I 
109TH CONGRESS 
1ST SESSION H. R. 3942 
To establish a Federal Office of Steroids Testing Enforcement and Prevention 
to establish and enforce standards for the testing for the illegal use 
in professional sports of performance enhancing substances and other 
controlled substances. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 29, 2005 
Mr. SENSENBRENNER (for himself and Mr. CONYERS) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary, and 
in addition to the Committees on Energy and Commerce and Education 
and the Workforce, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To establish a Federal Office of Steroids Testing Enforce-
ment and Prevention to establish and enforce standards 
for the testing for the illegal use in professional sports 
of performance enhancing substances and other con-
trolled substances. 
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 
Responsibility Act of 2005’’.
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Congress has created some important legal 
benefits for professional sports leagues, some of 
which have been instrumental to the enormous suc-
cess of those leagues. These benefits include anti-
trust exemptions created under the National Sports 
Broadcasting Act, labor exemptions to the antitrust 
laws to engage in collective bargaining agreements, 
special visas for foreign professional athletes, and 
several tax benefits including tax write-offs after the 
sale of a team and tax exemption status for profes-
sional sports leagues. Additionally, they enjoy indi-
rect tax benefits which create incentives for cities to 
build stadiums. 
(2) The leagues have no entitlement to these 
benefits and Congress can revoke these benefits 
away at any time. 
(3) The illegal use of anabolic steroids, per-
formance enhancing substances, and Schedule I con-
trolled substances by professional athletes poses a 
significant public health and safety concern not only 
for the players on the field, but also for the general 
public. As long as athletes believe the use of these 
products is necessary to gain a competitive edge and 
secure recognition in the professional leagues, there
will be incentives for amateur athletes to use these 
products to attempt to reach higher levels of com-
petition. 
(4) Studies suggest a connection between the 
use of performance enhancing substances by profes-
sional athletes and the increased use of these sub-
stances by children and teenagers. Experts estimate 
that over 500,000 teenagers have used performance- 
enhancing substances, which can have serious health 
consequences, especially for teenagers and children. 
(5) The detrimental health effects of these sub-
stances are well-documented including stunted 
growth, scarring acne, hair loss, hormonal and meta-
bolic imbalances, liver damage, a higher risk of heart 
attack and stroke, dramatic mood swings, and vio-
lent tendencies. 
(6) The tolerance of the use of performance en-
hancing substances by professional athletes by the 
professional sports leagues send the wrong message 
to youth that these drugs must be used to advance 
in athletic competition. 
(7) To continue to enjoy the benefits afforded 
the leagues by Congress, the leagues must operate 
as responsible citizens of the United States by 
adopting strong policies to eliminate the use of these
substances and reassure the public that there will be 
no place in professional sports for the illegal use of 
performance-enhancing substances or other con-
trolled substances. 
(8) As of the date of enactment of this Act, 
Congress is not satisfied that the four major profes-
sional leagues have an appropriate testing and pen-
alty policy in place. Minimum standards for testing 
for the illegal use of performance-enhancing sub-
stances and other controlled substances, and min-
imum penalties for the illegal use of these sub-
stances, should be established. 
(9) Because the list of performance-enhancing 
substances continues to expand and new substances 
are always being developed, the list of substances 
must be frequently monitored and updated. The De-
partment of Justice, as the agency tasked with en-
forcing the laws on controlled substances, is the ap-
propriate agency to establish, monitor, and update 
standards for testing for and penalties for illegal use 
of performance-enhancing and other controlled sub-
stances. 
SEC. 3. DEFINITIONS. 
In this Act the following definitions apply:
(1) ACCREDITATION BODY.—The term ‘‘accred-
itation body’’ means the private nonprofit organiza-
tion authorized under section 5 to audit, inspect, 
and certify major professional leagues. 
(2) MAJOR PROFESSIONAL LEAGUE.—The term 
‘‘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 such 
leagues. 
(3) 
OFF-SEASON.—The 
term 
‘‘off-season’’ 
means the period of time in each calendar year out-
side of the season of play for each major profes-
sional league. 
(4) PROFESSIONAL ATHLETE.—The term ‘‘pro-
fessional athlete’’ means an individual who competes 
in a major professional league. 
(5) SEASON OF PLAY.— 
(A) IN GENERAL.—The term ‘‘season of 
play’’ for each major professional league means 
the period of time in each calendar year begin-
ning with the date on which professional ath-
letes of that major professional league are col-
lectively obligated to report to their teams in 
preparation for play and ending with the last
game of the major professional league’s regular 
season. 
(B) POST-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. 
SEC. 4. STANDARDS FOR TESTING FOR PERFORMANCE-EN-
HANCING AND OTHER CONTROLLED SUB-
STANCES. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Attorney General 
shall issue rules requiring the testing by major profes-
sional leagues for the illegal use of steroids and other per-
formance-enhancing substances and any substance des-
ignated as a Schedule I substance under the Controlled 
Substances Act (21 U.S.C. 801 et seq.). The requirements 
of section 553 of title 5, United States Code, shall not 
apply to such rulemaking. Such rules shall be issued with 
regard to each specific major professional league and at 
a minimum establish— 
(1) the minimum number of times each profes-
sional athlete should be tested for prohibited sub-
stances during a calendar year, ensuring that tests 
are conducted at random intervals throughout the 
season of play and during the off-season;
(2) the applicable prohibited substances for 
which professional athletes shall be tested; 
(3) a method of testing and analysis which 
guarantees that— 
(A) the tests will be administered by an 
independent party who is not an employee of a 
major professional league, member team, or 
labor organization representing professional 
athletes in that league; and 
(B) the determination of the persons to be 
tested, and the timing and frequency of testing, 
is not controlled by the major professional 
league; 
(4) a means for exempting particular sub-
stances that have legitimate medical or therapeutic 
use, if such use is for a documented medical condi-
tion of the professional athlete; 
(5) sufficient penalties for any professional ath-
lete who tests positive for a prohibited substance and 
penalties for any professional athlete who refuses or 
fails to submit to a required test; 
(6) an adequate appeals process; and 
(7) procedures for publicly disclosing the iden-
tity of any athlete who tests positive for a prohibited 
substance.
(b) REVISIONS
TO RULE.—The Attorney General 
shall have the authority to modify and update the stand-
ards issued under subsection (a) as necessary. Any modi-
fication of such standards shall take effect on January 1 
of the year following the year in which the modifications 
were issued. 
SEC. 5. AUTHORIZATION OF INDEPENDENT ACCREDITA-
TION BODY AND CERTIFICATION. 
(a) ACCREDITATION BODY.—The Attorney General 
shall authorize a private nonprofit organization to be an 
accreditation body for the certification of major profes-
sional leagues. Such accreditation body shall— 
(1) audit a major professional league’s testing 
protocols and policies with such frequency as the At-
torney General shall determine; and 
(2) with such frequency as determined by the 
Attorney General, inspect the testing of a major pro-
fessional league of its professional athletes to ensure 
that the testing procedures meet the standards es-
tablished under section 4. 
(b) CERTIFICATION REQUIREMENTS.— 
(1) CERTIFICATION.—The accreditation body 
shall certify a major professional league each year 
prior to the beginning of that league’s season of play 
if such league adopts and enforces a policy for the
testing for the illegal use of performance-enhancing 
substances and other controlled substances which 
meets the standards established under section 4. 
(2) APPLICATION
AND
REQUIREMENTS
FOR 
CERTIFICATION.—To be certified under this section, 
a major professional league shall— 
(A) submit an application to the accredita-
tion body— 
(i) in such form and manner as the 
Attorney General shall prescribe; 
(ii) that describes the characteristics 
of the major professional league’s prohib-
ited substance testing protocols, policies 
and procedures, including— 
(I) the number and types of tests 
for prohibited substances conducted in 
a calendar year, including the actual 
number of professional athletes tested; 
(II) the methodologies used for 
administering tests and other proce-
dures employed; 
(III) 
the 
qualifications 
(edu-
cational background, training, and ex-
perience) of the lab personnel selected 
to evaluate the tests; and
(IV) adjudication policies and 
procedures, including policies and pro-
cedures governing an appeals process; 
and 
(iii) that contains such other informa-
tion as the Attorney General may require 
to determine compliance with this Act; 
(B) provide the accreditation body satisfac-
tory assurances that the major professional 
league will be operated in accordance with 
standards issued by the Attorney General under 
section 4; and 
(C) agree to permit inspections by the ac-
creditation body and to make available any 
records and submit reports to the accreditation 
body as the Attorney General may reasonably 
require. 
(c) SUSPENSION
AND REVOCATION.—The certifi-
cation of a major professional league issued under this sec-
tion may be suspended or revoked if the accreditation body 
finds, after reasonable notice and opportunity for hearing 
of the owner or operator of the major professional league, 
that such owner or operator or any employee of the major 
professional league—
(1) has been guilty of misrepresentation in ob-
taining the certification; 
(2) has failed to comply with the requirements 
of this section or the standards established under 
section 4; 
(3) has failed to comply with reasonable re-
quests of the accreditation body for any information 
or materials that the accreditation body concludes is 
necessary to determine the major professional 
league’s continued eligibility for certification; or 
(4) has refused a reasonable request of the ac-
creditation body to inspect the major professional 
league and its operations and pertinent records. 
(d) REPORT.—The accrediting body shall report to 
Congress whenever a major professional league fails to re-
ceive certification under subsection (b) or a major profes-
sional league’s certification is revoked or suspended, under 
subsection (c). The report shall include the reasons for 
which the league was not certified or for which its certifi-
cation was revoked or suspended. 
SEC. 6. CIVIL PENALTIES. 
Beginning 1 year after the date on which the final 
rules required by section 4 are issued, the Attorney Gen-
eral may fine any major professional league that fails to 
adopt and enforce testing policies and procedures con-
sistent with such rules. The amount of the fine shall be 
not more than $5,000,000, except that the Attorney Gen-
eral may increase that amount by not more than 
$1,000,000 for each additional day of noncompliance. The 
Attorney General may reduce the amount of the fines pro-
vided for in this section upon finding such fines to be un-
duly burdensome for a particular major professional 
league. 
SEC. 7. FURTHER CONGRESSIONAL ACTION. 
(a) REPORT TO CONGRESS.—The Attorney General 
shall report to Congress regarding any major professional 
league that fails to adopt or enforce policies and proce-
dures consistent with the rules issued pursuant to section 
4. Such report shall include recommendations on any spe-
cific action regarding any of the privileges, exemptions, or 
other benefits enjoyed by such major professional leagues 
under the law. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that Congress should annually review the certifi-
cation status of each major professional league and con-
sider taking legislative action regarding the benefits en-
joyed by any league that fails to adopt or enforce policies 
and procedures consistent with the rules issued pursuant 
to this Act.
SEC. 8. INCREASED PENALTIES FOR ANABOLIC STEROID 
OFFENSES NEAR SPORTS FACILITIES OR IN-
VOLVING ATHLETES. 
(a) IN GENERAL.—Part D of the Controlled Sub-
stances Act is amended by adding at the end the following: 
‘‘ANABOLIC STEROID OFFENSES NEAR SPORTS 
FACILITIES OR INVOLVING ATHLETES 
‘‘SEC. 424. (a) Whoever violates section 401(a)(1) or 
section 416 by manufacturing, distributing, or possessing 
with intent to distribute, an anabolic steroid near or at 
a sports facility, or by distributing or possessing with in-
tent to distribute an anabolic steroid to a professional, col-
lege, or high school athlete, is subject to twice the max-
imum term of imprisonment, maximum fine, and max-
imum term of supervised release otherwise provided by 
section 401 for that offense. 
‘‘(b) As used in this section— 
‘‘(1) the term ‘sports facility’ means real prop-
erty where athletic sports or athletic training takes 
place, if such property is privately owned for com-
mercial purposes or if such property is publicly 
owned, but does not include any real property de-
scribed in section 419; 
‘‘(2) the term ‘near or at’ means in or on, or 
within 1000 feet of;
‘‘(3) the term ‘college or high school athlete’ 
means an athlete who is a student at an institution 
of higher learning (as defined in section 101 of the 
Higher Education Act of 1965 (20 U.S.C. 1001) or 
at a secondary school (as defined in section 9101 of 
the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7801); 
‘‘(4) the term ‘athlete’ means an individual who 
participates in an athletic activity conducted by— 
‘‘(A) an intercollegiate athletic association 
or interscholastic athletic association; 
‘‘(B) a professional athletic association; or 
‘‘(C) an amateur athletic organization; 
‘‘(5) the term ‘athletic activity’ means an activ-
ity that— 
‘‘(A) has officially designated coaches; 
‘‘(B) conducts regularly scheduled prac-
tices or workouts that are supervised by coach-
es; and 
‘‘(C) has established schedules for competi-
tive events or exhibitions; and 
‘‘(6) the term ‘possessing with intent to dis-
tribute’ means possessing with the intent to dis-
tribute near or at a sports facility.’’.
(b) TABLE OF CONTENTS AMENDMENT.—The table 
of contents for Comprehensive Drug Abuse Prevention 
and Control Act of 1970 is amended by inserting after 
the item relating to section 423 the following new item: 
‘‘Sec. 424. Anabolic steroid offenses near sports facilities or involving ath-
letes.’’. 
SEC. 9. STUDIES AND REPORTS. 
(a) REPORT
ON
EFFECTIVENESS
OF
REGULA-
TIONS.—Not later than 2 years after the date of enact-
ment of this Act and every 2 years thereafter, the Attor-
ney General shall transmit to the Committees on the Judi-
ciary of the Senate and the House of Representatives a 
report describing the effectiveness of the regulations pre-
scribed under section 4, the degree to which professional 
sports associations have complied with such regulations, 
and any significant examples of noncompliance. 
(b) STUDY ON COLLEGE TESTING POLICIES AND 
PROCEDURES.— 
(1) STUDY.—The Comptroller General shall 
conduct a study on the illegal use of performance- 
enhancing substances and other controlled sub-
stances by college athletes which shall examine the 
prohibited substance policies and testing procedures 
of intercollegiate athletic associations and college 
and university athletic departments.
(2) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Comptroller Gen-
eral shall transmit a report of the study required by 
subsection (a) to the Committee on the Judiciary of 
the House of Representatives and the Committee on 
the Judiciary of the Senate. The report shall— 
(A) assess the adequacy of the testing poli-
cies and procedures described in subsection (a) 
in detecting and preventing the illegal use of 
performance-enhancing and other controlled 
substances; and 
(B) include recommendations to Congress 
regarding expanding the application of the reg-
ulations issued pursuant to this Act to such 
intercollegiate and interscholastic athletic asso-
ciations. 
SEC. 10. INCLUSION OF ADDITIONAL LEAGUES. 
The Attorney General may include any additional 
professional sports league or the entities participating in 
Division I or Division II of the National Collegiate Athletic 
Association as a major professional league if the Attorney 
General determines that such additions would prevent the 
illegal use of performance-enhancing substances and other
controlled substances by high school, college, or profes-
sional athletes. 
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