II

Calendar No. 527

106TH CONGRESS

2D SESSION S. 2340

[Report No. 106–278]

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.

IN THE SENATE OF THE UNITED STATES

APRIL 3, 2000

Mr. MCCAIN (for himself, Mr. BROWNBACK, Mr. LEAHY, and Mr. SESSIONS)

introduced the following bill; which was read twice and referred to the

Committee on Commerce, Science, and Transportation

MAY 3, 2000

Reported by Mr. MCCAIN, with amendments

[Omit the part struck through and insert the part printed in italic]

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Amateur Sports Integ3 rity Act’’.

4 TITLE I—PERFORMANCE

5 ENHANCING DRUGS

6 SEC. 101. SHORT TITLE.

7 This Title may be cited as ‘‘Athletic Performance-En8 hancing Drugs Research and Detection Act’’.

9 SEC. 102. RESEARCH AND DETECTION PROGRAM ESTAB10 LISHED.

11 (a) IN GENERAL.—The Director of the National In12 stitute of Standards and Technology shall establish and

13 administer a program under this title to support research

14 into the use of performance-enhancing substances by ath15 letes, and methods of detecting their use.

16 (b) GRANTS.—

17 (1) IN GENERAL.—The program shall include

18 grants of financial assistance, awarded on a competi19 tive basis, to support the advancement and improve20 ment of research into the use of performance-en21 hancing substances by athletes, and methods of de22 tecting their use.

23 (2) BANNED SUBSTANCES.—In carrying out the

24 program the Director shall consider research pro25 posals involving performance-enhancing substances

26 banned from use by competitors in events sanctioned
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1 by organizations, such as the International Olympic

2 Committee, the United States Olympic Committee,

3 the National Collegiate Athletic Association, the Na4 tional Football League, the National Basketball As5 sociation, and Major League Baseball.

6 (3) RESEARCH CONCENTRATION.—In carrying

7 out the program, the Director shall—

8 (A) fund research on the detection of natu9 rally-occurring steroids steriods, such as testos10 terone, and other testosterone precursors (e.g.,

11 androstendione), such as testosterone, and

12 other substances, such as human growth hor13 mone and erythropoietin for which no tests are

14 available but for which there is evidence of

15 abuse or abuse potential;

16 (B) fund research that focuses on popu17 lation studies to ensure that tests are accurate

18 for men, women, all relevant age, and major

19 ethnic groups; and

20 (C) not fund research on drugs of abuse,

21 such as cocaine, phencyclidine, marijuana, mor22 phine/codeine, benzodiazepines, barbiturates, and

23 methamphetamine/amphetamine.

24 (c) TECHNICAL AND SCIENTIFIC PEER REVIEW.—
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1 (1) IN GENERAL.—The Director shall establish

2 appropriate technical and scientific peer review pro3 cedures for evaluating applications for grants under

4 the program.

5 (2) IMPLEMENTATION.—The Director shall—

6 (A) ensure that grant applicants meet a

7 set of minimum criteria before receiving consid8 eration for an award under the program;

9 (B) give preference to laboratories with an

10 established record of athletic drug testing anal11 ysis; and

12 (C) establish a minimum individual grant

13 award of not less than $500,000. $500,000 per

14 fiscal year.

15 (3) CRITERIA.—The list of minimum criteria

16 shall include requirements that each applicant—

17 (A) demonstrate a record of publication

18 and research in the area of athletic drug test19 ing;

20 (B) provide a plan detailing the direct

21 transference of the research findings to lab ap22 plications in athletic drug testing; and

23 (C) certify that it is a not-for-profit re24 search program.
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1 (4) RESULTS.—The Director also shall estab2 lish appropriate technical and scientific peer review

3 procedures for evaluating the results of research

4 funded, in part or in whole, by grants provided

5 under the program. Each review conducted under

6 this paragraph shall include a written report of find7 ings and, if appropriate, recommendations prepared

8 by the reviewer. The reviewer shall provide a copy of

9 the report to the Director within 30 days after the

10 conclusion of the review.

11 (d) AUTHORIZATION OF APPROPRIATIONS.—There

12 are authorized to be appropriated to the Director of the

13 National Institute of Standards and Technology

14 $4,000,000 per fiscal year to carry out this section for

15 fiscal years 2001, 2002, 2003, 2004, and 2005.

16 SEC. 103. PREVENTION AND INTERVENTION PROGRAMS.

17 (a) IN GENERAL.—The Director of the National In18 stitute of Standards and Technology shall develop a grant

19 program to fund educational substance abuse prevention

20 and intervention programs related to the use of perform21 ance-enhancing substances described in section 102(b)(2)

22 by high school and college student athletes. The Director

23 shall establish a set of minimum criteria for applicants

24 to receive consideration for an award under the program.
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1 The list of minimum criteria shall include requirements

2 that each applicant—

3 (1) propose an intervention and prevention pro4 gram based on methodologically sound evaluation

5 with evidence of drug prevention efficacy; and

6 (2) demonstrate a record of publication and re7 search in the area of athletic drug use prevention.

8 (b) MINIMUM GRANT AWARD.—The Director shall

9 establish a minimum individual grant award of not less

10 than $300,000 per recipient. per fiscal year.

11 (c) AUTHORIZATION OF APPROPRIATIONS.—There

12 are authorized to be appropriated to the Director of the

13 National Institute of Standards and Technology

14 $3,000,000 per fiscal year to carry out this section for

15 fiscal years 2001, 2002, 2003, 2004, and 2005.

16 TITLE II—GAMBLING

17 SEC. 201. PROHIBITION ON GAMBLING ON COMPETITIVE

18 GAMES INVOLVING HIGH SCHOOL AND COL19 LEGE ATHLETES AND THE OLYMPICS.

20 (a) IN GENERAL.—The Ted Stevens Olympic and

21 Amateur Sports Act (chapter 2205 of title 36, United

22 States Code) is amended by adding at the end the fol23 lowing new subchapter:
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1 ‘‘SUBCHAPTER III—MISCELLANEOUS

2 ‘‘§ 220541. Unlawful sports gambling: Olympics; high

3 school and college athletes

4 ‘‘(a) PROHIBITION.—It shall be unlawful for—

5 ‘‘(1) a governmental entity to sponsor, operate,

6 advertise, promote, license, or authorize by law or

7 compact, or

8 ‘‘(2) a person person, including an amateur

9 sports organization (as defined in section 3701 of title

10 28), or a corporate sponsor of such an organization,

11 to sponsor, operate, advertise, or promote, pursuant

12 to law or compact of a governmental entity,

13 a lottery, contest, sweepstakes, or other betting, gambling,

14 or wagering scheme based, directly or indirectly, on a com15 petitive game or performance described in subsection (b).

16 (b), including a sweepstakes or contest that includes prizes

17 related directly or indirectly to such a covered game or per18 formance.

19 ‘‘(b) COVERED GAMES AND PERFORMANCES.—A

20 competitive game or performance described in this sub21 section is the following:

22 ‘‘(1) One or more competitive games at the

23 Summer or Winter Olympics.

24 ‘‘(2) One or more competitive games in which

25 high school or college athletes participate.
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1 ‘‘(3) One or more performances of high school

2 or college athletes in a competitive game.

3 ‘‘(c) APPLICABILITY.—The prohibition in subsection

4 (a) applies to activity described in that subsection without

5 regard to whether the activity would otherwise be per6 mitted under subsection (a) or (b) of 3704 of title 28.

7 ‘‘(d) INJUNCTIONS.—A civil action to enjoin a viola8 tion of subsection (a) may be commenced in an appro9 priate district court of the United States by the Attorney

10 General of the United States, a local educational agency,

11 college, or sports organization, including an amateur

12 sports organization or the corporation, whose competitive

13 game is alleged to be the basis of such violation.

14 ‘‘(e) DEFINITIONS.—In this section:

15 ‘‘(1) HIGH SCHOOL.—The term ‘high school’

16 has the meaning given the term ‘secondary school’ in

17 section 14101 of the Elementary and Secondary

18 Education Act of 1965 (U.S.C. 8801).

19 ‘‘(2) COLLEGE.—The term ‘college’ has the

20 meaning given the term ‘institution of higher edu21 cation’ in section 101 of the Higher Education Act

22 of 1965 (20 U.S.C. 8801).

23 ‘‘(3) LOCAL EDUCATIONAL AGENCY.—The term

24 ‘local educational agency’ has the meaning given

25 that term in section 14101 of the Elementary and
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1 Secondary Education Act of 1965.’’ (U.S.C. 8801).

2 1965 (20 U.S.C. 8801).

3 ‘‘(f) GAMBLING ENFORCEMENT INFORMATION AND

4 POLICIES.—

5 ‘‘(1) REPORTING REQUIRED.—Each college shall

6 include statistics and other information on illegal

7 gambling, including gambling over the Internet, in

8 addition to the other criminal offenses on which the

9 college is required to report under section 1092(f) of

10 title 20, in the form and manner prescribed by that

11 section.

12 ‘‘(2) STATEMENT OF POLICY.—Each college shall

13 include a statement of policy regarding under-age

14 and other illegal gambling activity in the form and

15 manner required for statements of policy on alcoholic

16 beverages and illegal drugs under section 1092(f) of

17 title 20, including a description of any gambling

18 abuse education programs available to students and

19 employees of that college.

20 ‘‘(3) ATTORNEY GENERAL REVIEW REQUIRED.—

21 Notwithstanding paragraph (2) of section 1092(f) of

22 title 20, the Attorney General shall, in consultation

23 with the Secretary of Education, periodically review

24 the policies, procedures, and practices of colleges con-
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1 cerning campus crimes and security related, directly

2 or indirectly, to—

3 ‘‘(A) illegal gambling; and

4 ‘‘(B) the integrity of athletic contests in

5 which students of that college participate.’’.

6 (b) CLERICAL AMENDMENT.—The table of sections

7 at the beginning of that Act (chapter 2205 of title 36,

8 United States Code) is amended by adding at the end the

9 following:

‘‘SUBCHAPTER III—MISCELLANEOUS

‘‘220541. Unlawful sports gambling: Olympics; high school and college athletes.’’.

Calendar No. 527

106TH CONGRESS

2D SESSION S. 2340

[Report No. 106–278]

A BILL

To direct the National Institute of Standards and

Technology to establish a program to support research and training in methods of detecting theuse of performance-enhancing drugs by athletes,and for other purposes.

MAY 3, 2000

Reported with amendments