[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 835 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 835
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 HOUSE OF REPRESENTATIVES
January 29, 2019
Ms. Jackson Lee (for herself, Mr. Burgess, Mr. Cohen, Mr. Hudson, Ms.
DeGette, Mr. King of New York, Mr. Hastings, Mr. Long, Mr. Johnson of
Georgia, Mr. Smith of New Jersey, Ms. Moore, Mr. Rush, and Mr. Tonko)
introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Committee on Energy and Commerce,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
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
2019''.
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 2019;'';
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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