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1 (June 10, 2005)

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                                                                 Order Code RS22156
                                                                 Updated June 10, 2005



 CRS Report for Congress

               Received through the CRS Web



 Drug Testing in Sports: Proposed Legislation

                              Nathan Brooks
                            Legislative Attorney
                          American Law Division

Summary


     Following a wave of allegations that the use of performance enhancing drugs by
 American athletes is growing, various congressional committees have held hearings on
 the effectiveness of the drug testing policies and procedures of professional sports
 leagues. Currently, there are four bills before Congress that would create mandatory
 minimum drug testing procedures for pro sports leagues: S. 1114; H.R. 2565; H.R.
 1862; and H.R. 2516. This report provides a summary of these four bills.


     Introduction. Following a wave of allegations that the use of performance
enhancing drugs by American athletes is growing, various congressional committees have
held hearings on the effectiveness of the drug testing policies and procedures of
professional sports leagues.1 Currently, there are four bills before Congress: S. 1114
(Senator McCain); H.R. 2565 (Representative Davis); H.R. 1862 (Representative
Stearns); and H.R. 2516 (Representative Sweeney). The McCain and Davis bills are
virtually identical, and all four bills would establish minimum drug testing standards for
some professional sports leagues. This report provides a summary of the four bills
currently before Congress and a side-by-side comparison of their major provisions. It is
noted at the outset that government-mandated random drug testing of pro athletes may
raise some constitutional concerns.2

     H.R. 2565. By statute, the authorization for the Office of National Drug Control
Policy (ONDCP) expired in 2003,' although ONDCP has continued to operate through




1 For a comparison of some of the testing regimes used in professional and Olympic sports, see
CRS Report RL32894, Anti-Doping Policies: The Olympics and Selected Professional Sports,
by L. Elaine Halchin.
2 See CRS Report RL3291 1, Federally Mandated Random Drug Testing in Professional
Athletics: Constitutional Issues, by Charles V. Dale.
' 21 U.S.C. § 1712. See CRS Report RL32352, War on Drugs: Reauthorization of the Office of
National Drug Control Policy, by Mark Eddy.

       Congressional Research Service +o The Library of Congress

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