The Clean Sports Act of 2005 directs the National Basketball Association (NBA), National Football League (NFL), National Hockey league (NHL), and Major League Baseball (MLB) to test athletes for substances prohibited by the U.S. Anti-Doping Agency (USADA).
The Act would make it unlawful to arrange, promote, organize, or produce a game unless the league meets certain requirements their drug testing program. The requirements are:
· The program is independently administered (no in-house administration)
· Consistent with, and as stringent, as the standards set forth by USADA
· Athletes are tested a minimum of five times per calendar year, which includes at least three in-season random tests and at least two off-season random tests
· Each test shall be for all banned substances
· Individual leagues can make exceptions for legitimate medical explanations and therapeutic use
· Testing must be conducted using labs approved by USADA
· Testing is done to the limits of detection, and a test is considered positive by the presence of a prohibited substance, its metabolites, or markers
· A refusal to test is also considered a positive
· The league must consult with the USADA each year on the development of their test distribution plan, protocols for in-season and out-of-season testing, and adjudication process
The director of the Office of National Drug Control Policy (ONDCP) would oversee some aspects of the program. ONDCP can set/change standards for individual sports if needed so long as it does not reduce the effectiveness of the standards or diminish the leadership role of the U.S. in eliminating doping. ONDCP can also include other leagues as needed, including NCAA.
Not meeting these criteria in a drug testing programs would be treated as a violation of the Federal Trade Commission Act regarding unfair or deceptive practices.
The leagues would also report to Congress and ONDCP the details of their testing policy, how it compares to the USADA policies, data on the number of players tested, substances found, and number of tests performed.
The General Accounting Office (GAO) would conduct a study on college testing and procedures, and ONDCP would establish a commission on high school and college athletics. The legislation also explicitly encourages all other sports to adopt these policies.
Penalties:
· First violation is two-year suspension without pay, and a second violation is lifetime ban in all professional sports
· Leagues can lessen penalties if the athlete can prove that he did not know or suspect that he used the substance, or if he is a whistleblower for abuses by other people (including coaches, agents, managers, trainers, etc.)
· The identities of positive players will be publicly disclosed within 30 days of the positive test
DATIA agrees with the spirit of the legislation but sees one major area where it is lacking, namely the exclusion of treatment and education requirements. While drug testing serves as an excellent deterrent for drug use, those who use despite the negative effect it will have on their career need treatment and education to prevent the long-term adverse effects on their health. Including education and treatment options will also a send a strong message to young people that help is available.
DATIA has recommended that a provision be added to the legislation that reduces the penalties for an athlete who successfully completes a recognized treatment and education program, and allows him to return to the sport.
Click here to view the USADA policies and procedures
