[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1114 Introduced in Senate (IS)]







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.

    In this Act:
            (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.
            (9) Season of play.--
                    (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.
            (6) Positive tests.--
                    (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.
            (7) Penalties.--
                    (A) General rule.--
                            (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.
                    (B) Exceptions.--
                            (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.
            (8) Adjudication.--
                    (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.
            (9) Public disclosure.--
                    (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.

    (a) First League Report.--
            (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.
    (b) Report.--
            (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.
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