[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 835 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 509
116th CONGRESS
  2d Session
                                H. R. 835

                          [Report No. 116-247]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 23, 2019

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                             August 6, 2020

               Reported by Mr. Wicker, without amendment

_______________________________________________________________________

                                 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.
                                                       Calendar No. 509

116th CONGRESS

  2d Session

                               H. R. 835

                          [Report No. 116-247]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             August 6, 2020

                       Reported without amendment