[Senate Report 113-281]
[From the U.S. Government Publishing Office]
113th Congress
2d Session SENATE REPORT
113-281
_______________________________________________________________________
Calendar No. 608
UNITED STATES ANTI-DOPING AGENCY REAUTHORIZATION ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 2338
December 1, 2014.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred thirteenth congress
second session
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
BARBARA BOXER, California JOHN THUNE, South Dakota
BILL NELSON, Florida ROGER F. WICKER, Mississippi
MARIA CANTWELL, Washington ROY BLUNT, Missouri
MARK PRYOR, Arkansas MARCO RUBIO, Florida
CLAIRE McCASKILL, Missouri KELLY AYOTTE, New Hampshire
AMY KLOBUCHAR, Minnesota DEAN HELLER, Nevada
MARK BEGICH, Alaska DANIEL COATS, Indiana
RICHARD BLUMENTHAL, Connecticut TIM SCOTT, South Carolina
BRIAN SCHATZ, Hawaii TED CRUZ, Texas
ED MARKEY, Massachusetts DEB FISCHER, Nebraska
CORY BOOKER, New Jersey RON JOHNSON, Wisconsin
JOHN WALSH, Montana
Ellen Doneski, Staff Director
John Williams, General Counsel
David Schwietert, Republican Staff Director
Nick Rossi, Republican Deputy Staff Director
Rebecca Seidel, Republican General Counsel
Calendar No. 608
113th Congress Report
SENATE
2d Session 113-281
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UNITED STATES ANTI-DOPING AGENCY REAUTHORIZATION ACT
_______
December 1, 2014.--Ordered to be printed
_______
Mr. Rockefeller, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 2338]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 2338) to reauthorize the United
States Anti-Doping Agency, and for other purposes, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
Purpose of the Bill
The purpose of S. 2338, the United States Anti-Doping
Agency Reauthorization Act, is to reauthorize the United States
Anti-Doping Agency (USADA) through fiscal year (FY) 2020.
Background and Needs
The U.S. Olympic Committee (USOC) established USADA in
2000, after a USOC task force recommended the creation of an
independent body to better fight doping in U.S. Olympic sports,
which encompasses nearly 50 national sports organizations. (In
contrast, most professional sports leagues in the United States
establish their own anti-doping policies in consultation with
their players associations.) In addition to testing and
educating U.S. Olympic, Paralympic, and Pan American athletes
as outlined by international anti-doping policy, USADA has the
authority to adjudicate appeals and conduct research in support
of anti-doping efforts. Congress first funded - but never
authorized - USADA as the country's ``official anti-doping
agency for Olympic, Pan American, and Paralympic sport'' in a
2002 appropriations bill.\1\ In 2012, USADA performed 8,490
doping control tests and issued 36 sanctions.\2\ USADA receives
one-third of its funding from the USOC.
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\1\P.L. 107--67, Section 644.
\2\U.S. Anti-Doping Agency, 2012 Annual Report (2013) (online at
www.usada.org/wp-content/uploads/2012_annual_report.pdf).
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Most notably, Lance Armstrong's January 2013 admission that
he had used performance-enhancing drugs came on the heels of
USADA's investigation, which found that the seven-time Tour de
France winner and his cycling teammates had used performance-
enhancing drugs. Travis Tygart - the CEO of USADA who led the
effort against Armstrong - became well-known in the public and
was featured on 60 Minutes. USADA banned Armstrong from
competitive cycling for life and disqualified all of his
results back to 1998.\3\
---------------------------------------------------------------------------
\3\U.S. Anti-Doping Agency, Lance Armstrong Receives Lifetime Ban
and Disqualification of Competitive Results for Doping Violations
Stemming from His Involvement in the United States Postal Service Pro-
Cycling Team Doping Conspiracy (Aug. 24, 2012) (online at
www.usada.org/lance-armstrong-receives-lifetime-ban-and-
disqualification-of-competitive-results-for-doping-violations-stemming-
from-his-involvement-in-the-united-states-postal-service-pro-cycling-
team-doping-conspi/).
---------------------------------------------------------------------------
While USADA has received government funding since its
inception, it was first formally authorized in 2006 as part of
the Office of National Drug Control Policy Reauthorization Act
in the final weeks of the 109th Congress. The provision on
USADA's reauthorization was based on S. 529 - the original
Senate bill to formally authorize USADA - which was referred to
and reported favorably by the Committee on Commerce, Science,
and Transportation. The sponsors of the original legislation
were Senators Grassley, Biden, McCain, and Stevens.
USADA has requested small increases in its authorization
levels through FY 2020. The agency's previous authorization
levels were:
FY 2007: $9.7 million.
FY 2008: $10.3 million.
FY 2009: $10.6 million.
FY 2010: $11.0 million.
FY 2011: $11.5 million.
Summary of Provisions
S. 2338 would reauthorize USADA through FY 2020. USADA's
last authorization in 2006 expired at the end of FY 2011. In
addition, the bill would make technical updates to USADA's
authority by striking the current statute's language on gene-
doping and replacing it with general authority to enforce
against prohibited performance-enhancing methods.
Legislative History
Chairman Rockefeller and Senator Thune introduced S. 2338
on May 14, 2014. Senator Blunt of the Committee is a cosponsor.
On September 17, 2014, in an open Executive Session, the
Committee considered the bill and reported S. 2338 favorably by
voice vote.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 2338--United States Anti-Doping Agency Reauthorization Act
Summary: S. 2338 would authorize appropriations of $91
million over the 2014-2020 period for the United States Anti-
Doping Agency (USADA) to prevent the use of performance-
enhancing drugs in Olympic sports. Assuming appropriation of
the authorized amounts, CBO estimates that implementing S. 2338
would cost $65 million over the 2015-2019 period and $14
million in 2020. (There would be no effect in 2014 since the
fiscal year is over.) Enacting the bill would not affect direct
spending or revenues.
S. 2338 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would not affect the budgets of state, local, or tribal
governments.
Estimated cost to the Federal Government: For this
estimate, CBO assumes that S. 2338 will be enacted early in
fiscal year 2015 and that the authorized amounts would be
provided as specified in the legislation. The estimated
budgetary effects of S. 2338 are shown in the following table.
The costs of this legislation fall within budget function 800
(general government).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------
2015-
2015 2016 2017 2018 2019 2019
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level....................................... 12 12 13 14 14 65
Estimated Outlays......................................... 12 12 13 14 14 65
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For fiscal year 2014, USADA received an
appropriation of $9 million. Estimated outlays are based on
historical spending patterns for the agency.
Intergovernmental and private-sector impact: S. 2338
contains no intergovernmental or private-sector mandates as
defined in UMRA and would not affect the budgets of state,
local, or tribal governments.
Estimate prepared by: Federal costs: Matthew Pickford;
Impact on state, local, and tribal governments: Jon Sperl;
Impact on the private-sector: Mann Burnett.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
The legislation would apply to U.S. Olympic, Paralympic,
and Pan American athletes across nearly 50 national sports
organizations that are already under the USOC's and, thus,
USADA's jurisdiction.
economic impact
This legislation is not expected to have an adverse
economic impact on the Nation.
privacy
S. 2338 would not have a negative impact on the personal
privacy of individuals.
paperwork
S. 2338 would not require additional reporting
requirements.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title.
This section would title the bill as the ``United States
Anti-Doping Agency Reauthorization Act.''
Section 2. Prohibit performance-enhancing methods.
This section would update USADA's authority by striking
outdated language on ``performance-enhancing genetic
modifications accomplished through gene-doping'' and replacing
it with a more general authority to enforce against
``prohibited performance-enhancing methods.''
Section 3. Authorization of appropriations.
This section would authorize appropriations for USADA for
FY 2014 through FY 2020:
FY 2014: $11.3 million.
FY 2015: $11.7 million.
FY 2016: $12.3 million.
FY 2017: $12.9 million.
FY 2018: $13.5 million.
FY 2019: $14.1 million.
FY 2020: $14.8 million.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
material is printed in italic, existing law in which no change
is proposed is shown in roman):
OFFICE OF NATIONAL DRUG CONTROL POLICY REAUTHORIZATION ACT OF 2006
[21 U.S.C. 2001 et seq.]
SEC. 701. DESIGNATION OF UNITED STATES ANTI-DOPING AGENCY.
[21 U.S.C. 2001]
(a) Definitions.--In this title:
(1) United States Olympic Committee.--The term
``United States Olympic Committee'' means the
organization established by the ``Ted Stevens Olympic
and Amateur Sports Act'' (36 U.S.C. 220501 et seq.).
(2) Amateur athletic competition.--The term ``amateur
athletic competition'' means a contest, game, meet,
match, tournament, regatta, or other event in which
amateur athletes compete (36 U.S.C. 220501(b)(2)).
(3) Amateur athlete.--The term ``amateur athlete''
means an athlete who meets the eligibility standards
established by the national governing body or
paralympic sports organization for the sport in which
the athlete competes (36 U.S.C. 22501(b)(1)).
[(4) Gene doping.--The term ``gene doping'' means the
nontherapeutic use of cells, genes, genetic elements,
or of the modulation of gene expression, having the
capacity to enhance athletic performance.]
(b) In General.--The United States Anti-Doping Agency shall--
(1) serve as the independent anti-doping organization
for the amateur athletic competitions recognized by the
United States Olympic Committee and be recognized
worldwide as the independent national anti-doping
organization for the United States;
(2) ensure that athletes participating in amateur
athletic activities recognized by the United States
Olympic Committee are prevented from using performance-
enhancing drugs[, or performance-enhancing genetic
modifications accomplished through gene-doping] or
prohibited performance-enhancing methods adopted by the
Agency;
(3) implement anti-doping education, research,
testing, and adjudication programs to prevent United
States Amateur Athletes participating in any activity
recognized by the United States Olympic Committee from
using performance-enhancing drugs[, or performance-
enhancing genetic modifications accomplished through
gene-doping] or prohibited performance-enhancing
methods adopted by the Agency;
(4) serve as the United States representative
responsible for coordination with other anti-doping
organizations coordinating amateur athletic
competitions recognized by the United States Olympic
Committee to ensure the integrity of athletic
competition, the health of the athletes [and the
prevention of use of performance-enhancing drugs, or
performance-enhancing genetic modifications
accomplished through gene-doping by United States
amateur athletes; and], and the prevention of use by
United States amateur athletes of performance-enhancing
drugs or prohibited performance-enhancing methods
adopted by the Agency.
[(5) permanently include ``gene doping'' among any
list of prohibited substances adopted by the Agency.]
[SEC. 703. AUTHORIZATION OF APPROPRIATIONS.
[21 U.S.C. 2003]
[There are authorized to be appropriated to the United States
Anti-Doping Agency--
[(1) for fiscal year 2007, $9,700,000;
[(2) for fiscal year 2008, $10,300,000;
[(3) for fiscal year 2009, $10,600,000;
[(4) for fiscal year 2010, $11,000,000; and
[(5) for fiscal year 2011, $11,500,000.]
SEC. 703. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the United States
Anti-Doping Agency--
(1) for fiscal year 2014, $11,300,000;
(2) for fiscal year 2015, $11,700,000;
(3) for fiscal year 2016, $12,300,000;
(4) for fiscal year 2017, $12,900,000;
(5) for fiscal year 2018, $13,500,000;
(6) for fiscal year 2019, $14,100,000; and
(7) for fiscal year 2020, $14,800,000.