21 U.S.C. § 2001 (FOOD AND DRUGS)
§ 2001. Designation of United States Anti-Doping Agency
(a) Definitions
In this subchapter:
(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)).1
(b) In general
The United States Anti-Doping Agency shall—
(1)
(A) serve as the independent anti-doping organization for the amateur athletic competitions recognized by the United States Olympic and Paralympic Committee;
(B) be responsible for certifying in advance any testing conducted by international organizations under the World Anti-Doping Code for international amateur athletes and athletic competitions occurring within the jurisdiction of the United States; and
(C) 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 the funding of the United States Anti-Doping Agency to provide educational materials on sportsmanship, character building, and healthy performance for the athletes, parents, and coaches who participate in youth sports.
(c) Due process in arbitration proceedings
Any action taken by the United States Anti-Doping Agency to enforce a policy, procedure, or requirement of the United States Anti-Doping Agency against a person with respect to a violation of Federal law, including an investigation, a disciplinary action, a sanction, or any other administrative action, shall be carried out in a manner that provides due process protection to the person.
(Pub. L. 109–469, title VII, § 701, Dec. 29, 2006, 120 Stat. 3533; Pub. L. 113–280, § 2, Dec. 18, 2014, 128 Stat. 3020; Pub. L. 117–103, div. Q, title III, § 303, Mar. 15, 2022, 136 Stat. 817.)
heading: Editorial Notes
heading: References in Text
text: The Ted Stevens Olympic and Amateur Sports Act, referred to in subsec. (a)(1), is chapter 2205 of Title 36, Patriotic and National Observances, Ceremonies, and Organizations.
heading: Amendments
text: 2022—Subsec. (b)(1). Pub. L. 117–103, § 303(1)(A), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “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;”.
Subsec. (b)(5). Pub. L. 117–103, § 303(1)(B), added par. (5).
Subsec. (c). Pub. L. 117–103, § 303(2), added subsec. (c).
2014—Subsec. (a)(4). Pub. L. 113–280, § 2(1), struck out par. (4). Text read as follows: “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.”
Subsec. (b)(1). Pub. L. 113–280, § 2(2)(A), inserted “and be recognized worldwide as the independent national anti-doping organization for the United States” after “Committee”.
Subsec. (b)(2). Pub. L. 113–280, § 2(2)(B), substituted “or prohibited performance-enhancing methods adopted by the Agency” for “, or performance-enhancing genetic modifications accomplished through gene-doping”.
Subsec. (b)(3). Pub. L. 113–280, § 2(2)(C), substituted “or prohibited performance-enhancing methods adopted by the Agency” for “, or performance-enhancing genetic modifications accomplished through gene-doping”.
Subsec. (b)(4). Pub. L. 113–280, § 2(2)(D), substituted “, and the prevention of use by United States amateur athletes of performance-enhancing drugs or prohibited performance-enhancing methods adopted by the Agency.” for “and the prevention of use of performance-enhancing drugs, or performance-enhancing genetic modifications accomplished through gene-doping by United States amateur athletes; and”.
Subsec. (b)(5). Pub. L. 113–280, § 2(2)(E), struck out par. (5) which read as follows: “permanently include ‘gene doping’ among any list of prohibited substances adopted by the Agency.”
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: References to the United States Olympic Committee deemed to refer to the United States Olympic and Paralympic Committee, see section 220502(c) of Title 36, Patriotic and National Observances, Ceremonies, and Organizations.
heading: Short Title of 2022 Amendment
text: Pub. L. 117–103, div. Q, title III, § 301, Mar. 15, 2022, 136 Stat. 816, provided that: “This title [enacting section 2004 of this title, amending this section and section 2003 of this title, and enacting provisions set out as a note below] may be cited as the ‘United States Anti-Doping Agency Reauthorization Act of 2022’.”
heading: Short Title of 2014 Amendment
text: Pub. L. 113–280, § 1, Dec. 18, 2014, 128 Stat. 3020, provided that: “This Act [amending this section and section 2003 of this title] may be cited as the ‘United States Anti-Doping Agency Reauthorization Act’.”
heading: Short Title
text: Pub. L. 109–469, title X, § 1001, Dec. 29, 2006, 120 Stat. 3537, provided that: “This title [enacting subchapter II of this chapter] may be cited as the ‘National Methamphetamine Information Clearinghouse Act of 2006’.”
heading: Findings
text: Pub. L. 117–103, div. Q, title III, § 302, Mar. 15, 2022, 136 Stat. 816, provided that:
“Congress makes the following findings:
“(1) The United States Anti-Doping Agency—
“(A) is the independent national anti-doping organization of the United States; and
“(B) manages the anti-doping program, results management processes, drug reference resources, and athlete education for all United States Olympic Committee-recognized national governing bodies and the athletes and events of such national governing bodies.
“(2) The United States Anti-Doping Agency contributes to the advancement of clean sport through scientific research, anti-doping education, and outreach programs, and the mission of the United States Anti-Doping Agency is to preserve the integrity of competition and protect the rights of athletes.
“(3) Participation in youth sports has the potential to equip young athletes with important skills and values necessary for success in life, and it is essential that the culture of youth sports emphasizes such skills and values.
“(4) The TrueSport program of the United States Anti-Doping Agency partners with youth sport organizations across the United States to promote sportsmanship, character building, and healthy performance through the use of targeted educational materials designed to promote a positive youth sport experience.
“(5) In modifying the authority of the United States Anti-Doping Agency to include the promotion of the positive values 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.
“(6) Due to the unique leadership position of the United States in the global community, adequate funding of the anti-doping and clean sport programs of the United States Anti-Doping Agency is imperative to the preparation for the 2028 Summer Olympic Games, which will be held in Los Angeles, California.
“(7) Increased appropriations for fiscal years 2023 through 2031 would enable the United States Anti-Doping Agency to directly affect the integrity and well-being of sport, both domestically and internationally.”