,i #aaeth ,,congress #b;d ,session ,h4 ,r4 #fjfg ,,in ,,the ,,house ,,of ,,representatives ,june #ab1 #bjah,ms4 ,jackson ,lee 7for herself1 ,mr4 ,burgess1 and ,ms4 ,moore7 introduced the following bill2 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 competitions4 #a4 ,short title ,this ,act may be cited as the ,rodchenkov ,anti-,doping ,act of #bjah4 #b4 ,findings ,congress finds the following3 7#a7 ,the use of illegal performance-enhancing drugs 7doping fraud7 in major international sporting competitions damages the integrity of sports1 and often begets other illegal activity1 including bribery and money laundering4 7#b7 ,doping fraud in major international competitions cheats clean athletes1 including clean ,united ,states athletes1 and sponsoring corporations1 including ,united ,states corporations1 which often have anti-doping provisions in their sponsorship contracts4 7#c7 ,the ,united ,states is the single largest sovereign contributor to the ,world ,anti-,doping ,agency 7,,wada71 and thus doping fraud in major international competitions also effectively defrauds the ,united ,states4 7#d7 ,every major international sporting organization has condemned doping fraud1 as has international law enforcement agencies such as ,interpol1 ,,wada1 and the ,united ,nations4 ,moreover1 a number of nations1 including ,germany1 ,austria1 ,belgium1 ,denmark1 ,france1 ,italy1 ,sweden1 ,switzerland1 and ,spain1 have embraced criminal sanctions for doping fraud violations4 ,thus1 action by the ,united ,states to enhance the international community's fight to protect clean athletes is fully consistent with international law4 7#e7 ,state-sponsored-doping systems have been revealed1 including in ,russia by ,dr4 ,grigory ,rodchenkov1 and international federations and ,,wada lack the tools to effectively deter such systems1 which severely magnify the harms to clean athletes1 including ,united ,states athletes1 and sponsoring corporations1 including ,united ,states corporations4 7#f7 ,individuals who act as whistleblowers1 including ,dr4 ,grigory ,rodchenkov1 and make disclosures about doping fraud described above1 serve the public interest by assisting in the elimination of fraud1 unveiling of bribery and money laundering1 and other corrupt practices and should not suffer adverse consequences or retaliation4 7#g7 ,protecting whistleblowers who disclose conduct which falls within the purview of this ,act is a major step toward fair sport4 7#h7 ,criminal proscriptions are necessary to deter doping fraud1 even when such conduct occurs outside ,united ,states territory at major international competitions1 as such conduct has and is intended to have substantial effect on the ,united ,states1 ,united ,states citizens1 and ,united ,states sponsoring corporations4 7#i7 ,athletes who were victimized by doping fraud and whistleblowers have heretofore enjoyed few remedies against doped athletes1 including when doping fraud was the cause for them not winning medals or placing at the top of various competitions1 or depriving them of prize monies and financial awards for medals or top placement1 such that the creation of a private right of action is wholly appropriate4 7#aj7 ,given that the science of doping detection is constantly improving--such that newly devised technologies have established new detection methods even for past acts of doping fraud--an elongated statute of limitations is appropriate4 #c4 ,definitions ,in this ,act3 7#a7 ,doping fraud ,the term doping fraud means use of any performance-enhancing drug to gain an unfair competitive advantage in sports1 thereby defrauding athletes who are not using performance-enhancing drugs4 7#b7 ,performance-enhancing drug ,the term performance-enhancing drug means any substance--including anabolic agents1 peptides1 hormones1 growth factors1 mimetics1 ,beta-#b agonists1 and hormone and metabolic modulators1 to be specified by the ,secretary of ,health and ,human ,services on the basis of scientific and international sports standards4 7#c7 ,major international competition ,the term major international competition means any professional or amateur sporting competition1 including competitions that are comprised of a series of bilateral games1 in which-- 7,a7 either-- 7i7 four or more ,united ,states athletes are contestants2 or 7ii7 two or more ,united ,states corporations act as corporate sponsors2 and 7,b7 athletes representing at least three countries other than the ,united ,states are contestants4 #d4 ,prohibited acts 7a7 ,participation in doping fraud ,it shall be unlawful for any person to knowingly and intentionally conduct1 manage1 supervise1 direct1 abet1 or participate in doping fraud at or in preparation for any major international competition4 7b7 administration of performance-,enhancing drugs ,it shall be unlawful for any person to knowingly and intentionally administer1 to him or herself1 or to any other individual1 any performance-enhancing drug at or in preparation for any major international competition4 7c7 ,performance-,enhancing drugs generally ,it shall be unlawful for any person to knowingly and intentionally manufacture1 distribute1 dispense1 or possess any performance-enhancing drug with the intent to commit or attempt to commit doping fraud at or in preparation for any major international competition4 7d7 ,retaliation ,it shall be unlawful for any person to knowingly and intentionally retaliate by taking adverse action against an individual because such individual has disclosed evidence of doping fraud1 whether such disclosures were made to an official governmental or anti-doping authority or to the public in general through the media4 7e7 ,conspiracy ,it shall be unlawful for any person to conspire to violate any of the provisions of subsections 7a71 7b71 or 7c7 of this section4 7f7 ,jurisdiction ,prohibited acts are within the jurisdiction of the ,united ,states if-- 7#a7 the offense is committed in whole or in part in the ,united ,states2 or 7#b7 the offense is committed outside the ,united ,states1 and-- 7,a7 the offense is committed in relation to a major international competition2 or 7,b7 the offense occurs in or affects the interstate or foreign commerce of the ,united ,states4 #e4 ,criminal penalties 7a7 ,in general ,whoever violates any provision of section #d shall be sentenced to a term of imprisonment for not more than five years and1 if the person is an individual1 fined #ajj1jjj1 or #bej1jjj if the defendant is other than an individual4 7b7 ,conspiracy ,whoever1 as part of a group of five or more persons1 violates section #d shall be sentenced to a term of imprisonment for not more than ten years and1 if the person is an individual1 fined #bej1jjj1 or #a1jjj1jjj if the defendant is other than an individual4 7c7 ,seizure and forfeiture ,any property1 real or personal1 used in violation of the provisions of section #d may be seized and forfeited to the ,united ,states4 #f4 ,civil remedies 7a7 ,in general ,any person injured in his vocation1 business1 or property by reason of a violation of section #d may sue therefor in any appropriate ,united ,states district court4 ,if such person is a prevailing party1 he or she may recover the cost of the suit1 including reasonable attorneys' fees4 7b7 ,retaliation ,any person who has experienced retaliation because of such person's disclosure of doping fraud in any major international competition may sue the retaliating party or parties therefor in any appropriate ,united ,states district court4 ,if such person is a prevailing party1 he or she may recover the cost of the suit1 including reasonable attorneys' fees4 7c7 ,contestants ,any contestant in a major international competition who was deprived of a financial award or placement in the top three finishers in any major international competition by reason of a violation of section #d has a private right of action hereunder1 and may sue therefor1 in any appropriate ,united ,states district court and1 if he or she prevails1 shall recover threefold the damages sustained1 together with the cost of the suit1 including reasonable attorneys' fees4 7d7 ,retroactivity ,the provisions of subsections 7a7 through 7c7 shall apply retroactively4 7e7 ,final judgment ,a final judgment or decree rendered in favor of the ,united ,states in any criminal proceeding brought by the ,united ,states under this ,chapter shall estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding brought by under this section4 7f7 ,regulations ,within #abj days of the effective date of this ,act1 the ,attorney ,general of the ,united ,states shall promulgate regulations proscribing a means by which the ,department of ,justice will assist private litigants hereunder to obtain foreign evidence in compliance with the ,convention on the ,taking of ,evidence ,abroad in ,civil or ,commercial ,matters1 opened for signature ,mar4 #ah1 #aigj1 #bc ,u4,s4,t4 #beee1 ,t4,i4,a4,s4 ,no4 #gddd1 #hdg ,u4,n4,t4,s4 #bda4 #g4 ,statute of limitations 7a7 ,criminal penalties ,no person shall be prosecuted1 tried1 or punished for a violation of section #d unless the indictment is returned or the information is filed within #g years after the offense was completed4 7b7 ,civil actions ,no civil suit may be brought under section #f unless brought within #aj years after the offense was completed4 7c7 ,tolling ,upon application of the ,united ,states1 filed before return of an indictment1 indicating that evidence of an offense under section #d is in a foreign country1 the district court before which a grand jury is impaneled to investigate the offense shall suspend the running of the statute of limitations 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 appears1 or reasonably appeared at the time the request was made1 that such evidence is1 or was1 in such foreign country4