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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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Integrity in Profes3 sional Sports Act’’. 

4 SEC. 2. FINDINGS AND PURPOSE. 

5 (a) FINDINGS.—Congress finds the following: 

6 (1) The use of anabolic steroids and other per7 formance-enhancing substances by children and 

8 teenagers is a public health problem of national sig9 nificance. 

10 (2) Experts estimate that over 500,000 teen11 agers have used performance-enhancing substances, 

12 which medical experts warn can cause a litany of 

13 health problems for individuals who take those sub14 stances, particularly children and teenagers. 

15 (3) The adverse health effects caused by 

16 steroids and other performance-enhancing sub17 stances include— 

18 (A) stunted growth; 

19 (B) scarring acne; 

20 (C) hair loss; 

21 (D) dramatic mood swings; 

22 (E) hormonal and metabolic imbalances; 

23 (F) liver damage; 

24 (G) a higher risk of heart disease and 

25 stroke later in life; and 
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1 (H) an increased propensity to dem2 onstrate aggressive behavior, commit suicide, 

3 and commit crimes. 

4 (4) Professional athletes are role models for 

5 young athletes and influence the behavior of children 

6 and teenagers. 

7 (5) Congressional testimony by parents of mi8 nors who used performance-enhancing substances, 

9 and by medical and health experts, indicates that 

10 the actual or alleged use of performance-enhancing 

11 substances by professional athletes results in the in12 creased use of these substances by children and 

13 teenagers. 

14 (6) Surveys and studies suggest a connection 

15 between the actual or alleged use of performance-en16 hancing substances by professional athletes and the 

17 increased use of these substances by children and 

18 teenagers. 

19 (7) The real or perceived tolerance of perform20 ance-enhancing substances by professional athletes 

21 has increased the pressure on children and teenagers 

22 to use performance-enhancing substances in order to 

23 advance their athletic careers and damaged the in24 tegrity of professional sports leagues. 
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1 (8) The adoption by professional sports leagues 

2 of strong policies to eliminate the use of perform3 ance-enhancing substances would contribute to the 

4 reduction in the use of these substances by children 

5 and teenagers. 

6 (9) The establishment, by Federal law, of min7 imum drug testing standards for professional sports 

8 would— 

9 (A) ensure the adoption of strong policies 

10 to help eliminate the use and the perceived use 

11 of performance-enhancing substances in profes12 sional sports; and 

13 (B) help return integrity to professional 

14 sports. 

15 (10) For several years, Congress has— 

16 (A) expressed a strong interest in the 

17 problem of the role of performance-enhancing 

18 substances in professional sports and other lev19 els of sports; 

20 (B) regulated the use of anabolic steroids 

21 and other performance-enhancing substances; 

22 and 

23 (C) regulated both professional and ama24 teur sports. 
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1 (11) Recent Federal laws regulating the use of 

2 anabolic steroids and other performance-enhancing 

3 substances were enacted to reduce the prevalence of 

4 these substances in sports. 

5 (b) PURPOSE.—The purpose of this Act is to protect 

6 the health and safety of all athletes and promote the integ7 rity of professional sports by establishing minimum stand8 ards for the testing of steroids and other performance-en9 hancing substances and methods by professional sports 

10 leagues. 

11 SEC. 3. SENSE OF CONGRESS. 

12 It is the sense of Congress that— 

13 (1) the individual records of professional ath14 letes achieved as a result of the use of performance15 enhancing substances or methods should be invali16 dated; 

17 (2) all professional sports should implement 

18 policies and procedures for testing for the use of 

19 prohibited substances and detecting prohibited meth20 ods by professional athletes that ensure that Amer21 ican professional sports are world leaders in the ef22 fort to keep steroids and other performance-enhanc23 ing drugs out of sports; and 

24 (3) each professional sports league should 

25 produce and publicize public service announcements 
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1 and invest in grassroots efforts regarding the health 

2 and safety consequences of steroids and other simi3 lar performance-enhancing substances on children 

4 and teenagers, and particularly on high school ath5 letes. 

6 SEC. 4. DEFINITIONS. 

7 In this Act: 

8 (1) ADJUDICATION.—The term ‘‘adjudication’’ 

9 means the process of prehearing administration, 

10 hearings, and appeals arising out of an offense (as 

11 defined in section 6(b)). 

12 (2) COMMISSION.—The term ‘‘Commission’’ 

13 means the Federal Trade Commission. 

14 (3) INDEPENDENT ENTITY.—The term ‘‘inde15 pendent entity’’ means— 

16 (A) a not-for-profit organization— 

17 (i) that conducts sport drug testing 

18 and adjudication; 

19 (ii) that does not have a single profes20 sional sports league as its primary source 

21 of revenue; and 

22 (iii) whose board of directors and em23 ployees are not selected by a professional 

24 sports league or any person affiliated with 

25 the professional sports league; or 
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1 (B) the United States Anti-Doping Agen2 cy. 

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

4 each professional athlete means the period of time 

5 outside the professional sports season for that ath6 lete. 

7 (5) PROFESSIONAL ATHLETE.—The term ‘‘pro8 fessional athlete’’ means an individual who competes 

9 in a professional sports league. 

10 (6) PROFESSIONAL SPORTS EVENT.—The term 

11 ‘‘professional sports event’’ means any game or com12 petition conducted in the United States between any 

13 teams, clubs, or organizations of a professional 

14 sports league. 

15 (7) PROFESSIONAL SPORTS LEAGUE.—The 

16 term ‘‘professional sports league’’ means Major 

17 League Baseball, Minor League Baseball, the Na18 tional Football League, the National Basketball As19 sociation, the National Hockey League, or any suc20 cessor organization to those organizations. 

21 (8) PROFESSIONAL SPORTS SEASON.—The term 

22 ‘‘professional sports season’’ means, for each profes23 sional athlete, the period of time— 

24 (A) beginning on the date on which the 

25 professional athlete is eligible, invited, allowed, 
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1 or required to report for practice or preparation 

2 to compete in a professional sports league; and 

3 (B) ending on the later of— 

4 (i) the date of the league’s last regu5 larly scheduled game or competition; or 

6 (ii) the date of the last game or com7 petition of the post-season in which the 

8 professional athlete is eligible, invited, al9 lowed, or required to participate. 

10 (9) PROHIBITED METHOD.—The term ‘‘prohib11 ited method’’ means a method listed and described 

12 in the Protocol (excluding methods prohibited in a 

13 particular sport). 

14 (10) PROHIBITED SUBSTANCE.—The term 

15 ‘‘prohibited substance’’ means a substance in such 

16 amount as listed and described in the Protocol (ex17 cluding substances prohibited in a particular sport). 

18 (11) PROTOCOL.—The term ‘‘Protocol’’ means 

19 the United States Anti-Doping Agency Protocol for 

20 Olympic Movement Testing. 

21 SEC. 5. CONDUCT PROHIBITED. 

22 It is unlawful for a professional sports league to orga23 nize, sponsor, endorse, promote, produce, or recognize a 

24 professional sports event without adopting and enforcing 
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1 a testing policy that meets or exceeds the requirements 

2 under section 6. 

3 SEC. 6. MINIMUM STANDARDS. 

4 (a) TESTING AND ADJUDICATION POLICY RE5 QUIRED.—Each professional sports league shall adopt and 

6 enforce policies and procedures to— 

7 (1) proscribe the use of prohibited substances 

8 and prohibited methods by each professional athlete 

9 competing in a professional sports event of the 

10 league; 

11 (2) test for the use of prohibited substances 

12 and prohibited methods by each professional athlete 

13 competing in a professional sports event of the 

14 league; and 

15 (3) proscribe any employee or contractor of the 

16 league, of a team or club of that league, or of the 

17 union representing the professional athletes of that 

18 league from complicity in an offense by a profes19 sional athlete competing in a professional sports 

20 event of the league. 

21 (b) OFFENSES.— 

22 (1) PROFESSIONAL ATHLETE.—A professional 

23 athlete commits an offense of the testing policy 

24 under this section if— 
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1 (A) a test reveals the presence of a prohib2 ited substance or its metabolites or markers in 

3 the bodily specimen of a professional athlete 

4 that demonstrates the use of a prohibited sub5 stance or a prohibited method; 

6 (B) evidence of the use of a prohibited 

7 substance or prohibited method is discovered; 

8 (C) the professional athlete refuses or fails 

9 to submit to a test without compelling justifica10 tion, provided that mere absence of an athlete 

11 from the United States shall not constitute 

12 compelling justification; or 

13 (D) the professional athlete tampers with 

14 the testing process. 

15 (2) OTHER PERSONS OR ENTITIES.—An em16 ployee or contractor of a professional sports league, 

17 of a team or club of that league, or of the union rep18 resenting the professional athletes of that league 

19 commits an offense of the testing policy under this 

20 section if such person or entity— 

21 (A) administers a prohibited substance or 

22 prohibited method to any professional athlete; 

23 or 
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1 (B) assists, encourages, aids, abets, covers 

2 up, or commits any other type of complicity in3 volving an offense by a professional athlete. 

4 (c) TEST PROCEDURES.— 

5 (1) TESTING FREQUENCY AND NOTICE.— 

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

8 substances and prohibited methods not fewer 

9 than 5 times in each calendar year that the ath10 lete competes in a professional sports league, of 

11 which— 

12 (i) at least 3 tests shall occur during 

13 each professional sports season; and 

14 (ii) at least 2 tests shall occur during 

15 the off-season. 

16 (B) NO ADVANCE NOTICE.—Tests con17 ducted under this subsection shall be conducted 

18 throughout the entire calendar year with no ad19 vance notice to the professional athlete. 

20 (2) ADMINISTRATION AND ANALYSIS.— 

21 (A) METHODS, POLICIES, AND PROCE22 DURES.—Subject to the requirements of this 

23 section, an independent entity shall— 

24 (i) determine the methods, policies, 

25 and procedures of test distribution plan-
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1 ning, athlete selection for testing, collec2 tion, and transportation of bodily speci3 mens of professional athletes necessary to 

4 conduct tests for prohibited substances and 

5 prohibited methods; and 

6 (ii) conduct such test distribution 

7 planning, athlete selection for testing, col8 lection, and transportation. 

9 (B) FUNDING.—Each professional sports 

10 league shall, by contract, provide reasonable 

11 funding to the independent entity to conduct 

12 and make all decisions regarding testing and 

13 adjudication as required in this Act. 

14 (C) ANALYSIS.—Analysis of bodily speci15 mens shall be conducted in a laboratory that 

16 is— 

17 (i) approved by the United States 

18 Anti-Doping Agency; and 

19 (ii) located within the United States. 

20 (D) RESULTS.—In accordance with policies 

21 and procedures determined by the independent 

22 entity pursuant to subparagraph (A), the lab23 oratory shall promptly notify the relevant pro24 fessional sports league of any offense discovered 
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1 as a result of a test conducted under this sub2 section. 

3 (3) SUBSTANCES.— 

4 (A) IN GENERAL.—Each professional ath5 lete shall be tested for all prohibited substances 

6 and prohibited methods for which testing is rea7 sonable and practicable at the time of the ad8 ministration of each test. 

9 (B) LIMITED EXEMPTION FOR MEDICAL OR

10 THERAPEUTIC USE.—A professional sports 

11 league may provide an individual professional 

12 athlete with an exemption for a particular pro13 hibited substance or prohibited method if such 

14 substance or method— 

15 (i) has a legitimate and documented 

16 medical or therapeutic use; 

17 (ii) is for a documented medical condi18 tion of such athlete; and 

19 (iii) is properly prescribed by a doctor 

20 of medicine licensed in the United States 

21 or Canada. 

22 (d) PENALTIES.— 

23 (1) OFFENSE.—Subject to paragraph (2), a 

24 person who commits an offense under this section— 
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1 (A) shall be suspended from participation 

2 in any professional sports league without pay 

3 for not less than 2 years immediately after the 

4 disclosures set forth in paragraph (3); and 

5 (B) if having previously committed an of6 fense under this section, shall be immediately 

7 permanently suspended without pay from par8 ticipation in any professional sports league. 

9 (2) ADJUDICATION.— 

10 (A) DUE PROCESS.—A person who is al11 leged to have committed an offense shall be— 

12 (i) provided with prompt notice and a 

13 prompt and fair hearing and right to ap14 peal; and 

15 (ii) permitted to have legal counsel or 

16 other representative for the proceedings. 

17 (B) ADMINISTRATION.—Subject to the re18 quirements under this section, an independent 

19 entity shall determine the policies and proce20 dures of adjudication. 

21 (C) NOTICE.—Not later than 5 business 

22 days after the date on which a professional 

23 sports league receives notice of an offense under 

24 this section, a professional sports league shall 
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1 provide notice to the person who is alleged to 

2 have committed the offense. 

3 (D) COMPLETION.—Not later than 45 

4 days after the date on which a professional 

5 sports league receives notice of an offense under 

6 this section, the league shall complete adjudica7 tion proceedings provided for under this para8 graph. 

9 (3) DISCLOSURE.—Not later than 5 days after 

10 the conclusion of adjudication proceedings under 

11 paragraph (2), a professional sports league shall 

12 publicly disclose— 

13 (A) the name of the offender; 

14 (B) the penalty imposed; 

15 (C) the prohibited substance or prohibited 

16 method involved; and 

17 (D) the reason for the penalty. 

18 (e) RECORDS.— 

19 (1) IN GENERAL.—Each professional sports 

20 league shall— 

21 (A) maintain all documentation and 

22 records pertaining to the policies and proce23 dures required under this section; and 

24 (B) make such documentation and records 

25 available to the Commission upon request. 
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1 (2) PRIVACY.—Health information about indi2 vidual professional athletes provided to the Commis3 sion under this subsection shall not be subject to 

4 public disclosure under section 552 of title 5, United 

5 States Code (commonly referred to as the Freedom 

6 of Information Act). 

7 SEC. 7. ENFORCEMENT. 

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

9 Except as provided in subsection (b), a violation of section 

10 5 shall be enforced by the Commission as if the violation 

11 were a violation of the Federal Trade Commission Act (15 

12 U.S.C. 41 et seq.) regarding unfair or deceptive acts or 

13 practices. 

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

15 the penalties provided under subsection (a), the Commis16 sion may seek a civil penalty not to exceed $1,000,000 

17 for each day a professional sports league is in violation 

18 of this Act. 

19 (c) DELEGATION.—The Commission may delegate 

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

21 any appropriate agency of the United States Government 

22 not less than 30 days after providing notification of such 

23 delegation to Congress. 
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1 (d) SAVINGS PROVISION.—Nothing in this Act shall 

2 be construed to limit the authority of the Commission 

3 under any other provision of law. 

4 SEC. 8. PROMULGATION OF STANDARDS BY UNITED 

5 STATES BOXING COMMISSION. 

6 Not later than 12 months after the date of enactment 

7 of this Act or the date that is 12 months after the estab8 lishment of the United States Boxing Commission pursu9 ant to Federal law, whichever is later, the United States 

10 Boxing Commission shall, in consultation with the Asso11 ciation of Boxing Commissions and the United States 

12 Anti-Doping Agency, promulgate uniform performance-en13 hancing substance testing standards for professional box14 ing that are consistent with section 6. 

15 SEC. 9. RULES OF CONSTRUCTION. 

16 (a) NON-GOVERNMENTAL ENTITIES.—Nothing in 

17 this Act shall be construed to deem the United States 

18 Anti-Doping Agency, any independent entity, or any pro19 fessional sports league an agent of or an actor on behalf 

20 of the United States Government. 

21 (b) MORE STRINGENT POLICIES.—Nothing in this 

22 Act shall be construed to prohibit a professional sports 

23 league from adopting and enforcing policies and proce24 dures more stringent than the requirements of this Act. 
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1 (c) PRECEDENT.—Nothing in this Act shall be con2 strued to have any effect on the collective bargaining obli3 gations of any employer that is not subject to this Act 

4 or on any subject matter that is outside of the scope of 

5 this Act. 

6 SEC. 10. EFFECTIVE DATE. 

7 This Act shall take effect on the date that is 1 year 

8 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 

leagues, and for other purposes. stances and methods by professional sports of steroids and other performance-enhancing subestablishing minimum standards for the testing promote the integrity of professional sports by 

NOVEMBER 4, 2005 

Read the second time and placed on the calendar