Rodchenkov Anti-Doping Act of 2019
PL 116-206 (H.R.835), enacted 12/04/2020

[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:
---------------------------------------------------------------------------

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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