial had been 
punctured.\194\ Mrs. Palmeiro stated that she filled the entire 
syringe and injected Mr. Palmeiro with the B-12.\195\ Mrs. 
Palmeiro stated that she knew to inject Mr. Palmeiro in the 
buttocks because Mrs. Palmeiro witnessed Mr. Palmeiro receiving 
B-12 shots during spring training with the Texas Rangers and 
because Mrs. Palmeiro also received B-12 shots from the 
Rangers' physician.\196\
---------------------------------------------------------------------------
    \193\ Interview by House Committee on Government Reform staff with 
Lynn Palmeiro, wife of Baltimore Oriole, Rafael Palmeiro, in 
Washington, DC (Aug. 25, 2005).
    \194\ Id. at 16.
    \195\ Id. at 17.
    \196\ Id. at 17-18, 23.
---------------------------------------------------------------------------
    According to Mrs. Palmeiro, she noticed the B-12 label was 
in Spanish, but she could read that it said B-12.\197\ She 
stated that after administering the B-12 shot, she noticed that 
there was a small amount of liquid left in the vial and after 
determining that there was not enough liquid for another shot, 
she discarded the syringe.\198\ Mrs. Palmeiro stated that the 
B-12 shot was the first and only time she injected Mr. 
Palmeiro.\199\
---------------------------------------------------------------------------
    \197\ Id. at 26.
    \198\ Id. at 24.
    \199\ Id. at 32.
---------------------------------------------------------------------------
    Mrs. Palmeiro explained that she did not have concerns for 
Mr. Palmeiro taking the B-12, because ``he felt comfortable 
with the product being from his teammate. And I am sure he felt 
that it was okay.'' \200\
---------------------------------------------------------------------------
    \200\ Id. at 26-27.
---------------------------------------------------------------------------
    Committee staff questioned Mrs. Palmeiro regarding what she 
thought may have caused Mr. Palmeiro to test positive for 
steroids.\201\ Mrs. Palmeiro said she could not think of 
another substance that Mr. Palmeiro took that would have 
resulted in a positive steroid test.\202\
---------------------------------------------------------------------------
    \201\ Id. at 29-30.
    \202\ Id.
---------------------------------------------------------------------------
F. Interviews With Other Players and Officials from the Baltimore 
        Orioles
            i. Interview with Miguel Tejada
    During his interview with Committee staff, Mr. Palmeiro 
asserted that the B-12 vial provided to him by Baltimore 
Orioles teammate, Miguel Tejada, may have been the source of 
his positive steroid test result. On August 26, 2005, Committee 
staff conducted an in-person interview of Miguel Tejada.\203\
---------------------------------------------------------------------------
    \203\ Interview by House Committee on Government Reform staff with 
Miguel Tejada, baseball player for the Baltimore Orioles, in 
Washington, DC (Aug. 26, 2005) [hereinafter interview with Miguel 
Tejada].
---------------------------------------------------------------------------
    Mr. Tejada stated the only supplement he takes is vitamin 
B-12.\204\ He stated that he began receiving B-12 injections 
and pills at 5 or 6 years of age in the Dominican 
Republic.\205\ Mr. Tejada recalled that he would receive the 
injections at a clinic or from his father,\206\ and that he 
continued taking B-12 throughout his childhood and teens.\207\ 
Mr. Tejada stated it was common in the Dominican Republic for 
people to take B-12 injections,\208\ saying that Dominicans 
receive B-12 shots to help increase appetite, to prevent 
anemia, and to protect against illness.\209\ Mr. Tejada 
explained that he takes B-12 to help increase his 
appetite.\210\
---------------------------------------------------------------------------
    \204\ Id. at 5-6.
    \205\ Id. at 6-7, 11.
    \206\ Id. at 7-9.
    \207\ Id. at 11-13.
    \208\ Id. at 7, 14.
    \209\ Id.
    \210\ Id. at 6-7, 49.
---------------------------------------------------------------------------
    Mr. Tejada stated that he signed as a minor league player 
when he was 17 years old \211\ and came to the United States in 
1994 or 1995.\212\ Mr. Tejada explained that he returns to the 
Dominican Republic each off-season.\213\ According to Mr. 
Tejada, when he returns to the United States, he brings liquid 
B-12 from the Dominican Republic to use during the season.\214\ 
He stated that each time he returned he would bring 
approximately two to four vials of B-12 back with him.\215\ Mr. 
Tejada said that he does not use B-12 during the off-
season,\216\ unless he is playing in the Winter League playoffs 
in late December and January,\217\ or the Caribbean World 
Series in February.\218\
---------------------------------------------------------------------------
    \211\ Id. at 13, 15.
    \212\ Id. at 15.
    \213\ Id. at 4-5.
    \214\ Id. at 16-17.
    \215\ Id. at 17, 19-20, 22.
    \216\ Id. at 19.
    \217\ Id. at 42-46, 48.
    \218\ Id. at 48.
---------------------------------------------------------------------------
    Mr. Tejada explained that in the Dominican Republic, liquid 
B-12 is sold without prescription in a box with one bottle of 
B-12 and a syringe.\219\ He stated that each vial has 
approximately four doses,\220\ and that he would buy extra 
syringes at the pharmacy.\221\ The syringes have the numbers 
one through four on them.\222\ Mr. Tejada explained that he 
would fill up the syringe with B-12 to the number two and a 
half.\223\
---------------------------------------------------------------------------
    \219\ Id. at 10-11.
    \220\ Id. at 17.
    \221\ Id. at 48.
    \222\ Id. at 50.
    \223\ Id.
---------------------------------------------------------------------------
    For the 2005 season, Mr. Tejada stated he brought four 
boxes of B-12 to the United States,\224\ and that he brought 
extra syringes, four for each bottle of B-12.\225\ Mr. Tejada 
recalled that he had one extra bottle at his house from the 
previous year.\226\
---------------------------------------------------------------------------
    \224\ Id. at 45-46, 62, 68, 81.
    \225\ Id. at 48-49.
    \226\ Id. at 68, 82.
---------------------------------------------------------------------------
    During the 2005 season, Mr. Tejada stated he gave B-12 to 
Player A, Player B, and Mr. Palmeiro.\227\ Mr. Tejada explained 
he gave the B-12 to Player A and Player B at the beginning of 
the 2005 regular season in the clubhouse.\228\ Mr. Tejada said 
that he started a conversation with Player A and Player B and 
explained why he took B-12.\229\ Mr. Tejada recalled that he 
told them that when they were not feeling well or not eating, 
they should take B-12.\230\ Mr. Tejada said that Player A and 
Player B never said they were not eating well.\231\ According 
to Mr. Tejada, after that conversation, he gave both Player A 
and Player B a bottle of B-12.\232\ Mr. Tejada stated that he 
did not give Player A or Player B a syringe.\233\ According to 
Mr. Tejada, he explained to Player B how much B-12 he should 
take.\234\ Mr. Tejada said that he does not know whether Player 
A or Player B used the B-12.\235\
---------------------------------------------------------------------------
    \227\ Id. at 51. During his interview, Mr. Tejada identified two 
current Baltimore Orioles players to whom he gave liquid vitamin B-12. 
For purposes of the report, they will be identified as Player A and 
Player B.
    \228\ Interview of Miguel Tejada, supra note 203, at 51-52, 56, 59, 
61, 83.
    \229\ Id. at 53-54, 59-61.
    \230\ Id. at 54-55, 59.
    \231\ Id. at 54, 59.
    \232\ Id. at 52, 54-55, 58-59, 61-62.
    \233\ Id. at 55, 62, 84-86.
    \234\ Id. at 55.
    \235\ Id. at 56, 89.
---------------------------------------------------------------------------
    Mr. Tejada stated that he believes he gave Mr. Palmeiro a 
vial of B-12 on a separate day but around the same time he gave 
it to Player A and Player B.\236\ His recollection is similar 
to Mr. Palmeiro's in many ways, such as providing the B-12 in 
mid-April 2005.\237\ But there are differences in their 
statements to Committee staff. Mr. Tejada believes he and Mr. 
Palmeiro discussed B-12 while sitting on a couch in the 
clubhouse and that Mr. Palmeiro said he had not been eating 
well.\238\ Mr. Tejada claimed he did not have the B-12 in his 
locker as Mr. Palmeiro testified.\239\ Instead, Mr. Tejada 
remembered retrieving the B-12 and syringe from his home and 
handing it to Mr. Palmeiro at the ball park the following 
day.\240\
---------------------------------------------------------------------------
    \236\ Id. at 51, 63-64, 83.
    \237\ Id. at 80.
    \238\ Id. at 53, 64-66, 79-81.
    \239\ Id. at 69-71.
    \240\ Id. at 56-57, 65-67, 69-72, 80-81.
---------------------------------------------------------------------------
    In Mr. Tejada's account, he did not give Mr. Palmeiro 
instructions on how to use the B-12, nor did Mr. Palmeiro ask 
for instructions.\241\ Mr. Tejada stated that he never asked 
Mr. Palmeiro if he used the B-12.\242\ Mr. Tejada explained 
that he was unaware if Mr. Palmeiro ever used the B-12, as the 
two had never discussed the issue after Mr. Tejada gave him the 
vial in April 2005.\243\
---------------------------------------------------------------------------
    \241\ Id. at 71.
    \242\ Id. at 72-73.
    \243\ Id.
---------------------------------------------------------------------------
    Mr. Tejada stated that prior to the 2005 season, he never 
gave another player B-12,\244\ and that no one knew that Mr. 
Tejada used B-12 except for Player B, who learned that Mr. 
Tejada used B-12 during the 2004 season.\245\ Mr. Tejada stated 
that he did not give Player B any B-12 in 2004.\246\
---------------------------------------------------------------------------
    \244\ Id. at 86.
    \245\ Id.
    \246\ Id.
---------------------------------------------------------------------------
    Mr. Tejada also stated that Player A had injected Mr. 
Tejada with the B-12 ``when [Mr. Tejada was] feeling like [he] 
need [sic] it.'' \247\ He said that the last time Player A 
injected Mr. Tejada was May or June 2005.\248\
---------------------------------------------------------------------------
    \247\ Id. at 23-24, 88-89.
    \248\ Id. at 23-24, 27.
---------------------------------------------------------------------------
    Mr. Tejada stated that in May he received a telephone call 
from Michael Weiner with the Players Association.\249\ Mr. 
Tejada said that Mr. Weiner asked him if he took B-12 and Mr. 
Tejada said yes.\250\ Mr. Tejada asked Mr. Weiner why he was 
asking, and Mr. Weiner replied that he wanted to know what Mr. 
Tejada took.\251\ Mr. Tejada said that Mr. Weiner asked where 
he got the B-12 and Mr. Tejada told him in the Dominican 
Republic.\252\ According to Mr. Tejada, Mr. Weiner told him the 
Players Association wanted to test a bottle of his B-12 to make 
sure the vial contained B-12.\253\ Mr. Tejada stated that his 
agent sent a vial of B-12 in a closed box to the Players 
Association.\254\ Mr. Tejada also stated that the bottle had 
been used by him.\255\ He recalled that when the Players 
Association requested the vial from him, they told him not to 
use any of his B-12 until they completed the tests.\256\ He 
stated that about 2 weeks later, the Players Association told 
him he could continue to use the B-12 because it was ``legal.'' 
\257\
---------------------------------------------------------------------------
    \249\ Id. at 26-27, 38, 89-97.
    \250\ Id. at 91.
    \251\ Id. at 91-92.
    \252\ Id. at 95.
    \253\ Id. at 24, 38, 92-93, 96. At an Aug. 15, 2005 meeting, the 
Players Association informed committee staff that Mr. Weiner told Mr. 
Tejada the B-12 vial would be tested for steroids.
    \254\ Interview with Miguel Tejada, supra note 203, at 24, 39.
    \255\ Id. at 88, 96-97.
    \256\ Id. at 24, 39-40, 110-11.
    \257\ Id. at 24-25, 40, 93, 100.
---------------------------------------------------------------------------
    Mr. Tejada stated that after he discussed the B-12 with the 
Players Association in May, he told Player A and Player B not 
to use the B-12.\258\ He said that he told Player A and Player 
B that the league was checking out the B-12 and not to use it 
until he got the results.\259\ According to his account, Mr. 
Tejada forgot to tell Mr. Palmeiro not to use the B-12.\260\
---------------------------------------------------------------------------
    \258\ Id. at 111-12.
    \259\ Id. at 112.
    \260\ Id. at 111-12.
---------------------------------------------------------------------------
    Mr. Tejada stated that later in the summer, Gene Orza with 
the Players Association called Mr. Tejada about the B-12,\261\ 
and that he spoke to the Players Association at a meeting 
approximately 2 weeks prior to the Committee staff 
interview.\262\ Mr. Tejada stated that Mr. Orza; Rob Manfred, 
an attorney for MLB; a doctor for the Players Association; and 
a doctor for MLB were present at the meeting.\263\ Mr. Tejada 
indicated that he understood the purpose of the meeting was to 
talk about B-12.\264\ Mr. Tejada said that they also discussed 
that Mr. Palmeiro mentioned Mr. Tejada's name during Mr. 
Palmeiro's interview.\265\ Mr. Tejada stated that they asked 
questions regarding why Mr. Tejada gave the B-12 to Mr. 
Palmeiro,\266\ and that during this meeting, the Players 
Association asked for another vial of B-12.\267\ Mr. Tejada 
stated that he gave the Players Association the B-12 vial left 
over from the previous year.\268\ He said that the Players 
Association again told him not to use the B-12.\269\ Mr. Tejada 
recalled that the doctors at the meeting questioned him about 
why he takes B-12 and they told him not to inject himself 
anymore.\270\ Mr. Tejada stated that he never heard from the 
Players Association regarding the second vial of B-12.\271\
---------------------------------------------------------------------------
    \261\ Id. at 26-27.
    \262\ Id. at 27, 36-38, 101-04.
    \263\ Id. at 37, 102-03. Rob Manfred, Jr., MLB executive vice 
president for labor and human resources, confirmed to committee staff 
that the meeting with Mr. Tejada was an HPAC meeting.
    \264\ Interview with Miguel Tejada, supra note 203, 37-38.
    \265\ Id. at 104-08.
    \266\ Id. at 105.
    \267\ Id. at 27, 37, 106-07.
    \268\ Id. at 88, 106.
    \269\ Id. at 40, 109-10.
    \270\ Id. at 108-10.
    \271\ Id. at 107. Rob Manfred, Jr., executive vice president for 
labor and human resources, MLB, confirmed to committee staff that HPAC 
received another vial of B-12 from Mr. Tejada and the vial tested 
negative for steroids.
---------------------------------------------------------------------------
    According to Mr. Tejada, after he sent the B-12 to the 
Players Association for testing, he quit using it.\272\ He said 
that the Players Association told him they would send him some 
B-12 pills.\273\ Mr. Tejada stated that he had not yet received 
the B-12 pills.\274\
---------------------------------------------------------------------------
    \272\ Interview with Miguel Tejada, supra note 203, at 26.
    \273\ Id. at 28, 34, 108-09.
    \274\ Id. at 34, 109.
---------------------------------------------------------------------------
    Mr. Tejada explained that he never had concerns that the 
vial labeled B-12 did not contain vitamin B-12.\275\ Mr. Tejada 
stated he never spoke to a team doctor about taking B-12.\276\ 
Mr. Tejada said that he has never heard of reports of 
contaminated B-12 in the Dominican Republic.\277\ He also said 
that he never heard of B-12 being used as code for 
steroids.\278\
---------------------------------------------------------------------------
    \275\ Id. at 28-29.
    \276\ Id. at 32.
    \277\ Id. at 29.
    \278\ Id. at 30.
---------------------------------------------------------------------------
    Mr. Tejada stated that when learned that Mr. Palmeiro 
tested positive for steroids, he, and everyone, was 
surprised.\279\ He recalled that after learning of Mr. 
Palmeiro's suspension, he left Mr. Palmeiro a voice message on 
his cellular telephone.\280\ According to Mr. Tejada, Mr. 
Palmeiro did not return the call.\281\ Mr. Tejada said that 
when Mr. Palmeiro returned from his 10-day suspension, he and 
Mr. Tejada did not discuss Mr. Palmeiro's positive test 
result.\282\
---------------------------------------------------------------------------
    \279\ Id. at 74-75.
    \280\ Id. at 76.
    \281\ Id. at 77.
    \282\ Id. at 77-78.
---------------------------------------------------------------------------
    Mr. Tejada stated that he has no personal knowledge of Mr. 
Palmeiro taking steroids.\283\ Mr. Tejada also stated he and 
Mr. Palmeiro never discussed steroids,\284\ and that he never 
heard rumors of Mr. Palmeiro taking steroids until Mr. Palmeiro 
testified in front of Congress.\285\ Mr. Tejada said he had no 
knowledge or reason to know how Mr. Palmeiro tested positive 
for steroids.\286\ Mr. Tejada explained that he had never 
thought Mr. Palmeiro's positive test result had anything to do 
with the B-12 because the B-12 was tested by MLB.\287\
---------------------------------------------------------------------------
    \283\ Id. at 75-76.
    \284\ Id.
    \285\ Id. at 76.
    \286\ Id. at 78-9.
    \287\ Id. at 87, 119
---------------------------------------------------------------------------
    During the 2005 season, Mr. Tejada was tested under MLB's 
program twice prior to the interview.\288\ Both test results 
were negative.
---------------------------------------------------------------------------
    \288\ Id. at 74, 114-15.
---------------------------------------------------------------------------
            ii. Interviews with Players A and B
    Based on Miguel Tejada's assertions that he provided liquid 
vitamin B-12 to Player A and Player B of the Baltimore Orioles, 
Committee staff felt it necessary to interview the two 
players.\289\
---------------------------------------------------------------------------
    \289\ During committee staff's interviews with Player A and Player 
B, they were asked about their knowledge of steroid use by Mr. 
Palmeiro. Neither Player A nor Player B had personal knowledge of Mr. 
Palmeiro taking steroids. Interview by House Committee on Government 
Reform staff with Player A, baseball player for the Baltimore Orioles, 
in Baltimore, MD (Sept. 28, 2005) [hereinafter interview with Player 
A]. Telephone interview with Player B, baseball player for the 
Baltimore Orioles, in Washington, DC (Oct. 20, 2005) [hereinafter 
telephone interview with Player B]. Neither was ever approached by 
anyone having personal knowledge of Mr. Palmeiro taking steroids. (Id.) 
Neither ever had a reason to personally suspect Palmeiro of taking 
steroids. (Id.). Player A stated he was surprised by Mr. Palmeiro's 
positive test result. (Interview of Player A). Player B did not suspect 
Mr. Palmeiro of taking steroids because Mr. Palmeiro did not have the 
body type and he has a nice swing. (Telephone interview with Player B). 
Player B said Mr. Palmeiro's positive test result was hard for Player 
B. (Id.). Mr. Palmeiro was ``the last guy'' Player B would think would 
be on steroids. (Id.).
---------------------------------------------------------------------------
    Player A and Player B confirmed that they had received B-12 
from Mr. Tejada.\290\ However, the accounts of Player A and 
Player B differed in significant respects from Mr. Tejada's 
account. Mr. Tejada stated that prior to the 2005 season, he 
never gave another player B-12.\291\ But Player A and Player B 
both said that they received B-12 from Mr. Tejada during the 
2004 season.\292\ Mr. Tejada stated that he gave B-12 to Player 
B in 2005.\293\ However, Player B said that he only received B-
12 from Mr. Tejada during the 2004 season.\294\ Mr. Tejada 
explained that the B-12 he purchased came in a box and 
contained one vial of liquid B-12 and one syringe.\295\ Player 
A stated the B-12 he received from Mr. Tejada came in an 
unopened box and contained five syringes.\296\ Mr. Tejada 
stated he gave Players A and B the B-12 after having a joint 
conversation with them in the ballpark.\297\ However, Players A 
and B said that they had individual, private conversations with 
Mr. Tejada regarding the B-12.\298\
---------------------------------------------------------------------------
    \290\ Interview with Player A, supra note 289; telephone interview 
with Player B, supra note 289.
    \291\ Interview with Miguel Tejada, supra note 203, at 86.
    \292\ Interview with Player A, supra note 289; telephone interview 
with Player B, supra note 289.
    \293\ Interview with Miguel Tejada, supra note 203, at 51-53, 57-
58.
    \294\ Telephone interview with Player B, supra note 289.
    \295\ Interview with Miguel Tejada, supra note 203, at 10-11.
    \296\ Interview with Player A, supra note 289.
    \297\ Interview with Miguel Tejada, supra note 203, at 61-62.
    \298\ Interview with Player A, supra note 289; telephone interview 
with Player B, supra note 289.
---------------------------------------------------------------------------
    Mr. Tejada stated that, in the 2004 season, he had only 
enough B-12 to provide a maximum of 12 injections.\299\ 
However, Player A stated that he injected Mr. Tejada 
approximately 40-45 times in 2004.\300\ Further, Mr. Tejada 
said that, in the 2005 season, he had only enough B-12 to 
provide for a handful of injections, and that he last received 
a B-12 shot in May or June 2005.\301\ However, Player A stated 
that he injected Mr. Tejada approximately 30-35 times in 2005 
before Player A voluntarily chose to stop in July 2005.\302\
---------------------------------------------------------------------------
    \299\ Interview with Miguel Tejada, supra note 203. Mr. Tejada 
stated that he had four vials of B-12 at the start of the 2004 season 
(Id. at 68) and that he used three of these vials. (Id. at 67) Mr. 
Tejada stated that each vial contained four injections (Id. at 17). As 
such, Mr. Tejada, would had have access to a total of only 12 
injections.
    \300\ Interview with Player A, supra note 289.
    \301\ Mr. Tejada recalled that at the start of the 2005 season, he 
had five B-12 vials in his possession, (interview with Miguel Tejada, 
supra note 203, at 68) providing him with a maximum of 20 shots. But, 
Mr. Tejada stated that, at various times during the 2005 season, he 
gave one vial each to Player A, (Id. at 51), Player B, (Id.) Mr. 
Palmeiro, (Id.) the Players Association, (Id. at 24, 97) and HPAC (Id. 
at 36, 101). Thus, according to Mr. Tejada, he gave away each of the 
five vials in his possession.
    \302\ Interview with Player A, supra note 289.
---------------------------------------------------------------------------
    Mr. Tejada stated that after giving a vial of B-12 to the 
Players Association, he spoke to Player A and Player B,\303\ 
telling them not to use the B-12 until he got the results from 
the league.\304\ However, Player A told Committee staff that 
Mr. Tejada never mentioned any problems with the B-12 and never 
told Player A to quit using it.\305\ Player A further stated 
that after voluntarily choosing to stop injecting Mr. Tejada in 
July 2005, Mr. Tejada attempted to convince him that there was 
nothing wrong with the B-12.\306\ Player B stated that he never 
received B-12 from Mr. Tejada during the 2005 season and that 
Mr. Tejada never told him to quit taking B-12.\307\
---------------------------------------------------------------------------
    \303\ Interview with Miguel Tejada, supra note 203, at 111-12.
    \304\ Id. at 112.
    \305\ Interview with Player A, supra note 289.
    \306\ Id.
    \307\ Telephone interview with Player B, supra note 289.
---------------------------------------------------------------------------
    Player A stated that during the 2004 season, he accepted 2-
3 boxes of B-12 from Mr. Tejada.\308\ Player A stated that each 
box contained a vial of liquid B-12 and five syringes, and that 
the label on the vial was printed in Spanish and read ``B-12'' 
and ``Made in Mexico.'' \309\ He stated that in May of the 2005 
season, Mr. Tejada gave him one box of B-12.\310\
---------------------------------------------------------------------------
    \308\ Interview with Player A, supra note 289.
    \309\ Id.
    \310\ Id.
---------------------------------------------------------------------------
    During his interview with Committee staff, Player A stated 
he had a remaining vial of what he believed to be B-12 provided 
to him by Mr. Tejada in May 2005.\311\ Player A willingly 
offered to provide this vial to the Committee. The vial was 
sent to the University of California, Los Angeles Olympic 
Analytical Laboratory (``UCLA Olympic Lab'') for analysis. The 
vial was labeled Tiaminal, B-12, 50,000. UCLA Olympic Lab 
tested the vial for ``anabolic androgenic steroids, stimulants 
and narcotics on the WADA (World Anti-Doping Agency) list.'' 
\312\ The analytical findings were that ``no banned substances 
were detected.'' \313\
---------------------------------------------------------------------------
    \311\ Id.
    \312\ Letter from Don H. Catlin, M.D., director, professor of 
molecular and medical pharmacology, UCLA Olympic Lab, to House 
Committee on Government Reform staff (Oct. 24, 2005).
    \313\ Id.
---------------------------------------------------------------------------
    Player A was tested under the MLB testing program in 
2005.\314\ Player A recalled that on the day he was tested, he 
was told that he had to take his test within the next several 
hours, but was then left unsupervised until he chose to provide 
a sample.\315\ Player A did not test positive for performance-
enhancing drugs during the 2005 season.\316\
---------------------------------------------------------------------------
    \314\ Interview with Player A, supra note 289.
    \315\ Id.
    \316\ Id.
---------------------------------------------------------------------------
    Player B stated that halfway through the 2004 season, he 
accepted four boxes of B-12 from Mr. Tejada.\317\ He stated 
that the boxes contained five pre-filled, unopened needles of 
B-12.\318\ Player B explained that he would snap on the syringe 
to use the B-12.\319\ He recalled that the boxes said 
``Bedoyecta'' on them and were unopened.\320\ According to 
Player B, Mr. Tejada also gave him a B-12 vial that came in a 
plastic bag, and this vial said ``Tiaminal'' on it and did not 
come with needles.\321\ Player B stated Mr. Tejada gave some 
needles to use with the vial of B-12.\322\ Player B said the 
label was printed in Spanish.\323\ He stated that he believed 
the B-12 was from the Dominican Republic or Mexico.\324\ Player 
B stated that he did not receive B-12 from Mr. Tejada during 
the 2005 season.\325\ Player B was tested under MLB's program 
in 2005 and did not test positive for performance-enhancing 
drugs during the 2005 season.\326\
---------------------------------------------------------------------------
    \317\ Telephone interview with Player B, supra note 289.
    \318\ Id.
    \319\ Id.
    \320\ Id.
    \321\ Id.
    \322\ Id.
    \323\ Id.
    \324\ Id.
    \325\ Id.
    \326\ Id.
---------------------------------------------------------------------------
            iii. Interviews with Baltimore Orioles Physician and 
                    Trainer
    Rafael Palmeiro played for the Baltimore Orioles from 1994-
1998 and from 2004-2005. Committee staff interviewed personnel 
from the Orioles medical and training staff as part of the 
investigation. On September 7, 2005, Committee staff conducted 
an in-person and telephone interview of Dr. Charles 
Silberstein, the orthopedic physician for the Baltimore 
Orioles.\327\ Dr. Silberstein has worked for the Orioles since 
1966.\328\
---------------------------------------------------------------------------
    \327\ Interview by House Committee on Government Reform staff with 
Dr. Charles Silberstein, orthopedic physician, the Baltimore Orioles, 
in Washington, DC, and Baltimore, MD (Sept. 7, 2005).
    \328\ Id.
---------------------------------------------------------------------------
    Dr. Silberstein stated that as the Orioles orthopedist, his 
primary role was to evaluate players for injuries.\329\ Dr. 
Silberstein explained that all medical staff and trainers for 
the Orioles ask players about their medications and review the 
supplements taken by the players.\330\ Dr. Silberstein was not 
aware of any medical doctor for the Orioles prescribing or 
administering vitamin B-12 to players.\331\
---------------------------------------------------------------------------
    \329\ Id.
    \330\ Id.
    \331\ Id.
---------------------------------------------------------------------------
    When asked about his knowledge of steroid use by Mr. 
Palmeiro during his two tenures with the Orioles, Dr. 
Silberstein stated that Mr. Palmeiro was the last person in the 
Baltimore Orioles association that he would ever think would be 
involved with steroids.\332\ Dr. Silberstein indicated that he 
views Mr. Palmeiro as a solid citizen and was shocked to see 
Mr. Palmeiro involved in any controversy.\333\
---------------------------------------------------------------------------
    \332\ Id.
    \333\ Id.
---------------------------------------------------------------------------
    Also on September 7, 2005, Committee staff conducted an in-
person and telephone interview of Richard Bancells, the head 
athletic trainer for the Baltimore Orioles.\334\ Mr. Bancells 
started working for the Orioles in 1984 as the assistant 
athletic trainer.\335\ He became the head athletic trainer in 
1988.\336\
---------------------------------------------------------------------------
    \334\ Interview by House Committee on Government Reform staff with 
Richard Bancells, head athletic trainer, the Baltimore Orioles, in 
Washington, DC, and Baltimore, MD (Sept. 7, 2005).
    \335\ Id.
    \336\ Id.
---------------------------------------------------------------------------
    Mr. Bancells stated that the Orioles have a policy that the 
ball club does not supply supplements to the players.\337\ Mr. 
Bancells explained that he recommends that players not take 
supplements because they do not know what they are 
receiving.\338\ Mr. Bancells further stated that approximately 
3-4 years ago, the Orioles discontinued giving vitamins to 
players.\339\
---------------------------------------------------------------------------
    \337\ Id.
    \338\ Id.
    \339\ Id.
---------------------------------------------------------------------------
    Mr. Bancells stated the Orioles have an educational program 
in spring training and the players are cautioned about 
supplements.\340\ He explained that the Orioles have a 
nutritionist on staff who can answer players' questions 
regarding supplements and that the staff will attempt to check 
out supplements provided by the players to tell if the 
supplement is not regulated, if the label is accurate, if there 
are other ingredients not listed, or if the amount on the 
packaging is incorrect.\341\
---------------------------------------------------------------------------
    \340\ Id.
    \341\ Id.
---------------------------------------------------------------------------
    As the head athletic trainer, Mr. Bancells said that he is 
``mostly aware of what medicines the players are taking.'' 
\342\ Mr. Bancells indicated that he will routinely ask players 
about their medications. He stated that if players were to ask 
him for medications, he would pass along the request to the 
team physician.\343\
---------------------------------------------------------------------------
    \342\ Id.
    \343\ Id.
---------------------------------------------------------------------------
    Mr. Bancells said that vitamin B-12 has always been a part 
of baseball.\344\ He said that in the past, the vitamin has 
been readily available and administered by team physicians, as 
trainers are not allowed to give injections.\345\
---------------------------------------------------------------------------
    \344\ Id.
    \345\ Id.
---------------------------------------------------------------------------
    Mr. Bancells stated that Mr. Palmeiro never asked for a B-
12 shot or asked about receiving a B-12 shot.\346\ Mr. Bancells 
said he never witnessed B-12 in Mr. Palmeiro's possession.\347\ 
Mr. Bancells stated that he does not believe that Mr. Palmeiro 
asked other team trainers for a B-12 shot.\348\ To Mr. 
Bancells' knowledge, Mr. Palmeiro did not ask the Orioles 
medical doctors for B-12.\349\
---------------------------------------------------------------------------
    \346\ Id.
    \347\ Id.
    \348\ Id.
    \349\ Id.
---------------------------------------------------------------------------
    When asked about his knowledge of steroid use by Mr. 
Palmeiro during his two tenures with the Orioles, Mr. Bancells 
stated he had no reason to believe Mr. Palmeiro took 
steroids.\350\ Mr. Bancells explained that he based this belief 
on his observation of Mr. Palmeiro's physical stature, as Mr. 
Palmeiro was not ``bulked up.'' \351\
---------------------------------------------------------------------------
    \350\ Id.
    \351\ Id.
---------------------------------------------------------------------------
G. Interviews with Officials from the Texas Rangers During Rafael 
        Palmeiro's Time with the Texas Rangers
    Rafael Palmeiro played for the Texas Rangers from 1989-1993 
and 1999-2003. Personnel from the Texas Rangers medical and 
training staff were interviewed by Committee staff. All those 
interviewed stated they had no personal knowledge of Mr. 
Palmeiro taking steroids; that they were never approached by 
anyone who claimed to have personal knowledge of Mr. Palmeiro 
taking steroids; and that they never had professional concerns 
or suspicions that Mr. Palmeiro was taking steroids.\352\
---------------------------------------------------------------------------
    \352\ Telephone interview by House Committee on Government Reform 
staff with Dr. B.J. Mycoskie, former head doctor and medical director, 
Texas Rangers, in Washington, DC (Sept. 16, 2005) [hereinafter 
telephone interview with Dr. B.J. Mycoskie]; telephone interview by 
House Committee on Government Reform staff with Dr. Mike Mycoskie, 
former medical director, Texas Rangers, in Washington, DC (Sept. 26, 
2005) [hereinafter telephone interview with Dr. Mike Mycoskie]; 
telephone interview by House Committee on Government Reform staff with 
Dr. David Hunter, internist, Texas Rangers, in Washington, DC (Sept. 
23, 2005) [hereinafter telephone interview with Dr. David Hunter]; 
telephone interview by House Committee on Government Reform staff with 
Jamie Reed, head trainer, Texas Rangers, former assistant trainer, 
Baltimore Orioles, in Washington, DC (Sept. 16, 2005) [hereinafter 
telephone interview with Jamie Reed]; telephone interview by House 
Committee on Government Reform staff with Dan Wheat, former head 
trainer, Texas Rangers, in Washington, DC (Sept. 15, 2005) [hereinafter 
telephone interview with Dan Wheat].
---------------------------------------------------------------------------
            i. Interview with Dr. B.J. Mycoskie
    On September 16, 2005, Committee staff conducted a 
telephone interview of Dr. B.J. Mycoskie.\353\ Dr. B.J. 
Mycoskie began working for the Texas Rangers in 1972 when he 
served as the head doctor and medical director for the 
team.\354\ In 1985, Dr. B.J. Mycoskie turned over his work to 
his son, Dr. Mike Mycoskie.\355\ Dr. B.J. Mycoskie stated he 
still attends spring training every year and occasionally 
assists in the training room before home games.\356\
---------------------------------------------------------------------------
    \353\ Telephone interview with Dr. B.J. Mycoskie, supra note 352.
    \354\ Id.
    \355\ Id.
    \356\ Id.
---------------------------------------------------------------------------
    Dr. B.J. Mycoskie stated that it was common to administer 
B-12 shots to players.\357\ He indicated that the shot would 
always be recorded, indicating who received it, how much was 
injected, and where the shot was injected.\358\ Dr. B.J. 
Mycoskie stated that B-12 is not used for performance-
enhancement.\359\ Dr. B.J. Mycoskie said B-12 can be helpful 
for those who are tired, ``washed out,'' irritable, or 
suffering from chronic fatigue syndrome.\360\ Dr. Mycoskie 
stated that he performed an annual spring training physical of 
the players, but did not conduct any other evaluation prior to 
prescribing B-12 to players.\361\ Dr. B.J. Mycoskie stated B-12 
shots were not given very often to players, maybe three to six 
times per season, and that fewer than 12 players in a year 
would receive them.\362\
---------------------------------------------------------------------------
    \357\ Id.
    \358\ Id.
    \359\ Id.
    \360\ Id.
    \361\ Id.
    \362\ Id.
---------------------------------------------------------------------------
    Dr. B.J. Mycoskie stated he gave B-12 shots to both Rafael 
and Lynn Palmeiro.\363\ Dr. B.J. Mycoskie's recollection was 
that the shots took place in 2003 at spring training in 
Arizona.\364\ Dr. B.J. Mycoskie indicated that Mr. Palmeiro 
would come to him and discuss getting a B-12 shot.\365\ Dr. 
B.J. Mycoskie stated that he did not recall giving Mr. Palmeiro 
B-12 shots during Mr. Palmeiro's first tenure with the 
Rangers.\366\
---------------------------------------------------------------------------
    \363\ Id.
    \364\ Id.
    \365\ Id.
    \366\ Id.
---------------------------------------------------------------------------
    Dr. B.J. Mycoskie recalled that he was never worried about 
B-12 contamination because all syringes were individually 
packaged and sealed and the team received the B-12 from one 
drug supplier in California.\367\
---------------------------------------------------------------------------
    \367\ Id.
---------------------------------------------------------------------------
            ii. Interview with Dr. Mike Mycoskie
    On September 26, 2005, Committee staff conducted a 
telephone interview with Dr. Mike Mycoskie.\368\ Dr. Mike 
Mycoskie is an orthopedic surgeon who was formerly on the 
medical staff of the Texas Rangers.\369\ Dr. Mike Mycoskie 
began as a medical consultant for the Rangers in 1981 and 
became the medical director in approximately 1985.\370\ In 
1996, Mike Mycoskie returned to being a medical consultant. He 
stopped working for the Rangers in 2003.\371\ Dr. Mike Mycoskie 
is the son of Dr. B.J. Mycoskie.\372\
---------------------------------------------------------------------------
    \368\ Telephone interview with Dr. Mike Mycoskie, supra note 352.
    \369\ Id.
    \370\ Id.
    \371\ Id.
    \372\ Id. Telephone interview with Dr. B.J. Mycoskie, supra note 
352.
---------------------------------------------------------------------------
    Dr. Mike Mycoskie stated he did provide B-12 shots to 
players, a couple times per year.\373\ He explained that the B-
12 shot requests were always initiated by the players and no 
more than a handful of players would request the shots each 
season.\374\ Dr. Mike Mycoskie stated that he is sure that he 
provided Mr. Palmeiro with a B-12 shot.\375\
---------------------------------------------------------------------------
    \373\ Telephone interview with Dr. Mike Mycoskie, supra note 352.
    \374\ Id.
    \375\ Id.
---------------------------------------------------------------------------
    Dr. Mike Mycoskie stated that he never had professional 
concerns or suspicions that Mr. Palmeiro was taking steroids 
because Mr. Palmeiro did not have the body type of a steroid 
user.\376\
---------------------------------------------------------------------------
    \376\ Id.
---------------------------------------------------------------------------
            iii. Interview with Dr. David Hunter
    On September 23, 2005, Committee staff conducted a 
telephone interview of Dr. David Hunter.\377\ Dr. Hunter began 
working with the Texas Rangers in 1981 as an internal medicine 
consultant.\378\ In the mid 1980's, Dr. Hunter became the 
primary internist for the Rangers.\379\
---------------------------------------------------------------------------
    \377\ Telephone interview with Dr. David Hunter, supra note 352.
    \378\ Id.
    \379\ Id.
---------------------------------------------------------------------------
    Dr. Hunter explained that he did see every player, and had 
no recollection of treating Mr. Palmeiro for a significant 
illness during either of Mr. Palmeiro's tenures with the 
Rangers.\380\ Dr. Hunter stated that he did not treat Mr. 
Palmeiro's family, as he tends to not treat the players' 
families.\381\ According to Dr. Hunter, he never gave Mr. 
Palmeiro any oral or injectable vitamins during either of Mr. 
Palmeiro's tenures with the Rangers.\382\
---------------------------------------------------------------------------
    \380\ Id.
    \381\ Id.
    \382\ Id.
---------------------------------------------------------------------------
    Dr. Hunter did not recall Mr. Palmeiro ever asking for B-
12.\383\ Dr. Hunter stated that he was aware that players 
periodically received B-12 shots and that he would assume Mr. 
Palmeiro received B-12 shots.\384\ Dr. Hunter said that Dr. 
B.J. Mycoskie would give the B-12 shots and that Dr. B.J. 
Mycoskie had more interaction with the players than Dr. 
Hunter.\385\
---------------------------------------------------------------------------
    \383\ Id.
    \384\ Id.
    \385\ Id.
---------------------------------------------------------------------------
    Dr. Hunter said his reaction to learning that Mr. Palmeiro 
tested positive for steroids ranged from shock and disbelief to 
anger and sadness.\386\ Dr. Hunter said Mr. Palmeiro's positive 
test result was the last thing in the world he thought would 
happen.\387\
---------------------------------------------------------------------------
    \386\ Id.
    \387\ Id.
---------------------------------------------------------------------------
            iv. Interview with Jamie Reed
    On September 16, 2005, Committee staff conducted a 
telephone interview of Jamie Reed. Mr. Reed is the head 
athletic trainer for the Texas Rangers.\388\ Mr. Reed began 
serving his role with the Rangers in 2003.\389\ He also served 
as the Baltimore Orioles assistant trainer from 1989-1996.\390\
---------------------------------------------------------------------------
    \388\ Telephone interview with Jamie Reed, supra note 352.
    \389\ Id.
    \390\ Id.
---------------------------------------------------------------------------
    Mr. Reed said that he was familiar with players receiving 
B-12 injections while with the Rangers.\391\ He stated that he 
did not recall a specific request from Mr. Palmeiro for B-
12.\392\ Mr. Reed explained that as the athletic trainer, he 
was not permitted to prescribe medicines or give injections to 
players.\393\
---------------------------------------------------------------------------
    \391\ Id.
    \392\ Id.
    \393\ Id.
---------------------------------------------------------------------------
    With regard to the time that Mr. Palmeiro and Mr. Reed were 
in Baltimore together (1994-1996), Mr. Reed stated that he did 
not personally observe Mr. Palmeiro taking steroids.\394\ In 
addition, Mr. Reed recalled that he never had a discussion with 
anyone who claimed to have personal knowledge of Mr. Palmeiro 
taking steroids.\395\ In addition, Mr. Reed stated he never had 
a professional reason that led him to believe that Mr. Palmeiro 
might be taking steroids.\396\ Mr. Reed said that he did not 
suspect that Mr. Palmeiro was taking steroids because Mr. 
Palmeiro's body size was consistent when he played in Baltimore 
and in Texas.\397\
---------------------------------------------------------------------------
    \394\ Id.
    \395\ Id.
    \396\ Id.
    \397\ Id.
---------------------------------------------------------------------------
            v. Interview with Dan Wheat
    On September 15, 2005, Committee staff conducted a 
telephone interview of Dan Wheat.\398\ Mr. Wheat began working 
for the Texas Rangers as an assistant athletic trainer in 
1985.\399\ In 1991, Mr. Wheat was promoted to head athletic 
trainer.\400\ Mr. Wheat left the Rangers in 2002.\401\
---------------------------------------------------------------------------
    \398\ Telephone interview with Dan Wheat, supra note 352.
    \399\ Id.
    \400\ Id.
    \401\ Id.
---------------------------------------------------------------------------
    Mr. Wheat stated that athletic trainers were not permitted 
to give injections to players.\402\ The trainers would 
distribute over-the-counter and prescription medications to 
players per the team doctors' requests.\403\
---------------------------------------------------------------------------
    \402\ Id.
    \403\ Id.
---------------------------------------------------------------------------
    Mr. Wheat recalled that B-12 shots were frequently 
administered to players, but could not recall which players 
received the shots.\404\ He said that players typically 
received the shots two or three times throughout the year.\405\ 
Mr. Wheat said players took B-12 because they believed the 
vitamin made them feel better and gave them a boost.\406\
---------------------------------------------------------------------------
    \404\ Id.
    \405\ Id.
    \406\ Id.
---------------------------------------------------------------------------
    Mr. Wheat was also asked about the use of steroids and 
amphetamines by players on the Rangers.\407\ He stated that he 
suspected that some players might have used steroids, but felt 
that the use of amphetamines was ``prevalent.'' \408\ He would 
frequently hear players say things like ``Who's got 'em?'' and 
``I need another one'' in reference to amphetamines.\409\ He 
related an anecdote involving ``greenies,'' a name for 
amphetamines.\410\ He once asked a player, ``Of the nine 
players on the field, how many took greenies today?'' \411\ The 
answer from the players was ``eight.'' \412\ Mr. Wheat 
indicated that the use of amphetamines remained prevalent 
throughout his tenure as trainer, and that he thought that 
amphetamine use in Major League Baseball was an even bigger 
problem than steroid use.\413\
---------------------------------------------------------------------------
    \407\ Id.
    \408\ Id.
    \409\ Id.
    \410\ Id.
    \411\ Id.
    \412\ Id.
    \413\ Id.
---------------------------------------------------------------------------
    Another player interviewed by Committee staff also 
indicated that amphetamine use may be prevalent and accepted in 
MLB.\414\ Regarding amphetamine use in Major League Baseball, 
he stated that ``I am sure different guys have,'' noting that 
``it is part of the baseball world.'' He also related that he 
stays away from the coffee in the clubhouse because of concerns 
that players have spiked the coffee with amphetamines. He 
indicated that he is ``sure'' that players have spiked it in 
the past, that ``they don't think it is anything big,'' and 
that ``in my . . . career, I can guarantee you there has [sic] 
been players, when a team is struggling or a team is going 
through a bad streak, they will spike the coffee.'' Although he 
indicated that these concerns were ``pretty much'' restricted 
to the era before MLB drug testing, he stated that ``it still 
happens'' today and that players are unaware of the risk.
---------------------------------------------------------------------------
    \414\ This player's identity will not be disclosed.
---------------------------------------------------------------------------
H. Jose Canseco's Allegations
    In February 2005, Jose Canseco published Juiced: Wild 
Times, Rampant 'Roids, Smash Hits, and How Baseball Got 
Big.\415\ In his book, Mr. Canseco writes of the 1992-1993 
season during which he played for the Texas Rangers, along with 
teammates Rafael Palmeiro, Ivan Rodriguez, and Juan 
Gonzalez.\416\
---------------------------------------------------------------------------
    \415\ Canseco, supra note 10.
    \416\ Id. at 131-36. Mr. Canseco, Mr. Palmeiro, Mr. Rodriquez, and 
Mr. Gonzalez played on the Texas Rangers together during the 1992-1993 
season.
---------------------------------------------------------------------------
    Mr. Canseco wrote:

        I sat down with Rafael Palmeiro, Juan Gonzalez, and 
        Ivan Rodriguez, and educated them about steroids. Soon 
        I was injecting all three of them. I personally 
        injected each of those three guys many times, until 
        they became more familiar with how to use a needle and 
        were able to do it themselves.\417\
---------------------------------------------------------------------------
    \417\ Canseco, supra note 10, at 133.

           *         *         *         *         *

---------------------------------------------------------------------------
        Palmeiro, Gonzalez, and Ivan Rodriguez all started 
        asking me a lot of questions about steroids soon after 
        I joined the Rangers.\418\
---------------------------------------------------------------------------
    \418\ Id. at 135.

    In addition, Mr. Canseco wrote that the players were on a 
``combination of growth hormone and steroids--mostly Deca and 
Winstrol.'' \419\ Winstrol is another name for stanozolol, the 
steroid detected in Mr. Palmeiro's urine.\420\
---------------------------------------------------------------------------
    \419\ Id.
    \420\ Letter from Gary I. Wadler, clinical associate professor of 
medicine at New York University School of Medicine, to Tom Davis, 
chairman, House Committee on Government Reform (Oct. 27, 2005).
---------------------------------------------------------------------------
            i. Correspondence with Jose Canseco
    On October 24, 2005, Chairman Davis and Representative 
Waxman sent a letter to Jose Canseco, via Mr. Canseco's 
attorney, Robert Saunooke.\421\ The letter requested that Mr. 
Canseco ``take this opportunity to share with the Committee any 
additional information or evidence you may have regarding Mr. 
Palmeiro and any allegations of his steroid use.'' \422\
---------------------------------------------------------------------------
    \421\ Letter from Chairman Tom Davis and Ranking Member Henry A. 
Waxman, House Committee on Government Reform, to Jose Canseco (Oct. 24, 
2005).
    \422\ Id.
---------------------------------------------------------------------------
    On October 28, 2005, Mr. Saunooke responded in writing to 
Chairman Davis on Mr. Canseco's behalf.\423\ Mr. Saunooke 
wrote:
---------------------------------------------------------------------------
    \423\ Letter from Jose Canseco, to Chairman Tom Davis and Ranking 
Member Henry A. Waxman, House Committee on Government Reform (Oct. 28, 
2005).

        Mr. Canseco has no additional information or knowledge 
        other than that which is set forth in his book . . . 
        regarding use by Rafeal [sic] Palmeiro. Mr. Canseco 
        stands behind the statements in his book, the timing 
        during which the events took place as set forth in his 
        book, and his prior statements to the Committee during 
        the hearings of March 17, 2005.\424\
---------------------------------------------------------------------------
    \424\ Id.
---------------------------------------------------------------------------
            ii. Interview with Ivan Rodriguez
    Ivan Rodriguez and Mr. Palmeiro played on the Texas Rangers 
together from 1991-1993 and 1999-2002. Because of the length of 
time the two men played together and the allegations by Jose 
Canseco, Committee staff interviewed Mr. Rodriguez. This 
interview was conducted on October 18, 2005.\425\
---------------------------------------------------------------------------
    \425\ Telephone interview by House Committee on Government Reform 
staff with Ivan Rodriguez, former Texas Ranger, in Washington, DC (Oct. 
18, 2005) [hereinafter telephone interview with Ivan Rodriguez].
---------------------------------------------------------------------------
    Mr. Rodriguez was asked about his knowledge of steroid use 
by Mr. Palmeiro. Mr. Rodriguez stated that during their playing 
time together, he had no personal knowledge of Mr. Palmeiro 
taking steroids.\426\ Mr. Rodriguez stated he was never 
approached by anyone else who had personal knowledge of Mr. 
Palmeiro taking steroids.\427\ Mr. Rodriguez explained that he 
never had personal reasons to suspect that Mr. Palmeiro was 
taking steroids.\428\
---------------------------------------------------------------------------
    \426\ Id.
    \427\ Id.
    \428\ Id.
---------------------------------------------------------------------------
    Mr. Rodriguez was asked about the portions of Jose 
Canseco's book, Juiced, which referred to events that allegedly 
occurred when Mr. Rodriguez, Mr. Palmeiro, Juan Gonzalez, and 
Mr. Canseco played together for the Texas Rangers.\429\ Mr. 
Rodriguez said Mr. Canseco and Mr. Palmeiro had a relationship 
in the field because they were teammates.\430\ Mr. Rodriguez 
stated that he never heard Mr. Canseco and Mr. Palmeiro talk 
about any subject other than baseball.\431\ Mr. Rodriguez said 
that he never heard Mr. Canseco and Mr. Palmeiro talking about 
steroids. Mr. Rodriguez stated that he never saw Mr. Canseco 
inject Mr. Palmeiro.\432\
---------------------------------------------------------------------------
    \429\ Mr. Rodriguez was not asked about allegations surrounding his 
own personal steroid use, as such questions fell outside the scope of 
the committee's investigation.
    \430\ Telephone interview with Ivan Rodriguez, supra note 425.
    \431\ Id.
    \432\ Id.
---------------------------------------------------------------------------
            iii. Interview with Juan Gonzalez
    Juan Gonzalez and Mr. Palmeiro played on the Texas Rangers 
together from 1991-1993, in 1999, and from 2002-2003. Because 
of the length of time the two men played together and the 
allegations by Jose Canseco, Committee staff interviewed Mr. 
Gonzalez. This interview was conducted on October 4, 2005, by 
telephone.\433\
---------------------------------------------------------------------------
    \433\ Telephone interview by House Committee on Government Reform 
staff with Juan Gonzalez, former Texas Ranger, in Washington, DC (Oct. 
4, 2005) [hereinafter telephone interview with Juan Gonzalez].
---------------------------------------------------------------------------
    Mr. Gonzalez stated that he first met Mr. Palmeiro at 
spring training in 1990.\434\ Mr. Gonzalez said he and Mr. 
Palmeiro were friends and would talk like teammates and that 
the two did not socialize outside of the clubhouse.\435\
---------------------------------------------------------------------------
    \434\ Id.
    \435\ Id.
---------------------------------------------------------------------------
    Mr. Gonzalez was asked about his knowledge of steroid use 
by Mr. Palmeiro. Mr. Gonzalez stated that during their playing 
time together, he had no personal knowledge of Mr. Palmeiro 
taking steroids.\436\ Mr. Gonzalez stated he was never 
approached by anyone else who had personal knowledge of Mr. 
Palmeiro taking steroids.\437\ Mr. Gonzalez explained that he 
never had personal reasons to suspect that Mr. Palmeiro was 
taking steroids.\438\
---------------------------------------------------------------------------
    \436\ Id.
    \437\ Id.
    \438\ Id.
---------------------------------------------------------------------------
    Mr. Gonzalez was asked about the portions of Jose Canseco's 
book, Juiced.\439\ Mr. Gonzalez said he never saw Mr. Canseco 
talk to Mr. Palmeiro about steroids.\440\ Mr. Gonzalez stated 
that he never saw Mr. Canseco inject Mr. Palmeiro. Mr. Gonzalez 
recalled that Mr. Canseco never told him that Mr. Canseco gave 
Mr. Palmeiro steroids or that Mr. Canseco injected Mr. Palmeiro 
with steroids.\441\ Mr. Gonzalez said he only heard Mr. 
Palmeiro and Mr. Canseco talk about baseball, and that Mr. 
Palmeiro and Mr. Canseco were from the same country, so they 
spoke casually to each other and were professional.\442\ Mr. 
Gonzalez stated that he did not know if Mr. Palmeiro and Mr. 
Canseco socialized outside of the clubhouse.\443\
---------------------------------------------------------------------------
    \439\ Mr. Gonzalez was not asked about allegations surrounding his 
own personal steroid use, as such questions fell outside the scope of 
the committee's investigation.
    \440\ Telephone interview with Juan Gonzalez, supra note 433.
    \441\ Id.
    \442\ Id.
    \443\ Id.
---------------------------------------------------------------------------
            iv. Other Evidence \444\
---------------------------------------------------------------------------
    \444\ Tracy Ringolsby, Piedra's Take on Palmeiro: ``We All Make 
Mistakes,'' Rocky Mountain News (Denver, Co.), Aug. 3, 2005, at 5C. The 
article indicated that Jorge Piedra of the Colorado Rockies was an off-
season workout partner of Mr. Palmeiro's. Like Mr. Palmeiro, Mr. Piedra 
was suspended by Major League Baseball (on Apr. 11, 2005) for violation 
of the MLB drug policy. Because of his alleged relationship with Mr. 
Palmeiro and the fact that each had a positive drug test in 2005, 
committee staff interviewed Mr. Piedra by telephone on Sept. 12, 2005. 
Telephone interview with Jorge Piedra, baseball player for the Colorado 
Rockies, in Washington, DC (Sept. 12, 2005). Mr. Piedra stated that in 
the 2003-2004 off season, he worked out at the Fast Twitch Sports 
Training Center in Southlake, TX. (Id.) He indicated that Mr. Palmeiro 
worked out at the same facility six to eight times while Mr. Piedra was 
there. (Id.) Mr. Piedra indicated that his interaction with Mr. 
Palmeiro was limited. (Id.) Mr. Piedra stated that Mr. Palmeiro knew he 
was a ballplayer and would say hello; that the two exchanged small talk 
a few times about family and where they would practice hitting; and 
that the two have not spoken to each other since, except when their 
teams, the Rockies and the Orioles, played against each other. (Id.) 
Mr. Piedra indicated that at these games, Mr. Palmeiro recognized Mr. 
Piedra and exchanged a short greeting. (Id.) During the committee's 
interview of Mr. Palmeiro, he stated that he participated in an off 
season workout at the Fast Twitch facility in Southlake, TX during the 
2003-2004 off season. Interview with Rafael Palmeiro, baseball player 
for the Baltimore Orioles, in Washington, DC, 11-14 (Aug. 25, 2005). 
Mr. Palmeiro indicated that he did not know Mr. Piedra, did not 
remember his name, (Id. at 12) and did not know if he trained with Mr. 
Piedra (Id. at 12).
---------------------------------------------------------------------------
    Representatives for Mr. Palmeiro provided information to 
the Committee in support of Mr. Palmeiro's assertion that his 
positive drug test was due to contaminated B-12. On August 12, 
2005, Mr. Palmeiro's attorneys provided a letter from Dr. 
Ronald Maugham, of Loughborough University.\445\ This letter 
spoke to the general issue of contaminated nutritional 
supplements, indicating that contamination of such supplements 
by steroids had occurred in the past. Dr. Maugham stated that 
he was unaware of any cases of contamination of supplements by 
stanozolol.\446\ He also, however, provided no evidence 
indicating that B-12 had ever been contaminated by stanozolol 
or any other steroid.\447\
---------------------------------------------------------------------------
    \445\ Letter from Ron Maughan, Ph.D. FACSM, Loughborough University 
to Adam C. Sloane, attorney for Rafael Palmeiro (Aug. 11, 2005).
    \446\ Id.
    \447\ Id.
---------------------------------------------------------------------------
    Mr. Palmeiro's representatives sent a second letter to the 
Committee on September 6, 2005.\448\ This letter, from Dr. 
Milton S. Pinedo, the president of the Dominican Federation of 
Sports Medicine, stated that Dr. Pinedo had seen cases in the 
Dominican Republic where B-12 had been deliberately mixed with 
steroids.\449\ This letter provided no specific information on 
the contamination or deliberate mixture of B-12 with 
stanozolol.\450\
---------------------------------------------------------------------------
    \448\ Letter from Milton S. Pinedo, M.D., president of the 
Dominican Federation of Sports Medicine, to Adam C. Sloane, attorney 
for Rafael Palmeiro (Aug. 25, 2005).
    \449\ Id.
    \450\ Id.
---------------------------------------------------------------------------
    Committee staff consulted with WADA, the U.S. Anti Doping 
Agency [USADA], and an independent expert on steroids, Dr. Gary 
Wadler, of the New York University School of Medicine, 
regarding vitamin B-12 contamination. WADA and USADA confirmed 
for Committee staff that the organizations had never seen a 
case in which a positive steroid test was caused by 
contaminated B-12, or a case where an athlete claimed that his 
or her steroid exposure was due to contaminated vitamin B-12, 
or the deliberate mixing of vitamin B-12 and steroids.\451\ Dr. 
Wadler also informed Committee staff that he had never seen 
such a case.\452\
---------------------------------------------------------------------------
    \451\ E-mail from Elizabeth Hunter, director of communication, 
World Anti-Doping Agency, to House Committee on Government Reform staff 
(Nov. 9, 2005, 07:32 EST) (on file with House Committee on Government 
Reform). E-mail from Travis Tygart, general counsel, U.S. Anti-Doping 
Agency, to House Committee on Government Reform staff (Nov. 7, 2005, 
21:45:29 EST) (on file with House Committee on Government Reform).
    \452\ Letter from Gary I. Wadler, clinical associate professor of 
medicine at New York University School of Medicine, to Tom Davis, 
chairman, House Committee on Government Reform (Nov. 9, 2005).
---------------------------------------------------------------------------
    As part of the investigation, Committee staff inquired 
about the use of B-12. The Committee staff determined that B-12 
in injectable form can legally be obtained only via 
prescription.\453\ The only approved use of this drug is to 
treat patients with pernicious anemia and similar conditions 
resulting in B-12 deficiencies.\454\ There is no medical 
evidence that vitamin B-12 improves the well-being of 
individuals who do not suffer from B-12 deficiencies.\455\
---------------------------------------------------------------------------
    \453\ Memorandum from Congressional Research Service, Vitamin 12 
Therapy, (Nov. 4, 2005).
    \454\ Id.
    \455\ Id.
---------------------------------------------------------------------------

                              IV. Findings

    The Committee will not make a perjury referral to the 
Department of Justice. A referral for perjury is a serious 
step. The evidence before the Committee is insufficient to 
merit a perjury referral.
    Mr. Palmeiro's urine sample that tested positive for 
stanozolol was collected on May 4, 2005. Based on the detection 
windows for stanozolol, which are as long as 4 weeks, the 
Committee is unable to conclude that Mr. Palmeiro took--either 
purposefully or inadvertently--the stanozolol that resulted in 
his positive test result before March 17, 2005, the date of his 
congressional testimony.
    During his interview with Committee staff, Mr. Palmeiro 
stated that his best guess as to what caused his positive 
steroid test was his use of liquid B-12. The Committee obtained 
no evidence indicating that B-12 has ever been inadvertently 
contaminated with stanozolol. The vial of B-12 provided to Mr. 
Palmeiro by Mr. Tejada was discarded by Mrs. Palmeiro. However, 
two bottles of B-12 were provided to the Players Association by 
Mr. Tejada. Neither sample was contaminated with stanozolol. 
During the Committee staff's interview of Player A, he stated 
he had a remaining vial of B-12 provided to him by Mr. Tejada 
in May 2005. Player A gave to the Committee the remainder of 
the vial of B-12. This bottle was tested, and also contained no 
stanozolol.
    During the 2005 season, Mr. Tejada and Player A both 
injected B-12 purchased by Mr. Tejada and neither tested 
positive for steroids under MLB's testing program. Based on 
this information, the interviews with Miguel Tejada and Player 
A, and the analysis run on the vial of B-12 provided to Player 
A by Mr. Tejada, the Committee is unable to determine whether 
the B-12 provided to Mr. Palmeiro by Mr. Tejada contained 
stanozolol.
    In his book, Jose Canseco alleged that he personally taught 
Mr. Palmeiro how to take steroids and injected Mr. Palmeiro 
with steroids. Mr. Palmeiro denied these allegations. In 
addition, Ivan Rodriguez and Juan Gonzalez, both teammates of 
Mr. Canseco and Mr. Palmeiro, and both of whom Mr. Canseco 
alleged were present during Mr. Palmeiro's steroid use, stated 
they have no personal knowledge of Mr. Palmeiro taking 
steroids. Mr. Canseco was given the opportunity to provide the 
Committee with additional information regarding Mr. Palmeiro's 
steroid use, as Mr. Canseco's book, Juiced, does not provide 
dates and contains general, rather than specific descriptions 
of Mr. Palmeiro's alleged steroid use. Mr. Canseco chose not to 
elaborate further on the general information in his book.
    The Committee staff also interviewed current and former 
teammates, trainers, and team physicians regarding knowledge of 
Mr. Palmeiro's steroid use. The individuals who were 
interviewed stated they had no personal knowledge or 
information from any other source that Mr. Palmeiro took 
steroids.
    In the absence of specific evidence that Mr. Palmeiro took 
steroids prior to March 17, 2005, the Committee will not be 
referring the matter to the Department of Justice for a 
possible perjury prosecution.

                            V. Other Matters

    During this investigation, the Committee learned of 
information relevant to the policy debate in Congress about the 
need for Federal standards for performance-enhancing drug 
testing in professional sports.
    First, the Committee learned that the problem of 
performance enhancing drugs in Major League Baseball may not be 
restricted to steroids. The Committee heard from two 
witnesses--Dan Wheat and a player interviewed as part of the 
investigation--about the use of amphetamines in Major League 
Baseball. Mr. Wheat indicated that the use of amphetamines was 
prevalent, and that amphetamines were an even bigger problem in 
Major League Baseball than steroids. The player who was 
interviewed indicated that they were used by a number of 
players, and that their use was widely accepted and considered 
``part of the baseball world.'' He also indicated that on at 
least one occasion in his career, players had spiked clubhouse 
coffee with amphetamines.
    Second, the testimony of two players--Mr. Palmeiro and 
Player A--raised questions about the integrity of MLB's testing 
program collection procedures. Pursuant to MLB's testing 
program, if a player is unable to provide a sample, the player 
may be given ``an hour'' to attempt another sample.\456\ In 
addition, the collector ``may have to stay 1 hour after the end 
of the game to collect an adequate sample.'' \457\ However, 
both Mr. Palmeiro and Player A told Committee staff that on the 
day they were informed they would be tested under the MLB 
testing program, they were given a window of several hours 
between the time they were notified and the time they were 
required to take the test. During this time, they were 
unsupervised, and able to come and go from the locker room and 
other areas as they pleased. It is the Committee's 
understanding that any additional time given to players to 
provide a urine sample, is based upon the player being unable 
to provide an adequate sample, not based upon the player 
choosing to provide his sample at a later time. The time 
between notification and sample collection provides 
opportunities for players to cheat on their drug tests--either 
by taking masking agents to avoid the detection of steroids in 
their urine or by more invasive methods.
---------------------------------------------------------------------------
    \456\ MLB testing program, supra note 44, at Addendum A.
    \457\ Id.
---------------------------------------------------------------------------

                                  

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