I 

109TH CONGRESS 

1ST SESSION H. R. 2516 

To establish standards for the testing of prohibited substances and methods 

for certain professional baseball, basketball, football, and hockey players. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 19, 2005 

Mr. SWEENEY introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To establish standards for the testing of prohibited substances and methods for certain professional baseball, 

basketball, football, and hockey players. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Professional Sports 

5 Integrity Act of 2005’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to protect the integrity 

8 of professional sports and strengthen the health and safety 

9 standards for Major League Baseball, the National Bas10 ketball Association, the National Football League, and the 
2 

•HR 2516 IH 

1 National Hockey League, through the establishment of 

2 minimum standards and procedures for testing for prohib3 ited substances and methods. 

4 SEC. 3. DEFINITIONS. 

5 As used in this Act— 

6 (1) the term ‘‘professional baseball, basketball, 

7 football, or hockey game’’ means any baseball, bas8 ketball, football, or hockey game held in the United 

9 States between any professional teams of a major 

10 professional league in which players compete for fi11 nancial compensation; 

12 (2) the term ‘‘major professional league’’ means 

13 Major League Baseball, the National Basketball As14 sociation, the National Football League, and the Na15 tional Hockey League; and 

16 (3) the term ‘‘professional athlete’’ means an 

17 individual who competes in a professional baseball, 

18 basketball, football, or hockey game. 

19 SEC. 4. TESTING OF BANNED SUBSTANCES FOR CERTAIN 

20 PROFESSIONAL ATHLETES. 

21 (a) CONDUCT PROHIBITED.—It is unlawful for a 

22 major professional league to organize or produce, or for 

23 any person to compete in, a professional baseball, basket24 ball, football, or hockey game without meeting the require25 ments in subsection (b). 
3 

•HR 2516 IH 

1 (b) MINIMUM TESTING REQUIREMENTS.—Each 

2 major professional league shall implement policies and 

3 procedures for the testing of the use of prohibited sub4 stances and methods by professional athletes who compete 

5 in each respective major professional league. Such policies 

6 and procedures shall, at minimum, include the following: 

7 (1) TIMING AND FREQUENCY OF TESTING.— 

8 Each professional athlete shall be tested a minimum 

9 of 4 times each year that such athlete is competing 

10 in games organized by the major professional league. 

11 Each athlete shall be tested— 

12 (A) at least twice, at random intervals, 

13 during each season of play; and 

14 (B) at least twice, at random intervals, 

15 during the off-season. 

16 Each major professional league shall also provide for 

17 additional tests to be administered when the league 

18 has reasonable cause to believe that a particular ath19 lete or team may be in violation of such league’s 

20 policies regarding prohibited substances and meth21 ods. An athlete shall not be notified of any test in 

22 advance. 

23 (2) METHOD OF TESTING.—Each test shall 

24 consist of each athlete providing a blood or urine 

25 sample. The party administering the test shall ob-
4 

•HR 2516 IH 

1 serve the provision of each sample. Each major pro2 fessional league shall consult with the United States 

3 Anti-Doping Agency regarding method of testing, in4 cluding selection, notification, collection, processing, 

5 and chain of custody issues. 

6 (3) APPLICABLE SUBSTANCES.—Each profes7 sional athlete shall be tested for the substances and 

8 methods determined by the World Anti-Doping 

9 Agency to be prohibited at the time of each test. A 

10 major professional league may make exceptions for 

11 any substance that has been prescribed by a team 

12 physician for a documented medical condition. 

13 (4) ANALYSIS OF SAMPLE.—Each sample pro14 vided shall be analyzed by a laboratory accredited or 

15 otherwise approved by the World Anti-Doping Agen16 cy. 

17 (5) POSITIVE TESTS.—A positive test shall con18 sist of the presence in the sample of a substance 

19 prohibited pursuant to paragraph (3), or its metabo20 lites or markers. A refusal by a professional athlete 

21 to submit to a test shall also be considered a positive 

22 test. 

23 (6) PENALTIES.—A positive test shall result in 

24 the following penalties: 
5 

•HR 2516 IH 

1 (A) A professional athlete who tests posi2 tive for the first time shall be immediately sus3 pended for a minimum of 2 years. 

4 (B) A professional athlete who tests posi5 tive for a second time shall be permanently 

6 barred from participation in the activities of 

7 that major professional league. 

8 All suspensions shall include a loss of pay for the pe9 riod of the suspension. 

10 (7) DISCLOSURE.—A positive test result by any 

11 professional athlete, including the name of such ath12 lete and substance, shall be disclosed to the public. 

13 (8) APPEALS PROCEDURE.—A professional ath14 lete who tests positive shall be provided an oppor15 tunity for a hearing and a right to appeal any pen16 alty imposed. Each major professional league shall 

17 consult with the United States Anti-Doping Agency 

18 in the development of procedures for adjudication 

19 and appeals. 

20 SEC. 5. ENFORCEMENT BY THE FEDERAL TRADE COMMIS21 SION. 

22 (a) UNFAIR AND DECEPTIVE ACT OR PRACTICE.— 

23 A violation of section 4 shall be treated as a violation of 

24 a rule defining an unfair or deceptive act or practice pre-
6 

•HR 2516 IH 

1 scribed under section 18(a)(1)(B) of the Federal Trade 

2 Commission Act (15 U.S.C. 57a(a)(1)(B)). 

3 (b) ENFORCEMENT AUTHORITY.—Notwithstanding 

4 section 5(n) of the Federal Trade Commission Act (15 

5 U.S.C. 45(n)), the Federal Trade Commission shall en6 force this Act in the same manner, by the same means, 

7 and with the same jurisdiction, powers, and duties as 

8 though all applicable terms and provisions of the Federal 

9 Trade Commission Act (15 U.S.C. 41 et seq.) were incor10 porated into and made a part of this Act. 

11 (c) RULEMAKING AUTHORITY.—The Federal Trade 

12 Commission may, by rule pursuant to section 18(a)(1)(B) 

13 of the Federal Trade Commission Act (15 U.S.C. 

14 57a(a)(1)(B)), extend the requirements of section 4 to 

15 other professional sports leagues operating in interstate 

16 commerce (other than those described in section 3(2)) and 

17 to the National Collegiate Athletic Association. 

18 SEC. 6. REPORTING REQUIREMENT. 

19 Not later than 1 year after the date of enactment 

20 of this Act, and every 2 years thereafter, each major pro21 fessional league shall transmit to the Federal Trade Com22 mission, the Committee on Energy and Commerce of the 

23 House of Representatives, and the Committee on Com24 merce, Science, and Transportation of the Senate, a report 
7 

•HR 2516 IH 

1 on its testing policies and procedures. The reports shall 

2 include— 

3 (1) a comparison of the league’s policies and 

4 procedures to the policies and procedures required 

5 by this Act; and 

6 (2) aggregate data concerning the number of 

7 tests administered each year and the outcomes of 

8 such tests, including the prohibited substances 

9 found, but shall not include the names of any profes10 sional athletes who have tested positive. 

11 SEC. 7. SENSE OF CONGRESS. 

12 It is the sense of Congress that other professional 

13 sports leagues and associations not covered by this Act 

14 should adopt policies and procedures for the testing of 

15 steroids and other illicit substances that are substantially 

16 similar to those required by this Act. 

Æ