[Senate Report 116-301]
[From the U.S. Government Publishing Office]
Calendar No. 594
116th Congress } { Report
SENATE
2d Session } { 116-301
_______________________________________________________________________
UNITED STATES ANTI-DOPING AGENCY REAUTHORIZATION ACT OF 2020
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 3248
November 17, 2020.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
19-010 WASHINGTON : 2020
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred sixteenth congress
second session
ROGER F. WICKER, Mississippi, Chairman
JOHN THUNE, South Dakota MARIA CANTWELL, Washington
ROY BLUNT, Missouri AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska TOM UDALL, New Mexico
CORY GARDNER, Colorado GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West Virginia TAMMY DUCKWORTH, Illinois
MIKE LEE, Utah JON TESTER, Montana
RON JOHNSON, Wisconsin KYRSTEN SINEMA, Arizona
TODD C. YOUNG, Indiana JACKY ROSEN, Nevada
RICK SCOTT, Florida
John Keast, Staff Director
David Strickland, Minority Staff Director
Calendar No. 594
116th Congress } { Report
SENATE
2d Session } { 116-301
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UNITED STATES ANTI-DOPING AGENCY REAUTHORIZATION ACT OF 2020
_______
November 17, 2020.--Ordered to be printed
_______
Mr. Wicker, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 3248]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 3248) to reauthorize the United
States Anti-Doping Agency, and for other purposes, having
considered the same, reports favorably thereon with amendments
and recommends that the bill (as amended) do pass.
Purpose of the Bill
The purpose of this bill is to reauthorize the United
States Anti-Doping Agency (USADA) from fiscal year 2021 through
fiscal year 2029. This bill would authorize additional funds to
USADA, promote interagency cooperation, and extend USADA's
mission to include the promotion of positive values in youth
sport. Reauthorization would help ensure USADA has the tools
and resources necessary to promote clean sport, at all ages and
skill levels, through detecting and deterring the use of
dangerous, banned performance-enhancing substances among
athletes.
Background and Needs
The U.S. Olympic and Paralympic Committee (USOPC)
established USADA in 2000\1\ at the recommendation of a USOPC
task force. The task force recommended the creation of an
independent body to bring credibility to the anti-doping fight
in the U.S. Olympic sports movement.\2\ Upon USADA's formation,
it was governed by a Board of Directors, which consisted of
nine members.\3\ Of those members, five came from outside the
Olympic community and four were elected by the USOPC, the
Athlete Advisory Council, and the National Governing Body
Council.\4\ Today, USADA's board consists of 10 independent
individuals who are reported to have no conflicts of interest
with respect to USADA's mission and share the principles of the
organization.\5\
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\1\U.S. Anti-Doping Agency, ``Independence & History,'' Mar. 27,
2020 (https://www.usada.org/independence-history/) (accessed Aug. 21,
2020).
\2\Id.
\3\Id.
\4\Id.
\5\Id.
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As the official anti-doping organization for all Olympic,
Paralympic, Pan American and Parapan American sport events in
the United States, USADA is also charged with managing a
comprehensive national anti-doping program for all USOPC-
recognized sport national governing bodies, their athletes, and
events.\6\ USADA's anti-doping program includes in-competition
and out-of-competition testing, managing the results of drug
testing, providing drug reference resources, and athlete
education.\7\ Additionally, USADA contributes a portion of its
budget to scientific research and education, as well as
outreach initiatives focused on doping awareness and
prevention.\8\ In 2018, USADA completed 6,607 drug tests and
issued 36 sanctions.\9\
---------------------------------------------------------------------------
\6\U.S. Anti-Doping Agency, ``About USADA: The Gold Standard in
Anti-Doping'' (https://www.usada.org/about/) (accessed Aug. 21, 2020).
\7\Id.
\8\Id.
\9\U.S. Anti-Doping Agency, U.S. Anti-Doping Agency, 2018 Annual
Report, 2019 (https://www.usada.org/wp-content/uploads/2018-annual-
report-a.pdf) (accessed Aug. 21, 2020).
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Congress first funded--but did not authorize--USADA as the
country's official anti-doping agency in 2002.\10\ 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.\11\ USADA was last reauthorized by
Congress in 2014.
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\10\Public Law 107-67, section 644.
\11\S. Rep. 113-281, at 2 (2014).
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Summary of Provisions
S. 3248 reauthorizes USADA from fiscal years 2021 through
2029. Additionally, this bill would extend USADA's authority to
include the promotion of positive values in youth sport to help
instill in young athletes the values of integrity, respect,
teamwork, courage, and responsibility. S. 3248 also requires
U.S. government officials, including the Attorney General, the
Secretary of Homeland Security, and the Commissioner of Food
and Drugs to provide USADA with any relevant information
relating to the prevention of the use of performance-enhancing
drugs or the prohibition of performance-enhancing methods.
Legislative History
S. 3248, the United States Anti-Doping Agency
Reauthorization Act of 2020, was introduced on February 3,
2020, by Senator Moran (for himself and Senator Blumenthal) and
was referred to the Committee on Commerce, Science, and
Transportation of the Senate. On March 11, 2020, the Committee
met in open Executive Session and, by voice vote, ordered the
bill reported favorably with amendments.
H.R. 5373, a companion bill to S. 3248, was introduced on
December 9, 2019, by Representative Thompson [D-CA-5] (for
himself and Representatives Johnson [R-OH-6] and DeGette [D-CO-
1]) and was referred to Committee on Energy and Commerce in the
House of Representatives.
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. 3248 would authorize the appropriation of $175 million
over the 2021-2029 period for the United States Anti-Doping
Agency (USADA) to prevent the use of performance-enhancing
drugs in Olympic sports. The bill also would require the
Departments of Justice, Homeland Security, and Food and Drug
Administration to coordinate with USADA on efforts to prevent
the use of performance-enhancing drugs. Finally, the bill would
require USADA to report on options to test horses for
performance-enhancing drugs in the United States.
Assuming the appropriation of the authorized amounts, CBO
estimates that implementing S. 3248 would cost $83 million over
the 2021-2025 period and $175 million over the 2021-2030
period. For fiscal year 2020, USADA received an appropriation
of $10 million.
S. 3248 would impose private-sector mandates as defined in
the Unfunded Mandates Reform Act (UMRA) on the USADA. The bill
would require USADA to distribute educational materials to
promote the positive values of youth sports and to report to
the Congress on its capacity to implement an anti-doping and
medication control program for horses. CBO estimates the cost
of the mandate would not exceed the private-sector threshold
established in UMRA ($168 million in 2020, adjusted annually
for inflation).
S. 3248 would not impose intergovernmental mandates as
defined in UMRA.
TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 3248
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By fiscal year, millions of dollars--
--------------------------------------------------------------------------------------------------
2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2020-2025 2020-2030
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Authorization........................................ 0 16 16 17 18 19 20 22 25 24 0 85 175
Estimated Outlays.................................... 0 14 16 17 18 18 20 22 25 24 1 83 175
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Components may not sum to totals because of rounding.
On September 28, 2020, CBO transmitted a cost estimate for
H.R. 5373, the United States Anti-Doping Agency Reauthorization
Act, as ordered reported by the House Committee on Energy and
Commerce on September 9, 2020. The two pieces of legislation
are similar; the differences in CBO's estimates reflect
differences in the specified authorizations in the two bills.
The CBO staff contact for this estimate is Matthew Pickford
(for federal costs) and Andrew Laughlin (for mandates). The
estimate was reviewed by H. Samuel Papenfuss, Deputy Director
of Budget Analysis.
Regulatory Impact Statement
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
S. 3248 would reauthorize USADA from fiscal years 2021
through 2029. Although the bill requires certain government
officials to share information with USADA pertaining to the
prevention of the use of performance-enhancing drugs in sport,
the bill would not authorize any new regulations and would not
subject any individuals or businesses to new regulations.
economic impact
S. 3248 would not have an adverse economic impact on the
Nation. It is expected that USADA's continued efforts to ensure
clean and competitive sport would benefit the economic
activities associated with competitions.
privacy
S. 3248 would not have any adverse impact on the personal
privacy of individuals.
paperwork
S. 3248 would not increase paperwork requirements for
private individuals or businesses. The legislation may require
reports or documentation by certain government officials to
share information with USADA related to the prevention of the
use of performance-enhancing drugs.
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 provide that the bill may be cited as
the ``United States Anti-Doping Agency Reauthorization Act of
2020''.
Section 2. Findings.
This section recognizes USADA as the anti-doping
organization of the United States and its efforts to advance
clean sport. This section finds that participation in youth
sports has the potential to equip young athletes with important
skills and values necessary for success in life. Additionally,
this section finds that by extending USADA's authority to
include the promotion of the positive value of youth sport,
Congress sends a strong signal that the goals of youth sport
should include instilling in young athletes the values of
integrity, respect, teamwork, courage, and responsibility. This
section also recognizes the importance of increasing funding to
USADA to fulfill its mission.
Section 3. Promotion of youth sports.
This section would amend the Office of National Drug
Control Policy Reauthorization of 2006 to extend USADA's
authority to include the promotion of positive youth sport
experiences. The amended language would direct USADA to use a
portion of its funding for the TrueSport Program to promote a
positive youth sport experience by providing educational
materials on sportsmanship, character building, and healthy
performance for the athletes, parents, and coaches who
participate in youth sports.
Section 4. Authorization of appropriations.
This section would amend section 703 of the Office of
National Drug Control Policy Reauthorization Act of 2006 by
authorizing funds to be appropriated to USADA from fiscal years
2021 through 2029. The following amounts would be authorized
for each of those fiscal years:
fiscal year 2021, $15,500,000;
fiscal year 2022, $16,200,000;
fiscal year 2023, $16,900,000;
fiscal year 2024, $17,700,000;
fiscal year 2025, $18,500,000;
fiscal year 2026, $19,800,000;
fiscal year 2027, $22,100,000;
fiscal year 2028, $24,900,000; and
fiscal year 2029, $23,700,000.
Section 5. Information sharing.
This section would require the Attorney General, the
Secretary of Homeland Security, and the Commissioner of Food
and Drugs to provide to USADA any relevant information relating
to the prevention of the use of performance-enhancing drugs or
the prohibition of performance-enhancing methods, except as
otherwise prohibited by law or in cases in which the integrity
of a criminal investigation would be affected.
Section 6. Report on capacity to implement equine anti-doping and
medication control program.
This section would require USADA to submit to Congress a
report not later than 180 days after the date of enactment of
the bill that assesses the capacity of USADA to implement an
equine anti-doping and medication control program. This section
would require that the report include recommendations for best
practices, resources, and any other considerations for the
successful implementation of such a program and recommendations
developed in consultation with the National Veterinary Services
Laboratories with respect to appropriate technical standards
for such a program.
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
* * * * * * *
TITLE VII--ANTI-DOPING AGENCY
* * * * * * *
[21 U.S.C. 2001(b)]
SEC. 701. DESIGNATION OF UNITED STATES ANTI-DOPING AGENCY.
(a) * * *
(b) In General.--The United States Anti-Doping Agency shall--
(1) * * *
(2) * * *
(3) * * *
(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 by United States amateur athletes of
performance-enhancing drugs or prohibited performance-
enhancing methods adopted by the Agency[.]; and
(5) promote a positive youth sport experience by
providing educational materials on sportsmanship,
character building, and healthy performance for the
athletes, parents, and coaches who participate in youth
sports.
SEC. 702. * * *
[21 U.S.C. 2003]
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.]
(1) for fiscal year 2021, $15,500,000;
(2) for fiscal year 2022, $16,200,000;
(3) for fiscal year 2023, $16,900,000;
(4) for fiscal year 2024, $17,700,000;
(5) for fiscal year 2025, $18,500,000;
(6) for fiscal year 2026, $19,800,000;
(7) for fiscal year 2027, $22,100,000;
(8) for fiscal year 2028, $24,900,000; and
(9) for fiscal year 2029, $23,700,000.
* * * * * * *