I 

115TH CONGRESS 

2D SESSION H. R. 6067 

To establish criminal penalties and civil remedies for doping fraud violations 

at major international competitions. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 12, 2018 

Ms. JACKSON LEE (for herself, Mr. BURGESS, and Ms. MOORE) introduced 

the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To establish criminal penalties and civil remedies for doping 

fraud violations at major international competitions. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Rodchenkov Anti5 Doping Act of 2018’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) The use of illegal performance-enhancing 

9 drugs (‘‘doping fraud’’) in major international sport10 ing competitions damages the integrity of sports, 


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1 and often begets other illegal activity, including brib2 ery and money laundering. 

3 (2) Doping fraud in major international com4 petitions cheats clean athletes, including clean 

5 United States athletes, and sponsoring corporations, 

6 including United States corporations, which often 

7 have anti-doping provisions in their sponsorship con8 tracts. 

9 (3) The United States is the single largest sov10 ereign contributor to the World Anti-Doping Agency 

11 (‘‘WADA’’), and thus doping fraud in major inter12 national competitions also effectively defrauds the 

13 United States. 

14 (4) Every major international sporting organi15 zation has condemned doping fraud, as has inter16 national law enforcement agencies such as Interpol, 

17 WADA, and the United Nations. Moreover, a num18 ber of nations, including Germany, Austria, Bel19 gium, Denmark, France, Italy, Sweden, Switzerland, 

20 and Spain, have embraced criminal sanctions for 

21 doping fraud violations. Thus, action by the United 

22 States to enhance the international community’s 

23 fight to protect clean athletes is fully consistent with 

24 international law. 


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1 (5) State-sponsored-doping systems have been 

2 revealed, including in Russia by Dr. Grigory 

3 Rodchenkov, and international federations and 

4 WADA lack the tools to effectively deter such sys5 tems, which severely magnify the harms to clean 

6 athletes, including United States athletes, and spon7 soring corporations, including United States cor8 porations. 

9 (6) Individuals who act as whistleblowers, in10 cluding Dr. Grigory Rodchenkov, and make disclo11 sures about doping fraud described above, serve the 

12 public interest by assisting in the elimination of 

13 fraud, unveiling of bribery and money laundering, 

14 and other corrupt practices and should not suffer 

15 adverse consequences or retaliation. 

16 (7) Protecting whistleblowers who disclose con17 duct which falls within the purview of this Act is a 

18 major step toward fair sport. 

19 (8) Criminal proscriptions are necessary to 

20 deter doping fraud, even when such conduct occurs 

21 outside United States territory at major inter22 national competitions, as such conduct has and is in23 tended to have substantial effect on the United 

24 States, United States citizens, and United States 

25 sponsoring corporations. 


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1 (9) Athletes who were victimized by doping 

2 fraud and whistleblowers have heretofore enjoyed 

3 few remedies against doped athletes, including when 

4 doping fraud was the cause for them not winning 

5 medals or placing at the top of various competitions, 

6 or depriving them of prize monies and financial 

7 awards for medals or top placement, such that the 

8 creation of a private right of action is wholly appro9 priate. 

10 (10) Given that the science of doping detection 

11 is constantly improving—such that newly devised 

12 technologies have established new detection methods 

13 even for past acts of doping fraud—an elongated 

14 statute of limitations is appropriate. 

15 SEC. 3. DEFINITIONS. 

16 In this Act: 

17 (1) DOPING FRAUD.—The term ‘‘doping fraud’’ 

18 means use of any performance-enhancing drug to 

19 gain an unfair competitive advantage in sports, 

20 thereby defrauding athletes who are not using per21 formance-enhancing drugs. 

22 (2) PERFORMANCE-ENHANCING DRUG.—The 

23 term ‘‘performance-enhancing drug’’ means any sub24 stance—including anabolic agents, peptides, hor25 mones, growth factors, mimetics, Beta–2 agonists, 


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1 and hormone and metabolic modulators, to be speci2 fied by the Secretary of Health and Human Services 

3 on the basis of scientific and international sports 

4 standards. 

5 (3) MAJOR INTERNATIONAL COMPETITION.— 

6 The term ‘‘major international competition’’ means 

7 any professional or amateur sporting competition, 

8 including competitions that are comprised of a series 

9 of bilateral games, in which— 

10 (A) either— 

11 (i) four or more United States ath12 letes are contestants; or 

13 (ii) two or more United States cor14 porations act as corporate sponsors; and 

15 (B) athletes representing at least three 

16 countries other than the United States are con17 testants. 

18 SEC. 4. PROHIBITED ACTS. 

19 (a) PARTICIPATION IN DOPING FRAUD.—It shall be 

20 unlawful for any person to knowingly and intentionally 

21 conduct, manage, supervise, direct, abet, or participate in 

22 doping fraud at or in preparation for any major inter23 national competition. 

24 (b) ADMINISTRATION OF PERFORMANCE-ENHANCING

25 DRUGS.—It shall be unlawful for any person to knowingly 


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1 and intentionally administer, to him or herself, or to any 

2 other individual, any performance-enhancing drug at or in 

3 preparation for any major international competition. 

4 (c) PERFORMANCE-ENHANCING DRUGS GEN5 ERALLY.—It shall be unlawful for any person to knowingly 

6 and intentionally manufacture, distribute, dispense, or 

7 possess any performance-enhancing drug with the intent 

8 to commit or attempt to commit doping fraud at or in 

9 preparation for any major international competition. 

10 (d) RETALIATION.—It shall be unlawful for any per11 son to knowingly and intentionally retaliate by taking ad12 verse action against an individual because such individual 

13 has disclosed evidence of doping fraud, whether such dis14 closures were made to an official governmental or anti15 doping authority or to the public in general through the 

16 media. 

17 (e) CONSPIRACY.—It shall be unlawful for any person 

18 to conspire to violate any of the provisions of subsections 

19 (a), (b), or (c) of this section. 

20 (f) JURISDICTION.—Prohibited acts are within the 

21 jurisdiction of the United States if— 

22 (1) the offense is committed in whole or in part 

23 in the United States; or 

24 (2) the offense is committed outside the United 

25 States, and— 


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1 (A) the offense is committed in relation to 

2 a major international competition; or 

3 (B) the offense occurs in or affects the 

4 interstate or foreign commerce of the United 

5 States. 

6 SEC. 5. CRIMINAL PENALTIES. 

7 (a) IN GENERAL.—Whoever violates any provision of 

8 section 4 shall be sentenced to a term of imprisonment 

9 for not more than five years and, if the person is an indi10 vidual, fined $100,000, or $250,000 if the defendant is 

11 other than an individual. 

12 (b) CONSPIRACY.—Whoever, as part of a group of 

13 five or more persons, violates section 4 shall be sentenced 

14 to a term of imprisonment for not more than ten years 

15 and, if the person is an individual, fined $250,000, or 

16 $1,000,000 if the defendant is other than an individual. 

17 (c) SEIZURE AND FORFEITURE.—Any property, real 

18 or personal, used in violation of the provisions of section 

19 4 may be seized and forfeited to the United States. 

20 SEC. 6. CIVIL REMEDIES. 

21 (a) IN GENERAL.—Any person injured in his voca22 tion, business, or property by reason of a violation of sec23 tion 4 may sue therefor in any appropriate United States 

24 district court. If such person is a prevailing party, he or 


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1 she may recover the cost of the suit, including reasonable 

2 attorneys’ fees. 

3 (b) RETALIATION.—Any person who has experienced 

4 retaliation because of such person’s disclosure of doping 

5 fraud in any major international competition may sue the 

6 retaliating party or parties therefor in any appropriate 

7 United States district court. If such person is a prevailing 

8 party, he or she may recover the cost of the suit, including 

9 reasonable attorneys’ fees. 

10 (c) CONTESTANTS.—Any contestant in a major inter11 national competition who was deprived of a financial 

12 award or placement in the top three finishers in any major 

13 international competition by reason of a violation of sec14 tion 4 has a private right of action hereunder, and may 

15 sue therefor, in any appropriate United States district 

16 court and, if he or she prevails, shall recover threefold the 

17 damages sustained, together with the cost of the suit, in18 cluding reasonable attorneys’ fees. 

19 (d) RETROACTIVITY.—The provisions of subsections 

20 (a) through (c) shall apply retroactively. 

21 (e) FINAL JUDGMENT.—A final judgment or decree 

22 rendered in favor of the United States in any criminal pro23 ceeding brought by the United States under this Chapter 

24 shall estop the defendant from denying the essential alleVerDate Sep 11 2014 04:53 Jun 14, 2018 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6067.IH H6067

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1 gations of the criminal offense in any subsequent civil pro2 ceeding brought by under this section. 

3 (f) REGULATIONS.—Within 120 days of the effective 

4 date of this Act, the Attorney General of the United States 

5 shall promulgate regulations proscribing a means by which 

6 the Department of Justice will assist private litigants 

7 hereunder to obtain foreign evidence in compliance with 

8 the Convention on the Taking of Evidence Abroad in Civil 

9 or Commercial Matters, opened for signature Mar. 18, 

10 1970, 23 U.S.T. 2555, T.I.A.S. No. 7444, 847 U.N.T.S. 

11 241. 

12 SEC. 7. STATUTE OF LIMITATIONS. 

13 (a) CRIMINAL PENALTIES.—No person shall be pros14 ecuted, tried, or punished for a violation of section 4 un15 less the indictment is returned or the information is filed 

16 within 7 years after the offense was completed. 

17 (b) CIVIL ACTIONS.—No civil suit may be brought 

18 under section 6 unless brought within 10 years after the 

19 offense was completed. 

20 (c) TOLLING.—Upon application of the United 

21 States, filed before return of an indictment, indicating 

22 that evidence of an offense under section 4 is in a foreign 

23 country, the district court before which a grand jury is 

24 impaneled to investigate the offense shall suspend the run25 ning of the statute of limitations for the offense if the 


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1 court finds by a preponderance of the evidence that an 

2 official request has been made for such evidence and that 

3 it reasonably appears, or reasonably appeared at the time 

4 the request was made, that such evidence is, or was, in 

5 such foreign country. 

Æ 


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