II 

109TH CONGRESS 

1ST SESSION S. 1334 

To provide for integrity and accountability in professional sports. 

IN THE SENATE OF THE UNITED STATES 

JUNE 29, 2005 

Mr. BUNNING (for himself, Mr. STEVENS, and Mr. ROCKEFELLER) introduced 

the following bill; which was read twice and referred to the Committee 

on Commerce, Science, and Transportation 

A BILL

To provide for integrity and accountability in professional 

sports.

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 ‘‘Professional Sports 

5 Integrity and Accountability Act’’. 

6 SEC. 2. EFFECTIVE DATE. 

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

8 enactment of this Act. 

9 SEC. 3. DEFINITIONS. 

10 In this Act: 
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1 (1) COMMISSION.—The term ‘‘Commission’’ 

2 means the Federal Trade Commission. 

3 (2) OFF-SEASON.—The term ‘‘off-season’’ for 

4 each professional athlete means the period of time 

5 outside the professional sports season. 

6 (3) PROFESSIONAL ATHLETE.—The term ‘‘pro7 fessional athlete’’ means an individual who competes 

8 in a professional sports league. 

9 (4) PROFESSIONAL SPORTS EVENT.—The term 

10 ‘‘professional sports event’’ means any game, match, 

11 or competition conducted in the United States be12 tween any teams, clubs, or organizations of a profes13 sional sports league. 

14 (5) PROFESSIONAL SPORTS LEAGUE.—The 

15 term ‘‘professional sports league’’ means Major 

16 League Baseball, Minor League Baseball, the Na17 tional Football League, the Arena Football League, 

18 the National Basketball Association, the Women’s 

19 National Basketball Association, the National Hock20 ey League, Major League Soccer, and any successor 

21 organization to those organizations. 

22 (6) PROFESSIONAL SPORTS SEASON.—The term 

23 ‘‘professional sports season’’ for each professional 

24 athlete means the period of time beginning on the 

25 date on which the athlete is eligible, invited, allowed, 
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1 or required to report for practice or preparation to 

2 compete in a professional sports league and ending 

3 on the later of the date of the league’s last regularly 

4 scheduled professional sports event or the date of 

5 the last professional sports event of the post-season 

6 in which the athlete is eligible, invited, allowed, or 

7 required to participate. 

8 (7) PROTOCOL.—The term ‘‘Protocol’’ means 

9 the United States Anti-Doping Agency Protocol for 

10 Olympic Movement Testing and any successor to 

11 that protocol. 

12 SEC. 4. CONDUCT PROHIBITED. 

13 It is unlawful for a professional sports league to orga14 nize, sponsor, endorse, promote, produce, or recognize a 

15 professional sports event without adopting and enforcing 

16 a testing policy that meets the requirements of section 5. 

17 SEC. 5. MINIMUM DRUG POLICY IN PROFESSIONAL SPORTS. 

18 (a) TESTING POLICY REQUIRED.—Each professional 

19 sports league shall adopt and enforce policies and proce20 dures to— 

21 (1) proscribe the use of prohibited substances 

22 and methods by each professional athlete competing 

23 in the league; 
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1 (2) test for the use of prohibited substances 

2 and methods by each professional athlete competing 

3 in the league; and 

4 (3) proscribe any person associated with the 

5 league from complicity in a violation by a profes6 sional athlete competing in the league. 

7 (b) PROHIBITED SUBSTANCES AND METHODS.—At a 

8 minimum, the prohibited substances and methods are as 

9 follows: 

10 (1) PROFESSIONAL SPORTS SEASON.—During 

11 the professional sports season, all substances and 

12 methods in such amounts as prohibited in-competi13 tion by the Protocol, excluding substances or meth14 ods prohibited in a particular sport as defined by the 

15 Protocol. 

16 (2) OFF-SEASON.—During the off-season, all 

17 substances and methods in such amounts as prohib18 ited out-of-competition by the Protocol, excluding 

19 substances or methods prohibited in a particular 

20 sport as defined by the Protocol. 

21 (3) ADDITIONAL SUBSTANCES AND METH22 ODS.—Any other substances or methods or amounts 

23 of substances or methods determined by the Com24 mission to be performance-enhancing substances or 
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1 methods for which testing is reasonable and prac2 ticable. 

3 (c) VIOLATIONS.— 

4 (1) PROFESSIONAL ATHLETE.—The following 

5 constitute violations of the testing policy under this 

6 section for a professional athlete: 

7 (A) The presence of a prohibited substance 

8 or its metabolites or markers in the bodily spec9 imen of a professional athlete, or evidence of 

10 the use of a prohibited method. 

11 (B) Refusing, or failing without compelling 

12 justification, to submit to a test. The absence of 

13 an athlete from the United States shall not 

14 alone be a compelling justification under this 

15 subparagraph. 

16 (2) ANY PERSON.—The following constitute vio17 lations of the testing policy under this section for 

18 any person associated with a professional sports 

19 league: 

20 (A) The administration or attempted ad21 ministration of a prohibited substance or meth22 od to any professional athlete. 

23 (B) Assisting, encouraging, aiding, abet24 ting, covering up, or any other type of com-
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1 plicity involving a violation by a professional 

2 athlete. 

3 (d) CONDUCT OF TESTS.— 

4 (1) FREQUENCY, RANDOMNESS, AND ADVANCE

5 NOTICE.— 

6 (A) IN GENERAL.—Each professional ath7 lete shall be tested for the use of prohibited 

8 substances and methods no less than 3 times in 

9 each calendar year that the athlete competes in 

10 a professional sports league. 

11 (B) RANDOM.—Tests conducted under this 

12 subsection shall be conducted at random inter13 vals throughout the entire calendar year with 

14 no advance notice to the professional athlete. 

15 (2) ADMINISTRATION AND ANALYSIS.— 

16 (A) IN GENERAL.—Tests under this sub17 section shall be conducted by an independent 

18 entity not subject to the control of any profes19 sional sports league. 

20 (B) METHODS, POLICIES, AND PROCE21 DURES.—The independent entity shall deter22 mine the methods, policies, and procedures of 

23 collection, transportation, and analysis of bodily 

24 specimens of professional athletes necessary to 

25 conduct tests for prohibited substances and 
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1 methods and shall conduct such collection, 

2 transportation, and analysis. 

3 (C) ANALYSIS.—Analysis of specimens 

4 shall be conducted in a laboratory that meets 

5 the requirements for approval by the United 

6 States Anti-Doping Agency and is located with7 in the United States. 

8 (3) SUBSTANCES.— 

9 (A) IN GENERAL.—Each professional ath10 lete shall be tested for all prohibited substances 

11 and methods at the time of the administration 

12 of each test. 

13 (B) LIMITED EXEMPTION FOR MEDICAL OR

14 THERAPEUTIC USE.—A professional sports 

15 league may provide an individual professional 

16 athlete with an exemption for a particular pro17 hibited substance or method if such substance 

18 or method— 

19 (i) has a legitimate and documented 

20 medical or therapeutic use; 

21 (ii) is for a documented medical condi22 tion of such athlete; and 

23 (iii) is properly prescribed by a doctor 

24 of medicine licensed in the United States. 

25 (e) PENALTIES.— 
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1 (1) VIOLATION.—Subject to paragraph (3), a 

2 violation shall result in the following penalties: 

3 (A) FIRST VIOLATION.—A person who 

4 commits a violation shall be immediately sus5 pended from participation in any professional 

6 sports league without pay for a minimum of 2 

7 years. 

8 (B) SECOND VIOLATION.—A person who 

9 commits a violation, having once previously 

10 committed a violation, shall be immediately per11 manently suspended without pay from partici12 pation in any professional sports league. 

13 (2) DISCLOSURE.— 

14 (A) AFTER NOTICE.—Not later than 10 

15 days after receiving notice of a violation under 

16 this section, a professional sports league shall 

17 publicly disclose the name of the violator, the 

18 penalty imposed, and a description of the viola19 tion, including any prohibited substance or 

20 method involved. 

21 (B) ADJUDICATION PROCEEDINGS.—The 

22 league shall publicly disclose the results of any 

23 adjudication proceedings required by paragraph 

24 (3) within 10 days of notice of the termination 

25 of the proceedings. 
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1 (3) ADJUDICATION.— 

2 (A) IN GENERAL.—A professional sports 

3 league shall— 

4 (i) provide a violator with prompt no5 tice and a prompt hearing and right to ap6 peal; and 

7 (ii) permit that violator to have coun8 sel or other representative for the pro9 ceedings. 

10 (B) VIOLATOR SUSPENDED.—A violator 

11 subject to this paragraph shall be suspended 

12 without pay from participation in any profes13 sional sports league during the proceedings. 

14 (f) RECORDS.— 

15 (1) IN GENERAL.—Each professional sports 

16 league shall maintain all documentation and records 

17 pertaining to the policies and procedures required by 

18 this section and make such documentation and 

19 records available to the Commission upon request. 

20 (2) PRIVACY.—With regards to any information 

21 provided to the Commission under this subsection, 

22 nothing in this Act shall be construed to require dis23 closure to the public of health information of an in24 dividual athlete that would not be subject to disclo25 sure under other applicable Federal laws. 
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1 SEC. 6. ENFORCEMENT. 

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

3 Except as provided in subsection (b), this Act shall be en4 forced by the Commission as if a violation of this Act or 

5 of any regulation promulgated by the Commission under 

6 this Act were a violation of section 18 of the Federal 

7 Trade Commission Act regarding unfair or deceptive acts 

8 or practices. 

9 (b) ENHANCED CIVIL PENALTIES.—In addition to 

10 the penalties provided in subsection (a), the Commission 

11 may seek a civil penalty not to exceed $1,000,000 for each 

12 day a professional sports league is in violation of this Act. 

13 (c) PROMULGATION OF REGULATIONS.—The Com14 mission may promulgate such regulations as necessary to 

15 enforce this Act as if the relevant provisions of the Federal 

16 Trade Commission Act were incorporated in this Act. 

17 (d) DELEGATION.—The Commission may delegate 

18 the administration of this Act or any part of this Act to 

19 any appropriate agency of the United States Government. 

20 SEC. 7. RULES OF CONSTRUCTION. 

21 (a) UNITED STATES ANTI-DOPING AGENCY.—Noth22 ing in this Act shall be construed to deem the United 

23 States Anti-Doping Agency an agent of or an actor on 

24 behalf of the United States Government or impose any re25 quirements or place any limitations on the United States 

26 Anti-Doping Agency. 
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1 (b) MORE STRINGENT POLICIES.—Nothing in this 

2 Act shall be construed to prohibit a professional sports 

3 league from adopting and enforcing policies and proce4 dures more stringent than the requirements of this Act. 

5 SEC. 8. SENSE OF CONGRESS ON COORDINATION WITH THE 

6 UNITED STATES ANTI-DOPING AGENCY. 

7 It is the sense of Congress that— 

8 (1) the United States Anti-Doping Agency is 

9 the Nation’s leading expert on testing for and re10 search on performance-enhancing substances and 

11 methods; and 

12 (2) professional sports leagues should consult 

13 with and follow the recommendations and standards 

14 of the Agency in developing their testing policies and 

15 procedures. 

16 SEC. 9. SENSE OF CONGRESS ON PROFESSIONAL SPORTS 

17 RECORDS. 

18 It is the sense of Congress that the individual records 

19 of athletes achieved while using performance-enhancing 

20 drugs should be invalidated. 
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1 SEC. 10. SENSE OF CONGRESS ON OTHER PROFESSIONAL 

2 SPORTS ORGANIZATIONS. 

3 It is the sense of Congress that all professional sports 

4 organizations not covered by this Act should adopt testing 

5 policies that meet the requirements of the Act.

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