Selig Wants to Give Steroid Offenders 50 Games to Life

Baseball Commissioner Bud Selig, whipped by congressional pressure and the flagging reputation of his sport over performance-enhancing drugs, is seeking to implement a stiffer steroid policy, in which players would be banned for life on a third positive test.

In a letter addressed to players’ union chief Don Fehr, a copy of which was obtained Saturday by The Times, Selig proposed suspensions of 50 games for first offenses and 100 games for second offenses, followed by, he wrote, “three strikes and you are out.”

The plan, which also calls for a ban on amphetamines, more frequent testing and broader authority for an independent testing laboratory, will be instituted for the 2006 season in the minor leagues, which are not subject to collective bargaining and already had forbidden amphetamines.

Selig is asking Fehr to amend the collective bargaining agreement for the second time in three months, and six weeks after they appeared together before a House committee investigating steroids in baseball. Since then, four players on 40-man rosters have been suspended after testing positive for performance-enhancing substances.

“I, of course, recognize that as a legal matter drug testing of employees is a mandatory topic of bargaining under the National Labor Relations Act,” Selig wrote in his letter to Fehr. “From a practical perspective, however, this issue should not be viewed as one on which the clubs are demanding further concessions from the players and the MLBPA. Rather, this should be an issue on which we find a way to work together to restore the faith of our fans in the integrity of the competition on the field and in the integrity of our great institution.”

Fehr did not return a phone message, but he told Associated Press he could have a response this week.

The current agreement was amended to the CBA during spring training. It was set to run through 2008, with a 2006 opener for amphetamines (the CBA expires in December 2006). It requires suspensions of 10 days for a first offense, 30 days for a second, 60 days for a third and a year for a fourth. On a fifth positive test, the commissioner could consider a permanent ban.

Angel catcher Josh Paul, the team’s player representative to the union, said he supported the current agreement.

“We’ve got to negotiate it,” he said. “Why aren’t we waiting to see how this plan plays out? I don’t understand. We’ve had this for two months, and how many guys have been caught, three or four? And they’re being punished. A 10-[day] suspension, even if you’re making the major league minimum, is a lot of money.”

As for the proposed ban on amphetamines, Paul said, “Where do we draw the line? If you go to Olympic testing, are we only allowed one cup of coffee a day? You go to lunch, you have two Cokes, you have to pee that day, you’re gone for two years? I’m all for getting rid of steroids, which are a detriment to your health, but where do you draw the line?”

Coffee and Coca-Cola contain caffeine, a mild stimulant.

Dodger catcher Jason Phillips also expressed reservations about Olympic-style testing.

“You can’t take a Sudafed in the Olympics,” he said. “The Olympics last two weeks. Baseball lasts eight months. So when I’m playing in Chicago in April and it’s 30 degrees and my nose starts running, I can’t take a Sudafed just in case I have to take a test the next day?

Phillips said instituting the policy without a clear list of banned substances would be premature. “Until they come to an agreement on that or [give] a reason why you should or should not use certain things,” he said, “until that time, there’s too much gray area.”

Angel pitcher Jarrod Washburn had a different view. “I feel there’s no place in the game for performance-enhancing drugs,” he said. “Whatever punishments they come up with, I’m fine with.”

Selig and Fehr met with Washington legislators in mid-April, when Selig reportedly requested the chance to authorize an independent study of steroids in baseball. His letter to Fehr was sent Monday. Owners, who hired and pay Selig, received a memo Friday informing them of the letter and his proposal.

In the memo -- a copy of which also was received by The Times -- Selig wrote that he had spoken “several” times by telephone with Fehr leading to the issuance of the letter, “during which I expressed my fervent views” on steroids and the need for a new policy.

“I want you to know that I am firmly committed to attaining the type of revised drug policy that is outlined in my letter and consider it my highest priority,” Selig wrote. “I will continue to urge the MLBPA to join us in achieving zero tolerance.”

The impact of steroids in the game became pronounced in the off-season, when reports of grand jury testimony by Barry Bonds, Jason Giambi and Gary Sheffield surfaced. Former slugger Jose Canseco released a book in which he described his own steroid use, and alleged that Mark McGwire, Sammy Sosa, Rafael Palmeiro and others had used steroids. The House Government Reform Committee subpoenaed current and former players, along with Selig, Fehr and others in baseball’s leadership. In the March 17 hearing, the committee disparaged the new agreement while revealing several apparent loopholes.

Committee spokesperson David Marin said Saturday the hearing, and chairperson Tom Davis (R-Va.), had the intended effect.

“This is what can happen when you shine a little light, and this is what Davis has hoped all along his oversight would produce -- positive, self-initiated action,” Marin wrote in an e-mail.

Rep. Henry A. Waxman of Los Angeles, the ranking Democrat on the committee, said in a statement, “We will take a close look at it. It is weaker than the policy Congress is considering, but significantly stronger than baseball’s current policy.”

In his letter, Selig also proposed that baseball’s current testing administrators -- the Health Policy Advisory Committee -- be replaced by “a jointly selected independent expert” who would oversee the process, “from the collection of the urine through the testing at the lab and to the reporting of results.” He concluded that the modification “will insure that our collection procedures meet accepted international standards.”

Angel Manager Mike Scioscia said more frequent testing and scrutiny should be welcomed by players. “That might be a small price people have to pay for a major league career,” he said. “If guys want to challenge the system, the game has to take them out of circulation. Ten [days] is not enough....

“What’s driving this are the players. They want a level playing field. That’s why I feel it will be cleaned up, because they have bucked union leadership in that regard, and that’s the first time that has happened.”

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Times staff writers Mike DiGiovanna in Minneapolis and Ben Bolch in Los Angeles contributed to this report.

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(BEGIN TEXT OF INFOBOX)

Penalty phase

In a letter to union head Don Fehr, baseball Commissioner Bud Selig asked players to adopt a significantly stricter steroid policy than the one now in effect. Length of suspensions for positive steroid tests in various sports:

*--* 1st pos. 2nd pos. 3rd pos. 4th pos. 5th pos. Old MLB Counseling 15 days 25 days 50 days 1 year Current MLB 10 days 30 days 60 days 1 year variable* Selig prop. 50 games 100 games lifetime Minor league 15 games 30 games 60 games 1 year lifetime NFL 4 games** 6 games** 1 year** 1 year** 1 year** NBA 5 games 10 games 25 games 25 games 25 games Olympic sports 2 years lifetime

*--*

NHL: League has never had a testing program.

*commissioner’s discretion on penalty; **minimums

Source: Associated Press