teria shall not require a professional sports asso-
ciation to adopt a policy providing for reduc-
tions in penalties for any circumstances. 
(6) APPEALS PROCESS.— 
(A) HEARING AND FINAL ADJUDICATION.— 
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 asso-
ciation shall hold a hearing before an arbiter es-
tablished under subparagraph (B) and such arbi-
ter shall reach a final adjudication not later 
than 45 days after receiving notice of the appeal. 
The penalties specified in paragraph (5) shall be 
stayed pending an appeal and final adjudica-
tion. 
(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 associa-
tion (or the representatives of such athletes), and
shall be approved by the Secretary, and such ap-
proval shall not be unreasonably withheld. 
(b) CONSULTATION.—In prescribing regulations under 
this section, the Secretary may consult with anti-doping 
authorities, medical experts, and professional sports asso-
ciations. 
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 REGULATIONS.— 
Not later than 2 years after the date of enactment of this 
Act and every 2 years thereafter, the Secretary shall trans-
mit to the Committee on Energy and Commerce of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate, a report describ-
ing the effectiveness of the regulations prescribed pursuant 
to this Act, the degree to which professional sports associa-
tions have complied with such regulations, and any signifi-
cant examples of noncompliance. 
(b) STUDY ON COLLEGE AND SECONDARY SCHOOL 
TESTING POLICIES AND PROCEDURES.— 
(1) STUDY.—The Comptroller General shall con-
duct 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 General 
shall transmit a report to the Committee on Energy 
and Commerce of the House of Representatives and
the Committee on Commerce, Science, and Transpor-
tation of the Senate. The report shall assess the ade-
quacy of such testing policies and procedures in de-
tecting and preventing the use of performance-enhanc-
ing substances, and shall include any recommenda-
tions to Congress regarding expanding the applica-
tion of the regulations issued pursuant to this Act to 
such intercollegiate and interscholastic athletic asso-
ciations. 
SEC. 6. RULES OF CONSTRUCTION. 
(a) PRE-EXISTING POLICIES.—Nothing in this Act 
shall be construed to prohibit a professional sports associa-
tion from continuing to enforce policies and procedures gov-
erning 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 associa-
tion 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.
Union Calendar No. 133 
109TH CONGRESS 
1ST SESSION 
H. R. 3084 
[Report No. 109–210, Part I] 
A BILL 
To direct the Secretary of Commerce to issue regu-
lations requiring testing for steroids and other 
performance-enhancing substances for certain 
sports associations engaged in interstate com-
merce. 
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