I 
109TH CONGRESS 
1ST SESSION H. R. 3084 
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 
JUNE 28, 2005 
Mr. STEARNS (for himself, Ms. SCHAKOWSKY, Mr. BASS, Mr. UPTON, Mrs. 
BLACKBURN, Mr. GENE GREEN of Texas, Mr. MARKEY, Mr. MURPHY, 
and Mr. SHAYS) 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 deter-
mined 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-en-
hancing substances for certain sports associations en-
gaged in interstate commerce. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Drug Free Sports 
Act’’.
SEC. 2. DEFINITIONS. 
As used in this Act— 
(1) the term ‘‘Secretary’’ refers to the Sec-
retary of Commerce; and 
(2) the term ‘‘professional sports associations’’ 
means Major League Baseball, the National Basket-
ball Association, the National Football League, the 
National Hockey League, Major League Soccer, the 
Arena Football League, and any other league or as-
sociation that organizes professional athletic com-
petitions as the Secretary may determine. 
SEC. 3. RULES REQUIRING MANDATORY TESTING FOR ATH-
LETES. 
(a) RULEMAKING.—Not later than 270 days after the 
date of enactment of this Act, the Secretary shall issue 
regulations requiring professional sports associations oper-
ating in interstate commerce to adopt and enforce policies 
and procedures for testing athletes who participate in their 
respective associations for the use of performance-enhanc-
ing substances. Such policies and procedures shall, at min-
imum, include the following: 
(1) TIMING AND FREQUENCY OF RANDOM TEST-
ING.—Each athlete shall be tested a minimum of 5 
times each year that such athlete is participating in 
the activities organized by the professional sports as-
sociation. Tests shall be conducted at random inter-
vals throughout the entire year, during both the sea-
son of play and the off-season, and the athlete shall 
not be notified in advance of the test. 
(2) APPLICABLE SUBSTANCES.—The Secretary, 
in consultation with the Director of the National In-
stitute on Drug Abuse, shall, by rule, prescribe the 
substances for which each athlete shall be tested, 
which shall include— 
(A) substances that— 
(i) are determined by the World Anti- 
Doping Agency to be prohibited sub-
stances; and 
(ii) the Secretary determines to be 
performance-enhancing substances for any 
particular sport, or substances whose pur-
pose is to conceal the presence of perform-
ance-enhancing substances in the body, 
and for which testing is reasonable and 
practicable; and 
(B) such additional substances that the 
Secretary may determine to be performance-en-
hancing substances for any particular sport, or 
substances whose purpose is to conceal the 
presence of performance-enhancing substances
in the body, and for which testing is reasonable 
and practicable. 
(3) THERAPEUTIC AND MEDICAL USE EXEMP-
TIONS.—The Secretary, in consultation with the Di-
rector of the National Institute on Drug Abuse, shall 
establish criteria by which professional sports asso-
ciations, after consultation with the athletes who 
participate in the activities of such professional 
sports association (or the representatives of such 
athletes), may provide an athlete with an exemption 
for a particular substance, prior to or after any drug 
test, if such substance has a legitimate medical or 
therapeutic use, and if such use is for a documented 
medical condition of such athlete. 
(4) METHOD OF TESTING AND ANALYSIS.—The 
Secretary, in consultation with the Director of the 
National Institute on Drug Abuse, shall establish 
criteria whereby tests shall be administered by an 
independent party not affiliated with the profes-
sional sports association. 
(5) PENALTIES.—Subject to the determination 
made pursuant to an appeal as described in para-
graph (6), a positive test shall result in the following 
penalties: 
(A) SUSPENSION.—
(i) An athlete who tests positive shall 
be suspended from participation in the pro-
fessional sports association for a period not 
less than 1⁄2 of a season of play, including 
suspension from the number of games con-
stituting 1⁄2 of a season of play. 
(ii) An athlete who tests positive, hav-
ing once previously violated the policies 
concerning prohibited substances, shall be 
suspended from participation in the profes-
sional sports association for a period not 
less than an entire season of play, includ-
ing suspension from the number of games 
constituting a full season of play. 
(iii) An athlete who tests positive, 
having twice previously violated the policies 
concerning prohibited substances, shall be 
permanently suspended from participation 
in the professional sports association. 
All suspensions shall include loss of pay for the 
period of suspension. 
(B) DISCLOSURE.—The name of any ath-
lete having a positive test result resulting in 
suspension shall be disclosed to the public.
(C) EXCEPTIONAL CIRCUMSTANCES.—The 
Secretary shall establish criteria by which pro-
fessional sports associations may reduce the pe-
riod of suspension for an athlete who has tested 
positive for a prohibited substance but who es-
tablishes that he or she bears no fault or neg-
ligence or no significant fault or negligence for 
the violation. In establishing such criteria, the 
Secretary shall consider the policies and prac-
tices of the World Anti-Doping Agency regard-
ing reduced penalties for exceptional cir-
cumstances. Such criteria shall not require a 
professional sports association to adopt a policy 
providing for reductions in penalties for any cir-
cumstances. 
(6) APPEALS PROCESS.— 
(A) HEARING
AND
FINAL
ADJUDICA-
TION.—An athlete who tests positive and is 
subject to penalty under paragraph (5) shall be 
afforded an opportunity for a prompt hearing 
and a right to appeal. Such athlete shall file an 
appeal with the professional sports association 
within 5 business days after learning of the 
positive test. The association shall hold a hear-
ing before an arbiter established under subpara-
graph (B) and such arbiter shall reach a final 
adjudication not later than 45 days after receiv-
ing notice of the appeal. The penalties specified 
in paragraph (5) shall be stayed pending an ap-
peal and final adjudication. 
(B) ARBITER.—The arbiter of the appeals 
process described in subparagraph (A) shall be 
agreed upon mutually by the professional sports 
association and the athletes who participate in 
the activities of such professional sports asso-
ciation (or the representatives of such athletes), 
and shall be approved by the Secretary, and 
such approval shall not be unreasonably with-
held. 
(b) CONSULTATION.—In prescribing regulations 
under this section, the Secretary may consult with anti- 
doping authorities, medical experts, and professional 
sports associations. 
SEC. 4. NONCOMPLIANCE. 
Beginning 1 year after the date on which the final 
rules required by section 3 are issued, the Secretary may 
fine any professional sports association that fails to adopt 
and enforce testing policies and procedures consistent with 
such regulations. An initial fine for failing to adopt or en-
force such policies and procedures under this Act shall be
$5,000,000 and may be increased by the Secretary by 
$1,000,000 for each day of noncompliance. The Secretary 
may reduce the fines specified in this section upon finding 
such fines to be unduly burdensome on a professional 
sports association. 
SEC. 5. REPORTS. 
(a) REPORT
ON
EFFECTIVENESS
OF
REGULA-
TIONS.—Not later than 2 years after the date of enact-
ment of this Act and every 2 years thereafter, the Sec-
retary shall transmit to the Committee on Energy and 
Commerce of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate, a report describing the effectiveness of the regula-
tions prescribed pursuant to this Act, the degree to which 
professional sports associations have complied with such 
regulations, and any significant examples of noncompli-
ance. 
(b) STUDY ON COLLEGE AND SECONDARY SCHOOL 
TESTING POLICIES AND PROCEDURES.— 
(1) STUDY.—The Comptroller General shall 
conduct a study on the testing policies and practices 
(and their implementation) for performance-enhanc-
ing substances for athletes at colleges and secondary 
schools. The study shall examine the prohibited sub-
stance policies and testing procedures of—
(A) intercollegiate athletic associations; 
(B) college and university athletic depart-
ments; and 
(C) secondary schools and State and re-
gional interscholastic athletic associations. 
The study shall also include an analysis of the best 
available estimates for both licit and illicit use of an-
abolic steroids and human growth hormones by such 
athletes. 
(2) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Comptroller Gen-
eral shall transmit a report to the Committee on En-
ergy and Commerce of the House of Representatives 
and the Committee on Commerce, Science, and 
Transportation of the Senate. The report shall as-
sess the adequacy of such testing policies and proce-
dures in detecting and preventing the use of per-
formance-enhancing substances, and shall include 
any recommendations to Congress regarding expand-
ing the application of the regulations issued pursu-
ant to this Act to such intercollegiate and inter-
scholastic athletic associations. 
SEC. 6. RULES OF CONSTRUCTION. 
(a) PRE-EXISTING POLICIES.—Nothing in this Act 
shall be construed to prohibit a professional sports asso-
ciation from continuing to enforce policies and procedures 
governing the use of performance-enhancing substances 
that were in effect on the date of enactment of this Act 
until such time as such professional sports associations 
adopt policies and procedures consistent with the rules 
issued under section 3. 
(b) MORE STRINGENT POLICIES.—Nothing in this 
Act shall be construed to prohibit a professional sports 
association and its athletes (or the representatives of its 
athletes) from negotiating and agreeing upon policies and 
procedures governing the use and testing of performance- 
enhancing substances that are more stringent than those 
required by this Act. 
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