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.

May 6, 2003

Mr. MCCAIN (for himself, Mr. BROWNBACK, Mr. EDWARDS, and Mr. GRAHAM of South Carolina) introduced the following bill which was read twice and referred to the Committee on Commerce, Science, and Transportation

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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Amateur Sports Integrity Act'.

TITLE I--PERFORMANCE ENHANCING DRUGS

SEC. 101. SHORT TITLE.

This Title may be cited as `Athletic Performance-Enhancing Drugs Research and Detection Act'.

SEC. 102. RESEARCH AND DETECTION PROGRAM ESTABLISHED.

(a) IN GENERAL- The Director of the National Institute of Standards and Technology shall establish and administer a program under this title to support research into the use of performance-enhancing substances by athletes, and methods of detecting their use.

(b) GRANTS-

(1) IN GENERAL- The program shall include grants of financial assistance, awarded on a competition basis, to support the advancement and improvement of research into the use of performance-enhancing substances by athletes, and methods of detecting their use.

(2) BANNED SUBSTANCES- In carrying out the program the Director shall consider research proposals involving performance-enhancing substances banned from use by competitors in events sanctioned by organizations, such as the International Olympic Committee, the United States Olympic Committee, the National Collegiate Athletic Association, the National Football League, the National Basketball Association, and Major League Baseball.

(3) RESEARCH CONCENTRATION- In carrying out the program, the Director shall--

(A) fund research on the detection of naturally-occurring steroids, such as testosterone, and other testosterone precursors (e.g., androstendione), and other substances, such as human growth hormone and erythropoietin for which no tests are available but for which there is evidence of abuse or abuse potential;

(B) fund research that focuses on population studies to ensure that tests are accurate for men, women, all relevant age, and major ethnic groups; and

(C) not fund research on drugs of abuse, such as cocaine, phencyclidine, marijuana, morphine/codeine, benzodiazepines, barbiturates, and methamphetamine/amphetamine.

(c) TECHNICAL AND SCIENTIFIC PEER REVIEW-

(1) IN GENERAL- The Director shall establish appropriate technical and scientific peer review procedures for evaluating applications for grants under the program.

(2) IMPLEMENTATION- The Director shall--

(A) ensure that grant applicants meet a set of minimum criteria before receiving consideration for an award under the program;

(B) give preference to laboratories with an established record of athletic drug testing analysis; and

(C) establish a minimum individual grant award of not less than $500,000 per fiscal year.

(3) CRITERIA- The list of minimum criteria shall include requirements that each applicant--

(A) demonstrate a record of publication and research in the area of drug testing;

(B) provide a plan detailing the direct transference of the research findings to lab applications in athletic drug testing; and

(C) certify that it is a not-for-profit research program.

(4) RESULTS- The Director also shall establish appropriate technical and scientific peer review procedures for evaluating the results of research funded, in part or in whole, by grants provided under the program. Each review conducted under this paragraph shall include a written report of findings and, if appropriate, recommendations prepared by the reviewer. The reviewer shall provide a copy of the report to the Director within 30 days after the conclusion of the review.

(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Director of the National Institute of Standards and Technology $4,000,000 per fiscal year to carry out this section for fiscal years 2004, 2005, 2006, 2007, and 2008.

SEC. 103. PREVENTION AND INTERVENTION PROGRAMS.

(a) IN GENERAL- The Director of the National Institute of Standards and Technology shall develop a grant program to fund educational substance abuse prevention and intervention programs related to the use of performance-enhancing substances described in section 102(b)(2) by high school and college student athletes. The Director shall establish a set of minimum criteria for applicants to receive consideration for an award under the program. The list of minimum criteria shall include requirements that each applicant--

(1) propose an intervention and prevention program based on methodologically sound evaluation with evidence of drug prevention efficacy; and

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

(b) MINIMUM GRANT AWARD- The Director shall establish a minimum individual grant award of not less than $300,000 per fiscal year.

(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Director of the National Institute of Standards and Technology $3,000,000 per fiscal year to carry out this section for fiscal years 2004, 2005, 2006, 2007, and 2008.

TITLE II--GAMBLING

SEC. 201. PROHIBITION ON GAMBLING ON COMPETITIVE GAMES INVOLVING HIGH SCHOOL AND COLLEGE ATHLETES AND THE OLYMPICS.

(a) IN GENERAL- The Ted Stevens Olympic and Amateur Sports Act (chapter 2205 of title 36, United States Code) is amended by adding at the end the following new subchapter:

`SUBCHAPTER III--MISCELLANEOUS

`Sec. 220541. Unlawful sports gambling: Olympics; high school and college athletes

`(a) PROHIBITION- It shall be unlawful for--

`(1) a governmental entity to sponsor, operate, advertise, promote, license, or authorize by law or compact, or

`(2) a person to sponsor, operate, advertise, or promote, pursuant to law or compact of a governmental entity,

a lottery, sweepstakes, or other betting, gambling, or wagering scheme based, directly or indirectly, on a competitive game or performance described in subsection (b).

`(b) COVERED GAMES AND PERFORMANCES- A competitive game or performance described in this subsection is the following:

`(1) One or more competitive games at the Summer or Winter Olympics.

`(2) One or more competitive games in which high school or college athletes participate.

`(3) One or more performances of high school or college athletes in a competitive game.

`(c) APPLICABILITY- The prohibition in subsection (a) applies to activity described in that subsection without regard to whether the activity would otherwise be permitted under subsection (a) or (b) of 3704 of title 28.

`(d) INJUNCTIONS- A civil action to enjoin a violation of subsection (a) may be commenced in an appropriate district court of the United States by the Attorney General of the United States, a local educational agency, college, or sports organization, including an amateur sports organization or the corporation, whose competitive game is alleged to be the basis of such violation.

`(e) DEFINITIONS- In this section:

`(1) HIGH SCHOOL- The term `high school' has the meaning given the term `secondary school' in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801).

`(2) COLLEGE- The term `college' has the meaning given the term `institution of higher education' in section 101 of the Higher Education Act of 1965 (20 U.S.C. 8801).

`(3) LOCAL EDUCATIONAL AGENCY- The term `local educational agency' has the meaning given that term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801).'.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of that Act (chapter 2205 of title 36, United States Code) is amended by adding at the end the following:

`SUBCHAPTER III--MISCELLANEOUS

`220541. Unlawful sports gambling: Olympics; high school and college athletes.'.

END