[Congressional Record Volume 151, Number 70 (Tuesday, May 24, 2005)]
[Senate]
[Page S5855]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN (for himself and Mr. Stevens):
  S. 1114. A bill to establish minimum drug testing standards for major 
professional sports leagues; to the Committee on Commerce, Science, and 
Transportation.
  Mr. McCAIN. Mr. President, I am joined today by Senator Stevens in 
introducing the Clean Sports Act of 2005. The chairman of the House 
Government Reform Committee, Congressman Davis, and the ranking member 
of that committee, Congressman Waxman, are introducing a companion bill 
today in the House.
  The purpose of this bill is to protect the integrity of professional 
sports and, more importantly, the health and safety of our Nation's 
youth, who, for better or for worse, see professional athletes as role 
models. The legislation would achieve that goal by establishing minimum 
standards for the testing of steroids and other performance-enhancing 
substances by major professional sports leagues. By adhering to--and 
hopefully exceeding--these minimum standards, the Nation's major 
professional sports leagues would send a strong signal to the public 
that performance-enhancing drugs have no legitimate role in American 
sports.
  This bill would prohibit our country's major professional sports 
leagues--the National Football League, Major League Baseball, the 
National Basketball Association, and the National Hockey League--from 
operating if they do not meet the minimum testing requirements set 
forth therein. Those standards would be comprised of five key 
components: the independence of the entity or entities that perform the 
leagues' drug tests; testing for a comprehensive list of doping 
substances and methods; a strong system of unannounced testing; 
significant penalties that discourage the use of performance-enhancing 
drugs; and a fair and effective adjudication process for athletes 
accused of doping. These elements are crucial components of any 
credible performance-enhancing drug testing policy.
  More specifically, the bill would require all major professional 
sports leagues to have an independent third party administer their 
performance-enhancing drug tests. The legislation would further require 
that samples provided by athletes be tested by laboratories approved by 
the United States Anti-Doping Agency--USADA--and for substances banned 
by USADA. In addition, the bill would require not fewer than three 
unannounced tests during a league's season of play, and at least two 
unannounced tests during the off season. Under this legislation, if a 
player were to test positive for a banned performance-enhancing 
substance, that player would be suspended for 2 years for the first 
violation and banned for life for a second violation. Finally, if any 
player were to test positive, the professional sports league would be 
obligated to ensure that the player would have substantial due process 
rights including the opportunity for a hearing and right to counsel.
  To ensure that the major professional sports leagues meet the highest 
standards of performance-enhancing drug testing, the bill would require 
each professional sports league to consult with USADA in developing its 
drug testing standards and procedures, its protocols for tests in the 
off season, and its athlete adjudication program. For 5 years, USADA 
has served as the official antidoping agency for Olympic sports in the 
United States. In that role, USADA has shown a tremendous dedication to 
eliminating doping in sports through research, education, testing, and 
adjudication efforts. The expertise that it has developed over the past 
half-decade would serve this country's professional sports leagues 
well.

  A violation of this legislation would be treated as a violation of 
the Federal Trade Commission Act. The Federal Trade Commission would 
have the ability to either obtain an injunction against the league that 
is in violation of the bill or seek penalties of up to $1 million per 
violation. Any enforcement mechanism that is not as strong as this 
would simply not be effective to ensure that these multi-billion-dollar 
businesses adhere to the minimum standards set forth in the 
legislation.
  Finally, the bill would give the Office of National Drug Control 
Policy--ONDCP--the ability to add other professional sports leagues as 
well as certain college sports if the ONDCP were to determine that such 
additions would prevent the use of performance-enhancing substances by 
high school, college, or professional athletes. The bill would also 
require the United States Boxing Commission, upon its establishment, to 
promulgate steroids testing standards consistent with those contained 
in the bill.
  The need for reforming the drug testing policies of professional 
sports is clear. However, I introduce this legislation reluctantly. 
Over a year ago, I stated publicly that the failure of professional 
sports--and in particular Major League Baseball--to commit to 
addressing the issue of doping straight on and immediately would 
motivate Congress to search for legislative remedies. Despite my clear 
warning and the significant attention that Congress has given to this 
stain on professional sports, baseball, and other professional leagues 
have refused to do the right thing.
  By introducing this bill, I am once again asking the leagues to shore 
up the integrity of professional sports. I am asking the leagues to 
realize that what is at stake here is not the sanctity of collective 
bargaining agreements, but rather the health and safety of America's 
children. Like it or not, our Nation's kids look to professional 
athletes as role models and take cues from their actions, both good and 
bad.
  I remain hopeful that professional sports will reform their drug 
testing policies on their own--a modest proposal in the eyes of 
reasonable people. However, the introduction of this bill demonstrates 
the continued seriousness with which Congress views this issue. It 
should be seen as a renewed incentive for the leagues to clean up their 
sports on their own without Government interference.
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