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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

======================================================================



 
          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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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.