SUBCOMMITTEE MISINFORMED IN MLB TESTIMONY

Washington, Mar 17, 2005 - Rep Cliff Stearns (R-FL), Chairman of the Commerce, Trade & Consumer Protection Subcommittee, today sent a letter to the Commissioner of Major League Baseball, Bud Selig, asking for additional information on the league's new steroid policy. Rep. Joe Barton (R-TX), Chairman of the Energy & Commerce Committee, and Rep. Nathan Deal (R-GA), Chairman of the Health Subcommittee, joined Stearns in sending the letter.

The letter points out a discrepancy in public statements made by representatives of MLB regarding the new steroid policy. In written testimony to the Commerce, Trade & Consumer Protection Subcommittee in the March 10th hearing, Francis X. Coonelly, Senior VP and General Counsel-Labor, MLB, stated, "First-time offenders will be suspended, without pay, for ten days and will be publicly identified as having violated the drug policy." However, a statement made on ESPN Radio on March 16th by Robert Manfred, Executive VP of Labor and Human Resources, MLB, indicated that, "The way the policy is written, is for the first positive steroid test, the Commissioner has the discretion to impose a 10-day suspension, or a $10,000 fine."

The letter to Selig notes, "Because we did not have a copy of the relevant agreements with the Players' Union governing steroid use, Members were under the belief that the above-referenced statement [testimony by Coonelly] and accompanying testimony was complete and accurate." The letter further reads, "Given Mr. Coonelly's responsibilities, he certainly would have knowledge of the details of the relevant agreements with the Player's Union. He was presented to the Committee as an expert on MLB's steroid testing program. His written testimony may be misleading."

The letter requests the following information:

* Does the agreement or agreements with the Players' Union regarding steroid testing require automatic suspension, without recourse, for a player who first tests positive for steroid use?

* Does the Commissioner of Baseball have the discretion to fine a player who first tests positive for steroid use, in lieu of suspension?

* Does the agreement mandate the public disclosure of the name of any player who first tests positive for steroid use, without recourse?

* Does the agreement require the public disclosure of the names of any player who first tests positive for steroid use, if the Commissioner elects to fine that player in lieu of suspension?

* Please describe in detail the consequences under the agreement for a player who tests positive for steroid use. Please describe the penalties for recidivist offenses i.e., second, third, fourth and all the enumerated offenses. Please indicate with each enumerated offense the authority of discretion of the Commissioner or any other entity to alter the proscribed penalty.

* Please explain the discrepancy between Mr. Coonelly's written and oral testimony and the terms of the agreement, in particular his assertion that a first time violations would result in an automatic ten-day suspension, without mentioning the discretionary authority of the Commissioner regarding penalties for violations.