`[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1960 Placed on Calendar Senate (PCS)]







                                                       Calendar No. 280
109th CONGRESS
  1st Session
                                S. 1960

   To protect the health and safety of all athletes, to promote the 
integrity of professional sports by establishing minimum standards for 
the testing of steroids and other performance-enhancing substances and 
    methods by professional sports leagues, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 3, 2005

Mr. Bunning (for himself, Mr. McCain, Mr. Stevens, Mr. Rockefeller, and 
 Mr. Grassley) introduced the following bill; which was read the first 
                                  time

                            November 4, 2005

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
   To protect the health and safety of all athletes, to promote the 
integrity of professional sports by establishing minimum standards for 
the testing of steroids and other performance-enhancing substances and 
    methods by professional sports leagues, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Integrity in Professional Sports 
Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) The use of anabolic steroids and other performance-
        enhancing substances by children and teenagers is a public 
        health problem of national significance.
            (2) Experts estimate that over 500,000 teenagers have used 
        performance-enhancing substances, which medical experts warn 
        can cause a litany of health problems for individuals who take 
        those substances, particularly children and teenagers.
            (3) The adverse health effects caused by steroids and other 
        performance-enhancing substances include--
                    (A) stunted growth;
                    (B) scarring acne;
                    (C) hair loss;
                    (D) dramatic mood swings;
                    (E) hormonal and metabolic imbalances;
                    (F) liver damage;
                    (G) a higher risk of heart disease and stroke later 
                in life; and
                    (H) an increased propensity to demonstrate 
                aggressive behavior, commit 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 minors who used 
        performance-enhancing substances, and by medical and health 
        experts, indicates that the actual or alleged use of 
        performance-enhancing substances by professional athletes 
        results in the increased use of these substances by children 
        and teenagers.
            (6) Surveys and studies suggest a connection between the 
        actual or alleged use of performance-enhancing substances by 
        professional athletes and the increased use of these substances 
        by children and teenagers.
            (7) The real or perceived tolerance of performance-
        enhancing substances by professional athletes has increased the 
        pressure on children and teenagers to use performance-enhancing 
        substances in order to advance their athletic careers and 
        damaged the integrity of professional sports leagues.
            (8) The adoption by professional sports leagues of strong 
        policies to eliminate the use of performance-enhancing 
        substances would contribute to the reduction in the use of 
        these substances by children and teenagers.
            (9) The establishment, by Federal law, of minimum drug 
        testing standards for professional sports would--
                    (A) ensure the adoption of strong policies to help 
                eliminate the use and the perceived use of performance-
                enhancing substances in professional sports; and
                    (B) help return integrity to professional sports.
            (10) For several years, Congress has--
                    (A) expressed a strong interest in the problem of 
                the role of performance-enhancing substances in 
                professional sports and other levels of sports;
                    (B) regulated the use of anabolic steroids and 
                other performance-enhancing substances; and
                    (C) regulated both professional and amateur sports.
            (11) Recent Federal laws regulating the use of anabolic 
        steroids and other performance-enhancing substances were 
        enacted to reduce the prevalence of these substances in sports.
    (b) Purpose.--The purpose of this Act is to protect the health and 
safety of all athletes and promote the integrity of professional sports 
by establishing minimum standards for the testing of steroids and other 
performance-enhancing substances and methods by professional sports 
leagues.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the individual records of professional athletes 
        achieved as a result of the use of performance-enhancing 
        substances or methods should be invalidated;
            (2) all professional sports should implement policies and 
        procedures for testing for the use of prohibited substances and 
        detecting prohibited methods by professional athletes that 
        ensure that American professional sports are world leaders in 
        the effort to keep steroids and other performance-enhancing 
        drugs out of sports; and
            (3) each professional sports league should produce and 
        publicize public service announcements and invest in grassroots 
        efforts regarding the health and safety consequences of 
        steroids and other similar performance-enhancing substances on 
        children and teenagers, and particularly on high school 
        athletes.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Adjudication.--The term ``adjudication'' means the 
        process of prehearing administration, hearings, and appeals 
        arising out of an offense (as defined in section 6(b)).
            (2) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (3) Independent entity.--The term ``independent entity'' 
        means--
                    (A) a not-for-profit organization--
                            (i) that conducts sport drug testing and 
                        adjudication;
                            (ii) that does not have a single 
                        professional sports league as its primary 
                        source of revenue; and
                            (iii) whose board of directors and 
                        employees are not selected by a professional 
                        sports league or any person affiliated with the 
                        professional sports league; or
                    (B) the United States Anti-Doping Agency.
            (4) Off-season.--The term ``off-season'' for each 
        professional athlete means the period of time outside the 
        professional sports season for that athlete.
            (5) Professional athlete.--The term ``professional 
        athlete'' means an individual who competes in a professional 
        sports league.
            (6) Professional sports event.--The term ``professional 
        sports event'' means any game or competition conducted in the 
        United States between any teams, clubs, or organizations of a 
        professional sports league.
            (7) Professional sports league.--The term ``professional 
        sports league'' means Major League Baseball, Minor League 
        Baseball, the National Football League, the National Basketball 
        Association, the National Hockey League, or any successor 
        organization to those organizations.
            (8) Professional sports season.--The term ``professional 
        sports season'' means, for each professional athlete, the 
        period of time--
                    (A) beginning on the date on which the professional 
                athlete is eligible, invited, allowed, or required to 
                report for practice or preparation to compete in a 
                professional sports league; and
                    (B) ending on the later of--
                            (i) the date of the league's last regularly 
                        scheduled game or competition; or
                            (ii) the date of the last game or 
                        competition of the post-season in which the 
                        professional athlete is eligible, invited, 
                        allowed, or required to participate.
            (9) Prohibited method.--The term ``prohibited method'' 
        means a method listed and described in the Protocol (excluding 
        methods prohibited in a particular sport).
            (10) Prohibited substance.--The term ``prohibited 
        substance'' means a substance in such amount as listed and 
        described in the Protocol (excluding substances prohibited in a 
        particular sport).
            (11) Protocol.--The term ``Protocol'' means the United 
        States Anti-Doping Agency Protocol for Olympic Movement 
        Testing.

SEC. 5. CONDUCT PROHIBITED.

    It is unlawful for a professional sports league to organize, 
sponsor, endorse, promote, produce, or recognize a professional sports 
event without adopting and enforcing a testing policy that meets or 
exceeds the requirements under section 6.

SEC. 6. MINIMUM STANDARDS.

    (a) Testing and Adjudication Policy Required.--Each professional 
sports league shall adopt and enforce policies and procedures to--
            (1) proscribe the use of prohibited substances and 
        prohibited methods by each professional athlete competing in a 
        professional sports event of the league;
            (2) test for the use of prohibited substances and 
        prohibited methods by each professional athlete competing in a 
        professional sports event of the league; and
            (3) proscribe any employee or contractor of the league, of 
        a team or club of that league, or of the union representing the 
        professional athletes of that league from complicity in an 
        offense by a professional athlete competing in a professional 
        sports event of the league.
    (b) Offenses.--
            (1) Professional athlete.--A professional athlete commits 
        an offense of the testing policy under this section if--
                    (A) a test reveals the presence of a prohibited 
                substance or its metabolites or markers in the bodily 
                specimen of a professional athlete that demonstrates 
                the use of a prohibited substance or a prohibited 
                method;
                    (B) evidence of the use of a prohibited substance 
                or prohibited method is discovered;
                    (C) the professional athlete refuses or fails to 
                submit to a test without compelling justification, 
                provided that mere absence of an athlete from the 
                United States shall not constitute compelling 
                justification; or
                    (D) the professional athlete tampers with the 
                testing process.
            (2) Other persons or entities.--An employee or contractor 
        of a professional sports league, of a team or club of that 
        league, or of the union representing the professional athletes 
        of that league commits an offense of the testing policy under 
        this section if such person or entity--
                    (A) administers a prohibited substance or 
                prohibited method to any professional athlete; or
                    (B) assists, encourages, aids, abets, covers up, or 
                commits any other type of complicity involving an 
                offense by a professional athlete.
    (c) Test Procedures.--
            (1) Testing frequency and notice.--
                    (A) Frequency.--Each professional athlete shall be 
                tested for the use of prohibited substances and 
                prohibited methods not fewer than 5 times in each 
                calendar year that the athlete competes in a 
                professional sports league, of which--
                            (i) at least 3 tests shall occur during 
                        each professional sports season; and
                            (ii) at least 2 tests shall occur during 
                        the off-season.
                    (B) No advance notice.--Tests conducted under this 
                subsection shall be conducted throughout the entire 
                calendar year with no advance notice to the 
                professional athlete.
            (2) Administration and analysis.--
                    (A) Methods, policies, and procedures.--Subject to 
                the requirements of this section, an independent entity 
                shall--
                            (i) determine the methods, policies, and 
                        procedures of test distribution planning, 
                        athlete selection for testing, collection, and 
                        transportation of bodily specimens of 
                        professional athletes necessary to conduct 
                        tests for prohibited substances and prohibited 
                        methods; and
                            (ii) conduct such test distribution 
                        planning, athlete selection for testing, 
                        collection, and transportation.
                    (B) Funding.--Each professional sports league 
                shall, by contract, provide reasonable funding to the 
                independent entity to conduct and make all decisions 
                regarding testing and adjudication as required in this 
                Act.
                    (C) Analysis.--Analysis of bodily specimens shall 
                be conducted in a laboratory that is--
                            (i) approved by the United States Anti-
                        Doping Agency; and
                            (ii) located within the United States.
                    (D) Results.--In accordance with policies and 
                procedures determined by the independent entity 
                pursuant to subparagraph (A), the laboratory shall 
                promptly notify the relevant professional sports league 
                of any offense discovered as a result of a test 
                conducted under this subsection.
            (3) Substances.--
                    (A) In general.--Each professional athlete shall be 
                tested for all prohibited substances and prohibited 
                methods for which testing is reasonable and practicable 
                at the time of the administration of each test.
                    (B) Limited exemption for medical or therapeutic 
                use.--A professional sports league may provide an 
                individual professional athlete with an exemption for a 
                particular prohibited substance or prohibited method if 
                such substance or method--
                            (i) has a legitimate and documented medical 
                        or therapeutic use;
                            (ii) is for a documented medical condition 
                        of such athlete; and
                            (iii) is properly prescribed by a doctor of 
                        medicine licensed in the United States or 
                        Canada.
    (d) Penalties.--
            (1) Offense.--Subject to paragraph (2), a person who 
        commits an offense under this section--
                    (A) shall be suspended from participation in any 
                professional sports league without pay for not less 
                than 2 years immediately after the disclosures set 
                forth in paragraph (3); and
                    (B) if having previously committed an offense under 
                this section, shall be immediately permanently 
                suspended without pay from participation in any 
                professional sports league.
            (2) Adjudication.--
                    (A) Due process.--A person who is alleged to have 
                committed an offense shall be--
                            (i) provided with prompt notice and a 
                        prompt and fair hearing and right to appeal; 
                        and
                            (ii) permitted to have legal counsel or 
                        other representative for the proceedings.
                    (B) Administration.--Subject to the requirements 
                under this section, an independent entity shall 
                determine the policies and procedures of adjudication.
                    (C) Notice.--Not later than 5 business days after 
                the date on which a professional sports league receives 
                notice of an offense under this section, a professional 
                sports league shall provide notice to the person who is 
                alleged to have committed the offense.
                    (D) Completion.--Not later than 45 days after the 
                date on which a professional sports league receives 
                notice of an offense under this section, the league 
                shall complete adjudication proceedings provided for 
                under this paragraph.
            (3) Disclosure.--Not later than 5 days after the conclusion 
        of adjudication proceedings under paragraph (2), a professional 
        sports league shall publicly disclose--
                    (A) the name of the offender;
                    (B) the penalty imposed;
                    (C) the prohibited substance or prohibited method 
                involved; and
                    (D) the reason for the penalty.
    (e) Records.--
            (1) In general.--Each professional sports league shall--
                    (A) maintain all documentation and records 
                pertaining to the policies and procedures required 
                under this section; and
                    (B) make such documentation and records available 
                to the Commission upon request.
            (2) Privacy.--Health information about individual 
        professional athletes provided to the Commission under this 
        subsection shall not be subject to public disclosure under 
        section 552 of title 5, United States Code (commonly referred 
        to as the Freedom of Information Act).

SEC. 7. ENFORCEMENT.

    (a) Unfair or Deceptive Acts or Practices.--Except as provided in 
subsection (b), a violation of section 5 shall be enforced by the 
Commission as if the violation were a violation of the Federal Trade 
Commission Act (15 U.S.C. 41 et seq.) regarding unfair or deceptive 
acts or practices.
    (b) Enhanced Civil Penalties.--In addition to the penalties 
provided under subsection (a), the Commission may seek a civil penalty 
not to exceed $1,000,000 for each day a professional sports league is 
in violation of this Act.
    (c) Delegation.--The Commission may delegate the administration of 
this Act or any part of this Act to any appropriate agency of the 
United States Government not less than 30 days after providing 
notification of such delegation to Congress.
    (d) Savings Provision.--Nothing in this Act shall be construed to 
limit the authority of the Commission under any other provision of law.

SEC. 8. PROMULGATION OF STANDARDS BY UNITED STATES BOXING COMMISSION.

    Not later than 12 months after the date of enactment of this Act or 
the date that is 12 months after the establishment of the United States 
Boxing Commission pursuant to Federal law, whichever is later, the 
United States Boxing Commission shall, in consultation with the 
Association of Boxing Commissions and the United States Anti-Doping 
Agency, promulgate uniform performance-enhancing substance testing 
standards for professional boxing that are consistent with section 6.

SEC. 9. RULES OF CONSTRUCTION.

    (a) Non-Governmental Entities.--Nothing in this Act shall be 
construed to deem the United States Anti-Doping Agency, any independent 
entity, or any professional sports league an agent of or an actor on 
behalf of the United States Government.
    (b) More Stringent Policies.--Nothing in this Act shall be 
construed to prohibit a professional sports league from adopting and 
enforcing policies and procedures more stringent than the requirements 
of this Act.
    (c) Precedent.--Nothing in this Act shall be construed to have any 
effect on the collective bargaining obligations of any employer that is 
not subject to this Act or on any subject matter that is outside of the 
scope of this Act.

SEC. 10. EFFECTIVE DATE.

    This Act shall take effect on the date that is 1 year after the 
date of enactment of this Act.
                                                       Calendar No. 280

109th CONGRESS

  1st Session

                                S. 1960

_______________________________________________________________________

                                 A BILL

   To protect the health and safety of all athletes, to promote the 
integrity of professional sports by establishing minimum standards for 
the testing of steroids and other performance-enhancing substances and 
    methods by professional sports leagues, and for other purposes.

_______________________________________________________________________

                            November 4, 2005

            Read the second time and placed on the calendar`