[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.

                          ____________________