[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3790 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 3790

      To impose criminal sanctions on certain persons involved in 
  international doping fraud conspiracies, to provide restitution for 
  victims of such conspiracies, and to require sharing of information 
 with the United States Anti-Doping Agency to assist its fight against 
                    doping, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 19, 2018

  Mr. Whitehouse (for himself and Mr. Hatch) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
      To impose criminal sanctions on certain persons involved in 
  international doping fraud conspiracies, to provide restitution for 
  victims of such conspiracies, and to require sharing of information 
 with the United States Anti-Doping Agency to assist its fight against 
                    doping, 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 ``Rodchenkov Anti-Doping Act of 
2018''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Doping fraud conspiracies which affect the results of 
        Major International Sport Competitions harm the clean athletes, 
        including the United States athletes, who participate in those 
        competitions by denying them their due recognition and economic 
        rewards.
            (2) Doping fraud conspiracies which affect the results of 
        Major International Sport Competitions also harm the sponsors 
        of clean athletes, including United States sponsors, whose 
        sponsored athletes participate in these competitions by denying 
        the sponsors the recognition they would have received had their 
        sponsored athletes not been cheated out of their rightful 
        placement by doped competitors.
            (3) Doping fraud conspiracies which affect the results of 
        Major International Sport Competitions also harm the sponsors 
        of those competitions by debasing the legitimacy of the product 
        which they have paid to sponsor.
            (4) Doping fraud conspiracies which affect the results of 
        Major International Sport Competitions also harm the media 
        companies which broadcast those competitions by debasing the 
        legitimacy of the product which they have paid to broadcast.
            (5) Doping fraud conspiracies which affect the results of 
        Major International Sport Competitions also harm the general 
        public who pay to watch these competitions in the expectation 
        that they will be fair competitions competed on a level playing 
        field.
            (6) Doping fraud conspiracies which affect the results of 
        Major International Sport Competitions also hurt the sport 
        organizations whose athletes participate in those competitions 
        because their supporters assume that the competitions in which 
        the athletes participate are fair competitions which embody the 
        fundamental social values of sport and not sham exhibitions 
        rigged in favor of cheaters who dope.
            (7) Doping fraud conspiracies in Major International 
        Sporting Competitions undermine the integrity and value of not 
        only those events but all organized sport around the world, 
        including the United States.
            (8) The economic impact of sport in the United States 
        economy exceeds over $500,000,000,000 yearly. Doping fraud 
        conspiracies in Major International Sport Competitions 
        seriously threaten the value of that sector of the United 
        States economy.
            (9) Doping fraud conspiracies often beget other illegal 
        activity, including bribery and money laundering.
            (10) The World Anti-Doping Code, which first went into 
        effect in 2003, has been an effective tool in the fight against 
        international doping by significantly harmonizing the anti-
        doping rules of sport and the national laws of those countries 
        which address sport doping through legislation.
            (11) On August 25, 2003, the United States ratified the 
        Convention. As a party to the Convention, the United States has 
        agreed to ``adopt appropriate measures at the national and 
        international levels which are consistent with the Code . . . 
        In abiding by the obligations contained in this Convention, 
        each State Party undertakes to adopt appropriate measures. Such 
        measures may include legislation, regulation, policies or 
        administrative practices.''
            (12) USADA was recognized by Congress, under the United 
        States Anti-Doping Agency Reauthorization Act (Public Law 113-
        280; 128 Stat. 3020), as the independent anti-doping 
        organization for the amateur athletic competitions recognized 
        by the United States Olympic Committee. Both USADA and the 
        United States Olympic Committee are Signatories to the World 
        Anti-Doping Code.
            (13) The mission of USADA is to preserve the integrity of 
        competition, inspire true sport, and protect the rights of 
        athletes.
            (14) As a party to the Convention, the United States has 
        also agreed to ``insure the application of the present 
        Convention, notably through domestic coordination. To meet 
        their obligations under [the] Convention, States Parties may 
        rely on Anti-Doping Organizations as well as sports authorities 
        and organizations.'' Because USADA does not have search and 
        seizure or subpoena powers, this cooperation by Federal 
        agencies is very important to USADA in carrying out its 
        mission.
            (15) Existing criminal statutes, such as conspiracy to 
        commit wire fraud and conspiracy to commit mail fraud, have 
        been important tools used by United States law enforcement 
        agencies to fight corruption in connection with some Major 
        International Sport Competitions. However, in other 
        international sporting events, the facts of a doping fraud 
        conspiracy may not support the use of existing laws. As is 
        evident from the recent exposure of the doping fraud conspiracy 
        in Russia involving the Sochi Olympic Games and other Major 
        International Sport Competitions before and after such Olympic 
        Games, whistleblowers, including Dr. Grigory Rodchenkov and 
        Yuliya and Vitaliy Stepanov, can play a critical role in 
        exposing doping fraud conspiracies and other fraudulent acts in 
        international sport.
            (16) These whistleblowers, including Dr. Grigory Rodchenkov 
        and Yuliya and Vitaliy Stepanov, often expose major 
        international doping fraud conspiracies at considerable 
        personal risk. By criminalizing these conspiracies, such 
        whistleblowers will be included under existing witness and 
        informant protection laws.

SEC. 3. DEFINITIONS.

            (1) Anti-doping organization.--The term ``anti-doping 
        organization'' has the meaning given the term in Article 2 of 
        the Convention.
            (2) Athlete.--The term ``athlete'' has the meaning given 
        the term in Article 2 of the Convention.
            (3) Code.--The term ``Code'' means the World Anti-Doping 
        Code most recently adopted by WADA on March 5, 2003.
            (4) Convention.--The term ``Convention'' means 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.
            (5) Major international sport competition.--The term 
        ``Major International Sport Competition'' means--
                    (A) a competition in which--
                            (i) 1 or more United States athletes and 3 
                        or more athletes from other countries 
                        participate; and
                            (ii)(I) the competition organizer or 
                        sanctioning body receives sponsorship or other 
                        financial support from an organization doing 
                        business in the United States; or
                            (II) the competition organizer or 
                        sanctioning body receives compensation for the 
                        right to broadcast the competition in the 
                        United States; and
                    (B) includes a competition that is a single event 
                or a competition that consists of a series of events 
                held at different times which, when combined, qualify 
                an athlete or team for an award or other recognition.
            (6) Person.--The term ``person'' means any individual, 
        partnership, corporation, association, or other entity.
            (7) Prohibited method.--The term ``prohibited method'' has 
        the meaning given the term in Article 2 of the Convention.
            (8) Prohibited substance.--The term ``prohibited 
        substance'' has the meaning given the term in Article 2 of the 
        Convention.
            (9) Scheme in commerce.--The term ``scheme in commerce'' 
        means any scheme effectuated in whole or in part through the 
        use in interstate or foreign commerce of any facility for 
        transportation or communication.
            (10) USADA.--The term ``USADA'' means the United States 
        Anti-Doping Agency.
            (11) WADA.--The term ``WADA'' means the World Anti-Doping 
        Agency.

SEC. 4. MAJOR INTERNATIONAL DOPING FRAUD CONSPIRACIES.

    (a) In General.--It shall be unlawful for any person, other than an 
athlete, to knowingly carry into effect, attempt to carry into effect, 
or conspire with any other person to carry into effect a scheme in 
commerce to influence by use of a prohibited substance or prohibited 
method any major international sports competition.
    (b) Extraterritorial Jurisdiction.--There is extraterritorial 
Federal jurisdiction over an offense under this section.

SEC. 5. CRIMINAL PENALTIES AND STATUTE OF LIMITATIONS.

    (a) In General.--
            (1) Criminal penalty.--Whoever violates section 4 shall be 
        sentenced to a term of imprisonment for not more than 10 years, 
        fined $250,000 if the person is an individual or $1,000,000 if 
        the defendant is other than an individual, or both.
            (2) Forfeiture.--Any property real or personal used in 
        violation of section 4 may be seized and forfeited to the 
        United States.
    (b) Limitation on Prosecution.--
            (1) In general.--No person shall be prosecuted, tried, or 
        punished for violation of section 4 unless the indictment is 
        returned or the information is filed within 10 years after the 
        date on which the offense was completed.
            (2) Tolling.--Upon application in the United States, filed 
        before a return of an indictment, indicating that evidence of 
        an offense under this chapter is in a foreign country, the 
        district court before which a grand jury is impaneled to 
        investigate the offense shall suspend the running of this 
        statute of limitation for the offense if the court finds by a 
        preponderance of the evidence that an official request has been 
        made for such evidence and that it reasonably appears, or 
        reasonably cleared at the time the request was made, that such 
        evidence is, or was, in such foreign country.

SEC. 6. RESTITUTION.

    Section 3663A of title 18, United States Code, is amended in 
subsection (c)--
            (1) in paragraph (1)(A)--
                    (A) by redesignating clauses (iii) and (iv) as 
                clauses (iv) and (v), respectively; and
                    (B) by inserting after clause (ii) the following:
                            ``(iii) an offense described in section 4 
                        of the Rodchenkov Anti-Doping Act of 2018;''; 
                        and
            (2) in paragraph (3), in the matter preceding clause (i), 
        by inserting ``or (iii)'' after ``paragraph (1)(A)(ii)''.

SEC. 7. COORDINATION AND SHARING OF INFORMATION WITH USADA.

    Except as otherwise prohibited by law, in furtherance of the 
obligation of the United States under Article 7 of the Convention, the 
Department of Justice, the Department of Homeland Security, and the 
Food and Drug Administration shall coordinate with USADA with regard to 
any investigation related to a potential violation of section 4 of this 
Act or anti-doping rules adopted by USADA pursuant to the Code, to 
include sharing with USADA all information in the possession of the 
Department of Justice, the Department of Homeland Security, or the Food 
and Drug Administration which may be relevant to any such potential 
violation.
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