[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1862 Introduced in House (IH)]

  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 
     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

_______________________________________________________________________

                                 A BILL


 
  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.

    Be it enacted by the Senate and House of Representatives 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 Basketball Association, the 
        National Football League, the National Hockey League, Major 
        League Soccer, the Arena Football League, and any other league 
        or association that organizes professional athletic 
        competitions as the Secretary may determine.

SEC. 3. RULES REQUIRING MANDATORY TESTING FOR ATHLETES.

    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 associations for the use of performance-enhancing 
substances. Such policies and procedures shall, at minimum, include the 
following:
            (1) Timing and frequency of random testing.--Each athlete 
        shall be tested a minimum of once each year that such athlete 
        is participating in the activities organized by the 
        professional sports association. 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 performance-
                enhancing substances for which testing is reasonable 
                and practicable.
            (3) Method of testing and analysis.--Tests shall be 
        administered by an independent party not affiliated with the 
        professional sports association.
            (4) Penalties.--Subject to the determination made pursuant 
        to an appeal as described in paragraph (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 
                        professional sports association for a minimum 
                        of 2 years.
                            (ii) An athlete who tests positive, having 
                        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 athlete having a 
                positive test result shall be disclosed 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 
        adjudication not later than 30 days after receiving notice of 
        the appeal. The penalties specified in paragraph (4) shall be 
        stayed pending an appeal and final adjudication.

SEC. 4. EXEMPTIONS.

    The Secretary may exempt from the regulations promulgated pursuant 
to section 3 any professional sports association 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 enforce 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 Regulations.--Not later than 2 years 
after the date of enactment of this Act and every 2 years thereafter, 
the Secretary shall transmit 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 describing the effectiveness 
of the regulations prescribed pursuant to this Act, the degree to which 
professional sports associations have complied with such regulations, 
and any significant examples of noncompliance.
    (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-enhancing substances by college and 
        secondary school athletes. The study shall examine the 
        prohibited substance policies and testing procedures of--
                    (A) intercollegiate athletic associations;
                    (B) college and university athletic departments; 
                and
                    (C) secondary schools and State and regional 
                interscholastic athletic associations.
            (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 
        Transportation of the Senate. The report shall assess the 
        adequacy of such testing policies and procedures in detecting 
        and preventing the use of performance-enhancing substances, and 
        shall include any recommendations to Congress regarding 
        expanding the application of the regulations issued pursuant to 
        this Act to such intercollegiate and interscholastic athletic 
        associations.
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