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116th Congress } { Rept. 116-251
HOUSE OF REPRESENTATIVES
1st Session } { Part 1
======================================================================
RODCHENKOV ANTI-DOPING ACT OF 2019
_______
October 22, 2019.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Nadler, from Committee on the Judiciary, submitted the following
R E P O R T
[To accompany H.R. 835]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 835) 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, having considered the same, report favorably thereon
with amendments and recommend that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for the Legislation.......................... 2
Hearings......................................................... 10
Committee Consideration.......................................... 10
Committee Votes.................................................. 10
Committee Oversight Findings..................................... 10
New Budget Authority and Tax Expenditures and Congressional
Budget Office Cost Estimate.................................... 10
Duplication of Federal Programs.................................. 10
Performance Goals and Objectives................................. 11
Advisory on Earmarks............................................. 11
Section-by-Section Analysis...................................... 11
Changes in Existing Law Made by the Bill, as Reported............ 12
Committee Correspondence......................................... 15
The amendments (stated in terms of the page and line
numbers of the introduced bill) are as follows:
Page 2, strike line 4 and all that follows through line 14 on
page 6.
Page 7, strike lines 6 through 21 and insert the following:
(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
Page 9, strike lines 15 through 17, and insert the following:
(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.
Page 10, line 8 strike ``cleared'' and insert ``appeared''.
Page 11, line 3, insert after ``prohibited by law'' the
following: ``and except in cases in which the integrity of a
criminal investigation would be affected''.
Page 11, beginning on line 9, strike ``or anti-doping rules
adopted by USADA pursuant to the Code''.
Purpose and Summary
H.R. 835, the ``Rodchenkov Anti-Doping Act of 2019,''
imposes criminal sanctions under Title 18 of the United States
Code on certain persons involved in international doping fraud
conspiracies, provides restitution for victims of such
conspiracies, and requires sharing of information with the
United States Anti-Doping Agency (USADA) to assist its fight
against doping.
Background and Need for the Legislation
I. BACKGROUND
A. Doping in Sports
The use of performance enhancing substances in sport dates
back as far as Ancient Greece and the Roman Empire.\1\ But it
was not until the 1920s when the International Association of
Athletics Federation became the first world governing body to
ban doping by athletes.\2\ Years later, prompted in part by the
amphetamine-related death of British cyclist Tommy Simpson
during the Tour de France in 1967, the International Olympic
Committee established the Medical Commission to fight doping in
sports and a year later, the IOC instituted the first
compulsory drug testing at the Winter Olympic Games in
Grenoble, France and again at the Summer Olympic Games in
Mexico City.\3\ By the 1970s, most international sport
federations had introduced drug testing.\4\ About a year after
a major doping scandal at the 1998 Tour de France, the World
Anti-Doping Agency (WADA) was established.
---------------------------------------------------------------------------
\1\See Robert Alexandru Vlad, Gabriel Hancu, Gabriel Cosmin
Popescu, Ioana Andreea Lungu Doping in Sports, a Never-Ending Story,
Advanced Pharm. Bulletin (Nov. 29, 2018), https://www.ncbi.nlm.nih.gov/
pmc/articles/PMC6311632/; Claudia L. Reardon and Shane Creado, Drug
Abuse in Athletes, Substance Abuse and Rehab Vol. 2014:5, 95-105
(2014); Doping in sport: What is it and how is it being tackled? (Aug.
20, 2015), https://www.bbc.com/sport/athletics/33997246; Historical
Timeline: History of Performance Enhancing Drugs in Sport, (Aug. 13,
2013), https://sportsanddrugs.procon.org/
view.timeline.php?timelineID=000017.
\2\See id.
\3\Id.
\4\See Claudia L. Reardon and Shane Creado, Drug abuse in athletes,
Substance Abuse and Rehab. Vol. 2014:5, 95-105 (2014); Doping in sport:
What is it and how is it being tackled? (Aug. 20, 2015), https://
www.bbc.com/sport/athletics/33997246; Historical Timeline: History of
Performance Enhancing Drugs in Sport, (Aug. 13, 2013), https://
sportsanddrugs.procon.org/view.timeline.php?timelineID=000017.
---------------------------------------------------------------------------
There have been numerous allegations and instances of
doping in professional sports and international sports
competitions in recent years, including the doping scandals
involving former American professional cyclist Lance Armstrong,
Chinese swimmer Sun Yang, Uzbek wrestler Artur Taymazov,
Australian swimmer Shayna Jack, the blood doping scandal
involving athletes competing in the Nordic skiing world
championships, organized crime groups trafficking of
counterfeit medicines and doping materials, and many others.\5\
The summer and winter Olympic Games (Games, in particular have
been plagued with doping scandals throughout the years.\6\
---------------------------------------------------------------------------
\5\See Lance Armstrong Admits to Using Performance-Enhancing Drugs,
Nat'l Pub. Radio (Jan. 17, 2013), https://www.npr.org/sections/thetwo-
way/2013/01/17/169650077/lance-armstrong-to-admit-to-using-performance-
enhancing-drugs; Michelle R. Martinelli, Why Swimmers Are
Protesting against China's Sun Yang at World Championships, USA Today
(July 23, 2019), https://ftw.usatoday.com/2019/07/sun-yang-swimming-
world-championships-mack-horton-duncan-scott-protest-podium; Shayna
Jack Banned from Multimillion-Dollar Swim League after Failed Drug
Test, The Guardian (July 30, 2019), https://www.theguardian.com/sport/
2019/jul/30/shayna-jack-banned-from-multimillion-dollar-swim-league-
after-drug-testing; Why 2012 London Olympics Drug Cheats Are Still
Being Caught, The Guardian (Aug. 6, 2019); Francois Murphy, Nordic
Skiing: Five Athletes Arrested in Doping Raids at World Championships,
Reuters (Feb. 27, 2019), https://www.reuters.com/article/us-skiing-
doping-arrests/nordic-skiing-five-athletes-
arrested-in-doping-raid-at-world-championships-idUSKCN1QG1UF; Craig
Lord, WADA Joins Operation Viribus to Bring Down 17 Organised Crime
Groups Trafficking Doping, Swimming World Magazine (July 8, 2019),
https://www.swimmingworldmagazine.com/news/wada-joins-operation-
viribus-to-bring-down-17-organisers-crime-groups-trafficking-doping/.
\6\See https://www.olympic.org/.
---------------------------------------------------------------------------
B. International Sport Governance Structure
World Anti-Doping Agency
The IOC established the World Anti-Doping Agency (WADA) in
1999. WADA is the ``international independent organization
monitoring the global fight against doping in sport and the
custodian of the Word Anti-Doping Code (Code).''\7\ The Code
harmonizes anti-doping policies in all sports and all
countries.\8\
---------------------------------------------------------------------------
\7\See https://www.wadaama.org/sites/default/files/resources/files/
WADA_PK_Global_ADO_ Chart_200901_EN.pdf.
\8\See https://www.wada-ama.org/sites/default/files/
wada_2019_english_prohibited_list.pdf.
---------------------------------------------------------------------------
WADA also maintains the Prohibited List of substances and
methods in- and out-of-competition, which includes: (1)
substances prohibited at all times (both in-competition and
out-of-competition)--substances not approved for medical use,
anabolic agents (steroids which help build muscle mass),
peptide hormone, growth factors, related substances, and
mimetics, beta-2 agonists (for asthma), hormone and metabolic
modulators, diuretics and masking agents; (2) methods
prohibited at all times (both in-competition and out of
competition)--manipulation of blood and blood components,
chemical and physical manipulation, gene and cell doping; (3)
substances prohibited in-competition only--stimulants,
narcotics, cannabinoids, and glucocorticoids; and (4)
substances prohibited in particular sports--beta-blockers.\9\
---------------------------------------------------------------------------
\9\See https://www.wada-ama.org/sites/default/files/
wada_2019_english_prohibited_list.pdf; https://www.usada.org/
substances/prohibited-list/athlete-guide-2019-prohibited-list/https://
www.wada-ama.org/sites/default/files/resources/files/
WADA_PK_Global_ADO_Chart_200901_EN.pdf; see also Claudia L. Reardon and
Shane Creado, Drug Abuse in Athletes, Substance Abuse and Rehab Vol.
2014:5, 95-105 (2014).
---------------------------------------------------------------------------
WADA's primary activities include scientific research,
education, development of anti-doping capacities, and the
monitoring of the Code. Approximately half of the agency's
funding comes from the IOC while the other half comes from
governments of the world.\10\ The United States is the single
largest contributor to WADA and contributed $2,327,455 in 2018.
WADA's primary activities include scientific research,
education, and development of anti-doping capacities. Its
annual budget is approximately $30 million.
---------------------------------------------------------------------------
\10\See https://www.wada-ama.org/sites/default/files/resources/
files/wada_contributions_2018_ update_en_1.pdf https://www.olympic.org/
funding.
---------------------------------------------------------------------------
In support of the Code, the United Nations Educational,
Scientific and Cultural Organization (UNESCO)\11\ adopted the
International Convention against Doping in Sport (the
Convention) in 2005.\12\ The purpose of the Convention is ``to
promote the prevention of and the fight against doping in
sport, with a view to its elimination.''\13\ The Convention is
a multilateral treaty by which approximately 187 countries have
agreed ``to commit themselves to the principles of the Code''
as the basis for ``legislation, regulation, policies, or
administrative practices'' in order to achieve the objectives
of the Convention.\14\ According to UNESCO, the Convention
ensures the effectiveness of the Code by providing the legal
framework for governments to address specific areas of the
doping problem that are outside the domain of nongovernmental
sports organizations.\15\
---------------------------------------------------------------------------
\11\See https://en.unesco.org/about-us/introducing-unesco. The
UNESCO mission is ``to build peace through international cooperation in
Education, the Sciences and Culture.''
\12\See http://www.unesco.org/new/en/social-and-human-sciences/
themes/anti-doping/
international-convention-against-doping-in-sport/.
\13\See Int'l Convention against Doping in Sport, Article I--
Purpose of Convention, UNESCO (Oct. 19, 2005).
\14\See http://www.unesco.org/new/en/social-and-human-sciences/
themes/anti-doping/
international-convention-against-doping-in-sport/; http://
www.unesco.org/eri/la/convention.asp?
KO=31037&language=E.
\15\See http://www.unesco.org/new/en/social-and-human-sciences/
themes/anti doping/
international-convention-against-doping-in-sport/.
---------------------------------------------------------------------------
The International Olympic Committee (IOC)
The IOC is a not-for-profit independent international
organization that leads the Olympic Movement.\16\ The IOC is
funded through broadcast rights deals, sponsorships, and
licensing and marketing.\17\ According to the IOC, it
redistributes more than 90 percent of its revenues from the
Games into sport and athlete development, and specifically
toward staging the Games.\18\ The IOC makes the Code mandatory
for the entire Movement and during the Games, the IOC oversees
all doping control and testing processes in compliance with the
Code regulations.\19\ According to the IOC, protecting clean
athletes is a ``top priority'' and it has established a zero-
tolerance policy to combat doping.\20\
---------------------------------------------------------------------------
\16\See https://www.olympic.org/about-ioc-olympic-movement.
\17\See https://www.olympic.org/how-we-do-it.
\18\See id.
\19\See https://www.olympic.org/fight-against-doping.
\20\See id.
---------------------------------------------------------------------------
U.S. Anti-Doping Agency
The U.S. Anti-Doping Agency (USADA) is the national anti-
doping organization in the United States for Olympic,
Paralympic, Pan American, and Parapan American sport.\21\ The
USADA is a signatory to the Code and charged with managing the
anti-doping program, including testing, results management
processes, drug reference resources, and athlete education for
all United States Olympic Committee (USOC) recognized sport
national governing bodies, their athletes, and events.\22\
USADA also supports scientific research and education and
outreach initiatives.\23\ USADA is authorized to receive
appropriations of $14.1 million in fiscal year 2019 and
approximately $14.8 million in fiscal year 2020.\24\
---------------------------------------------------------------------------
\21\See 21 U.S. Code Sec. 2001; https://www.usada.org/about/.
\22\See https://www.usada.org/about/.
\23\See https://www.usada.org/about/.
\24\See 21 U.S. Code Sec. 2003.
---------------------------------------------------------------------------
Court of Arbitration for Sport
The Court of Arbitration for Sport (CAS) is an independent,
quasi-judicial body that settles disputes related to sport.\25\
It was set up by the IOC in 1984 to offer resolution of sports-
related disputes with the use of arbitrators.\26\ The CAS has
nearly 300 arbitrators from 87 countries, chosen for their
specialist knowledge of arbitration and sports law. Around 300
cases are registered by the CAS every year. The CAS claims to
be independent, but senior IOC member John Coates heads the
International Council of Arbitration for Sport (ICAS), a body
set up to ensure CAS's independence and is responsible for the
administration and financing of CAS.\27\ CAS typically handles
disputes related to: (1) contracts (e.g., sponsorship, the sale
of television rights, staging of sports events, player
transfers, transfers and relations between players or coaches
and clubs and/or agents, and civil liability for accidents that
occurred during a sports competition); and (2) disciplinary
cases, of which a large number are doping-related.\28\ WADA has
a right of appeal to CAS for doping cases under the
jurisdiction of organizations that have implemented the
Code.\29\
---------------------------------------------------------------------------
\25\See https://www.tas-cas.org/en/general-information/frequently-
asked-questions.html.
\26\See https://www.tas-cas.org/en/general-information/history-of-
the-cas.html.
\27\See Factbox: The IO, WADA, CAS and the Russian doping story
explained, Reuters (Feb. 8, 2018); see also https://www.olympic.org/
the-ioc. https://www.tas-cas.org/en/index.html.
\28\See https://www.tas-cas.org/en/general-information/history-of-
the-cas.html.
\29\See https://www.wada-ama.org/en/court-of-arbitration-for-sport.
---------------------------------------------------------------------------
Definition of ``Doping''
Article I of WADA defines ``doping'' as the occurrence of
one or more of the anti-doping rule violations set forth in
Articles 2.1 through 2.10 of the Code: (1) presence of a
prohibited substance or its metabolites or markers in an
athlete's sample; (2) use or attempted use by an athlete of a
prohibited substance or prohibited method; (3) refusing or
failing without compelling justification to submit to sample
collection after notification as authorized in applicable anti-
doping rules, or otherwise evading sample collection; (4)
violation of applicable requirements regarding athlete
availability for out-of-competition testing; (5) tampering or
attempted tampering with any part of doping control; (6)
possession of prohibited substances and prohibited methods; (7)
trafficking or attempted trafficking in any prohibited
substance or prohibited method; (8) administration or attempted
administration; (9) complicity; and (10) prohibited
association.\30\
---------------------------------------------------------------------------
\30\See World Anti-Doping Code 2015 with 2019 Amendments, Art. 1
(May 30, 2019).
---------------------------------------------------------------------------
C. The Russian Doping Scandal
2014 Sochi Winter Olympics
After the 2014 Sochi Winter Olympics, Yuliya Stepanova,
former Russian track star, and her husband Vitaly Stepanov, a
former doping-control officer at the Russian Anti-Doping
Agency, exposed the Russian Government's vast state-sponsored
doping system in a televised German documentary, which led to
further revelations by Dr. Grigory Rodchenkov.\31\
---------------------------------------------------------------------------
\31\See John Brant, The Marriage That Led to the Russian Track
Team's Olympic Ban, N.Y. Times (June 22, 2016); The Secrets of Doping:
How Russia Makes Its Winners (2014), WDR/ARD Sportschau, https://
vimeo.com/249176658.
---------------------------------------------------------------------------
Dr. Rodchenkov, who has a Ph.D. in analytical chemistry,
became the director of the Russian drug testing laboratory in
2005 and was widely considered a top expert in performing-
enhancing drugs.\32\ In May 2016, Dr. Rodchenkov became a
whistleblower and told the New York Times that dozens of
Russian athletes participating in the 2014 Sochi Winter
Olympics, including 15 medal winners, were part of a state-run
doping program.\33\ Dr. Rodchenkov developed a three-drug
cocktail of banned anabolic steroids that he mixed with alcohol
and provided to athletes.\34\ In addition, Dr. Rodchenkov and
his team, with the help of Russian intelligence (i.e., the FSB,
successor of the KGB), switched steroid-tainted urine of the
Russian national team with clean samples, evading positive
detection.\35\ Dr. Rodchenkov was the subject of the Oscar-
winning Netflix documentary ``Icarus.''
---------------------------------------------------------------------------
\32\See Rebecca R. Ruiz and Michael Schwirtz, Russian Insider Says
State-Run Doping Fueled Olympic Gold, N.Y. Times (May 12, 2016),
https://www.nytimes.com/2016/05/13/sports/russia-doping-sochi-olympics-
2014.html.
\33\See id.
\34\Id.
\35\Id.
---------------------------------------------------------------------------
WADA's McLaren Report
After Dr. Rodchenkov went public, WADA commissioned an
independent investigation and appointed Professor Richard
McLaren to conduct the investigation. The two-part ``McLaren
Report,'' completed in December 2016, identified several key
findings including that an institutional conspiracy existed
across summer and winter sports athletes who participated with
Russian officials within the Ministry of Sport and its
infrastructure, such as the Russian Anti-Doping Agency
(RUSADA), the Russian Centre of Sports Preparation (CSP), and
the drug testing laboratory, along with the FSB, which enabled
Russian athletes to compete while engaging in the use of doping
substances.\36\ Days after the release of the First McLaren
Report, Russian intelligence officers prepared to hack into the
networks of WADA, USADA, and CAS and were later indicted by the
U.S. Department of Justice for, among other things, hacking
into computer systems used by anti-doping organizations and
officials and stealing credentials, medical records, and other
data.\37\
---------------------------------------------------------------------------
\36\See Professor Richard H. McLaren, The Indep. Pers. 1st Report
(July 16, 2016), and The Indep. Pers. 2nd Report (Dec. 9, 2016).
\37\See U.S. Charges Russian GRU Officers with International
Hacking and Related Influence and Disinformation Operation, U.S. Dep't
of Justice (Oct. 4, 2018), https://www.justice.gov/opa/pr/us-charges-
russian-gru-officers-international-hacking-and-related-influence-and.
---------------------------------------------------------------------------
Aftermath of Russian Doping Scandal
Approximately 168 Russian athletes were cleared to
participate in the 2018 Winter Olympics in PyeongChang, South
Korea.\38\ In December 2017, the IOC decided that as punishment
for the doping scandal in Sochi, Russia would not be allowed to
play its anthem, fly its flag, or accrue any medals in the
overall count at the 2018 Winter Olympics in PyeongChang, South
Korea.\39\ The IOC also imposed a lifetime ban on Russian
Sports Minister Vitaly Mutko (currently the Deputy Prime
Minister of Russia), whose department was implicated in the
doping scandal.\40\
---------------------------------------------------------------------------
\38\See Victor Mather, Why Is Russia at the Olympics?, N.Y. Times
(Feb. 1, 2018), https://www.nytimes.com/2018/02/01/sports/olympics/
russia-olympics-doping.html.
\39\See Jake Rudniksy and Eben Novy-Williams, Russia Banned From
2018 Winter Olympics After Doping Investigation, Time (Dec. 5, 2017);
Richard Perez-Pena and Tariq Panja, 28 Russian Athletes Win Appeals of
Doping Bans, N.Y. Times (Feb. 1, 2018).
\40\Graham Dunbar, IOC: Russian can compete at Olympics, but
without flag, The Associated Press (Dec. 6, 2017), https://
www.washingtonpost.com/world/olympics/ioc-russians-can-compete-at-
olympics-but-without-flag/2017/12/06/232386de-da4f-11e7-a241-
0848315642d0_story.html.
---------------------------------------------------------------------------
However, on February 1, 2018, a few days before the start
of the 2018 Games, the CAS overturned the IOC's bans issued to
28 Russian athletes.\41\ U.S. Olympic athlete Katie Uhlaender,
a veteran U.S. women's skeleton racer who was in line to be
awarded a medal as a result of those bans, stated, ``I can say
without a doubt, the integrity of sport is on the line . . .
[a]nd I'm looking to the leaders of a movement to do something
to save it.''\42\ Three days after the 2018 Games ended, the
IOC reinstated Russia's Olympic Committee even though two
athletes had failed drug tests during the 2018 Games.\43\
Subsequently, in September 2018, WADA voted to reinstate the
Russian Anti-Doping Agency (RUSADA) event though the agency had
not met all of the conditions of reinstatement.\44\ In January
2019, WADA's executive committee declined to punish RUSADA for
missing the end of the year deadline to hand over data on
approximately 10,000 suspicious doping samples.\45\ WADA
announced that RUSADA eventually provided the data and also
that an audit of RUSADA was completed in December 2018 with
``very positive'' results.\46\ The decision met fierce
opposition from USADA, athletes, and others including Dr.
Rodchenkov. In addition, the IOC'S lifetime ban on Mutko was
overturned by the CAS in July 2019.\47\ Russian President
Vladimir Putin has denied that Russia operated a systematic,
state-sponsored doping program and cover-up scheme.\48\
---------------------------------------------------------------------------
\41\ Richard Perez-Pena and Tariq Panja, 28 Russian Athletes Win
Appeals of Doping Bans, N.Y. Times (Feb. 1, 2018), https://
www.nytimes.com/2018/02/01/sports/olympics/russia-doping-ban.html.
\42\Tim Reynolds, Uhlaender: ``The integrity of sport'' at stake
over doping, The Associated Press (Feb. 1, 2018), https://apnews.com/
6864f17bf1c645cf8a8b38cd90b50b6d.
\43\Vladimir Soldatkin, Russian Olympic Committee reinstated by IOC
(Feb. 28, 2018), Reuters, https://www.reuters.com/article/us-olympics-
2018-russia-ioc-reinstatemen/russian-olympic-com
mittee-reinstated-by-ioc-idUSKCN1GC1Z5.
\44\See Mitch Phillips, WADA votes to reinstate RUSADA amid
widespread protests, Reuters (Sept. 20, 2018), https://www.reuters.com/
article/us-sport-doping-russia-reinstatement/wada-votes-to-reinstate-
rusada-subject-to-conditions-idUSKCN1M01RD.
\45\See Kevin Draper, No Punishment for Russia Over Delay on Doping
Data, N.Y. Times (Jan. 22, 2019), https://www.nytimes.com/2019/01/22/
sports/olympics/wada-russia.html.
\46\See id.
\47\See Gabrielle Tetrault-Farber, Doping: CAS lifts Olympic ban on
former Russian Sports Minister Mutko, Reuter Sports News (July 11,
2019), https://www.reuters.com/article/us-sport-doping-russia-mutko/
doping-cas-lifts-olympic-ban-on-former-russian-sports-minister-mutko-
idUSKCN1U616V.
\48\See Putin calls on Russia to play by doping rules for Olympics,
The Associated Press (Mar. 27, 2019), https://www.apnews.com/
902aba01fb864514b84315a34b456989.
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Several countries including Austria, France, Germany,
Italy, and Spain have enacted laws that criminalize the use of
doping and related activities such as prescribing, purchasing,
administration, and trafficking.\49\ Chinese and Russian media
also reported that their countries have recently criminalized
doping use by athletes.\50\ WADA has issued a statement that it
does not believe that doping should be made a criminal offense
for athletes.\51\
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\49\Jaan Murphy, Where in the world is doping a crime? Parliament
of Australia (Apr. 24, 2013), https://www.aph.gov.au/About_Parliament/
Parliamentary_Departments/Parliamen
tary_Library/FlagPost/2013/April/
Where_in_the_world_is_doping_a_crime_doping_in_sports_pt_6; Chuck
Penfold, Germany's anti-doping law comes into force (Dec. 18, 2015), DW
Akademie, https://www.dw.com/en/germanys-anti-doping-law-comes-into-
force/a-18928499.
\50\See Xinhua, China to criminalize doping in 2019, China Daily
(Dec. 28, 2018), https://www.chinadailyhk.com/articles/175/172/77/
1546009389297.html; Sergei Kiselyov, Athletes Caught Doping in Russia
to Face Fines Under New Bill, The Moscow Times (Apr. 11, 2019), https:/
/www.themoscowtimes.com/2019/04/11/athletes-caught-doping-in-russia-to-
face-fines-under-new-bill-a65192.
\51\WADA Statement on the Criminalization of Doping in Sport (Oct.
25, 2015), https://www.wada-ama.org/en/media/news/2015-10/wada-
statement-on-the-criminalization-of-doping-in-sport.
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The Helsinki Commission
In February 2018, the Commission on Security and
Cooperation in Europe (CSCE or Helsinki Commission)\52\ held a
briefing on ``The Russian Doping Scandal: Protecting
Whistleblowers and Combating Fraud in Sports.''\53\ The
briefing featured Dr. Rodchenkov's attorney, Jim Walden, for a
conversation on combating fraud in international sports
competitions and the role of whistleblowers in safeguarding the
integrity of international competitions. Walden discussed
combating fraud in sports and the role of whistleblowers in
safeguarding the integrity of international competitions.
Walden called on Congress to pass legislation to add criminal
penalties for doping and stated that a statute could be similar
to the Foreign Corrupt Practices Act, a ``long-arm statute,''
which sanctions foreign government officials for actions that
impact U.S. businesses, or amending the Controlled Substances
Act to give the U.S. government power to persecute foreign
officials and athletes that engage in doping and provide
whistleblower protection. In March 2018, the Helsinki
Commission sponsored a workshop regarding the 2016 Global
Magnitsky Act, a law that allows the U.S. government to
sanction those who it sees as human rights offenders, freezing
their assets and banning them from entering the United
States.\54\
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\52\See www.csce.gov. The Helsinki Commission is an independent
commission of the U.S. government agency created in 1976 by members of
the U.S. Congress to monitor and encourage compliance with the Helsinki
Final Act and other Organization for Security and Cooperation in Europe
(OSCE) commitments. The Commission was founded to strengthen the
legitimacy of human rights monitoring, to defend those persecuted or
acting on their rights and freedoms, to ensure that violation of
Helsinki provisions were given full consideration in U.S. foreign
policy, and to gain international acceptance of human rights violations
as a legitimate subject for one country to raise with another. When
warranted, Senate and House Commissioners act in their capacity as
Members of Congress to introduce and seek passage of legislation. The
Commission consists of nine members from the U.S. Senate, nine members
from the U.S. House of Representatives, and one member each from the
Departments of State, Defense, and Commerce.
\53\The Russian Doping Scandal: Protecting Whistleblowers and
Combating Fraud in Sports, CSCE, 115th Cong. (Feb. 22, 2018), https://
www.csce.gov/sites/helsinkicommission.house.gov/files/
DopingScandal.pdf.
\54\How to Get Human Rights Abusers and Kleptocrats Sanctioned
Under the Global Magnitsky Act, CSCE (Mar. 13, 2018), https://
www.csce.gov/international-impact/press-and-media/press-re
leases/helsinki-commission-workshop-explain-global.
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In July 2018, the Helsinki Commission held a hearing on
``The State of Play: Globalized Corruption, State-Run Doping,
and International Sport.''\55\ The witness panel consisted of:
(1) Travis Tygart, CEO, USADA; (2) Katie Uhlaender, U.S.
Olympian; (3) Yuliya Stepanova, former Russian Olympian and
anti-doping whistleblower; (4) Dagmar Freitag, Chairwoman,
Sports Committee of the German Bundestag; and (5) Jim Walden,
the attorney for Dr. Rodchenkov. The witnesses testified about
the current state of anti-doping policing, the ineffective
responses of WADA, IOC, and CAS, the need for stiff criminal
penalties and civil remedies for international doping fraud,
the clean athletes who have been defrauded of medals and
cheated out of lucrative opportunities such as sponsorships,
and the necessity to protect whistleblowers. The Helsinki
Commission's position is that the international sport
governance bodies, such as WADA, IOC, and CAS, have failed to
address the underlying problems with doping in sport and that
the Rodchenkov Anti-Doping Act would fill an important gap with
regard to U.S. law enforcement, serve as a deterrent to those
considering engaging in doping fraud, and will provide a portal
to gain visibility into a wider net of international corrupt
practices that are connected to doping fraud.\56\
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\55\The State of Play: Globalized Corruption, State-Run Doping, and
International Sport: Hearing Before the CSCE, 115th Cong. (July 25,
2018).
\56\Paul Massaro, Coping with Doping, Getting Off the Sidelines,
The Am. Interest (Feb. 18, 2019), https://www.the-american-
interest.com/2019/02/18/getting-off-the-sidelines/.
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II. NEED FOR THE LEGISLATION
There is no federal statute that provides explicit,
comprehensive protection against doping in international sports
competitions. The federal statutory protections that currently
exist are limited and criminalizes gambling-related corruption,
bribes, kickbacks, money laundering, and other illegal
activities. For example, the Bribery in Sporting Contests Act
of 1964, 18 U.S.C. 224 criminalizes gambling-related corruption
in sports.\57\ In addition, the Racketeer Influenced and
Corrupt Organizations Act (RICO), 18 U.S.C. 1962, originally
used to prosecute members of the Mafia engaged in long-running
criminal organizations, has more recently been broadly applied
to other criminal organizations including those involved in
international sports competitions.\58\ RICO also provides for a
civil cause of action for acts performed as part of an ongoing
criminal organization.\59\ In 2015, the U.S. Department of
Justice charged Federation Internationale de Football
Association (FIFA) officials and corporate executives with
racketeering, wire fraud, and money laundering conspiracies,
among other offenses, in connection with the defendants'
participation in a 24-year scheme to enrich themselves through
the corruption of international soccer.\60\
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\57\See https://www.govinfo.gov/content/pkg/STATUTE-78/pdf/STATUTE-
78-Pg203-3.pdf; https://www.law.cornell.edu/uscode/text/18/224.
\58\See https://www.govinfo.gov/app/details/USCODE-2017-title18/
USCODE-2017-title18-partI-chap96-sec1962; https://www.law.cornell.edu/
uscode/text/18/1962.
\59\See id.
\60\See https://www.justice.gov/opa/pr/nine-fifa-officials-and-
five-corporate-executives-indicted-racketeering-conspiracy-and.
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The bill would allow extraterritorial jurisdiction
specifically over doping fraud conspiracies linked to
international sports events. It will establish criminal
penalties for participating in a doping conspiracy in
international sport competitions, provide restitution to
victims such as athletes, protect whistleblowers from
retaliation, and establish coordination and sharing of
information with USADA.
Hearings
The Committee held no hearings on H.R. 835.
Committee Consideration
On Wednesday, October 16, 2019, the Committee met in open
session and ordered H.R. 835 favorably reported as amended, by
voice vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that no
rollcall votes occurred during the Committee's consideration of
H.R. 835.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures and Congressional Budget
Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this Report from the
Director of the Congressional Budget Office. The Committee has
requested but not received from the Director of the
Congressional Budget Office a statement as to whether this
Report contains any new budget authority, spending authority,
credit authority, or an increase or decrease in revenues or tax
expenditures.
Duplication of Federal Programs
No provision of H.R. 835 establishes or reauthorizes a
program of the federal government known to be duplicative of
another federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
835 would protect American athletes from doping fraud in
international sports competitions.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 835 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Short Title. Section 1 sets forth the short title
of the bill as the ``Rodchenkov Anti-Doping Act of 2019.''
Sec. 2. Definitions. Section 2 adds definitions the
majority of which are used in Article 2 of the UNESCO
International Convention Against Doping in Sport including
``athlete,'' ``anti-doping organization,'' ``prohibited
method,'' and ``prohibited substance. ``Scheme in commerce'' is
a term used in section 224 of Title 18, Bribery in sporting
contests.
Sec. 3. Major International Doping Fraud Conspiracies.
Section 3(a) states, ``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.''
Section 3(b) establishes extraterritorial jurisdiction for
these offenses.
Sec. 4. Criminal Penalties and Statute of Limitations.
Section 4(a)(1) provides that a violation of section 3 shall
receive a term of imprisonment for not more than 10 years or
fined not more than $250,000 if the defendant is an individual
or $1,000,000 if the defendant is other than an individual, or
both.
Section 4(a)(2) provides that any property used or intended
to be used in the commission of offense specified in section 3,
may be forfeited to the United State and provides specificity
for these procedures.
Section 4(b)(1) provides for a limitations provision for
section 3 offenses: ``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.''
Section 4(b)(2) sets forth a tolling provision for evidence
of an offense in a foreign country: ``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 . . . shall suspend the
running of this statute of limitation for the offense if the
court finds by the preponderance of 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 5 amends 18 U.S.C. 3663A to
require that any defendant convicted of ``an offense described
in section 3 of the Rodchenkov Anti-Doping Act of 2019'' make
restitution to the victims of that offense.
Sec. 6. Coordination and Sharing of Information with USADA.
Section 6 provides that in accordance with the Convention,
except as otherwise prohibited by law and except in cases in
which the integrity of a criminal investigation would be
affected, certain federal agencies shall coordinate with USADA
with regard to any investigation related to a violation of
section 3 of this Act.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, H.R. 835, as reported, are shown as follows:
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TITLE 18, UNITED STATES CODE
* * * * * * *
PART II--CRIMINAL PROCEDURE
* * * * * * *
CHAPTER 232--MISCELLANEOUS SENTENCING PROVISIONS
* * * * * * *
Sec. 3663A. Mandatory restitution to victims of certain crimes
(a)(1) Notwithstanding any other provision of law, when
sentencing a defendant convicted of an offense described in
subsection (c), the court shall order, in addition to, or in
the case of a misdemeanor, in addition to or in lieu of, any
other penalty authorized by law, that the defendant make
restitution to the victim of the offense or, if the victim is
deceased, to the victim's estate.
(2) For the purposes of this section, the term ``victim''
means a person directly and proximately harmed as a result of
the commission of an offense for which restitution may be
ordered including, in the case of an offense that involves as
an element a scheme, conspiracy, or pattern of criminal
activity, any person directly harmed by the defendant's
criminal conduct in the course of the scheme, conspiracy, or
pattern. In the case of a victim who is under 18 years of age,
incompetent, incapacitated, or deceased, the legal guardian of
the victim or representative of the victim's estate, another
family member, or any other person appointed as suitable by the
court, may assume the victim's rights under this section, but
in no event shall the defendant be named as such representative
or guardian.
(3) The court shall also order, if agreed to by the parties
in a plea agreement, restitution to persons other than the
victim of the offense.
(b) The order of restitution shall require that such
defendant--
(1) in the case of an offense resulting in damage to
or loss or destruction of property of a victim of the
offense--
(A) return the property to the owner of the
property or someone designated by the owner; or
(B) if return of the property under
subparagraph (A) is impossible, impracticable,
or inadequate, pay an amount equal to--
(i) the greater of--
(I) the value of the property
on the date of the damage,
loss, or destruction; or
(II) the value of the
property on the date of
sentencing, less
(ii) the value (as of the date the
property is returned) of any part of
the property that is returned;
(2) in the case of an offense resulting in bodily
injury to a victim--
(A) pay an amount equal to the cost of
necessary medical and related professional
services and devices relating to physical,
psychiatric, and psychological care, including
nonmedical care and treatment rendered in
accordance with a method of healing recognized
by the law of the place of treatment;
(B) pay an amount equal to the cost of
necessary physical and occupational therapy and
rehabilitation; and
(C) reimburse the victim for income lost by
such victim as a result of such offense;
(3) in the case of an offense resulting in bodily
injury that results in the death of the victim, pay an
amount equal to the cost of necessary funeral and
related services; and
(4) in any case, reimburse the victim for lost income
and necessary child care, transportation, and other
expenses incurred during participation in the
investigation or prosecution of the offense or
attendance at proceedings related to the offense.
(c)(1) This section shall apply in all sentencing proceedings
for convictions of, or plea agreements relating to charges for,
any offense--
(A) that is--
(i) a crime of violence, as defined in
section 16;
(ii) an offense against property under this
title, or under section 416(a) of the
Controlled Substances Act (21 U.S.C. 856(a)),
including any offense committed by fraud or
deceit;
(iii) an offense described in section 4 of
the Rodchenkov Anti-Doping Act of 2019;
[(iii)] (iv) an offense described in section
1365 (relating to tampering with consumer
products); or
[(iv)] (v) an offense under section 670
(relating to theft of medical products); and
(B) in which an identifiable victim or victims has
suffered a physical injury or pecuniary loss.
(2) In the case of a plea agreement that does not result in a
conviction for an offense described in paragraph (1), this
section shall apply only if the plea specifically states that
an offense listed under such paragraph gave rise to the plea
agreement.
(3) This section shall not apply in the case of an offense
described in paragraph (1)(A)(ii) or (iii) if the court finds,
from facts on the record, that--
(A) the number of identifiable victims is so large as
to make restitution impracticable; or
(B) determining complex issues of fact related to the
cause or amount of the victim's losses would complicate
or prolong the sentencing process to a degree that the
need to provide restitution to any victim is outweighed
by the burden on the sentencing process.
(d) An order of restitution under this section shall be
issued and enforced in accordance with section 3664.
* * * * * * *
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