[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