‘‘(ii) SECOND VIOLATION.—A second 
violation shall result in a lifetime ban of 
the professional athlete from all major pro-
fessional leagues. 
‘‘(B) EXCEPTIONS.— 
‘‘(i) 
KNOWLEDGE
OF
THE
ATH-
LETE.—A major professional league may 
impose a lesser penalty than provided in 
subparagraph (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 ex-
ercise of utmost caution, that he had used 
the prohibited substance. 
‘‘(ii) ASSISTANCE
IN
IDENTIFYING 
VIOLATIONS.—A major professional league 
may impose a lesser penalty than provided 
in subparagraph (A) if the professional 
athlete provides substantial assistance to 
the major professional league in identifying 
violations of the league’s drug testing pol-
icy by other professional athletes or assist-
ance in violations of the league’s drug test-
ing 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 profes-
sional 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 adjudication 
process. 
‘‘(B) DUE
PROCESS.—If a professional 
athlete tests positive, the professional athlete 
shall have the right to notice, a fair, timely, and 
expedited hearing, representation by counsel 
and appeal. 
‘‘(C) SUSPENSION.—During the pendency 
of any proceedings the professional athlete shall 
be suspended from participating in any profes-
sional game. 
‘‘(9) PUBLIC DISCLOSURE.— 
‘‘(A) 
TESTING.—A 
major 
professional 
league shall publicly disclose the identity of any 
professional player who has tested positive as 
well as the prohibited substance or prohibited
method for which he tested positive not later 
than 30 days after receiving the test results. 
‘‘(B) PENALTY.—A major professional 
league shall publicly disclose the name of any 
penalized athlete, the penalty imposed, the sub-
stance for which the player tested positive, and 
the reason for the penalty not later than 15 
days after the final disposition of the player’s 
case. 
‘‘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 au-
thority to promulgate standards that would modify the 
provisions of section 724 as they apply to an individual 
major professional league for exceptional circumstances or 
for other good cause. 
‘‘(b) EFFECTIVENESS MAINTAINED.—A modification 
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-enhancing substances in sports. 
‘‘(c) INCLUSION OF ADDITIONAL LEAGUES.—The Di-
rector may include an additional professional sporting 
league or the colleges and athletes participating in Divi-
sion I or Division II of the NCAA as a major professional 
league if the Director determines that such additions 
would prevent the use of performance-enhancing sub-
stances by high school, college, or professional athletes. 
‘‘(d) DELEGATION.—The Director may delegate the 
administration of this subtitle to any other appropriate 
agency of the Federal Government. 
‘‘SEC. 726. ENFORCEMENT BY THE FEDERAL TRADE COM-
MISSION. 
‘‘(a) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.— 
A violation of section 724 shall be treated as a violation 
of section 18 of the Federal Trade Commission Act (15 
U.S.C. 57a) regarding unfair or deceptive acts or prac-
tices. 
‘‘(b) POWERS OF COMMISSION.— 
‘‘(1) IN GENERAL.—The Commission shall issue 
and enforce the regulations for the enforcement of 
section 724 in the same manner, by the same means, 
and with the same jurisdiction, powers, and duties
as though all applicable terms and provisions of the 
Federal Trade Commission Act (15 U.S.C. 41 et 
seq.) were incorporated into and made a part of this 
subtitle. Any person who violates such regulations 
shall be subject to the penalties and entitled to the 
privileges and immunities provided in that Act. 
‘‘(2) ENHANCED PENALTY FOR VIOLATIONS.— 
Notwithstanding subsection (a) and the Federal 
Trade Commission Act, in the case of a person who 
violates section 724, the Commission may, in its dis-
cretion, seek a civil penalty for such violation in an 
amount, as determined by the Commission, of not 
more than $1,000,000 for each violation of section 
724. 
‘‘(3) GENERAL
AUTHORITY.—Nothing in this 
subtitle shall be construed to limit the authority of 
the Commission under any other provision of law. 
‘‘SEC. 727. REPORTS TO CONGRESS. 
‘‘(a) FIRST LEAGUE REPORT.— 
‘‘(1) IN GENERAL.—Not later than 6 months 
after completion of a professional sports league’s 
first season of play after the effective date of this 
subtitle, each major professional league shall trans-
mit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on
Energy and Commerce and the Committee on Gov-
ernment Reform of the House of Representatives, a 
report on its testing policies and procedures. 
‘‘(2) CONTENTS.—The report required by this 
subsection shall contain— 
‘‘(A) a comparison of the major profes-
sional league’s testing policy (including its adju-
dication procedures) to that of the United 
States Anti-Doping Agency, emphasizing the 
differences between the policies and the ration-
ales for the differences; and 
‘‘(B) aggregate data on the number of pro-
fessional players tested by the major profes-
sional league and the prohibited substances de-
tected in samples or prohibited methods, includ-
ing the number of tests conducted during the 
season of play and during the off-season. 
‘‘(b) BIENNIAL LEAGUE REPORTS.—Each major pro-
fessional league shall transmit to the Committee on Com-
merce, Science, and Transportation of the Senate and the 
Committee on Energy and Commerce and the Committee 
on Government Reform of the House of Representatives, 
on a biennial basis, a report containing the data and anal-
ysis required in subsection (a) for each of the 2 prior 
years.
‘‘(c) ONDCP REPORT.—Not later than 1 year after 
the date of enactment of this subtitle, and subsequently 
thereafter as determined appropriate by the Director, the 
Director shall report to the Committee on Commerce, 
Science, and Transportation of the Senate and the Com-
mittee on Energy and Commerce and the Committee on 
Government Reform of the House of Representatives, rec-
ommendations for improving any Federal law governing 
controlled substances as may be necessary for reducing the 
use of steroids and other performance-enhancing sub-
stances. 
‘‘SEC. 728. PROMULGATION OF STANDARDS BY UNITED 
STATES BOXING COMMISSION. 
‘‘Upon the later of 12 months after enactment of this 
subtitle or 12 months after the establishment of the 
United States Boxing Commission pursuant to Federal 
law, that commission shall, in consultation with the Asso-
ciation of Boxing Commissions and the United States 
Anti-Doping Agency, promulgate uniform performance-en-
hancing substance testing standards for professional box-
ing that are consistent with section 724. 
‘‘SEC. 729. STUDY ON COLLEGE TESTING POLICIES AND 
PROCEDURES. 
‘‘(a) STUDY.—The Government Accountability Office 
shall conduct a study on the use of performance-enhancing
substances by college athletes which shall examine the pro-
hibited substance policies and testing procedures of inter-
collegiate athletic associations and college and university 
athletic departments. 
‘‘(b) REPORT.— 
‘‘(1) SUBMISSION
TO
CONGRESS.—Not later 
than 1 year after the date of enactment of this sub-
title, the Government Accountability Office shall 
transmit a report to the Committee on Commerce, 
Science, and Transportation of the Senate and the 
Committee on Energy and Commerce and the Com-
mittee on Government Reform of the House of Rep-
resentatives. 
‘‘(2) CONTENTS.—The report required by this 
subsection shall— 
‘‘(A) assess the adequacy of the testing 
policies and procedures described in subsection 
(a) in detecting and preventing the use of per-
formance-enhancing substances; and 
‘‘(B) include recommendations to Congress 
regarding expanding the application of the reg-
ulations issued pursuant to this subtitle to such 
intercollegiate and interscholastic athletic asso-
ciations.
‘‘SEC. 730. COMMISSION ON HIGH SCHOOL AND COLLE-
GIATE ATHLETICS. 
‘‘(a) COMMISSION.—The Director shall establish a 
commission on high school and collegiate athletics. 
‘‘(b) REPORT.—Not later than 1 year after the date 
of enactment of this subtitle, the commission shall report 
to Congress— 
‘‘(1) findings on the use of steroids and other 
performance-enhancing substances in high school 
and collegiate sports; and 
‘‘(2) recommendations for reducing their use. 
‘‘SEC. 731. SENSE OF CONGRESS. 
‘‘It is the sense of Congress that— 
‘‘(1) professional sports leagues not regulated 
by this subtitle should adhere to the drug testing 
standards established in this subtitle; 
‘‘(2) all professional sports should implement 
policies and procedures for the testing of the use of 
prohibited substances or the detection of prohibited 
methods by professional athletes that ensure that 
American professional sports leagues are world lead-
ers in the effort to keep steroids and other perform-
ance-enhancing drugs out of sports; 
‘‘(3) all professional sports should implement 
policies and procedures that address the development 
of designer steroids and emerging methods for
doping, including gene doping, that enhance sports 
performance, are potential or actual health risks, 
and are contrary to the spirit of the sport; and 
‘‘(4) each major professional league should 
produce and publicize public service announcements 
regarding the health and safety consequences of 
steroids and other similar performance-enhancing 
substances on children and teenagers. 
‘‘SEC. 732. EFFECTIVE DATE. 
‘‘This subtitle shall take effect 1 year after the date 
of enactment of this subtitle.’’. 
(b) CONFORMING AMENDMENTS.—The Office of Na-
tional Drug Control Policy Act of 1998 (Public Law 105– 
277; 21 U.S.C. 1701 et seq.) is further amended— 
(1) by striking ‘‘title’’ each place it appears and 
inserting ‘‘subtitle’’ in— 
(A) section 701; 
(B) section 702; 
(C) section 703(b)(2); 
(D) section 704(d)(1); and 
(E) the first and second sentences of sec-
tion 705(a)(2)(A); and
(2) in section 711(b), by striking ‘‘title’’ and in-
serting ‘‘Office of National Drug Control Policy Re-
authorization Act of 1998’’. 
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