[Congressional Record Volume 165, Number 167 (Tuesday, October 22, 2019)]
[House]
[Pages H8339-H8345]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
RODCHENKOV ANTI-DOPING ACT OF 2019
Ms. JACKSON LEE. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 835) to impose criminal sanctions on certain persons
involved in
[[Page H8340]]
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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 835
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 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. 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Texas (Ms. Jackson Lee) and the gentleman from Virginia (Mr. Cline)
each will control 20 minutes.
The Chair recognizes the gentlewoman from Texas.
General Leave
Ms. JACKSON LEE. Mr. Speaker, I ask unanimous consent that all
Members have 5 legislative days to revise and extend their remarks and
include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Texas?
There was no objection.
Ms. JACKSON LEE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I thank all of my sponsors, but I particularly thank Dr.
Burgess, who I will mention again, who joined me more than a year ago
to move forward on a bill that we hope will give fairness to all the
wonderful young athletes around the world.
H.R. 835, the Rodchenkov Anti-Doping Act of 2019, would strengthen
the integrity of international sports competitions by imposing criminal
sanctions on certain persons involved in international doping fraud
conspiracies. It would also provide restitution for victims of such
conspiracies and would require coordination and sharing of information
with the United States Anti-Doping Agency to assist its fight against
doping.
Mr. Speaker, I include in the Record an article from The New York
Times regarding manipulated drug tests.
Russian Doping Chief Says Thousands of Drug Tests Were Manipulated
[From the New York Times, Oct. 14, 2019]
(By Tariq Panja)
Colorado Springs.--Russia made thousands of changes to the
drug-test results of an unspecified number of its athletes,
the head of the country's own antidoping agency said this
week, confirming the suspicions of global officials who are
considering severe penalties against Russian sports programs.
The official, Yuri Ganus, the director general of the
Russian antidoping agency, suggested in an interview at a
conference in Colorado that the data had been concealed or
altered to protect the reputations and positions of former
star athletes who now have roles in government or who
function as senior sports administrators in Russia.
His comments went farther than his previous remarks about
possible Russian manipulation of doping results, and they
could complicate the country's efforts to avoid new
punishments from global antidoping officials. Russian was
already barred from international sporting events, including
the 2018 Winter Olympics, after the discovery of a broad,
state-sponsored doping program in 2015.
In less than two weeks, a committee at the World Anti-
Doping Agency will decide whether to press for more serious
bans against Russian sports federations. Russia faces
possible expulsion from international sports--a return to the
pariah status that followed the 2015 discovery--if its
authorities
[[Page H8341]]
cannot provide an explanation for missing or manipulated test
results in a database that Russia turned over to WADA.
Russia's promise to deliver that database of thousands of
athlete records was a key factor in WADA's decision to lift a
suspension of the country's antidoping agency in late 2018.
That determination, criticized by athletes and other
antidoping officials at the time, ended a three-year
suspension that had been imposed after the discovery of one
of the most audacious and sophisticated cheating schemes in
history, a conspiracy that corrupted a number of major
international sporting events, including several Olympics.
Ganus, 55, said Sunday that he believed only individuals
with access to some of Russia's most powerful institutions
could have been able to manipulate the data, which WADA
investigators crosschecked against a separate set provided by
a whistle-blower in 2017.
``In this case, you have to understand what has to be the
power which will receive access,'' Ganus said.
Ganus said he had spoken out to ensure that current and
future generations of Russian athletes do not suffer because
of the actions of others.
But his outspokenness has come as a surprise to some, given
the risks whistle-blowers with information related to the
case appear to face. Two other Russian antidoping officials
with ties to the scandal--including one of Ganus's
predecessors--have died under suspicious circumstances in
recent years, and Ganus said he believed the Russian
authorities were monitoring his electronic communications and
his phone calls, as well as conducting surveillance near his
home.
``It's really dangerous for me,'' he said. But Ganus said
he was driven to complete what he described as ``the
mission'' to assure that a new generation of Russian athletes
could return, untainted, to international sports.
``Russia is a high level sports country, but those people
who are responsible to solve this situation for many years
chose the wrong way, the wrong approach,'' he said.
There is a suspicion in sporting circles that Russia has
allowed Ganus to speak out publicly so that he can separate
the work of his agency, which has drawn praise from WADA for
changes it has made, from that of the state authorities that
control the Moscow laboratory where the athletes' data was
stored. The government still considers that lab a crime scene
under the control of state officials, not of domestic
antidoping regulators.
``Certainly if he's speaking truth to power, maybe he's
going to defect sometime soon or it's a strategic move,''
Travis Tygart, the head of the United States Anti-Doping
Agency, said of Ganus. ``I think the real issue is: Can the
WADA system hold the national antidoping system responsible
for something that the minister's office is ultimately
responsible for?''
By lifting its ban on Russia last year before the country
had complied with two remaining provisions of its so-called
road map to reinstatement--namely, providing the athletes'
data to WADA and acknowledging that Russia's doping program
was state-controlled--WADA effectively freed the authorities
who control the lab from the need to follow the terms of that
agreement. Those officials might not fall under WADA's
jurisdiction, as the Russian antidoping agency, known as
Rusada, does.
``When they let them out of that road map, it put a lot of
pressure on their ability under the new rules to hold
Russia's state minister's office and sport community
responsible through their authority over the national
antidoping organization,'' Tygart said. ``That's what's going
to come to a head. And let's hope it does:'
Last month, the English lawyer Jonathan Taylor, who leads
the WADA committee overseeing Russian compliance, said the
country would need to ``pull a rabbit out of the hat'' to
provide a credible explanation for anomalies in the data
extracted from the Moscow lab.
Taylor's committee will convene, probably by phone, on Oct.
23 to decide whether to recommend to WADA's executive board
that Russia be designated ``noncompliant:'' If the board
agrees, a case most likely will be fast-tracked to the
international Court of Arbitration for Sport for a final
ruling.
In the past, individual sports had the power to decide
whether to punish countries for doping offenses. But rules
adopted in April 2018 mean a negative ruling for Russia at
the arbitration court could trigger an automatic suspension
for the country across a wide range of sports and federations
bound by the WADA code. Under such a ban, Russian teams and
athletes would be ineligible to compete in international
sporting events, and the country would be barred from hosting
them, until the WADA suspension was lifted.
That could lead to Russia's missing out on next summer's
Olympics in Tokyo, and even put at risk its national soccer
team's participation in qualification matches for the 2022
World Cup in Qatar.
____
[From the New York Times, June 12, 2018]
U.S. Lawmakers Seek To Criminalize Doping in Global Competitions
(By Rebecca R. Ruiz)
United States lawmakers took a step on Tuesday toward
criminalizing doping in international sports, introducing a
bill in the House that would attach prison time to the use,
manufacturing or distribution of performance-enhancing drugs
in global competitions.
The legislation, inspired by the Russian doping scandal,
would echo the Foreign Corrupt Practices Act, which makes it
illegal to bribe foreign officials to gain a business
advantage. The statute would be the first of its kind with
global reach, empowering American prosecutors to act on
doping violations abroad, and to file fraud charges of a
different variety than those the Justice Department brought
against top international soccer officials in 2015.
Although American leagues like Major League Baseball would
not be affected by the legislation, which would apply only to
competitions among countries, it could apply to a league's
athletes when they participate in global events like the
Ryder Cup, the Davis Cup or the World Baseball Classic.
The law would establish America's jurisdiction over
international sports events, even those outside of the United
States, if they include at least three other nations, with at
least four American athletes participating or two American
companies acting as sponsors. It would also enhance the
ability of cheated athletes and corporate sponsors to seek
damages, expanding the window of time during which civil
lawsuits could be filed.
To justify the United States' broader jurisdiction over
global competitions, the House bill invokes the United
States' contribution to the World Anti-Doping Agency, the
global regulator of drugs in sports. At $2.3 million, the
United States' annual contribution is the single largest of
any nation. ``Doping fraud in major international
competitions also effectively defrauds the United States:'
the bill states.
The lawmakers behind the bill were instrumental in the
creation of the 2012 Magnitsky Act, which gave the government
the right to freeze financial assets and impose visa
restrictions on Russian nationals accused of serious human
rights violations and corruption. On Tuesday, the lawmakers
framed their interest in sports fraud around international
relations and broader networks of crime that can accompany
cheating.
``Doping fraud is a crime in which big money, state assets
and transnational criminals gain advantage and honest
athletes and companies are defrauded;' said Sheila Jackson
Lee, Democrat of Texas, who introduced the legislation on
Tuesday. ``This practice, some of it state-sanctioned, has
the ability to undermine international relations, and is
often connected to more nefarious actions by state actors?'
Along with Ms. Jackson Lee, the bill was sponsored by two
other congressional representatives, Michael C. Burgess,
Republican of Texas, and Gwen Moore, Democrat of Wisconsin.
It was put forward just as Russia prepares to host soccer's
World Cup, which starts Thursday. That sporting event will be
the nation's biggest since the 2014 Sochi Olympics, where one
of the most elaborate doping ploys in history took place.
The bill, the Rodchenkov Anti-Doping Act, takes its name
from Dr. Grigory Rodchenkov, the chemist who ran Russia's
antidoping laboratory for 10 years before he spoke out about
the state-sponsored cheating he had helped carry out--most
notoriously in Sochi. At those Games, Dr. Rodchenkov said, he
concealed widespread drug use among Russia's top Olympians by
tampering with more than 100 urine samples with the help of
Russia's Federal Security Service.
Investigations commissioned by international sports
regulators confirmed his account and concluded that Russia
had cheated across competitions and years, tainting the
performance of more than 1,000 athletes. In early 2017,
American intelligence officials concluded that Russia's
meddling in the 2016 American election had been, in part, a
form of retribution for the Olympic doping scandal, whose
disclosures Russian officials blamed on the United States.
Nations including Germany, France, Italy, Kenya and Spain
have established criminal penalties for sports doping
perpetrated within their borders. Russia, too, passed a law
in 2017 that made it a crime to assist or coerce doping,
though no known charges have been brought under that law to
date.
Under the proposed American law, criminal penalties for
offenders would include a prison term of up to five years as
well as fines that could stretch to $250,000 for individuals
and $1 million for organizations.
``We could have real change if people think they could
actually go to jail for this,'' said Jim Walden, a lawyer for
Dr. Rodchenkov, who met with the lawmakers as they considered
the issue in recent months. ``I think it will have a
meaningful impact on coaches and athletes if they realize
they might not be able to travel outside of their country for
fear of being arrested?'
The legislation also authorizes civil actions for doping
fraud, giving athletes who may have been cheated in
competitions--as well as corporations acting as sponsors--the
right to sue in federal court to recover damages from people
who may have defrauded competitions.
Ms. Jackson Lee cited the American runner Alysia Montano,
who placed fifth in the 800 meters at the 2012 Summer
Olympics. Two Russian women who placed first and third in
that race were later disqualified for doping, elevating Ms.
Montano years later. ``She had rightfully finished third,
which would have earned her a bronze medal:' Ms. Jackson Lee
said, noting the financial benefits and sponsorships Ms.
Montano could have captured.
[[Page H8342]]
The bill would establish a window of seven years for
criminal actions and 10 years for civil lawsuits. It also
seeks to protect whistle-blowers from retaliation, making it
illegal to take ``adverse action'' against a person because
he or she has disclosed information about doping fraud.
Dr. Rodchenkov, who has lived in the United States since
fall 2015, has been criminally charged in Russia after he
publicly deconstructed the cheating he said he carried out on
orders from a state minister.
``While he was complicit in Russia's past bad acts, Dr.
Rodchenkov regrets his past role in Russia's state-run doping
program and seeks to atone for it by aiding the effort to
clean up international sports and to curb the corruption
rampant in Russia,'' Ms. Jackson Lee said, calling Tuesday's
bill ``an important step to stemming the tide of Russian
corruption in sport and restoring confidence in international
competition.''
Ms. JACKSON LEE. Mr. Speaker, I introduced this bill, as I said, with
Mr. Burgess of Texas because the widespread use of performance-
enhancing substances had come to light in recent years, harming
athletes and fans alike.
Clean U.S. athletes and sports organizations that participate in
these competitions, as well as their U.S. sponsors, are denied their
due recognition and economic rewards. Young people who have worked all
of their lives for this miraculous and important time in their lives
and their fans lose when the legitimacy and integrity of the
competition they enjoy are debased.
{time} 1545
In recent years, there have been numerous allegations and instances
of doping by professional and amateur athletes. The Summer and Winter
Olympic Games, in particular, have been plagued with doping scandals,
which has left an indelible stain on the reputation of those major
international sports events.
The infamous Russian doping scandal during the 2014 Sochi Winter
Olympics is one notable example of the corruption and fraud that has
damaged the integrity of sports competitions. After the Sochi games,
whistleblowers Yuliya Stepanova, a former Russian track star, and her
husband, Vitaly Stepanov, a former employee at the Russian Anti-Doping
Agency, exposed the Russian Government's vast state-sponsored doping
system, which subsequently led to further revelations by Dr. Grigory
Rodchenkov, the chemist who ran the Russian anti-doping laboratory.
Mr. Speaker, they simply could not take it anymore. Mr. Rodchenkov
became a whistleblower and exposed the dozens of Russian athletes
participating in the Sochi games, including 15 medal winners, who were
part of a state-run doping program.
In addition, Dr. Rodchenkov revealed that with the help of Russian
intelligence--I want our Members to hear that again--Russian
intelligence--the laboratory switched steroid-tainted urine of the
Russian national team with clean samples, evading positive detection.
It was an intelligence catastrophe, using that community to undermine
the healthy work and the healthy commitment and participation of
athletes all around the world.
The ineffective response from international organizations with
oversight responsibilities, such as the World Anti-Doping Agency, the
Court of Arbitration for Sport, and the International Olympic Committee
has only emboldened the Russian Government.
Although Russia has denied its involvement, evidence shows that it
operated a systematic state-sponsored doping program and cover-up
scheme.
Russia has cheated and defrauded all Olympic athletes, including its
own and the general public, and has degraded the meaning and purpose of
the games. Unfortunately, because the orchestrators of the Russian
doping scandal operated with the blessing of the Russian Government,
and because there is no legal mechanism in the United States to bring
them to justice, they all escaped punishment for their actions. But
imagine the hurt of all of these young athletes, in all of the
countries, who worked so hard all of their life.
Currently, there is no Federal statute that provides explicit,
comprehensive protection against doping conspiracies in international
sports competitions, and the actions are crying out for relief. The
Federal statutory protections that currently exist are limited, and
criminalize activities, such as conspiracies to commit wire and mail
fraud, bribery, kickbacks, and money laundering.
This legislation that we have introduced would fill that gap by
establishing appropriate criminal penalties and civil penalties for
international doping fraud. In addition to imposing criminal penalties
on the conspirators, the bill would authorize private civil actions for
doping fraud, which would give athletes and corporate sponsors the
right to sue in Federal court to recover damages from individuals who
may have defrauded competitions.
We thought it was extremely important to cover our corporate
sponsors. They willingly and enthusiastically help these young
athletes, particularly these amateur athletes who have no other sources
of income. They provide our international competition the support to
have these athletes travel and provide other necessities so that they
can compete without worry.
This bill will provide justice to clean U.S. athletes, such as
Olympic runner Alysia Montano, skeleton racer Katie Uhlaender,
bobsledder Steve Holcomb, and many other champions who pursue
excellence over glory. They have been denied medals that were
rightfully theirs and cheated out of lucrative opportunities such as
sponsorships. Most importantly, they have been deprived of the pride of
seeing their country's flag being raised on the Olympic podium, an
emotional moment that was stolen from them.
In the case of Mr. Holcomb, his bobsled team's bronze medal was
upgraded to silver in the spring of 2019 after the Russian teams were
disqualified for doping offenses during the 2014 Sochi games.
Tragically, Mr. Holcomb was not here to see it, having died in 2017.
This bill also would provide much-needed protection and support for
brave whistleblowers, such as Dr. Rodchenkov, who appeared here in the
United States before the Helsinki Commission, and the Stepanovs, who
have exposed major international doping fraud conspiracies, all at
considerable personal risk and sacrifice. They should be honored. The
exposure of this criminal activity would not have occurred without the
courage and strength of these individuals, and this legislation would
not have the very strong basis upon which it is written.
Accordingly, I support H.R. 835, and I ask my colleagues to do so.
Mr. Speaker, the proliferation of legal performance-enhancing drugs
(``PEDs'') in sports damages the integrity of competition and defrauds
individuals and corporate entities who participate in sporting
competitions, including clean U.S. athletes and U.S. corporate
sponsors.
However, due to the efforts of gallant whistleblowers, the complex
inner workings of large-scale doping schemes are public knowledge.
In 2016, Dr. Grigory Rodchenkov exposed the Russian state-sponsored
doping scandal during the 2014 Sochi Olympics, which teams were
disqualified for doping offenses during the 2014 Sochi Games.
Tragically, Mr. Holcomb was not here to see it, having died in 2017.
The Rodchenkov Act comes at a crucial time for the international
fight against doping in sports and is supported by the U.S. Helsinki
Commission.
On October 14, 2019, the New York Times reported that, as suspected,
Russia made thousands of changes to the drug-test results of an
unspecified number of its athletes, the head of the country's own
antidoping agency said this week, confirming the suspicions of global
officials who are considering severe penalties against Russian sports
programs.
The Russian doping fraud scandal shook the very foundations of the
global anti-doping system and the problem shows no signs of stopping.
The ultimate victims of doping fraud are clean athletes, who want
nothing more than to compete on a level playing field.
There are countless examples of U.S. athletes who have been defrauded
by international doping fraud conspiracies.
These athletes are deprived of Olympic glory and denied their
rightful prize money and sponsorships.
The Rodchenkov Act is fully compatible with the UNESCO Convention
Against Doping in Sport and the World Anti-Doping Code, greatly
enhances the fight against doping by creating additional legal tools to
help guard against the type of behavior discovered in the Russian
doping scandal.
By criminalizing international doping conspiracies, the Rodchenkov
Act provides law enforcement with a greater ability to investigate and
pursue, and ultimately hold accountable, doping fraud perpetrators.
In addition, this act will provide doping whistleblowers the same
protections that are given
[[Page H8343]]
to whistleblowers of other serious crimes, and are all acutely aware of
the current importance of protecting whistleblowers.
This legislation is not only vital, but it is fully consistent with
international law.
I urge my colleagues on both sides of the aisle to support this
legislation.
Mr. Speaker, we all have an interest in ensuring that our country and
our athletes are not defrauded in international sports competitions.
This bipartisan bill would fill an unfortunate gap with regard to the
U.S. law enforcement to hold accountable those who engage in such
fraud. It would also serve as a deterrent to those considering engaging
in doping fraud conspiracies, and would provide a mechanism to gain
visibility into a wider net of international corrupt practices that are
connected to doping fraud.
I urge my colleagues to support this commonsense measure.
Mr. Speaker, H.R. 835, the ``Rodchenkov Anti-Doping Act of 2019,''
would strengthen the integrity of international sports competitions by
imposing criminal sanctions on certain persons involved in
international doping fraud conspiracies. It would also provide
restitution for victims of such conspiracies, and would require
coordination and sharing of information with the United States Anti-
Doping Agency to assist its fight against doping.
I introduced this bill along with Mr. Burgess of Texas, because the
widespread use of performance enhancing substances has come to light in
recent years, harming athletes and fans alike. Clean U.S. athletes and
sports organizations who participate in these competitions, as well as
their U.S. sponsors, are denied their due recognition and economic
rewards. And their fans lose when the legitimacy and integrity of the
competitions they enjoy are debased.
In recent years, there have been numerous allegations and instances
of doping by professional and amateur athletes. The summer and winter
Olympic Games, in particular, have been plagued with doping scandals,
which has left an indelible stain on the reputation of these major
international sports events.
The infamous Russian doping scandal during the 2014 Sochi Winter
Olympics is one notable example of the corruption and fraud that has
damaged the integrity of sports competitions. After the Sochi Games,
whistleblowers Yuliya Stepanova, a former Russian track star, and her
husband Vitaly Stepanov, a former employee at the Russian Anti-Doping
Agency, exposed the Russian Government's vast state-sponsored doping
system, which subsequently led to further revelations by Dr. Grigory
Rodchenkov, the chemist who ran the Russian anti-doping laboratory.
Dr. Rodchenkov became a whistleblower and exposed the dozens of
Russian athletes participating in the Sochi Games, including 15 medal
winners, who were part of a state-run doping program. In addition, Dr.
Rodchenkov revealed that with the help of Russian intelligence, the
laboratory switched steroid-tainted urine of the Russian national team
with clean samples, evading positive detection.
The ineffective response from international organizations with
oversight responsibilities, such as the World Anti-Doping Agency, the
Court of Arbitration for Sport, and the International Olympic
Committee, has only emboldened the Russian Government. Although Russia
has denied its involvement, evidence shows that it operated a
systematic, state-sponsored doping program and cover-up scheme.
Russia has cheated and defrauded all the Olympic athletes, including
its own, and the general public, and has degraded the meaning and
purpose of the Games. Unfortunately, because the orchestrators of the
Russian doping scandal operated with the blessing of the Russian
government, and because there is no legal mechanism in the United
States to bring them to justice, they all escaped punishment for their
actions.
Currently, there is no federal statute that provides explicit
comprehensive protection against doping conspiracies in international
sports competitions. The federal statutory protections that currently
exist are limited, and criminalize activities such as conspiracies to
commit wire and mail fraud, bribery, kickbacks, and money laundering.
This legislation would fill that gap by establishing appropriate
criminal penalties and civil remedies for international doping fraud.
In addition to imposing criminal penalties on the conspirators, the
bill would authorize private civil actions for doping fraud, which
would give athletes and corporate sponsors the right to sue in federal
court to recover damages from individuals who may have defrauded
competitions.
This bill would provide justice to clean U.S. athletes, such as
Olympic runner Alysia Montario, skeleton racer Katie Uhlaender,
bobsledder Steve Holcomb, and many other champions who pursue
excellence over glory. They have been denied medals that were
rightfully theirs and cheated out of lucrative opportunities, such as
sponsorships. Most importantly, they have been deprived of the pride of
seeing their country's flag being raised on the Olympic podium an
emotional moment that was stolen from them.
In the case of Mr. Holcomb, his bobsled team's bronze medals were
upgraded to silver in the spring of 2019, after the Russian teams were
disqualified for doping offenses during the 2014 Sochi Games.
Tragically, Mr. Holcomb was not here to see it, having died in 2017.
This bill also would also provide much-needed protection and support
for brave whistleblowers, such as Dr. Rodchenkov and the Stepanovas,
who have exposed major international doping fraud conspiracies at
considerable personal risk and sacrifice. The exposure of this criminal
activity would not have occurred without the courage and strength of
these individuals.
Accordingly, I support H.R. 835.
Mr. Speaker, we all have an interest in ensuring that our country and
our athletes are not defrauded in international sports competitions.
This bipartisan bill would fill an unfortunate gap with regard to the
U.S. law enforcement to hold accountable those who engage in such
fraud. It would also serve as a deterrent to those considering engaging
in doping fraud conspiracies, and would provide a mechanism to gain
visibility into a wider net of international corrupt practices that are
connected to doping fraud.
I urge my colleagues to support this commonsense measure.
Mr. Speaker, I reserve the balance of my time.
House of Representatives,
Committee on the Judiciary,
Washington, DC, October 18, 2019.
Hon. Frank Pallone, Jr.,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
Dear Chairman Pallone: I am writing to you concerning H.R.
835, the ``Rodchenkov Anti-Doping Act of 2019.''
I appreciate your willingness to work cooperatively on this
legislation. I recognize that the bill contains provisions
that fall within the jurisdiction of the Committee on Energy
and Commerce. I acknowledge that your Committee will not
formally consider H.R. 835 and agree that the inaction of
your Committee with respect to the bill does not waive any
future jurisdictional claim over the matters contained in
H.R. 835 which fall within your Committee's Rule X
jurisdiction.
I will ensure that our exchange of letters is included in
the Congressional Record during floor consideration of the
bill. I appreciate your cooperation regarding this
legislation and look forward to continuing to work with you
as this measure moves through the legislative process.
Sincerely,
Jerrold Nadler,
Chairman.
____
House of Representatives,
Committee on Energy and Commerce,
Washington, DC, October 18, 2019.
Hon. Jerrold Nadler,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Chairman Nadler: I am writing to you concerning H.R.
835, the ``Rodchenkov Anti-Doping Act of 2019,'' which was
additionally referred to the Committee on Energy and
Commerce. Certain provisions in the bill fall within the
jurisdiction of the Committee on Energy and Commerce. In the
interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
the Committee on Energy and Commerce agrees to waive formal
consideration of the bill.
The Committee takes this action with the mutual
understanding that it is not waiving any jurisdictional claim
over this or similar legislation, and that the Committee will
be appropriately consulted and involved as this bill or
similar legislation moves forward so that we may address any
remaining issues within our jurisdiction. I further request
that you support my request to name members of the Committee
on Energy and Commerce to any conference committee to
consider such provisions.
Finally, I would appreciate a response to this letter
confirming this understanding and your inclusion of that
response into the Congressional Record during floor
consideration of H.R. 835.
Sincerely,
Frank Pallone, Jr,
Chairman.
____
House of Representatives,
Committee on the Judiciary,
Washington, DC, October 18, 2019.
Hon. Frank Pallone, Jr.,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
Dear Chairman Pallone: I am writing to acknowledge your
letter dated October 18, 2019 responding to our request to
your Committee that it waive any jurisdictional claims over
the matters contained in H.R. 835, the ``Rodchenkow Anti-
Doping Act of 2019,'' that fall within your Committee's Rule
X jurisdiction. The Committee on the Judiciary confirms our
mutual understanding that your Committee does not waive any
jurisdiction over the subject matter contained in this or
similar legislation,
[[Page H8344]]
and your Committee will be appropriately consulted and
involved as the bill or similar legislation moves forward so
that we may address any remaining issues within your
Committee's jurisdiction.
I will ensure that this exchange of letters is included in
the Congressional Record during floor consideration of the
bill. I appreciate your cooperation regarding this
legislation and look forward to continuing to work with you
as this measure moves through the legislative process.
Sincerely,
Jerrold Nadler,
Chairman.
Mr. CLINE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I thank the gentlewoman from Texas for her leadership on
this issue, and I thank the members of the committee for their hard
work.
Mr. Speaker, amateur and professional sports are an essential part of
American society. We spend over $50 billion each year on sporting
events. Billions more in revenue are generated from advertising,
athlete endorsements, and broadcast rights of thousands of sporting
events each year. The impact of sports in the United States is over
half a trillion dollars, and the effects on local, State, national, and
global economies are considerable.
In other words, there is a great deal at stake. The integrity of
leagues, coaches, athletes, and their sponsors is critical. Governments
around the world sponsor their athletes in amateur sports, most notably
in the Olympics. Scandals over the past 20 years involving doping and
the use of performance-enhancing drugs have tarnished the reputations
of players and coaches, and especially clean athletes who follow the
rules and do not use prohibited drugs and substances.
The widespread doping by Russian athletes at the 2014 Winter Olympics
led to Russia being banned from the 2018 Winter Olympics. Subsequent
investigation revealed a massive government-sponsored doping program
where a Russian drug testing laboratory director used a three-drug
cocktail of anabolic steroids to boost the performance of Russian
athletes. Even more distressing, Russian intelligence operatives
switched the steroid-tainted urine samples of the Russian athletes with
clean samples. In the end, 43 Olympic medals were stripped from Russia
for doping violations.
Federal law already contains penalties for kickbacks, bribery,
corruption, foreign corrupt practices, and related crimes. However, it
does not criminalize fraud through doping in international sport
competitions, nor does it provide protections for the victims of doping
fraud, such as athletes and whistleblowers.
H.R. 835 would enhance America's jurisdiction over international
sports and help ensure the integrity of athletes and coaches in the
Olympics and similar competitions.
Doping fraud conspiracies harm clean athletes and their coaches and
cosponsors. They also defraud those who pay to watch sporting events
and set an extremely poor example for our youth. It is time for the
United States to join several European nations and add another means by
which criminals engaged in doping fraud can be held accountable for
their actions and no longer tarnish the honor and image of clean
athletes.
This bill is a unique example of bipartisan efforts. I am encouraged
by the ability of Members and staff from both sides of the aisle to
craft legislation which will help root out fraud and corruption in
international sports.
As the lead sponsor of several other bipartisan pieces of
legislation, I look forward to finding more common ground for the
benefit of the American people. I am pleased to support this bill, and
I urge my colleagues to support it, as well.
Mr. Speaker, I reserve the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I continue to reserve the balance of my
time.
Mr. CLINE. Mr. Speaker, I am pleased to yield 4 minutes to the
gentleman from Texas (Mr. Burgess).
Mr. BURGESS. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, I rise today in support of H.R. 835, the Rodchenkov
Anti-Doping Act, a bill that was introduced with Ms. Jackson Lee to
combat international doping schemes.
The bill is named after Dr. Grigory Rodchenkov, the former head of
Russia's anti-doping agency lab that blew the whistle on the massive,
state-run doping scheme that led the International Olympic Committee to
suspend Russia from the 2018 Winter Olympics.
From 2011 to 2015, over 1,000 Russian athletes in 30 sports benefited
from an illegal program executed by numerous Russian state agencies at
the direction of Russian President Putin.
Another whistleblower, Yuliya Stepanova, revealed information that
led to the formation of an independent commission at the World Anti-
Doping Agency that investigated finding a deeply-rooted culture of
cheating that existed in Russia. We heard from Ms. Stepanova and the
lawyer for Dr. Rodchenkov during the Helsinki Commission hearing in
July of 2018. Also present was Katie Uhlaender, who had been defrauded
and cheated out of an Olympic medal as a result of the Russian doping
scheme. No athlete should be subjected to doping, either through a
state-run program or as a clean competitor.
In 2015, the Russian Anti-Doping Agency entered into a Roadmap to
Code Compliance agreement with the World Anti-Doping Agency involving
31 criteria for the Russian agency to be reinstated. Russia's agreement
to deliver additional drug-test lab samples is one of the reasons the
World Anti-Doping Agency agreed to reinstate the Russian Anti-Doping
Agency in 2018.
But, just last week, the current head of the Russian Anti-Doping
Agency said thousands of changes were made to those drug-test results.
The World Anti-Doping Agency had only been able to verify the
authenticity of a portion of the provided samples, and these statements
confirmed that Russia is still intent on cheating in international
sport competitions. The World Anti-Doping Agency is currently
considering how to respond, including possibly designating Russia as
noncompliant and suspending Russian athletes from international sport
competitions until that country is again designated as compliant.
But the doping program goes beyond just harming clean athletes.
President Putin views this type of illegal scheme as a geopolitical
tool to characterize the West as unfair and oppressive. One year ago,
the United States Department of Justice indicted seven Russian military
intelligence officials for a cyberattack on the United States and other
international organizations because they exposed Russia's state-run
doping scheme and for protecting the whistleblowers, namely Dr.
Rodchenkov.
The Rodchenkov Anti-Doping Act would combat this type of illegal
doping scheme and limit Russia's sphere of influence as they seek to
undermine Western values around the world. This bill will criminalize
knowingly facilitating a doping scheme in a major international sport
competition where United States athletes are competing, and the
competition organizer receives sponsorship or financial support from a
U.S. entity. The bill also allows U.S. citizens to pursue civil action
against deceptive competition and provides protection for
whistleblowers.
The Rodchenkov Anti-Doping Act will ensure that athletes' rights are
respected, whistleblowers are protected, and criminals are brought to
justice. The bill will restore the integrity of international sport
competition and uphold the rule of law around the world.
Mr. Speaker, I urge my colleagues to support the bill.
Ms. JACKSON LEE. Mr. Speaker, I have no further speakers, and I
continue to reserve the balance of my time.
Mr. CLINE. Mr. Speaker, in closing, again, I would say that this is
an important bill designed to restore integrity to international sport
competition. Right now, you only need to look outside in the Nation's
Capital to see that World Series fear has hit our Nation's Capital. As
we all watch with enthusiasm, we are reminded of the noble goals and
noble values inherent in sport and competition and look to preserve
those goals and values with the passage of this legislation.
Mr. Speaker, I urge its passage, and I yield back the balance of my
time.
Ms. JACKSON LEE. Mr. Speaker, I thank the gentleman from Virginia for
his kind remarks and support. And I thank Dr. Burgess, as well, for his
involvement and commitment to this
[[Page H8345]]
legislation. I also thank the chairman and ranking member of the
Judiciary Committee for really helping us move this bill very quickly.
I thank the staffs of both the majority and the minority who have
worked so very hard on moving this bill forward. And I acknowledge, in
particular, the staff on the Subcommittee on Crime, Terrorism, and
Homeland Security for their particular help and leadership on this.
{time} 1600
Mr. Speaker, I am glad that we are talking about healthy sports and
the recognition and the acceptance, if you will, of those who worked so
long and so hard, many from their earlier years, to be Olympians, to
play baseball, basketball, football, track, and the many sports that
come under the Olympic mandate.
This bill, in particular, I wish to remind our colleagues, again,
provides relief, but we really hope it is a deterrent and works to move
other nations, the European Union, to be able to establish these kinds
of responses to doping.
This act establishes criminal penalties for participating in a scheme
in commerce to influence a major international sports competition
through prohibitive substances or methods. It also provides restitution
to victims of such conspiracy, athletes in particular, many of whom
have suffered great losses because of this fraud.
It protects whistleblowers from retaliation by criminalizing
participation in international doping fraud conspiracies.
Whistleblowers will be included under existing witness protection laws.
It establishes coordination and sharing information with the U.S.
Anti-Doping Agency to establish a matrix, if you will, a format.
I want to say that we all have an interest in ensuring our country
and our athletes are not defrauded in international sports
competitions. This bipartisan bill would fill an unfortunate gap with
regard to U.S. law enforcement to hold accountable those who engage in
such fraud.
It would also serve as a deterrent to those considering engaging in
doping-fraud conspiracies and would provide a mechanism to gain
visibility in a wider net of international corrupt practices that are
connected to doping fraud.
I leave my colleagues with the very visual that so many of us, if we
were not able to be at the Olympics, watched as our athletes were able
to stand under our flag, the emotion of that moment, the emotion of the
athletes, the emotion of those watching, the excitement of standing in
honor of your Nation and representing your Nation. Anyone who has
talked to an Olympian knows that that is one of their greatest honors.
Let's give them that honor fair and square, if you will.
Since we believe in fairness and squareness in all of our athletic
endeavors here in the United States, I certainly will end, as my friend
commented here on the floor, I will end with the healthiness and the
upstanding of the World Series and those who will play in it.
I will take the opportunity at this time to say: Go Astros.
I urge my colleagues to support the underlying, commonsense measure,
and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Texas (Ms. Jackson Lee) that the House suspend the
rules and pass the bill, H.R. 835, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________