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Text of the Athlete Due Process Protection Act of 2012

This bill was introduced on September 21, 2012, in a previous session of Congress, but was not enacted. The text of the bill below is as of Sep 21, 2012 (Introduced).

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Source: GPO

I

112th CONGRESS

2d Session

H. R. 6546

IN THE HOUSE OF REPRESENTATIVES

September 21, 2012

(for himself and Mr. Conyers) introduced the following bill; which was referred to the Committee on Energy and Commerce

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.

Short title

This Act may be cited as the Athlete Due Process Protection Act of 2012.

2.

Congressional review and oversight of the United States Anti-Doping Agency

(a)

Provision of allegations to athletes

Section 701(b) of such Act (21 U.S.C. 2001(b)) is amended—

(1)

in paragraph (4), by striking and at the 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 reporting to Congress

Section 702 of such Act (21 U.S.C. 2002) is amended—

(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

Beginning with the report that the United States Anti-Doping Agency submits to Congress under subsection (b) in fiscal year 2014 and annually thereafter, such report shall include the following for the previous calendar year:

(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.

(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 relating 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) if Congress has not voted to override implementation of the rule.

.

(c)

Due process protections for athletes

Such Act is amended—

(1)

by redesignating section 703 as section 704; and

(2)

by inserting the following new section:

703.

Due process protections for athletes

No athlete who participates in an event sponsored or licensed by a National Governing Body, or otherwise subject to the jurisdiction of the United States Anti-Doping Agency, the World Anti-Doping Agency, or the International Association of Athletics Federation, may be fined, suspended, expelled, or otherwise penalized unless such athlete has been—

(1)

served with written specific charges providing dates and times of alleged conduct in quest;

(2)

given a reasonable time to prepare such athlete’s defense; and

(3)

afforded a full and fair hearing.

.