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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\
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\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).
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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).
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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.
* * * * * * *
