Authority of National Drug Control Policy with respect to the World Anti-Doping Agency

Section 701 of the Office of National Drug Control Policy Reauthorization Act of 2006 (21 U.S.C. 2001) is amended— (1)in subsection (a)— (A)by amending paragraph (1) to read as follows:

(1)

United States Olympic and Paralympic Committee

The term United States Olympic and Paralympic Committee means the organization established by chapter 2205 of title 36, United States Code.

;

(B)in paragraph (3), by striking (36 U.S.C. 22501(b)(1)) and inserting (36 U.S.C. 220501(b)(1)); (C)by redesignating paragraphs (1) and (3) as paragraphs (4) and (1), respectively, and moving the paragraphs so as to appear in numeric order; and (D)by inserting after paragraph (2) the following:

(3)

Independent athlete

The term independent athlete means an Olympic or Paralympic athlete who does not serve, in any capacity— (A)on the International Olympic Committee; (B)on the International Paralympic Committee; (C)at an international sports federation recognized by the International Olympic Committee or the International Paralympic Committee; (D)on the United States Olympic and Paralympic Committee; or (E)at the World Anti-Doping Agency.

;

(2)in subsection (b)— (A)by striking United States Olympic Committee each place it appears and inserting United States Olympic and Paralympic Committee; (B)in paragraph (5), by striking the period at the end and inserting ; and; and (C)by adding at the end the following:

(6)carry out responsibilities with respect to the World Anti-Doping Agency, as described in subsection (d).

; and

(3)by adding at the end the following:

(d)

Authority with respect to the World Anti-Doping Agency

(1)

In general

The Office of National Drug Control Policy, in consultation with the United States Anti-Doping Agency, the United States Olympic and Paralympic Committee, and the Team USA Athletes’ Commission, shall— (A)use all available tools to ensure that— (i)the World Anti-Doping Agency has a credible and independent governance model that provides for fair representation of the United States; (ii)the World Anti-Doping Agency fully implements all governance reforms, including a proper conflict-of-interest policy for all members of the Executive Committee, the Foundation Board, and all relevant expert advisory groups, standing committees, permanent special committees, and working groups of the World Anti-Doping Agency; and (iii)independent athletes from the United States and other democratic countries, or representatives of such athletes, have decision-making roles on the Executive Committee and the Foundation Board, and in all relevant expert advisory groups, standing committees, permanent special committees, and working groups, of the World Anti-Doping Agency; (B)demonstrate leadership within the global community; (C)have strict standards that work toward countering doping in every form, including by countering systemic fraud through doping involving— (i)governmental law enforcement, intelligence, or anti-doping institutions; (ii)sporting organizations; or (iii)athlete support personnel; and (D)work collaboratively with democratic countries. (2)

Determination

(A)

In general

Not later than 90 days after the date of the enactment of this subsection, the Office of National Drug Control Policy, in consultation with the United States Anti-Doping Agency, the United States Olympic and Paralympic Committee, and the Team USA Athletes’ Commission, shall make a determination as to whether the World Anti-Doping Agency— (i)has a credible and independent governance model that provides for fair representation of the United States; (ii)fully implements all governance reforms, including a proper conflict-of-interest policy described in paragraph (1)(A)(ii); and (iii)allows independent athletes from the United States and other democratic countries, or representatives of such athletes, to have decision-making roles on the Executive Committee and the Foundation Board, and in all relevant expert advisory groups, standing committees, permanent special committees, and working groups, of the World Anti-Doping Agency. (B)

Accountability

In the case of a determination under subparagraph (A) that the World Anti-Doping Agency does not have such a governance model, has not fully implemented such governance reforms, or has not allowed decision-making roles described in clause (iii) of that subparagraph, the Office of National Drug Control Policy, in consultation with the United States Anti-Doping Agency, the United States Olympic and Paralympic Committee, and the Team USA Athletes’ Commission, shall— (i)use all available tools to ensure that the United States has fair representation in the World Anti-Doping Agency, including— (I)on the Executive Committee; (II)on the Foundation Board; and (III)in all relevant expert advisory groups, standing committees, permanent special committees, and working groups of the World Anti-Doping Agency; and (ii)not later than 180 days after the date on which the determination under subparagraph (A) is made, issue a report that describes the barriers to participation and fair representation of the United States on the Executive Committee, the Foundation Board, and all relevant expert advisory groups, standing committees, permanent special committees, and working groups of the World Anti-Doping Agency. (3)

Voluntary nonpayment of dues

(A)

In general

In the case of a determination under paragraph (2)(A) that the World Anti-Doping Agency does not have a governance model that provides for fair representation of the United States, has not fully implemented governance reforms, or has not allowed decision-making roles described in clause (iii) of that subparagraph, the Office of National Drug Control Policy, in consultation with the appropriate committees of Congress, may voluntarily withhold up to the full amount of membership dues to the World Anti-Doping Agency. (B)

Appropriate committees of Congress defined

In this paragraph, the term appropriate committees of Congress means— (i)the Subcommittee on Consumer Protection, Product Safety, and Data Security of the Committee on Commerce, Science, and Transportation of the Senate (or a successor subcommittee); (ii)the Subcommittee on Financial Services and General Government of the Committee on Appropriations of the Senate (or a successor subcommittee); (iii)the Subcommittee on Oversight and Investigations of the Committee on Energy and Commerce of the House of Representatives (or a successor subcommittee); and (iv)the Subcommittee on Financial Services and General Government of the Committee on Appropriations of the House of Representatives (or a successor subcommittee). (4)

Spending plan

Not later than 30 days before the Office of National Drug Control Policy obligates funds to the World Anti-Doping Agency, the Office of National Drug Control Policy shall submit to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives a spending plan and explanation of proposed uses of such funds.