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Selig won’t pledge to outsource drug testing

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Times Staff Writer

On the eve of testifying before Congress about baseball’s steroid era and subsequent reforms, Commissioner Bud Selig said Monday he would not pledge to outsource baseball’s drug-testing program to the U.S. Anti-Doping Agency or any other third party.

“I’m satisfied with the way it is now,” Selig said.

Selig said he remains committed to implementing all the reforms recommended in last month’s report by former Sen. George Mitchell, including those relating to strengthening the current testing regimen. That report, in which Roger Clemens, Eric Gagne, Miguel Tejada and Paul Lo Duca were among 86 players linked to the use of performance-enhancing substances, triggered today’s hearing before the House Committee on Oversight and Government Reform.

Mitchell is scheduled to testify first, starting at 6:30 a.m. PST, with Selig and players’ union chief Donald Fehr scheduled to follow.

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Mark McGwire, Sammy Sosa and Rafael Palmeiro testified before the same committee three years ago, when Palmeiro said, “I have never used steroids. Period.” He tested positive for steroids later that year, but baseball officials did not announce his suspension until after he had completed the appeal process -- and after he got his 3,000th hit.

Rep. Christopher Shays (R-Conn.) said he plans to ask Selig and Fehr about that sequence of events today.

“It makes me wonder if they take it seriously,” Shays said. “It seems like they wanted to protect him through his 3,000th hit.”

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When Mitchell issued his report, Selig said he would “swiftly” determine suspensions or other punishments for active players and club officials “on a case-by-case basis.” One month has passed, and he has made no announcements.

Selig would not discuss that issue Monday but said he would do so before Congress. In addition to potential player discipline, representatives plan to ask Selig about how he intends to respond to club officials who did not provide his office with information regarding steroid use, as required.

In Mitchell’s report, the San Francisco Giants are portrayed as reluctant to act in response to concerns reported by athletic trainer Stan Conte, then with the Giants and now with the Dodgers. In one case, General Manager Brian Sabean said he was unaware he should have reported Conte’s conversation with an unnamed player about obtaining steroids from Greg Anderson, a personal trainer for Barry Bonds.

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In his report, Mitchell focused on 20 proposed reforms. Selig already has enacted the ones he could do unilaterally, including the establishment of an investigative unit, background checks and drug tests for clubhouse staff and distribution of credentials that enable drug testers to show up at ballparks without advance notification.

The commissioner’s office and players’ union have started negotiations on those reforms subject to collective bargaining. On that score, Mitchell set the establishment of an independent testing program as the top priority.

Selig announced last week that baseball would donate $3 million toward anti-doping research, in cooperation with the NFL, U.S. Olympic Committee and U.S. Anti-Doping Agency (USADA). However, he said Monday, he would not commit to letting USADA or any other third party run baseball’s testing program.

“We have independent testing,” Selig said. “Every sport has its unique characteristics.”

Selig noted baseball’s program uses “gold-standard labs” in Los Angeles and Montreal, each accredited by the World Anti-Doping Agency (WADA), and has an independent administrator. Yet, Mitchell said, “the independence of the program administrator and the level of authority that has been delegated to him are limited.”

Mitchell left the resolution of that issue to collective bargaining, but WADA advisor Gary Wadler said the program cannot be truly independent until USADA or another outside agency runs it, rather than the commissioner’s office and the players’ union.

“Every time there’s another mini-crisis, there’s another tweak of the program,” Wadler said. “They have to take a giant step and get out of the business.”

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Said Shays: “When you have a third party, it makes it healthy. Major League Baseball and the players should encourage and accept a third party to have that responsibility.”

None of the four major U.S. pro leagues contracts with USADA for drug testing, and it is unclear whether USADA would administer a program that did not suspend first offenders for two years, the international standard. Baseball currently suspends first offenders for 50 games.

USADA Chief Executive Travis Tygart did not return a call for comment.

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