Steroid penalties much tougher with agreement

Updated: November 15, 2005, 11:29 PM ET
Associated Press

WASHINGTON -- Baseball commissioner Bud Selig got the tougher drug policy that he wanted and Congress demanded. Now a player who fails a steroid test will miss nearly a third of the season instead of a little more than a week.

New steroids testing agreement at a glance
A glance at Tuesday's drug-testing agreement between baseball players and owners:

Steroid Penalties
• First positive test -- 50-game suspension, up from 10 days.
• Second positive test -- 100-game suspension, up from 30 days.
• Third positive test -- Lifetime ban, with player having right to apply for reinstatement after two years and an arbitrator being able to review reinstatement decision. Under the previous agreement, the earliest a player could be suspended for life was for a fifth positive test.
• In addition, a conviction for possession carries a 60-to-80 game penalty, while a second offense carries a 120-game to one-year penalty. A third offense nets the offender a lifetime ban. If a player is convicted for distribution, he will be suspended 80-to-100 games, while a second offense equals a lifetime ban.

Amphetamine Penalties
(There was no testing for amphetamines in previous agreement)
• First positive test -- Mandatory additional testing.
• Second positive -- 25-game suspension.
• Third positive -- 80-game suspension.
• Fourth positive -- Commissioner's discretion, with an arbitrator being able to review.
• In addition, a conviction for possession carries a 15-to-30 game penalty, while a second offense carries a 30-to-90 game penalty. A third offense nets the offender a one-year ban, while a fourth offense equals punishment at commissioner's discretion. If a player is convicted for distribution, he will be suspended 60-to-90 games, while a second offense equals a two-year ban and punishment for a third offense is commissioner's discretion.

Testing frequency
A player will be tested during spring training physicals and at least once during the regular season, with additional random testing. Under the previous agreement, each player was tested once from the start of spring training through the end of the regular season, with additional random testing. Both the new agreement and the previous deal provided for offseason testing.

Independent Administrator
A person not connected to management or the union will schedule and supervise the tests, which currently are administered by a join management-union committee.

-- The Associated Press contributed to this glance.

Spurred by the threat of legislation, baseball players and owners agreed Tuesday to tougher penalties for steroid use next season, including 50 games for a first offense, 100 games for a second, and a lifetime ban for a third, plus testing for amphetamines.

The sport's current penalties are a 10-day suspension for a first offense, 30 days for a second offense and 60 days for a third. The earliest a player could be banned for life is a fifth offense.

The new deal, which must be ratified by both sides, is almost exactly what Selig proposed in April -- one month after he and union head Donald Fehr were scolded at a House hearing.

"We've taken, in my opinion, a giant step forward. And it's a very, very proud day for baseball," Selig said. "I don't regard this as an interim step. I regard this as the completion of a long process."

Several bills that would increase steroid penalties across major U.S. pro sports are pending in Congress, and lawmakers would like to see other leagues follow baseball's lead. But Tuesday's news "stops the rush to move legislation through at this time," said Rep. Tom Davis, whose House Government Reform Committee held the March 17 hearing on steroids.

The witnesses that day included Rafael Palmeiro -- who testified he had never used steroids, then was banned for 10 days after failing a test in May -- and the parents of a high school athlete who committed suicide after using steroids.

"Listening to the Donald Hooton story about how his son died because of steroids really, really got to me. And I remember that very lonely night, getting on a plane ... the more I thought of that story, I cried," Selig said. "And I made up my mind that night that this sport wasn't going to rest until it had taken what I felt and what all of us felt was the appropriate action."

In April, he made a 50-100-lifetime proposal and suggested testing for amphetamines for the first time. In September, Fehr countered with 20 games, 75 games and, for a third offense, a penalty set by the commissioner.

The players' association appeared to pretty much capitulate to Selig's demands, except for gaining the right to have an arbitrator review reinstatement decisions. A player can seek to return to the game two years after being banned for life.

"This agreement reaffirms that major league players are committed to the elimination of performance-enhancing substances," Fehr said in a statement.

National League MVP Albert Pujols supported the tougher punishments.

"If you get caught the third time, you definitely need to be thrown out of baseball," the St. Louis Cardinals first baseman said. "If you get caught the third time, it means you're not learning the lesson."

While boosting strength, steroids can lead to dramatic mood swings, heart disease and cancer; using most steroids without a doctor's prescription for medical purposes has been illegal since 1991.

While officials from various sports were called to a series of congressional hearings, lawmakers focused on baseball.

As recently as 2002, players weren't tested for steroids at all unless there was cause. As recently as 2004, there was no suspension for a first offense. And as recently as March, Selig could fine a player who failed a steroid test $10,000 instead of suspending him for 10 days.

Under the new deal, a first positive test for amphetamines will lead to mandatory additional testing, a second offense will draw a 25-game suspension, and a third offense will get 80 games. A player will be tested during spring training and at least once in the regular season, plus could face other random tests. The old agreement called for a minimum of one test from the start of spring training through the regular season.

Palmeiro and the 11 other players suspended for 10 days this year would be treated as first-time offenders should they test positive again. The new deal could run for several years, until the expiration of the sport's next collective bargaining agreement, which won't be negotiated until next year.

Sen. Jim Bunning, R-Ky., and Sen. John McCain, R-Ariz., introduced a Senate bill calling for a two-year ban followed by a lifetime ban. But they changed that last week to a half-season ban for a first positive test, one season for a second and a lifetime penalty for a third; it would apply to baseball's major and minor leagues, the NFL, NBA and NHL.

In new drug policies that began this year, the NBA doubled its first penalty to 10 games, and the NHL instituted steroid testing for the first time, with a 20-game ban for a first offense.

"I and my colleagues will be watching very closely, and if things unravel, we still have tough legislation we can move through Congress," Bunning said.

Had there not been an agreement, Bunning predicted, the bill would have gone to a vote in the Senate on Tuesday night and passed. He said the legislation won't be withdrawn because he wants to "see what the other major league sports do."

Bunning, a Hall of Fame pitcher, was disappointed the new policy wouldn't erase records set with the help of performance-enhancing drugs.

Davis and his committee's ranking Democrat, Henry Waxman of California, said they have concerns about the agreement, including details of how testing would be carried out and whether designer steroids would be addressed.

Representatives of owners and players held meetings Tuesday with Bunning, Davis and Waxman to tell them about the agreement.

"It's fair to say -- and they told us -- that if it hadn't been for Congress looking at this issue, seriously concerned about it," Waxman said, "there would not have been the impetus for them to come together."


Copyright 2005 by The Associated Press

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