IB 
Union Calendar No. 133 
109TH CONGRESS 
1ST SESSION H. R. 3084 
[Report No. 109–210, Part I] 
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 
JULY 28, 2005 
Reported from the Committee on Energy and Commerce with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
JULY 28, 2005 
Referral to the Committee on Education and the Workforce extended for a 
period ending not later than September 30, 2005 
SEPTEMBER 30, 2005 
Committee on Education and the Workforce discharged; committed to the 
Committee of the Whole House on the State of the Union and ordered 
to be printed
[For text of introduced bill, see copy of bill as introduced on June 28, 2005] 
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 Secretary 
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 asso-
ciation that organizes professional athletic competi-
tions 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 regu-
lations requiring professional sports associations operating 
in interstate commerce to adopt and enforce policies and 
procedures for testing athletes who participate in their re-
spective associations for the use of performance-enhancing 
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 neither the athlete, 
nor any member of the coaching and training staffs 
shall 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 substances; 
and 
(ii) the Secretary determines to be per-
formance-enhancing substances for any par-
ticular sport, or substances whose purpose is 
to conceal the presence of performance-en-
hancing substances in the body, and for 
which testing is reasonable and practicable; 
and 
(B) such additional substances that the Sec-
retary may determine to be performance-enhanc-
ing substances for any particular sport, or sub-
stances whose purpose is to conceal the presence 
of performance-enhancing substances in the body, 
and for which testing is reasonable and prac-
ticable. 
(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 associa-
tions, after consultation with the athletes who partici-
pate in the activities of such professional sports asso-
ciation (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 sub-
stance 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 cri-
teria whereby tests shall be administered by an inde-
pendent party not affiliated with the professional 
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, including 
suspension from the number of games con-
stituting a full season of play. 
(iii) An athlete who tests positive, hav-
ing 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 athlete 
having a positive test result resulting in suspen-
sion shall be disclosed to the public. 
(C) EXCEPTIONAL
CIRCUMSTANCES.—The 
Secretary shall establish criteria by which profes-
sional sports associations may reduce the period 
of suspension for an athlete who has tested posi-
tive for a prohibited substance but who estab-
lishes that he or she bears no fault or negligence 
or no significant fault or negligence for the viola-
tion. In establishing such criteria, the Secretary 
shall consider the policies and practices of the 
World Anti-Doping Agency regarding reduced 
penalties for exceptional circumstances. Such cri-