109th CONGRESS
1st Session
S. 1114
To establish minimum drug testing standards for major professional
sports leagues.
IN THE SENATE OF THE UNITED STATES
May 24, 2005
Mr. MCCAIN (for himself and Mr. STEVENS) introduced the following bill; which
was read twice and referred to the Committee on Commerce, Science, and Transportation
A BILL
To establish minimum drug testing standards for major professional
sports leagues.
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 `Clean Sports Act of 2005'.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings- Congress finds the following:
(1) The use of anabolic steroids and other performance-enhancing substances
by minors 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 them, in particular children and teenagers.
(3) The adverse health effects caused by steroids and other performance-enhancing
substances include stunted growth, scarring acne, hair loss, dramatic mood
swings, hormonal and metabolic imbalances, liver damage, a higher risk of
heart disease and stroke later in life, as well as 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
drugs, as well as 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 college and professional athletes
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-enhancing 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 performance-enhancing substances would result in the reduced
use of these substances by children and teenagers.
(9) Minimum drug testing standards for professional sports established by
Federal law would ensure the adoption of strong policies to eliminate the
use of performance-enhancing substances in professional sports.
(10) Minimum drug testing standards for professional 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 performance-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 Act 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 performance-enhancing substances
by professional sports leagues.
SEC. 3. DEFINITIONS.
(1) ANTI-DOPING CODE- The term `anti-doping code' means the doping control
standards established 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 Association, 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 outside of the season of play for each major professional league.
(6) PROFESSIONAL ATHLETE- The term `professional athlete' means an individual
who competes in a major professional league.
(7) PROFESSIONAL GAME- The term `professional 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 substance prohibited in-competition by the
Anti-Doping Code shall be a prohibited substance only during the season
of play. Only a substance or method prohibited out-of-competition by the
Anti-Doping Code shall be a prohibited substance or method during the
off-season.
(A) IN GENERAL- The term `season of play' for each major professional
league means the period of time in each calendar year beginning with the
date on which professional athletes of that major professional league
are collectively 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. 4. MINIMUM UNIFORM TESTING STANDARDS.
(a) Conduct Prohibited- It shall be unlawful for a major professional league
to arrange, promote, organize, 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 substances
by professional athletes who compete in each respective major professional
league which shall be independently 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 athlete 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 tested--
(i) at least 3 times, each with no advance notice, during each season
of play; and
(ii) at least 2 times, each with no advance notice, during the off-season.
(2) TEST DISTRIBUTION PLANNING- Each major professional league shall certify
to the Director 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 professional league shall certify to the
Director 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 drug testing
protocols for both season of play and off-season testing.
(4) APPLICABLE SUBSTANCES- Each professional athlete shall be tested for
all prohibited substances at the time of each test. A major professional
league may make exceptions for any prohibited 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 provided shall be analyzed by a laboratory
approved by the United States Anti-Doping Agency.
(A) IN GENERAL- A positive test shall consist of the presence in the sample
of any prohibited substance or its metabolites or markers, or evidence
of the use of a prohibited method, unless that substance was prescribed
to the athlete in accordance with paragraph (4).
(B) REFUSAL- A refusal by a professional athlete to submit to a test or
a failure of a professional athlete to submit to a test without compelling
justification shall also be considered a positive test.
(i) FIRST VIOLATION- Except as provided in subparagraph (B), a professional
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.
(ii) SECOND VIOLATION- A second violation shall result in a lifetime
ban of the professional athlete from all major professional leagues.
(i) KNOWLEDGE OF THE ATHLETE- A major professional league may impose
a lesser penalty than provided in subparagraph (A) or no penalty if
the professional athlete establishes that he did not know or suspect,
and could not reasonably have known or suspected even with the exercise
of utmost caution, that he had used the prohibited substance.
(ii) ASSISTANCE IN IDENTIFYING VIOLATIONS- A major professional league
may impose a lesser penalty than provided in subparagraph (A) if the
professional athlete provides substantial assistance to the major professional
league in identifying violations of the league's drug testing policy
by other professional athletes or assistance in violations of the league's
drug testing policy by any coach, trainer, manager, agent, team staff,
official, medical, or other personnel working with or treating professional
athletes participating in or preparing for sports competition.
(A) CONSULTATION- Each major professional league shall certify to the
Director 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 adjudication
process.
(B) DUE PROCESS- If a professional athlete tests positive, the professional
athlete shall have the right to notice, a fair, timely, and expedited
hearing, representation by counsel and appeal.
(C) SUSPENSION- During the pendency of any proceedings the professional
athlete shall be suspended from participating in any professional game.
(A) TESTING- A major professional league shall publicly disclose the identity
of any professional player who has tested positive as well as the prohibited
substance or prohibited method for which he tested positive not later
than 30 days after receiving the test results.
(B) PENALTY- A major professional league shall publicly disclose the name
of any penalized athlete, the penalty imposed, the substance for which
the player tested positive, and the reason for the penalty not later than
15 days after the final disposition of the player's case.
SEC. 5. PROMULGATION OF STANDARDS BY THE DIRECTOR OF THE OFFICE OF NATIONAL
DRUG CONTROL POLICY.
(a) In General- The Director shall have the authority to promulgate standards
that would modify the provisions of section 4 as they apply to an individual
major professional league for exceptional circumstances or for other good
cause.
(b) Effectiveness Maintained- A modification under subsection (a) shall not--
(1) reduce the effectiveness of the standards in eliminating the use of
steroids or other performance-enhancing substances in any major professional
league; or
(2) diminish the leadership role of the United States in eliminating the
use of steroids or other performance-enhancing substances in sports.
(c) Inclusion of Additional Leagues- The Director may include an additional
professional sporting league or the colleges and athletes participating in
Division I or Division II of the NCAA as a major professional league if the
Director determines that such additions would prevent the use of performance-enhancing
substances by high school, college, or professional athletes.
(d) Delegation- The Director may delegate the administration of this Act to
any other appropriate agency of the Federal Government.
SEC. 6. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.
(a) Unfair or Deceptive Acts or Practices- A violation of section 4 shall
be treated as a violation of section 18 of the Federal Trade Commission Act
(15 U.S.C. 57a) regarding unfair or deceptive acts or practices.
(b) Powers of Commission-
(1) IN GENERAL- The Commission shall issue and enforce the regulations for
the enforcement of section 4 in the same manner, by the same means, and
with the same jurisdiction, powers, and duties as though all applicable
terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et
seq.) were incorporated into and made a part of this Act. Any person who
violates such regulations shall be subject to the penalties and entitled
to the privileges and immunities provided in that Act.
(2) ENHANCED PENALTY FOR VIOLATIONS- Notwithstanding subsection (a) and
the Federal Trade Commission Act, in the case of a person who violates section
4, the Commission may, in its discretion, seek a civil penalty for such
violation in an amount, as determined by the Commission, of not more than
$1,000,000 for each violation of section 4.
(3) GENERAL AUTHORITY- Nothing in this Act shall be construed to limit the
authority of the Commission under any other provision of law.
SEC. 7. REPORTS TO CONGRESS.
(1) IN GENERAL- Not later than 6 months after completion of a professional
sports league's first season of play after the effective date of this Act,
each major professional league shall transmit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Energy and
Commerce and the Committee on Government Reform of the House of Representatives,
a report on its testing policies and procedures.
(2) CONTENTS- The report required by this subsection shall contain--
(A) a comparison of the major professional league's testing policy (including
its adjudication procedures) to that of the United States Anti-Doping
Agency, emphasizing the differences between the policies and the rationales
for the differences; and
(B) aggregate data on the number of professional players tested by the
major professional league and the prohibited substances detected in samples
or prohibited methods, including the number of tests conducted during
the season of play and during the off-season.
(b) Biennial League Reports- Each major professional league shall transmit
to the Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Energy and Commerce and the Committee on Government Reform
of the House of Representatives, on a biennial basis, a report containing
the data and analysis required in subsection (a) for each of the 2 prior years.
(c) ONDCP Report- Not later than 1 year after the date of enactment of this
Act, and subsequently thereafter as determined appropriate by the Director,
the Director shall report to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Energy and Commerce and the Committee on
Government Reform of the House of Representatives, recommendations for improving
any Federal law governing controlled substances as may be necessary for reducing
the use of steroids and other performance-enhancing substances.
SEC. 8. PROMULGATION OF STANDARDS BY UNITED STATES BOXING COMMISSION.
Upon the latter of 12 months after enactment of this Act or 12 months after
the establishment of the United States Boxing Commission pursuant to Federal
law, that 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 4.
SEC. 9. STUDY ON COLLEGE TESTING POLICIES AND PROCEDURES.
(a) Study- The Government Accountability Office shall conduct a study on the
use of performance-enhancing substances by college athletes which shall examine
the prohibited substance policies and testing procedures of intercollegiate
athletic associations and college and university athletic departments.
(1) SUBMISSION TO CONGRESS- Not later than 1 year after the date of enactment
of this Act, the Government Accountability Office shall transmit a report
to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Energy and Commerce and the Committee on Government
Reform of the House of Representatives.
(2) CONTENTS- The report required by this subsection shall--
(A) assess the adequacy of the testing policies and procedures described
in subsection (a) in detecting and preventing the use of performance-enhancing
substances; and
(B) include recommendations to Congress regarding expanding the application
of the regulations issued pursuant to this Act to such intercollegiate
and interscholastic athletic associations.
SEC. 10. COMMISSION ON HIGH SCHOOL AND COLLEGIATE ATHLETICS.
(a) Commission- The Director shall establish a commission on high school and
collegiate athletics.
(b) Report- Not later than 1 year after the date of enactment of this Act,
the commission shall report to Congress--
(1) findings on the use of steroids and other performance-enhancing substances
in high school and collegiate sports; and
(2) recommendations for reducing their use.
SEC. 11. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) professional sports leagues not regulated by this Act should adhere
to the drug testing standards established in this Act;
(2) all professional sports should implement policies and procedures for
the testing of the use of prohibited substances or the detection of prohibited
methods by professional athletes that ensure that American professional
sports leagues are world leaders in the effort to keep steroids and other
performance-enhancing drugs out of sports;
(3) all professional sports should implement policies and procedures that
address the development of designer steroids and emerging methods for doping,
including gene doping, that enhance sports performance, are potential or
actual health risks, and are contrary to the spirit of the sport; and
(4) each major professional league should produce and publicize public service
announcements regarding the health and safety consequences of steroids and
other similar performance-enhancing substances on children and teenagers.
SEC. 12. EFFECTIVE DATE.
This Act shall take effect 1 year after the date of enactment of this Act.
END
