[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/