109th Congress

Drug Free Sports Act

H.R. 1982, H.R. 3084

Background

The Drug Free Sports Act was introduced by Representative Cliff Stearns (R-FL) following a series of high-profile congressional hearings during which Baseball Commissioner Bud Selig; former major league home-run hitter and author of the book Juiced, Jose Canseco; Baltimore Orioles infielder Rafael Palmeiro; retired baseball slugger Mark McGwire; and other witnesses testified about the prevalence of steroid abuse in professional baseball. The witness panels at these hearings also included parents of young athletes who committed suicide after using steroids; some of these parents have created private foundations to educate young people and their parents about the dangers of steroid abuse.

The Drug Free Sports Act is one of two similar bills designed to set minimum steroid-testing rules and penalties for the major U.S. professional sports associations. This bill would have established a Federal drug-testing policy, using the standards set by the Olympic Committee, for the National Football League, the National Basketball Association, the National Hockey League, Major League Baseball, Major League Soccer, and the Arena Football League. The bill would have required a 2-year ban for the first offense and a lifetime ban for a second and would have mandated two tests per athlete each year. The other steroids-related bill, the Clean Sports Act of 2005, sponsored by Representatives Thomas M. Davis III (R-VA) and Henry A. Waxman (D-CA), would have imposed the same penalties but would have required five tests per athlete each year. The Drug Free Sports Act would have given the Secretary of Commerce authority over the drug-testing policies of U.S. professional sports associations, whereas the Clean Sports Act of 2005 would have given oversight to the Director of the White House Office of National Drug Control Policy.

The Drug Free Sports Act would have assigned a consulting role to the Director of the National Institute on Drug Abuse (NIDA) in determining the substances for which athletes would be tested and in developing policies and procedures for the administration of those tests. The Clean Sports Act of 2005 would not have authorized responsibilities for the National Institutes of Health.

The Drug Free Sports Act and Clean Sports Act of 2005 emerged from the House Committees on Energy and Commerce and on Government Reform, respectively. Representatives from both committees made statements suggesting that they intended to consult on this issue.

Provisions of the Legislation/Impact on NIH

Section 3 of the legislation would have required the Secretary of Commerce, in consultation with the Director of NIDA, to:

• “Prescribe the substances for which each athlete shall be tested...”
• “Establish criteria by which professional sports associations . . . may provide an athlete with an exemption for a particular substance”
• “Establish criteria whereby tests shall be administered by an independent party not affiliated with the professional sports association”

Status and Outlook

H.R. 1982 was introduced by Representative Stearns on April 26, 2005, and was referred to the House Energy and Commerce Subcommittee on Commerce, Trade and Consumer Protection on May 13. It was forwarded to the full committee on May 25, and amendments yielded another bill by the same name (H.R. 3084). No further action occurred on this legislation during the 109th Congress.

H.R. 3084 was introduced by Representative Stearns on June 28, 2005, and was referred to the House Committees on Energy and Commerce and on Education and the Workforce. It was reported out by the House Committee on Energy and Commerce on June 29. The House Committee on Education and the Workforce was granted an extension for further consideration until September 30, and the bill was placed on the House legislative calendar under General Orders on September 30. No further action occurred on this legislation during the 109th Congress.