[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 718 Reported in Senate (RS)]






                                                        Calendar No. 41
107th CONGRESS
  1st Session
                                 S. 718

                          [Report No. 107-16]

    To direct the National Institute of Standards and Technology to 
  establish a program to support research and training in methods of 
 detecting the use of performance-enhancing drugs by athletes, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 5, 2001

Mr. McCain (for himself, Mr. Brownback, Mr. Jeffords, Mr. Edwards, Mr. 
  Fitzgerald, Mr. Enzi, and Mr. Lugar) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                              May 14, 2001

                Reported by Mr. McCain, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
    To direct the National Institute of Standards and Technology to 
  establish a program to support research and training in methods of 
 detecting the use of performance-enhancing drugs by athletes, and for 
                            other purposes.

    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 ``Amateur Sports Integrity Act''.

                  TITLE I--PERFORMANCE ENHANCING DRUGS

SEC. 101. SHORT TITLE.

     This Title may be cited as ``Athletic Performance-Enhancing Drugs 
Research and Detection Act''.

SEC. 102. RESEARCH AND DETECTION PROGRAM ESTABLISHED.

    (a) In General.--The Director of the National Institute of 
Standards and Technology shall establish and administer a program under 
this title to support research into the use of performance-enhancing 
substances by athletes, and methods of detecting their use.
    (b) Grants.--
            (1) In general.--The program shall include grants of 
        financial assistance, awarded on a competitive basis, to 
        support the advancement and improvement of research into the 
        use of performance-enhancing substances by athletes, and 
        methods of detecting their use.
            (2) Banned substances.--In carrying out the program the 
        Director shall consider research proposals involving 
        performance-enhancing substances banned from use by competitors 
        in events sanctioned by organizations, such as the 
        International Olympic Committee, the United States Olympic 
        Committee, the National Collegiate Athletic Association, the 
        National Football League, the National Basketball Association, 
        and Major League Baseball.
            (3) Research concentration.--In carrying out the program, 
        the Director shall--
                    (A) fund research on the detection of naturally-
                occurring steroids, such as testosterone, and other 
                testosterone precursors (e.g., androstendione), and 
                other substances, such as human growth hormone and 
                erythropoietin for which no tests are available but for 
                which there is evidence of abuse or abuse potential;
                    (B) fund research that focuses on population 
                studies to ensure that tests are accurate for men, 
                women, all relevant age, and major ethnic groups; and
                    (C) not fund research on drugs of abuse, such as 
                cocaine, phencyclidine, marijuana, morphine/codeine, 
                benzodiazepines, barbiturates, and methamphetamine/
                amphetamine.
    (c) Technical and Scientific Peer Review.--
            (1) In general.--The Director shall establish appropriate 
        technical and scientific peer review procedures for evaluating 
        applications for grants under the program.
            (2) Implementation.--The Director shall--
                    (A) ensure that grant applicants meet a set of 
                minimum criteria before receiving consideration for an 
                award under the program;
                    (B) give preference to laboratories with an 
                established record of athletic drug testing analysis; 
                and
                    (C) establish a minimum individual grant award of 
                not less than $500,000 per fiscal year.
            (3) Criteria.--The list of minimum criteria shall include 
        requirements that each applicant--
                    (A) demonstrate a record of publication and 
                research in the area of athletic drug testing;
                    (B) provide a plan detailing the direct 
                transference of the research findings to lab 
                applications in athletic drug testing; and
                    (C) certify that it is a not-for-profit research 
                program.
            (4) Results.--The Director also shall establish appropriate 
        technical and scientific peer review procedures for evaluating 
        the results of research funded, in part or in whole, by grants 
        provided under the program. Each review conducted under this 
        paragraph shall include a written report of findings and, if 
        appropriate, recommendations prepared by the reviewer. The 
        reviewer shall provide a copy of the report to the Director 
        within 30 days after the conclusion of the review.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Director of the National Institute of Standards and 
Technology $4,000,000 per fiscal year to carry out this section for 
fiscal years 2002, 2003, 2004, 2005, and 2006.

SEC. 103. PREVENTION AND INTERVENTION PROGRAMS.

    (a) In General.--The Director of the National Institute of 
Standards and Technology shall develop a grant program to fund 
educational substance abuse prevention and intervention programs 
related to the use of performance-enhancing substances described in 
section 102(b)(2) by high school and college student athletes. The 
Director shall establish a set of minimum criteria for applicants to 
receive consideration for an award under the program. The list of 
minimum criteria shall include requirements that each applicant--
            (1) propose an intervention and prevention program based on 
        methodologically sound evaluation with evidence of drug 
        prevention efficacy; and
            (2) demonstrate a record of publication and research in the 
        area of athletic drug use prevention.
    (b) Minimum Grant Award.--The Director shall establish a minimum 
individual grant award of not less than $300,000 per fiscal year.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Director of the National Institute of Standards and 
Technology $3,000,000 per fiscal year to carry out this section for 
fiscal years 2002, 2003, 2004, 2005, and 2006.

                           TITLE II--GAMBLING

SEC. 201. PROHIBITION ON GAMBLING ON COMPETITIVE GAMES INVOLVING HIGH 
              SCHOOL AND COLLEGE ATHLETES AND THE OLYMPICS.

    (a) In General.--The Ted Stevens Olympic and Amateur Sports Act 
(chapter 2205 of title 36, United States Code) is amended by adding at 
the end the following new subchapter:

                    ``SUBCHAPTER III--MISCELLANEOUS

``Sec. 220541. Unlawful sports gambling: Olympics; high school and 
              college athletes
    ``(a) Prohibition.--It shall be unlawful for--
            ``(1) a governmental entity to sponsor, operate, advertise, 
        promote, license, or authorize by law or compact, or
            ``(2) a person to sponsor, operate, advertise, or promote, 
        pursuant to law or compact of a governmental entity,
a lottery, sweepstakes, or other betting, gambling, or wagering scheme 
based, directly or indirectly, on a competitive game or performance 
described in subsection (b).
    ``(b) Covered Games and Performances.--A competitive game or 
performance described in this subsection is the following:
            ``(1) One or more competitive games at the Summer or Winter 
        Olympics.
            ``(2) One or more competitive games in which high school or 
        college athletes participate.
            ``(3) One or more performances of high school or college 
        athletes in a competitive game.
    ``(c) Applicability.--
            ``(1) In general.--The prohibition in subsection (a) 
        applies to activity described in that subsection without regard 
        to whether the activity would otherwise be permitted under 
        subsection (a) or (b) of 3704 of title 28.
            ``(2) Exception.--The prohibition in subsection (a) shall 
        not apply to activity otherwise described in that subsection if 
        all of the monies paid by the participants, as an entry fee or 
        otherwise, are paid out to winning participants.
    ``(d) Injunctions.--A civil action to enjoin a violation of 
subsection (a) may be commenced in an appropriate district court of the 
United States by the Attorney General of the United States, a local 
educational agency, college, or sports organization, including an 
amateur sports organization or the corporation, whose competitive game 
is alleged to be the basis of such violation.
    ``(e) Gambling Enforcement Information and Policies.--
            ``(1) Gambling information.--Each college submitting an 
        annual report on information on criminal offenses under 
        paragraph (1)(F) of section 485(f) of the Higher Education Act 
        of 1965 (20 U.S.C. 1092(f)) shall include in each such report 
        statistics and other information on the occurrence of illegal 
        gambling, including gambling over the Internet, at such 
        college.
            ``(2) Policy on gambling activity.--Each college submitting 
        an annual statement of policy on alcoholic beverages and 
        underage drinking under paragraph (1)(H) of section 485(f) of 
        the Higher Education Act of 1965 shall include in each such 
        report a statement of policy regarding underage and other 
        illegal gambling activity at such college, including a 
        description of any gambling abuse education programs available 
        to students and employees of such college.
            ``(3) Periodic review.--Notwithstanding paragraph (2) of 
        section 485(f) of the Higher Education Act of 1965, the 
        Attorney General shall, in consultation with the Secretary of 
        Education, periodically review the policies, procedures, and 
        practices of colleges with respect to campus crimes and 
        security related directly or indirectly to illegal gambling, 
        including with respect to the integrity of the athletics 
        contests in which students of colleges participate.
    ``<DELETED>(e) </DELETED>(f) Definitions.--In this section:
            ``(1) High school.--The term `high school' has the meaning 
        given the term `secondary school' in section 14101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        8801).
            ``(2) College.--The term `college' has the meaning given 
        the term `institution of higher education' in section 101 of 
        the Higher Education Act of 1965 (20 U.S.C. 8801).
            ``(3) Local educational agency.--The term `local 
        educational agency' has the meaning given that term in section 
        14101 of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 8801).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
that Act (chapter 2205 of title 36, United States Code) is amended by 
adding at the end the following:

                    ``SUBCHAPTER III--MISCELLANEOUS

``220541. Unlawful sports gambling: Olympics; high school and college 
                            athletes.''.

SEC. 202. JUDICIAL REVIEW.

    (a) Expedited Review.--Any person adversely affected by section 
220541 of title 36, United States Code, as added by section 201, may 
bring an action, in the United States District Court for the District 
of Columbia, for declaratory judgment and injunctive relief on the 
ground that such section 220541 violates the Constitution.
    (b) Appeal to Supreme Court.--Notwithstanding any other provision 
of law, any order of the United States District Court for the District 
of Columbia granting or denying an injunction regarding, or finally 
disposing of, an action brought under subsection (a) shall be 
reviewable by appeal directly to the Supreme Court of the United 
States. Any such appeal shall be taken by a notice of appeal filed 
within 10 calendar days after such order is entered; and the 
jurisdictional statement shall be filed within 30 calendar days after 
such order is entered.
    (c) Expedited Consideration.--It shall be the duty of the District 
Court for the District of Columbia and the Supreme Court of the United 
States to advance on the docket and to expedite to the greatest 
possible extent the disposition of any matter brought under subsection 
(a).
    (d) Enforceability.--The enforcement of any provision of section 
220541 of title 36, United States Code, shall be stayed, and such 
section 220541 shall not be effective, for the period--
            (1) beginning on the date of the filing of an action under 
        subsection (a); and
            (2) ending on the date of the final disposition of such 
        action on its merits by the Supreme Court of the United States.
    (e) Applicability.--This section shall apply only with respect to 
any action filed under subsection (a) not later than 30 days after the 
effective date of this Act.

                      TITLE III--INTERNET GAMBLING

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Unlawful Internet Gambling Funding 
Prohibition Act''.

SEC. 302. FINDINGS.

    Congress makes the following findings:
            (1) Internet gambling is primarily funded through personal 
        use of bank instruments, including credit cards and wire 
        transfers.
            (2) The National Gambling Impact Study Commission in 1999 
        recommended the passage of legislation to prohibit wire 
        transfers to Internet gambling sites or the banks which 
        represent them.
            (3) Internet gambling is a major cause of debt collection 
        problems for insured depository institutions and the consumer 
        credit industry.
            (4) Internet gambling conducted through offshore 
        jurisdictions has been identified by United States law 
        enforcement officials as a significant money laundering 
        vulnerability.

SEC. 303. PROHIBITION ON ACCEPTANCE OF ANY BANK INSTRUMENT FOR UNLAWFUL 
              INTERNET GAMBLING.

    (a) In General.--No financial institution may knowingly accept, in 
connection with the participation of another person in unlawful 
Internet gambling--
            (1) credit, or the proceeds of credit, extended to or on 
        behalf of such other person (including credit extended through 
        the use of a credit card); or
            (2) the proceeds of any other form of financial transaction 
        as the Secretary may prescribe by regulation which involves a 
        financial institution as a payor or financial intermediary on 
        behalf of or for the benefit of the other person.
    (b) Definitions.--In this section:
            (1) Bets or wagers.--The term ``bets or wagers'' means the 
        staking or risking by any person of something of value upon the 
        outcome of a contest of others, a sporting event, or a game 
        predominantly subject to chance, upon an agreement or 
        understanding that the person or another person will receive 
        something of greater value than the amount staked or risked in 
        the event of a certain outcome.
            (2) Internet.--The term ``Internet'' means the 
        international computer network of interoperable packet switched 
        data networks.
            (3) Unlawful internet gambling.--
                    (A) In general.--The term ``unlawful Internet 
                gambling'' means to place, receive, or otherwise make a 
                bet or wager by any means which involves the use, at 
                least in part, of the Internet where such bet or wager 
                is unlawful under any applicable Federal or State law 
                in the State in which the bet or wager is initiated, 
                received, or otherwise made.
                    (B) Indian tribes.--Notwithstanding subparagraph 
                (A), an Indian tribe may conduct Class III Internet 
                gambling pursuant to a tribal-State compact.
            (4) Other terms.--
                    (A) Credit; creditor; and credit card.--The terms 
                ``credit'', ``creditor'', and ``credit card'' have the 
                meanings given such terms in section 103 of the Truth 
                in Lending Act (15 U.S.C. 1602).
                    (B) Electronic fund transfer.--The term 
                ``electronic fund transfer''--
                            (i) has the meaning given such term in 
                        section 903(6) of the Electronic Fund Transfer 
                        Act (15 U.S.C. 1693a(6)); and
                            (ii) includes any fund transfer covered by 
                        Article 4 of the Uniform Commercial Code, as in 
                        effect in any State.
                    (C) Financial institution.--The term ``financial 
                institution'' has the meaning given such term in 
                section 903(8) of the Electronic Fund Transfer Act (15 
                U.S.C. 1693a(8)).
                    (D) Money transmitting business and money 
                transmitting service.--The terms ``money transmitting 
                business'' and ``money transmitting service'' have the 
                meanings given such terms in section 5330(d) of title 
                31, United States Code.
                    (E) Secretary.--The term ``Secretary'' means the 
                Secretary of the Treasury.
    (c) Civil Remedies.--
            (1) Jurisdiction.--The district courts of the United States 
        shall have original and exclusive jurisdiction to prevent and 
        restrain violations of this section by issuing appropriate 
        orders in accordance with this section, regardless of whether a 
        prosecution has been initiated under this section.
            (2) Proceedings.--
                    (A) Institution by federal government.--
                            (i) In general.--The United States, acting 
                        through the Attorney General, may institute 
                        proceedings under this subsection to prevent or 
                        restrain a violation of this section.
                            (ii) Relief.--Upon application of the 
                        United States under this subparagraph, the 
                        district court may enter a preliminary 
                        injunction or an injunction against any person 
                        to prevent or restrain a violation of 
this section, in accordance with Rule 65 of the Federal Rules of Civil 
Procedure.
                    (B) Institution by state attorney general.--
                            (i) In general.--The attorney general of a 
                        State (or other appropriate State official) in 
                        which a violation of this section allegedly has 
                        occurred or will occur may institute 
                        proceedings under this subsection to prevent or 
                        restrain the violation.
                            (ii) Relief.--Upon application of the 
                        attorney general (or other appropriate State 
                        official) of an affected State under this 
                        subparagraph, the district court may enter a 
                        preliminary injunction or an injunction against 
                        any person to prevent or restrain a violation 
                        of this section, in accordance with Rule 65 of 
                        the Federal Rules of Civil Procedure.
                    (C) Indian lands.--Notwithstanding subparagraphs 
                (A) and (B), for a violation that is alleged to have 
                occurred, or may occur, on Indian lands (as that term 
                is defined in section 4(4) of the Indian Gaming 
                Regulatory Act (25 U.S.C. 2703(4)))--
                            (i) the United States shall have the 
                        enforcement authority provided under 
                        subparagraph (A); and
                            (ii) the enforcement authorities specified 
                        in an applicable Tribal-State compact 
                        negotiated under section 11 of the Indian 
                        Gaming Regulatory Act (25 U.S.C. 2710) shall be 
                        carried out in accordance with that compact.
            (3) Expedited proceedings.--
                    (A) In general.--In addition to any proceeding 
                under paragraph (2), a district court may, in exigent 
                circumstances, enter a temporary restraining order 
                against a person alleged to be in violation of this 
                section upon application of the United States under 
                paragraph (2)(A), or the attorney general (or other 
                appropriate State official) of an affected State under 
                paragraph (2)(B), in accordance with Rule 65(b) of the 
                Federal Rules of Civil Procedure.
    (d) Criminal Penalty.--
            (1) In general.--Whoever violates this section shall be 
        fined under title 18, United States Code, imprisoned for not 
        more than 5 years, or both.
            (2) Permanent injunction.--Upon conviction of a person 
        under this subsection, the court may enter a permanent 
        injunction enjoining such person from placing, receiving, or 
        otherwise making bets or wagers or sending, receiving, or 
        inviting information assisting in the placing of bets or 
        wagers.
    (e) Safe Harbor for Financial Intermediaries.--
            (1) In general.--No creditor, credit card issuer, financial 
        institution, operator of a terminal at which an electronic fund 
        transfer may be initiated, money transmitting business, or 
        national, regional, or local network utilized to effect a 
        credit transaction, electronic fund transfer, or money 
        transmitting service shall be liable under this section for the 
        involvement of such person, or the use of the facilities of 
        such person--
                    (A) in any credit transaction, electronic fund 
                transfer, or money transmitting service described in 
                subsection (a); or
                    (B) in drawing, paying, transferring, or collecting 
                any check, draft, or other instrument described in 
                subsection (a) or in any regulation prescribed under 
                such subsection.
            (2) Exception for knowing participation in a gambling 
        business.--Paragraph (1) shall not apply with respect to any 
        person referred to in such paragraph which is a gambling 
        business or which knowingly participates in any activity 
        referred to in subparagraph (A) or (B) of such paragraph as an 
        agent or representative of a gambling business.

SEC. 304. ENFORCEMENT ACTIONS.

    Section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818) is 
amended by adding at the end the following new subsection:
    ``(x) Depository Institution Involvement in Internet Gambling.--
Notwithstanding section 303(e) of the Unlawful Internet Gambling 
Funding Prohibition Act, if any appropriate Federal banking agency 
determines that any insured depository institution is engaged in any of 
the following activities, the agency may issue an order to such 
institution prohibiting such institution from continuing to engage in 
any of the following activities:
            ``(1) Extending credit, or facilitating an extension of 
        credit, electronic fund transfer, or money transmitting service 
        with the actual knowledge that any person is violating section 
        303(a) of the Unlawful Internet Gambling Funding Prohibition 
        Act in connection with such extension of credit, electronic 
        fund transfer, or money transmitting service.
            ``(2) Paying, transferring, or collecting on any check, 
        draft, or other instrument drawn on any depository institution 
        with the actual knowledge that any person is violating section 
        303(a) of the Unlawful Internet Gambling Funding Prohibition 
        Act in connection with such check, draft, or other 
        instrument.''.

SEC. 305. MONITORING BY INSTITUTIONS OF HIGHER EDUCATION OF 
              TRANSMISSIONS OF WAGERING INFORMATION THROUGH THE 
              INTERNET.

    (a) In General.--The Child Online Protection Act (47 U.S.C. 231 
note) is amended--
            (1) by inserting before section 1401 the following:

``SUBTITLE A--GENERAL PROVISIONS'' ; and
            (2) by adding at the end the following:

         ``SUBTITLE B--MONITORING OF USE OF INTERNET FACILITIES

``SEC. 1411. HIGHER EDUCATION INSTITUTIONS TO MONITOR INTERNET USE.

    ``Each institution of higher education (as defined in section 101 
of the Higher Education Act of 1965 (20 U.S.C. 1001) shall monitor the 
use of the wire communications facilities of that institution for 
purposes of detecting the use of those facilities for transmissions 
described in section 1084(a) of title 18, United States Code.

``SEC. 1412. ENFORCEMENT.

    ``Any institution of higher education that fails to monitor the use 
of its wire communications facilities as required by section 1411 
during any academic year is, notwithstanding any provision of law to 
the contrary, ineligible for Federal education funding for the 
succeeding academic year.''.
    (b) Effective Date.--The amendments made by subsection (a) take 
effect 1 year after the date of enactment of this Act and apply with 
respect to academic years beginning on or after that date.

SEC. 306. SAVINGS CLAUSE.

    Nothing in this title shall be construed to alter, affect, or waive 
any existing rights of Indian tribes pursuant to the Indian Gaming 
Regulatory Act 25 U.S.C. 2701 et seq.).




                                                        Calendar No. 41

107th CONGRESS

  1st Session

                                 S. 718

                          [Report No. 107-16]

_______________________________________________________________________

                                 A BILL

    To direct the National Institute of Standards and Technology to 
  establish a program to support research and training in methods of 
 detecting the use of performance-enhancing drugs by athletes, and for 
                            other purposes.

_______________________________________________________________________

                              May 14, 2001

                      Reported with amendmentsD23/