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
To establish minimum drug testing standards for major professional sports leagues.
This Act may be cited as the
Clean Sports Act of
Findings and purpose
Congress finds the following:
The use of anabolic steroids and other performance-enhancing substances by minors is a public health problem of national significance.
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.
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.
Professional athletes are role models for young athletes and influence the behavior of children and teenagers.
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.
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.
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.
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.
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.
Minimum drug testing standards for professional sports established by Federal law would help return integrity to professional sports.
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.
Congress has for several years regulated the use of anabolic steroids and other performance-enhancing substances.
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.
Congress has for several years regulated both professional and amateur sports.
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.
In this Act:
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).
Commission means the Federal Trade Commission.
The term Director means the Director of the Office of National Drug Control Policy.
Major professional league
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.
The term off-season means the period of time in each calendar year outside of the season of play for each major professional league.
The term professional athlete means an individual who competes in a major professional league.
The term professional game means any game held in the United States between any professional teams of a major professional league.
Prohibited method or substance
The term prohibited method means a method listed and described in the Anti-Doping Code.
The term prohibited substance means a substance listed and described in the Anti-Doping Code.
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.
Season of play
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.
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.
Minimum uniform testing standards
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).
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:
Timing and frequency of testing
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.
Each athlete shall be tested—
at least 3 times, each with no advance notice, during each season of play; and
at least 2 times, each with no advance notice, during the off-season.
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.
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.
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.
Analysis of sample
Each sample provided shall be analyzed by a laboratory approved by the United States Anti-Doping Agency.
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).
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.
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.
A second violation shall result in a lifetime ban of the professional athlete from all major professional leagues.
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.
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.
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.
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.
During the pendency of any proceedings the professional athlete shall be suspended from participating in any professional game.
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.
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.
Promulgation of standards by the director of the office of national drug control policy
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.
A modification under subsection (a) shall not—
reduce the effectiveness of the standards in eliminating the use of steroids or other performance-enhancing substances in any major professional league; or
diminish the leadership role of the United States in eliminating the use of steroids or other performance-enhancing substances in sports.
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.
The Director may delegate the administration of this Act to any other appropriate agency of the Federal Government.
Enforcement by the Federal Trade Commission
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.
Powers of Commission
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.
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.
Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law.
Reports to Congress
First league report
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.
The report required by this subsection shall contain—
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
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.
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.
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.
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.
Study on college testing policies and procedures
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.
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.
The report required by this subsection shall—
assess the adequacy of the testing policies and procedures described in subsection (a) in detecting and preventing the use of performance-enhancing substances; and
include recommendations to Congress regarding expanding the application of the regulations issued pursuant to this Act to such intercollegiate and interscholastic athletic associations.
Commission on high school and collegiate athletics
The Director shall establish a commission on high school and collegiate athletics.
Not later than 1 year after the date of enactment of this Act, the commission shall report to Congress—
findings on the use of steroids and other performance-enhancing substances in high school and collegiate sports; and
recommendations for reducing their use.
Sense of Congress
It is the sense of Congress that—
professional sports leagues not regulated by this Act should adhere to the drug testing standards established in this Act;
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;
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
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.
This Act shall take effect 1 year after the date of enactment of this Act.