Drug Free Sports Act

Bill: 109-hr-3084
Sponsor: Rep. Stearns, Cliff [R-FL-6]
Introduced: 2005-06-28 in the House
Policy area: Health
Subjects: Administrative procedure
Athletes
Baseball
College sports
Congress
Congressional investigations
Congressional reporting requirements
Department of Commerce
Drug abuse
Drug testing
Drugs and athletes
Drugs and youth
Education
Elementary and secondary education
Families
Fines (Penalties)
Football
Government Operations and Politics
Government paperwork
Grievance procedures
Higher education
Hockey
Hormones
Industrial arbitration
Labor and Employment
Law
Professional associations
Secondary education
Soccer
Sports and Recreation
Steroids
Students

Summary:
action_date: 2005-06-28
text: 
Drug Free Sports Act - Directs the Secretary of Commerce to issue regulations requiring professional sports associations to adopt and enforce policies and procedures for the random testing of athletes (a minimum of five times throughout each year, without advance notification) for the use of performance-enhancing substances. Requires the Secretary to: (1) prescribe the substances for which each athlete is to be tested and include prohibited substances as determined by the World Anti-Doping Agency and substances designed to conceal the presence of performance-enhancing substances in the body; (2) establish criteria for exemptions for documented legitimate medical or therapeutic usage; (3) establish criteria for tests to be administered by an independent party; and (4) establish criteria for suspension reduction for an athlete who has tested positive but who establishes that he or she bears no fault or negligence or no significant fault or negligence.
 
Directs that the penalty for a positive test result is suspension for one-half of the season of play for the first violation, one full season of play for the second violation, and permanent suspension for a third violation. Requires disclosure to the public of the name of any athlete that tests positive. Provides for an opportunity for a prompt hearing and an appeal before an arbiter.
 
Allows the Secretary to fine any such association for failure to adopt and enforce testing policies and procedures consistent with the regulations.
 
Requires the Comptroller General to study the testing policies and practices for the use of performance-enhancing substances by college and secondary school athletes.

action_date: 2005-07-28
text: 
Drug Free Sports Act - (Sec. 3) Directs the Secretary of Commerce to issue regulations requiring professional sports associations to adopt and enforce policies and procedures for the random testing of athletes for the use of performance-enhancing substances. Requires that each athlete be tested five times each year at random intervals during both the season of play and the off-season and without advance notification of the athlete or coaching and training staffs. Requires the Secretary to prescribe the substances for which each athlete is to be tested, to include: (1) prohibited substances as determined by the World Anti-Doping Agency; and (2) substances the Secretary determines are performance-enhancing substances for a particular sport or are designed to conceal the presence of performance-enhancing substances in the body and for which testing is reasonable and practicable. 
 
Requires the Secretary to establish criteria for: (1) exempting athletes for documented legitimate medical or therapeutic usage; (2) testing to be administered by an independent party; and (3) reducing the suspension for an athlete who has tested positive but who establishes that he or she bears no fault or negligence or no significant fault or negligence.
 
Directs that the penalty for a positive test result is suspension without pay for one-half of the season of play for the first violation, for one full season of play for the second violation, and permanently for a third violation. Requires disclosure to the public of the name of any athlete who tests positive. Provides for an opportunity for a prompt hearing and an appeal before an arbiter.
 
(Sec. 4) Allows the Secretary to: (1) fine any such association for failure to adopt and enforce testing policies and procedures consistent with the regulations; and (2) reduce such fines if they are unduly burdensome.
 
(Sec. 5) Requires the Secretary to report to the appropriate congressional committees on the effectiveness of, and compliance with, regulations prescribed under this Act.
 
Requires the Comptroller General to study the testing policies and practices for the use of performance-enhancing substances by college and secondary school athletes, including: (1) an examination of prohibited substance policies and testing procedures of intercollegiate athletic associations, college and university athletic departments, secondary schools, and state and regional interscholastic athletic associations; and (2) an analysis of the best available estimates for both licit and illicit use of anabolic steroids and human growth hormones by such athletes. Requires the Comptroller General to report to the appropriate congressional committees on the adequacy of such testing policies and procedures in detecting and preventing the use of performance-enhancing substances and include recommendations regarding expanding the application of this Act to intercollegiate and interscholastic athletic associations.
 
(Sec. 6) Provides that this Act does not prohibit professional sports associations and their athletes from negotiating and agreeing upon more stringent requirements.


Legislative actions:
action_date: 2005-09-30
text: Placed on the Union Calendar, Calendar No. 133.
action_date: 2005-09-30
text: Committee on Education and the Workforce discharged.
action_date: 2005-09-30
text: Committee on Education and the Workforce discharged.
action_date: 2005-09-30
text: Subcommittee on Education Reform Discharged.
action_date: 2005-09-30
text: Subcommittee on 21st Century Competitiveness Discharged.
action_date: 2005-09-30
text: Subcommittee on Workforce Protections Discharged.
action_date: 2005-07-28
text: House Committee on Education and the Workforce Granted an extension for further consideration ending not later than Sept. 30, 2005.
action_date: 2005-07-28
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 109-210, Part I.
action_date: 2005-07-28
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 109-210, Part I.
action_date: 2005-07-25
text: Referred to the Subcommittee on Education Reform.
action_date: 2005-07-25
text: Referred to the Subcommittee on 21st Century Competitiveness.
action_date: 2005-07-25
text: Referred to the Subcommittee on Workforce Protections.
action_date: 2005-06-29
text: Ordered to be Reported (Amended) by the Yeas and Nays: 38 - 2.
action_date: 2005-06-28
text: Committee Consideration and Mark-up Session Held.
action_date: 2005-06-28
text: 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.
action_date: 2005-06-28
text: 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.
action_date: 2005-06-28
text: 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.
action_date: 2005-06-28
text: Introduced in House
action_date: 2005-06-28
text: Introduced in House