I 

109TH CONGRESS 

1ST SESSION H. R. 1862

To direct the Secretary of Commerce to issue regulations requiring testing 

for steroids and other performance-enhancing substances for certain 

sports associations engaged in interstate commerce. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 26, 2005

Mr. STEARNS (for himself, Mr. BASS, Mr. UPTON, Mrs. BLACKBURN, and Mr. 

GENE GREEN of Texas) introduced the following bill; which was referred 

to the Committee on Energy and Commerce, and in addition to the Committee on Education and the Workforce, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To direct the Secretary of Commerce to issue regulations 

requiring testing for steroids and other performance-enhancing substances for certain sports associations engaged in interstate commerce.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Drug Free Sports 

5 Act’’. 
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1 SEC. 2. DEFINITIONS. 

2 As used in this Act—

3 (1) the term ‘‘Secretary’’ refers to the Sec4 retary of Commerce; and 

5 (2) the term ‘‘professional sports associations’’ 

6 means Major League Baseball, the National Basket7 ball Association, the National Football League, the 

8 National Hockey League, Major League Soccer, the 

9 Arena Football League, and any other league or as10 sociation that organizes professional athletic com11 petitions as the Secretary may determine. 

12 SEC. 3. RULES REQUIRING MANDATORY TESTING FOR ATH13 LETES. 

14 Not later than 270 days after the date of enactment 

15 of this Act, the Secretary shall issue regulations requiring 

16 professional sports associations operating in interstate 

17 commerce adopt and enforce policies and procedures for 

18 testing athletes who participate in their respective associa19 tions for the use of performance-enhancing substances. 

20 Such policies and procedures shall, at minimum, include 

21 the following: 

22 (1) TIMING AND FREQUENCY OF RANDOM TEST23 ING.—Each athlete shall be tested a minimum of 

24 once each year that such athlete is participating in 

25 the activities organized by the professional sports as26 sociation. Tests shall be conducted at random 
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1 throughout the entire year and the athlete shall not 

2 be notified in advance of the test. 

3 (2) APPLICABLE SUBSTANCES.—The Secretary 

4 shall, by rule, issue a list of substances for which 

5 each athlete shall be tested. Such substances shall be 

6 those that are—

7 (A) determined by the World Anti-Doping 

8 Agency to be prohibited substances; and 

9 (B) determined by the Secretary to be per10 formance-enhancing substances for which test11 ing is reasonable and practicable. 

12 (3) METHOD OF TESTING AND ANALYSIS.—

13 Tests shall be administered by an independent party 

14 not affiliated with the professional sports associa15 tion. 

16 (4) PENALTIES.—Subject to the determination 

17 made pursuant to an appeal as described in para18 graph (5), a positive test shall result in the following 

19 penalties: 

20 (A) SUSPENSION.—

21 (i) An athlete who tests positive shall 

22 be suspended from participation in the pro23 fessional sports association for a minimum 

24 of 2 years. 
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1 (ii) An athlete who tests positive, hav2 ing once previously tested positive shall be 

3 permanently suspended from participation 

4 in the professional sports association. 

5 All suspensions shall include a loss of pay for 

6 the period of the suspension. 

7 (B) DISCLOSURE.—The name of any ath8 lete having a positive test result shall be dis9 closed to the public. 

10 (5) APPEALS PROCESS.—An athlete who tests 

11 positive and is subject to penalty under paragraph 

12 (4) shall be afforded an opportunity for a prompt 

13 hearing and a right to appeal. Such athlete shall file 

14 an appeal with the professional sports association 

15 within 5 days after learning of the positive test. The 

16 association shall hold a hearing and reach a final ad17 judication not later than 30 days after receiving no18 tice of the appeal. The penalties specified in para19 graph (4) shall be stayed pending an appeal and 

20 final adjudication. 

21 SEC. 4. EXEMPTIONS. 

22 The Secretary may exempt from the regulations pro23 mulgated pursuant to section 3 any professional sports as24 sociation that has previously adopted and implemented 

25 policies and procedure for testing athletes for prohibited 
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1 substances that meet or exceed the requirements of such 

2 regulations. 

3 SEC. 5. NONCOMPLIANCE. 

4 Beginning 1 year after the date on which the final 

5 rules required by section 3 are issued, the Secretary may 

6 fine any professional sports association that fails to adopt 

7 and enforce testing policies and procedures consistent with 

8 such regulations. An initial fine for failing to adopt or en9 force such policies and procedures under this Act shall be 

10 $5,000,000 and may be increased by the Secretary by 

11 $1,000,000 for each day of noncompliance. 

12 SEC. 6. REPORTS. 

13 (a) REPORT ON EFFECTIVENESS OF REGULA14 TIONS.—Not later than 2 years after the date of enact15 ment of this Act and every 2 years thereafter, the Sec16 retary shall transmit to the Committee on Energy and 

17 Commerce of the House of Representatives and the Com18 mittee on Commerce, Science, and Transportation of the 

19 Senate, a report describing the effectiveness of the regula20 tions prescribed pursuant to this Act, the degree to which 

21 professional sports associations have complied with such 

22 regulations, and any significant examples of noncompli23 ance. 

24 (b) STUDY ON COLLEGE AND SECONDARY SCHOOL

25 TESTING POLICIES AND PROCEDURES.—
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1 (1) STUDY.—The Comptroller General shall 

2 conduct a study on the use of performance-enhanc3 ing substances by college and secondary school ath4 letes. The study shall examine the prohibited sub5 stance policies and testing procedures of—

6 (A) intercollegiate athletic associations; 

7 (B) college and university athletic depart8 ments; and 

9 (C) secondary schools and State and re10 gional interscholastic athletic associations. 

11 (2) REPORT.—Not later than 1 year after the 

12 date of enactment of this Act, the Comptroller Gen13 eral shall transmit a report to the Committee on En14 ergy and Commerce of the House of Representatives 

15 and the Committee on Commerce, Science, and 

16 Transportation of the Senate. The report shall as17 sess the adequacy of such testing policies and proce18 dures in detecting and preventing the use of per19 formance-enhancing substances, and shall include 

20 any recommendations to Congress regarding expand21 ing the application of the regulations issued pursu22 ant to this Act to such intercollegiate and inter23 scholastic athletic associations.

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