[Senate Report 116-301]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 594


116th Congress  }                                           {   Report
                                 SENATE                          
2d Session      }                                           {   116-301
_______________________________________________________________________

                      

                                                       

      UNITED STATES ANTI-DOPING AGENCY REAUTHORIZATION ACT OF 2020

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 3248






               November 17, 2020.--Ordered to be printed
               
               
                            ______

             U.S. GOVERNMENT PUBLISHING OFFICE 
 19-010               WASHINGTON : 2020                
               
               
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred sixteenth congress
                             second session

                 ROGER F. WICKER, Mississippi, Chairman
JOHN THUNE, South Dakota             MARIA CANTWELL, Washington
ROY BLUNT, Missouri                  AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas                      RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska                BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas                  EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska                 TOM UDALL, New Mexico
CORY GARDNER, Colorado               GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee          TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West Virginia  TAMMY DUCKWORTH, Illinois
MIKE LEE, Utah                       JON TESTER, Montana
RON JOHNSON, Wisconsin               KYRSTEN SINEMA, Arizona
TODD C. YOUNG, Indiana               JACKY ROSEN, Nevada
RICK SCOTT, Florida
                       John Keast, Staff Director
               David Strickland, Minority Staff Director
               
               

                                                       Calendar No. 594
                                                       
                                                       
116th Congress }                                               {   Report
                                 SENATE
 2d Session    }                                               {  116-301

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



 
      UNITED STATES ANTI-DOPING AGENCY REAUTHORIZATION ACT OF 2020

                                _______
                                

               November 17, 2020.--Ordered to be printed

                                _______
                                

       Mr. Wicker, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 3248]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 3248) to reauthorize the United 
States Anti-Doping Agency, and for other purposes, having 
considered the same, reports favorably thereon with amendments 
and recommends that the bill (as amended) do pass.

                          Purpose of the Bill

    The purpose of this bill is to reauthorize the United 
States Anti-Doping Agency (USADA) from fiscal year 2021 through 
fiscal year 2029. This bill would authorize additional funds to 
USADA, promote interagency cooperation, and extend USADA's 
mission to include the promotion of positive values in youth 
sport. Reauthorization would help ensure USADA has the tools 
and resources necessary to promote clean sport, at all ages and 
skill levels, through detecting and deterring the use of 
dangerous, banned performance-enhancing substances among 
athletes.

                          Background and Needs

    The U.S. Olympic and Paralympic Committee (USOPC) 
established USADA in 2000\1\ at the recommendation of a USOPC 
task force. The task force recommended the creation of an 
independent body to bring credibility to the anti-doping fight 
in the U.S. Olympic sports movement.\2\ Upon USADA's formation, 
it was governed by a Board of Directors, which consisted of 
nine members.\3\ Of those members, five came from outside the 
Olympic community and four were elected by the USOPC, the 
Athlete Advisory Council, and the National Governing Body 
Council.\4\ Today, USADA's board consists of 10 independent 
individuals who are reported to have no conflicts of interest 
with respect to USADA's mission and share the principles of the 
organization.\5\
---------------------------------------------------------------------------
    \1\U.S. Anti-Doping Agency, ``Independence & History,'' Mar. 27, 
2020 (https://www.usada.org/independence-history/) (accessed Aug. 21, 
2020).
    \2\Id.
    \3\Id.
    \4\Id.
    \5\Id.
---------------------------------------------------------------------------
    As the official anti-doping organization for all Olympic, 
Paralympic, Pan American and Parapan American sport events in 
the United States, USADA is also charged with managing a 
comprehensive national anti-doping program for all USOPC-
recognized sport national governing bodies, their athletes, and 
events.\6\ USADA's anti-doping program includes in-competition 
and out-of-competition testing, managing the results of drug 
testing, providing drug reference resources, and athlete 
education.\7\ Additionally, USADA contributes a portion of its 
budget to scientific research and education, as well as 
outreach initiatives focused on doping awareness and 
prevention.\8\ In 2018, USADA completed 6,607 drug tests and 
issued 36 sanctions.\9\
---------------------------------------------------------------------------
    \6\U.S. Anti-Doping Agency, ``About USADA: The Gold Standard in 
Anti-Doping'' (https://www.usada.org/about/) (accessed Aug. 21, 2020).
    \7\Id.
    \8\Id.
    \9\U.S. Anti-Doping Agency, U.S. Anti-Doping Agency, 2018 Annual 
Report, 2019 (https://www.usada.org/wp-content/uploads/2018-annual-
report-a.pdf) (accessed Aug. 21, 2020).
---------------------------------------------------------------------------
    Congress first funded--but did not authorize--USADA as the 
country's official anti-doping agency in 2002.\10\ While USADA 
has received government funding since its inception, it was 
first formally authorized in 2006 as part of the Office of 
National Drug Control Policy Reauthorization Act in the final 
weeks of the 109th Congress.\11\ USADA was last reauthorized by 
Congress in 2014.
---------------------------------------------------------------------------
    \10\Public Law 107-67, section 644.
    \11\S. Rep. 113-281, at 2 (2014).
---------------------------------------------------------------------------

                         Summary of Provisions

    S. 3248 reauthorizes USADA from fiscal years 2021 through 
2029. Additionally, this bill would extend USADA's authority to 
include the promotion of positive values in youth sport to help 
instill in young athletes the values of integrity, respect, 
teamwork, courage, and responsibility. S. 3248 also requires 
U.S. government officials, including the Attorney General, the 
Secretary of Homeland Security, and the Commissioner of Food 
and Drugs to provide USADA with any relevant information 
relating to the prevention of the use of performance-enhancing 
drugs or the prohibition of performance-enhancing methods.

                          Legislative History

    S. 3248, the United States Anti-Doping Agency 
Reauthorization Act of 2020, was introduced on February 3, 
2020, by Senator Moran (for himself and Senator Blumenthal) and 
was referred to the Committee on Commerce, Science, and 
Transportation of the Senate. On March 11, 2020, the Committee 
met in open Executive Session and, by voice vote, ordered the 
bill reported favorably with amendments.
    H.R. 5373, a companion bill to S. 3248, was introduced on 
December 9, 2019, by Representative Thompson [D-CA-5] (for 
himself and Representatives Johnson [R-OH-6] and DeGette [D-CO-
1]) and was referred to Committee on Energy and Commerce in the 
House of Representatives.

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:




    S. 3248 would authorize the appropriation of $175 million 
over the 2021-2029 period for the United States Anti-Doping 
Agency (USADA) to prevent the use of performance-enhancing 
drugs in Olympic sports. The bill also would require the 
Departments of Justice, Homeland Security, and Food and Drug 
Administration to coordinate with USADA on efforts to prevent 
the use of performance-enhancing drugs. Finally, the bill would 
require USADA to report on options to test horses for 
performance-enhancing drugs in the United States.
    Assuming the appropriation of the authorized amounts, CBO 
estimates that implementing S. 3248 would cost $83 million over 
the 2021-2025 period and $175 million over the 2021-2030 
period. For fiscal year 2020, USADA received an appropriation 
of $10 million.
    S. 3248 would impose private-sector mandates as defined in 
the Unfunded Mandates Reform Act (UMRA) on the USADA. The bill 
would require USADA to distribute educational materials to 
promote the positive values of youth sports and to report to 
the Congress on its capacity to implement an anti-doping and 
medication control program for horses. CBO estimates the cost 
of the mandate would not exceed the private-sector threshold 
established in UMRA ($168 million in 2020, adjusted annually 
for inflation).
    S. 3248 would not impose intergovernmental mandates as 
defined in UMRA.

                                     TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 3248
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     By fiscal year, millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2020   2021   2022   2023   2024   2025   2026   2027   2028   2029   2030  2020-2025  2020-2030
--------------------------------------------------------------------------------------------------------------------------------------------------------
Authorization........................................      0     16     16     17     18     19     20     22     25     24      0        85        175
Estimated Outlays....................................      0     14     16     17     18     18     20     22     25     24      1        83        175
--------------------------------------------------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding.

    On September 28, 2020, CBO transmitted a cost estimate for 
H.R. 5373, the United States Anti-Doping Agency Reauthorization 
Act, as ordered reported by the House Committee on Energy and 
Commerce on September 9, 2020. The two pieces of legislation 
are similar; the differences in CBO's estimates reflect 
differences in the specified authorizations in the two bills.
    The CBO staff contact for this estimate is Matthew Pickford 
(for federal costs) and Andrew Laughlin (for mandates). The 
estimate was reviewed by H. Samuel Papenfuss, Deputy Director 
of Budget Analysis.

                      Regulatory Impact Statement

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       number of persons covered

    S. 3248 would reauthorize USADA from fiscal years 2021 
through 2029. Although the bill requires certain government 
officials to share information with USADA pertaining to the 
prevention of the use of performance-enhancing drugs in sport, 
the bill would not authorize any new regulations and would not 
subject any individuals or businesses to new regulations.

                            economic impact

    S. 3248 would not have an adverse economic impact on the 
Nation. It is expected that USADA's continued efforts to ensure 
clean and competitive sport would benefit the economic 
activities associated with competitions.

                                privacy

    S. 3248 would not have any adverse impact on the personal 
privacy of individuals.

                               paperwork

    S. 3248 would not increase paperwork requirements for 
private individuals or businesses. The legislation may require 
reports or documentation by certain government officials to 
share information with USADA related to the prevention of the 
use of performance-enhancing drugs.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis


Section 1. Short title.

    This section would provide that the bill may be cited as 
the ``United States Anti-Doping Agency Reauthorization Act of 
2020''.

Section 2. Findings.

    This section recognizes USADA as the anti-doping 
organization of the United States and its efforts to advance 
clean sport. This section finds that participation in youth 
sports has the potential to equip young athletes with important 
skills and values necessary for success in life. Additionally, 
this section finds that by extending USADA's authority to 
include the promotion of the positive value of youth sport, 
Congress sends a strong signal that the goals of youth sport 
should include instilling in young athletes the values of 
integrity, respect, teamwork, courage, and responsibility. This 
section also recognizes the importance of increasing funding to 
USADA to fulfill its mission.

Section 3. Promotion of youth sports.

    This section would amend the Office of National Drug 
Control Policy Reauthorization of 2006 to extend USADA's 
authority to include the promotion of positive youth sport 
experiences. The amended language would direct USADA to use a 
portion of its funding for the TrueSport Program to promote a 
positive youth sport experience by providing educational 
materials on sportsmanship, character building, and healthy 
performance for the athletes, parents, and coaches who 
participate in youth sports.

Section 4. Authorization of appropriations.

    This section would amend section 703 of the Office of 
National Drug Control Policy Reauthorization Act of 2006 by 
authorizing funds to be appropriated to USADA from fiscal years 
2021 through 2029. The following amounts would be authorized 
for each of those fiscal years:
   fiscal year 2021, $15,500,000;
   fiscal year 2022, $16,200,000;
   fiscal year 2023, $16,900,000;
   fiscal year 2024, $17,700,000;
   fiscal year 2025, $18,500,000;
   fiscal year 2026, $19,800,000;
   fiscal year 2027, $22,100,000;
   fiscal year 2028, $24,900,000; and
   fiscal year 2029, $23,700,000.

Section 5. Information sharing.

    This section would require the Attorney General, the 
Secretary of Homeland Security, and the Commissioner of Food 
and Drugs to provide to USADA any relevant information relating 
to the prevention of the use of performance-enhancing drugs or 
the prohibition of performance-enhancing methods, except as 
otherwise prohibited by law or in cases in which the integrity 
of a criminal investigation would be affected.

Section 6. Report on capacity to implement equine anti-doping and 
        medication control program.

    This section would require USADA to submit to Congress a 
report not later than 180 days after the date of enactment of 
the bill that assesses the capacity of USADA to implement an 
equine anti-doping and medication control program. This section 
would require that the report include recommendations for best 
practices, resources, and any other considerations for the 
successful implementation of such a program and recommendations 
developed in consultation with the National Veterinary Services 
Laboratories with respect to appropriate technical standards 
for such a program.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, 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 
material is printed in italic, 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

           *       *       *       *       *       *       *


                          [21 U.S.C. 2001(b)]

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

  (a) * * *
  (b) In General.--The United States Anti-Doping Agency shall--
          (1) * * *
          (2) * * *
          (3) * * *
          (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 
        providing educational materials on sportsmanship, 
        character building, and healthy performance for the 
        athletes, parents, and coaches who participate in youth 
        sports.

SEC. 702. * * *

                            [21 U.S.C. 2003]

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) for fiscal year 2020, $14,800,000.]
          (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, $19,800,000;
          (7) for fiscal year 2027, $22,100,000;
          (8) for fiscal year 2028, $24,900,000; and
          (9) for fiscal year 2029, $23,700,000.

           *       *       *       *       *       *       *