[Congressional Record Volume 149, Number 66 (Tuesday, May 6, 2003)]
[Senate]
[Pages S5784-S5786]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN (for himself, Mr. Brownback, Mr. Edwards, and Mr. 
        Graham of South Carolina):
  S. 1002. 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; to the Committee on Commerce, 
Science, and Transportation.
  Mr. McCAIN. Mr. President, today, I am joined by my colleagues 
Senators Brownback, Edwards and Graham in introducing the Amateur 
Sports Integrity Act of 2003. This legislation would make it illegal to 
gamble on Olympic, college, or high school sports, and it would 
authorize appropriations for the National Institute of Standards and 
Technology to fund research into methods of detection and prevention of 
the use athletic performance-enhancing drugs. The bill is similar to 
legislation that has been reported twice in previous Congresses.
  The legislation is designed to respond to a number of troubling 
issues plaguing amateur athletics, including a gambling epidemic among 
high school and college students, and a significant increase among our 
youth in the use of performance-enhancing drugs and supplements. This 
bill is essential to ensuring the integrity and legitimacy of amateur 
athletics--an important institution in the social fabric of this 
country.
  This bill would codify a recommendation made by the congressionally-
created National Gambling Impact Study Commission, NGISC, to ban 
betting on collegiate and amateur athletic events. In the summary of 
its comprehensive report to Congress dated June 1999, the NGISC noted 
growing concern regarding increasing levels of sports wagering by high 
school and college students. The NGISC cites a 1996 study sponsored by 
the National Collegiate Athletic Association, which found that of the 
over

[[Page S5785]]

200 student athletes surveyed in Division I basketball and football 
programs, more than one in four admitted to betting on college sports 
while in school.
  More recently, a study conducted by the Psychology Department of 
Central Connecticut State University contends that the problem of 
gambling among college students has been relatively overlooked when 
studying student risk-taking behavior. The study links legal and 
illegal gambling by indicating that, ``it is reasonable to expect that 
the growth of legalized gambling over the past decade would result in 
an increase in student gambling and gambling problems, including 
students who gamble at a pathological level.'' It is important to 
understand that gambling is not a problem that occurs in a vacuum. The 
Connecticut study found that one out of nine students at four 
Connecticut universities suffered from a gambling problem that was 
``significantly connected'' to substance and dietary problems, such as 
marijuana use, cigarette smoking, and binge eating and drinking.
  Just as the use of performance-enhancing drugs threatens the 
integrity of amateur sports, so does gambling, as it invites public 
speculation as to their legitimacy and transforms student athletes into 
merely objects to be bet upon. Betting can also provide unnecessary 
temptation to amateur athletes to agree to point-shaving and other 
outcome-fixing schemes at the expense of their teammates, their fans, 
and their futures. Many of the same pressures that lead college players 
to cheat also push these young people to use performance-enhancing 
drugs. The combination of stresses placed on student athletes to 
perform athletically, handle newly-found notoriety, and pursue 
professional athletic careers drive many to seek an edge through the 
use of such substances.
  Although the Amateur Sports Integrity Act would ban legal gambling on 
amateur athletics, it may also reduce a substantial amount of illegal 
gambling. The relationship between legal and illegal gambling was 
addressed by the NGISC, which observed that ``legal sports wagering--
especially the publication in the media of Las Vegas and offshore-
generated point spreads fuels a much larger amount of illegal sports 
wagering.''
  In 1992, Congress recognized the Federal interest in protecting 
amateur sports from the harmful effects of gambling, and prohibited 
state-sanctioned sports betting in the overwhelming majority of states. 
Although Congress ``grandfathered'' Nevada, Oregon, Montana, and 
Delaware, only Nevada has chosen to permit legal gambling on amateur 
sports. Recently, however, the gaming industry has lobbied aggressively 
in an effort to convince the Delaware State legislature to exploit the 
loophole by legalizing gambling on amateur and professional sports.
  Congress must act quickly to close the loophole that currently allows 
just a handful of States to serve as national clearinghouses for 
betting on our youth. By allowing betting in any state, we send a 
confusing message to our youth as to whether gambling on amateur 
athletics is, in fact, legal or illegal. While I do not pretend that 
this bill solves all problems associated with gambling and the use of 
performance-enhancing drugs, I do believe that it will send a clear 
message that gambling on amateur athletics and the use of these 
substances is dangerous and wrong.
  I urge my colleagues to respond to the pleas of prominent college 
presidents and coaches, and join in supporting this important measure.
  I ask unanimous consent that the text of this bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:
       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 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 2004, 2005, 2006, 
     2007, and 2008.

     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 2004, 2005, 2006, 
     2007, and 2008.

                           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. 22051. 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

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       ``(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.--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.
       ``(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) 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.''.
                                 ______