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 sub-
stances and methods for certain professional baseball, 
basketball, football, and hockey players. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Professional Sports 
Integrity Act of 2005’’. 
SEC. 2. PURPOSE. 
The purpose of this Act is to protect the integrity 
of professional sports and strengthen the health and safety 
standards for Major League Baseball, the National Bas-
ketball Association, the National Football League, and the
National Hockey League, through the establishment of 
minimum standards and procedures for testing for prohib-
ited substances and methods. 
SEC. 3. DEFINITIONS. 
As used in this Act— 
(1) the term ‘‘professional baseball, basketball, 
football, or hockey game’’ means any baseball, bas-
ketball, football, or hockey game held in the United 
States between any professional teams of a major 
professional league in which players compete for fi-
nancial compensation; 
(2) the term ‘‘major professional league’’ means 
Major League Baseball, the National Basketball As-
sociation, the National Football League, and the Na-
tional Hockey League; and 
(3) the term ‘‘professional athlete’’ means an 
individual who competes in a professional baseball, 
basketball, football, or hockey game. 
SEC. 4. TESTING OF BANNED SUBSTANCES FOR CERTAIN 
PROFESSIONAL ATHLETES. 
(a) CONDUCT PROHIBITED.—It is unlawful for a 
major professional league to organize or produce, or for 
any person to compete in, a professional baseball, basket-
ball, football, or hockey game without meeting the require-
ments in subsection (b).
(b) MINIMUM
TESTING
REQUIREMENTS.—Each 
major professional league shall implement policies and 
procedures for the testing of the use of prohibited sub-
stances and methods by professional athletes who compete 
in each respective major professional league. Such policies 
and procedures shall, at minimum, include the following: 
(1) TIMING AND FREQUENCY OF TESTING.— 
Each professional athlete shall be tested a minimum 
of 4 times each year that such athlete is competing 
in games organized by the major professional league. 
Each athlete shall be tested— 
(A) at least twice, at random intervals, 
during each season of play; and 
(B) at least twice, at random intervals, 
during the off-season. 
Each major professional league shall also provide for 
additional tests to be administered when the league 
has reasonable cause to believe that a particular ath-
lete or team may be in violation of such league’s 
policies regarding prohibited substances and meth-
ods. An athlete shall not be notified of any test in 
advance. 
(2) METHOD
OF
TESTING.—Each test shall 
consist of each athlete providing a blood or urine 
sample. The party administering the test shall ob-
serve the provision of each sample. Each major pro-
fessional league shall consult with the United States 
Anti-Doping Agency regarding method of testing, in-
cluding selection, notification, collection, processing, 
and chain of custody issues. 
(3) APPLICABLE
SUBSTANCES.—Each profes-
sional athlete shall be tested for the substances and 
methods determined by the World Anti-Doping 
Agency to be prohibited at the time of each test. A 
major professional league may make exceptions for 
any substance that has been prescribed by a team 
physician for a documented medical condition. 
(4) ANALYSIS OF SAMPLE.—Each sample pro-
vided shall be analyzed by a laboratory accredited or 
otherwise approved by the World Anti-Doping Agen-
cy. 
(5) POSITIVE TESTS.—A positive test shall con-
sist of the presence in the sample of a substance 
prohibited pursuant to paragraph (3), or its metabo-
lites or markers. A refusal by a professional athlete 
to submit to a test shall also be considered a positive 
test. 
(6) PENALTIES.—A positive test shall result in 
the following penalties:
(A) A professional athlete who tests posi-
tive for the first time shall be immediately sus-
pended for a minimum of 2 years. 
(B) A professional athlete who tests posi-
tive for a second time shall be permanently 
barred from participation in the activities of 
that major professional league. 
All suspensions shall include a loss of pay for the pe-
riod of the suspension. 
(7) DISCLOSURE.—A positive test result by any 
professional athlete, including the name of such ath-
lete and substance, shall be disclosed to the public. 
(8) APPEALS PROCEDURE.—A professional ath-
lete who tests positive shall be provided an oppor-
tunity for a hearing and a right to appeal any pen-
alty imposed. Each major professional league shall 
consult with the United States Anti-Doping Agency 
in the development of procedures for adjudication 
and appeals. 
SEC. 5. ENFORCEMENT BY THE FEDERAL TRADE COMMIS-
SION. 
(a) UNFAIR AND DECEPTIVE ACT OR PRACTICE.— 
A violation of section 4 shall be treated as a violation of 
a rule defining an unfair or deceptive act or practice pre-
scribed under section 18(a)(1)(B) of the Federal Trade 
Commission Act (15 U.S.C. 57a(a)(1)(B)). 
(b) ENFORCEMENT AUTHORITY.—Notwithstanding 
section 5(n) of the Federal Trade Commission Act (15 
U.S.C. 45(n)), the Federal Trade Commission shall en-
force this Act 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 incor-
porated into and made a part of this Act. 
(c) RULEMAKING AUTHORITY.—The Federal Trade 
Commission may, by rule pursuant to section 18(a)(1)(B) 
of the Federal Trade Commission Act (15 U.S.C. 
57a(a)(1)(B)), extend the requirements of section 4 to 
other professional sports leagues operating in interstate 
commerce (other than those described in section 3(2)) and 
to the National Collegiate Athletic Association. 
SEC. 6. REPORTING REQUIREMENT. 
Not later than 1 year after the date of enactment 
of this Act, and every 2 years thereafter, each major pro-
fessional league shall transmit to the Federal Trade Com-
mission, the Committee on Energy and Commerce of the 
House of Representatives, and the Committee on Com-
merce, Science, and Transportation of the Senate, a report
on its testing policies and procedures. The reports shall 
include— 
(1) a comparison of the league’s policies and 
procedures to the policies and procedures required 
by this Act; and 
(2) aggregate data concerning the number of 
tests administered each year and the outcomes of 
such tests, including the prohibited substances 
found, but shall not include the names of any profes-
sional athletes who have tested positive. 
SEC. 7. SENSE OF CONGRESS. 
It is the sense of Congress that other professional 
sports leagues and associations not covered by this Act 
should adopt policies and procedures for the testing of 
steroids and other illicit substances that are substantially 
similar to those required by this Act. 
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