Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?

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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
            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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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/.
---------------------------------------------------------------------------

                      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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.

           *       *       *       *       *       *       *




              [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]





                              [all]