II 111th CONGRESS 2d Session S. 3851 IN THE SENATE OF THE UNITED STATES September 28, 2010 Mr. Dorgan introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To clarify the relationship of the policies of sports leagues or associations and provisions of State or local law regarding the use of performance-enhancing drugs in interstate competition.

1.

Short title

This Act may be cited as the Clean Sports Protection Act.

2.

Relationship of professional league policies to State or local law

(a)

Preemption

(1)

In general

If a covered sports league or association has in effect policies designed to detect and prevent the use of steroids or other performance-enhancing drugs by participants in such covered sports league or association, such policies shall preempt any provision of a civil law of a State or political subdivision of a State that is less stringent than such policies. (2)

Rule of construction

For purposes of this subsection, a provision of civil law of a State or political subdivision of a State is not less stringent than a policy of a covered sports league or association relating to the use of steroids or other performance-enhancing drugs if the requirements or prohibitions in such provision are more likely to detect and prevent the use of steroids or other performance enhancing drugs by participants in events of such covered sports league or association than the requirements or prohibitions in such policy. (b)

Definition

As used in this section, the term covered sports league or association 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.