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SRES 335 ATS

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

April 8, 2004

Mr. MCCAIN (for himself, Mr. BIDEN, Mr. FITZGERALD, Mr. BREAUX, Mr. ALLEN, and Mr. DORGAN) submitted the following resolution; which was considered and agreed to

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

Whereas the sport of baseball is widely considered America's pastime and an institution inextricably interwoven into the fabric of our culture;

Whereas anabolic steroids are substances that are chemically and pharmacologically related to testosterone and promote muscle growth;

Whereas anabolic steroids are Schedule III controlled substances under the Controlled Substances Act (21 U.S.C. 801 et seq.);

Whereas certain products are sold legally in the United States that promote muscle growth in a manner similar to anabolic steroids;

Whereas medical experts warn that the health consequences associated with the human use of anabolic steroids or other similar performance-enhancing substances can be dire;

Whereas medical experts warn that anabolic steroids and other similar performance-enhancing substances can have particularly serious adverse health effects on children and teenagers;

Whereas these adverse health effects include stunted growth, scarring acne, hair loss, dramatic mood swings, hormonal imbalances, liver and kidney damage, a higher risk of heart disease and stroke later in life, as well as an increased propensity to demonstrate aggressive behavior, commit suicide, and commit crimes;

Whereas the dangerous and anti-competitive effects of anabolic steroids when used by Major League Baseball players were acknowledged but not adequately addressed by the 30 Major League Baseball clubs and the Major League Baseball Players Association in their September 30, 2002, Collective Bargaining Agreement;

Whereas the September 2002 Collective Bargaining Agreement does not allow for the imposition of a suspension or fine for a first-time violation of the League steroids policy;

Whereas the September 2002 Collective Bargaining Agreement does not allow Major League Baseball players to be subjected to more than one unannounced drug test per season;

Whereas the September 2002 Collective Bargaining Agreement does not prohibit the use of certain performance-enhancing substances that, although legal, promote muscle growth and pose a serious health risk to users;

Whereas notwithstanding the 2002 Collective Bargaining Agreement, the prevalence of the use by Major League Baseball players of anabolic steroids and other performance-enhancing substances that promote muscle growth and pose a serious health risk, at the very least, appears to be significant; and

Whereas the use of anabolic steroids and other performance-enhancing substances that promote muscle growth and pose a serious health risk to children and teenagers continues to rise: Now, therefore, be it

Resolved, That--

(1) the use of performance-enhancing substances such as anabolic steroids poses a health risk, especially to children and teenagers;

(2) the use of athletic performance-enhancing substances such as anabolic steroids to gain a competitive advantage is tantamount to cheating;

(3) there is sufficient evidence that children and teenagers tend to emulate professional athletes;

(4) the effectiveness of the 2002 Collective Bargaining Agreement to deter Major League Baseball players from using performance-enhancing substances such as anabolic steroids has been called into question;

(5) Major League Baseball and its players should exercise their collective bargaining authority to negotiate and adopt a more stringent drug-testing policy that is sufficient to effectively deter Major League Baseball players from using anabolic steroids or other similar performance-enhancing substances to gain a competitive advantage; and

(6) taking such a step would help--

(A) to preserve the integrity of the game of professional baseball;

(B) to protect the health of Major League Baseball players; and

(C) to discourage the use of performance-enhancing substances such as anabolic steroids by children and teenagers who seek to emulate professional athletes.

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