[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.
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