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..................................................................... (Original Signature of Member)

112TH CONGRESS 2D SESSION

H. R. ll

To amend the Office of National Drug Control Policy Reauthorization Act of 2006 to increase congressional oversight of the United States AntiDoping Agency.

IN THE HOUSE OF REPRESENTATIVES

Mr. SENSENBRENNER (for himself and Mr. CONYERS) introduced the following bill; which was referred to the Committee on lllllllllllllll

A BILL
To amend the Office of National Drug Control Policy Reauthorization Act of 2006 to increase congressional oversight of the United States Anti-Doping Agency. 1 Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled, 3 4

SECTION 1. SHORT TITLE.

This Act may be cited as the Athlete Due Process

5 Protection Act of 2012.

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2 1 2 3
SEC. 2. CONGRESSIONAL REVIEW AND OVERSIGHT OF THE UNITED STATES ANTI-DOPING AGENCY.

(a) PROVISION

OF

ALLEGATIONS

TO

ATHLETES.

4 Section 701(b) of the Office of National Drug Control Pol5 icy Reauthorization Act of 2006 (21 U.S.C. 2001(b)) is 6 amended 7 8 9 10 11 12 13 14 15 16 end; (2) in paragraph (5), by striking the period and inserting ; and; and (3) by adding at the end the following new paragraph: (6) provide a document to each athlete that it investigates that includes the specific doping allegations against such athlete.. (b) EXPANSION
OF

(1) in paragraph (4), by striking and at the

REPORTING

TO

CONGRESS.Sec-

17 tion 702 of such Act (21 U.S.C. 2002) is amended 18 19 20 21 22 23 (1) in subsection (b), by inserting , including the information under subsection (c) before the period; and (2) by adding at the end the following new subsections: (c) ADDITIONAL ANNUAL REPORT CONTENTS.

24 Beginning with the report that the United States Anti25 Doping Agency submits to Congress under subsection (b)

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3 1 in fiscal year 2014 and annually thereafter, such report 2 shall include the following for the previous calendar year: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (1) Information on each athlete that the United States Anti-Doping Agency investigated, including (A) the status of each athlete as an amateur athlete; (B) the nationality of each athlete; and (C) a copy of the document provided to each athlete under section 701(b)(6), provided in a manner that does not identify any individual athlete. (2) The location of each investigation and adjudication that the Agency conducted, including investigations and adjudications outside of the United States. (3) Any investigations or adjudications conducted by the Agency that another United States or foreign agency or organization concurrently investigated or adjudicated. (4) The cost of each investigation and adjudication that the United States Anti-Doping Agency conducted, including all internal and external legal fees associated with each such investigation and adjudication.

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4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (d) REPORT ON NEW RULES. (1) IN

GENERAL.Beginning

on the date that

is 90 days after the date of the enactment of the Athlete Due Process Protection Act of 2012, before a new or revised procedural or evidentiary rule that relates to the investigation or adjudication process of the United States Anti-Doping Agency can take effect, the United States Anti-Doping Agency shall submit to the Committees on the Judiciary of the House of Representatives and the Senate a report containing (A) a copy of the rule; (B) a concise general statement relating to the rule; and (C) a list of any other related actions that the United States Anti-Doping Agency plans to take to implement the rule. (2) EFFECTIVE
DATE OF RULES.A

rule re-

lating to a report submitted under paragraph (1) shall take effect on the date that is 180 days after the United States Anti-Doping Agency submits a report under paragraph (1).. (c) DUE PROCESS PROTECTIONS
FOR

ATHLETES.

24 Such Act is amended

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5 1 2 3 4 5 6 and (2) by inserting after section 702 the following new section:
SEC. 703. DUE PROCESS PROTECTIONS FOR ATHLETES.

(1) by redesignating section 703 as section 704;

The United States Anti-Doping Agency may not

7 pursue sanctions against any athlete for doping unless 8 such athlete has been 9 10 11 12 13 14 15 (1) served with written specific charges providing dates and times of alleged conduct in question; (2) given a reasonable time to prepare such athletes defense; and (3) afforded a full and fair hearing.. (d) TABLE
OF

CONTENTS.The table of contents of

16 such Act is amended 17 18 19 20 (1) by redesignating the item relating to section 703 as section 704; and (2) by inserting after the item relating to section 702 the following:
Sec. 703. Due process protections for athletes..

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