Professional Sports Integrity Act of 2005 - Prohibits Major League Baseball, the National Basketball Association, the National Football League, or the National Hockey League from organizing or producing, or any person from competing in, a professional baseball, basketball, football, or hockey game without meeting the testing requirements established by this Act. Requires each such league to implement testing for the use of prohibited substances by professional athletes who compete in that league, including: (1) testing each athlete at least four times a year, twice during both the season and the off-season; (2) additional testing with reasonable cause; and (3) testing for all substances prohibited by the World Anti-Doping Agency.
Requires for each athlete who tests positive: (1) a suspension for a minimum of two years for the first positive test result; (2) a permanent ban for any subsequent positive test result; (3) public disclosure of both the athlete's name and the prohibited substance; and (4) an opportunity to appeal.
Deems a violation of this Act to be an unfair or deceptive act or practice. Authorizes the Federal Trade Commission (FTC) to enforce this Act.
Requires biennial reports for each league.
Expresses the sense of Congress that other professional sports leagues should adopt policies and procedures for the testing of steroids and other illicit substances that are substantially similar to those required by this Act.
[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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Commerce, Trade and Consumer Protection.
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