Integrity in Professional Sports Act - Expresses the sense of Congress that the individual records of athletes achieved as a result of performance-enhancing substances or methods should be invalidated.
Prohibits a professional sports league from organizing, sponsoring, endorsing, promoting, producing, or recognizing a professional sports event without adopting and enforcing a testing policy for performance-enhancing drugs that meets or exceeds the standards specified in this Act.
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 five times a year; and (3) proscribe any employee or contractor of the league, the team or club, or the professional athletes' union from complicity in an offense by an athlete.
Provides that the testing policy shall be violated if: (1) a test reveals the presence of a prohibited substance or its metabolites or markers; (2) evidence of the use of a prohibited substance or method is discovered; (3) an athlete refuses to submit to a test; (4) an athlete tampers with the testing process; (5) a league or union representative administers a prohibited substance or method to any athlete a or assists, encourages, aids, abets, or covers up any other type of complicity involving an offense by a professional athlete.
Allows a league to provide an individual athlete an exemption for a particular prohibited substance or method for a documented medical condition.
Sets penalties as a minimum of two years' suspension for the first violation, permanent suspension for any subsequent violation, and public disclosure of the name of the violator and substance involved.
Allows the Federal Trade Commission (FTC) to seek civil penalties for violations of this Act.
Requires the United States Boxing Commission (after it is established) to promulgate uniform performance-enhancing substance testing standards for professional boxing consistent with this Act.
[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
Introduced in Senate
Sponsor introductory remarks on measure. (CR S12345)
Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 280.
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