Waxman: Decisions threaten progress on steroids

WASHINGTON — A key lawmaker said Tuesday that recent court decisions blocking suspensions of two NFL players threaten to undermine progress made in reducing performance-enhancing drug use among athletes at all levels.

"If these rulings prevail, they could wreak havoc with policies designed to curb performance-enhancing drug use in professional sports," Rep. Henry Waxman, the chairman of the House Energy and Commerce Committee, said at a subcommittee hearing. "In fact, if the rulings are taken to their logical conclusion, players on one team could be allowed to use drugs that would subject players on another team to suspensions and fines."

"In short," he added, "these new legal interpretations could render the NFL and Major League Baseball drug testing programs unenforceable, loophole-ridden, and unacceptably weak and ineffective."

Waxman, a California Democrat who has held high-profile hearings on steroids in sports, said that if the court rulings are not reversed, "then we need to find out if the collective bargaining process can solve these problems or whether congressional action is needed.

"One thing is clear: we should not allow the drug policies that the NFL, Major League Baseball, and other sports leagues have put in place to be rendered null and void. That is an invitation to steroid abuse in professional sports. And it will inevitably lead to more steroid use on high school football fields and baseball diamonds."

NFL commissioner Roger Goodell was to testify later and planned to ask for legislation.

"We believe that a specific and tailored amendment to the Labor Management Relations Act is appropriate and necessary to protect collectively bargained steroid policies from attack under state law," Goodell said in his written testimony.

Recent court decisions "call into question the continued viability of the steroid policies of the NFL and other national sports organizations," Goodell said.

The NFL had attempted to suspend Minnesota Vikings Pat Williams and Kevin Williams for four games, but the players sued the league in state court, arguing the league's testing violated Minnesota laws. The case was moved to federal court, and the NFL players union filed a similar lawsuit on behalf of the Williamses and New Orleans Saints players who were also suspended.