[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3942 Introduced in House (IH)]







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 
 following 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 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.

    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 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 success of those leagues. These 
        benefits include antitrust 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 professional sports leagues. 
        Additionally, they enjoy indirect 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, performance 
        enhancing substances, and Schedule I controlled 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 competition.
            (4) Studies suggest a connection between the use of 
        performance enhancing substances by professional athletes and 
        the increased use of these substances 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 substances are 
        well-documented including stunted growth, scarring acne, hair 
        loss, hormonal and metabolic imbalances, liver damage, a higher 
        risk of heart attack and stroke, dramatic mood swings, and 
        violent tendencies.
            (6) The tolerance of the use of performance enhancing 
        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 controlled 
        substances.
            (8) As of the date of enactment of this Act, Congress is 
        not satisfied that the four major professional leagues have an 
        appropriate testing and penalty policy in place. Minimum 
        standards for testing for the illegal use of performance-
        enhancing substances and other controlled substances, and 
        minimum penalties for the illegal use of these substances, 
        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 Department of Justice, as the agency tasked 
        with enforcing the laws on controlled substances, is the 
        appropriate agency to establish, monitor, and update standards 
        for testing for and penalties for illegal use of performance-
        enhancing and other controlled substances.

SEC. 3. DEFINITIONS.

    In this Act the following definitions apply:
            (1) Accreditation body.--The term ``accreditation body'' 
        means the private nonprofit organization 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 outside of the season of play for 
        each major professional league.
            (4) Professional athlete.--The term ``professional 
        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 beginning with the date on which 
                professional athletes of that major professional league 
                are collectively 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-ENHANCING AND OTHER 
              CONTROLLED SUBSTANCES.

    (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 professional leagues for the illegal use of 
steroids and other performance-enhancing substances and any substance 
designated 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 professional athlete 
        should be tested for prohibited substances 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 substances that have 
        legitimate medical or therapeutic use, if such use is for a 
        documented medical condition of the professional athlete;
            (5) sufficient penalties for any professional athlete 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 identity 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 standards issued under subsection 
(a) as necessary. Any modification 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 ACCREDITATION 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 professional leagues. Such accreditation body 
shall--
            (1) audit a major professional league's testing protocols 
        and policies with such frequency as the Attorney General shall 
        determine; and
            (2) with such frequency as determined by the Attorney 
        General, inspect the testing of a major professional league of 
        its professional athletes to ensure that the testing procedures 
        meet the standards established 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 accreditation 
                body--
                            (i) in such form and manner as the Attorney 
                        General shall prescribe;
                            (ii) that describes the characteristics of 
                        the major professional league's prohibited 
                        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 
                                procedures employed;
                                    (III) the qualifications 
                                (educational background, training, and 
                                experience) of the lab personnel 
                                selected to evaluate the tests; and
                                    (IV) adjudication policies and 
                                procedures, including policies and 
                                procedures governing an appeals 
                                process; and
                            (iii) that contains such other information 
                        as the Attorney General may require to 
                        determine compliance with this Act;
                    (B) provide the accreditation body satisfactory 
                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 
                accreditation 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 certification of a major 
professional league issued under this section 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 obtaining 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 requests 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 accreditation 
        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 receive certification under 
subsection (b) or a major professional 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 
certification 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 General may fine any major 
professional league that fails to adopt and enforce testing policies 
and procedures consistent with such rules. The amount of the fine shall 
be not more than $5,000,000, except that the Attorney General 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 provided for in this section upon finding such fines to be unduly 
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 procedures consistent with the rules issued 
pursuant to section 4. Such report shall include recommendations on any 
specific 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 Congress that Congress 
should annually review the certification status of each major 
professional league and consider taking legislative action regarding 
the benefits enjoyed 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 INVOLVING ATHLETES.

    (a) In General.--Part D of the Controlled Substances 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 intent to distribute an anabolic 
steroid to a professional, college, or high school athlete, is subject 
to twice the maximum term of imprisonment, maximum fine, and maximum 
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 property where 
        athletic sports or athletic training takes place, if such 
        property is privately owned for commercial purposes or if such 
        property is publicly owned, but does not include any real 
        property described 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 activity that--
                    ``(A) has officially designated coaches;
                    ``(B) conducts regularly scheduled practices or 
                workouts that are supervised by coaches; and
                    ``(C) has established schedules for competitive 
                events or exhibitions; and
            ``(6) the term `possessing with intent to distribute' means 
        possessing with the intent to distribute 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 athletes.''.

SEC. 9. STUDIES AND REPORTS.

    (a) Report on Effectiveness of Regulations.--Not later than 2 years 
after the date of enactment of this Act and every 2 years thereafter, 
the Attorney General shall transmit to the Committees on the Judiciary 
of the Senate and the House of Representatives a report describing the 
effectiveness of the regulations prescribed 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 substances 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 General 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 policies 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 regulations issued 
                pursuant to this Act to such intercollegiate and 
                interscholastic athletic associations.

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 professional 
athletes.
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