[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 835 Reported in House (RH)]
<DOC>
Union Calendar No. 200
116th CONGRESS
1st Session
H. R. 835
[Report No. 116-251, Part I]
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
October 22, 2019
Additional sponsors: Ms. Clarke of New York, Ms. Fudge, Ms. Lee of
California, Ms. Johnson of Texas, Mr. Bishop of Georgia, Mrs. Watson
Coleman, Mr. Danny K. Davis of Illinois, Mr. Richmond, Mr. Clyburn, Mr.
Veasey, Ms. Bass, Mr. Fitzpatrick, Mr. Jordan, Mr. Thompson of
Mississippi, Mr. Rouda, and Mrs. McBath
October 22, 2019
Reported from the Committee on the Judiciary with amendments
[Omit the part struck through and insert the part printed in italic]
October 22, 2019
Committee on Energy and Commerce discharged; committed to the Committee
of the Whole House on the State of the Union and ordered to be printed
_______________________________________________________________________
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''.
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds the following:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (9) Doping fraud conspiracies often beget other
illegal activity, including bribery and money
laundering.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.''</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (13) The mission of USADA is to preserve the
integrity of competition, inspire true sport, and protect the
rights of athletes.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
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.
<DELETED> (5) Major international sport competition.--The
term ``Major International Sport Competition'' means--
</DELETED>
<DELETED> (A) a competition in which--</DELETED>
<DELETED> (i) 1 or more United States
athletes and 3 or more athletes from other
countries participate; and</DELETED>
<DELETED> (ii)(I) the competition organizer
or sanctioning body receives sponsorship or
other financial support from an organization
doing business in the United States;
or</DELETED>
<DELETED> (II) the competition organizer or
sanctioning body receives compensation for the
right to broadcast the competition in the
United States; and</DELETED>
(5) Major international sport competition.--The term
``Major International Sport Competition''--
(A) means a competition--
(i) in which 1 or more United States
athletes and 3 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. 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.
<DELETED> (2) Forfeiture.--Any property real or personal
used in violation of section 4 may be seized and forfeited to
the United States.</DELETED>
(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 4; 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 4.
(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 appeared 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 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 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.
Union Calendar No. 200
116th CONGRESS
1st Session
H. R. 835
[Report No. 116-251, Part I]
_______________________________________________________________________
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.
_______________________________________________________________________
October 22, 2019
Reported from the Committee on the Judiciary with amendments
October 22, 2019
Committee on Energy and Commerce discharged; committed to the Committee
of the Whole House on the State of the Union and ordered to be printed