[House Report 116-548]
[From the U.S. Government Publishing Office]


116th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {      116-548

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



 
      UNITED STATES ANTI-DOPING AGENCY REAUTHORIZATION ACT OF 2019

                                _______
                                

 September 29, 2020.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Pallone, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 5373]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 5373) to reauthorize the United States Anti-
Doping Agency, and for other purposes, having considered the 
same, reports favorably thereon with an amendment and 
recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................2
 II. Background and Need for the Legislation..........................3
III. Committee Hearings...............................................4
 IV. Committee Consideration..........................................4
  V. Committee Votes..................................................4
 VI. Oversight Findings...............................................4
VII. New Budget Authority, Entitlement Authority, and Tax Expenditures5
VIII.Federal Mandates Statement.......................................5

 IX. Statement of General Performance Goals and Objectives............5
  X. Duplication of Federal Programs..................................5
 XI. Committee Cost Estimate..........................................5
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits......5
XIII.Advisory Committee Statement.....................................5

XIV. Applicability to Legislative Branch..............................6
 XV. Section-by-Section Analysis of the Legislation...................6
XVI. Changes in Existing Law Made by the Bill, as Reported............6

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``United States Anti-Doping Agency 
Reauthorization Act of 2020''.

SEC. 2. PROMOTION OF YOUTH SPORTS.

  Section 701(b) of the Office of National Drug Control Policy 
Reauthorization Act of 2006 (21 U.S.C. 2001(b)) is amended--
          (1) in paragraph (4), by striking the period at the end and 
        inserting ``; and''; and
          (2) by adding at the end the following:
          ``(5) promote a positive youth sport experience by using a 
        portion of its funding to provide educational materials on 
        sportsmanship, character building, and healthy performance for 
        athletes, parents, and coaches participating in youth 
        sports.''.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

  Section 703 of the Office of National Drug Control Policy 
Reauthorization Act of 2006 (21 U.S.C. 2003) is amended to read as 
follows:

``SEC. 703. AUTHORIZATION OF APPROPRIATIONS.

  ``There are authorized to be appropriated to the United States Anti-
Doping Agency--
          ``(1) for fiscal year 2021, $15,500,000;
          ``(2) for fiscal year 2022, $16,200,000;
          ``(3) for fiscal year 2023, $16,900,000;
          ``(4) for fiscal year 2024, $17,700,000;
          ``(5) for fiscal year 2025, $18,500,000;
          ``(6) for fiscal year 2026, $21,900,000;
          ``(7) for fiscal year 2027, $22,800,000;
          ``(8) for fiscal year 2028, $24,900,000; and
          ``(9) for fiscal year 2029, $23,700,000.''.

SEC. 4. COORDINATION AND SHARING OF INFORMATION WITH USADA.

  (a) Information Sharing.--Except as otherwise prohibited by law and 
except in cases in which the integrity of a criminal investigation 
would be affected, in furtherance of the obligation of the United 
States under Article 7 of the Convention, the Attorney General, the 
Secretary of Homeland Security, and the Commissioner of Food and Drugs 
shall coordinate with the United States Anti-Doping Agency with regard 
to any effort to prevent the use of performance-enhancing drugs or 
prohibit performance-enhancing methods by sharing with the United 
States Anti-Doping Agency all information which may be relevant to 
preventing the use of such performance-enhancing drugs or prohibiting 
such performance-enhancing methods.
  (b) Convention Defined.--In this section, the term ``Convention'' 
means the United Nations Educational, Scientific, and Cultural 
Organization International Convention Against Doping in Sport done at 
Paris October 19, 2005, and ratified by the United States in 2008.

                         I. Purpose and Summary

    H.R. 5373, the ``United States Anti-Doping Agency 
Reauthorization Act of 2020'', was introduced by 
Representatives Mike Thompson (D-CA), Bill Johnson (R-OH), and 
Diana DeGette (D-CO) on December 9, 2019. This legislation 
reauthorizes the U.S. Anti-Doping Agency (USADA), the entity 
charged with administering anti-doping programs for certain 
sports in the United States. In anticipation of hosting the 
2028 Olympics in Los Angeles, this bill steadily increases the 
authorization past the Olympic year through fiscal year (FY) 
2029. The bill would direct USADA to promote positive youth 
sports experiences by using a portion of its funding to provide 
educational materials on sportsmanship, character building, and 
healthy performance for those participating in youth sports. It 
would also direct the Department of Justice, the Department of 
Homeland Security, and the Food and Drug Administration to 
coordinate with USADA on efforts to prevent the use of 
performance-enhancing drugs or prohibit performance-enhancing 
methods by sharing all information in their possession that may 
be relevant to preventing the use of such drugs or prohibiting 
such methods.

              II. Background and Need for the Legislation

    USADA is the national anti-doping organization in the 
United States for Olympic, Paralympic, Pan American, and 
Parapan American sports.\1\ USADA was established as an 
independent body in 2000 and given authority by Congress to 
manage a comprehensive anti-doping program.\2\ The agency's 
programming includes in-competition and out-of-competition 
testing, results management processes, drug reference 
resources, and athlete education for all United States Olympic 
and Paralympic Committee recognized sport national governing 
bodies, their athletes, and events.\3\ Since 2000, USADA has 
conducted approximately 175,000 drug tests on athletes.\4\ Four 
time Olympian Lowell Baily emphasized the importance of 
antidoping policies, saying, ``if you take away the fairness 
and it becomes a rigged game, you lose the integrity of the 
sport . . . you lost the trust of the fans, and in the end, 
everyone loses, including athletes who cheated.''\5\
---------------------------------------------------------------------------
    \1\U.S. Anti-Doping Agency, About USADA (www.usada.org/about/) 
(accessed September 16, 2020).
    \2\21 U.S.C. 2001.
    \3\Id.
    \4\House Committee on Energy and Commerce, Testimony of Travis T. 
Tygart, Chief Executive Officers, United States Anti-Doping Agency. 
(July 29, 2020).
    \5\United States Anti-Doping Agency, Choose USADA: Why Clean Sport 
Matters (www.usada.org/choose-usada/choose-usada-why-clean-sport-
matters/) (accessed September 16, 2020).
---------------------------------------------------------------------------
    Through the agency's TrueSport program, USADA works to 
educate young athletes and promote positive youth sport 
experiences.\6\ Dr. Deborah Gilboa, an expert in the TrueSport 
program, said the program, ``[enables] generations of young 
athletes to grow their resilience and life skills by learning 
to use every experience--including stress and failure--as a 
path to success.''\7\ Another expert, Dr. Kevin Chapman, said, 
``[a]s a former collegiate athlete and psychologist who works 
with athletes, teaching families the importance of regulating 
strong emotions and how to compete with integrity is 
paramount.''\8\ He also said USADA's TrueSport program is 
``helping young athletes navigate the psychosocial challenges 
that come with competition.''\9\ According to USADA, the 
TrueSport Partner program has reached more than 13 million 
individuals since its inception in 2017.\10\ The organization 
also engages with other national anti-doping organizations 
globally to advocate for integrity in sport on behalf of clean 
athletes. USADA's authorization expires at the end of FY 2020.
---------------------------------------------------------------------------
    \6\U.S. Anti-Doping Agency, TrueSport (www.usada.org/choose-usada/
choose-usadatruesport) (accessed September 16, 2020).
    \7\U.S. Anti-Doping Agency, TrueSport Launches Expert Program to 
Enrich Research-Based Youth Sport Initiative (http://truesport.org/
truesport-launches-expert-program-to-enrich-research-based-youth-sport-
initiative/) (accessed September 16, 2020).
    \8\Id.
    \9\Id.
    \10\See note 3.
---------------------------------------------------------------------------
    H.R. 5373 would extend USADA's authorization to continue 
this work and would direct the agency to promote positive youth 
sports experiences through educational materials for athletes, 
parents, and coaches on sportsmanship, character building, and 
healthy performance. The bill would also enable USADA to work 
with other partner agencies in the United States to prevent the 
use of performance-enhancing drugs or prohibit performance-
enhancing methods.

                        III. Committee Hearings

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress, the following hearing was used to develop or 
consider H.R. 5373 and four other pieces of legislation:
    The Subcommittee on Health held a legislative hearing on 
July 29, 2020, entitled, ``Improving Access to Care: 
Legislation to Reauthorize Key Public Health Programst,'' to 
consider H.R. 5373, the ``United States Anti-Doping Agency 
Reauthorization Act of 2020''. The Subcommittee received 
testimony from the following witnesses:
           Robert Boyd, M.C.R.P., M.Div., President, 
        School-Based Health Alliance;
           Linda Goler Blount, M.P.H., President and 
        CEO, Black Women's Health Imperative;
           Nancy Goodman, M.P.P., J.D., Founder and 
        Executive Director, Kids v. Cancer;
           Aaron Seth Kesselheim, M.D., J.D., M.P.H., 
        Professor of Medicine, Harvard Medical School;
           Brian Lindberg, Chief Legal Officer and 
        General Counsel, National Bone Marrow Donor Program; 
        and
           Travis T. Tygart, Chief Executive Officer, 
        U.S. Anti-Doping Agency

                      IV. Committee Consideration

    Representatives Thompson (D-CA), Johnson (R-OH), and 
DeGette (D-CO) introduced H.R. 5373, the ``United States Anti-
Doping Agency Reauthorization Act of 2020'', on December 9, 
2019, and the bill was referred to the Committee on Energy and 
Commerce. H.R. 5373 was then referred to the Subcommittee on 
Health on December 10, 2019. A legislative hearing was held on 
the bill on July 29, 2020.
    On September 9, 2020, H.R. 5373 was discharged from further 
consideration by the Subcommittee on Health as it was called up 
for markup by the full Committee on Energy and Commerce. The 
full Committee met in virtual open markup session on September 
9, 2020, pursuant to notice, to consider H.R. 5373. During 
consideration of the bill, an amendment in the nature of a 
substitute offered by Ms. DeGette of Colorado was agreed to by 
a voice vote. At the conclusion of markup of the bill, Mr. 
Pallone, Chairman of the committee, moved that H.R. 5373 be 
ordered reported favorably to the House, amended. The Pallone 
motion on final passage was agreed to by the Committee by a 
voice vote, a quorum being present.

                           V. Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list each record vote 
on the motion to report legislation and amendments thereto. The 
Committee advises that there were no record votes taken on H.R. 
5373, including the motion for final passage of the bill.

                         VI. Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, the 
oversight findings and recommendations of the Committee are 
reflected in the descriptive portion of the report.

 VII. New Budget Authority, Entitlement Authority, and Tax Expenditures

    Pursuant to 3(c)(2) of rule XIII of the Rules of the House 
of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.

                    VIII. Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

       IX. Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to 
reauthorize the United States Anti-Doping Agency through FY2029 
and for other purposes.

                   X. Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 5373 is known to be duplicative of another Federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

                      XI. Committee Cost Estimate

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974.

    XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 5373 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                   XIII. Advisory Committee Statement

    No advisory committee within the meaning of section 5(b) of 
the Federal Advisory Committee Act was created by this 
legislation.

                XIV. Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

           XV. Section-by-Section Analysis of the Legislation


Section 1. Short title

    Section 1 designates that the short title may be cited as 
the ``United States Anti-Doping Agency Reauthorization Act of 
2020''.

Sec. 2. Promotion of youth sports

    Section 2 amends the Office of National Drug Control Policy 
Reauthorization Act of 2006 to direct USADA to promote a 
positive youth sport experience by using a portion of its 
funding to provide educational materials on sportsmanship, 
character building, and healthy performance for athletes, 
parents, and coaches.

Sec. 3. Authorization of Appropriations

    Section 3 amends the Office of National Drug Control Policy 
Reauthorization Act of 2006 to provide for an increase in the 
authorization of appropriations for USADA beginning at 
$15,500,000 in FY 2021 and ending in FY 2029 with an 
authorization level of $23,700,000. The authorization peaks in 
FY 2028 at $24,900,000 to account for the Olympics in Los 
Angeles.

Sec. 4. Coordination and sharing of information with USADA

    To satisfy an obligation under the United Nations 
Educational, Scientific, and Cultural Organization 
International Convention Against Doping in Sport, subsection 
(a) of section 4 directs the Attorney General, Secretary of 
Homeland Security, and the Commissioner of Food and Drugs to 
coordinate and share information with USADA regarding efforts 
to prevent the use of performance-enhancing drugs or prohibit 
performance-enhancing methods, except in cases otherwise 
prohibited by law or a criminal investigation.
    Subsection (b) of section 4 defines the ``Convention'' as 
the United Nations Educational, Scientific, and Cultural 
Organization International Convention Against Doping in Sport 
ratified by the United States in 2008.

       XVI. Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, 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 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

   OFFICE OF NATIONAL DRUG CONTROL POLICY REAUTHORIZATION ACT OF 2006




           *       *       *       *       *       *       *
                     TITLE VII--ANTI-DOPING AGENCY

SEC. 701. DESIGNATION OF UNITED STATES ANTI-DOPING AGENCY.

  (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)).
  (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 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 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 by United States amateur athletes of 
        performance-enhancing drugs or prohibited performance-
        enhancing methods adopted by the Agency[.]; and
          (5) promote a positive youth sport experience by 
        using a portion of its funding to provide educational 
        materials on sportsmanship, character building, and 
        healthy performance for athletes, parents, and coaches 
        participating in youth sports.

           *       *       *       *       *       *       *


[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) or fiscal year 2020, $14,800,000.]

SEC. 703. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to the United States 
Anti-Doping Agency--
          (1) for fiscal year 2021, $15,500,000;
          (2) for fiscal year 2022, $16,200,000;
          (3) for fiscal year 2023, $16,900,000;
          (4) for fiscal year 2024, $17,700,000;
          (5) for fiscal year 2025, $18,500,000;
          (6) for fiscal year 2026, $21,900,000;
          (7) for fiscal year 2027, $22,800,000;
          (8) for fiscal year 2028, $24,900,000; and
          (9) for fiscal year 2029, $23,700,000.

           *       *       *       *       *       *       *


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