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 Com-
mittee on Education and the Workforce, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions 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. 
Not later than 270 days after the date of enactment 
of this Act, the Secretary shall issue regulations requiring 
professional sports associations operating in interstate 
commerce adopt and enforce policies and procedures for 
testing athletes who participate in their respective associa-
tions for the use of performance-enhancing substances. 
Such policies and procedures shall, at minimum, include 
the following: 
(1) TIMING AND FREQUENCY OF RANDOM TEST-
ING.—Each athlete shall be tested a minimum of 
once each year that such athlete is participating in 
the activities organized by the professional sports as-
sociation. Tests shall be conducted at random
throughout the entire year and the athlete shall not 
be notified in advance of the test. 
(2) APPLICABLE SUBSTANCES.—The Secretary 
shall, by rule, issue a list of substances for which 
each athlete shall be tested. Such substances shall be 
those that are—
(A) determined by the World Anti-Doping 
Agency to be prohibited substances; and 
(B) determined by the Secretary to be per-
formance-enhancing substances for which test-
ing is reasonable and practicable. 
(3) METHOD
OF
TESTING
AND
ANALYSIS.—
Tests shall be administered by an independent party 
not affiliated with the professional sports associa-
tion. 
(4) PENALTIES.—Subject to the determination 
made pursuant to an appeal as described in para-
graph (5), 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 minimum 
of 2 years.
(ii) An athlete who tests positive, hav-
ing once previously tested positive shall be 
permanently suspended from participation 
in the professional sports association. 
All suspensions shall include a loss of pay for 
the period of the suspension. 
(B) DISCLOSURE.—The name of any ath-
lete having a positive test result shall be dis-
closed to the public. 
(5) APPEALS PROCESS.—An athlete who tests 
positive and is subject to penalty under paragraph 
(4) 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 days after learning of the positive test. The 
association shall hold a hearing and reach a final ad-
judication not later than 30 days after receiving no-
tice of the appeal. The penalties specified in para-
graph (4) shall be stayed pending an appeal and 
final adjudication. 
SEC. 4. EXEMPTIONS. 
The Secretary may exempt from the regulations pro-
mulgated pursuant to section 3 any professional sports as-
sociation that has previously adopted and implemented 
policies and procedure for testing athletes for prohibited
substances that meet or exceed the requirements of such 
regulations. 
SEC. 5. 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. 
SEC. 6. 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 use of performance-enhanc-
ing substances by college and secondary school ath-
letes. 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. 
(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.
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