II 

109TH CONGRESS 

1ST SESSION S. 1114 

To establish minimum drug testing standards for major professional sports 

leagues. 

IN THE SENATE OF THE UNITED STATES 

MAY 24, 2005 

Mr. MCCAIN (for himself and Mr. STEVENS) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL

To establish minimum drug testing standards for major 

professional sports leagues.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Clean Sports Act of 

5 2005’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) The use of anabolic steroids and other per9 formance-enhancing substances by minors is a public 

10 health problem of national significance. 
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1 (2) Experts estimate that over 500,000 teen2 agers have used performance-enhancing substances, 

3 which medical experts warn can cause a litany of 

4 health problems for individuals who take them, in 

5 particular children and teenagers. 

6 (3) The adverse health effects caused by 

7 steroids and other performance-enhancing sub8 stances include stunted growth, scarring acne, hair 

9 loss, dramatic mood swings, hormonal and metabolic 

10 imbalances, liver damage, a higher risk of heart dis11 ease and stroke later in life, as well as an increased 

12 propensity to demonstrate aggressive behavior, com13 mit suicide, and commit crimes. 

14 (4) Professional athletes are role models for 

15 young athletes and influence the behavior of children 

16 and teenagers. 

17 (5) Congressional testimony by parents of mi18 nors who used performance enhancing drugs, as well 

19 as medical and health experts, indicates that the ac20 tual or alleged use of performance-enhancing sub21 stances by professional athletes results in the in22 creased use of these substances by children and 

23 teenagers. 

24 (6) Surveys and studies suggest a connection 

25 between the actual or alleged use of performance-en-
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1 hancing substances by college and professional ath2 letes and the increased use of these substances by 

3 children and teenagers. 

4 (7) The real or perceived tolerance of the use 

5 of performance-enhancing substances by professional 

6 athletes has resulted in both increased pressure on 

7 children and teenagers to use performance-enhanc8 ing drugs in order to advance their athletic careers 

9 and to professional sports loss of integrity. 

10 (8) The adoption by professional sports leagues 

11 of strong policies to eliminate the use of perform12 ance-enhancing substances would result in the re13 duced use of these substances by children and teen14 agers. 

15 (9) Minimum drug testing standards for profes16 sional sports established by Federal law would en17 sure the adoption of strong policies to eliminate the 

18 use of performance-enhancing substances in profes19 sional sports. 

20 (10) Minimum drug testing standards for pro21 fessional sports established by Federal law would 

22 help return integrity to professional sports. 

23 (11) Congress has for several years expressed a 

24 strong interest in the problem of the role of perform-
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1 ance-enhancing drugs in professional sports and 

2 other levels of sports. 

3 (12) Congress has for several years regulated 

4 the use of anabolic steroids and other performance5 enhancing substances. 

6 (13) Recent Federal laws regulating the use of 

7 anabolic steroids and other performance-enhancing 

8 substances were enacted in large part to reduce the 

9 prevalence of these substances in sports. 

10 (14) Congress has for several years regulated 

11 both professional and amateur sports. 

12 (b) PURPOSE.—The purpose of this Act is to protect 

13 the integrity of professional sports and the health and 

14 safety of athletes generally by establishing minimum 

15 standards for the testing of steroids and other perform16 ance-enhancing substances by professional sports leagues. 

17 SEC. 3. DEFINITIONS. 

18 In this Act: 

19 (1) ANTI-DOPING CODE.—The term ‘‘anti20 doping code’’ means the doping control standards es21 tablished in the United States Anti-Doping Agency 

22 Protocol for Olympic Movement Testing (excluding 

23 substances or methods prohibited in a particular 

24 sport, as defined in such protocol). 
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1 (2) COMMISSION.—The term ‘‘Commission’’ 

2 means the Federal Trade Commission. 

3 (3) DIRECTOR.—The term ‘‘Director’’ means 

4 the Director of the Office of National Drug Control 

5 Policy. 

6 (4) MAJOR PROFESSIONAL LEAGUE.—The term 

7 ‘‘major professional league’’ means Major League 

8 Baseball, the National Basketball Association, the 

9 National Football League, and the National Hockey 

10 League or any successor organization to those 

11 leagues. 

12 (5) OFF-SEASON.—The term ‘‘off-season’’ 

13 means the period of time in each calendar year out14 side of the season of play for each major profes15 sional league. 

16 (6) PROFESSIONAL ATHLETE.—The term ‘‘pro17 fessional athlete’’ means an individual who competes 

18 in a major professional league. 

19 (7) PROFESSIONAL GAME.—The term ‘‘profes20 sional game’’ means any game held in the United 

21 States between any professional teams of a major 

22 professional league. 

23 (8) PROHIBITED METHOD OR SUBSTANCE.— 
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1 (A) PROHIBITED METHOD.—The term 

2 ‘‘prohibited method’’ means a method listed and 

3 described in the Anti-Doping Code. 

4 (B) PROHIBITED SUBSTANCE.—The term 

5 ‘‘prohibited substance’’ means a substance list6 ed and described in the Anti-Doping Code. 

7 (C) PERIOD OF PROHIBITION.—A sub8 stance prohibited in-competition by the Anti9 Doping Code shall be a prohibited substance 

10 only during the season of play. Only a sub11 stance or method prohibited out-of-competition 

12 by the Anti-Doping Code shall be a prohibited 

13 substance or method during the off-season. 

14 (9) SEASON OF PLAY.— 

15 (A) IN GENERAL.—The term ‘‘season of 

16 play’’ for each major professional league means 

17 the period of time in each calendar year begin18 ning with the date on which professional ath19 letes of that major professional league are col20 lectively obligated to report to their teams in 

21 preparation for play and ending with the last 

22 game of the major professional league’s regular 

23 season. 

24 (B) POST-SEASON.—The season of play 

25 shall include post-season play for an athlete 
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1 who is a member of a team that remains active 

2 in post-season play. 

3 SEC. 4. MINIMUM UNIFORM TESTING STANDARDS. 

4 (a) CONDUCT PROHIBITED.—It shall be unlawful for 

5 a major professional league to arrange, promote, organize, 

6 or produce a professional game without meeting the re7 quirements in subsection (b). 

8 (b) MINIMUM TESTING REQUIREMENTS.—Each 

9 major professional league shall implement policies and 

10 procedures for the testing of the use of prohibited sub11 stances by professional athletes who compete in each re12 spective major professional league which shall be inde13 pendently administered and shall be consistent with and 

14 as stringent as the doping control standard established by 

15 the United States Anti-Doping Agency, and which shall, 

16 at minimum, include the following: 

17 (1) TIMING AND FREQUENCY OF TESTING.— 

18 (A) IN GENERAL.—Each professional ath19 lete shall be tested a minimum of 5 times each 

20 calendar year that such athlete is competing in 

21 games organized by the major professional 

22 league. 

23 (B) TIMING.—Each athlete shall be test24 ed— 
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1 (i) at least 3 times, each with no ad2 vance notice, during each season of play; 

3 and 

4 (ii) at least 2 times, each with no ad5 vance notice, during the off-season. 

6 (2) TEST DISTRIBUTION PLANNING.—Each 

7 major professional league shall certify to the Direc8 tor on or prior to December 31 of each year that it 

9 has consulted with the United States Anti-Doping 

10 Agency in the development of its test distribution 

11 plan for both season of play and off-season testing. 

12 (3) METHOD OF TESTING.—Each major profes13 sional league shall certify to the Director on or prior 

14 to December 31 of each year that it has consulted 

15 with the United States Anti-Doping Agency in the 

16 development of its drug testing protocols for both 

17 season of play and off-season testing. 

18 (4) APPLICABLE SUBSTANCES.—Each profes19 sional athlete shall be tested for all prohibited sub20 stances at the time of each test. A major profes21 sional league may make exceptions for any prohib22 ited substances that have been properly prescribed 

23 by a doctor of medicine licensed in the United States 

24 for legitimate and documented therapeutic purposes. 
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1 (5) ANALYSIS OF SAMPLE.—Each sample pro2 vided shall be analyzed by a laboratory approved by 

3 the United States Anti-Doping Agency. 

4 (6) POSITIVE TESTS.— 

5 (A) IN GENERAL.—A positive test shall 

6 consist of the presence in the sample of any 

7 prohibited substance or its metabolites or mark8 ers, or evidence of the use of a prohibited meth9 od, unless that substance was prescribed to the 

10 athlete in accordance with paragraph (4). 

11 (B) REFUSAL.—A refusal by a professional 

12 athlete to submit to a test or a failure of a pro13 fessional athlete to submit to a test without 

14 compelling justification shall also be considered 

15 a positive test. 

16 (7) PENALTIES.— 

17 (A) GENERAL RULE.— 

18 (i) FIRST VIOLATION.—Except as pro19 vided in subparagraph (B), a professional 

20 athlete who tests positive shall be imme21 diately suspended for a minimum of 2 

22 years for a first violation. All suspensions 

23 shall include a loss of pay for the period of 

24 the suspension. 
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1 (ii) SECOND VIOLATION.—A second 

2 violation shall result in a lifetime ban of 

3 the professional athlete from all major pro4 fessional leagues. 

5 (B) EXCEPTIONS.— 

6 (i) KNOWLEDGE OF THE ATHLETE.—

7 A major professional league may impose a 

8 lesser penalty than provided in subpara9 graph (A) or no penalty if the professional 

10 athlete establishes that he did not know or 

11 suspect, and could not reasonably have 

12 known or suspected even with the exercise 

13 of utmost caution, that he had used the 

14 prohibited substance. 

15 (ii) ASSISTANCE IN IDENTIFYING VIO16 LATIONS.—A major professional league 

17 may impose a lesser penalty than provided 

18 in subparagraph (A) if the professional 

19 athlete provides substantial assistance to 

20 the major professional league in identifying 

21 violations of the league’s drug testing pol22 icy by other professional athletes or assist23 ance in violations of the league’s drug test24 ing policy by any coach, trainer, manager, 

25 agent, team staff, official, medical, or 
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1 other personnel working with or treating 

2 professional athletes participating in or 

3 preparing for sports competition. 

4 (8) ADJUDICATION.— 

5 (A) CONSULTATION.—Each major profes6 sional league shall certify to the Director on or 

7 prior to December 31 of each year that it has 

8 consulted with the United States Anti-Doping 

9 Agency in the development of its adjudication 

10 process. 

11 (B) DUE PROCESS.—If a professional ath12 lete tests positive, the professional athlete shall 

13 have the right to notice, a fair, timely, and ex14 pedited hearing, representation by counsel and 

15 appeal. 

16 (C) SUSPENSION.—During the pendency of 

17 any proceedings the professional athlete shall be 

18 suspended from participating in any profes19 sional game. 

20 (9) PUBLIC DISCLOSURE.— 

21 (A) TESTING.—A major professional 

22 league shall publicly disclose the identity of any 

23 professional player who has tested positive as 

24 well as the prohibited substance or prohibited 
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1 method for which he tested positive not later 

2 than 30 days after receiving the test results. 

3 (B) PENALTY.—A major professional 

4 league shall publicly disclose the name of any 

5 penalized athlete, the penalty imposed, the sub6 stance for which the player tested positive, and 

7 the reason for the penalty not later than 15 

8 days after the final disposition of the player’s 

9 case. 

10 SEC. 5. PROMULGATION OF STANDARDS BY THE DIRECTOR 

11 OF THE OFFICE OF NATIONAL DRUG CON12 TROL POLICY. 

13 (a) IN GENERAL.—The Director shall have the au14 thority to promulgate standards that would modify the 

15 provisions of section 4 as they apply to an individual major 

16 professional league for exceptional circumstances or for 

17 other good cause. 

18 (b) EFFECTIVENESS MAINTAINED.—A modification 

19 under subsection (a) shall not— 

20 (1) reduce the effectiveness of the standards in 

21 eliminating the use of steroids or other performance22 enhancing substances in any major professional 

23 league; or 
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1 (2) diminish the leadership role of the United 

2 States in eliminating the use of steroids or other 

3 performance-enhancing substances in sports. 

4 (c) INCLUSION OF ADDITIONAL LEAGUES.—The Di5 rector may include an additional professional sporting 

6 league or the colleges and athletes participating in Divi7 sion I or Division II of the NCAA as a major professional 

8 league if the Director determines that such additions 

9 would prevent the use of performance-enhancing sub10 stances by high school, college, or professional athletes. 

11 (d) DELEGATION.—The Director may delegate the 

12 administration of this Act to any other appropriate agency 

13 of the Federal Government. 

14 SEC. 6. ENFORCEMENT BY THE FEDERAL TRADE COMMIS15 SION. 

16 (a) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.—

17 A violation of section 4 shall be treated as a violation of 

18 section 18 of the Federal Trade Commission Act (15 

19 U.S.C. 57a) regarding unfair or deceptive acts or prac20 tices. 

21 (b) POWERS OF COMMISSION.— 

22 (1) IN GENERAL.—The Commission shall issue 

23 and enforce the regulations for the enforcement of 

24 section 4 in the same manner, by the same means, 

25 and with the same jurisdiction, powers, and duties 
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1 as though all applicable terms and provisions of the 

2 Federal Trade Commission Act (15 U.S.C. 41 et 

3 seq.) were incorporated into and made a part of this 

4 Act. Any person who violates such regulations shall 

5 be subject to the penalties and entitled to the privi6 leges and immunities provided in that Act. 

7 (2) ENHANCED PENALTY FOR VIOLATIONS.—

8 Notwithstanding subsection (a) and the Federal 

9 Trade Commission Act, in the case of a person who 

10 violates section 4, the Commission may, in its discre11 tion, seek a civil penalty for such violation in an 

12 amount, as determined by the Commission, of not 

13 more than $1,000,000 for each violation of section 

14 4. 

15 (3) GENERAL AUTHORITY.—Nothing in this Act 

16 shall be construed to limit the authority of the Com17 mission under any other provision of law. 

18 SEC. 7. REPORTS TO CONGRESS. 

19 (a) FIRST LEAGUE REPORT.— 

20 (1) IN GENERAL.—Not later than 6 months 

21 after completion of a professional sports league’s 

22 first season of play after the effective date of this 

23 Act, each major professional league shall transmit to 

24 the Committee on Commerce, Science, and Trans25 portation of the Senate and the Committee on En-
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1 ergy and Commerce and the Committee on Govern2 ment Reform of the House of Representatives, a re3 port on its testing policies and procedures. 

4 (2) CONTENTS.—The report required by this 

5 subsection shall contain— 

6 (A) a comparison of the major professional 

7 league’s testing policy (including its adjudica8 tion procedures) to that of the United States 

9 Anti-Doping Agency, emphasizing the dif10 ferences between the policies and the rationales 

11 for the differences; and 

12 (B) aggregate data on the number of pro13 fessional players tested by the major profes14 sional league and the prohibited substances de15 tected in samples or prohibited methods, includ16 ing the number of tests conducted during the 

17 season of play and during the off-season. 

18 (b) BIENNIAL LEAGUE REPORTS.—Each major pro19 fessional league shall transmit to the Committee on Com20 merce, Science, and Transportation of the Senate and the 

21 Committee on Energy and Commerce and the Committee 

22 on Government Reform of the House of Representatives, 

23 on a biennial basis, a report containing the data and anal24 ysis required in subsection (a) for each of the 2 prior 

25 years. 
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1 (c) ONDCP REPORT.—Not later than 1 year after 

2 the date of enactment of this Act, and subsequently there3 after as determined appropriate by the Director, the Di4 rector shall report to the Committee on Commerce, 

5 Science, and Transportation of the Senate and the Com6 mittee on Energy and Commerce and the Committee on 

7 Government Reform of the House of Representatives, rec8 ommendations for improving any Federal law governing 

9 controlled substances as may be necessary for reducing the 

10 use of steroids and other performance-enhancing sub11 stances. 

12 SEC. 8. PROMULGATION OF STANDARDS BY UNITED 

13 STATES BOXING COMMISSION. 

14 Upon the latter of 12 months after enactment of this 

15 Act or 12 months after the establishment of the United 

16 States Boxing Commission pursuant to Federal law, that 

17 commission shall, in consultation with the Association of 

18 Boxing Commissions and the United States Anti-Doping 

19 Agency, promulgate uniform performance-enhancing sub20 stance testing standards for professional boxing that are 

21 consistent with section 4. 

22 SEC. 9. STUDY ON COLLEGE TESTING POLICIES AND PRO23 CEDURES. 

24 (a) STUDY.—The Government Accountability Office 

25 shall conduct a study on the use of performance-enhancing 
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1 substances by college athletes which shall examine the pro2 hibited substance policies and testing procedures of inter3 collegiate athletic associations and college and university 

4 athletic departments. 

5 (b) REPORT.— 

6 (1) SUBMISSION TO CONGRESS.—Not later than 

7 1 year after the date of enactment of this Act, the 

8 Government Accountability Office shall transmit a 

9 report to the Committee on Commerce, Science, and 

10 Transportation of the Senate and the Committee on 

11 Energy and Commerce and the Committee on Gov12 ernment Reform of the House of Representatives. 

13 (2) CONTENTS.—The report required by this 

14 subsection shall— 

15 (A) assess the adequacy of the testing poli16 cies and procedures described in subsection (a) 

17 in detecting and preventing the use of perform18 ance-enhancing substances; and 

19 (B) include recommendations to Congress 

20 regarding expanding the application of the reg21 ulations issued pursuant to this Act to such 

22 intercollegiate and interscholastic athletic asso23 ciations. 
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1 SEC. 10. COMMISSION ON HIGH SCHOOL AND COLLEGIATE 

2 ATHLETICS. 

3 (a) COMMISSION.—The Director shall establish a 

4 commission on high school and collegiate athletics. 

5 (b) REPORT.—Not later than 1 year after the date 

6 of enactment of this Act, the commission shall report to 

7 Congress— 

8 (1) findings on the use of steroids and other 

9 performance-enhancing substances in high school 

10 and collegiate sports; and 

11 (2) recommendations for reducing their use. 

12 SEC. 11. SENSE OF CONGRESS. 

13 It is the sense of Congress that— 

14 (1) professional sports leagues not regulated by 

15 this Act should adhere to the drug testing standards 

16 established in this Act; 

17 (2) all professional sports should implement 

18 policies and procedures for the testing of the use of 

19 prohibited substances or the detection of prohibited 

20 methods by professional athletes that ensure that 

21 American professional sports leagues are world lead22 ers in the effort to keep steroids and other perform23 ance-enhancing drugs out of sports; 

24 (3) all professional sports should implement 

25 policies and procedures that address the development 

26 of designer steroids and emerging methods for 
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1 doping, including gene doping, that enhance sports 

2 performance, are potential or actual health risks, 

3 and are contrary to the spirit of the sport; and 

4 (4) each major professional league should 

5 produce and publicize public service announcements 

6 regarding the health and safety consequences of 

7 steroids and other similar performance-enhancing 

8 substances on children and teenagers. 

9 SEC. 12. EFFECTIVE DATE. 

10 This Act shall take effect 1 year after the date of 

11 enactment of this Act.

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