Armstrong v. United States Anti-Doping Agency et al

Filing 7

ATTACHMENT Continued Exhibits to 4 Affidavit in Support,, by Lance Armstrong. (Attachments: # 1 Exhibit Exhibit 34, # 2 Exhibit Exhibit 35, # 3 Exhibit Exhibit 36, # 4 Exhibit Exhibit 37, # 5 Exhibit Exhibit 38, # 6 Exhibit Exhibit 39, # 7 Exhibit Exhibit 40, # 8 Exhibit Exhibit 41, # 9 Exhibit Exhibit 42 through 47, # 10 Exhibit Exhibit 48 and 49, # 11 Exhibit Exhibit 50 and 51)(Herman, Timothy)

EXHIBIT 34

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[Senate Executive Report 110-11]
[From the U.S. Government Printing Office]

110th Congress
2d Session

SENATE

Exec. Rept.
110-11

======================================================================

INTERNATIONAL CONVENTION AGAINST
DOPING IN SPORT
_______
June 27, 2008.--Ordered to be printed
_______
Mr. Biden, from the Committee on Foreign Relations,
submitted the following
REPORT
[To accompany Treaty Doc. 110-14; EC 6772]
The Committee on Foreign Relations, to which was referred
the International Convention Against Doping in Sport, adopted
on October 19, 2005 (the ``Convention'') (Treaty Doc. 110-14;
EC 6772), having considered the same, reports favorably thereon
with one understanding, one declaration, and one condition as
indicated in the resolution of advice and consent, and
recommends that the Senate give its advice and consent to
ratification thereof, as set forth in this report and the
accompanying resolution of advice and consent.
CONTENTS
Page
I. Purpose..........................................................1
II. Background.......................................................2
III. Summary of Convention............................................3
IV. Entry Into Force................................................11
V. Implementing Legislation........................................11
VI. Committee Action................................................11
VII. Committee Recommendation and Comments...........................11
VIII.Text of Resolution of Advice and Consent to Ratification........13
IX. Annex I.--2008 Prohibited List and Annex I to the Convention (EC
6772)...........................................................15
X. Annex II.--Transcript of May 22, 2008 Hearing...................25
I. Purpose

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Flexibility in Implementation
A number of countries in Europe, such as France and Italy,
address doping in sport through direct government regulation,
which in some cases means legislation that requires compliance
by the sports federations or individual athletes with antidoping rules in those countries. In the United States, and in
other countries such as Canada, Australia, and Japan, doping in
sport is approached from a different perspective: instead of
directly regulating anti-doping in sports, the sports
federations are provided with incentives to self-regulate. The
Convention recognizes these different approaches in Article 5,
which states that the measures used to implement the Convention
``may include legislation, regulation, policies or
administrative practices.''
Prohibited Substances and Methods
Article 8 supports Anti-Doping efforts by requiring states
to take certain measures to restrict the availability of
``Prohibited Substances and Methods'' in order to restrict
their use in sports by athletes unless the use is based on a
``Therapeutic Use Exemption.'' The ``Prohibited Substances and
Methods'' and the ``Therapeutic Use Exemptions'' that are
referred to in this Article are listed in the two Annexes to
the Convention and originate from the Code. The administration
notes in its submittal letter that this Article can be
implemented by the United States without changing existing U.S.
law or policy.\4\ The Prohibited Substances and Methods are
mainly controlled substances whose production, movement,
importation, distribution, and sale are controlled by the
Controlled Substances Act.\5\ A number of the noncontrolled
substances on the Prohibited List are subject to provisions of
the Food, Drug, and Cosmetic Act\6\ that restrict their use to
legitimate medical activities and prohibits trafficking of such
substances. In addition, U.S. states have parallel laws that
address the trafficking, possession, and use of many of the
substances on the Prohibited List. Finally, an increasing
number of U.S. states have implemented student drug testing
programs and education initiatives to prevent the use of doping
substances on the Prohibited List.
--------------------------------------------------------------------------\4\See Treaty Doc. 110-14 at X.
\5\21 U.S.C. Sec. 801 et seq.
\6\21 U.S.C. Sec. 301 et seq.
--------------------------------------------------------------------------Athlete Support Personnel
Article 9 requires States Parties to take measures, or to
encourage sports organizations and anti-doping organizations to
take anti-doping measures, aimed at athlete support personnel.
Athlete support personnel are defined in Article 2 to be a
``coach, trainer, manager, agent, team staff, official, medical
or paramedical personnel working with or treating athletes
participating in or preparing for sports competition.'' The
United States satisfies this requirement through its support of
USADA, which has policies and testing protocols that are
consistent with the Code and which provide for specific

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sanctions and penalties for athlete support personnel if and
when they violate the Code.
Nutritional Supplements
Article 10 requires States Parties to encourage producers
and distributors of nutritional supplements to establish best
practices in the marketing and distribution of nutritional
supplements, including by providing information regarding their
analytic composition. The administration notes in its submittal
letter that this Article can be implemented by the United
States without changing existing U.S. law or policy.\7\ The
Dietary Supplement Health Education Act of 1994\8\ requires
that dietary supplement manufacturers ensure that a dietary
supplement is safe before it is marketed, and that its product
label information is truthful and not misleading. The law sets
forth post-marketing requirements that include monitoring
safety, such as adverse event reporting. In June 2007, the Food
and Drug Administration established regulations requiring good
manufacturing practices for dietary supplements that are
designed to ensure that such supplements are produced in a
quality manner, do not contain contaminants or impurities, and
are accurately labeled.
--------------------------------------------------------------------------\7\See Treaty Doc. 110-14 at XI.
\8\Pub. L. 103-417.
--------------------------------------------------------------------------Facilitating Doping Controls for Sports Competitions
Article 12 obligates States Parties to facilitate the antidoping-control activities of sports organizations and antidoping organizations, such as the testing of athletes with noadvance notice by duly authorized doping-control teams and
access to accredited doping laboratories for the purpose of
doping-control analysis. The United States would meet these
obligations through its support of cooperation among antidoping organizations, such as the Association of National AntiDoping Organizations and WADA's Central American Regional AntiDoping Organization, and the United States' support of USADA,
which works to facilitate the doping-control activities
contemplated in this Article.
International Cooperation
Article 16 obligates States Parties to take certain steps
to facilitate international cooperation in anti-doping testing
and control. Parties are only obligated to take steps under
this Article to the extent that such steps are ``appropriate
and in accordance with domestic law and procedures.'' No
changes in existing U.S. law or policy would be necessary to
meet the obligations that would arise under this Article. The
United States currently facilitates such international
cooperation through its support of the activities of USADA,
which actively engages in anti-doping testing cooperation with
appropriate anti-doping organizations in other countries that
are compliant with the Code.
Education and Training

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Article 19 of the Convention obligates States Parties,
within their means, to support, devise, or implement education
and training programs on anti-doping. The United States
currently funds a number of programs that would satisfy this
requirement. For example, the United States supports two
school-based steroid education programs: the ATLAS (Adolescents
Training and Learning to Avoid Nutrition Alternatives) program
and the ATHENA (Athletes Targeting Healthy Exercise and
Nutrition Alternatives) program. In addition, the United States
supports anti-doping education through its support of USADA,
which traditionally directs more than ten percent of its annual
budget toward education programs targeting schoolchildren,
emerging elite athletes, coaches, and parents. The United
States also provides federal grant funds to operate student
drug testing programs and education initiatives, such as
activities undertaken by the Department of Education's Office
of Safe and Drug-Free Schools.
Voluntary Fund
Article 17 establishes a Voluntary Fund, which can be used
to assist States Parties with the implementation of their
obligations under the Convention and for the functioning costs
of the Convention, which includes the operational costs of the
Secretariat. See Articles 18 and 32.
Research
Many of the substances and methods used in doping can have
a damaging impact on the health of athletes. As the executive
branch explained in response to the committee's questions,
``[t]he dangers of anabolic steroids for nonmedical use, for
example, are becoming increasingly well known. As science
evolves and athletes turn to substances such as human growth
hormone and gene doping, the health consequences are not only
potentially grave, but often not fully known.'' In order to
understand the health risks involved and in order to be aware
of the next generation of doping substances and methods, it is
crucial that scientific research in this field be encouraged,
conducted and shared.
Articles 24-27 focus on research that is relevant to the
fight against doping in sport. Article 24 requires States
Parties ``within their means'' to encourage and promote antidoping research in cooperation with sports and other relevant
organizations on (a) prevention, detection methods, behavioral
and social aspects, and the health consequences of doping; (b)
ways and means of devising scientifically based physiological
and psychological training programs; and (c) the use of
emerging substances and methods arising from scientific
developments. Article 25 requires, among other things, that
States Parties ensure that such research complies with
internationally recognized ethical practices and is undertaken
with adequate precautions to prevent the results of the
research from being used for doping purposes. Article 26
requires States Parties to share, where appropriate and subject
to national and international law, the results of their
research with other Parties and with WADA. Article 27 requires
States Parties to encourage members of the scientific and
medical communities to carry out sport science research in
accordance with the principles of the Code and to encourage

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sports organizations and athlete support personnel within their
jurisdiction to implement such research.
The United States currently supports and promotes research
on anti-doping consistent with the requirements laid out in
these articles. For example, the United States already funds
significant research related to anti-doping both directly and
through USADA. The United States also supports anti-doping
research activities through the National Institute on Drug
Abuse (NIDA), which is one of the National Institutes of Health
(NIH), and the Drug Enforcement Administration. The United
States has also, through the Office of National Drug Control
Policy, promoted the sharing of research results by
coordinating research collaboration between WADA's Science and
Research Development and officials from NIH, NIDA, and the Food
and Drug Administration. Finally, the United States encourages
and directly supports sports science research by organizations
such as the American College of Sports Medicine, the American
Medical Association, and other medical and public health
groups.
Monitoring
The monitoring mechanism for this Convention is minimal:
States Parties are obligated to report to the Conference of
Parties every two years on the measures taken by them to
implement the Convention. The Conference of the Parties can
expand the monitoring mechanism, but the Convention provides
that ``[a]ny monitoring mechanism or measure that goes beyond
[the biennial report] shall be funded through the Voluntary
Fund. . . .'' As a result, it is unlikely that the monitoring
mechanism will be expanded substantially beyond the reporting
requirement described above.
B. ANNEXES AND APPENDICES
The Convention consists of its main text, two annexes (The
Prohibited List International Standards and the Therapeutic Use
Exemptions), and three appendices (the World Anti-Doping Code,
the International Standards for Laboratories, and International
Standards for Testing).
The two Annexes, the Prohibited List International
Standards and the Therapeutic Use Exemptions, are technical
documents that are an integral part of the Convention. There
are two possible procedures through which the Annexes can be
amended. States Parties may propose amendments through the
standard amendment procedure set forth in Article 33 or WADA
can, under certain circumstances, propose amendments to the
Annexes through a fast-track amendment procedure as set forth
in Article 34.
Fast-Track Procedure for Amending Annexes
In accordance with Article 34, if WADA modifies its own
Prohibited List or the Standards for Granting Therapeutic Use
Exemptions, it may inform the Director-General of UNESCO of the
changes adopted by WADA and the Director-General would then
circulate to States Parties the changes as proposed amendments
to the relevant Annexes to the Convention. States Parties have
45 days within which to object to the adoption of such an
amendment. Unless two-thirds of the States Parties express

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