[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 835 Referred in Senate (RFS)]
<DOC>
116th CONGRESS
1st Session
H. R. 835
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 23, 2019
Received; read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
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.
Passed the House of Representatives October 22, 2019.
Attest:
CHERYL L. JOHNSON,
Clerk.