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 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

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

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

END