Professional Sport Integrity and Accountability Act
June 29, 2005
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
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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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. END