[116th Congress Public Law 206]
[From the U.S. Government Publishing Office]
[[Page 997]]
RODCHENKOV ANTI-DOPING
ACT OF 2019
[[Page 134 STAT. 998]]
Public Law 116-206
116th Congress
An Act
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. <<NOTE: Dec. 4, 2020 - [H.R. 835]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Rodchenkov Anti-
Doping Act of 2019. 21 USC 2401 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rodchenkov Anti-Doping Act of 2019''.
SEC. 2. <<NOTE: 21 USC 2401.>> DEFINITIONS.
(1) Anti-doping organization.--The term ``anti-doping
organization'' has the meaning given the term in Article 2 of
the Convention.
(2) Athlete.--The term ``athlete'' has the meaning given the
term in Article 2 of the Convention.
(3) Code.--The term ``Code'' means the World Anti-Doping
Code most recently adopted by WADA on March 5, 2003.
(4) Convention.--The term ``Convention'' means the United
Nations Educational, Scientific, and Cultural Organization
International Convention Against Doping in Sport done at Paris
October 19, 2005, and ratified by the United States in 2008.
(5) Major international sport competition.--The term ``Major
International Sport Competition''--
(A) means a competition--
(i) in which one or more United States
athletes and three 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
(B) includes a competition that is a single event or
a competition that consists of a series of events held
at different times which, when combined, qualify an
athlete or team for an award or other recognition.
[[Page 134 STAT. 999]]
(6) Person.--The term ``person'' means any individual,
partnership, corporation, association, or other entity.
(7) Prohibited method.--The term ``prohibited method'' has
the meaning given the term in Article 2 of the Convention.
(8) Prohibited substance.--The term ``prohibited substance''
has the meaning given the term in Article 2 of the Convention.
(9) Scheme in commerce.--The term ``scheme in commerce''
means any scheme effectuated in whole or in part through the use
in interstate or foreign commerce of any facility for
transportation or communication.
(10) USADA.--The term ``USADA'' means the United States
Anti-Doping Agency.
(11) WADA.--The term ``WADA'' means the World Anti-Doping
Agency.
SEC. 3. <<NOTE: 21 USC 2402.>> MAJOR INTERNATIONAL DOPING FRAUD
CONSPIRACIES.
(a) In General.--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.
(b) Extraterritorial Jurisdiction.--There is extraterritorial
Federal jurisdiction over an offense under this section.
SEC. 4. <<NOTE: 21 USC 2403.>> CRIMINAL PENALTIES AND STATUTE OF
LIMITATIONS.
(a) In General.--
(1) <<NOTE: Time period.>> Criminal penalty.--Whoever
violates section 3 shall be sentenced to a term of imprisonment
for not more than 10 years, fined $250,000 if the person is an
individual or $1,000,000 if the defendant is other than an
individual, or both.
(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 3; 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 3.
(b) Limitation on Prosecution.--
(1) <<NOTE: Deadline.>> In general.--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.
(2) <<NOTE: Courts.>> Tolling.--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 before which a grand jury
is impaneled to investigate the offense shall suspend the
running of this statute of limitation for the offense if the
court finds by a preponderance of the 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.
[[Page 134 STAT. 1000]]
SEC. 5. RESTITUTION.
Section 3663A of title 18, United States Code, is amended in
subsection (c)--
(1) in paragraph (1)(A)--
(A) by redesignating clauses (iii) and (iv) as
clauses (iv) and (v), respectively; and
(B) by inserting after clause (ii) the following:
``(iii) an offense described in section 3 of
the Rodchenkov Anti-Doping Act of 2019;''; and
(2) in paragraph (3), in the matter preceding subparagraph
(A), by inserting ``or (iii)'' after ``paragraph (1)(A)(ii)''.
SEC. 6. <<NOTE: 21 USC 2404.>> COORDINATION AND SHARING OF
INFORMATION WITH USADA.
Except as otherwise prohibited by law and except in cases in which
the integrity of a criminal investigation would be affected, in
furtherance of the obligation of the United States under Article 7 of
the Convention, the Department of Justice, the Department of Homeland
Security, and the Food and Drug Administration shall coordinate with
USADA with regard to any investigation related to a potential violation
of section 3 of this Act, to include sharing with USADA all information
in the possession of the Department of Justice, the Department of
Homeland Security, or the Food and Drug Administration which may be
relevant to any such potential violation.
SEC. 7. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, and the amendments made by this
Act, for the purpose of complying with the Statutory Pay-As-You-Go Act
of 2010, shall be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for
printing in the Congressional Record by the Chairman of the House Budget
Committee, provided that such statement has been submitted prior to the
vote on passage.
Approved December 4, 2020.
LEGISLATIVE HISTORY--H.R. 835:
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HOUSE REPORTS: No. 116-251, Pt. 1 (Comm. on the Judiciary).
SENATE REPORTS: No. 116-247 (Comm. on Commerce, Science, and
Transportation).
CONGRESSIONAL RECORD:
Vol. 165 (2019):
Oct. 22, considered and passed
House.
Vol. 166 (2020):
Nov. 16, considered and passed
Senate.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2020):
Dec. 4, Presidential statement.
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