[Congressional Record (Bound Edition), Volume 150 (2004), Part 7]
[Senate]
[Pages 8722-8723]
[From the U.S. Government Publishing Office, www.gpo.gov]




AUTHORIZING DOCUMENT PRODUCTION BY COMMITTEE ON COMMERCE, SCIENCE, AND 
                             TRANSPORTATION

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. Res. 355 which was 
submitted earlier today.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The legislative clerk read as follows:

       A resolution (S. Res. 355) to authorize the production of 
     records by the Committee on Commerce, Science, and 
     Transportation.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. FRIST. Mr. President, the Committee on Commerce, Science, and 
Transportation has been conducting an oversight inquiry triggered by 
press reports and court records suggesting that United States Olympic 
sport athletes may have used banned performance-enhancing drugs without 
detection. As part of its inquiry, the committee obtained by subpoena 
documents from a federal criminal investigation regarding the alleged 
sale and distribution of such drugs to U.S. Olympic sport athletes.
  After conducting a confidential review of the subpoenaed records, the 
committee held a closed hearing on May 5, 2004, to explore whether 
current U.S. Olympic sport athlete drug-testing policies, resources, 
and authority are sufficient to deter such athletes from using banned 
performance-enhancing drugs. The committee specifically considered the 
implications of the potential participation in this summer's Olympic 
Games of U.S. Olympic sport athletes who may have used banned 
performance-enhancing drugs. Representatives of the United States 
Olympic Committee and of the United States Anti-Doping Agency testified 
at the committee's hearing.
  Both organizations have requested that the committee share the 
confidential records it received in the course of its inquiry with the 
U.S. Anti-Doping Agency, which is the independent agency that enforces 
anti-doping rules for the U.S. Olympic Committee and the Olympic sport 
federations. Both organizations have advised the committee that they 
view it as critical to the credibility and reputation of American sport 
that the U.S. Anti-Doping Agency obtain timely access to these records 
to enable it to use them as evidence, if justified, in disciplinary 
proceedings prior to the selection of the U.S. Olympic team that will 
compete in the 2004 Summer Olympic Games in Athens, Greece.
  This resolution would authorize the chairman and ranking member of 
the Commerce Committee, acting jointly, to provide documents from the 
committee's inquiry to the U.S. Anti-Doping Agency in response to these 
requests.
  Mr. FRIST. Mr. President, I ask unanimous consent that the resolution 
be agreed to, the preamble be agreed to, the motion to reconsider be 
laid upon the table, and that any statements relating to this matter be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 355) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 355

       Whereas, the Committee on Commerce, Science, and 
     Transportation has been conducting an inquiry into the 
     potential use of banned performance-enhancing drugs by U.S. 
     Olympic sport athletes;
       Whereas, the Committee has received requests from both the 
     U.S. Olympic Committee and the U.S. Anti-Doping Agency that 
     the latter gain access to records of the Committee's inquiry;
       Whereas, by the privileges of the Senate of the United 
     States and Rule XI of the Standing Rules of the Senate, no 
     evidence under

[[Page 8723]]

     the control or in the possession of the Senate can, by 
     administrative or judicial process, be taken from such 
     control or possession but by permission of the Senate; and
       Whereas, when it appears that evidence under the control or 
     in the possession of the Senate is needed for the promotion 
     of justice, the Senate will take such action as will promote 
     the ends of justice consistent with the privileges of the 
     Senate: Now, therefore, be it
       Resolved, That the Chairman and Ranking Minority Member of 
     the Committee on Commerce, Science, and Transportation, 
     acting jointly, are authorized to provide to the U.S. Anti-
     Doping Agency the documents subpoenaed by the Committee 
     regarding the potential use of banned performance-enhancing 
     drugs by U.S. Olympic sport athletes.

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