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                                                      Calendar No. 509


116th Congress  }                                          {    Report
                                 SENATE                          
2d Session      }                                          {    116-247
_______________________________________________________________________

                                     

                                                       

                   RODCHENKOV ANTI-DOPING ACT OF 2019

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                H.R. 835
                                





                 August 6, 2020.--Ordered to be printed
                 
                 
                 
                 
                 
                           ______

             U.S. GOVERNMENT PUBLISHING OFFICE 
 99-010               WASHINGTON : 2020                 
 
 
                 
                 
                 
                 
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred sixteenth congress
                             second session

                 ROGER F. WICKER, Mississippi, Chairman
JOHN THUNE, South Dakota             MARIA CANTWELL, Washington
ROY BLUNT, Missouri                  AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas                      RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska                BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas                  EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska                 TOM UDALL, New Mexico
CORY GARDNER, Colorado               GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee          TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West Virginia  TAMMY DUCKWORTH, Illinois
MIKE LEE, Utah                       JON TESTER, Montana
RON JOHNSON, Wisconsin               KYRSTEN SINEMA, Arizona
TODD C. YOUNG, Indiana               JACKY ROSEN, Nevada
RICK SCOTT, Florida
                       John Keast, Staff Director
               David Strickland, Minority Staff Director
               
               
               
               
                                                       Calendar No. 509
                                                       
                                                       
116th Congress  }                                            {     Report
                                 SENATE
 2d Session     }                                            {    116-247

======================================================================



 
                   RODCHENKOV ANTI-DOPING ACT OF 2019

                                _______
                                

                 August 6, 2020.--Ordered to be printed

                                _______
                                

       Mr. Wicker, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                        [To accompany H.R. 835]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, Science, and Transportation, to 
which 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, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 835, the Rodchenkov Anti-Doping Act of 
2019, as reported, is to provide United States law enforcement 
with the authority to investigate and prosecute certain persons 
involved in international doping fraud conspiracies affecting 
international sport competitions governed by the World Anti-
Doping Agency (WADA) Code. In particular, the bill would 
establish extraterritorial jurisdiction for such crimes, 
provide restitution for victims, and would authorize Federal 
agencies to share information with the United States Anti-
Doping Agency (USADA) regarding doping investigations. The bill 
would also set criminal penalties and a statute of limitations 
for such conspiracies.

                          Background and Needs

    Dr. Grigory Rodchenkov is the former head of Russia's 
national anti-doping laboratory, the Moscow Anti-Doping 
Center.\1\ The laboratory was suspended by WADA in November 
2015 for facilitating Russia's elaborate state-sponsored doping 
program.\2\ Rodchenkov helped develop and distribute banned 
performance-enhancing substances for thousands of Russian 
Olympians from 2006 to 2015 and facilitate the Sochi doping 
scandal.\3\ The drugs reportedly helped athletes recover 
quickly from training and allowed them to compete in top form 
over successive days.\4\
---------------------------------------------------------------------------
    \1\Daniel Arken, ``Russian Doping Whistleblower Grigory Rodchenkov 
Countersues 3 Athletes,'' NBC News, Apr. 30, 2018 (https://
www.nbcnews.com/news/us-news/russian-doping-whistleblower-grigory-
rodchenkov-countersues-three-athletes-n870136) (accessed Jun. 29, 
2020); and Adam Chandler, ``A List of Russia's Responses to the Doping 
Scandal,'' The Atlantic, Nov. 10, 2015 (https://www.theatlantic.com/
international/archive/2015/11/russia-wada-doping-
response/415242/) (accessed Jun. 29, 2020).
    \2\World Anti-Doping Agency, ``WADA Acts Immediately to Suspend 
Accreditation of Moscow Laboratory,'' Nov. 10, 2015 (https://www.wada-
ama.org/en/media/news/2015-11/wada-acts-immediately-to-suspend-
accreditation-of-moscow-laboratory) (accessed Jun. 29, 2020).
    \3\World Anti-Doping Agency Independent Commission, The Independent 
Commission Report #1, Nov. 9, 2015 (https://www.wada-ama.org/sites/
default/files/resources/files/wada_
independent_commission_report_1_en.pdf) (accessed Jun. 29, 2020).
    \4\Rebecca R. Ruiz and Michael Schwirtz, ``Russian Insider Says 
State-Run Doping Fueled Olympic Gold,'' The New York Times, May 12, 
2016 (https://www.nytimes.com/2016/05/13/sports/russia-doping-sochi-
olympics-2014.html) (accessed Jun. 29, 2020).
---------------------------------------------------------------------------
    Following the 2014 Sochi Winter Games, WADA issued a report 
that found systematic doping among Russian track and field 
athletes.\5\ Within days, Rodchenkov was forced to resign from 
the lab and fled to Los Angeles fearing for his safety.\6\ He 
made headlines in 2016 as a whistleblower, helping expose 
Russia's doping program.\7\ The information Rodchenkov provided 
to The New York Times for these stories was also confirmed by 
an independent study known as the McLaren Report.\8\ The 
McLaren Report led to Russia's partial ban from the 2016 Summer 
Olympics and total ban from the 2018 Winter Olympics, although 
Russian nationals were still permitted to compete under a 
neutral flag.\9\
---------------------------------------------------------------------------
    \5\Id.
    \6\Id.
    \7\Id.
    \8\Richard H. McLaren, Independent Person WADA Investigation of 
Sochi Allegations, 
Dec. 9, 2016 (https://www.wada-ama.org/sites/default/files/resources/
files/mclaren_report_
part_ii_2.pdf) (accessed Jun. 29, 2020).
    \9\Id.
---------------------------------------------------------------------------
    In November 2019, the compliance and review committee for 
WADA recommended a 4-year sports ban for Russia that would bar 
the country from representing its flag in the 2020 Tokyo Summer 
Games and 2022 Beijing Winter Games.\10\ This recommendation 
came after allegations of Russian officials manipulating a 
database to delete some test results and fabricate other data 
from the beginning of the year.\11\ On December 9, 2019, WADA's 
12-member executive committee announced that it had voted 
unanimously to endorse a 4-year international sports ban, 
recommended by the independent Compliance Review Committee on 
Russia.\12\ Russia has appealed WADA's decision to the Court of 
Arbitration for Sport.\13\ If implemented, WADA's decision 
would effectively prevent Russia from having any formal 
presence at both the delayed 2020 Summer Games in Tokyo and the 
2022 Winter Games in Beijing. However, Russian teams and 
athletes will still be allowed to compete as long as they are 
not linked to positive doping tests or the data tampering case, 
and will compete under a neutral flag.\14\ Given these 
exceptions for Russian athletes, USADA and other athlete 
representatives have argued WADA's sanctions do not go far 
enough to dissuade organized doping, and that all Russian 
athletes should be prevented from participating in the delayed 
2020 and 2022 Olympic Games.\15\
---------------------------------------------------------------------------
    \10\Letter on file with the Committee.
    \11\World Anti-Doping Agency, ``WADA Executive Committee 
Unanimously Endorses Four-year Period of Non-compliance for the Russian 
Anti-Doping Agency,'' Dec. 9, 2019 (https://www.wada-ama.org/en/media/
news/2019-12/wada-executive-committee-unanimously-endorses-
four-year-period-of-non-compliance#::text=9%20December%202019-
,WADA%20Executive%20
Committee%20unanimously%20endorses%20four%2Dyear%20period%20of%20non,the
%20
Russian%20Anti%2DDoping%20Agency&text=The%20blatant%20breach%20by%20the,
what%20
has%20been%20delivered%20today) (accessed Jun. 29, 2020).
    \12\Id.
    \13\BBC Sport, ``Russia Doping Ban: Appeal Against Wada Decision 
Set for May,'' BBC, Feb. 27, 2020 (https://www.bbc.com/sport/51666252) 
(accessed Jun. 29, 2020).
    \14\Id.
    \15\USADA, Statement from USADA CEO Travis Tygart on the WADA 
Executive Committee's Decision on Russia, Dec. 9, 2019 (https://
www.usada.org/statement/travis-tygart-statement-wada-executive-
committee-russia-decision/) (accessed Jun. 29, 2020).
---------------------------------------------------------------------------

                         Summary of Provisions

    H.R. 835 would do the following:
   Declare it unlawful for any person, other than an 
        athlete, to engage in, attempt to engage in, or 
        conspire with another person to engage in a scheme in 
        commerce to influence any major international sports 
        competition through the use of a prohibited substance 
        or method.
   Establish extraterritorial Federal jurisdiction for 
        events that:
     involve U.S. athletes;
     accept sponsorship or financial support from an 
            organization doing business in the United States;
     receive compensation for the right to broadcast 
            their competitions in the United States; or
     include a competition that qualifies competitors 
            to receive an award.
   Set criminal penalties for violators at not more 
        than 10 years imprisonment, a fine of not more than 
        $250,000 for an individual, or a fine of not more than 
        $1,000,000 for an entity other than an individual.
   Allow for the forfeiture of property used, or 
        intended to be used, to facilitate the violation, or 
        that constitutes or is traceable to proceeds of the 
        violation.
   Establish a 10-year statute of limitations for 
        violations of the Act.
   Add the offense described in section 3 of the Act to 
        the list of Federal crimes in section 3663A of title 
        18, United States Code, for which restitution for 
        victims is available.
   Direct relevant law enforcement agencies to 
        coordinate with and share information with USADA with 
        regard to investigations of violations of the Act.

                          Legislative History

    H.R. 835, the Rodchenkov Anti-Doping Act of 2019, was 
introduced on January 29, 2019, by Rep. Jackson Lee (for 
herself and Representatives Burgess, Cohen, Hudson, DeGette, 
King [of New York], Hastings, Long, Johnson [of Georgia], Smith 
[of New Jersey], Moore, Rush, and Tonko) and was referred to 
the Committees on the Judiciary, and Energy and Commerce of the 
House of Representatives. On October 22, 2019, H.R. 835 was 
discharged from the Committee on Energy and Commerce and passed 
the House, as amended, by voice vote. On October 23, 2019, the 
bill was referred to the Committee on Commerce, Science, and 
Transportation of the Senate. On March 11, 2020, the Committee 
met in open Executive Session and, by voice vote, ordered H.R. 
835 reported favorably without amendment.
    A companion bill, S. 259, was introduced on January 29, 
2019, by Senator Whitehouse (for himself and Senators Wicker, 
Cardin, and Rubio) and was referred to the Committee on 
Commerce, Science, and Transportation of the Senate. There are 
eight additional cosponsors.

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:



    H.R. 835 would establish a new federal crime related to the 
use of prohibited substances to influence the outcome of 
certain international sports competitions. People who violate 
the act's provisions could be subject to criminal fines, so the 
federal government might collect additional fines under the 
legislation. Criminal fines are recorded in the budget as 
revenues, deposited in the Crime Victims Fund, and later spent 
without further appropriation. CBO expects any additional 
revenues and associated direct spending would not be 
significant because relatively few additional cases probably 
would be affected by the act.
    On November 1, 2019, CBO transmitted a cost estimate for 
H.R. 835, the Rodchenkov Anti-Doping Act of 2019, as passed by 
the House of Representatives on October 22, 2019. The two 
versions of the legislation are similar and CBO's estimated 
costs are the same.
    The CBO staff contact for this estimate is Jon Sperl. The 
estimate was reviewed by H. Samuel Papenfuss, Deputy Director 
of Budget Analysis.

                      Regulatory Impact Statement

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       number of persons covered

    H.R. 835 would declare it unlawful for certain persons to 
engage in international doping fraud conspiracies. As such, the 
bill would not authorize any new regulations and would not 
subject any individuals or businesses to new regulations.

                            economic impact

    H.R. 835 would not have an adverse economic impact on the 
Nation. It is expected that the deterrent effect against 
conducting international doping fraud conspiracies would 
contribute to improved faith in clean sport, benefiting the 
economic activities associated with international competitions.

                                privacy

    H.R. 835 would not have any adverse impact on the personal 
privacy of individuals. The bill does not grant any 
investigative powers to law enforcement officials beyond those 
they currently possess.

                               paperwork

    H.R. 835 would not increase paperwork requirements for 
private individuals or businesses.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis


Section 1. Short title.

    This section would provide that the bill may be cited as 
the ``Rodchenkov Anti-Doping Act of 2019''.

Section 2. Definitions.

    This section would define the following terms: ``anti-
doping organization'', ``athlete'', ``Code'', ``Convention'', 
``Major International Sport Competition'', ``person'', 
``prohibited method'', ``prohibited substance'', ``scheme in 
commerce'', ``USADA'', and ``WADA''.

Section 3. Major international doping fraud conspiracies.

    This section would declare it unlawful for any person other 
than an athlete to knowingly carry out, attempt to carry out, 
or conspire to carry out a scheme in commerce to influence a 
major international sports competition by use of a prohibited 
substance or method.
    This section would establish extraterritorial Federal 
jurisdiction over such an offense.
    The Committee intends for this Act to address prohibited 
acts that may arise in conjunction with events involving 
amateur and Olympic international competition. The Committee 
does not intend for this Act to apply to games or events 
organized or sanctioned by a professional sports league with a 
drug testing program that has been collectively bargained under 
the rules, requirements, and protections of Federal law.

Section 4. Criminal penalties and statute of limitations.

    This section would set the criminal penalties for a person 
who violates section 3 at not more than 10 years imprisonment, 
a $250,000 fine for an individual or a $1 million fine for a 
defendant other than an individual, or both. This section would 
also establish that property that is used to facilitate the 
violation of section 3, or that constitutes the proceeds of the 
violation, may be seized and criminally forfeited to the United 
States.
    This section would also set the statute of limitations for 
a violation of section 3 as within 10 years after the date on 
which the offense was completed.

Section 5. Restitution.

    This section would amend section 3663A of title 18, United 
States Code, to include ``an offense described in section 3 of 
the Rodchenkov Anti-Doping Act of 2019'' to the list of certain 
crimes to which victims are entitled mandatory restitution.

Section 6. Coordination and sharing of information with USADA.

    This section would direct the Department of Justice, the 
Department of Homeland Security, and the Food and Drug 
Administration to coordinate with USADA and share all relevant 
information with regard to investigations into potential 
section 3 violations, except where otherwise prohibited by law 
or in cases in which the integrity of the criminal 
investigation would be affected.
    The Committee does not intend for the potential sharing of 
information envisioned under section 6 of this Act to include 
information involving events outside the scope of section 3 of 
this Act.

Section 7. Determination of budgetary effects.

    This section would declare that the budgetary effects of 
this Act for the purposes of complying with the Statutory Pay-
As-You-Go Act of 2010 shall be determined by reference to the 
latest Budgetary Effects of PAYGO Legislation statement 
submitted by the Chairman of the House Budget Committee for 
this Act.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, 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 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

UNITED STATES CODE

           *       *       *       *       *       *       *


TITLE 18--CRIMES AND CRIMINAL PROCEDURE

           *       *       *       *       *       *       *


PART II--CRIMINAL PROCEDURE

           *       *       *       *       *       *       *


CHAPTER 232--MISCELLANEOUS SENTENCING PROVISIONS

           *       *       *       *       *       *       *



Sec. 3663A. Mandatory restitution to victims of certain crimes

    (a)(1) * * *
    (b) * * *
    (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 3 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.

           *       *       *       *       *       *       *