[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 835 Enrolled Bill (ENR)]
H.R.835
One Hundred Sixteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and twenty
An Act
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
2019''.
SEC. 2. 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''--
(A) means a competition--
(i) in which one or more United States athletes and
three or more athletes from other countries participate;
(ii) that is governed by the anti-doping rules and
principles of the Code; and
(iii) in which--
(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. 3. 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. 4. CRIMINAL PENALTIES AND STATUTE OF LIMITATIONS.
(a) In General.--
(1) Criminal penalty.--Whoever violates section 3 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, tangible or
intangible, may be seized and criminally forfeited to the United
States if that property--
(A) is used or intended to be used, in any manner, to
commit or facilitate a violation of section 3; or
(B) constitutes or is traceable to the proceeds taken,
obtained, or retained in connection with or as a result of a
violation of section 3.
(b) Limitation on Prosecution.--
(1) In general.--No person shall be prosecuted, tried, or
punished for violation of section 3 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 appeared at the time the
request was made, that such evidence is, or was, in such foreign
country.
SEC. 5. 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 3 of the
Rodchenkov Anti-Doping Act of 2019;''; and
(2) in paragraph (3), in the matter preceding subparagraph (A),
by inserting ``or (iii)'' after ``paragraph (1)(A)(ii)''.
SEC. 6. COORDINATION AND SHARING OF INFORMATION WITH USADA.
Except as otherwise prohibited by law and except in cases in which
the integrity of a criminal investigation would be affected, 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 3 of this Act, 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.
SEC. 7. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, and the amendments made by this
Act, for the purpose of complying with the Statutory Pay-As-You-Go Act
of 2010, shall be determined by reference to the latest statement
titled ``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the Chairman of
the House Budget Committee, provided that such statement has been
submitted prior to the vote on passage.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.