CHAPTER 25—MISCELLANEOUS ANTI-DRUG ABUSE PROVISIONS

SUBCHAPTER I—ANTI-DOPING AGENCY

        

SUBCHAPTER II—NATIONAL METHAMPHETAMINE INFORMATION CLEARINGHOUSE

        

SUBCHAPTER I—ANTI-DOPING AGENCY

§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.)

Editorial Notes

References in 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.

Amendments

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), (C), 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."

Statutory Notes and Related Subsidiaries

Change of Name

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.

Short Title of 2022 Amendment

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'."

Short Title of 2014 Amendment

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'."

Short Title

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'."

Findings

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."

¹ So in original. Probably should be "220501(b)(1))."

§2002. Records, audit, and report

(a) Records

The United States Anti-Doping Agency shall keep correct and complete records of account.

(b) Report

The United States Anti-Doping Agency shall submit an annual report to Congress which shall include—

(1) an audit conducted and submitted in accordance with section 10101 of title 36; and

(2) a description of the activities of the agency.

(Pub. L. 109–469, title VII, §702, Dec. 29, 2006, 120 Stat. 3534.)

§2003. Authorization of appropriations

There are authorized to be appropriated to the United States Anti-Doping Agency—

(1) for fiscal year 2023, $15,500,000;

(2) for fiscal year 2024, $16,200,000;

(3) for fiscal year 2025, $16,900,000;

(4) for fiscal year 2026, $17,700,000;

(5) for fiscal year 2027, $18,500,000;

(6) for fiscal year 2028, $19,800,000;

(7) for fiscal year 2029, $22,100,000;

(8) for fiscal year 2030, $24,900,000; and

(9) for fiscal year 2031, $23,700,000.

(Pub. L. 109–469, title VII, §703, Dec. 29, 2006, 120 Stat. 3534; Pub. L. 113–280, §3, Dec. 18, 2014, 128 Stat. 3020; Pub. L. 117–103, div. Q, title III, §304, Mar. 15, 2022, 136 Stat. 817.)

Editorial Notes

Amendments

2022—Pub. L. 117–103 amended section generally. Prior to amendment, section related to appropriations for fiscal years 2014 to 2020.

2014—Pub. L. 113–280 amended section generally. Prior to amendment, section related to authorization of appropriations for fiscal years 2007 to 2011.

§2004. Information sharing

Except as otherwise prohibited by law and except in cases in which the integrity of a criminal investigation would be affected, pursuant to the obligation of the United States under Article 7 of the United Nations Educational, Scientific, and Cultural Organization International Convention Against Doping in Sport done at Paris October 19, 2005, and ratified by the United States in 2008, the Attorney General, the Secretary of Homeland Security, and the Commissioner of Food and Drugs shall provide to the United States Anti-Doping Agency any relevant information relating to the prevention of the use of performance-enhancing drugs or the prohibition of performance-enhancing methods.

(Pub. L. 117–103, div. Q, title III, §305, Mar. 15, 2022, 136 Stat. 817.)

Editorial Notes

Codification

Section was enacted as part of the United States Anti-Doping Agency Reauthorization Act of 2022 and also as part of the Consolidated Appropriations Act, 2022, and not as part of title VII of Pub. L. 109–469 which comprises this chapter.

SUBCHAPTER II—NATIONAL METHAMPHETAMINE INFORMATION CLEARINGHOUSE

§2011. Definitions

In this subchapter—

(1) the term "Council" means the National Methamphetamine Advisory Council established under section 2012(b)(1) of this title;

(2) the term "drug endangered children" means children whose physical, mental, or emotional health are at risk because of the production, use, or other effects of methamphetamine production or use by another person;

(3) the term "National Methamphetamine Information Clearinghouse" or "NMIC" means the information clearinghouse established under section 2012(a) of this title; and

(4) the term "qualified entity" means a State, local, or tribal government, school board, or public health, law enforcement, nonprofit, community anti-drug coalition, or other nongovernmental organization providing services related to methamphetamines.

(Pub. L. 109–469, title X, §1002, Dec. 29, 2006, 120 Stat. 3537.)

§2012. Establishment of clearinghouse and advisory council

(a) Clearinghouse

There is established, under the supervision of the Attorney General of the United States, an information clearinghouse to be known as the National Methamphetamine Information Clearinghouse.

(b) Advisory council

(1) In general

There is established an advisory council to be known as the National Methamphetamine Advisory Council.

(2) Membership

The Council shall consist of 10 members appointed by the Attorney General—

(A) not fewer than 3 of whom shall be representatives of law enforcement agencies;

(B) not fewer than 4 of whom shall be representatives of nongovernmental and nonprofit organizations providing services or training and implementing programs or strategies related to methamphetamines; and

(C) 1 of whom shall be a representative of the Department of Health and Human Services.

(3) Period of appointment; vacancies

Members shall be appointed for 3 years. Any vacancy in the Council shall not affect its powers, but shall be filled in the same manner as the original appointment.

(4) Personnel matters

(A) Travel expenses

The members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, while away from their homes or regular places of business in the performance of services for the Council.

(B) No compensation

The members of the Council shall not receive compensation for the performance of the duties of a member of the Council.

(Pub. L. 109–469, title X, §1003, Dec. 29, 2006, 120 Stat. 3538.)

§2013. NMIC requirements and review

(a) In general

The NMIC shall promote sharing information regarding successful law enforcement, treatment, environmental, prevention, social services, and other programs related to the production, use, or effects of methamphetamine and grants available for such programs.

(b) Components

The NMIC shall include—

(1) a toll-free number; and

(2) a website that provides a searchable database, which—

(A) provides information on the short-term and long-term effects of methamphetamine use;

(B) provides information regarding methamphetamine treatment and prevention programs and strategies and programs for drug endangered children, including descriptions of successful programs and strategies and contact information for such programs and strategies;

(C) provides information regarding grants for methamphetamine-related programs, including contact information and links to websites;

(D) allows a qualified entity to submit items to be posted on the website regarding successful public or private programs or other useful information related to the production, use, or effects of methamphetamine;

(E) includes a restricted section that may only be accessed by a law enforcement organization that contains successful strategies, training techniques, and other information that the Council determines helpful to law enforcement agency efforts to identify or combat the production, use, or effects of methamphetamine;

(F) allows public access to all information not in a restricted section; and

(G) contains any additional information the Council determines may be useful in identifying or combating the production, use, or effects of methamphetamine.

Thirty days after the website in paragraph (2) is operational, no funds shall be expended to continue the website methresources.gov.

(c) Review of posted information

(1) In general

Not later than 30 days after the date of submission of an item by a qualified entity, the Council shall review an item submitted for posting on the website described in subsection (b)(2)—

(A) to evaluate and determine whether the item, as submitted or as modified, meets the requirements for posting; and

(B) in consultation with the Attorney General, to determine whether the item should be posted in a restricted section of the website.

(2) Determination

Not later than 45 days after the date of submission of an item, the Council shall—

(A) post the item on the website described in subsection (b)(2); or

(B) notify the qualified entity that submitted the item regarding the reason such item shall not be posted and modifications, if any, that the qualified entity may make to allow the item to be posted.

(Pub. L. 109–469, title X, §1004, Dec. 29, 2006, 120 Stat. 3538.)

§2014. Authorization of appropriations

There are authorized to be appropriated—

(1) for fiscal year 2007—

(A) $500,000 to establish the NMIC and Council; and

(B) such sums as are necessary for the operation of the NMIC and Council; and

(2) for each of fiscal years 2008 and 2009, such sums as are necessary for the operation of the NMIC and Council.

(Pub. L. 109–469, title X, §1005, Dec. 29, 2006, 120 Stat. 3539.)