Rodchenkov Anti-Doping Act of 2019

II 116TH CONGRESS 1ST SESSION S. 259 To impose criminal sanctions on certain persons involved in international doping fraud conspiracies, to provide restitution for victims of such conspiracies, and to require sharing of information with the United States Anti-Doping Agency to assist its fight against doping, and for other purposes. IN THE SENATE OF THE UNITED STATES JANUARY 29, 2019 Mr. WHITEHOUSE (for himself, Mr. WICKER, Mr. CARDIN, and Mr. RUBIO) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To impose criminal sanctions on certain persons involved in international doping fraud conspiracies, to provide restitution for victims of such conspiracies, and to re- quire sharing of information with the United States Anti- Doping Agency to assist its fight against doping, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Rodchenkov Anti- 4 Doping Act of 2019’’. 5 VerDate Sep 11 2014 21:48 Feb 05, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S259.IS S259 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 259 IS SEC. 2. FINDINGS. 1 Congress finds the following: 2 (1) Doping fraud conspiracies which affect the 3 results of Major International Sport Competitions 4 harm the clean athletes, including the United States 5 athletes, who participate in those competitions by 6 denying them their due recognition and economic re- 7 wards. 8 (2) Doping fraud conspiracies which affect the 9 results of Major International Sport Competitions 10 also harm the sponsors of clean athletes, including 11 United States sponsors, whose sponsored athletes 12 participate in these competitions by denying the 13 sponsors the recognition they would have received 14 had their sponsored athletes not been cheated out of 15 their rightful placement by doped competitors. 16 (3) Doping fraud conspiracies which affect the 17 results of Major International Sport Competitions 18 also harm the sponsors of those competitions by de- 19 basing the legitimacy of the product which they have 20 paid to sponsor. 21 (4) Doping fraud conspiracies which affect the 22 results of Major International Sport Competitions 23 also harm the media companies which broadcast 24 those competitions by debasing the legitimacy of the 25 product which they have paid to broadcast. 26 VerDate Sep 11 2014 21:48 Feb 05, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S259.IS S259 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 259 IS (5) Doping fraud conspiracies which affect the 1 results of Major International Sport Competitions 2 also harm the general public who pay to watch these 3 competitions in the expectation that they will be fair 4 competitions competed on a level playing field. 5 (6) Doping fraud conspiracies which affect the 6 results of Major International Sport Competitions 7 also hurt the sport organizations whose athletes par- 8 ticipate in those competitions because their sup- 9 porters assume that the competitions in which the 10 athletes participate are fair competitions which em- 11 body the fundamental social values of sport and not 12 sham exhibitions rigged in favor of cheaters who 13 dope. 14 (7) Doping fraud conspiracies in Major Inter- 15 national Sporting Competitions undermine the integ- 16 rity and value of not only those events but all orga- 17 nized sport around the world, including the United 18 States. 19 (8) The economic impact of sport in the United 20 States economy exceeds over $500,000,000,000 21 yearly. Doping fraud conspiracies in Major Inter- 22 national Sport Competitions seriously threaten the 23 value of that sector of the United States economy. 24 VerDate Sep 11 2014 21:48 Feb 05, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S259.IS S259 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 259 IS (9) Doping fraud conspiracies often beget other 1 illegal activity, including bribery and money laun- 2 dering. 3 (10) The World Anti-Doping Code, which first 4 went into effect in 2003, has been an effective tool 5 in the fight against international doping by signifi- 6 cantly harmonizing the anti-doping rules of sport 7 and the national laws of those countries which ad- 8 dress sport doping through legislation. 9 (11) On August 25, 2003, the United States 10 ratified the Convention. As a party to the Conven- 11 tion, the United States has agreed to ‘‘adopt appro- 12 priate measures at the national and international 13 levels which are consistent with the Code . . . In 14 abiding by the obligations contained in this Conven- 15 tion, each State Party undertakes to adopt appro- 16 priate measures. Such measures may include legisla- 17 tion, regulation, policies or administrative prac- 18 tices.’’. 19 (12) USADA was recognized by Congress, 20 under the United States Anti-Doping Agency Reau- 21 thorization Act (Public Law 113–280; 128 Stat. 22 3020), as the independent anti-doping organization 23 for the amateur athletic competitions recognized by 24 the United States Olympic Committee. Both 25 VerDate Sep 11 2014 21:48 Feb 05, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S259.IS S259 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 259 IS USADA and the United States Olympic Committee 1 are Signatories to the World Anti-Doping Code. 2 (13) The mission of USADA is to preserve the 3 integrity of competition, inspire true sport, and pro- 4 tect the rights of athletes. 5 (14) As a party to the Convention, the United 6 States has also agreed to ‘‘insure the application of 7 the present Convention, notably through domestic 8 coordination. To meet their obligations under [the] 9 Convention, States Parties may rely on Anti-Doping 10 Organizations as well as sports authorities and orga- 11 nizations.’’. Because USADA does not have search 12 and seizure or subpoena powers, this cooperation by 13 Federal agencies is very important to USADA in 14 carrying out its mission. 15 (15) Existing criminal statutes, such as con- 16 spiracy to commit wire fraud and conspiracy to com- 17 mit mail fraud, have been important tools used by 18 United States law enforcement agencies to fight cor- 19 ruption in connection with some Major International 20 Sport Competitions. However, in other international 21 sporting events, the facts of a doping fraud con- 22 spiracy may not support the use of existing laws. As 23 is evident from the recent exposure of the doping 24 fraud conspiracy in Russia involving the Sochi Olym- 25 VerDate Sep 11 2014 21:48 Feb 05, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S259.IS S259 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 259 IS pic Games and other Major International Sport 1 Competitions before and after such Olympic Games, 2 whistleblowers, including Dr. Grigory Rodchenkov 3 and Yuliya and Vitaliy Stepanov, can play a critical 4 role in exposing doping fraud conspiracies and other 5 fraudulent acts in international sport. 6 (16) These whistleblowers, including Dr. Grig- 7 ory Rodchenkov and Yuliya and Vitaliy Stepanov, 8 often expose major international doping fraud con- 9 spiracies at considerable personal risk. By criminal- 10 izing these conspiracies, such whistleblowers will be 11 included under existing witness and informant pro- 12 tection laws. 13 SEC. 3. DEFINITIONS. 14 (1) ANTI-DOPING ORGANIZATION.—The term 15 ‘‘anti-doping organization’’ has the meaning given 16 the term in Article 2 of the Convention. 17 (2) ATHLETE.—The term ‘‘athlete’’ has the 18 meaning given the term in Article 2 of the Conven- 19 tion. 20 (3) CODE.—The term ‘‘Code’’ means the World 21 Anti-Doping Code most recently adopted by WADA 22 on March 5, 2003. 23 (4) CONVENTION.—The term ‘‘Convention’’ 24 means the United Nations Educational, Scientific, 25 VerDate Sep 11 2014 21:48 Feb 05, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S259.IS S259 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 259 IS and Cultural Organization International Convention 1 Against Doping in Sport done at Paris October 19, 2 2005, and ratified by the United States in 2008. 3 (5) MAJOR INTERNATIONAL SPORT COMPETI- 4 TION.—The term ‘‘Major International Sport Com- 5 petition’’ means— 6 (A) a competition in which— 7 (i) 1 or more United States athletes 8 and 3 or more athletes from other coun- 9 tries participate; and 10 (ii)(I) the competition organizer or 11 sanctioning body receives sponsorship or 12 other financial support from an organiza- 13 tion doing business in the United States; 14 or 15 (II) the competition organizer or sanc- 16 tioning body receives compensation for the 17 right to broadcast the competition in the 18 United States; and 19 (B) includes a competition that is a single 20 event or a competition that consists of a series 21 of events held at different times which, when 22 combined, qualify an athlete or team for an 23 award or other recognition. 24 VerDate Sep 11 2014 21:48 Feb 05, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S259.IS S259 pamtmann on DSKBFK8HB2PROD with BILLS 8 •S 259 IS (6) PERSON.—The term ‘‘person’’ means any 1 individual, partnership, corporation, association, or 2 other entity. 3 (7) PROHIBITED METHOD.—The term ‘‘prohib- 4 ited method’’ has the meaning given the term in Ar- 5 ticle 2 of the Convention. 6 (8) PROHIBITED SUBSTANCE.—The term ‘‘pro- 7 hibited substance’’ has the meaning given the term 8 in Article 2 of the Convention. 9 (9) SCHEME IN COMMERCE.—The term 10 ‘‘scheme in commerce’’ means any scheme effec- 11 tuated in whole or in part through the use in inter- 12 state or foreign commerce of any facility for trans- 13 portation or communication. 14 (10) USADA.—The term ‘‘USADA’’ means the 15 United States Anti-Doping Agency. 16 (11) WADA.—The term ‘‘WADA’’ means the 17 World Anti-Doping Agency. 18 SEC. 4. MAJOR INTERNATIONAL DOPING FRAUD CONSPIR- 19 ACIES. 20 (a) IN GENERAL.—It shall be unlawful for any per- 21 son, other than an athlete, to knowingly carry into effect, 22 attempt to carry into effect, or conspire with any other 23 person to carry into effect a scheme in commerce to influ- 24 VerDate Sep 11 2014 21:48 Feb 05, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S259.IS S259 pamtmann on DSKBFK8HB2PROD with BILLS 9 •S 259 IS ence by use of a prohibited substance or prohibited method 1 any major international sports competition. 2 (b) EXTRATERRITORIAL JURISDICTION.—There is 3 extraterritorial Federal jurisdiction over an offense under 4 this section. 5 SEC. 5. CRIMINAL PENALTIES AND STATUTE OF LIMITA- 6 TIONS. 7 (a) IN GENERAL.— 8 (1) CRIMINAL PENALTY.—Whoever violates sec- 9 tion 4 shall be sentenced to a term of imprisonment 10 for not more than 10 years, fined $250,000 if the 11 person is an individual or $1,000,000 if the defend- 12 ant is other than an individual, or both. 13 (2) FORFEITURE.—Any property real or per- 14 sonal used in violation of section 4 may be seized 15 and forfeited to the United States. 16 (b) LIMITATION ON PROSECUTION.— 17 (1) IN GENERAL.—No person shall be pros- 18 ecuted, tried, or punished for violation of section 4 19 unless the indictment is returned or the information 20 is filed within 10 years after the date on which the 21 offense was completed. 22 (2) TOLLING.—Upon application in the United 23 States, filed before a return of an indictment, indi- 24 cating that evidence of an offense under this chapter 25 VerDate Sep 11 2014 21:48 Feb 05, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S259.IS S259 pamtmann on DSKBFK8HB2PROD with BILLS 10 •S 259 IS is in a foreign country, the district court before 1 which a grand jury is impaneled to investigate the 2 offense shall suspend the running of this statute of 3 limitation for the offense if the court finds by a pre- 4 ponderance of the evidence that an official request 5 has been made for such evidence and that it reason- 6 ably appears, or reasonably cleared at the time the 7 request was made, that such evidence is, or was, in 8 such foreign country. 9 SEC. 6. RESTITUTION. 10 Section 3663A of title 18, United States Code, is 11 amended in subsection (c)— 12 (1) in paragraph (1)(A)— 13 (A) by redesignating clauses (iii) and (iv) 14 as clauses (iv) and (v), respectively; and 15 (B) by inserting after clause (ii) the fol- 16 lowing: 17 ‘‘(iii) an offense described in section 4 18 of the Rodchenkov Anti-Doping Act of 19 2019;’’; and 20 (2) in paragraph (3), in the matter preceding 21 clause (i), by inserting ‘‘or (iii)’’ after ‘‘paragraph 22 (1)(A)(ii)’’. 23 VerDate Sep 11 2014 21:48 Feb 05, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S259.IS S259 pamtmann on DSKBFK8HB2PROD with BILLS 11 •S 259 IS SEC. 7. COORDINATION AND SHARING OF INFORMATION 1 WITH USADA. 2 Except as otherwise prohibited by law, in furtherance 3 of the obligation of the United States under Article 7 of 4 the Convention, the Department of Justice, the Depart- 5 ment of Homeland Security, and the Food and Drug Ad- 6 ministration shall coordinate with USADA with regard to 7 any investigation related to a potential violation of section 8 4 of this Act or anti-doping rules adopted by USADA pur- 9 suant to the Code, to include sharing with USADA all in- 10 formation in the possession of the Department of Justice, 11 the Department of Homeland Security, or the Food and 12 Drug Administration which may be relevant to any such 13 potential violation. 14 Æ VerDate Sep 11 2014 21:48 Feb 05, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\S259.IS S259 pamtmann on DSKBFK8HB2PROD with BILLS