U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

49–010 

" ! SENATE 113TH CONGRESS

2d Session 

REPORT 

2014

113–281 

Calendar No. 608 

UNITED STATES ANTI-DOPING AGENCY 

REAUTHORIZATION ACT 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 2338 

DECEMBER 1, 2014.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED THIRTEENTH CONGRESS

SECOND SESSION

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

BARBARA BOXER, California JOHN THUNE, South Dakota 

BILL NELSON, Florida ROGER F. WICKER, Mississippi 

MARIA CANTWELL, Washington ROY BLUNT, Missouri 

MARK PRYOR, Arkansas MARCO RUBIO, Florida 

CLAIRE MCCASKILL, Missouri KELLY AYOTTE, New Hampshire 

AMY KLOBUCHAR, Minnesota DEAN HELLER, Nevada 

MARK BEGICH, Alaska DANIEL COATS, Indiana 

RICHARD BLUMENTHAL, Connecticut TIM SCOTT, South Carolina 

BRIAN SCHATZ, Hawaii TED CRUZ, Texas 

ED MARKEY, Massachusetts DEB FISCHER, Nebraska 

CORY BOOKER, New Jersey RON JOHNSON, Wisconsin 

JOHN WALSH, Montana 

ELLEN DONESKI, Staff Director 

JOHN WILLIAMS, General Counsel 

DAVID SCHWIETERT, Republican Staff Director 

NICK ROSSI, Republican Deputy Staff Director 

REBECCA SEIDEL, Republican General Counsel 


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Calendar No. 608 

113TH CONGRESS REPORT " ! SENATE 2d Session 113–281 

UNITED STATES ANTI-DOPING AGENCY 

REAUTHORIZATION ACT 

DECEMBER 1, 2014.—Ordered to be printed 

Mr. ROCKEFELLER, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 2338] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 2338) to reauthorize the United 

States Anti-Doping Agency, and for other purposes, having considered the same, reports favorably thereon without amendment and 

recommends that the bill do pass. 

PURPOSE OF THE BILL

The purpose of S. 2338, the United States Anti-Doping Agency 

Reauthorization Act, is to reauthorize the United States AntiDoping Agency (USADA) through fiscal year (FY) 2020. 

BACKGROUND AND NEEDS

The U.S. Olympic Committee (USOC) established USADA in 

2000, after a USOC task force recommended the creation of an 

independent body to better fight doping in U.S. Olympic sports, 

which encompasses nearly 50 national sports organizations. (In 

contrast, most professional sports leagues in the United States establish their own anti-doping policies in consultation with their 

players associations.) In addition to testing and educating U.S. 

Olympic, Paralympic, and Pan American athletes as outlined by 

international anti-doping policy, USADA has the authority to adjudicate appeals and conduct research in support of anti-doping efforts. Congress first funded – but never authorized – USADA as 

the country’s ‘‘official anti-doping agency for Olympic, Pan AmerVerDate Sep 11 2014 01:47 Dec 03, 2014 Jkt 049010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR281.XXX SR281

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1P.L. 107—67, Section 644. 

2 U.S. Anti-Doping Agency, 2012 Annual Report (2013) (online at www.usada.org/wp-content/ 

uploads/2012lannuallreport.pdf). 3 U.S. Anti-Doping Agency, Lance Armstrong Receives Lifetime Ban and Disqualification of 

Competitive Results for Doping Violations Stemming from His Involvement in the United States 

Postal Service Pro-Cycling Team Doping Conspiracy (Aug. 24, 2012) (online at www.usada.org/ 

lance-armstrong-receives-lifetime-ban-and-disqualification-of-competitive-results-for-doping-violations-stemming-from-his-involvement-in-the-united-states-postal-service-pro-cycling-teamdoping-conspi/). 

ican, and Paralympic sport’’ in a 2002 appropriations bill.1 In 2012, 

USADA performed 8,490 doping control tests and issued 36 sanctions.2 USADA receives one-third of its funding from the USOC. 

Most notably, Lance Armstrong’s January 2013 admission that 

he had used performance-enhancing drugs came on the heels of 

USADA’s investigation, which found that the seven-time Tour de 

France winner and his cycling teammates had used performanceenhancing drugs. Travis Tygart – the CEO of USADA who led the 

effort against Armstrong – became well-known in the public and 

was featured on 60 Minutes. USADA banned Armstrong from competitive cycling for life and disqualified all of his results back to 

1998.3

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. The provision on USADA’s reauthorization was based on S. 529 – the original Senate bill to formally 

authorize USADA – which was referred to and reported favorably 

by the Committee on Commerce, Science, and Transportation. The 

sponsors of the original legislation were Senators Grassley, Biden, 

McCain, and Stevens. 

USADA has requested small increases in its authorization levels 

through FY 2020. The agency’s previous authorization levels were: 

• FY 2007: $9.7 million. 

• FY 2008: $10.3 million. 

• FY 2009: $10.6 million. 

• FY 2010: $11.0 million. 

• FY 2011: $11.5 million. 

SUMMARY OF PROVISIONS

S. 2338 would reauthorize USADA through FY 2020. USADA’s 

last authorization in 2006 expired at the end of FY 2011. In addition, the bill would make technical updates to USADA’s authority 

by striking the current statute’s language on gene-doping and replacing it with general authority to enforce against prohibited performance-enhancing methods. 

LEGISLATIVE HISTORY

Chairman Rockefeller and Senator Thune introduced S. 2338 on 

May 14, 2014. Senator Blunt of the Committee is a cosponsor. 

On September 17, 2014, in an open Executive Session, the Committee considered the bill and reported S. 2338 favorably by voice 

vote. 


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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. 2338—United States Anti-Doping Agency Reauthorization Act 

Summary: S. 2338 would authorize appropriations of $91 million 

over the 2014–2020 period for the United States Anti-Doping Agency (USADA) to prevent the use of performance-enhancing drugs in 

Olympic sports. Assuming appropriation of the authorized 

amounts, CBO estimates that implementing S. 2338 would cost $65 

million over the 2015–2019 period and $14 million in 2020. (There 

would be no effect in 2014 since the fiscal year is over.) Enacting 

the bill would not affect direct spending or revenues. 

S. 2338 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would not affect the budgets of state, local, or tribal governments. 

Estimated cost to the Federal Government: For this estimate, 

CBO assumes that S. 2338 will be enacted early in fiscal year 2015 

and that the authorized amounts would be provided as specified in 

the legislation. The estimated budgetary effects of S. 2338 are 

shown in the following table. The costs of this legislation fall within budget function 800 (general government). 

By fiscal year, in millions of dollars— 

2015 2016 2017 2018 2019 2015- 

2019 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Authorization Level ....................................................................... 12 12 13 14 14 65 

Estimated Outlays ........................................................................ 12 12 13 14 14 65 

Basis of estimate: For fiscal year 2014, USADA received an appropriation of $9 million. Estimated outlays are based on historical 

spending patterns for the agency. 

Intergovernmental and private-sector impact: S. 2338 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

and would not affect the budgets of state, local, or tribal governments. 

Estimate prepared by: Federal costs: Matthew Pickford; Impact 

on state, local, and tribal governments: Jon Sperl; Impact on the 

private-sector: Mann Burnett. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

REGULATORY IMPACT

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

The legislation would apply to U.S. Olympic, Paralympic, and 

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tions that are already under the USOC’s and, thus, USADA’s jurisdiction. 

ECONOMIC IMPACT

This legislation is not expected to have an adverse economic impact on the Nation. 

PRIVACY

S. 2338 would not have a negative impact on the personal privacy of individuals. 

PAPERWORK

S. 2338 would not require additional reporting requirements. 

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 title the bill as the ‘‘United States AntiDoping Agency Reauthorization Act.’’ 

Section 2. Prohibit performance-enhancing methods. 

This section would update USADA’s authority by striking outdated language on ‘‘performance-enhancing genetic modifications 

accomplished through gene-doping’’ and replacing it with a more 

general authority to enforce against ‘‘prohibited performance-enhancing methods.’’ 

Section 3. Authorization of appropriations. 

This section would authorize appropriations for USADA for FY 

2014 through FY 2020: 

• FY 2014: $11.3 million. 

• FY 2015: $11.7 million. 

• FY 2016: $12.3 million. 

• FY 2017: $12.9 million. 

• FY 2018: $13.5 million. 

• FY 2019: $14.1 million. 

• FY 2020: $14.8 million. 

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): 


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OFFICE OF NATIONAL DRUG CONTROL POLICY 

REAUTHORIZATION ACT OF 2006 

[21 U.S.C. 2001 et seq.] 

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

[21 U.S.C. 2001] 

(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)). 

ø(4) GENE DOPING.—The term ‘‘gene doping’’ means the nontherapeutic use of cells, genes, genetic elements, or of the modulation of gene expression, having the capacity to enhance athletic performance.¿ 

(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 drugsø, or 

performance-enhancing genetic modifications accomplished 

through gene-doping¿ 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 

drugsø, or performance-enhancing genetic modifications accomplished through gene-doping¿ 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 øand the prevention of use of 

performance-enhancing drugs, or performance-enhancing genetic modifications accomplished through gene-doping by 

United States amateur athletes; and¿, and the prevention of 

use by United States amateur athletes of performance-enhancing drugs or prohibited performance-enhancing methods adopted by the Agency. 


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ø(5) permanently include ‘‘gene doping’’ among any list of 

prohibited substances adopted by the Agency.¿ 

øSEC. 703. AUTHORIZATION OF APPROPRIATIONS. 

[21 U.S.C. 2003] 

øThere are authorized to be appropriated to the United States 

Anti-Doping Agency— 

ø(1) for fiscal year 2007, $9,700,000; 

ø(2) for fiscal year 2008, $10,300,000; 

ø(3) for fiscal year 2009, $10,600,000; 

ø(4) for fiscal year 2010, $11,000,000; and 

ø(5) for fiscal year 2011, $11,500,000.¿ 

SEC. 703. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to the United States AntiDoping 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. 

Æ 


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