1 Kevin Fenger Congress, Baseball, and Steroids Introduction The national pastime has withstood the tracks of time, to transcend into a multibillion dollar industry. From Shoeless Joe Jackson, to Jackie Robinson and Satchel Paige, Pete Rose, and Barry Bonds the game has seen its fair share of controversies. Gambling, the race barrier, lifetime bans, and the issue of performance enhancing drugs have haunted the game that brings in massive revenues. With the controversies, change has also graced the game of baseball. Changes have made the game of baseball more exciting, Jackie Robinson helped to bring minorities into the game, and allowed for many more to follow him. Other issues, one of which arose in the middle of the 1990s also severely contributed to a derogatory view towards the game. The invention and use of a drug called Androstenedione (Andro) changed the game dramatically. The increased money in baseball and the amount of cameras on players has prompted them to play at a much higher level than they did 20 years ago. The result was an era of steroids. At first, baseball ignored the problem, and many within the hierarchy of baseball knew exactly what was going on. The steroid use was not secret, players knew who was using, and many AAA players could not wait to get to “the show” to start using. There was nothing done to stop the problem and many just turned their heads the other way. The home run race vaulted baseball into more money, more viewership, and extensions on major contracts with ESPN. This gave them enough reason to play dumb to what was actually causing the massive power surge. With baseball doing nothing to combat the issue, Congress stepped in.
2 With steroid use on the rise, and baseball players in the media, something needed to be done. If Bud Selig, the Major League Baseball Commissioner and the rest of baseball were not going to do it, Senators including John McCain and Jim Bunning (a former Major League pitcher) were going to do the job for them, nearly six years after the magical home-run race of 1998. Senator John McCain called baseball a “fraud”. However, then Attorney General John Ashcroft put it this way: “Illegal steroid use calls into question not only the integrity of the athletes who use them but also the integrity of the sports those athletes play. Steroids are bad for sports, bad for players, bad for the young people who hold athletes up as role models.” Ashcroft challenged baseball and the world surrounding baseball. However, baseball did nothing but throw a curve ball at the problem. Thus Congress felt it needed to step in to this growing issue due to baseball’s inadequate response to steroid use and its unwillingness to stop the practice and punish players for using performance enhancing drugs. The Background and Indictment Steroids were first developed in the 1930s and were used for medicinal purposes, creating testosterone. Steroids are still used for medical purposes today, and have proved beneficial in treating many sorts of ailments. As early as the 1950s athletes caught on to their appeal. Weightlifters and Olympic athletes used them throughout the next two decades. The Olympic Committee placed a ban on these drugs in 1976, the same year they started to conduct testing. Since then numerous other agencies have put bans on steroids including the: NCAA (National Collegiate Athletic Association), NBA (National Basketball Association), and the NFL (National Football League) 1 . Major League Baseball, while having a ban on certain drugs, allowed many drugs including
3 Androstenedione go unnoticed. Andro as it was known, was used widely by the East Germans in the 1970s and 1980s, and was banned in the 1980s by the Olympics and the NFL 2 . But baseball was not ready to address the banning of Andro and the other drugs that existed, and would not address it until Congressional action was taken. However, there were a number of events in baseball, which led to the start of Congressional involvement in baseball’s steroid use policy. The “magical summer” of 1998 managed to shoot baseball back through the grandstands with one home run after another. Sammy Sosa and Mark McGwire were household names and millions of fans were tuning in their sets to catch a glimpse of the magic. As the summer drew on, the weather and the chase for Roger Maris’s single season home run record of 61 started to heat up. And sixty one became a magical number as Sosa and McGwire chased it to become the all-time single season home-run record holder. Major League Baseball owners were experiencing increased revenues and the baseball conglomerate was an overall happy group. However, light started to shine on the steroid issue as early as 1998. McGwire admitted to his use of Andro, which has adverse affects including baldness, acne, blindness, and other side affects that are present in typical steroids. The one difference Andro had was it was available over the counter. As McGwire’s use of Andro and creatine another legal performance enhancing drug became widely known, sales for the drugs soared 3 . This drug was available on store shelves all over the country, and was flying off as fast as store managers could get it in. Many physicians could not believe the drug even appeared on store shelves, due to its great dangers.
4 Consequently some people began to question both McGwire and Sosa’s surge of power as they approached Roger Maris’s record. But baseball and many of its fans turned their heads in the other direction. There was a sense of awe this race produced, and fans were eating it up. During the race, baseball produced special balls to be pitched to Sosa and McGwire during their at bats. Both McGwire and Sosa traded season tickets, batting practice, and other perks with the fans in return for the balls. All of this temporarily put off the moment of reckoning for steroids and baseball. San Francisco Giant slugger, Barry Bonds also wanted the spot light. He needed a way to top McGwire and Sosa’s homerun “achievements”. The ticket for this ride to the spot light included a new trainer, by the name of Greg Anderson and some allegedly “unknown” substances. In 1999 Bonds increased his workout regimen and allegedly left his trainer finding other drugs for him to try, in order to escalate his play to another level. But Bonds suffered defeat in the home run derby later that season to Jose Canseco, who later admitted his use of steroids. During the 2000 season Bonds belted 49 home runs, and found time to keep his chiseled body in shape, despite a grueling baseball schedule. He still found time for workouts or rather appointments with the needle…according to later accusations. Barry Bonds made Superman look small and was not the player he used to be; from a young Pirate to a strikingly huge Giant he had mesmerized the baseball world with his size and strength. Two thousand and one would bring Bonds the spotlight as he knocked 73 homeruns out of the ballpark breaking the single season home run record. The market price of Bonds’s rookie cards and other memorabilia escalated as each home run dropped over the walls in right, left, and center field. Baseball had another success on its hands,
5 as the fans hurried to the ball parks just to catch a glimpse of the man of the season. But very few were aware, or wanted to know that Bonds was taking performance enhancing drugs to succeed on the baseball diamond. However that information would leak out, and Bonds quickly learned the lesson that all good things earned cheaply must come to an end. As the BALCO (the clinic associated with administering drugs or later to be known as steroids to professional athletes) investigation was beginning to surface, Bonds’s baseball career started to head in the wrong direction. Greg Anderson took this opportunity to find ways around the drug tests, finding drugs that would not show up on Baseball’s steroid tests. He did this for many athletes including Gary Sheffield, Jason Giambi, and Barry Bonds 4 . In December of 2004 Bonds was subpoenaed to appear before a grand jury. ESPN provided footage and Bonds was being displayed as a steroid user. Records were being questioned, and asterisks surrounding all of the records produced during the Steroid Era were being heavily discussed. The controversy surrounding BALCO resulted in a massive investigation, which resulted in allegations against Bonds and others. Baseball and Bonds were in trouble, and Bud Selig (MLB Commissioner) was not doing much about it. Even if Selig had wanted to do anything about it, he was put in a stranglehold by the MLB Players Union and the MLB Baseball Owners. They were after all in charge of his employment as baseball commissioner 5 . But steroid use was on the rise in not only professional athletics, but also in high school athletics and collegiate athletics. Athletes were finding ways around the testing, and “chemists” like Greg Anderson were looking for the next miracle drug.
6 The BALCO case had stirred up public opinion, and top athletes outside of baseball including Olympic athletes Marion Jones (Sprinter), Kevin Toth (Shot Putter), CJ Hunter (Shot Putter), and John McEwen (Hammer Thrower) were being accused of steroid use. Several members of the NFL (National Football League) including: Bill Romanowski, Tyrone Wheatley, Barret Robbins, and Dana Stubblefield were being accused as well. The situation was not just confined to baseball. But baseball was lacking the testing processes that other athletic agencies had in place. Steroid use was rising amongst other ranks of athletics. Steroid use had jumped from five percent to six percent in just two years among high school athletes 6 . Baseball provided a public spectacle, which portrayed athletes getting ahead through the use of steroids. Hitting averages were up, fans were seeing a mirage of home runs, increased RBI’s (Runs batted in), and a higher scoring more exciting game of baseball. Attendance had risen from 50 million during the strike year of 1994 to well over 70 million, during, and immediately following the home run filled season of 1998 7 (Table1). The increased production at the plate resulted in increased revenues. Increased demand resulted in a 92.7 percent ticket price increase, rising from $8.64 in 1991 to $16.65 in 2000 8 . Revenues more than doubled from $1.3 billion in 1995 to $2.8 billion in 1999(Table 2). Sosa, McGwire, Bonds, and the home runs had brought people back to ballpark, and baseball was enjoying the ride. But with baseball doing little to govern this problem, it was time for Congress to step in. Government Involvement
7 Steroids in baseball finally earned a mention during the 2004 State of the Union address. During a time when concerns of Iraq were drastically raising, President George W. Bush found time in his speech to speak to the issue of steroids. To help children make right choices, they need good examples: Athletics play such an important role in our society, but unfortunately, some in professional sports are not setting much of an example. 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. So tonight I call on team owners, union representatives, coaches, and players to take the lead, to send the right signal, to get tough, and to get rid of steroids now. 9 The steroid issue in athletics had reached the pinnacle of politics and now the issue was reigning through American popular media. Questions were being raised, the government was getting involved, and baseball was about ready to face a huge test. With the increased public health risk and the dangers steroids subjected children to, Congress felt it needed to help curb the issue. Much like smoking in public places, steroid use and abuse gave government a chance to intervene in the private sector of professional sports. Smoking bans have been placed all over the United States in restaurants and bars, through the acts of government. The smoking was a detriment to public safety, and many state legislatures felt a need to intervene to help curb the problems second hand smoke was causing. Steroids brought the same public health issue to the table. For example: early in March 2005 five high school athletes in Madison, Connecticut, were arrested and charged with possessing steroids. "I know that children lionize these professional athletes. I want players to explain that it is hard work and practice that are important and not drug abuse," said Representative Tom Lantos (D, Cal) 10 . The portrayal of drugs being a ticket to the “show” was something many in Washington DC felt needed to be fixed. Major League
8 Baseball had added testing for steroids in 2002; however the first of these policies was rather weak. The tests were done anonymously, and included minor punishments and no public announcement until later positive tests 11 . They beefed up the penalties in January of 2005 as public opinion surrounding the topic was beginning to surface. Selig found a policy, which he thought would please the Player’s Union and Congress. However, the testing policies were not tough enough for Congress, or many fans. The first offense resulted in a 10-game suspension, a few games more than much less critical offenses, which may include missing a team practice or being late for a game. Many wanted baseball to stay the “National Pastime” including John McCain who said, “I believe baseball is the national pastime, and I think steroids are doing great damage to it, and in order for it to stay that way something needs to be done. 12 ” Congressional involvement was needed to get baseball to comply with stricter steroid testing policies. Backing up his sentiments and love for the game of baseball prompted Arizona Senator John McCain to do something about the issue of steroids. Senator John McCain took the lead in the Senate hearings, and wrote Senate Resolution 335, which was presented on April 8, 2004. The bill stated that Major League Baseball clubs and their players should take immediate action to adopt a drug-testing policy that effectively deters players from using anabolic steroids 13 . Baseball also provided an opportunity for Congress to stiffen the Controlled Substances Act. Without the publicity that steroids in sports was receiving, anabolic steroids would not have been added in the Anabolic Steroid Control Act of 2004. Consequently baseball was providing Congress an opportunity to strengthen policies in the War on Drugs.
9 Following Selig’s attempt to strengthen steroid testing, a former major leaguer Jose Canseco sped up the process towards more Congressional interaction, writing a very controversial book. Juiced Wild Times’, Rampant Roids, Smash Hits, and How Baseball got Big hit store shelves in February 2005. The book claimed it was hard to find many in baseball who were not using some sort of drug to get ahead. This helped produce a public stir, and a month after Canseco’s book appeared subpoenas were filed. They were filed due to the fact that Congress did not like the newly revamped steroid testing, presented by Bud Selig. The subpoenas were handed out to some of the biggest stars in baseball. This provided a giant bargaining point for Congress. After the hearings and plenty of denials from the players who were accused, including Mark McGwire who provided a testimony he would receive much public scrutiny over. McGwire pleaded the fifth and denied any “illegal” steroid use. This came despite his previous admittance of using Andro. Congressman Stephen Lynch a Democrat from Boston, said, “I would like to see baseball clean up its own mess, but after 12 hours I was convinced that it won’t. Bud Selig and that whole group need to snap out of their denial. 14 ” The legislation presented by McCain in response to these explosive hearings would prove to be quite valuable in forcing baseball to clean up its act. This bill was drafted after it was understood that Selig and the rest of baseball were not going to change the drug policy without some prodding. McCain threatened and gave baseball another chance after the January 2005 revamping; however he stated that if baseball did not clean up its act this time, he and other members of Congress would do it for them. Congress gave baseball an ultimatum, either fix the policy, or we will do it for baseball. Attendance had dipped a bit; nearly three million less tickets were sold during
10 2005 15 . Bud Selig took it upon himself to seize the moment, and look towards beefing Major League Baseball’s steroid policy. The Congressional Resolution and hearings had worked, and Selig went to work towards creating a new policy. Shortly after the March hearings, Selig and the Players Union created a new policy, which created a lifetime ban after the third positive steroid test. This was more along the lines of what Senator John McCain wanted to see with the new steroid policy. But left unanswered what should become of the recently broken records, during the era of steroids. Since the hearings steroid use amongst high school athletes is on the decline dropping to an all time low of four percent 16 . Secondly, Barry Bonds recently hit home run 742, bringing him within 13 home runs of the career record of 755 currently held by Hank Aaron. Will, if he succeeds in breaking the record, always have an asterisk to go with it? Will the fans ever accept the record? The decision is ultimately up to each of the fans of the game, however many will always note that he achieved this number, during an era of steroids, corruption, and cheating. And, like Mark McGwire and Sammy Sosa he will likely never be enshrined in the Major League Baseball Hall of Fame, despite numbers well deserving of the reward. Rafael Palmeiro a former baseball player and later a Viagra spokesperson was another victim of increased steroid testing, he tested positive for steroids in 2005. Despite having 3000 hits and 500 home runs, Palmeiro’s career will always be in question due to a positive steroid test. Since the exposure of steroids offensive numbers have dropped off steadily. In 2000 sixteen players hit 40 home runs, compared to nine players in 2005, and eleven in 2006 17 . The new policy, which Congress forced Bud Selig and baseball to implement,
must be working. The policy means business, 50 game suspension for a first offense, 100
11 game suspension for a second offense, and a Lifetime ban for the third offense. This policy results in a much bigger deterrent than what was in place before Congress stepped in. Congress helped baseball to create a more enjoyable game, one where cheating was not going to be tolerated. Future Involvement Congress should not have to intervene into baseball again, unless it is to help them create a new policy, which may help them govern themselves. While Congressional involvement was desperately needed due to the increased use of steroids amongst high school students and professional athletes, the involvement should not be necessary unless a problem arises that creates a public health problem. Congress gave baseball a chance to govern itself. Baseball is now conducting its own investigations. But if baseball deems insufficient in cleaning up steroids, future Congressional involvement may be needed. Conclusion Baseball waited for Congress to clean up its mess for them, and without the grand jury probe, or Jose Canseco’s book, little would have been done to create a public stir surrounding this issue and prompting the involvement of Congressional action. The involvement of Congress in this situation was desperately needed. Since then, baseball has enjoyed an increased attendance over the past two seasons, getting back to where it was following the magical summer of 1998. Players did not want their careers tainted by being subject to Congressional hearings. Congressional hearings at which many broadcasters including ESPN provided information surrounding the scandal were highly publicized. The hearings ruined McGwire, Sosa, Bonds, and numerous other athletes’
12 careers inside and outside of baseball. The whole situation damaged baseball and the image baseball projected to athletes all over the world. Due to this baseball needs to develop a new bargaining agreement, or a different set of policies to pick up where Congress left off and continue clean up the game. The current system puts too much pressure on Bud Selig, a policy, which involved former players, or current Hall of Famers ruling on issues may help keep government action unnecessary. Baseball needs to keep up with the medical technology as the next undetectable “miracle” drug may be just around the corner. Baseball is on the mend and with the right systems in place. It should be able to keep revenues up and fans happy. Stay tuned sports fans. Bibliography
1
University of Michigan Health Minute (2004). Steroid abuse not just an Olympic problem. Retrieved April, 2007, from http://www.med.umich.edu/opm/newspage/2004/hmsteroid.htm.
Williams, Lance & Fainaru, Mark (2006). Barry Bonds, BALCO, and the Steroids Scandal that Rocked Professional Sports (Game of Shadows). Selection (pp. 70). Toronto: Penguin Books Schrof, J & Koerner, B (1998). McGwire hits the pills. U.S. News & World Report (9/98, Vol. 125 Issue 9, p53, 2p, 4c) Williams, Lance & Fainaru, Mark (2006). Barry Bonds, BALCO, and the Steroids Scandal that Rocked Professional Sports (Game of Shadows). Selection (pp. 129-132). Toronto: Penguin Books Schmidt, M & Waggoner, G (2006). Clearing the Bases. Selection (pp. 187) New York: HarperCollins
6 5 4 3
2
Drug Facts – Steroids – Overview. White House Drug Policy. Retrieved April 2007 from: http://www.whitehousedrugpolicy.gov/drugfact/steroids/
7
Major League Baseball 1990-2006 attendance. Retrieved April 2007 from: www.ballparksofbaseball.com
13
8
Richard C. Levin, et al. The Report of the Independent Members of the Commissioner’s Blue Ribbon Panel on Baseball Economics (2005). Major League Baseball retrieved April 2007 from: http://www.mlb.com/mlb/downloads/
9
State of the Union Address, United States Capitol, George W. Bush http://www.whitehouse.gov/news/releases/2004/01/20040120-7.html
10
Greenfeld, K. et al. House Cleaning. Sports Illustrated (3/2005, Vol. 102 Issue 12 p2223) Schmidt, M & Waggoner, G (2006). Clearing the Bases. Selection (pp. 92) New York: HarperCollins
12
11
John McCain from the Men’s Journal, The Men’s Journal. www.friendsofmccain.com
13
Senate Resolution 335. Retrieved April 2007 from: http://thomas.loc.gov/cgibin/query/D?c108:1:./temp/~mdbsSgrTxm
14
Mark Starr. A Major League Mess. Newsweek (3/28/2005 vol 145 Issue 13 p 26-27).
15
Greenfeld, K. et al. House Cleaning. Sports Illustrated (3/2005, Vol. 102 Issue 12 p2223)
16
Drug Facts – Steroids – Overview. White House Drug Policy. Retrieved April 2007 from: http://www.whitehousedrugpolicy.gov/drugfact/steroids/
17
Major League Baseball. Hitting Statistics 1990-2006. Retrieved April 2007 from: www.mlb.com/statistics. Also Used Jose Canseco. Juiced, How Baseball Got Big (2005).