Lawmakers Push Bill Imposing Steroid Sanctions
By Gintautas Dumcius
Wall Street Journal (Eastern edition)
May 24, 2005. p. D4

More than a year after President Bush surprised many
Americans by using his 2004 State of the Union address to
call on professional sports teams and players unions to crack
down on illegal use of steroids, Congress is stepping to the
plate.

Lawmakers are now pushing legislation that would impose
sanctions on athletes who use steroids without prescriptions.
A House Commerce subcommittee plans to mark up
bipartisan legislation tomorrow that would set uniform
testing standards and restrict participation of players caught
illegally using performance-enhancing drugs.

Rep. Joe Barton (R., Texas), chairman of the full House
Energy and Commerce Committee, wants the measure to
move quickly on to the full House. "In a perfect world, I'd
rather have this done at the collective-bargaining table," he
said during a hearing last week. "In this case there needs to
be a federal standard."

The House Judiciary Committee, meantime, is taking a
slower approach. On Friday, Chairman James Sensenbrenner
(R., Wis.) and John Conyers (D., Mich.) sent letters to
professional, Olympic and college- sports organizations
seeking information on antidoping policies and enforcement.
They expect an analysis by the end of the summer, and
won't consider legislation until then. "There is no rush to
judgment at this time," said Danielle Brown, spokeswoman
for Rep. Conyers.

At the same time, Sen. John McCain (R., Ariz.) along with
Reps. Tom Davis (R., Va.) and Henry Waxman (D., Calif.)
plan to introduce an even tougher bill this week.

The flurry of legislation follows increased use of
performance- enhancing drugs and a round of congressional
hearings in March sparked by former slugger Jose Canseco's
book "Juiced," which claims widespread steroid use in
baseball.

While the White House wouldn't comment on whether
President Bush, a former part owner of Major League
Baseball's Texas Rangers, will sign such legislation, he "has
made it clear his concern about how steroid use by
professional athletes damages the credibility of their sports,
endangers their health and safety, and sets a dangerous
example for America's young people," said White House
spokeswoman Dana Perino. In addition, she said, the
president is requesting $25.4 million for the next fiscal year
for drug testing in schools and communities, up from $10
million this year. She noted that teams have taken the first
steps toward addressing Mr. Bush's concerns.

But the Drug-Free Sports Act, introduced by Rep. Cliff
Stearns (R., Fla.), chairman of the Commerce, Trade and
Consumer Protection subcommittee, and co-sponsored by a
number of Republican and Democratic lawmakers, is
tougher than the leagues want, giving the Commerce
Department power over rules and enforcement of
drug-testing policies across professional sports. It would
require athletes to be tested at least once a year by an
independent third party, with a first offense drawing a
two-year suspension without pay -- a move that in many
instances would be career-ending -- and the second offense
triggering a lifetime ban.

For the most part, sports leagues and players associations
contend the penalties in the Commerce panel's bill are too
harsh. Baseball Commissioner Bud Selig has told lawmakers
he prefers to work out tougher new sanctions with the
players' union but supports the bill if an agreement can't be
reached. The National Basketball Association's David Stern
also offered qualified support, but expressed concerns about
the testing programs.

While athletes could appeal and leagues with drug-testing
programs that meet certain criteria would be exempt, the bill
would impose hefty fines for those that lack or fail to
enforce testing procedures. The maximum fine for the initial
offense would be $5 million, and $1 million would be tacked
on each day the league fails to comply.

Rep. Stearns said it's clear that the leagues, the teams and the
players don't want to impose strict standards. "We need to
get their attention and this is a way to do it," he said. "There
is momentum in favor of my bill."

Rep. Bobby Rush (D., Ill.) suggested some caution.
Baseball's new rules calling for a 10-day suspension of
players found to be using performance-enhancing drugs has
hit minority players disproportionately, he said. Of the five
major league players and 66 minor league players suspended
this year, many are black or Latino. "For players, it [a
two-year suspension] could be devastating to their careers,"
Rep. Rush said.

Some remain skeptical of any bill's chances. Charles Yesalis,
a professor of health and human development at
Pennsylvania State University who advised Rep. Stearns in
crafting the bill, points to the sports' leagues political clout.
"The forces against this bill have more money than God's
first cousin, and they absolutely do not want this bill to
pass," Mr. Yesalis said. "These are multibillion dollar
industries."

More articles are available at the Wall Street Journal's website.