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Press Release

Upton Co-Authors Bill Creating National Drug Testing Standard for Professional Athletes
“Drug Free Sports Act” modeled after Olympic testing policies – the first offense will result in two year suspension, the second a lifetime ban

WASHINGTON , DC – Congressman Fred Upton (R-St. Joseph), a senior member of the House Energy and Commerce Committee, has co-authored the “Drug Free Sports Act” with Reps. Cliff Stearns (R-FL) and Gene Green (D-TX) to create a national standard for testing professional athletes for performance enhancing drugs. The legislation is modeled after drug testing policies administered by the International Olympic Committee, with the first offense mandating a two year suspension and the second offense resulting in a lifetime ban. The legislation was introduced this afternoon.

“ What kind of message are we sending our kids when professional sports leagues look the other way when it comes to steroids and performance enhancers?” asked Upton. “It is an inappropriate message with deadly consequences that we are sending our kids, that in order to succeed and be the best, they need artificial enhancement. We must shatter the myth that our kids have to win at all costs. A new national standard modeled after the Olympic system will remove all doubt on whether athletes are cheating, and restore the faith and confidence of the American people .”

The legislation directs the Secretary of Commerce, within 9 months of the signing of the bill into law, to issue regulations requiring testing for steroids and other illicit substances for professional sports leagues.

The “Drug Free Sports Act” mandates that drug policies must meet minimum criteria of:

• Random testing of each athlete at least once per year
• Test for substances on the prohibited substances list issued by the World Anti-Doping Agency
• Test for any other performance enhancing substance the Secretary of Commerce may determine
• Testing shall be administered by an unaffiliated independent party

“Performance enhancing drugs have maligned professional athletics in this country,” said Upton . “By implementing the Olympic standard, we will lift the cloud of suspicion that has plagued pro athletes and restore integrity to our professional sports leagues. It is a sad commentary that, despite current testing policies, speculation is rampant that athletes continue to cheat.”

The drug testing program must provide athletes the right to appeal within 30 days. Noncompliance by a sports association to adopt or enforce the policies and procedures is $5 million for initial offense and $1 million for each day of non-compliance thereafter. The legislation also requires the GAO to conduct a study on the drug testing policies of high schools and colleges and their efficacy. The report would include recommendations on whether the legislation should be expanded to cover those entities.

The Commerce, Trade & Consumer Protection Subcommittee, which Upton is a member and Rep. Stearns chairs, is expected to hold a hearing on the bipartisan legislation next week.

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