--- kind: "diff" citation: "H.R. 835" bill: "116-hr-835" heading: "Rodchenkov Anti-Doping Act of 2019" from: "rh" from_label: "Reported in House" to: "eh" to_label: "Engrossed in House" sections_amended: 6 sections_added: 0 sections_removed: 0 url: "https://uscodex.org/bills/116/hr/835/changes/eh" --- # H.R. 835 — what changed H.R. 835, Rodchenkov Anti-Doping Act of 2019 — 6 sections amended between Reported in House and Engrossed in House. Edits are marked `struck` and `inserted`. ## Sec. 2 Definitions - (1) Anti-doping organization— The term anti-doping organization has the meaning given the term in Article 2 of the Convention. - Congress finds the following: - (2) Athlete— Doping fraud conspiracies which affect the results of Major International Sport Competitions harm The term athlete has the clean athletes, including meaning given the United States athletes, who participate term in those competitions by denying them their due recognition and economic rewards.Article 2 of the Convention. - (3) Code— Doping fraud conspiracies which affect the results of Major International Sport Competitions also harm the sponsors of clean athletes, including United States sponsors, whose sponsored athletes participate in these competitions by denying the sponsors The term Code means the recognition they would have received had their sponsored athletes not been cheated out of their rightful placement World Anti-Doping Code most recently adopted by doped competitors.WADA on March 5, 2003. - (4) Convention— Doping fraud conspiracies which affect The term Convention means the results of Major United Nations Educational, Scientific, and Cultural Organization International Convention Against Doping in Sport Competitions also harm the sponsors of those competitions done at Paris October 19, 2005, and ratified by debasing the legitimacy of the product which they have paid to sponsor.United States in 2008. - (5) Major international sport competition— Doping fraud conspiracies which affect the results of Major The term “Major International Sport Competitions also harm the media companies which broadcast those competitions by debasing the legitimacy of the product which they have paid to broadcast.Competition”— - (A) means a competition— - (i) in which one or more United States athletes and three or more athletes from other countries participate; - (ii) that is governed by the anti-doping rules and principles of the Code; and - (iii) in which— - (I) the competition organizer or sanctioning body receives sponsorship or other financial support from an organization doing business in the United States; or - (II) the competition organizer or sanctioning body receives compensation for the right to broadcast the competition in the United States; and - (B) includes a competition that is a single event or a competition that consists of a series of events held at different times which, when combined, qualify an athlete or team for an award or other recognition. - (6) Person— Doping fraud conspiracies which affect the results of Major International Sport Competitions also harm the general public who pay to watch these competitions in the expectation that they will be fair competitions competed on a level playing field.The term person means any individual, partnership, corporation, association, or other entity. - (7) Prohibited method— Doping fraud conspiracies which affect the results of Major International Sport Competitions also hurt the sport organizations whose athletes participate in those competitions because their supporters assume that the competitions in which The term prohibited method has the athletes participate are fair competitions which embody meaning given the fundamental social values of sport and not sham exhibitions rigged term in favor Article 2 of cheaters who dope.the Convention. - (8) Prohibited substance— Doping fraud conspiracies in Major International Sporting Competitions undermine The term prohibited substance has the integrity and value of not only those events but all organized sport around meaning given the world, including term in Article 2 of the United States.Convention. - (9) Scheme in commerce— The economic impact of sport term scheme in the United States economy exceeds over $500,000,000,000 yearly. Doping fraud conspiracies commerce means any scheme effectuated in Major International Sport Competitions seriously threaten whole or in part through the value of that sector use in interstate or foreign commerce of the United States economy.any facility for transportation or communication. - (10) USADA— Doping fraud conspiracies often beget other illegal activity, including bribery and money laundering.The term USADA means the United States Anti-Doping Agency. - (11) WADA— The term WADA means the World Anti-Doping Code, which first went into effect in 2003, has been an effective tool in the fight against international doping by significantly harmonizing the anti-doping rules of sport and the national laws of those countries which address sport doping through legislation.Agency. - (11) On August 25, 2003, the United States ratified the Convention. As a party to the Convention, the United States has agreed to “adopt appropriate measures at the national and international levels which are consistent with the Code … In abiding by the obligations contained in this Convention, each State Party undertakes to adopt appropriate measures. Such measures may include legislation, regulation, policies or administrative practices.” - (12) USADA was recognized by Congress, under the United States Anti-Doping Agency Reauthorization Act (Public Law 113–280; 128 Stat. 3020), as the independent anti-doping organization for the amateur athletic competitions recognized by the United States Olympic Committee. Both USADA and the United States Olympic Committee are Signatories to the World Anti-Doping Code. - (13) The mission of USADA is to preserve the integrity of competition, inspire true sport, and protect the rights of athletes. - (14) As a party to the Convention, the United States has also agreed to “insure the application of the present Convention, notably through domestic coordination. To meet their obligations under [the] Convention, States Parties may rely on Anti-Doping Organizations as well as sports authorities and organizations.” Because USADA does not have search and seizure or subpoena powers, this cooperation by Federal agencies is very important to USADA in carrying out its mission. - (15) Existing criminal statutes, such as conspiracy to commit wire fraud and conspiracy to commit mail fraud, have been important tools used by United States law enforcement agencies to fight corruption in connection with some Major International Sport Competitions. However, in other international sporting events, the facts of a doping fraud conspiracy may not support the use of existing laws. As is evident from the recent exposure of the doping fraud conspiracy in Russia involving the Sochi Olympic Games and other Major International Sport Competitions before and after such Olympic Games, whistleblowers, including Dr. Grigory Rodchenkov and Yuliya and Vitaliy Stepanov, can play a critical role in exposing doping fraud conspiracies and other fraudulent acts in international sport. - (16) These whistleblowers, including Dr. Grigory Rodchenkov and Yuliya and Vitaliy Stepanov, often expose major international doping fraud conspiracies at considerable personal risk. By criminalizing these conspiracies, such whistleblowers will be included under existing witness and informant protection laws. ## Sec. 3 Major international doping fraud conspiracies - (a) Anti-doping organization—In general— The term anti-doping organization has the meaning given the term 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 Article 2 commerce to influence by use of the Convention.a prohibited substance or prohibited method any major international sports competition. - (b) Athlete—Extraterritorial jurisdiction— The term athlete has the meaning given the term in Article 2 of the Convention.There is extraterritorial Federal jurisdiction over an offense under this section. - (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 means— - (A) a competition in which— - (i) 1 or more United States athletes and 3 or more athletes from other countries participate; and - (ii) - (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 - (5) Major international sport competition— The term “Major International Sport Competition”— - (A) means a competition— - (i) in which 1 or more United States athletes and 3 or more athletes from other countries participate; - (ii) that is governed by the anti-doping rules and principles of the Code; and - (iii) in which— - (I) the competition organizer or sanctioning body receives sponsorship or other financial support from an organization doing business in the United States; or - (II) the competition organizer or sanctioning body receives compensation for the right to broadcast the competition in the United States; and - (B) includes a competition that is a single event or a competition that consists of a series of events held at different times which, when combined, qualify an athlete or team for an award or other recognition. - (6) Person— The term person means any individual, partnership, corporation, association, or other entity. - (7) Prohibited method— The term prohibited method has the meaning given the term in Article 2 of the Convention. - (8) Prohibited substance— The term prohibited substance has the meaning given the term in Article 2 of the Convention. - (9) Scheme in commerce— The term scheme in commerce means any scheme effectuated in whole or in part through the use in interstate or foreign commerce of any facility for transportation or communication. - (10) USADA— The term USADA means the United States Anti-Doping Agency. - (11) WADA— The term WADA means the World Anti-Doping Agency. ## Sec. 4 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. - (a) In general— It shall be unlawful for any person, other than an athlete, to knowingly carry into effect, attempt to carry into effect, or conspire with any other person to carry into effect a scheme in commerce to influence by use of a prohibited substance or prohibited method any major international sports competition. - (b) Extraterritorial jurisdiction— There is extraterritorial Federal jurisdiction over an offense under this section. ## Sec. 5 Restitution - Section 3663A of title 18, United States Code, is amended in subsection (c)— - (1) in paragraph (1)(A)— - (a) In general— - (1) Criminal penalty— Whoever violates section 4 shall be sentenced to a term of imprisonment for not more than 10 years, fined $250,000 if the person is an individual or $1,000,000 if the defendant is other than an individual, or both. - (2) Forfeiture— Any property real or personal used in violation of section 4 may be seized and forfeited to the United States. - (2) Forfeiture— Any property real or personal, tangible or intangible, may be seized and criminally forfeited to the United States if that property— - (A) is used or intended to be used, in any manner, to commit or facilitate a violation of section 4; or - (B) constitutes or is traceable to the proceeds taken, obtained, or retained in connection with or as a result of a violation of section 4. - (b) Limitation on prosecution— - (A) In general— No person shall be prosecuted, tried, or punished for violation of section 4 unless the indictment is returned or the information is filed within 10 years after the date on which the offense was completed.by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; and - (B) Tolling— Upon application in the United States, filed before a return of an indictment, indicating that evidence of an offense under this chapter is in a foreign country, the district court before which a grand jury is impaneled to investigate the offense shall suspend the running of this statute of limitation for the offense if the court finds by a preponderance of the evidence that an official request has been made for such evidence and that it reasonably appears, or reasonably cleared appeared at the time inserting after clause (ii) the request was made, that such evidence is, or was, in such foreign country.following: - “(iii) an offense described in section 3 of the Rodchenkov Anti-Doping Act of 2019;” - (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 - Section 3663A Except as otherwise prohibited by law and except in cases in which the integrity of title 18, a criminal investigation would be affected, in furtherance of the obligation of the United States Code, is amended 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 subsection (c)—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. - (1) in paragraph (1)(A)— - (A) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; and - (B) by inserting after clause (ii) the following: - “(iii) an offense described in section 4 of the Rodchenkov Anti-Doping Act of 2019;” - (2) in paragraph (3), in the matter preceding clause (i), by inserting “or (iii)” after “paragraph (1)(A)(ii)”. ## Sec. 7 Determination of Budgetary Effects - 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 The budgetary effects of this Act, and the Convention, amendments made by this Act, for the Department purpose of Justice, complying with the Department Statutory Pay-As-You-Go Act of Homeland Security, and the Food and Drug Administration 2010, shall coordinate with USADA with regard to any investigation related to a potential violation of section 4 of this Act or anti-doping rules adopted be determined by USADA pursuant to the Code, reference to include sharing with USADA all information in the possession latest statement titled “Budgetary Effects of PAYGO Legislation” for this Act, submitted for printing in the Department of Justice, Congressional Record by the Department Chairman of Homeland Security, or the Food and Drug Administration which may be relevant to any House Budget Committee, provided that such potential violation.statement has been submitted prior to the vote on passage.