[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3084 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 3084

  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 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.

    (a) Rulemaking.--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 to 
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 5 times each year that such 
        athlete is participating in the activities organized by the 
        professional sports association. Tests shall be conducted at 
        random intervals throughout the entire year, during both the 
        season of play and the off-season, and the athlete shall not be 
        notified in advance of the test.
            (2) Applicable substances.--The Secretary, in consultation 
        with the Director of the National Institute 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 
                        performance-enhancing substances for any 
                        particular sport, or substances whose purpose 
                        is to conceal the presence of performance-
                        enhancing substances in the body, and for which 
                        testing is reasonable and practicable; and
                    (B) such additional substances that the Secretary 
                may determine to be performance-enhancing substances 
                for any particular sport, or substances whose purpose 
                is to conceal the presence of performance-enhancing 
                substances in the body, and for which testing is 
                reasonable and practicable.
            (3) Therapeutic and medical use exemptions.--The Secretary, 
        in consultation with the Director of the National Institute on 
        Drug Abuse, shall establish criteria by which professional 
        sports associations, after consultation with the athletes who 
        participate in the activities of such professional sports 
        association (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 substance 
        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 criteria whereby tests shall be 
        administered by an independent party not affiliated with the 
        professional sports association.
            (5) Penalties.--Subject to the determination made pursuant 
        to an appeal as described in paragraph (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 
                        professional sports association for a period 
                        not less than \1/2\ of a season of play, 
                        including suspension from the number of games 
                        constituting \1/2\ of a season of play.
                            (ii) An athlete who tests positive, having 
                        once previously violated the policies 
                        concerning prohibited substances, shall be 
                        suspended from participation in the 
                        professional sports association for a period 
                        not less than an entire season of play, 
                        including suspension from the number of games 
                        constituting a full season of play.
                            (iii) An athlete who tests positive, having 
                        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 suspension shall be 
                disclosed to the public.
                    (C) Exceptional circumstances.--The Secretary shall 
                establish criteria by which professional sports 
                associations may reduce the period of suspension for an 
                athlete who has tested positive for a prohibited 
                substance but who establishes that he or she bears no 
                fault or negligence or no significant fault or 
                negligence for the violation. 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 
                criteria shall not require a professional sports 
                association to adopt a policy providing for reductions 
                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 association shall hold a hearing 
                before an arbiter established under subparagraph (B) 
                and such arbiter 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 adjudication.
                    (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 association (or the representatives 
                of such athletes), and shall be approved by the 
                Secretary, and such approval 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 associations.

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 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. 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 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 testing policies and practices (and their 
        implementation) for performance-enhancing substances for 
        athletes at colleges and secondary schools. 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.
        The study shall also include an analysis of the best available 
        estimates for both licit and illicit use of anabolic 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 
        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.

SEC. 6. RULES OF CONSTRUCTION.

    (a) Pre-Existing Policies.--Nothing in this Act shall be construed 
to prohibit a professional sports association from continuing to 
enforce policies and procedures governing 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 association 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.
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