[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2516 Introduced in House (IH)]






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.

    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 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 Basketball Association, the National Football 
League, and the National Hockey League, through the establishment of 
minimum standards and procedures for testing for prohibited substances 
and methods.

SEC. 3. DEFINITIONS.

    As used in this Act--
            (1) the term ``professional baseball, basketball, football, 
        or hockey game'' means any baseball, basketball, football, or 
        hockey game held in the United States between any professional 
        teams of a major professional league in which players compete 
        for financial compensation;
            (2) the term ``major professional league'' means Major 
        League Baseball, the National Basketball Association, the 
        National Football League, and the National 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, basketball, football, or hockey game without 
meeting the requirements in subsection (b).
    (b) Minimum Testing Requirements.--Each major professional league 
shall implement policies and procedures for the testing of the use of 
prohibited substances 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 athlete or team 
        may be in violation of such league's policies regarding 
        prohibited substances and methods. 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 observe the provision of each 
        sample. Each major professional league shall consult with the 
        United States Anti-Doping Agency regarding method of testing, 
        including selection, notification, collection, processing, and 
        chain of custody issues.
            (3) Applicable substances.--Each professional 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 provided shall be 
        analyzed by a laboratory accredited or otherwise approved by 
        the World Anti-Doping Agency.
            (5) Positive tests.--A positive test shall consist of the 
        presence in the sample of a substance prohibited pursuant to 
        paragraph (3), or its metabolites 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 positive for 
                the first time shall be immediately suspended for a 
                minimum of 2 years.
                    (B) A professional athlete who tests positive 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 period of 
        the suspension.
            (7) Disclosure.--A positive test result by any professional 
        athlete, including the name of such athlete and substance, 
        shall be disclosed to the public.
            (8) Appeals procedure.--A professional athlete who tests 
        positive shall be provided an opportunity for a hearing and a 
        right to appeal any penalty 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 COMMISSION.

    (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 prescribed 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 enforce 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 incorporated 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 professional league shall transmit 
to the Federal Trade Commission, the Committee on Energy and Commerce 
of the House of Representatives, and the Committee on Commerce, 
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 professional 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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