Professional Sports Integrity and Accountability Act - Prohibits a professional sports league from any involvement in a professional sports event without adopting and enforcing a testing policy for performance-enhancing drugs.
Requires each such league to adopt policies and procedures that: (1) proscribe the use of prohibited substances and methods; (2) provide for random testing of each professional athlete at least three times a year; and (3) proscribe any person associated with the league from complicity in a violation by an athlete.
Prohibits all substances and methods prohibited by the United States Anti-Doping Agency Protocol for Olympic Movement Testing and any other appropriate substance or method as determined by the Federal Trade Commission (FTC).
Includes as a violations of the testing policy: (1) the presence of a prohibited substance or its metabolites or markers; (2) refusing to submit to a test; (3) administering or attempting to administer a prohibited substance or method to any athlete; and (4) assisting, encouraging, aiding, abetting, covering up, or any other type of complicity involving a violation by a professional athlete.
Allows a league to provide an individual athlete with an exemption for a particular prohibited substance or method for a documented medical condition.
Sets the penalties for the first violation at a minimum of two years suspension, permanent suspension for any subsequent violation, and public disclosure of the name of the violator and substance involved.
Allows the FTC to seek civil penalties for violations of this Act.
Expresses the sense of Congress that the individual records of athletes achieved while using performance-enhancing drugs should be invalidated.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1334 Introduced in Senate (IS)]
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.
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 ``Professional Sports Integrity and
Accountability Act''.
SEC. 2. EFFECTIVE DATE.
This Act shall take effect 1 year after the date of enactment of
this Act.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Off-season.--The term ``off-season'' for each
professional athlete means the period of time outside the
professional sports season.
(3) Professional athlete.--The term ``professional
athlete'' means an individual who competes in a professional
sports league.
(4) Professional sports event.--The term ``professional
sports event'' means any game, match, or competition conducted
in the United States between any teams, clubs, or organizations
of a professional sports league.
(5) Professional sports league.--The term ``professional
sports league'' means Major League Baseball, Minor League
Baseball, the National Football League, the Arena Football
League, the National Basketball Association, the Women's
National Basketball Association, the National Hockey League,
Major League Soccer, and any successor organization to those
organizations.
(6) Professional sports season.--The term ``professional
sports season'' for each professional athlete means the period
of time beginning on the date on which the athlete is eligible,
invited, allowed, or required to report for practice or
preparation to compete in a professional sports league and
ending on the later of the date of the league's last regularly
scheduled professional sports event or the date of the last
professional sports event of the post-season in which the
athlete is eligible, invited, allowed, or required to
participate.
(7) Protocol.--The term ``Protocol'' means the United
States Anti-Doping Agency Protocol for Olympic Movement Testing
and any successor to that protocol.
SEC. 4. 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 the
requirements of section 5.
SEC. 5. MINIMUM DRUG POLICY IN PROFESSIONAL SPORTS.
(a) Testing Policy Required.--Each professional sports league shall
adopt and enforce policies and procedures to--
(1) proscribe the use of prohibited substances and methods
by each professional athlete competing in the league;
(2) test for the use of prohibited substances and methods
by each professional athlete competing in the league; and
(3) proscribe any person associated with the league from
complicity in a violation by a professional athlete competing
in the league.
(b) Prohibited Substances and Methods.--At a minimum, the
prohibited substances and methods are as follows:
(1) Professional sports season.--During the professional
sports season, all substances and methods in such amounts as
prohibited in-competition by the Protocol, excluding substances
or methods prohibited in a particular sport as defined by the
Protocol.
(2) Off-season.--During the off-season, all substances and
methods in such amounts as prohibited out-of-competition by the
Protocol, excluding substances or methods prohibited in a
particular sport as defined by the Protocol.
(3) Additional substances and methods.--Any other
substances or methods or amounts of substances or methods
determined by the Commission to be performance-enhancing
substances or methods for which testing is reasonable and
practicable.
(c) Violations.--
(1) Professional athlete.--The following constitute
violations of the testing policy under this section for a
professional athlete:
(A) The presence of a prohibited substance or its
metabolites or markers in the bodily specimen of a
professional athlete, or evidence of the use of a
prohibited method.
(B) Refusing, or failing without compelling
justification, to submit to a test. The absence of an
athlete from the United States shall not alone be a
compelling justification under this subparagraph.
(2) Any person.--The following constitute violations of the
testing policy under this section for any person associated
with a professional sports league:
(A) The administration or attempted administration
of a prohibited substance or method to any professional
athlete.
(B) Assisting, encouraging, aiding, abetting,
covering up, or any other type of complicity involving
a violation by a professional athlete.
(d) Conduct of Tests.--
(1) Frequency, randomness, and advance notice.--
(A) In general.--Each professional athlete shall be
tested for the use of prohibited substances and methods
no less than 3 times in each calendar year that the
athlete competes in a professional sports league.
(B) Random.--Tests conducted under this subsection
shall be conducted at random intervals throughout the
entire calendar year with no advance notice to the
professional athlete.
(2) Administration and analysis.--
(A) In general.--Tests under this subsection shall
be conducted by an independent entity not subject to
the control of any professional sports league.
(B) Methods, policies, and procedures.--The
independent entity shall determine the methods,
policies, and procedures of collection, transportation,
and analysis of bodily specimens of professional
athletes necessary to conduct tests for prohibited
substances and methods and shall conduct such
collection, transportation, and analysis.
(C) Analysis.--Analysis of specimens shall be
conducted in a laboratory that meets the requirements
for approval by the United States Anti-Doping Agency
and is located within the United States.
(3) Substances.--
(A) In general.--Each professional athlete shall be
tested for all prohibited substances and methods 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 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.
(e) Penalties.--
(1) Violation.--Subject to paragraph (3), a violation shall
result in the following penalties:
(A) First violation.--A person who commits a
violation shall be immediately suspended from
participation in any professional sports league without
pay for a minimum of 2 years.
(B) Second violation.--A person who commits a
violation, having once previously committed a
violation, shall be immediately permanently suspended
without pay from participation in any professional
sports league.
(2) Disclosure.--
(A) After notice.--Not later than 10 days after
receiving notice of a violation under this section, a
professional sports league shall publicly disclose the
name of the violator, the penalty imposed, and a
description of the violation, including any prohibited
substance or method involved.
(B) Adjudication proceedings.--The league shall
publicly disclose the results of any adjudication
proceedings required by paragraph (3) within 10 days of
notice of the termination of the proceedings.
(3) Adjudication.--
(A) In general.--A professional sports league
shall--
(i) provide a violator with prompt notice
and a prompt hearing and right to appeal; and
(ii) permit that violator to have counsel
or other representative for the proceedings.
(B) Violator suspended.--A violator subject to this
paragraph shall be suspended without pay from
participation in any professional sports league during
the proceedings.
(f) Records.--
(1) In general.--Each professional sports league shall
maintain all documentation and records pertaining to the
policies and procedures required by this section and make such
documentation and records available to the Commission upon
request.
(2) Privacy.--With regards to any information provided to
the Commission under this subsection, nothing in this Act shall
be construed to require disclosure to the public of health
information of an individual athlete that would not be subject
to disclosure under other applicable Federal laws.
SEC. 6. ENFORCEMENT.
(a) Unfair or Deceptive Acts or Practices.--Except as provided in
subsection (b), this Act shall be enforced by the Commission as if a
violation of this Act or of any regulation promulgated by the
Commission under this Act were a violation of section 18 of the Federal
Trade Commission Act regarding unfair or deceptive acts or practices.
(b) Enhanced Civil Penalties.--In addition to the penalties
provided in 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) Promulgation of Regulations.--The Commission may promulgate
such regulations as necessary to enforce this Act as if the relevant
provisions of the Federal Trade Commission Act were incorporated in
this Act.
(d) 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.
SEC. 7. RULES OF CONSTRUCTION.
(a) United States Anti-Doping Agency.--Nothing in this Act shall be
construed to deem the United States Anti-Doping Agency an agent of or
an actor on behalf of the United States Government or impose any
requirements or place any limitations on the United States Anti-Doping
Agency.
(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.
SEC. 8. SENSE OF CONGRESS ON COORDINATION WITH THE UNITED STATES ANTI-
DOPING AGENCY.
It is the sense of Congress that--
(1) the United States Anti-Doping Agency is the Nation's
leading expert on testing for and research on performance-
enhancing substances and methods; and
(2) professional sports leagues should consult with and
follow the recommendations and standards of the Agency in
developing their testing policies and procedures.
SEC. 9. SENSE OF CONGRESS ON PROFESSIONAL SPORTS RECORDS.
It is the sense of Congress that the individual records of athletes
achieved while using performance-enhancing drugs should be invalidated.
SEC. 10. SENSE OF CONGRESS ON OTHER PROFESSIONAL SPORTS ORGANIZATIONS.
It is the sense of Congress that all professional sports
organizations not covered by this Act should adopt testing policies
that meet the requirements of the Act.
<all>
Introduced in Senate
Read twice and referred to the Committee on Finance.
Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR 7/1/2005 S7906-7907)
Sponsor introductory remarks on measure. (CR S7905-7906, S7907)
Committee on Commerce, Science, and Transportation. Hearings held. Hearings printed: S.Hrg. 109-525.
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