100 
‘‘(D) advising the Director on the 
efforts of each National Drug Control 
Program agency to implement the Na-
tional 
Interdiction 
Command 
and 
Control Plan. 
‘‘(3) STAFF.—The Director shall assign 
such permanent staff of the Office as he 
considers 
appropriate 
to 
assist 
the 
United States Interdiction Coordinator to 
carry out the responsibilities described 
in paragraph (2), and may also, at his dis-
cretion, request that appropriate Na-
tional Drug Control Program agencies de-
tail or assign staff to the Office of Supply 
Reduction for that purpose. 
‘‘(4) NATIONAL INTERDICTION COMMAND 
AND CONTROL PLAN.— 
‘‘(A) 
PURPOSES.—The 
National 
Interdiction Command and Control 
Plan shall— 
‘‘(i) set forth the Government’s 
strategy for drug interdiction; 
‘‘(ii) state the specific roles 
and responsibilities of the rel-
evant National Drug Control Pro-
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101 
gram agencies for implementing 
that strategy; and 
‘‘(iii) identify the specific re-
sources required to enable the 
relevant National Drug Control 
Program agencies to implement 
that strategy. 
‘‘(B) CONSULTATION
WITH
OTHER 
AGENCIES.—The United States Inter-
diction Coordinator shall issue the 
National Interdiction Command and 
Control Plan in consultation with the 
other members of the Interdiction 
Committee described in subsection 
(b). 
‘‘(C) 
LIMITATION.—The 
National 
Interdiction Command and Control 
Plan shall not change existing agency 
authorities or the laws governing 
interagency relationships, but may 
include 
recommendations 
about 
changes to such authorities or laws. 
‘‘(D) REPORT TO CONGRESS.—On or 
before March 1 of each year, the 
United States Interdiction Coordi-
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102 
nator shall provide a report on behalf 
of the Director to the appropriate 
congressional 
committees, 
to 
the 
Committee on Armed Services and 
the Committee on Homeland Security 
of the House of Representatives, and 
to the Committee on Homeland Secu-
rity and Governmental Affairs and 
the Committee on Armed Services of 
the Senate, which shall include— 
‘‘(i) a copy of that year’s Na-
tional Interdiction Command and 
Control Plan; 
‘‘(ii) information for the pre-
vious 10 years regarding the num-
ber and type of seizures of drugs 
by each National Drug Control 
Program agency conducting drug 
interdiction activities, as well as 
statistical information on the geo-
graphic areas of such seizures; 
and 
‘‘(iii) information for the pre-
vious 10 years regarding the num-
ber of air and maritime patrol 
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103 
hours undertaken by each Na-
tional 
Drug 
Control 
Program 
agency conducting drug interdic-
tion activities, as well as statis-
tical information on the geo-
graphic areas in which such pa-
trol hours took place. 
‘‘(E) TREATMENT OF CLASSIFIED OR 
LAW ENFORCEMENT SENSITIVE INFORMA-
TION.—Any content of the report de-
scribed in subparagraph (D) that in-
volves information classified under 
criteria established by an Executive 
order, or the public disclosure of 
which, as determined by the United 
States Interdiction Coordinator or 
the head of any relevant National 
Drug Control Program agency, would 
be detrimental to the law enforce-
ment or national security activities of 
any Federal, State, or local agency, 
shall be presented to Congress sepa-
rately from the rest of the plan. 
‘‘(b) INTERDICTION COMMITTEE.— 
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104 
‘‘(1) IN
GENERAL.—The Interdiction 
Committee shall meet to— 
‘‘(A) discuss and resolve issues re-
lated to the coordination, oversight 
and integration of international, bor-
der, and domestic drug interdiction 
efforts in support of the National 
Drug Control Strategy; 
‘‘(B) review the annual National 
Interdiction Command and Control 
Plan, and provide advice to the Direc-
tor and the United States Interdiction 
Coordinator concerning that plan; 
and 
‘‘(C) provide such other advice to 
the Director concerning drug inter-
diction strategy and policies as the 
committee determines is appropriate. 
‘‘(2) MEMBERSHIP.—The membership of 
the Interdiction Committee shall consist 
of— 
‘‘(A) the Commissioner of the bu-
reau of Customs and Border Protec-
tion at the Department of Homeland 
Security; 
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105 
‘‘(B) the Assistant Secretary of the 
bureau of Immigration and Customs 
Enforcement at the Department of 
Homeland Security; 
‘‘(C) 
the 
Commandant 
of 
the 
United States Coast Guard; 
‘‘(D) the Director of the Office of 
Counternarcotics Enforcement at the 
Department of Homeland Security; 
‘‘(E) the Administrator of the 
Drug Enforcement Administration; 
‘‘(F) the Assistant Secretary of 
State for International Narcotics and 
Law Enforcement Affairs; 
‘‘(G) the Assistant Secretary of De-
fense for Special Operations and Low 
Intensity Conflict; 
‘‘(H) the Deputy Director for Sup-
ply Reduction of the Office of Na-
tional Drug Control Policy, acting in 
his role as the United States Interdic-
tion Coordinator; 
‘‘(I) the director of the Crime and 
Narcotics Center of the Central Intel-
ligence Agency; 
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106 
‘‘(J) the Deputy Director for State 
and Local Affairs of the Office of Na-
tional Drug Control Policy; 
‘‘(K) the Chief of the National 
Guard Bureau’s Counterdrug Pro-
gram; and 
‘‘(L) such additional persons as 
may be determined by the Director. 
‘‘(3) CHAIRMAN.—The Director shall 
designate one of the members of the 
Interdiction Committee to serve as chair-
man. 
‘‘(4) MEETINGS.—The members of the 
Interdiction Committee shall meet, in 
person and not through any delegate or 
representative, at least once per calendar 
year, prior to March 1. At the call of ei-
ther the Director or the current chair-
man, the Interdiction Committee may 
hold additional meetings, which shall be 
attended by the members either in per-
son, or through such delegates or rep-
resentatives as they may choose. 
‘‘(5) REPORT.—Not later than Sep-
tember 30 of each year, the chairman of 
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107 
the Interdiction Committee shall submit 
a report to the Director and to the appro-
priate congressional committees describ-
ing the results of the meetings and any 
significant findings of the Committee 
during the previous 12 months. Any con-
tent of such a report that involves infor-
mation classified under criteria estab-
lished by an Executive order, or whose 
public disclosure, as determined by the 
Director, the chairman, or any member, 
would be detrimental to the law enforce-
ment or national security activities of 
any Federal, State, or local agency, shall 
be presented to Congress separately from 
the rest of the report.’’. 
(b) CONFORMING AMENDMENT TO HOMELAND 
SECURITY ACT
OF 2002.—Section 878 of the 
Homeland Security Act of 2002 (6 U.S.C. 458) 
is amended— 
(1) in subsection (c), by striking ‘‘Ex-
cept as provided in subsection (d), the’’ 
and inserting ‘‘The’’; and 
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108 
(2) by striking subsection (d) and re-
designating subsections (e), (f), and (g) as 
subsections (d), (e), and (f), respectively. 
SEC. 114. AUTHORIZATION OF APPROPRIATIONS. 
Section 714 (21 U.S.C. 1711) is amended— 
(1) by striking ‘‘title,’’ and inserting 
‘‘title, except activities for which amounts 
are otherwise specifically authorized by 
this title,’’; and 
(2) by striking ‘‘1999 through 2003’’ 
and inserting ‘‘2006 through 2010’’. 
SEC. 115. TECHNICAL AMENDMENTS AND REPEAL. 
(a) AMENDMENT TO PUBLIC HEALTH SERVICE 
ACT TO REPLACE OBSOLETE REFERENCES.—Sec-
tion 464P(c) of the Public Health Service Act 
(42 U.S.C. 285o–4(c)) is amended— 
(1) in paragraph (1), by striking 
‘‘under section 1002 of the Anti-Drug 
Abuse Act of 1988 (21 U.S.C. 1501)’’ and 
inserting ‘‘under section 703 of the Office 
of National Drug Control Policy Reau-
thorization Act of 1998 (21 U.S.C. 1702)’’; 
and 
(2) in paragraph (2), by striking 
‘‘under section 1005 of the Anti-Drug 
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109 
Abuse Act of 1988 (21 U.S.C. 1504)’’ and 
inserting ‘‘under section 706 of the Office 
of National Drug Control Policy Reau-
thorization Act of 1998 (21 U.S.C. 1705)’’. 
(b) REPEAL OF SPECIAL FORFEITURE FUND.— 
Section 6073 of the Asset Forfeiture Amend-
ments Act of 1988 (21 U.S.C. 1509) is repealed. 
SEC. 116. REQUIREMENT FOR DISCLOSURE OF FEDERAL 
SPONSORSHIP 
OF 
ALL 
FEDERAL 
ADVER-
TISING OR OTHER COMMUNICATION MATE-
RIALS. 
Section 712 is amended to read as follows: 
‘‘SEC. 712. REQUIREMENT FOR DISCLOSURE OF FEDERAL 
SPONSORSHIP 
OF 
ALL 
FEDERAL 
ADVER-
TISING OR OTHER COMMUNICATION MATE-
RIALS. 
‘‘(a) REQUIREMENT.—Each advertisement 
or other communication paid for by the Of-
fice, either directly or through a contract 
awarded by the Office, shall include a promi-
nent notice informing the target audience 
that the advertisement or other communica-
tion is paid for by the Office. 
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110 
‘‘(b) ADVERTISEMENT OR OTHER COMMUNICA-
TION.—In this section, the term ‘advertisement 
or other communication’ includes— 
‘‘(1) an advertisement disseminated in 
any form, including print or by any elec-
tronic means; and 
‘‘(2) a communication by an indi-
vidual in any form, including speech, 
print, or by any electronic means.’’. 
SEC. 117. POLICY RELATING TO SYRINGE EXCHANGE PRO-
GRAMS. 
Section 703(a) (21 U.S.C. 1702(a)) is 
amended by adding at the end the following: 
‘‘When developing the national drug control 
policy, any policy of the Director relating to 
syringe exchange programs for intravenous 
drug users shall be based on the best avail-
able medical and scientific evidence regard-
ing their effectiveness in promoting indi-
vidual health and preventing the spread of in-
fectious disease, and their impact on drug ad-
diction and use. In making any policy relating 
to syringe exchange programs, the Director 
shall consult with the National Institutes of 
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111 
Health 
and 
the 
National 
Academy 
of 
Sciences.’’. 
TITLE II—CLEAN SPORTS ACT 
OF 2005 
SEC. 201. ADDITION OF MINIMUM DRUG TESTING STAND-
ARDS TO OFFICE OF NATIONAL DRUG CON-
TROL POLICY ACT. 
(a) AMENDMENT.—The Office of National 
Drug Control Policy Reauthorization Act of 
1998 (Public Law 105–277; 21 U.S.C. 1701 et 
seq.) is amended— 
(1) by inserting before section 701 the 
following: 
‘‘Subtitle A—Office of National 
Drug Control Policy’’; and 
(2) by adding at the end the following 
new subtitle: 
‘‘Subtitle B—Clean Sports Act of 
2005 
‘‘SEC. 721. SHORT TITLE. 
‘‘This subtitle may be cited as the ‘Clean 
Sports Act of 2005’. 
‘‘SEC. 722. FINDINGS AND PURPOSE. 
‘‘(a)
FINDINGS.—Congress
finds
the
fol-
lowing: 
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112 
‘‘(1) The use of anabolic steroids and 
other performance-enhancing substances 
by minors is a public health problem of 
national significance. 
‘‘(2)
Experts
estimate
that
over 
500,000
teenagers
have
used
perform-
ance-enhancing substances, which med-
ical experts warn can cause a litany of 
health problems for individuals who take 
them, in particular children and teen-
agers. 
‘‘(3) The adverse health effects caused 
by
steroids
and
other
performance-en-
hancing
substances
include
stunted 
growth, scarring acne, hair loss, dramatic 
mood
swings,
hormonal
and
metabolic 
imbalances, liver damage, a higher risk of 
heart disease and stroke later in life, as 
well as an increased propensity to dem-
onstrate aggressive behavior, commit sui-
cide, and commit crimes. 
‘‘(4)
Professional
athletes
are
role 
models for young athletes and influence 
the behavior of children and teenagers. 
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113 
‘‘(5) Congressional testimony by par-
ents of minors who used performance en-
hancing drugs, as well as medical and 
health experts, indicates that the actual 
or alleged use of performance-enhancing 
substances by professional athletes re-
sults in the increased use of these sub-
stances by children and teenagers. 
‘‘(6) Surveys and studies suggest a 
connection between the actual or alleged 
use of performance-enhancing substances 
by college and professional athletes and 
the increased use of these substances by 
children and teenagers. 
‘‘(7) The real or perceived tolerance of 
the use of performance-enhancing sub-
stances by professional athletes has re-
sulted in both increased pressure on chil-
dren and teenagers to use performance- 
enhancing
drugs
in
order
to
advance 
their athletic careers and to professional 
sports loss of integrity. 
‘‘(8)
The
adoption
by
professional 
sports leagues of strong policies to elimi-
nate the use of performance-enhancing 
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114 
substances would result in the reduced 
use of these substances by children and 
teenagers. 
‘‘(9) Minimum drug testing standards 
for
professional
sports
established
by 
Federal law would ensure the adoption of 
strong policies to eliminate the use of 
performance-enhancing
substances
in 
professional sports. 
‘‘(10)
Minimum
drug
testing
stand-
ards for professional sports established 
by Federal law would help return integ-
rity to professional sports. 
‘‘(11) Congress has for several years 
expressed a strong interest in the prob-
lem of the role of performance-enhancing 
drugs in professional sports and other 
levels of sports. 
‘‘(12) Congress has for several years 
regulated the use of anabolic steroids 
and
other
performance-enhancing
sub-
stances. 
‘‘(13) Recent Federal laws regulating 
the use of anabolic steroids and other 
performance-enhancing substances were 
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115 
enacted in large part to reduce the preva-
lence of these substances in sports. 
‘‘(14) Congress has for several years 
regulated both professional and amateur 
sports. 
‘‘(b) PURPOSE.—The purpose of this sub-
title is to protect the integrity of professional 
sports and the health and safety of athletes 
generally by establishing minimum standards 
for the testing of steroids and other perform-
ance-enhancing
substances
by
professional 
sports leagues. 
‘‘SEC. 723. DEFINITIONS. 
‘‘In this subtitle: 
‘‘(1)
ANTI-DOPING
CODE.—The
term 
‘anti-doping code’ means the doping con-
trol standards established in the United 
States Anti-Doping Agency Protocol for 
Olympic
Movement
Testing
(excluding 
substances or methods prohibited in a 
particular sport, as defined in such pro-
tocol). 
‘‘(2) COMMISSION.—The term ‘Commis-
sion’ means the Federal Trade Commis-
sion. 
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116 
‘‘(3)
DIRECTOR.—The
term
‘Director’ 
means the Director of the Office of Na-
tional Drug Control Policy. 
‘‘(4)
MAJOR
PROFESSIONAL
LEAGUE.— 
The
term
‘major
professional
league’ 
means Major League Baseball, the Na-
tional
Basketball
Association,
the
Na-
tional Football League, and the National 
Hockey League or any successor organi-
zation to those leagues. 
‘‘(5)
OFF-SEASON.—The
term
‘off-sea-
son’ means the period of time in each cal-
endar year outside of the season of play 
for each major professional league. 
‘‘(6)
PROFESSIONAL
ATHLETE.—The 
term ‘professional athlete’ means an indi-
vidual who competes in a major profes-
sional league. 
‘‘(7)
PROFESSIONAL
GAME.—The
term 
‘professional game’ means any game held 
in the United States between any profes-
sional
teams
of
a
major
professional 
league. 
‘‘(8)
PROHIBITED
METHOD
OR
SUB-
STANCE.— 
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117 
‘‘(A)
PROHIBITED
METHOD.—The 
term
‘prohibited
method’
means
a 
method listed and described in the 
Anti-Doping Code. 
‘‘(B) PROHIBITED
SUBSTANCE.—The 
term ‘prohibited substance’ means a 
substance listed and described in the 
Anti-Doping Code. 
‘‘(C)
PERIOD
OF
PROHIBITION.—A 
substance
prohibited
in-competition 
by the Anti-Doping Code shall be a 
prohibited substance only during the 
season of play. Only a substance or 
method prohibited out-of-competition 
by the Anti-Doping Code shall be a 
prohibited substance or method dur-
ing the off-season. 
‘‘(9) SEASON OF PLAY.— 
‘‘(A) IN GENERAL.—The term ‘sea-
son of play’ for each major profes-
sional
league
means
the
period
of 
time in each calendar year beginning 
with the date on which professional 
athletes
of
that
major
professional 
league are collectively obligated to 
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118 
report to their teams in preparation 
for play and ending with the last 
game
of
the
major
professional 
league’s regular season. 
‘‘(B) POST-SEASON.—The season of 
play shall include post-season play 
for an athlete who is a member of a 
team that remains active in post-sea-
son play. 
‘‘SEC. 724. MINIMUM UNIFORM TESTING STANDARDS. 
‘‘(a) CONDUCT PROHIBITED.—It shall be un-
lawful for a major professional league to ar-
range, promote, organize, or produce a profes-
sional game without meeting the require-
ments in subsection (b). 
‘‘(b)
MINIMUM
TESTING
REQUIREMENTS.— 
Each major professional league shall imple-
ment policies and procedures for the testing 
of the use of prohibited substances by profes-
sional athletes who compete in each respec-
tive major professional league which shall be 
independently administered and shall be con-
sistent with and as stringent as the doping 
control standard established by the United 
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119 
States Anti-Doping Agency, and which shall, 
at minimum, include the following: 
‘‘(1) TIMING
AND
FREQUENCY
OF
TEST-
ING.— 
‘‘(A)
IN
GENERAL.—Each
profes-
sional athlete shall be tested a min-
imum of 5 times each calendar year 
that
such
athlete
is
competing
in 
games organized by the major profes-
sional league. 
‘‘(B) TIMING.—Each athlete shall 
be tested— 
‘‘(i) at least 3 times, each with 
no advance notice, during each 
season of play; and 
‘‘(ii) at least 2 times, each with 
no advance notice, during the off- 
season. 
‘‘(2)
TEST
DISTRIBUTION
PLANNING.— 
Each major professional league shall cer-
tify to the Director on or prior to Decem-
ber 31 of each year that it has consulted 
with the United States Anti-Doping Agen-
cy in the development of its test distribu-
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120 
tion plan for both season of play and off- 
season testing. 
‘‘(3) METHOD OF TESTING.—Each major 
professional league shall certify to the Di-
rector on or prior to December 31 of each 
year
that
it
has
consulted
with
the 
United States Anti-Doping Agency in the 
development of its drug testing protocols 
for both season of play and off-season 
testing. 
‘‘(4)
APPLICABLE
SUBSTANCES.—Each 
professional athlete shall be tested for all 
prohibited substances at the time of each 
test. A major professional league may 
make exceptions for any prohibited sub-
stances
that
have
been
properly
pre-
scribed by a doctor of medicine licensed 
in the United States for legitimate and 
documented therapeutic purposes. 
‘‘(5) ANALYSIS OF SAMPLE.—Each sam-
ple provided shall be analyzed by a lab-
oratory approved by the United States 
Anti-Doping Agency. 
‘‘(6) POSITIVE TESTS.— 
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121 
‘‘(A) IN GENERAL.—A positive test 
shall consist of the presence in the 
sample of any prohibited substance 
or its metabolites or markers, or evi-
dence of the use of a prohibited meth-
od, unless that substance was pre-
scribed to the athlete in accordance 
with paragraph (4). 
‘‘(B) REFUSAL.—A refusal by a pro-
fessional athlete to submit to a test or 
a failure of a professional athlete to 
submit to a test without compelling 
justification shall also be considered 
a positive test. 
‘‘(7) PENALTIES.— 
‘‘(A) GENERAL RULE.— 
‘‘(i) FIRST
VIOLATION.—Except 
as provided in subparagraph (B), 
a professional athlete who tests 
positive shall be immediately sus-
pended for a minimum of 2 years 
for a first violation. All suspen-
sions shall include a loss of pay 
for the period of the suspension. 
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122 
‘‘(ii) SECOND VIOLATION.—A sec-
ond violation shall result in a life-
time ban of the professional ath-
lete from all major professional 
leagues. 
‘‘(B) EXCEPTIONS.— 
‘‘(i) KNOWLEDGE
OF
THE
ATH-
LETE.—A
major
professional 
league may impose a lesser pen-
alty
than
provided
in
subpara-
graph (A) or no penalty if the pro-
fessional athlete establishes that 
he did not know or suspect, and 
could not reasonably have known 
or suspected even with the exer-
cise of utmost caution, that he 
had
used
the
prohibited
sub-
stance. 
‘‘(ii) ASSISTANCE IN IDENTIFYING 
VIOLATIONS.—A major professional 
league may impose a lesser pen-
alty
than
provided
in
subpara-
graph (A) if the professional ath-
lete
provides
substantial
assist-
ance
to
the
major
professional 
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league in identifying violations of 
the league’s drug testing policy by 
other professional athletes or as-
sistance
in
violations
of
the 
league’s
drug
testing
policy
by 
any
coach,
trainer,
manager, 
agent, team staff, official, medical, 
or other personnel working with 
or treating professional athletes 
participating in or preparing for 
sports competition. 
‘‘(8) ADJUDICATION.— 
‘‘(A)
CONSULTATION.—Each
major 
professional
league
shall
certify
to 
the Director on or prior to December 
31 of each year that it has consulted 
with the United States Anti-Doping 
Agency in the development of its ad-
judication process. 
‘‘(B)
DUE
PROCESS.—If
a
profes-
sional athlete tests positive, the pro-
fessional athlete shall have the right 
to notice, a fair, timely, and expedited 
hearing,
representation
by
counsel 
and appeal. 
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124 
‘‘(C)
SUSPENSION.—During
the 
pendency of any proceedings the pro-
fessional athlete shall be suspended 
from
participating
in
any
profes-
sional game. 
‘‘(9) PUBLIC DISCLOSURE.— 
‘‘(A)
TESTING.—A
major
profes-
sional league shall publicly disclose 
the identity of any professional play-
er who has tested positive as well as 
the prohibited substance or prohib-
ited method for which he tested posi-
tive not later than 30 days after re-
ceiving the test results. 
‘‘(B)
PENALTY.—A
major
profes-
sional league shall publicly disclose 
the name of any penalized athlete, 
the penalty imposed, the substance 
for which the player tested positive, 
and the reason for the penalty not 
later than 15 days after the final dis-
position of the player’s case. 
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125 
‘‘SEC. 725. PROMULGATION OF STANDARDS BY THE DIREC-
TOR OF THE OFFICE OF NATIONAL DRUG 
CONTROL POLICY. 
‘‘(a) IN GENERAL.—The Director shall have 
the authority to promulgate standards that 
would modify the provisions of section 724 as 
they apply to an individual major profes-
sional league for exceptional circumstances 
or for other good cause. 
‘‘(b) EFFECTIVENESS MAINTAINED.—A modi-
fication under subsection (a) shall not— 
‘‘(1) reduce the effectiveness of the 
standards
in
eliminating
the
use
of 
steroids or other performance-enhancing 
substances
in
any
major
professional 
league; or 
‘‘(2) diminish the leadership role of 
the United States in eliminating the use 
of steroids or other performance-enhanc-
ing substances in sports. 
‘‘(c) INCLUSION OF ADDITIONAL LEAGUES.— 
The Director may include an additional pro-
fessional sporting league or the colleges and 
athletes participating in Division I or Divi-
sion II of the NCAA as a major professional 
league if the Director determines that such 
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