I 
109TH CONGRESS 
1ST SESSION H. R. 2565 
To reauthorize the Office of National Drug Control Policy Act and to establish 
minimum drug testing standards for major professional sports leagues. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 24, 2005 
Mr. TOM DAVIS of Virginia (for himself, Mr. WAXMAN, Mr. SOUDER, Mr. 
CUMMINGS, Mr. SHAYS, Mr. OWENS, Mr. MCHUGH, Mrs. MALONEY, Mr. 
PLATTS, Mr. DAVIS of Illinois, Mr. DUNCAN, Mr. CLAY, Mr. ISSA, Mr. 
LYNCH, Mr. DENT, Ms. LINDA T. SA´NCHEZ of California, Ms. FOXX, and 
Ms. NORTON) introduced the following bill; which was referred to the 
Committee on Government Reform, and in addition to the Committees on 
Energy and Commerce and Education and the Workforce, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To reauthorize the Office of National Drug Control Policy 
Act and to establish minimum drug testing standards 
for major professional sports leagues. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Table of contents.
TITLE I—REAUTHORIZATION OF OFFICE OF NATIONAL DRUG 
CONTROL POLICY ACT 
Sec. 101. Short title. 
Sec. 102. Repeal of termination provision. 
Sec. 103. Authorization of appropriations. 
TITLE II—CLEAN SPORTS ACT OF 2005 
Sec. 201. Addition of minimum drug testing standards to Office of National 
Drug Control Policy Act. 
TITLE I—REAUTHORIZATION OF 
OFFICE OF NATIONAL DRUG 
CONTROL POLICY ACT 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Office of National 
Drug Control Reauthorization Act’’. 
SEC. 102. REPEAL OF TERMINATION PROVISION. 
Section 715 of the Office of National Drug Control 
Policy Reauthorization Act of 1998 (Public Law 105–277; 
21 U.S.C. 1712) is repealed, and the law shall read as 
if such section was never in effect. 
SEC. 103. AUTHORIZATION OF APPROPRIATIONS. 
Section 714 of such Act (21 U.S.C. 1711) is amend-
ed— 
(1) by striking ‘‘title,’’ and inserting ‘‘subtitle, 
except activities for which amounts are otherwise 
specifically authorized by this subtitle,’’; and 
(2) by striking ‘‘1999 through 2003’’ and in-
serting ‘‘2006 through 2010’’.
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 Con-
trol Policy Act of 1998 (Public Law 105–277; 21 U.S.C. 
1701 et seq.) is amended— 
(1) by inserting before section 701 the fol-
lowing: 
‘‘Subtitle A—Office of National 
Drug Control Policy’’; and 
(2) by adding at the end the following new sub-
title: 
‘‘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 following: 
‘‘(1) The use of anabolic steroids and other per-
formance-enhancing substances by minors is a public 
health problem of national significance.
‘‘(2) Experts estimate that over 500,000 teen-
agers have used performance-enhancing substances, 
which medical experts warn can cause a litany of 
health problems for individuals who take them, in 
particular children and teenagers. 
‘‘(3) The adverse health effects caused by 
steroids and other performance-enhancing sub-
stances include stunted growth, scarring acne, hair 
loss, dramatic mood swings, hormonal and metabolic 
imbalances, liver damage, a higher risk of heart dis-
ease and stroke later in life, as well as an increased 
propensity to demonstrate aggressive behavior, com-
mit suicide, and commit crimes. 
‘‘(4) Professional athletes are role models for 
young athletes and influence the behavior of children 
and teenagers. 
‘‘(5) Congressional testimony by parents of mi-
nors who used performance enhancing drugs, as well 
as medical and health experts, indicates that the ac-
tual or alleged use of performance-enhancing sub-
stances by professional athletes results in the in-
creased use of these substances by children and 
teenagers. 
‘‘(6) Surveys and studies suggest a connection 
between the actual or alleged use of performance-en-
hancing substances by college and professional ath-
letes and the increased use of these substances by 
children and teenagers. 
‘‘(7) The real or perceived tolerance of the use 
of performance-enhancing substances by professional 
athletes has resulted in both increased pressure on 
children and teenagers to use performance-enhanc-
ing 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 eliminate the use of per-
formance-enhancing substances would result in the 
reduced use of these substances by children and 
teenagers. 
‘‘(9) Minimum drug testing standards for pro-
fessional sports established by Federal law would en-
sure the adoption of strong policies to eliminate the 
use of performance-enhancing substances in profes-
sional sports. 
‘‘(10) Minimum drug testing standards for pro-
fessional sports established by Federal law would 
help return integrity to professional sports. 
‘‘(11) Congress has for several years expressed 
a strong interest in the problem of the role of per-
formance-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 substances. 
‘‘(13) Recent Federal laws regulating the use of 
anabolic steroids and other performance-enhancing 
substances were enacted in large part to reduce the 
prevalence of these substances in sports. 
‘‘(14) Congress has for several years regulated 
both professional and amateur sports. 
‘‘(b) PURPOSE.—The purpose of this subtitle 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 control standards es-
tablished 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 protocol).
‘‘(2) COMMISSION.—The term ‘Commission’ 
means the Federal Trade Commission. 
‘‘(3) DIRECTOR.—The term ‘Director’ means 
the Director of the Office of National Drug Control 
Policy. 
‘‘(4) MAJOR
PROFESSIONAL
LEAGUE.—The 
term ‘major professional league’ means Major 
League Baseball, the National Basketball Associa-
tion, the National Football League, and the National 
Hockey League or any successor organization to 
those leagues. 
‘‘(5) 
OFF-SEASON.—The 
term 
‘off-season’ 
means the period of time in each calendar year out-
side of the season of play for each major profes-
sional league. 
‘‘(6) PROFESSIONAL ATHLETE.—The term ‘pro-
fessional athlete’ means an individual who competes 
in a major professional league. 
‘‘(7) PROFESSIONAL GAME.—The term ‘profes-
sional game’ means any game held in the United 
States between any professional teams of a major 
professional league. 
‘‘(8) PROHIBITED METHOD OR SUBSTANCE.—
‘‘(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 sub-
stance prohibited in-competition by the Anti- 
Doping Code shall be a prohibited substance 
only during the season of play. Only a sub-
stance or method prohibited out-of-competition 
by the Anti-Doping Code shall be a prohibited 
substance or method during the off-season. 
‘‘(9) SEASON OF PLAY.— 
‘‘(A) IN GENERAL.—The term ‘season of 
play’ for each major professional league means 
the period of time in each calendar year begin-
ning with the date on which professional ath-
letes of that major professional league are col-
lectively obligated to 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-season play. 
‘‘SEC. 724. MINIMUM UNIFORM TESTING STANDARDS. 
‘‘(a) CONDUCT PROHIBITED.—It shall be unlawful 
for a major professional league to arrange, promote, orga-
nize, or produce a professional game without meeting the 
requirements in subsection (b). 
‘‘(b) MINIMUM
TESTING
REQUIREMENTS.—Each 
major professional league shall implement policies and 
procedures for the testing of the use of prohibited sub-
stances by professional athletes who compete in each re-
spective major professional league which shall be inde-
pendently administered and shall be consistent with and 
as stringent as the doping control standard established by 
the United States Anti-Doping Agency, and which shall, 
at minimum, include the following: 
‘‘(1) TIMING AND FREQUENCY OF TESTING.— 
‘‘(A) IN GENERAL.—Each professional ath-
lete shall be tested a minimum of 5 times each 
calendar year that such athlete is competing in 
games organized by the major professional 
league. 
‘‘(B) TIMING.—Each athlete shall be test-
ed—
‘‘(i) at least 3 times, each with no ad-
vance notice, during each season of play; 
and 
‘‘(ii) at least 2 times, each with no ad-
vance notice, during the off-season. 
‘‘(2) TEST
DISTRIBUTION
PLANNING.—Each 
major professional league shall certify to the Direc-
tor 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 test distribution 
plan for both season of play and off-season testing. 
‘‘(3) METHOD OF TESTING.—Each major pro-
fessional league shall certify to the Director on or 
prior to December 31 of each year that it has con-
sulted 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 profes-
sional athlete shall be tested for all prohibited sub-
stances at the time of each test. A major profes-
sional league may make exceptions for any prohib-
ited substances that have been properly prescribed 
by a doctor of medicine licensed in the United States 
for legitimate and documented therapeutic purposes.
‘‘(5) ANALYSIS OF SAMPLE.—Each sample pro-
vided shall be analyzed by a laboratory approved by 
the United States Anti-Doping Agency. 
‘‘(6) POSITIVE TESTS.— 
‘‘(A) IN GENERAL.—A positive test shall 
consist of the presence in the sample of any 
prohibited substance or its metabolites or mark-
ers, or evidence of the use of a prohibited meth-
od, unless that substance was prescribed to the 
athlete in accordance with paragraph (4). 
‘‘(B) REFUSAL.—A refusal by a profes-
sional athlete to submit to a test or a failure of 
a professional athlete to submit to a test with-
out compelling justification shall also be consid-
ered a positive test. 
‘‘(7) PENALTIES.— 
‘‘(A) GENERAL RULE.— 
‘‘(i) FIRST
VIOLATION.—Except as 
provided in subparagraph (B), a profes-
sional athlete who tests positive shall be 
immediately suspended for a minimum of 2 
years for a first violation. All suspensions 
shall include a loss of pay for the period of 
the suspension.