    [Senate Hearing 119-153]
    [From the U.S. Government Publishing Office]

                                                            S. Hrg. 119-153

               WADA SHAME: SWIMMING IN DENIAL OVER CHINESE DOPING

    =======================================================================

                                    HEARING

                                   before the

                     SUBCOMMITTEE ON CONSUMER PROTECTION,
                          TECHNOLOGY, AND DATA PRIVACY

                                     of the

                             COMMITTEE ON COMMERCE,
                          SCIENCE, AND TRANSPORTATION
                              UNITED STATES SENATE

                        ONE HUNDRED NINETEENTH CONGRESS

                                 FIRST SESSION

                                   __________

                                 JUNE 17, 2025

                                   __________

        Printed for the use of the Committee on Commerce, Science, and Transportation

       [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

                    Available online: http://www.govinfo.gov

                    U.S. GOVERNMENT PUBLISHING OFFICE
    61-520 PDF               WASHINGTON : 2025

           SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                        ONE HUNDRED NINETEENTH CONGRESS

                                 FIRST SESSION

                           TED CRUZ, Texas, Chairman
    JOHN THUNE, South Dakota             MARIA CANTWELL, Washington,
    ROGER WICKER, Mississippi                Ranking
    DEB FISCHER, Nebraska                AMY KLOBUCHAR, Minnesota
    JERRY MORAN, Kansas                  BRIAN SCHATZ, Hawaii
    DAN SULLIVAN, Alaska                 EDWARD MARKEY, Massachusetts
    MARSHA BLACKBURN, Tennessee          GARY PETERS, Michigan
    TODD YOUNG, Indiana                  TAMMY BALDWIN, Wisconsin
    TED BUDD, North Carolina             TAMMY DUCKWORTH, Illinois
    ERIC SCHMITT, Missouri               JACKY ROSEN, Nevada
    JOHN CURTIS, Utah                    BEN RAY LUJAN, New Mexico
    BERNIE MORENO, Ohio                  JOHN HICKENLOOPER, Colorado
    TIM SHEEHY, Montana                  JOHN FETTERMAN, Pennsylvania
    SHELLEY MOORE CAPITO, West Virginia  ANDY KIM, New Jersey
    CYNTHIA LUMMIS, Wyoming              LISA BLUNT ROCHESTER, Delaware
                     Brad Grantz, Republican Staff Director
               Nicole Christus, Republican Deputy Staff Director
                         Liam McKenna, General Counsel
                       Lila Harper Helms, Staff Director
                     Melissa Porter, Deputy Staff Director
                         Jonathan Hale, General Counsel
                                     ------

                     SUBCOMMITTEE ON CONSUMER PROTECTION,
                          TECHNOLOGY, AND DATA PRIVACY

    MARSHA BLACKBURN, Tennessee, Chair   JOHN HICKENLOOPER, Colorado,
    JOHN THUNE, South Dakota                 Ranking
    DEB FISCHER, Nebraska                AMY KLOBUCHAR, Minnesota
    JERRY MORAN, Kansas                  BRIAN SCHATZ, Hawaii
    TODD YOUNG, Indiana                  EDWARD MARKEY, Massachusetts
    JOHN CURTIS, Utah                    TAMMY BALDWIN, Wisconsin
    SHELLEY MOORE CAPITO, West Virginia  BEN RAY LUJAN, New Mexico
    CYNTHIA LUMMIS, Wyoming              LISA BLUNT ROCHESTER, Delaware
                                C O N T E N T S

                                  ----------
                                                                       Page
    Hearing held on June 17, 2025....................................     1
    Statement of Senator Blackburn...................................     1
    Statement of Senator Hickenlooper................................     2
    Statement of Senator Cruz........................................     4
    Statement of Senator Cantwell....................................     6
    Statement of Senator Curtis......................................    40

                                   Witnesses

    Travis T. Tygart, Chief Executive Officer, United States Anti-
      Doping Agency..................................................     8
        Prepared statement...........................................     9
    Dr. Rahul Gupta, MD, MPH, MBA, President, GATC Health Corp and
      former Director, Office of National Drug Control Policy, The
      White House....................................................    18
        Prepared statement...........................................    19
    Kathryn ``Katie'' McLaughlin, former Olympic Swimmer.............    29
        Prepared statement...........................................    31
    Dianne Koller, Professor of Law and Director, Center for Sport
      and the Law, University of Baltimore School of Law.............    32
        Prepared statement...........................................    33

                                    Appendix

    Letter dated June 13, 2025 to Hon. Marsha Blackburn and Hon. John
      Hickenlooper from Gene Sykes, Chairman of the Board and Sarah
      Hirshland, Chief Executive Officer, United States Olympic &
      Paralympic Committee (USOPC)...................................    45
    Response to written question submitted by Hon. Amy Klobuchar to:
        Travis T. Tygart.............................................    47
        Dr. Rahul Gupta..............................................    47
        Kathryn McLaughlin...........................................    48

               WADA SHAME: SWIMMING IN DENIAL OVER CHINESE DOPING

                                  ----------

                             TUESDAY, JUNE 17, 2025

                                   U.S. Senate,
      Subcommittee on Consumer Protection, Technology,
                                      and Data Privacy,
            Committee on Commerce, Science, and Transportation,
                                                        Washington, DC.
        The Subcommittee met, pursuant to notice, at 2:30 p.m., in
    room SR-253, Russell Senate Office Building, Hon. Marsha
    Blackburn, Chairwoman of the Subcommittee, presiding.
        Present: Senators Blackburn [presiding], Cruz, Curtis,
    Hickenlooper, and Cantwell.

              OPENING STATEMENT OF HON. MARSHA BLACKBURN,
                      U.S. SENATOR FROM TENNESSEE

        Senator Blackburn. The Committee will come to order. It is
    rare that these things start on time, but we are starting on
    time. And I want to thank each and every one of you. Thank you
    to our witnesses for being here today.
        Nearly a year ago I held a press conference with a
    bicameral, bipartisan group of colleagues, demanding answers as
    to why the World Anti-Doping Agency betrayed its mission and
    allowed 23 Chinese swimmers to get away with doping.
    Unfortunately, almost a year after the explosive New York Times
    report exposing the scandal, WADA has failed to provide
    answers. Instead, all that they have provided are threats,
    stonewalling, and intimidation.
        My message remains the same. My colleagues and I will not
    be threatened or silenced for promoting fair play and
    advocating for clean sport.
        Here are the facts. In 2021, credible allegations emerged
    that 23 Chinese swimmers tested positive for a banned substance
    just months before the Tokyo Olympics. What did WADA do?
    Instead of launching a thorough investigation, they turned a
    blind eye. They accepted a deeply questionable explanation and
    allowed these athletes to go ahead and compete. Many of them
    went on to win medals. This was not just a lapse in judgment.
    It was a cover-up.
        Just as disturbing is WADA's effort to use our own Olympic
    bids as leverage. In response to legitimate U.S. Senate
    concerns, WADA and the IOC threatened our country's bid to host
    the 2034 Winter Olympics in Salt Lake City. And now we have
    reports of secretive contract arrangements and backroom deals
    between WADA, the IOC, and parties connected to Salt Lake
    City's bill, all while WADA's own failures go unaddressed. This
    is nothing short of a scandal, and it actually strikes at the
    heart of the Olympic spirit.
        Fast-forward to today and the World Anti-Doping Agency
    refused to appear before this Committee and answer our
    questions. Now, WADA's refusal to engage on this issue or work
    in good faith with the U.S. leads me to one question: What
    exactly are they hiding? Let me remind everyone, the U.S. is
    WADA's largest financial contributor. American taxpayers help
    fund this agency, and yet WADA has treated our concerns with
    disdain and our athletes have been treated with disrespect.
        Their pattern of inconsistent enforcement does not stop
    with China. From Russia's long history of state-sponsored
    doping to weak penalties for other nations, WADA has sent a
    dangerous message. If you are an authoritarian regime with a
    willingness to bribe and cheat, the rules do not apply to you,
    and our door is open.
        As we look forward to the 2028 Summer Games in L.A. and the
    2034 Winter Games in Salt Lake City, the stakes could not be
    higher. These games must not be tainted by the same corruptions
    and cover-ups. American athletes who compete with integrity
    deserve to know that their competitors are held to the exact
    same high standards.
        We have heard from athletes who are tired, tired of
    watching cheaters take the podium, tired of the mental and
    emotional strain, and tired of institutions who refuse to
    protect them. Their voices matter, and today we are listening.
        This hearing is about accountability. It is about ensuring
    that WADA no longer shields corrupt regimes from consequences.
    It is about making sure our athletes can compete fairly and
    safely on the world stage. WADA is not above the law, and this
    Committee will not rest until the agency is reformed and held
    responsible for its failures.
        I now recognize the Ranking Member.

             OPENING STATEMENT OF HON. JOHN HICKENLOOPER,
                       U.S. SENATOR FROM COLORADO

        Senator Hickenlooper. Thank you, Chair Blackburn, for
    organizing today's hearing. This is our first hearing for the
    Subcommittee on Consumer Protection, Technology, and Data
    Privacy in the 119th Congress. With that in mind, I wanted to
    share how much I look forward to working with you, Madam Chair,
    on so many of the important issues our Subcommittee oversees,
    safeguarding American sensitive data, promoting transparency
    and innovation in the artificial intelligence world, elevating
    Team USA, and helping collegiate athletics earn fair
    compensation, and protecting the Federal Trade Commission, the
    Consumer Product Safety Commission from overly influential
    efforts from the Executive Branch, and making sure that their
    Senate-confirmed commissioners who have been fired are either
    swiftly reinstated or replaced.
        Today we are going to discuss how to strengthen anti-doping
    enforcement, as you have described, about the recent scandals
    that have brought a dark cloud over the integrity of Olympic
    sports.
        I went to my son's graduation a couple of days ago and the
    commencement speaker was Katie Ledecky, so I don't have to tell
    you what school we were at, and she gave a spectacular speech,
    a really impressive, impactful speech.
        And my son later pointed out that athletes now are commonly
    asked to give commencement addresses because they have been
    under the heat lamp of media attention. They have spent a lot
    of time explaining themselves and describing circumstances and
    situations, and they do a very good job at summing things up in
    a way that people can understand, and certainly Katie Ledecky.
    If we had more time, I would walk you through the first couple
    points she made. Maybe Ms. McLaughlin will help fill it in.
        Every four years the world comes together around the
    Olympic Games to celebrate and cheer on their players, their
    teams. And each year over these four-year periods, we expand
    the field of competitions and we attract new fans to stadiums
    around the world. We inspire our youth to dream big. Athletes
    dedicate their lives, often almost always from a very early
    age, for that sole honor of representing their country, in this
    case the United States, where they get to wear the red, white,
    and blue, and they get to hear our national anthem played in
    medal ceremonies.
        Among the athletes who competed on behalf of Team USA in
    the Olympic and Paralympic Games in Paris, 29 of them call
    Colorado home, which we are very proud about. With a proud home
    of the U.S. Olympic and Paralympic Committee that oversees Team
    USA and our Olympic preparations. We are home to the Olympic
    and Paralympic Training Center, where we train over 15,000
    athletes every year. We are home to the U.S. Olympic Museum,
    which displays the original scoreboard from the Miracle on Ice,
    for those of you old enough to remember that, the victory over
    the Soviet Union. We are home to the U.S. Center for SafeSport,
    investigating the instances of substance abuse against
    athletes. We are home to many of the governing bodies, the NGBs
    for Olympic Sports, and home to the U.S. Anti-Doping Agency,
    USADA, which enforces doping rules for our athletes.
        To ensure fairness and transparency in Olympic
    competitions, the World Anti-Doping Agency, WADA, as Chair
    Blackburn has described, they are responsible for enforcing the
    anti-doping regulations in international sports federations.
        In the months leading up to the Tokyo 2021 Summer Olympic
    Games, the China Anti-Doping agency, CHINADA, found that 23
    Chinese swimming athletes tested positive for banned substance,
    trimetazidine. This substance increases stamina and shortens
    recovery time, is widely banned as a performance-enhancing
    drug. What actions did World Anti-Doping Agency take following
    the test? They refused to investigate how China's swimmers
    consumed the banned substance. They failed to disclose the
    testing results to the public until after The New York Times
    broke the news in spring of 2024.
        During the Tokyo Olympics, these same swimmers who tested
    positive, won several medals including three medals, and
    ironically defeated Katie Ledecky, one of the few times she has
    lost in a final. Since the fallout the world has, I think it is
    fair to say, lost faith in WADA.
        In response to the doping scandal, the United States took
    decisive action, withheld its $3.6 million contribution to
    WADA, the first time the Nation has ever taken this action,
    withholding funds. The United States withheld funding to WADA
    because their past conduct now raises important questions about
    the future of Olympic sports.
        In the next few years the United States is hosting the FIFA
    World Cup, next summer in 2026, the Summer Olympics in Los
    Angeles in 2028, the Winter Olympics in Salt Lake City in 2034,
    and countless world championships across several sports. How
    can athletes across Team USA and around the world have
    confidence that they stand on a level playing field with their
    competitors?
        The Olympic torch has burned for 129 years to represent
    unity, to shine a light on athletic achievement and excellence,
    to bring the world together during times of peace, times of
    tension. We should not let WADA's misconduct tarnish the next
    Olympic Games or rob another member of Team USA from their
    rightful place on a podium. Fairness and transparency is what
    Team USA and literally every international team deserves and
    what this Committee continues to demand.
        That is why, on a bipartisan basis, last year we joined
    Senators Cantwell, Cruz, Blackburn, and Blumenthal to send one
    strong message to the World Anti-Doping Agency. Essentially, we
    said enough is enough. WADA must increase transparency in its
    investigations and regain the athletic community's trust. We
    must shine a light on past misconduct, both in WADA and what
    they examine and ensure that U.S. athletes, from Katie Ledecky
    to Katie McLaughlin, who is with us today, that they are never
    undercut again.
        I am pleased that in addition to Ms. McLaughlin, who
    proudly represented Team USA in swimming, we are joined by an
    expert witness panel of individuals who enforce anti-doping
    rules in the U.S., who have represented the U.S. in
    international anti-doping deliberations, and are leading voices
    in sport law. Just as the United States remains at the
    forefront of all-time Olympic medals--2,761, although I don't
    need to brag too loudly about it--we also need to lead the
    world in transparency and accountability.
        Thank you all for coming here, for your testimony, for
    taking time out of your busy lives. It means a great deal. I
    yield back to the Chair.
        Senator Blackburn. And I recognize Chairman Cruz for his
    opening.

                      STATEMENT OF HON. TED CRUZ,
                        U.S. SENATOR FROM TEXAS

        Chairman Cruz. Thank you, Madam Chair, and thank you for
    convening this hearing today.
        Sports are more than ``just a game.'' They are a critical
    part of our culture that teaches valuable life lessons such as
    teamwork, discipline, communication, respect, and perseverance.
    Sports are also a cultural unifier that brings Americans
    together to cheer on Team USA at the Olympics.
        The Olympics provide some of the most iconic moments in
    sports history. Who can forget the legendary 1980 ``Miracle on
    Ice'' when Team USA Hockey brought home the gold and triumphed
    over the Soviet Union? It is one reason why Team USA athletes
    are often considered our cultural heroes who inspire the next
    generation.
        But our athletes did not just wake up one day being able to
    compete at an elite level. They earned it from the blood,
    sweat, and tears, literally, produced from countless years of
    training and sacrifice to pursue their dreams of earning that
    coveted title ``Olympian.''
        To pursue that dream with confidence, sports require a
    culture of integrity built on fair competition and following
    the rules of play. When an athlete cheats, it undermines the
    value and existence of sports. Cheating can take many forms,
    including the use of performance-enhancing drugs, known as
    ``doping,'' that give an athlete an unfair edge over their
    opponents. Doping should have no place in sports. And I would
    say I am glad doping is not a major problem in the U.S. Senate,
    or else we might have Senators with unusually enlarged tongues
    and an ability to be loquacious at a level that was truly
    painful.
        But it is also why 190 countries, including the United
    States, support the World Anti-Doping Agency's mission to
    ``lead a collaborative worldwide movement for doping-free
    sport'' which is mandatory for participation in the Olympic
    movement.
        In fact, the United States withheld $3.6 million of
    taxpayer funding in dues for WADA in Fiscal Year 2024, the most
    of any other country, to monitor and enforce against doping in
    sports, including at the Olympics. The next highest contributor
    is Japan who spends $1.5 million per year, less than half of
    what the U.S. pays.
        Sadly, confidence in WADA is at an all-time low. Recent
    news reports revealed that WADA did not enforce the doping
    rules to block 23 Chinese swimmers, who tested positive for
    performance-enhancing drugs, from competing in the 2021 Tokyo
    Olympics.
        WADA's decision to not enforce these rules may very well
    have impacted the Olympic swimming competition results for Ms.
    McLaughlin, one of our witnesses today, who competed against
    these athletes in Tokyo. This not only harms Team USA, but it
    undermines the integrity of the doping-free sports mission that
    WADA claims to uphold.
        In advance of the 2024 Paris Games, Senator Cantwell and I
    jointly sent a letter to WADA asking for documents regarding
    the 2021 doping scandal. We also called for action to guarantee
    fair competition for Team USA at the upcoming Paris Olympics.
        WADA not only refused to provide answers to this inquiry,
    and other government inquiries, but allowed the same Chinese
    athletes to compete again in the 2024 Paris Olympic games
    without any consequence.
        Shortly thereafter, the International Olympic Committee
    announced that Salt Lake City, Utah, would be the host city for
    the 2034 Winter Olympic games. News reports indicated that the
    IOC, likely in cooperation with WADA, took an unprecedented
    move to demand that Utah officials sign a contract to recognize
    the ``supreme authority of the WADA'' in order to host the
    Olympic games in Salt Lake City.
        It is shocking that WADA--whom we rely on to ensure fair
    competition--not only refuses to be transparent and
    accountable, but appears to have made unfair demands of a
    United States city to stymie legitimate Federal investigations
    into its role in the swimmer doping scandal.
        Last year, I explicitly called for withholding U.S.
    taxpayer dollars from WADA until it returns to its mission and
    is transparent about its handling of the swimmer doping
    scandal. I intend to continue this call.
        I look forward to hearing from our witnesses on what else
    we can do to ensure WADA is held accountable and that our
    American athletes are fully protected. Thank you.
        Senator Blackburn. Ranking Member Cantwell, you are
    recognized.

                   STATEMENT OF HON. MARIA CANTWELL,
                      U.S. SENATOR FROM WASHINGTON

        Senator Cantwell. Thank you, Chair Blackburn, and thank you
    and Chairman Cruz for holding this important hearing. I want to
    thank our witnesses for being here.
        Congress has a critical role to play to ensure that
    America's athletes are provided every opportunity to succeed.
    This means committing to a level playing field across all
    aspects of sports, from equal pay to anti-doping. In 2022, we
    passed the Equal Pay for Team USA Act, that I led with Senator
    Capito, which codified equal pay and treatment at the highest
    level of competition. This means ensuring our athletes are free
    of abuse, mistreatment, by supporting the U.S. Center for
    SafeSport and pushing for necessary reforms to ensure the
    Center is living up to its potential. U.S. athletes continue to
    face another hurdle with the immense amount of work that goes
    on into competing at an elite level. We owe it to them to
    ensure that it is a fair competition.
        I, too, am concerned that the lack of transparency with the
    World Anti-Doping Agency demonstrated with the cover-up of the
    positive test by Chinese swimmers ahead of the Tokyo Summer
    Olympics in 2021, and the lack of accountability WADA has taken
    since. We should not have to wait for an investigation
    reporting to uncover positive tests from elite athletes. That
    is what our anti-doping agencies are supposed to do. But even
    in the wake of the press reports, WADA has failed to be
    transparent.
        Last summer, Chairman Cruz and I wrote a letter to the
    anti-doping agency to understand why they did not challenge the
    findings from the Chinese anti-doping authority. We also want
    to assure that WADA takes additional measures to ensure that
    the Paris Olympic Games were fair and free from doping, and
    their response to that letter was inadequate. It is a refusal
    to participate in what is an important accountability.
        I am sure that today that we will hear from witnesses about
    this issue. I am sure Katie McLaughlin, who has competed and
    exceeded at the highest level of swimming, can speak to how
    much effort it takes to stay in compliance with anti-doping
    rules. I am glad to see that we have Dionne Koller here today,
    whom I appointed to serve as the Co-Chair of the Commission on
    the U.S. Olympic and Paralympics, which was established by
    Congress in 2020. The Commission, in its 2024 report, found
    that the United States Anti-Doping Agency is the model of
    success in the Olympic movement, as over three-quarters of the
    athletes and coaches reported trusting them as an organization.
    This speaks to Mr. Tygart's success in leading that agency. So
    thank you to Professor Koller and to the entire bipartisan
    commission for your work on this important subject.
        To ensure clean sports, USADA receives funding from the
    Office of National Drug Control Policy to invest in anti-doping
    research. It is because of this research that rigorous
    adherence to anti-doping rules, that the U.S. is the leader in
    anti-doping. I am concerned that the Trump administration's
    severe cuts to scientific research and development could hinder
    this impressive work done by the U.S. in anti-doping research.
    I hope they will reverse that. Cutting funding for sciences is
    the wrong message to the rest of the world and for us to
    maintain our U.S. leadership.
        I am glad to see Dr. Gupta here. Thank you for being here.
    He served in the Biden administration and can speak to the
    importance of scientific development to ensure U.S. leadership
    in anti-doping.
        We have a responsibility to ensure our athletes are able to
    compete in the fullest extent of their abilities at the highest
    level. To do that, the competition must be fair. As we approach
    the 2026 World Cup and the 2028 Olympics, both hosted by the
    United States, we must ensure that the competition will be fair
    and free from doping.
        We also need to support the cities that are hosting these
    games, including Seattle, Kansas City, Houston, Los Angeles,
    and have the infrastructure in place for this experience to go
    well. That is why Senator Moran and I introduced legislation,
    the Transportation Assistance for Olympic and World Cup Cities
    Act, to provide the grants and other assistance to improve the
    regional transportation for those cities. I ask the Chairman to
    put this on a bill at the next markup.
        So thank you again, Chair Blackburn, and to Ranking Member
    Hickenlooper, for holding this important hearing.
        Senator Blackburn. I thank the Ranking Member.
        I would like to introduce our witnesses today. Mr. Travis
    Tygart, our first witness, who is the CEO for the U.S. Anti-
    Doping Agency, otherwise known as USADA. USADA manages the
    anti-doping program for all U.S. Olympic and Paralympic
    Committee recognized sport, national governing bodies, their
    athletes, and events.
        Dr. Rahul Gupta, our second witness, is President of GATC
    Health. From November 2021 to 2025, Dr. Gupta was the Director
    of the White House Office of National Drug Control Policy. He
    helped coordinate the U.S. anti-doping activities, including
    representing the U.S. at the World Anti-Doping Agency.
        Ms. Katie McLaughlin, a U.S. Olympian specializing in
    freestyle swimming events. She won a silver medal at the Tokyo
    2020 Olympic Games as a member of the U.S. Women's 4x200
    freestyle relay. Katie is also a three-time gold medalist at
    the World Championships, and a three-time NCAA champion.
        Ms. Dionne Koller, our final witness, is a professor of law
    and Director of the Center for Sport and Law at the University
    of Baltimore School of Law. Her academic focus is Olympics and
    Amateur Sports Law.
        Welcome to each of you. At this time, I recognize Mr.
    Tygart for your five-minute statement.

    STATEMENT OF TRAVIS T. TYGART, CHIEF EXECUTIVE OFFICER, UNITED
                       STATES ANTI-DOPING AGENCY

        Mr. Tygart. Thank you. Ninety-six. Ninety-six. That is the
    number of medals that were potentially impacted at the 2021 and
    2024 Olympic Games--96. This includes 18 American medals, 14 of
    which were potentially gold. These 96 medals were potentially
    impacted by China, sweeping dozens of positive tests on their
    elite-level swimmers under the rug, while the global regulator,
    the World Anti-Doping Agency, otherwise known as WADA, did
    nothing about it.
        Madam Chairwoman, members of the Committee, thank you for
    the opportunity to be here to discuss how we can protect the
    rights of American athletes and fairness in all Olympic and
    Paralympic competition. Unfortunately, we find ourselves once
    again at a crossroads for the soul of sport. Fairness,
    integrity are yet again under attack by the failures of the
    global anti-doping system.
        The urgency to act has never been greater, given that we,
    right now, are in the golden age of international sport in the
    United States. Major events, as we have already heard, like
    next summer's FIFA World Cup, the 2028 Summer Olympic and
    Paralympic Games, the 2034 Winter Games, are all coming to the
    United States. It is our time, and we all know that a home
    field advantage is important. But it does not overcome a doped
    field advantage, and America will be robbed again if we don't
    act and get WADA straight.
        This moment is not just about medals. It is about
    showcasing America's values and excellence. We are going to
    welcome the world and celebrate our commitment to fairness, to
    equal opportunity and clean competition.
        Athletes, like Katie who you are going to hear from, and
    their powerful stories, are our shining light. They are our
    North Star. This is why we are here pleading for help, to allow
    athletes to have a level playing field, and ensure America
    fulfills the promise of a fair mega-decade of sport in the
    United States.
        This China scandal is happening on the heels of the Russia
    state-sponsored doping scheme. It is no wonder why the world's
    athletes are incensed once again. And Madam Chairwoman, how
    does WADA respond? Instead of acknowledging and fixing its
    failures, WADA has dug in to protect the Chinese and its
    backroom secret decisionmaking process. If WADA had any
    legitimate answers, they would be here. This is the third time
    they have been invited but declined to come to Congress.
        So what can be done? First, WADA must disclose the entire
    Chinese TMZ dossier. Justice for athletes demands it. Second,
    the time for blind trust in WADA is over. WADA must be audited
    by independent experts.
        Finally, Madam Chairwoman, members of the Committee, WADA
    must be independent. One of the core principles of an effective
    anti-doping system is it must be free from sports influence.
    You cannot have the fox guarding the henhouse. It is a concept
    that is as simple as it is effective.
        Unfortunately, WADA is not independent. WADA promised the
    U.S. it would make their President and Vice President
    independent. They have betrayed that promise and they did a
    classic bait and switch. We should continue to hold U.S.
    funding until this promise has been delivered.
        In the first Trump administration, the White House took
    three impactful steps. First, working in a bipartisan way with
    Congress, authority was granted to ONDCP to withhold U.S.
    taxpayer funding unless WADA reformed and did its job. Also,
    the White House convened a landmark global summit on WADA and
    brought the world together, seeking change. Last, President
    Trump signed into law a very bipartisan Rodchenkov Anti-Doping
    Act, that allowed the prosecution of those who prey on
    athletes, such as coaches, trainers, doctors, and dirty
    officials.
        These actions sent a clear message, that the U.S. will not
    allow American athletes to get robbed, and that U.S. taxpayers
    will not continue to bankroll a broken system. We must continue
    to build on the momentum for change in a bipartisan way. We
    should work with our domestic partners, such as the United
    States Olympic and Paralympic Committee, domestic sponsors,
    including Comcast, Coca-Cola, Procter & Gamble, Visa, and
    others. Also, a coordinated government strategy with Congress,
    ONDCP and the State Department, working with our government
    partners and allies around the world to fix WADA.
        As the host of the upcoming games, the IOC and
    international sport are going to be expecting a lot from us.
    Congress and the White House should ensure the investment we
    are making into hosting these events is properly insured to
    protect the right of American athletes to win the right way on
    our home soil. We do not want to fund fraudulent games.
        Let me be very clear--we need a strong WADA. We support the
    mission. But we need a WADA that is truly independent, a global
    regulator, not a lapdog to interest other than anything besides
    clean athletes and fairness in sport.
        Thank you for your attention to this important matter and
    we look forward to your questions, but also ways we can
    continue to help fix this global system. Thank you.
        [The prepared statement of Mr. Tygart follows:]

       Prepared Statement of Travis T. Tygart, Chief Executive Officer,
                        United States Anti-Doping Agency
        Madame Chairwoman, members of the Committee, good morning. My name
    is Travis T. Tygart, CEO of the United States Anti-Doping Agency
    (USADA), a 501(c)(3), not-for-profit, incorporated in Colorado. I want
    to thank this Committee for its interest in clean sport and for the
    opportunity to appear before you to discuss how we can better protect
    the rights of athletes and the fairness of Olympic and Paralympic sport
    competition around the world.
        I want to speak to the Committee not only about the significant and
    urgent threat facing clean athletes and fair sport, but also the very
    feasible solutions to the current crisis.
        Once again, we find ourselves at a critical juncture for the soul
    of sport. Fairness and integrity in athletic competition--two
    principles at the very heart of why we play sports--are under attack.
    We need to act now to ensure accountability, justice for athletes, and
    reforms at the World Anti-Doping Agency (WADA). These reforms are
    necessary to protect the rights of clean American athletes and to
    preserve a level playing field. If we don't, we will be committing an
    unacceptable injustice to today's athletes, fans, and sponsors who
    believe in and invest in fair and clean competition. And equally
    intolerable, we risk undermining the dreams of tens of millions of
    youth all around the world who rely on the global anti-doping system to
    protect their ability to compete clean, safe, and on a fair playing
    field, not one stacked against them in favor of WADA's chosen few.
        The urgency to act could never be greater given the collapse in
    confidence in WADA right as America is preparing to host many major
    international competitions over the next 10 years, including the 2026
    FIFA World Cup, the 2028 LA Summer Olympic and Paralympic Games, and
    the 2034 Winter Olympic Games in Salt Lake City.
        We all know a home-field advantage does not overcome a doped field
    advantage and we will get robbed again if we don't act now! America
    isn't just hosting competitions--it's setting the standard. This moment
    isn't just about medals and trophies; it's about showcasing American
    values and excellence, welcoming the world, and reaffirming our
    commitment to fairness, opportunity, and clean competition.
        We view athletes--and their powerful stories--as USADA's guiding
    light, our North Star. Their stories give us hope, they remind us of
    our purpose, and they fuel us to continue to advocate for their right
    to clean and fair competition. This is why we have been outspoken about
    the failures of the Chinese Anti-Doping Agency (CHINADA) and WADA more
    broadly. This is why we are here today pleading for help to fix this
    mess and allow all athletes to truly have a level playing field. The
    system meant to protect clean sport needs to regain the trust of
    athletes who compete clean. Athletes must believe that the global
    regulator will have their back and change the rules to make them fair
    for athletes, not secretly change how they apply the rules to serve
    their own interests.
        Candidly, Madame Chairwoman, enough is enough. For clean athletes,
    it is yet again Groundhog Day, and this WADA horror show has run too
    long. As many of you may recall, in 2017, The House Energy and Commerce
    Subcommittee held a hearing where we, alongside Olympic medalists,
    Michael Phelps and Adam Nelson, testified about WADA's ineffectiveness,
    lack of leadership, and conflicted governance. We called for change
    then due to WADA's inept handling of the Russian state-sponsored doping
    scandal that robbed hundreds of athletes from around the world and
    stole their dream of Olympic and Paralympic success.
        In that devastating Russian affair, which is still on-going, WADA
    hoped to simply limit the damage, pacify Russia, and put the whole
    corrupt scheme in the rearview mirror. At that 2017 hearing, WADA
    supplied excuse after excuse for not uncovering Russia's drug program
    earlier and then leaned on technical justification for its failure to
    handle it `effectively' after courageous whistleblowers exposed it to
    the press.
        Also, as you may recall, in early 2020, this Committee held a
    hearing to discuss what could be done to fix WADA to protect American
    athletes and ensure a fair and clean 2028 LA Olympic and Paralympic
    Games. And, today, here we are again seeking answers after another
    scandalous affair.
                       New Revelations of WADA's Failure.
        Thanks again only to courageous whistleblowers and the media, the
    world has learned once again of WADA's failures and, that on the eve of
    the 2021 Olympic Games in Tokyo, WADA sat back and allowed China to
    disregard the rules and sweep 23 TMZ positive cases under the rug.
    These were not low-level athletes, these were the elite of the elite,
    the best of the best. And 13 of these swimmers who tested positive
    represented China in the 2021 Olympic Games in Tokyo. The Chinese
    swimming team won 13 medals, including 8 gold, at these Games. Worse
    yet, 11 of the TMZ 23 competed as part of the Chinese Olympic swim team
    at the 2024 Paris Games. A total of 96 medals were potentially impacted
    by these Chinese swimmers in the 2021 and 2024 Olympic Games with 18
    being from the United States including 14 potential gold medals. Clean
    American athletes trained for years, only to be potentially robbed on
    the world's biggest stage.
        Make no mistake, TMZ or trimetazidine is a potent performance-
    enhancing drug. It is banned at all times, not just during competition,
    due to the benefits it can give athletes in recovery and training. The
    prescribed sanction for testing positive for TMZ is a 4-year sanction.
    It is a controlled prescription drug not available in many parts of the
    world, including in the United States. It is not found in the water
    supply, the environment, or in any food or food ingredient. And it is
    not given to cattle or other livestock in the meat supply.
        At the 2017 House Energy & Commerce hearing, WADA testified that
    they needed an investigations team, using the lack of one as an excuse
    for failing to uncover the Russia state-sponsored doping scheme. Well,
    they got their wish for a big investigations team and a 65 percent
    increase in their annual budget to help fund investigations. U.S.
    taxpayers provide a significant part of WADA's budget, more than $3.6
    million each year. In fact, the U.S. is the single-highest payor of all
    the public authorities. Despite this large and experienced
    investigations team and new funding, WADA's investigators did not lift
    a finger to investigate these Chinese TMZ positives even with glaring
    evidence staring them in the face.\1\
    ---------------------------------------------------------------------------
        \1\ ``It should be noted that at the time of the events (i.e., from
    March to August 2021) the I&I Department was not involved in the
    handling of the case.'' Cottier, Eric. Final Report on the Case of 23
    Chinese Swimmers. Translated by World Anti-Doping Agency, 10, Sept.
    2024, www.wada-ama.org/sites/default/files/2024-09/
    202408_final_cottier_report_english_translation.pdf.
    ---------------------------------------------------------------------------
        Shockingly, since 2018, China has paid an extra $1.8 million, well
    over its required annual dues which are dramatically less than the U.S.
    annual dues. Out of the extra payments to WADA, China earmarked $500K
    specifically for Investigations and Intelligence work. As of May 2023,
    WADA has also entered into a partnership agreement with ANTA, a Chinese
    sports equipment company, for an undisclosed amount. This Chinese
    company has been a key sponsor of the Chinese Olympic Committee and 25
    Chinese national teams, including the Chinese National Swimming Team.
    WADA's relationship with China raises even deeper concerns given that
    WADA's Vice President is a Chinese sport representative and just one
    day after CHINADA sent WADA their decision to disregard the rules and
    sweep the 23 TMZ positives under the rug, WADA's Director General and
    Senior Director of Science and Medicine had a phone call with the
    Chinese Vice Minister of Sport, a member of the WADA Foundation
    Board.\2\ And, while no evidence of a quid pro quo has surfaced, the
    appearance of a conflict is quite troubling given these extra payments,
    WADA leadership's failure to involve its Intelligence and
    Investigations Team, and its obvious closeness with top leaders of
    Chinese sport and government.
    ---------------------------------------------------------------------------
        \2\ See Exhibit 1--Cottier Interim Report Annex, Summary of the
    Main Investigative and Analytical Acts carried out by WADA from the
    receipt of CHINADA's decision to the decision not to file an appeal
    (15.06.2021-31.07.2021), 1, July 2024.
    ---------------------------------------------------------------------------
        On top of that, Madame Chairwoman, these 23 TMZ positive cases came
    on the heels of WADA deciding to close an investigation into
    allegations of systemic doping in China during which they found the
    whistleblower to be credible.\3\ This whistleblower is a defector from
    China now living in Germany. She met with WADA investigators and
    informed them that, according to WADA's own investigations report,
    China was giving its athletes TMZ for performance-enhancing purposes.
    ---------------------------------------------------------------------------
        \3\ See Exhibit 2--WADA Investigation and Intelligence Report on
    Allegations by Chinese Whistleblower of systemic doping in China.
    ---------------------------------------------------------------------------
        A little over 9 months after this report, WADA received notice of
    23 Chinese athletes' positives for low levels of TMZ. And yet, WADA
    still claims to not have had enough evidence to even open an
    investigation. Incredible. It is the Keystone Cops at their worst. WADA
    handcuffed and blindfolded themselves. Their inaction will forever
    haunt athletes who competed against the 13 swimmers in the 2021 Tokyo
    Olympic Games, as well as those who competed against 11 of those same
    Chinese swimmers in the 2024 Paris Olympic Games.\4\
    ---------------------------------------------------------------------------
        \4\ See Exhibit 3--Letter to CHINADA of June 5, 2024 in which USADA
    offered assistance to CHINADA for transparency in this matter. We have
    genuine empathy for the 23 Chinese athletes, as the system failed them
    and now they are under a cloud of suspicion. Also, those Chinese
    athletes that competed against the 23 rightfully deserved the wins and
    any associated money or prizes from the event at which the 23 tested
    positive. If the rules would have been enforced as required, and these
    positive tests truly resulted from contamination, the Chinese athletes-
    without positive tests-would have been reallocated to their rightful
    place in that event since disqualification of the 23 athletes was
    mandatory.
    ---------------------------------------------------------------------------
              What Has Been WADA's Response to These Revelations?
        Instead of acknowledging mistakes and failures, WADA dug in to
    protect the Chinese and WADA leaders' secret decision making. Shortly
    after the news broke, at WADA's global press conference, WADA President
    and former Polish Sports Minister, Witold Banka stated, ``at every
    stage, WADA followed all due process and diligently investigated every
    lead and line of inquiry in this matter. If we had to do it over again
    now, we would do exactly the same thing.''\5\
    ---------------------------------------------------------------------------
        \5\ World Anti-Doping Agency. ``WADA Publishes Media Conference
    Recording Regarding Environmental Contamination Case of Swimmers from
    China.'' World Anti-Doping Agency, 22 Apr. 2024, www.wada-ama.org/en/
    news/wada-publishes-media-conference-recording-regarding-environmental-
    contamination-case-swimmers.
    ---------------------------------------------------------------------------
        However, facing a global demand for accountability by the United
    States and others, WADA scrambled to stage-manage its response,
    parading out what it boldly labeled an ``independent prosecutor's
    report'' on its handling of the Chinese TMZ positives. But the so-
    called independent investigation was stifled from the start. The scope
    of the investigation was severely restricted, and as the WADA
    investigator, Mr. Cottier even acknowledged in the report, ``the sense
    of justice or injustice, however, goes far beyond the scope of this
    investigation.'' \6\ Even so, the information that Mr. Cottier gathered
    clearly showed that China did not follow the rules and WADA leaders
    stepped aside to allow this to happen. WADA's hand-picked investigator
    concluded:
    ---------------------------------------------------------------------------
        \6\ Cottier, Eric. Final Report on the Case of 23 Chinese Swimmers.
    53.

            ``CHINADA's handling of the case had deviated significantly and
            fundamentally from the procedures laid down in anti-doping
            standards, that these deviations were particularly serious
            given that they had enabled the athletes concerned--in the
            absence of an appeal by WADA--to benefit from an absence of an
            ADRV (as well as an absence of any consequences). . . .'' \7\
    ---------------------------------------------------------------------------
        \7\ Cottier, Eric. Final Report on the Case of 23 Chinese Swimmers.
    32.

        On top of the failure to enforce the rules, any justification China
    gave for these cases being mass contamination is faulty at best and a
    complete lie at worst, one that WADA willingly accepted and
    regurgitated as it attempted to pull the wool over the world's eyes in
    an effort to defend why it allowed China to sweep these positives under
    the rug. However, the science did not solely justify this reasoning,
    anti-doping scientists called China's and WADA's conclusions ``not
    intellectually honest,'' and Cottier's scientist said the following in
    ---------------------------------------------------------------------------
    his WADA funded report:

            ``On the basis of these pharmacokinetic data alone, it is not
            possible to rule out intentional (or unintentional) intake of
            TMZ for doping or therapeutic purposes in the weeks leading up
            to the competition . . . I see no scientific argument of a
            pharmacokinetic nature in favor of one hypothesis over
            another.'' \8\
    ---------------------------------------------------------------------------
        \8\ Cottier, Eric. Final Report on the Case of 23 Chinese Swimmers.
    25.

        Unbelievably, WADA was telling the world a different story. In a
    ---------------------------------------------------------------------------
    CBS News report and elsewhere, WADA stated:

            ``compelling scientific evidence that pointed EXCLUSIVELY
            (emphasis added) to the fact that this was a case of no-fault
            contamination and not doping. WADA followed every process and
            line of inquiry when reviewing this file.''

        Further, WADA, by its letter of July 9, 2024, informed this
    Committee that the science, specifically the fluctuating positive-
    negative-positive (and, negative-positive-negative) of the Chinese
    athletes tests, confirmed contamination stating in this same letter,
    ``the positive-negative fluctuations were also inconsistent with
    deliberate prior use and consistent with low-level food
    contamination.''
        However, even the scientist retained by WADA's self-selected
    reviewer found this false stating, the ``sequence of positivity/
    negativity of each athlete's samples . . . makes it impossible to
    distinguish between athletes who may have intentionally taken TMZ in
    therapeutic doses well before the competition, and those who may have
    been contaminated in situ in the hotel by food/drink containing low
    doses of TMZ.'' \9\
    ---------------------------------------------------------------------------
        \9\ Cottier, Eric. Final Report on the Case of 23 Chinese Swimmers.
    26.
    ---------------------------------------------------------------------------
        No source of contamination was ever found by the Chinese.\10\ And
    yet, WADA accepted this flimsy excuse and launched attacks on anyone
    brave enough to question the charade.
    ---------------------------------------------------------------------------
        \10\ ``The Chinese had not found anyone on the kitchen or hotel
    staff taking TMZ. . .No traces of TMZ were found inside the containers,
    nor in the food itself.'' Cottier, Eric. Final Report on the Case of 23
    Chinese Swimmers. 19.
    ---------------------------------------------------------------------------
        It would be easier to believe that WADA's failure was a mistake and
    not an intentional and systemic willingness to grant special treatment
    to China had WADA not done the same thing at least three other times
    for China in the last couple of years. As media also revealed, two
    separate elite Chinese swimmers tested positive for a banned substance
    in late 2022 and were secretly, in violation of the mandatory rules,
    cleared of doping based on a contaminated hamburger theory.\11\ One of
    these athletes went on to win a bronze medal in the Paris Olympic Games
    ahead of five Team Canada relay athletes who could potentially claim
    today that they are Olympic medalists.
    ---------------------------------------------------------------------------
        \11\ See Exhibit 4--Schmidt, Michael S., and Tariq Panja. ``Top
    Chinese Swimmers Tested Positive for Banned Drug, Then Won Olympic
    Gold.'' The New York Times, 20 Apr. 2024, www.nytimes.com/2024/07/30/
    us/politics/china-swimmers-doping-food.html.
    ---------------------------------------------------------------------------
        Even more recently, WADA again showed its true colors by first
    appealing the case of Jannik Sinner, the world's number one ranked
    tennis player who tested positive for the anabolic agent clostebol.
    After rattling the saber and appealing for a sanction of 1-2 years
    under the rules, WADA capitulated and agreed at the final hour to drop
    its appeal and settle for a brief 3-month suspension through a rarely
    used provision allowing WADA to agree to resolutions otherwise outside
    the rules. This isn't justice--it's unfair and unequal enforcement by
    the global regulator. When defending itself from wide-criticism by the
    world's top tennis players, WADA revealed for the first time that this
    provision has been used at least 67 times.\12\ These backroom deals--
    apparently close to 70 in just four years since the provision was
    enacted--barely, if ever, see daylight.\13\ Meanwhile, even the WADA
    Executive Committee and Foundation Board are also left in the dark,
    with apparently only 13 of these cases disclosed in detail in their
    meeting documents. Transparency? Only when it suits them. Fairness? No,
    as a handful of people at WADA grant certain athletes, certain
    countries, secret and special treatment under the rules.
    ---------------------------------------------------------------------------
        \12\ See Exhibit 5--Nick Kyrgios called it a ``sad day for tennis''
    and declared that ``fairness in tennis does not exist.'' Stan Wawrinka
    was just as blunt, saying, ``I don't believe in a clean sport anymore.
    . .'' Daniil Medvedev said, ``I hope everyone can discuss with WADA and
    defend themselves like Jannik Sinner from now on.'' And the
    Professional Tennis Players Association, co-founded by Novak Djokovic
    and Vasek Pospisil, issued a sharp statement: ``Supposed case-by-case
    discretion is, in fact, merely cover for tailored deals, unfair
    treatment, and inconsistent rulings.'' ESPN News Services. ``Jannik
    Sinner Doping Deal 'Sad Day for Tennis'--Nick Kyrgios.'' ESPN, 15 Feb.
    2025, www.espn.com/tennis/story/_/id/43858770/jannik-sinner-doping-
    deal-sad-day-tennis.
        \13\ See Exhibit 6--Axon, Iain. ``WADA Settlement on Three-Month
    Ban Not Unique to Sinner Case, Says Chief Counsel.'' Reuters, 19 Feb.
    2025, www.reuters.com/sports/tennis/wada-settlement-three-month-ban-
    not-unique-sinner-case-says-chief-counsel-2025-02-19/.
    ---------------------------------------------------------------------------
        WADA lacks the will and determination to do things right.\14\ In
    May of 2024, immediately prior to the 2024 Paris Olympic Games, WADA
    lawyers informed top management that massive database issues were
    plaguing WADA's system; more than 900 athlete testing results that
    showed the presence of a banned substance were not showing up in WADA's
    database. Over 1,700 cases had information linking samples to
    individual athletes missing, and another 750 didn't have enough
    information to connect them with any athlete.\15\ And yet, until the
    New York Times broke the story, leaders at WADA would have apparently
    continued to keep the world's athletes, the public, and even the WADA
    Executive Committee and Foundation Board in the dark. This cannot
    continue.
    ---------------------------------------------------------------------------
        \14\ See Exhibit 7--Schmidt, Michael S., and Tariq Panja. ``WADA
    Faces Trust Crisis Amid Doping Database Concerns.'' The New York Times,
    27 Sept. 2024, www.nytimes.com/2024/09/27/world/wada-doping-database-
    crisis.html.
        \15\ Id.
    ---------------------------------------------------------------------------
        This level of disregard for athletes worldwide, and outright
    dereliction of their charter hasn't been the exception at WADA;
    recently, it has been the norm. Cottier, in his review of the TMZ 23
    even found this to be true, stating that ``Keeping track of the
    Agency's work and activities has been very complicated and tedious.
    Establishing a chronology has been a long and complex process, full of
    uncertainties.'' \16\ He further criticized WADA's dysfunction:
    ---------------------------------------------------------------------------
        \16\ Cottier, Eric. Final Report on the Case of 23 Chinese
    Swimmers. 54.

            ``the non-existence of the file--is unsatisfactory . . . The
            Agency should formalize the handling of cases by creating files
            that include a structure, a nomenclature, a summary document, a
            ``living chronology.'' This should cover everything from file
            opening to file closure. In particular, the latter should take
            the form of a formal memo, other than an e-mail circulated by
            the Director of the Legal Department within the Agency.'' \17\
    ---------------------------------------------------------------------------
        \17\ Id.

        And though WADA hopes our memories are short, let us not forget
    WADA's egregious mishandling of cases in the sport of weightlifting
    which was also exposed by whistleblowers and the media. We know, based
    on the ITA Report on Anti-Doping Violations in the International
    Weightlifting Federation (IWF), that WADA failed to successfully follow
    up on 146 international weightlifting cases between 2009-2019 such that
    elite level weightlifters competed at major international competitions
    including the Olympic Games and World Championships with pending
    positives. Some athletes escaped justice completely as a result of
    WADA's failure to oversee these cases which resulted in the tolling of
    the statute of limitations, giving cheating athletes a free pass.\18\
    ---------------------------------------------------------------------------
        \18\ International Testing Agency. Final Report: Anti-Doping Rule
    Violations and related allegations of misconduct from 2009 to 2019. 24
    June 2021, https://ita.sport/resource/ita-report-on-iwf-anti-doping-
    rule-violations-and-related-allegations-of-misconduct-from-2009-to-
    2019/
    ---------------------------------------------------------------------------
        It is even more shocking to know that the President of the IWF
    during this time, Tamas Ajan, was also a founding WADA board member and
    sat on the WADA Foundation Board-the main decision-making body of WADA-
    from its inception until 2018.
                          Doping Threat is Universal.
        To be clear, the threat of doping is a global problem, and the U.S.
    is not immune. As a nation of laws established on the ideals of
    justice, fairness and equality, the United States Olympic and
    Paralympic movement must lead the way and ensure we are doing
    everything we can do to set an example and protect athletes so that
    their decision to compete by the rules is honored. And, so that they
    can be the true heroes that they are when competing here at home and
    representing America in competitions around the globe. Clean athletes
    in many ways are the best example of our values and the importance of
    our principles when they compete and win the right way. These are the
    same Olympic and Paralympic values and it's why we have asked for
    answers.
        There are widely accepted core principles of an effective anti-
    doping program--the application of year-round, no-advance-notice, out-
    of-competition testing, certified labs, an active scientific research
    program to stay ahead of the cheaters, and a proactive, preventative
    education program for all athletes. But the most important part of the
    criteria is the idea that an effective anti-program must be free from
    the influence of sport and individual government interests. It must be
    independent.
        The word `independent' is thrown around a lot in the global Olympic
    and Paralympic movement. From our experience and perspective, however,
    the only true definition of `independence' is that those who govern or
    otherwise make decisions affecting others cannot have any actual or
    perceived interest in the outcome of their decision. We are proud of
    the fact that no one on the USADA Board can also serve in a paid or
    voluntary governing or employment position for any organization for
    which we administer an anti-doping program or for the government. Many
    of you have heard me say that you cannot have the fox guarding the
    henhouse. It is a concept that is as simple as it is effective.
        Unfortunately, WADA is not independent. The International Olympic
    Committee (IOC) pays half its budget; controls many governing seats and
    appointments and can essentially control WADA's decisions. It is ``pay
    to play'' for sport. Governments of the world, including the U.S., pay
    the other half of WADA's budget.
        As it stands, WADA's governance structure allows for its board
    members to serve in an executive capacity for sports organizations
    simultaneously. For example, during the Russian affair, WADA's
    President was also an IOC member and even served as an IOC Executive
    Board member while also serving as WADA President. WADA staff have
    admitted to not informing its Executive Committee of its decision to
    allow China to hide the 23 positive tests, acknowledging it did not do
    so to protect itself from public scrutiny. WADA has failed to answer
    whether the WADA President, or Vice President from China, were directly
    involved with the decision on the TMZ 23 and the more than 900 lost
    cases, or if the IOC, WADA's largest single-funder, was involved, or
    when they were made aware of decisions.
        But at WADA, with last month's Presidential and vice-presidential
    process, there was no real election. There was only a coronation. No
    open, competitive election, no other candidates, no willingness to
    speak about the vision for the future. Just WADA extending the
    incumbents term in office and allowing the handpicked heirs to continue
    to refuse needed reform. Athletes deserve better.
        With this election, WADA broke good governance practices and conned
    America and the entire world. As this Committee may recall from its
    2020 hearing, U.S. Appropriators began to include legislative language
    accompanying the U.S. dues requiring WADA governing boards to become
    more independent and incorporate athletes' voice and vote. WADA also
    went through two formal, global `reform processes' where a special
    governance working group was established to consult with stakeholders
    through surveys and in-person meetings. The sole purpose of these
    elaborate, expensive processes was to reform WADA to make it more
    effective and independent.
        Arising out of these processes, sparked by the U.S. demands for
    independence, WADA agreed to change and make the WADA President and
    Vice President independent positions, not ones appointed from sport and
    governments, as was the status quo. This reform was applauded by
    stakeholders including the U.S. and was supposed to take effect at the
    start of 2026.
        However, even after these lengthy `reform processes' where
    agreement was had for WADA to become more independent by making the
    WADA President and Vice President positions independent ones, in a
    closed-door meeting in May 2023, WADA leaders unilaterally disregarded
    the world's position and agreed to extend the term limits for the
    current government and sport appointed WADA President and Vice
    President. So, late last month, the former Polish Sports Minister and
    current WADA President and the Chinese sport appointment WADA Vice-
    President, will be appointed for another 3-years; thereby, delaying the
    installation of an independent President and Vice President until 2029,
    at the earliest.
        WADA made an agreement to become more independent, received the
    U.S. funding at the time, and then backed out of the deal. Classic
    `bait and switch'.
        If the IOC were to remove themselves and other sports organizations
    from critical anti-doping functions--the anti-doping landscape would be
    exponentially stronger. Clean athletes could trust the global system
    and be much better protected. Sport involvement in critical anti-doping
    enforcement is a glaring conflict of interest, and we know from
    experience that it's too much to expect any organization to effectively
    promote and police itself.
        There is renewed hope with Kirsty Coventry's recent election to
    lead the IOC--an indication that real change might still be possible--
    but only time will tell, and time has pretty much already run out for
    clean athletes.
                             So, What can be Done?
        USADA believes multiple solutions can be pursued to ensure
    accountability, transparency, and justice for athletes.\19\ First and
    foremost, American tax dollars shouldn't fund secrecy and double
    standards. We must continue to demand real transparency and tie every
    penny of funding to truth and accountability, not polished PR and anti-
    American attacks. That is how we stand up for clean sport and for the
    values this country was built on. This starts with the China dossier.
    Congress must require the entire China dossier, with all of the testing
    and scientific documents be made public. There are no credible reasons
    the entire dossier cannot be published. Anything less than that will
    not satisfy those who want to ensure justice for all athletes involved.
    ---------------------------------------------------------------------------
        \19\ See Exhibit 8--Letters from U.S. Athlete Committees and ONDCP
    Director Dr. Gupta to WADA President Banka. All USADA's requests are
    consistent with what U.S. athletes and ONDCP have also asked for.
    ---------------------------------------------------------------------------
        Second, the time for blind trust is over--WADA must also be
    audited, and the curtain pulled back on the performance behind the
    podium. As the global regulator, WADA has compliance powers and a large
    staff to perform audits, as it chooses, on other anti-doping
    organizations. WADA alone goes un-audited and unaccountable. Like
    athletes and anti-doping agencies around the world and throughout the
    WADA Code, including in Code Article 20.7, WADA has detailed roles and
    responsibilities. It has been over 25 years, and it is time for WADA to
    finally go through an independent, legitimate compliance audit of its
    roles and responsibilities under the WADA Code. Athletes and most anti-
    doping organizations are supposed to all be held to the strictest
    compliance standard by WADA, so it's time that WADA is also held to the
    standards in place for them.
        For example, even though WADA admits that CHINADA did not follow
    mandatory rules of the World Anti-Doping Code in its handling of the
    TMZ 23 positives, shockingly, WADA did not appeal the cases wrongly
    handled or conduct a compliance investigation or otherwise hold CHINADA
    accountable for its deliberate and blatant failure to follow the
    mandatory rules as is WADA's role under the World Anti-Doping Code.
        Third, the U.S. should not allow WADA to hustle us or the world by
    breaking its promise to install a truly independent WADA President and
    Vice President at the start of 2026. Allowing them to insult the world
    and good governance practices in this way should not be condoned but
    rejected. We should only restart our WADA dues payment when there is an
    independent WADA President and Vice President in the seats as was
    promised by WADA years ago.
        Fourth, we should support the current Administration through ONDCP
    and the State Department and non-government partners like the United
    States Olympic and Paralympic Committee (USOPC) to collaborate with
    other willing national and international partners to unite behind
    requiring WADA to do the right thing for the right reasons for athletes
    in a fair, transparent, and accountable way as has been discussed
    today. Of course, we are for collaboration and working together with
    WADA to achieve a strong, fair, and effective global anti-doping
    system.
        Up until late 2014, WADA and USADA worked hand and hand together
    and many of the successes were achieved in lock step with WADA and
    others around the world. We continue to stand ready to work with WADA
    and have reached out to them to have a constructive dialogue on the
    Chinese file to attempt to find common ground and a way forward.
    Unfortunately, despite repeated requests, WADA leaders refuse to meet
    even with intermediaries present and instead, only attempt to rewrite
    history on the Chinese file, divert, attack, and refuse to answer basic
    questions.
        Finally, WADA must set up an independent expert committee that
    makes the decision on all positive tests that do not result in an anti-
    doping rule violation and public announcement.\20\ The rules require
    this in all positive cases of this type and WADA has now finally
    admitted that China should have determined these 23 TMZ cases to be
    violations and therefore should have announced them back in 2021. This
    is a necessary check, to balance the power.
    ---------------------------------------------------------------------------
        \20\ See Exhibit 9--White Paper Written by Legal Expert, Steve
    Teitler from the Netherlands Anti-Doping Authority.
    ---------------------------------------------------------------------------
        Since WADA leadership did not inform the WADA Executive Committee
    about the decision to let China circumvent the rules, we should require
    that the WADA Executive Committee must be notified of all of these
    types of decisions. It can't be that a couple of WADA insiders in
    secret backrooms are allowed to pick and choose which countries and
    athletes have to follow the mandatory rules, and which ones get to
    follow an unwritten set of rules.
                   Momentum for Reform but America Must Lead.
        Despite global pleas and countless opportunities for
    accountability, WADA has slammed the door on transparency, deaf to the
    chorus of athletes and nations demanding the truth. If WADA truly
    believes in accountability and transparency, then an audit should be a
    welcome step, not a threat. Until then, every excuse sows more doubt
    across the world. The time for scripted statements is over. The world
    is watching and it's time for the truth.
        With broad support in the U.S., including from USADA, ONDCP under
    the steadfast leadership of Dr. Rahul Gupta and professional staff,
    Debbie Seguin, Rich Baum, and Anthony Jones, the Biden White House did
    the right thing and made 2024 U.S. funding to WADA conditional on
    several important outcomes including: WADA submitting to an independent
    code compliance operational audit; WADA dropping the ethics complaint
    it filed against Dr. Gupta in his role as a WADA Executive Committee
    member and the defamation lawsuit against USADA; WADA attending an in-
    person meeting with U.S. sports and anti-doping stakeholders; WADA
    suspending efforts to issue sanctions and consequences for
    ``Voluntary'' Public Authorities' non-payment of WADA dues; and, WADA
    implementing the Executive Committee Working Group Recommendations
    following the release of the Cottier Report.
        WADA did not agree, and the U.S. payment was rightfully withheld by
    the U.S. government for 2024.
        We are all disappointed that WADA has continuously declined to
    testify before any U.S. Congressional Committee and continues to
    double, even triple down, on deflecting fault and pointing fingers at
    the United States. In response to the legitimate questions, WADA again
    levied allegations that those from the U.S. were politically motivated
    against WADA, implying that these facts of the Chinese 23 TMZ cases
    were somehow made up. There was a clear violation of the rules, and
    WADA chose to do the politically expedient, rather than their job, and
    avoid answering the basic questions. It is also disappointing to
    repeatedly hear comments by the WADA President where he has the
    audacity to throw U.S. athletes under the bus by attempting to
    discredit their hard work and integrity. WADA has gone so far as to
    throw baseless lawsuits and ethics complaints against USADA and the
    former White House Director of National Drug Control Policy, Dr. Gupta.
    Both of these were tactics to weaponize the legal process against truth
    seekers. These were new lows, especially for a supposed ``values''
    based integrity organization. It seems clear that WADA will apparently
    stop at nothing to avoid accountability so that they can retain the
    power to decide which countries and athletes get special treatment.
        The U.S. is not alone in this assessment and concern. In 2022, a
    multi-national group of National Anti-Doping Organizations (NADOs),
    recognized threats to the legitimacy and credibility of the anti-doping
    community as a result of WADA's governance failures and developed
    guiding principles for a more fair and just system. Not but a year
    later, more than 20 NADOs from the Latin American region wrote the
    Ibero-American Anti-Doping Network (RILD) Manifesto, aimed at bringing
    to WADA's attention issues of compliance and Code integration and
    recommending that WADA undergo an audit in order to improve the global
    anti-doping system.\21\ WADA lashed out at this. More recently, an
    equally robust global group of over a dozen NADOs, including USADA,
    have requested to increase independence and facilitate more transparent
    preventive policies. Similarly, foreign governments are calling for
    change. A German Parliamentary State Secretary following a hearing
    similar to today's, stated that WADA is ``gambling away all acceptance
    and right to exist.'' This year, Former WADA Vice-President and current
    Norwegian Parliamentary Member, Linda Helleland, stated:
    ---------------------------------------------------------------------------
        \21\ See Exhibit 10--Red Iberoamericana de Lucha contra el Dopaje
    (``RILD''), Manifesto of the Parties for the Improvement, Review, and
    Updating of the Global Anti-Doping System. October 6, 2023.

            ``We have a global anti-doping organisation stripped of
            integrity and failing to fulfil its duties. Its role is to
            combat doping and ensure fair competition among athletes, yet
            it now appears more focused on protecting the interests of the
            dark forces undermining sports. As long as Wada fails to
            operate independently and transparently and shows no
            willingness for internal reform and change, Norwegian taxpayers
            should not contribute to the organisation. The government
            should follow the U.S. lead and withhold our funding. Failing
            to support the Americans would mean siding with Wada and
            China.'' \22\
    ---------------------------------------------------------------------------
        \22\ Rob Draper. UK and EU urged to follow U.S. and block funding
    for World Anti-Doping Agency. The Guardian. 15 Jan. 2025. https://
    www.theguardian.com/sport/2025/jan/15/uk-and-eu-urged-to-follow-us-and-
    block-funding-for-world-anti-doping-agency.

        Additionally, Nordic Ministers have expressed concern with the
    recent cases, stating they undermine trust in anti-doping work which
    has now also influenced the newly established Parliamentary Alliance at
    the Council of Europe on Good Governance and Integrity in Sport. In
    response, WADA has either ignored its stakeholders or tried to pit them
    against each other.
        Many have attempted to battle WADA's failures, sound the alarm, and
    push for reform, only to be stonewalled at every turn by powerful
    international sports politics. But the U.S. is uniquely positioned to
    affect change. As the single largest government contributor to WADA,
    withholding funds and advancing legislation like the Restoring
    Confidence in the World Anti-Doping Agency Act of 2025, shows how
    serious the U.S. is about change and the rights of all athletes. This
    effort for change doesn't impact our athletes' ability to compete
    internationally and it doesn't impact WADA's ability to serve athletes
    . . . only its leader's ability to take first-class flights and stay at
    five-star hotels. WADA will continue to say that withholding funds
    negatively affects athletes but there is nothing in their charter,
    statutes or Code to back it up. It's fear-mongering, banking on
    confusion over facts. But if we give in and release funds, we're
    telling WADA and the world that they can take our money, fail to do the
    job which results in American athletes losing unfairly, and get away
    with it. We cannot condone this behavior.
        With the golden age of sports coming to America, we must continue
    to support the united American stand against this misconduct. In its
    first administration, the Trump White House took three decisive and
    impactful actions that reasserted American leadership in the global
    fight for clean sport. First, working with Congress, they secured
    authority to withhold U.S. funding for WADA unless meaningful reforms
    were implemented. This is a critical leverage point, and one that was
    utilized by the Biden administration last year. In 2018, the Trump
    White House also convened a landmark summit on WADA reform, bringing
    together athletes and Government Sports Ministers from around the
    globe, all working together to achieve accountability. And perhaps most
    importantly, President Trump signed into law the Rodchenkov Anti-Doping
    Act, establishing U.S. jurisdiction to prosecute international doping
    conspiracies. These actions send a clear message that the U.S. will not
    bankroll a broken system and we must not stop now.
        Let me be very clear: athletes, sport, and the public need a strong
    and independent WADA. A fierce, fair, and effective global watchdog is
    absolutely essential to protecting the Olympic and Paralympic movement.
    But we need WADA to be a truly independent, global regulator, not
    merely the sport-controlled organization many want it to remain. WADA
    has the resources it needs to do right by athletes--now it just needs
    the will do the right thing.
        That's what is so frustrating for us at USADA and for the athletes
    we serve. The solutions are reasonable and within reach but finding
    leaders with the political will to implement those solutions has, so
    far, proven to be out of reach. Passing legislation focused on
    continuous accountability and prudent money management could be the
    first wake-up call, moving WADA and the IOC from complacency to
    sustained relevancy.
        With the Games coming to America, we have one shot to get it right.
    We cannot allow history to repeat itself, not on our watch, not in our
    country. This is our moment to protect clean athletes, uphold
    integrity, and show the world what fair, clean competition truly looks
    like.
        To a large extent, the personal well-being of the next generation
    of athletes hangs in the balance. This is not just about elite Olympic
    and Paralympic athletes--this is about every kid on a playground who
    has an Olympic or Paralympic dream and asks, ``What do I have to do to
    make my dreams come true and represent the U.S.A. on the biggest stage
    of competition?'' And, the truth is, if we as a movement don't push, if
    we don't win on all the issues that affect athletes, we will likely
    find ourselves back in this same position, years from now, staring down
    another egregious scandal that has abused athletes and robbed another
    generation of athletes in the process.
        And we will all be wondering why we didn't do more when we had the
    chance. Thank you for the invitation to appear before you today for
    your help in getting this right.
        Thank you, I look forward to your questions.

        Senator Curtis [presiding]. Thank you. Dr. Gupta, you are
    recognized for 5 minutes.

              STATEMENT OF DR. RAHUL GUPTA, MD, MPH, MBA,

            PRESIDENT, GATC HEALTH CORP AND FORMER DIRECTOR,

                OFFICE OF NATIONAL DRUG CONTROL POLICY,

                            THE WHITE HOUSE

        Dr. Gupta. Good afternoon. Thank you. Thank you, Madam
    Chair, Ranking Members, and this Committee.
        My name is Dr. Rahul Gupta. I serve as President of GATC
    Health Corp, a tech bio company, and formerly led the White
    House Office of National Drug Control Policy, representing the
    United States as well as the Americas region on WADA's
    Executive Committee.
        I am honored to testify here today on a matter that goes to
    the very heart of sport, fairness, and American values, the
    governance of the World Anti-Doping Agency, or WADA. We must
    never forget that behind every medal, every anthem, and every
    flag, there is an athlete, often a teenager or a young adult,
    who has dedicated their life to honest competition. They train
    in the dark before sunrise. They sacrifice their bodies, their
    free time, and sometimes futures, in pursuit of excellence, and
    they do it clean. Yet today, their dreams are being undermined,
    not by a rival but by the very institution meant to protect
    them.
        WADA was created to ensure that every athlete, in every
    country, plays by the same rules, but WADA has strayed from
    that mission, and the evidence is now undeniable. When 23
    Chinese swimmers tested positive for a banned substance before
    the Tokyo Olympics, WADA did not open an independent
    investigation. It did not inform its executive committee. It
    quietly accepted an explanation of contamination, and let those
    athletes compete while clean athletes from other countries
    watched the podium slip away. No athlete should have to ask,
    ``Did I lose because someone cheated and no one stopped it?''
    Yet, that is exactly what happened.
        And when I, as the U.S. representative to WADA, asked
    questions, why we were not told, why no sanctions, why no
    transparency, we were met with deflection. The so-called
    independent investigator offered no recommendations, no
    accountability, and no answers. This is not a technical lapse.
    It is a governance failure, and it breaks faith with every
    clean competitor.
        The United States, as WADA's largest public funder and
    founder, could not, in good conscience, continue business as
    usual. That is why we withheld our dues and demanded reforms.
    We need transparency in decisionmaking, true conflict of
    interest protections, independent oversight, and a permanent
    U.S. seat at the table. WADA leaders responded by removing us
    from its executive committee, and that is not because we broke
    rules, but because we dared to challenge a broken system.
        The United States was a democratically elected member
    representing the Americas region. That is now not how global
    institutions should operate. That is not leadership. That is
    fear of accountability. And the timing could not be more
    critical. As has been said here, in the next few years the
    world's eyes will turn to the United States for 2026 FIFA World
    Cup, 2028 L.A. Olympics, and 2034 Salt Lake City Winter Games.
    If WADA's dysfunction goes unaddressed, we risk hosting events
    under a cloud of doubt and distrust.
        This is not about vengeance. It is about vigilance. It is
    about restoring fairness, not just for American athletes, but
    for every athlete from every country who dares to play by the
    rules. Congress now has a once-in-a-generation opportunity to
    act, by passing legislation that ties U.S. funding to reform,
    by insisting that WADA includes athletes' voices and national
    accountability, and by making it clear that integrity is not
    negotiable. It is indeed the price of our support.
        Let me be very clear. This is not about medals. It is about
    meaning. It is about telling every clean athlete, from the
    swimmer in Nebraska, to the gymnast in Georgia, to the fencer
    in France, that we have your back, that doping will not win,
    that integrity still matters, and that the United States will
    not just play on the field, we will lead off it.
        Thank you and I look forward to your questions.
        [The prepared statement of Dr. Gupta follows:]

        Prepared Statement of Dr. Rahul Gupta, MD, MPH, MBA, President,
     GATC Health Corporation and former Director, Office of National Drug
                        Control Policy, The White House
                                  Introduction
        Good afternoon, Madame Chairwoman, Senator Blackburn, and members
    of the Committee. My name is Dr. Rahul Gupta, the President of GATC
    Health Corp, a tech-bio company and former Director of the White House
    Office of National Drug Control Policy. I appreciate the opportunity to
    testify today on a matter of critical importance to the integrity of
    international sports and the protection of clean athletes worldwide--
    the governance and effectiveness of the World Anti-Doping Agency
    (WADA). We must all be steadfast in our commitment to ensuring that
    American athletes compete on a level playing field and that our
    Nation's investments in anti-doping efforts are utilized effectively
    and responsibly and I thank this committee for holding this important
    hearing.
        I sit before you today not merely as the former member of the
    Executive Committee of WADA representing the Americas Region, but as a
    staunch advocate for the integrity of sports and the sanctity of fair
    competition. The United States has long been a leader in the fight
    against doping in sports, both domestically and internationally. With
    strong support from the United States, WADA was established with the
    noble intent to safeguard clean athletes and uphold the principles of
    fair play and now it finds itself at crossroads. Recent events have
    cast a long shadow over its credibility, and it is imperative that we,
    as stewards of justice and fairness, address these concerns with the
    urgency and gravity they deserve.\1\ These concerns are not only about
    specific incidents but also about systemic issues within WADA's
    governance and operations that undermine its credibility and
    effectiveness.
    ---------------------------------------------------------------------------
        \1\ https://bidenwhitehouse.archives.gov/ondcp/briefing-room/2024/
    07/09/ondcp-director-dr-
    rahul-gupta-statement-on-world-anti-doping-agency-interim-report/
    ---------------------------------------------------------------------------
        WADA was established in November 1999.\2\ Its mission is to promote
    and coordinate, internationally, the fight against doping in sport.
    WADA was created as an initiative of the International Olympic
    Committee with the support and participation of governments, national
    anti-doping organizations and other public and private bodies fighting
    against doping in sport. As the sole international regulatory body
    against doping in sport, WADA has a unique responsibility to ensure
    that international competitions, especially the Olympic and Paralympic
    Games, are fairly conducted with the highest possible standards of
    integrity. WADA's leadership structure consists of equal
    representatives from the Olympic Movement and public authorities
    (national governments).
    ---------------------------------------------------------------------------
        \2\ https://www.usada.org/wp-content/uploads/ONDCP-2021-WADA-
    Report-to-Congress_
    Final.pdf
    ---------------------------------------------------------------------------
        It is the responsibility of WADA to oversee anti-doping programs,
    which encompass drug testing not only during the Olympic Games but
    throughout the entirety of the year.\3\ Elite athletes who engage in
    doping often do so with the assistance of highly specialized
    scientists, who meticulously design and refine protocols aimed at
    minimizing or even eliminating the likelihood of detection.
    ---------------------------------------------------------------------------
        \3\ https://www.wada-ama.org/sites/default/files/resources/files/
    2021_wada_code.pdf
    ---------------------------------------------------------------------------
        These illicit efforts may be facilitated, supported, or shielded by
    corrupt entities within sports organizations, governmental bodies, law
    enforcement agencies, or intelligence networks.
        It remains WADA's primary responsibility to ensure that anti-doping
    programs are not only comprehensive but also resilient, verifying that
    laboratories worldwide possess the capability to detect all forms of
    doping substances and methodologies. Furthermore, WADA must diligently
    monitor the execution of testing procedures across the globe, ensuring
    uniformity and reliability. Given the critical nature of this
    responsibility, it is imperative that WADA takes every precaution to
    avoid even the slightest appearance of conflicts of interest. The
    agency's integrity and credibility hinge on its unwavering commitment
    to impartiality and transparency in its operations.
        The United States government and the American people must remain
    heavily invested in ensuring WADA's success and integrity. This
    investment is not merely financial--it is a moral and strategic
    commitment to preserving the core values of sport. American athletes
    devote countless hours, years, and often their entire youth to training
    and perfecting their craft. Their journeys are marked by resilience,
    discipline, and personal sacrifice. These athletes do not compete
    solely for medals or records; they represent a broader ideal--the
    belief that greatness can be achieved through honesty, hard work, and
    fair competition.
        In a global athletic arena, where the temptation and pressure to
    seek unfair advantage through performance-enhancing drugs remain ever-
    present, the role of WADA is indispensable. By championing anti-doping
    efforts, the agency protects not only the health and safety of athletes
    but also the very credibility of international competition.
        Support for WADA and calls for its reform are, therefore, a
    reflection of America's commitment to global leadership, fairness, and
    justice in sport. It ensures that clean athletes--whether they wear
    red, white, and blue or any other colors--compete on a level playing
    field. Continued investment also signals to the world that the United
    States will not tolerate corruption in sport and will lead by example
    in upholding the values that inspire millions.
        Ultimately, WADA's success is not just about catching cheaters--
    it's about protecting dreams, preserving the spirit of honest
    competition, and ensuring that when an athlete stands atop a podium,
    their achievement is untainted and fully earned.
       I. Role of the White House Office of National Drug Control Policy
                           (ONDCP), and its Partners
        The Office of National Drug Control Policy (ONDCP) plays a
    significant role in the United States' relationship with the World
    Anti-Doping Agency (WADA), and this role is overseen and influenced by
    Congress.\4\ On behalf of the United States government, Congress
    directs ONDCP to coordinate anti-doping activities at international
    level including at WADA. Partners include the U.S. Anti-Doping Agency
    (USADA), U.S. Olympic & Paralympic Committee (USOPC), Athletes'
    Advisory Council, Team USA, partner nations and others.\5\ Each year,
    Congress appropriates funds to ONDCP for anti-doping activities as well
    as for United States membership dues at WADA.
    ---------------------------------------------------------------------------
        \4\ https://www.congress.gov/crs-product/
    R46889#::text=ONDCP%20coordinates%20U.S.%20
    anti%2Ddoping,U.S.%20membership%20dues520to%20WADA.
        \5\ https://bidenwhitehouse.archives.gov/ondcp/briefing-room/2021/
    11/16/readout-of-anti-do
    ping-forum-hosted-by-ondcp-with-olympic-athletes-sponsors-broadcasters-
    and-other-stakeholders/
    ---------------------------------------------------------------------------
        When I assumed the role of Director at the Office of National Drug
    Control Policy (ONDCP) in November 2021, I was dismayed to discover
    that the United States had been systematically outmaneuvered and
    excluded from key governance bodies of WADA. This marginalization was
    particularly evident in the absence of American representation on
    WADA's Executive Committee, a critical decision-making body. I found
    this situation unacceptable, as it undermined our Nation's influence in
    shaping global anti-doping policies and protecting the interests of
    clean athletes.
        In response, we took decisive action. In April 2023, the United
    States was unanimously elected to the presidency of the American Sports
    Council (Consejo Americano del Deporte, or CADE), a 41-member
    association of Western Hemisphere sports ministers representing the
    Americas Region at WADA. As the new president of CADE, the United
    States automatically assumed a seat on WADA's Executive Committee,
    marking our participation in this capacity historic.\6\
    ---------------------------------------------------------------------------
        \6\ https://bidenwhitehouse.archives.gov/ondcp/briefing-room/2023/
    04/19/united-states-elected
    -to-the-presidency-of-the-american-sports-council-will-serve-on-the-
    world-anti-doping-agencys-executive-committee/
    ---------------------------------------------------------------------------
        This strategic move allowed us to reassert our leadership in the
    global anti-doping community. At the May 2023 Executive Committee
    meeting in Montreal, I pressed for accountability regarding Russia's
    past doping violations and advocated for the development of eligibility
    criteria that subject all athletes, including Russian athletes, to a
    minimum number of required doping tests.\7\ I also emphasized the
    importance of meaningful medal ceremonies for athletes affected by
    delayed investigations, such as the Kamila Valieva case, and strongly
    encouraged WADA to continue refining its governance reforms to ensure
    fair athletic competition.
    ---------------------------------------------------------------------------
        \7\ https://septewhitehouse.archives.gov/ondcp/briefing-room/2023/
    05/11/readout-of-wada-exe
    cutive-committee-meeting-as-usa-participates-as-member-for-first-time-
    since-2015/
    ---------------------------------------------------------------------------
        Additionally, as per the directions of Congress, I communicated to
    WADA leadership the need for significant additional reforms to the way
    WADA is structured and functions to ensure that the organization is
    able operate with independence and transparency of its operations,
    enhancing the role of athletes in WADA decision-making, and restoring
    confidence in clean competition.\8\ Our renewed engagement with WADA
    underscored the United States' commitment to promoting clean sport and
    ensuring that anti-doping efforts are transparent, effective, and fair.
    By actively participating in WADA's governance, we aimed to restore
    trust in the global anti-doping system and uphold the integrity of
    international athletics.
    ---------------------------------------------------------------------------
        \8\ From House Report 116-456, which reads in part: ``The Committee
    directs ONDCP to closely monitor WADA's reform efforts to determine
    whether WADA is making sufficient progress in increasing the
    independence and transparency of its operations, enhancing the role of
    athletes in WADA decision-making, and restoring confidence in clean
    competition.'' See page 42, CRPT-116hrpt456.pdf (congress.gov).
    ---------------------------------------------------------------------------
        However, in April 2024, a shocking revelation emerged that further
    underscored the agency's failures. On a Sunday morning, The New York
    Times published an investigative report revealing that 23 Chinese
    swimmers had tested positive for the banned substance trimetazidine
    (TMZ) before the 2021 Tokyo Olympics.\9\ Despite the positive tests,
    WADA accepted China's explanation of contamination without conducting
    an independent investigation, allowing the athletes to compete in the
    Tokyo Olympics without sanctions. This revelation was not disclosed
    during any Executive Committee meeting or official WADA communication
    but came to light through a media report, catching us all by surprise.
    ---------------------------------------------------------------------------
        \9\ https://www.nytimes.com/2024/04/20/world/asia/chinese-swimmers-
    doping-olympics.html
    ---------------------------------------------------------------------------
        This incident had far-reaching consequences. American athletes, who
    had trained tirelessly for the opportunity to compete on the world
    stage, found themselves questioning the integrity of the competition.
    Swimmer Allison Schmitt, a four-time Olympic gold medalist, expressed
    the unfading uncertainty felt by athletes: ``Many of us will be haunted
    by this podium finish that may have been impacted by doping.'' \10\
    ---------------------------------------------------------------------------
        \10\ https://www.scmp.com/sport/other-sport/article/3268072/
    michael-phelps-allison-schmitt
    -call-wada-reform-over-handling-chinese-swimmers-case
    ---------------------------------------------------------------------------
        The lack of transparency and accountability in handling this case
    raised serious concerns about WADA's commitment to enforcing anti-
    doping regulations impartially and effectively. The erosion of trust
    has not been limited to individual athletes. The United States Anti-
    Doping Agency (USADA) and the U.S. Olympic and Paralympic Committee
    (USOPC) Athletes' Advisory Council have all called for immediate
    reforms at WADA, citing systemic failures and a lack of transparency.
        The impact of WADA's failures extends beyond the sporting community
    itself. The credibility of international competitions is at stake, and
    the very foundation of fair play is being questioned. As Michael
    Phelps, the most decorated Olympian in history, testified before
    Congress, ``As athletes, our faith can no longer be blindly placed in
    the World Anti-Doping Agency, an organization that continues to prove
    that it is either incapable or unwilling to enforce its policies
    consistently around the world.'' \11\
    ---------------------------------------------------------------------------
        \11\ https://www.theguardian.com/sport/article/2024/jun/26/michael-
    phelps-says-us-athletes
    -losing-faith-in-wada-before-paris-olympics
    ---------------------------------------------------------------------------
        The time for complacency has passed. The United States, as a
    leading proponent of clean sport, must take decisive action to ensure
    that WADA reforms its governance structures and operations. By doing
    so, we reaffirm our commitment to fairness, integrity, and the
    protection of clean athletes worldwide, regardless of nationality.
          II. The Erosion of Trust: A Case Study in Governance Failure
        Madame Chairwoman and members of this esteemed Committee, WADA's
    governance challenges can be likened to buying a certified pre-owned
    vehicle from a reputable dealership. You expect that the car has been
    thoroughly inspected, that it's safe and roadworthy. But as soon as you
    drive it off the lot, the brakes fail and the engine sputters--and only
    then do you learn that the dealership has a history of skipping
    inspections altogether. The problem isn't just the faulty vehicle; it's
    the broken system that promised trust and delivered negligence.
        This allegory mirrors the situation with WADA. The agency,
    entrusted with the monumental responsibility of ensuring clean
    competition, has repeatedly failed to act decisively in the face of
    doping scandals. The case of 23 Chinese swimmers who tested positive
    for trimetazidine before the 2021 Tokyo Olympics is only one example.
    WADA's decision to accept China's explanation of contamination without
    conducting an independent investigation has eroded trust in WADA's
    commitment to clean sport and its ability to hold all nations
    accountable, regardless of their stature or political influence.
        The situation was further complicated by the appointment of Swiss
    prosecutor Eric Cottier to investigate the case. His appointment was
    effectively imposed by WADA management on the Executive Committee and
    the Foundation Board, neither of which was really afforded a fair and
    transparent opportunity to weigh in on alternative choices that may
    have been more independent. Critics, including the U.S. Anti-Doping
    Agency (USADA), questioned Cottier's independence due to his long-
    standing ties to WADA and its former auditor, Jacques Antenen as well
    as Mr. Cottier agreeing to the extremely limited scope of the
    investigation set by WADA which prevented a meaningful review.\12\ This
    raised concerns about the impartiality of the investigation and the
    transparency of WADA's decision-making processes.
    ---------------------------------------------------------------------------
        \12\ https://www.cbc.ca/sports/olympics/summer/aquatics/wada-china-
    prosecutor-defence-
    1.7189645
    ---------------------------------------------------------------------------
        Indeed, on July 01, 2024, Mr. Cottier issued an interim summary
    report and committed to provide a full list of recommendations to the
    WADA in its final Report.\13\ In his final Report in September 2024 Mr.
    Cottier provided no such list of recommendations and specifically
    noted, ``the Investigator has decided not to make any
    recommendations.'' \14\ At WADA's Executive Committee meeting in
    Turkiye, when I questioned Mr. Cottier about this significant deviation
    from his commitment, he became agitated and was unable to provide a
    cogent response. Similarly, he could not articulate that while he found
    significant deficiencies in CHINADA's (Chinese Anti-Doing Agency)
    actions in dealing with the positive TMZ findings as well as the
    contamination scenario, why would he bury those in his Report and not
    expand his investigation despite having the directives of the Executive
    Committee members to do so.\15\
    ---------------------------------------------------------------------------
        \13\ https://www.wada-ama.org/sites/default/files/2024-07/
    summary_report_en_0.pdf
        \14\ https://www.wada-ama.org/sites/default/files/2024-09/
    202408_final_cottier_report_eng
    lish_translation.pdf
        \15\ https://bidenwhitehouse.archives.gov/ondcp/briefing-room/2024/
    09/13/readout-of-ondcp-meetings-with-world-anti-doping-agency-
    executive-committee-international-olympic-committee-and-united-states-
    antidoping-agency-members/
    ---------------------------------------------------------------------------
         III. ONDCP Holds WADA Accountable by Withholding Dues Payment
        Regardless of the good faith efforts of the United States
    government to seek basic governance reforms including an independent
    code compliance operational audit and bringing more transparency and
    accountability into the institution, longstanding concerns over WADA's
    governance and handling of doping cases has remained.\16\ It was
    particularly troubling that WADA leadership failed to disclose to its
    own Executive Committee the decision to quietly accept CHINADA's
    explanation in a major doping case--a decision that effectively allowed
    a powerful nation to circumvent the rules without independent scrutiny.
    ---------------------------------------------------------------------------
        \16\ https://bidenwhitehouse.archives.gov/wp-content/uploads/2023/
    07/ONDCP-WADA-Report_July-2023.pdf
    ---------------------------------------------------------------------------
        Even more alarming was WADA's continued refusal to commit to
    informing the Executive Committee about such consequential matters in
    the future. This posture reflects a deliberate choice to preserve
    opacity over accountability--a status quo that serves bureaucratic
    comfort and potentially a corruptive mindset at the expense of public
    trust.
        To change this status quo, ONDCP asked WADA, in good faith, to
    commit to reform as a condition for U.S. dues payment including that
    WADA: (1) Fully and expeditiously implement the recommendations of the
    Executive Committee Working Group based on the findings of the Cottier
    and World Aquatics reports, keeping the Executive Committee informed of
    its progress; (2) Conduct an independent code-compliance audit, in
    conjunction with the WADA Risk and Audit Committee, of key components
    of WADA to identify areas to improve its existing policies and
    processes to execute its responsibilities under the World Anti-Doping
    Code; (3) WADA Management shall consult the Executive Committee before
    making decisions on significant matters that are likely to result in
    legal liability or reputational harm to the agency including, but not
    limited to, any non-mandatory litigation or any actions against its
    Executive Committee or Foundation Board members, including utilizing
    the ethics process; (4) Given the lack of prior Executive Committee,
    approval, WADA will unconditionally withdraw its litigation impacting
    the United States Anti-Doping Agency (USADA) by January 18th, 2025, and
    ensure that WADA's Independent Ethics Board accelerates its process to
    conclude its meritless conflict-of-interest complaint against the
    United States Government that had since been withdrawn by WADA; (5)
    Permanently suspend efforts to institute new sanctions on Public
    Authorities for the voluntary non-payment of dues while a feasible
    approach at UNESCO is pursued, in conjunction with WADA, consistent
    with the International Convention Against Doping in Sport; and (6)
    Ensure that the United States would continue its service as the
    Americas representative to the WADA Executive Committee.
        WADA leadership declined to tie the receipt of membership dues to
    any tangible reform, effectively signaling that financial support
    should come with no conditions, no expectations, and no meaningful
    oversight. In other words, they want no strings attached, regardless of
    performance or governance failure. As Director of ONDCP, a steward of
    public dollars and public trust, I could not in good conscience
    continue business as usual. That is why I made the decision to withhold
    the United States' $3.6 million contribution--the largest in the
    world--to WADA's 2024 budget. It was a necessary stand for reform,
    transparency, and the protection of clean athletes everywhere. We
    received broad support for this action from both institutions like
    USADA and the Athletes Advisory Council as well as independent
    athletes.
        In January 2025, WADA executed a strikingly unilateral and power-
    driven maneuver by removing the United States from its Executive
    Committee--a move widely condemned as unjustified, politically
    motivated, and emblematic of an organization more concerned with
    consolidating authority than fostering fair and inclusive
    governance.\17\
    ---------------------------------------------------------------------------
        \17\ https://www.reuters.com/sports/us-withholds-wada-dues-calls-
    reforms-global-watchdog-2025-01-08/
    ---------------------------------------------------------------------------
        In April 2025, the United States once again ran for and won the
    presidency of CADE through a transparent, democratic process--securing
    the mandate to represent the Americas Region on WADA's Executive
    Committee. Yet, in a troubling display of institutional defiance, WADA
    has refused to recognize the outcome and continues to block the seating
    of the region's duly elected representative. This refusal not only
    disregards the will of the Americas but further underscores WADA's
    resistance to accountability and representative governance.
        These incidents have made it clear to all serious stakeholders in
    international sport that WADA's governance structures are fundamentally
    inadequate. There is a growing global consensus that urgent reforms are
    needed to restore confidence, ensure transparency, and protect the
    principle of fair play--the heart of international competition.
             IV. Systemic Governance Failures: A Closer Examination
        WADA's challenges are not isolated incidents but indicative of
    deeper systemic issues within its governance structure:

      1.  Lack of Effective Leadership: The leadership of WADA, under its
            current President and Director General has been widely
            criticized for a consistent pattern of opacity, lack of
            accountability, and dismissiveness toward internal and external
            scrutiny. The acceptance of CHINADA's contamination explanation
            without conducting an independent investigation, and crucially,
            failing to timely inform its governing board or the public
            about the positive tests until they were exposed by media
            reports are just one of the several examples.

          Further concerns have arisen from WADA's unilateral selection of
            Swiss attorney Eric Cottier to lead the investigation into the
            case and later compelling the Executive Committee to accept the
            selection without providing terms of reference. Critics
            questioned his impartiality due to his longstanding ties to
            WADA and its former auditor, Jacques Antenen, raising doubts
            about the independence of the inquiry.\18\ These actions--or
            lack thereof--demonstrate a troubling disregard for the
            principles of transparency and accountability that are
            essential to maintaining trust in the global anti-doping
            system. The failure to address internal complaints and the
            apparent reluctance to engage with constructive criticism
            further undermine WADA's credibility and effectiveness in its
            mission to ensure fair competition in international sports.
    ---------------------------------------------------------------------------
        \18\ https://www.stateofswimming.com/wada-tested-on-state-of-
    independence-in-go-free-23-chinese-doping-positives-inquiry/

      2.  Lack of Independence in Leadership: WADA's leadership has been
            criticized for its close ties to the International Olympic
            Committee (IOC) and national sports federations.\19\ This
            interconnectedness raises concerns about the agency's ability
            to make impartial decisions free from external influences. In
            fact, when Salt Lake City was awarded the 2034 Winter Olympics,
            the IOC added a clause to the contract stating that the Games
            could be withdrawn if the U.S. government, USADA, or other U.S.
            bodies did not fully respect WADA's ``supreme authority'' in
            enforcing the World Anti-Doping Code.\20\
    ---------------------------------------------------------------------------
        \19\ https://www.nytimes.com/2024/12/31/us/politics/wada-doping-
    salt-lake-city-2034-olympics.html
        \20\ https://swimswam.com/salt-lake-city-named-as-host-for-2034-
    winter-olympic-games-despite-threats-from-dick-pound/

      3.  Inadequate Representation of Stakeholders: Despite the
            significant financial contributions from governments and the
            critical role of athletes in the anti-doping system, WADA's
            decision-making bodies lack adequate representation from these
            groups. For instance, the Athletes' Committee, which is
            supposed to represent the interests of athletes, has been
    ---------------------------------------------------------------------------
            criticized for its limited influence and lack of independence.

      4.  Conflicts of Interest: WADA's governance structures allow for
            potential conflicts of interest, particularly among members who
            have ties to organizations with a direct financial interest in
            WADA's decisions. This undermines the agency's ability to make
            decisions that prioritize the integrity of sport over the
            interests of powerful stakeholders. For instance, the
            involvement of WADA's General Counsel in defending the agency's
            decision not to appeal the acquittal of 23 Chinese swimmers who
            tested positive for the banned substance trimetazidine (TMZ)
            before the 2021 Tokyo Olympics has been criticized for
            violating WADA's own conflict of interest policy.\21\
    ---------------------------------------------------------------------------
        \21\ https://www.usatoday.com/story/sports/olympics/2024/04/22/
    chinese-swimmers-doping-controversy-wada/73413439007/

      5.  Bias Against the United States: WADA has recently undertaken a
            series of unauthorized and politically charged actions aimed at
            discrediting the United States government, its institutions,
            and its athletes--actions made all the more troubling by the
            fact that they are, in part, financed by U.S. taxpayer
            dollars.\22\ Without consultation or approval from its own
            governing bodies, WADA's leadership initiated a defamation
            lawsuit against USADA--a case it later withdrew--and filed a
            baseless conflict-of-interest complaint against the ONDCP
            Director, which was ultimately dismissed.\23\ These maneuvers
            reflect a disturbing pattern: the misuse of institutional
            authority and public resources to pursue personal or political
            vendettas. Rather than fostering collaboration, WADA continues
            to publicly rail against U.S. anti-doping laws and fuels
            unnecessary hostility among international partners.\24\ For an
            organization charged with safeguarding fairness and neutrality
            in sport, such behavior is not only inappropriate--it is
            disqualifying.
    ---------------------------------------------------------------------------
        \22\ https://www.bbc.com/sport/swimming/articles/c78e9540392o
        \23\ https://www.nytimes.com/2025/02/20/us/politics/wada-anti-
    doping-suit.html
        \24\ https://www.france24.com/en/live-news/20240725-us-not-the-
    world-s-anti-doping-policeman-says-wada-chief-banka

      6.  Ineffective Enforcement Mechanisms: One of the most consequential
            deficiencies at WADA lies in its chronically ineffective
            enforcement mechanisms. Despite its mandate to ensure
            compliance with the World Anti-Doping Code, WADA lacks the
            institutional will and operational independence necessary to
            uniformly and decisively sanction non-compliant countries or
            organizations. Time and again, this weakness has resulted in
            inconsistent applications of justice, with some nations facing
            significant scrutiny while others appear shielded by opaque
            processes or geopolitical influence.\25\
    ---------------------------------------------------------------------------
        \25\ https://www.insidethegames.biz/articles/1152386/wada-crisis-
    fight-anti-doping-collapsing

        The 2021 Chinese swimming case is emblematic. The reinstatement of
    Russia's anti-doping agency in 2018, despite evidence of widespread
    state-sponsored doping, provides yet another example of the agency's
    failure to take decisive action against major violators.\26\ Such
    failures to escalate and enforce compliance undermine the integrity of
    global sport, create a two-tiered system of justice, and send a
    damaging message to clean athletes: that consequences for doping depend
    less on facts and more on politics. Without enforceable standards and a
    credible willingness to act on them, WADA risks becoming a passive
    observer rather than the active regulator the world's athletes deserve.
    ---------------------------------------------------------------------------
        \26\ https://www.wada-ama.org/en/news/wada-executive-committee-
    unanimously-endorses-four
    -year-period-non-compliance-russian-
    anti#::text=The%20September%202018%20decision%20to,of
    %20the%20new%20Compliance%20Standard.
    ---------------------------------------------------------------------------
                      V. The Need for Comprehensive Reform
        Madame Chairwoman and esteemed members of the Committee, to address
    these systemic issues and restore trust in the global anti-doping
    system, the following reforms are proposed:

      1.  Governance Reform: WADA must submit to an independent code
            compliance operational audit that identify areas to improve its
            existing policies and processes in order to execute its
            responsibilities under the World Anti-Doping Code. WADA should
            implement an independent prosecutorial body to oversee
            investigations and ensure impartiality, particularly in high-
            profile cases.\27\ WADA needs to be more than a `Paper Tiger'
            to the cheaters and their national sponsors by significantly
            and consistently enhancing its compliance monitoring.
    ---------------------------------------------------------------------------
        \27\ https://www.usada.org/announcement/call-for-independent-
    prosecutor-wada/

      2.  Independent and Transparent Leadership: WADA and the global
            sports community deserves an independent President, Vice
            President and Director General, free from ties to the Olympic
            Movement or sports federations, and free from influence of
            other major nations.\28\ An independent oversight body should
            review and evaluate WADA's leadership decisions and
            actions.\29\ This body should foster a culture of
            accountability and non-political approach with the authority to
            assess leadership effectiveness, transparency, and
            accountability, ensuring that decisions align with the agency's
            mission and ethical standards.
    ---------------------------------------------------------------------------
        \28\ https://www.playthegame.org/news/the-wada-presidency-election-
    or-coronation/
        \29\ https://www.thetimes.com/sport/swimming/article/revealed-
    lawyer-linked-to-wada-and-silence-over-chinese-drug-scandal-
    6k6tgvrts?utm_ source=chatgpt.com®ion=global

      3.  United States Representation at WADA: The exclusion of the United
            States from WADA Executive Committee represents an existential
            crisis to the global sports community with profound
            implications for upcoming international sporting events hosted
            on U.S. soil. WADA's unilateral meritless decision to remove
            the legitimately elected representative for the entire Americas
            Region twice has far-reaching consequences, especially as the
            United States prepares to host major events such as the 2026
            FIFA World Cup, the 2028 Summer Olympics in Los Angeles and
            2034 Olympic and Paralympic Winter Games in Salt Lake City. The
            absence of this representation in WADA's decision-making
            processes undermines the agency's credibility and raises
            questions about the integrity of anti-doping efforts during
            these high-profile events. While U.S. athletes' eligibility to
            compete is not directly affected by the funding dispute, the
            global perception of the U.S. commitment to clean sport may be
    ---------------------------------------------------------------------------
            compromised.

          Furthermore, the situation risks straining relationships with
            international sporting bodies, potentially affecting future
            bids for major events. Specifically, the United States's
            exclusion from WADA's governing body not only impacts the
            agency's governance but also casts a shadow over the integrity
            of all upcoming international sporting events. American
            athletes cannot be guaranteed a level playing field if this
            bigotry is not addressed. Restoring U.S. participation in
            WADA's governing body is crucial to reaffirming our and the
            world's commitment to clean sport. Therefore, any future
            legislation must consider the requirement that WADA provides
            the United States its own permanent seat at either Executive
            Committee or the Foundation Board or both.

      4.  Enhanced Stakeholder Representation: WADA must include greater
            representation from national anti-doping organizations,
            independent athletes, and technical experts, ensuring that all
            relevant perspectives are considered in decision-making
            processes.

      5.  Robust Conflict-of-Interest Policies: The integrity of any global
            regulatory body depends fundamentally on the trust it inspires,
            and this trust is eroded when real or perceived conflicts of
            interest go unchecked. For WADA, robust conflict-of-interest
            policies should not be treated as a procedural luxury--which it
            currently does, but a structural necessity. Recent
            controversies, including the role of a WADA employee, who
            reportedly advised against referring the Chinese doping case to
            the Court of Arbitration for Sport (CAS) before later becoming
            WADA's General Counsel, highlight the risks of blurred
            professional boundaries and insufficient internal
            safeguards.\30\
    ---------------------------------------------------------------------------
        \30\ https://www.cbc.ca/radio/thecurrent/wednesday-may-22-2024-
    full-transcript-1.7212131

          When senior legal counsel, investigators, or board members have
            overlapping professional relationships with external parties
            under investigation--or may personally benefit from
            institutional decisions--WADA's credibility is imperiled. To
            remedy this, WADA must adopt and enforce rigorous,
            independently audited conflict-of-interest policies for all its
            leadership employees and board positions. These policies should
            include full disclosure of all affiliations, mandatory recusals
            in relevant cases, cooling-off periods for appointments, and an
            external ethics ombudsman empowered to investigate and report
            findings publicly. Without clear, enforceable standards, WADA
            risks continuing to operate in the shadow of impropriety,
            eroding the global confidence that clean athletes and national
    ---------------------------------------------------------------------------
            anti-doping bodies demand.

      6.  Transparent and Accountable Decision-Making: Transparent and
            accountable decision-making must become a central pillar of
            WADA's operations if it is to maintain legitimacy as the global
            standard-bearer for anti-doping. At present, key decisions--
            such as the handling of the 2021 Chinese doping scandal--have
            occurred without proper disclosure to WADA's own Executive
            Committee, let alone the public. This failure to communicate
            critical developments in real time erodes confidence not only
            among national anti-doping agencies and athletes but also among
            governments who fund and rely on WADA's impartiality.
            Transparency is not just about publishing decisions after the
            fact; it is about creating a culture where deliberations,
            rationale, and procedural steps are visible and accessible,
            subject to internal checks and external scrutiny.

          Accountability, in turn, demands mechanisms for review,
            correction, and consequence--including independent audits,
            appeals processes, and stakeholder oversight. WADA must adopt
            practices seen in mature international governance bodies, such
            as publishing minutes of key meetings, disclosing conflicts,
            and issuing timely updates on case progress. Only by embedding
            transparency and accountability in its DNA can WADA reclaim its
            moral authority and rebuild the trust of the athletes and
            institutions it is designed to serve.

      7.  Effective Enforcement Mechanisms: For WADA to fulfill its core
            mandate and command respect from the global sporting community,
            it must implement far more effective enforcement mechanisms.
            WADA must establish an autonomous, investigative arm with full
            independence from its political and executive leadership--
            modeled perhaps after prosecutorial divisions in financial
            oversight bodies or ethics committees in international law. In
            addition, WADA must apply its Code uniformly across all member
            countries, regardless of geopolitical or economic
            considerations, and ensure that all enforcement decisions are
            transparently documented and open to review. Enforcement cannot
            be selective or politically convenient; it must be principled,
            consistent, and courageous--or risk rendering the global anti-
            doping system ineffective and irrelevant.

        These reforms are not merely aspirational suggestions or
    bureaucratic niceties; they are foundational imperatives if WADA is to
    meaningfully fulfill its mission of protecting clean sport. Without
    decisive action to address the structural deficiencies in governance,
    transparency, enforcement, and conflict-of-interest management, WADA
    risks becoming a passive figurehead--present in name but ineffective in
    action. The global anti-doping system cannot afford such erosion of
    trust. Athletes from every nation, especially those who choose
    integrity over shortcuts, deserve a regulatory body that operates with
    rigor, independence, and unwavering fairness. These reforms are
    essential to restore confidence among national anti-doping
    organizations, to uphold the credibility of international competitions,
    and above all, to guarantee that the playing field is level--not just
    in rhetoric, but in reality. The future of fair sport depends not on
    words, but on action. WADA must either evolve with urgency and
    resolve--or forfeit the trust of the very athletes and institutions it
    was created to serve.
    VI. The Role of the United States and United States Congress in Driving
                                     Reform
        As the largest financial contributor to WADA, the United States has
    both a responsibility and an opportunity to lead efforts to reform the
    agency. The United States should continue to engage with international
    partners and stakeholders to advocate for greater transparency,
    stronger governance, and meaningful accountability within WADA.
    However, without decisive structural changes, there is a real danger
    that WADA will continue to function in an opaque, self-protective
    manner--imperiling the trust of clean athletes worldwide.
        Beyond its governmental contributions, the United States plays a
    disproportionately large financial role in the broader Olympic
    ecosystem. U.S.-based companies make up the majority of corporate
    sponsors supporting the International Olympic Committee (IOC). For
    instance, companies such as Coca-Cola, Visa, Intel, and Airbnb
    collectively contribute billions of dollars to the IOC through the TOP
    (The Olympic Partner) sponsorship program. These commercial investments
    are not mere branding exercises; they reflect a commitment to the
    Olympic values of excellence, respect, and fair play. However, when
    doping violations are inadequately investigated or politically
    suppressed, it tarnishes the integrity of the very competitions these
    companies are underwriting--and, by extension, erodes the value of
    their investment.
        The United States has long been a global leader in anti-doping
    policy, both through its funding and through the operational excellence
    of the U.S. Anti-Doping Agency (USADA). This commitment is more than
    financial; it is deeply cultural and ethical. To that end, Congress is
    considering the ``Restoring Confidence in the World Anti-Doping Agency
    Act,'' which would grant ONDCP the authority to withhold funding from
    WADA unless the organization implements meaningful governance
    reforms.\31\ This measure underscores the seriousness with which the
    U.S. Congress regards WADA's obligations to athletes and to the
    integrity of global sport. At a time when the world is watching--and
    the United States is preparing to host landmark events like the 2026
    FIFA World Cup and the 2028 Los Angeles Olympic and Paralympic Games--
    reform is not just appropriate, it is imperative.
    ---------------------------------------------------------------------------
        \31\ https://www.blackburn.senate.gov/services/files/6E1EB3C9-0C3A-
    4E58-99AC-AF24AE9
    F4DEE
    ---------------------------------------------------------------------------
            The Role of the United States Congress in Reforming WADA
        Congress has several strategic tools at its disposal to drive
    reform at WADA and ensure the agency operates with greater
    transparency, accountability, and effectiveness. They include:

      1.  Conditional Funding Legislation

        Congress can pass legislation--such as the proposed ``Restoring
    Confidence in the World Anti-Doping Agency Act''--that ties future U.S.
    funding contributions to specific governance reforms. This approach
    gives the U.S. leverage by linking its funding to meaningful
    institutional change without undermining clean athletes.
        These conditions may include:

      a)  WADA routinely submit to an independent code compliance
            operational audit

      b)  Greater independent athlete representation on WADA's boards and
            committees.

      c)  Mandatory conflict-of-interest disclosures and recusal policies.

      d)  Independent investigations for major doping cases.

      e)  Clear and public decision-making processes.

      f)  Providing whistleblower protections

      g)  WADA permanently suspend its efforts to institute new sanctions
            on Public Authorities for the voluntary non-payment of dues.

      2.  Strengthen ONDCP's Oversight Role

        Congress can formally expand the authority of the Office of
    National Drug Control Policy (ONDCP) to oversee U.S. participation in
    international anti-doping bodies. This would allow ONDCP to:

      a)  Represent U.S. interests at WADA by requiring a permanent U.S.
            representation (seats) on WADA Executive Committee or
            Foundation Board or both.

      b)  Collaborate with USADA to issue public evaluations of WADA's
            compliance with best practices.

        Furthermore, it is noteworthy that the ONDCP has long housed and
    overseen the U.S. government's role at WADA, aligning with its broader
    mission of coordinating U.S. anti-doping policy across Federal
    agencies, international partners, and sport organizations Congress
    should reject any proposed transfer of the ONDCP portfolio to another
    Federal agency which would risk undermining the U.S.'s leadership role
    and credibility in global anti-doping efforts.

      3.  Convene Hearings and Investigations

        Madame Chairwoman, I commend this committee for holding a public
    hearing on WADA's governance failures. Future hearings may include:

      a)  WADA's systemic failures to complete governance reforms and
            become a transparent and accountable international anti-doping
            body.

      b)  The role of conflicted officials at WADA in creating an uneven
            playing field in sports leading to an inherent disadvantage for
            American athletes.

      c)  The exclusion of the United States from the Executive Committee
            and Foundation Board.

      d)  The role of `gifts' and other asymmetric influences on WADA
            leadership from national bodies and private sectors

      e)  Consideration of an alternative authority should the WADA anti-
            doping regime continue to fall short of its commitments to the
            global sports community.

      4.  Leverage Diplomatic Channels

        Congress can call on the State Department and U.S. representatives
    to international sporting organizations to:

      a)  Build coalitions with like-minded countries seeking reform.

      b)  Coordinate with international bodies (such as UNESCO, which hosts
            the anti-doping convention) to update governance standards.

      c)  Demand that WADA be held to international norms for transparency
            and integrity.

      5.  Engage with Corporate Stakeholders

        Because U.S.-based corporations contribute billions of dollars to
    the IOC and, indirectly, to the global sports system, Congress can use
    its platform to engage these companies. By encouraging them to advocate
    for clean sport and institutional reform as part of their corporate
    social responsibility, Congress can add economic pressure to the demand
    for change.

      6.  Support Alternative Oversight Mechanisms

        Congress could also consider supporting or proposing the
    establishment of a new independent anti-doping oversight panel (or
    international watchdog) that audits WADA decisions and compliance. This
    would be a last-resort measure, but it would send a clear signal to
    WADA that accountability is non-negotiable.
                                VII. Conclusion
        The integrity of global sport hangs in the balance. The failures of
    the World Anti-Doping Agency--from its opaque handling of the Chinese
    doping scandal to its disregard for transparency, accountability, and
    good governance--have eroded the trust of athletes, nations, and the
    public. These are not abstract missteps; they are real harms inflicted
    on clean athletes who train their entire lives for a level playing
    field, only to find that politics and protectionism too often
    overshadow justice.
        The United States has long stood as a global leader in the fight
    against doping. Our athletes, our institutions, and our taxpayers have
    invested heavily--not only financially, but morally--in upholding the
    ideals of fairness, integrity, and truth in sport. With the 2026 FIFA
    World Cup, Olympic qualifiers, 2028 Olympic and Paralympic Games on the
    horizon, and the 2034 Winter Olympic and Paralympic Games in Salt Lake
    City hosted on U.S. soil, our responsibility to lead is not just
    national--it is global.
        Now is the time for action. WADA must undergo serious and immediate
    reform to restore its legitimacy. That means new leadership untainted
    by institutional self-interest, meaningful stakeholder representation,
    stringent conflict-of-interest policies, and independent enforcement
    mechanisms that hold every nation equally accountable. It also means
    ensuring that the United States--as a primary funder and partner--is no
    longer sidelined from executive decision-making.
        Reform is not optional. It is essential. The credibility of WADA
    and the future of clean sport depend on our willingness--collectively
    and courageously--to demand better. We owe that to every athlete who
    competes clean, to every child who dreams of standing on a podium, and
    to every fan who believes that sport still has the power to inspire.
        Thank you for your attention to this pressing matter. I look
    forward to your questions and to working together to restore confidence
    in the global anti-doping system.

        Senator Curtis. Thank you, Doctor. Miss McLaughlin, you
    have the floor for 5 minutes. Thank you for being here today.

              STATEMENT OF KATHRYN ``KATIE'' McLAUGHLIN,
                         FORMER OLYMPIC SWIMMER

        Ms. McLaughlin. Good afternoon, Madam Chairwoman, Ranking
    Member, and members of the Committee. Thank you guys so much
    for having me.
        My name is Katie McLaughlin. I am an Olympic silver
    medalist, and I am so honored to be here and share my story
    with such an accomplished group.
        When preparing this, I kept telling my mom, and anyone that
    would listen to me, how unreal it felt, because I just feel
    like I am just a girl that had a big dream. And I think that is
    exactly why I do feel like I belong here. I am just a girl who
    dreamed of swimming for Team USA, and now it matters so deeply
    to me that the next version of me, and the next generation who
    has a dream of doing the same, gets to compete on a level
    playing field.
        Like many swimmers, I grew up glued to the Olympics on TV.
    In 2008, I was 11 years old and I remember watching Natalie
    Coughlin, Michael Phelps, and all those Team USA relays, just
    dominate. And I felt this overwhelming pride to be an American.
    And I knew I would do anything to be in their shoes one day. No
    matter how much time or work or sacrifice it would take to get
    there, I was going to do it.
        And as one could imagine, being an elite athlete or
    Olympian takes a ton of hard work and sacrifice. We show up to
    the pool 10 times a week, 11 1/2 months out of the year, and
    hope at the end of it all we are tenths or hundreds of a second
    better than we were the year prior. We spend that much time
    training, looking for an edge or just something to set
    ourselves apart. And again, as a clean athlete, that was the
    only way and the only option to lead me to achieve my dreams.
        And it did. At 15, I made the national team for the first
    time and was entered into the anti-doping testing program,
    which meant I had to let officials know where I would be 24/7,
    every day of the year. They could show up at my house or school
    or practice anytime, anywhere, for random drug testing. And
    they did. And over the next 10 years, I was tested more times
    than I could count.
        But I never once questioned it, because I believed that is
    what we all did. I believed in the system, I believed in fair
    play and I never even considered that anyone might not feel the
    same. To me, competing clean wasn't just a rule. It was a
    responsibility. I was representing my country, my teammates, my
    family, and when I stood on the blocks, I wanted to know that I
    earned that place honestly.
        When my relay team swam under the world record time in
    Tokyo, we asked to be tested, even though we had not won gold.
    We wanted it documented that we were proud to race clean. That
    is how much we believed in the principle.
        So when I learned later that some competitors may not have
    had that same lead-up, that the rules did not apply to these
    athletes, it broke my heart and my teammates' hearts. Because,
    Madam Chairwoman, clean athletes carry the weight of sacrifice
    and discipline and transparency, and when that is not honored
    it undermines the whole point of what we are fighting for.
        What is particularly disheartening, as well, is to learn
    that the powers that be, WADA, who is supposed to be the one
    holding everyone to the same standard, is not holding everyone
    accountable. It is really hard to understand how the
    fundamentals of sport, and pride for hard work, and pride for
    representing one's country, has been tainted by these actions.
        In 2016, I was hoping to make my first Olympic team, and 5
    months before our trials, I fractured a vertebra in my neck.
    And I tried to come back in time and I didn't make the team,
    and it was devastating, but it lit a fire in me and I knew I
    would be back. And I was. In 2021, I finally made the Olympic
    team and won a silver medal in the 4x200 relay, and it was an
    absolute dream. My teammates and I left everything in the pool.
    We believed in doing it the right way and we were so proud of
    our hard work that earned that medal for the USA.
        In 2016, that personal heartbreak was out of my control, a
    complete accident that inspired me to be back. But in 2021,
    when learning about the scandal about the Chinese swimmers, and
    how that could have been prevented had the correct rules been
    applied, that one had a different sting. And at the end of the
    day, we can only control ourselves, and that has given me peace
    as I have stepped away from the sport, knowing I gave it
    everything and that my family, coaches and supporters
    sacrificed so much to help me chase my dreams.
        But what about the next young athlete who steps up on the
    blocks and does not have a shot at fairness? Young athletes get
    one chance to achieve their dream and they can't on an uneven
    playing field, and that is what drives me to speak up today. I
    don't want to stay quiet knowing another young girl like me is
    out there working just as hard and she might not get a fair
    shot.
        Madam Chairwoman, we Olympians are individuals with
    individual stories, but what unites us is that we fight for
    honest, clean, and fair competition. At the end of the day, it
    is about the people, it is about the pride, sacrifice, and
    integrity. And it should never have to be a question about
    whether the playing field is level. I care about the future of
    my sport, and that everyone dreaming of being in my shoes gets
    a fair shot at achieving their dreams.
        Thank you all for listening, and thank you for your
    leadership and help protecting the future of sports.
        [The prepared statement of Ms. McLaughlin follows:]

              Prepared Statement of Kathryn ``Katie'' McLaughlin,
                             Former Olympic Swimmer
        Wow. I'm so honored to be here and to share my story with such an
    accomplished group.
        When preparing this, I kept telling my mom how surreal it felt--
    because I still feel like I'm just a girl that had a big dream. But
    that's exactly why I do feel like I belong here. I am just a girl who
    dreamed of swimming for Team USA. And now, it matters deeply to me that
    the next version of me--the next generation who has a dream of doing
    the same--gets to compete on a level playing field.
        Like many swimmers, I grew up glued to the Olympics on TV. In 2008,
    when I was 11, I watched Natalie Coughlin, Michael Phelps, and the Team
    USA relays dominate. I felt this overwhelming pride to be American, and
    I knew I would do anything to be in their shoes one day. No matter how
    much time, work, and sacrifice it would take to get there, I would do
    it.
        And as one could imagine, being an elite athlete/Olympian takes a
    ton of hard work and sacrifice. We show up to the pool 10 times a week,
    11.5 months out of the year and hope at the end of it all, we are
    tenths or hundredths of a second better than we were the year prior. We
    spend that much time training, looking for an edge and something to set
    ourselves apart. And again, as a clean athlete, that was the only way
    and the only option to lead me to achieve my dreams.
        At 15, I made the national team for the first time--and was entered
    into the anti-doping testing program. That meant I had to let officials
    know where I would be, 24/7, every day of the year. They could show up
    at my house, school, or practice--any time--for random drug testing.
        And they did. Over the next 10 years, I was tested more than I can
    count. I never once questioned it. Because I believed that's what we
    all did. I believed in the system. I believed in fair play. I never
    even considered that anyone might not feel the same.
        To me, competing clean wasn't just a rule--it was a responsibility.
    I was representing my country, my teammates, my family. And when I
    stood on the blocks, I wanted to know I earned that place honestly.
        When my relay team swam under the world record time in Tokyo, we
    asked to be tested--even though we hadn't won gold (which is standard
    practice--gold or world record = testing). We wanted it documented: we
    were proud to race clean. That's how much we believed in the principle.
        So when I learned later that some competitors may not have had that
    same lead-up--that the rules did not apply to these athletes--it broke
    my heart.
        Because clean athletes carry the weight of sacrifice, discipline,
    and transparency. And when that's not honored, it undermines the whole
    point of what we're fighting for.
        What is particularly disheartening as well is to learn that the
    powers at be, WADA--who is supposed to be the ones holding everyone to
    the same standard, are not holding everyone accountable. It is really
    hard to understand how the fundamentals of sport and pride for hard
    work and pride for representing one's country has been tainted by such
    actions.
        In 2016, I was hoping to make my first Olympic team. But five
    months before trials, I fractured a vertebra in my neck. I tried to
    come back in time, but I didn't make the team. It was devastating--but
    it lit a fire in me. I knew I'd be back. And I was. In 2021, I finally
    made the Olympic team.
        Winning a silver medal in the 4x200 relay was an absolute dream. My
    teammates and I left everything in that pool. We believed in the work.
    We believed in doing it the right way and we were so proud to have
    earned that medal for the USA because we knew we had done everything we
    could to be at our best that day.
        In 2016, my personal heartbreak was out of my control, a complete
    accident that inspired me to be back. But in 2021, when learning about
    the scandal with the Chinese swimmers and how that could have been
    prevented had the correct policies been applied, that one had a
    different sting.
        At the end of the day, we can only control ourselves. That gave me
    peace as I stepped away from the sport--knowing I gave it everything,
    and that my family, coaches, and supporters sacrificed so much to help
    me chase my dreams.
        But what about the next young athlete who steps up on the blocks
    and does not have a shot at fairness? Who gets one chance to achieve
    their dream and must do so on an uneven playing field? That's what
    drives me to speak up today.
        I don't want to stay quiet knowing another young girl like me is
    out there, working just as hard--and she might not get a fair shot.
        We Olympians are individuals with individual stories. But what
    unites us is that we fight for honest, clean, fair competition.
        At the end of the day, it's about the people. It's about pride,
    sacrifice, and integrity. And it should never have to be about whether
    the playing field was level. I care about the future of my sport and
    that everyone dreaming of being in my shoes gets a fair shot at
    achieving their dreams.
        Thank you for listening--and for helping protect the future of
    sport.

        Senator Blackburn [presiding]. Ms. Koller, you are
    recognized for five minutes.

              STATEMENT OF DIONNE KOLLER, PROFESSOR OF LAW

             AND DIRECTOR OF THE CENTER FOR SPORT AND LAW,

                 UNIVERSITY OF BALTIMORE SCHOOL OF LAW

        Ms. Koller. Thank you. Good afternoon. My name is Dionne
    Koller, and I am a professor of law, and the Director of the
    Center for Sport and the Law at the University of Baltimore. I
    have published several articles on the United States' efforts
    to fight doping in sport, and I also co-chaired the bipartisan
    Commission on the State of U.S. Olympics and Paralympics, which
    provided its final report to Congress last year.
        I appreciate the opportunity to testify today, and I
    commend this Committee for taking up the issue of how the
    United States should respond to WADA's continued failure to
    fully meet its mission.
        Members of the Committee, WADA has suggested that the U.S.
    is hypocritical and behaving politically. Yet the U.S. has, for
    decades, been a leader in tackling some of the most important
    challenging issues affecting elite sport and has never shied
    away from taking action, even when the target is the United
    States. From confronting the issue of sexual abuse of athletes
    to the equal pay for Team USA Act and more, the United States
    and this Committee have repeatedly stepped up to protect
    athletes and the integrity of sport.
        The U.S. has, for decades, also shown the same resolve
    concerning doping in sport. Countries like Russia and China
    have long used doped athletes to win in international
    competition. And the U.S. certainly has had its own issues.
    Before USADA was formed, our drug testing program was
    administered by the entities charged with selecting athletes
    for international competition. This obvious conflict of
    interest prevented the U.S. from administering a credible drug
    testing and sanctioning program.
        In the late 1990s, however, the U.S. Government took strong
    steps to ensure that rather than ever being perceived as
    cheaters, we would be leaders in the fight against doping in
    sport. We led international efforts to establish WADA and
    implement the World Anti-Doping Code, and in 2008, we adopted
    the International Convention against Doping in Sport.
        It is useful to review the principles underlying the
    convention, which include the belief that doping has serious
    consequences for athlete health, the principle of fair play and
    the future of sport, the obligation that the international
    community cooperate toward the elimination of doping in sport,
    that public authorities and sport organizations have
    responsibilities to prevent and combat doping in sport, and
    that these authorities and organizations must ensure the
    highest degree of independence and transparency.
        The United States has more than lived up to these
    obligations. Congress designated USADA as the official anti-
    doping agency for the U.S. and provided the majority of USADA's
    funding. This has been taxpayer money that is well spent. In my
    role as Co-Chair of the Commission on the State of U.S.
    Olympics and Paralympics, I saw firsthand how USADA has
    performed.
        Although our Commission was not charged by Congress to
    review USADA's operations, our research, surveys, and
    interviews repeatedly turned up evidence that USADA is a
    trusted, respected organization that is fulfilling its mission.
    USADA operates the way a national anti-doping organization
    should and, indeed, the way any domestic or international
    sporting organization should.
        Unfortunately, I cannot today say the same about WADA. The
    way WADA handled the Russian and Chinese doping cases and
    others have made clear that it is not enough to hope that
    individual WADA leaders do the right thing. WADA's structure
    must be such that it can and will always do the right thing.
        This is not a partisan issue. Under both the previous Trump
    and Biden administrations, we have taken steps to ensure that
    WADA fulfills its promise. Yet despite years of U.S. efforts to
    work with WADA to achieve the necessary reforms, WADA still has
    not fully implemented the changes necessary to ensure that the
    principles reflected in the Convention against doping in sport
    are consistently upheld and not disregarded when politically
    expedient.
        This is not surprising, as WADA remains far too tethered to
    the International Olympic Committee and international sport
    powers and does not operate with the independence and an ethic
    of transparency that are necessary to meet its mission.
    Continuing to fund WADA under these circumstances risks
    endorsing the status quo, and it also sends a message to
    American athletes and the American public that clean sport and
    fair competition are no longer a priority.
        In conclusion, in 2008, I wrote a law journal article that
    questioned whether the fight for clean sport could survive in
    long term. I stated that the fight against doping may not
    continue with as much force as in the early years of WADA if
    the international community does not follow through and, quote,
    ``suspicions of athlete doping from countries such as China and
    Russia persist.''
        Members of the Committee, we are at that point. If the
    commitment to clean, fair sport is to endure, the United States
    must take a lead role to ensure that WADA fulfills its mission.
        Thank you for the opportunity to contribute to this
    important discussion and I welcome your questions.
        [The prepared statement of Ms. Koller follows:]

      Prepared Statement of Dionne Koller, Professor of Law and Director,
      Center for Sport and the Law, University of Baltimore School of Law
        Chairman Blackburn, Ranking Member Hickenlooper, and Members of the
    Committee:

        My name is Dionne Koller, and I am a Professor of Law and the
    Director of the Center for Sport and the Law at the University of
    Baltimore. I have published several scholarly articles on the United
    States's efforts to fight doping in sport, and I currently serve on the
    United States Anti-
        Doping Agency's (USADA) Administrative Review Panel. I also co-
    chaired the bi-partisan Commission on the State of U.S. Olympics and
    Paralympics which provided its report to Congress last year.\1\ I
    appreciate the opportunity to testify about the state of the World
    Anti-Doping Agency (WADA) and its effectiveness in policing and
    preventing cheating in international sports through prohibited athlete
    performance enhancement.
    ---------------------------------------------------------------------------
        \1\ Passing the Torch: Modernizing Olympic, Paralympic & Grassroots
    Sports in America, The Final Report of the Commission on U.S. Olympics
    and Paralympics (2024). The report was transmitted to every member of
    Congress and may also be found here: https://www.csusop.org/
    ---------------------------------------------------------------------------
        As an initial matter, I would like to commend this Committee for
    taking up the issue of how the United States should respond to WADA's
    continued failure to fully meet its mission. WADA has suggested that
    the U.S. is behaving politically and hypocritically.\2\ Yet the U.S.,
    and this Committee, has for decades been a leader in confronting some
    of the most important, difficult issues affecting elite international
    sport, and has never shied away from taking action, even when the
    target is the United States. From addressing the issue of sexual abuse
    of athletes in American Olympic and Paralympic sport to the Equal Pay
    for Team USA Act, the U.S., and this Committee, has led the effort to
    protect athletes and the integrity of sport. The U.S. has for decades
    also shown the same resolve concerning doping in sport, and the
    proposed Restoring Confidence in the World Anti-Doping Agency Act is a
    necessary step in this continuing fight.
    ---------------------------------------------------------------------------
        \2\ See, e.g., https://english.news.cn/20240626/
    97b3a19c2074452db180de1c77aa6768/c.html.
    ---------------------------------------------------------------------------
        Additionally, it is important to highlight the basis for WADA
    calling the U.S. ``hypocritical'' in decrying WADA's, and nations like
    China and Russia's, failure to consistently follow the rules for clean
    international sport. WADA asserts that because U.S. professional sports
    leagues and colleges and universities, which participate in sport
    according to National Collegiate Athletic Association (NCAA) rules, are
    not subject to USADA's anti-doping controls, USADA and the U.S. are not
    doing what is necessary domestically to fight doping in sport.
        This critique at best reflects a fundamental misunderstanding of
    the structure of U.S. sport and the many features of it that differ
    significantly from the conduct of sport throughout the world. The
    United States does not have a sports ministry or government agency that
    controls the private entities such as the National Football League or
    NCAA that oversee sport in their respective contexts. Additionally,
    millions of athletes participate in sports programs that are embedded
    in schools. For those occurring in public schools, constitutional
    issues, among others, would likely arise with the types of doping
    controls used in international sport, and such controls would also
    involve significant disruptions to the educational setting and impact
    parents' rights. For sports occurring in the professional context,
    international doping protocols would have to be reconciled with
    athletes' labor and employment rights. In short, the statement that the
    U.S. is hypocritical fails to account for the unique way in which
    American sport is legally organized and implemented.
        It also fails to account for the fact that because of this unique
    approach to sport, the United States enacted the Ted Stevens Olympic
    and Amateur Sports Act. Under that statute's terms, any athlete--
    whether professional, intercollegiate, interscholastic, or grassroots
    youth--who also represents the U.S. in Olympic or Paralympic Movement
    competition or is affiliated with a sport national governing body--must
    comply with all anti-doping protocols administered by USADA and
    mandated by the World Anti-Doping Code (WADC). The integrity of purely
    domestic sport, some of which occurs in educational institutions, has
    always been an important law and policy issue in the United States. It
    is not subject to WADA's jurisdiction. WADA's claims about the U.S. are
    therefore an unfortunate deflection away from the real issue, which are
    the serious and continuing challenges to the integrity of international
    sport.
        There is a long history of doping in the Olympic movement.
    Countries like the former East Germany and the Soviet Union, now
    Russia, as well as China, have for decades used doped athletes to win
    in, and disrupt, international competition. The pressure to meet this
    cheating even drove some United States athletes in the past to engage
    in doping. Since as far back as 1973, Congress has held hearings on the
    issue,\3\ and at that time, athletes made clear that they felt intense
    pressure to dope to keep up with the drug-tainted athletes from nations
    determined to subvert the integrity of international sports to win
    medals. It should never be this way.
    ---------------------------------------------------------------------------
        \3\ Dionne Koller, Sports, Doping, and the Regulatory Tipping
    Point, 26 Marq. Sports L. Rev. 181 (2015).
    ---------------------------------------------------------------------------
        The United States certainly has had its own issues in the fight
    against sports doping. Before USADA was formed, the former United
    States Olympic Committee (now the United States Olympic and Paralympic
    Committee) administered drug testing through each sport's National
    Governing Body (NGB), which was also charged with prosecuting athletes
    for doping violations under the NGB's own administrative procedures.
    This meant that the entities charged with selecting athletes for
    Olympic and international competition also administered drug testing
    and determined the sanctions, and the obvious conflict of interest
    prevented the United States from administering a credible drug testing
    and sanctioning program. Congress took notice. In the words of the late
    Senator John McCain, Olympic doping scandals ``harm our image and will
    contribute to our image, whether deserved or undeserved, that the
    United States is a bully and unethical.'' \4\ The United States
    government took steps to ensure that rather than being perceived as
    cheaters, we would be leaders in the fight against doping in sport.
    ---------------------------------------------------------------------------
        \4\ Dionne Koller, From Medals to Morality: Sportive Nationalism
    and the Problem of Doping in Sports, 19 Marq. Sports L. Rev. 91 (2008).
    ---------------------------------------------------------------------------
        In the late 1990s, General Barry McCaffrey, former head of the
    Office of National Drug Control Policy (ONDCP), made fighting drug use
    in Olympic Movement and professional sports a top priority, adopting a
    national strategy to combat drug use and doping in sports. This
    strategy included leading the international efforts to develop WADA,
    which began operations in 1999, and USADA, which began operations in
    2000. The United States also was a leader in drafting the WADC,
    initially adopted in 2003.
        Given that governments cannot be signatories to the WADC, in 2005
    UNESCO adopted the International Convention Against Doping in Sport,
    which was the vehicle for governments to formally recognize WADA and
    the WADC. The United States ratified the convention in 2008, and the
    International Olympic Committee and International Paralympic Committee
    require that all nations that seek to host an Olympic or Paralympic
    Games sign on. It is useful to review the rationales for, and
    underlying beliefs cited in the Convention, which include:

      The belief that doping has serious consequences for athlete
            ``health, the principle of fair play . . .and the future of
            sport'';

      The obligation that the international community cooperate
            ``towards the elimination of doping in sport'';

      That public authorities and sport organizations ``have. .
            .responsibilities to prevent and combat doping in sport''; and

      That these authorities and organizations must ensure ``the
            highest degree of independence and transparency.''

        Based on these principles, the Convention obligates state parties,
    among other things, to fight doping within their jurisdiction and
    support the mission of WADA, and makes clear that state parties have an
    obligation to ``withhold some or all financial or other sport-related
    support from any sports organization or anti-doping organization not in
    compliance with'' the WADC. The United States has lived up to these
    obligations.
        USADA was established as a private corporation and truly
    independent entity tasked with implementing the WADC. Congress has
    designated USADA as the ``official'' anti-doping agency for the United
    States, and its mission has been to ensure that American athletes train
    and compete clean. To that end, Congress has provided the majority of
    USADA's funding. This has been taxpayer money that is well spent.
        In my role as co-chair of the Commission on the State of U.S.
    Olympics and Paralympics, I saw first-hand how USADA has performed.
    Although our commission was not charged by Congress to review USADA's
    operations, our research, surveys, and interviews regarding the topics
    of our study repeatedly turned up evidence that USADA is a trusted,
    respected organization that is fulfilling its mission. Since its
    formation, it has not hesitated to test and sanction even America's
    most accomplished, decorated athletes. USADA operates the way a
    national anti-doping organization should, and indeed the way any
    domestic and international sporting organization should. As the
    Commission stated in its report, USADA stands as ``a beacon of
    confidence within the movement.''
        Unfortunately, I cannot today say the same about WADA. In its early
    years, WADA appeared to have leadership that was committed to the goals
    of clean sport and enforcing the WADC no matter the political
    circumstances. However, several doping scandals in recent years prompt
    important questions about whether WADA is willing and able to meet its
    mission. In 2014, Russia orchestrated a state-run campaign of
    systematic athlete doping and cover-ups that tainted the Sochi Games.
    In 2022, Russian skater Kamila Valieva competed in the Beijing Olympics
    despite a positive doping test. And, of course, 23 Chinese swimmers
    tested positive for a banned, performance-enhancing drug in 2021 but
    were cleared to compete in subsequent Olympic Games. Only through
    courageous whistleblower reports did the international community learn
    the truth. These cases and others have made it apparent that it is not
    enough to hope that individual WADA leaders do the right thing. WADA's
    structure must be such that it can and will do the right thing. As the
    largest government contributor to WADA's budget, the United States must
    continue to demand greater accountability.
        Seeking greater accountability from WADA and protecting clean sport
    for American athletes is not a partisan issue. Under both the previous
    Trump and Biden administrations, we have taken steps to ensure that
    WADA fulfills its promise and the U.S. remains committed to the
    international anti-doping effort. For instance, in 2019, Congress
    passed the Rodchenkov Anti-Doping Act, authorizing prosecutors to go
    after those who execute doping schemes in major international sports
    competitions. In 2020, an ONDCP report detailed the ways WADA needed to
    be reformed to be able operate with the transparency, accountability,
    and fairness the international sporting community, and sports fans,
    deserve. Most recently, the United States has withheld its contribution
    to WADA. Yet despite years of efforts to work with WADA to achieve the
    necessary reforms, WADA still has not fully implemented the changes
    necessary to ensure that the principles reflected in the International
    Convention Against Doping in Sport are consistently upheld and not
    disregarded when politically expedient.
        This is not surprising, as WADA remains far too tethered to the
    International Olympic Committee and international sport powers and does
    not operate with the independence necessary to meet its mission. In my
    role as Commission co-chair, I saw clearly the importance of
    institutional independence. With its dedicated government funding and
    independent governance structure, USADA has fulfilled its obligations
    to international sport and the American public, and within the U.S.
    Olympic and Paralympic movement it enjoys the highest levels of trust
    and respect. In contrast, our Commission found that SafeSport, with its
    ties to the USOPC and its funding structure, is not nearly as trusted.
    Similarly, WADA's structure and susceptibility to political influence
    mean that its legitimacy is continuously subject to question, and its
    actions in recent cases have not dispelled the concern that it is
    unable to fully ensure clean sport. Since at least 2016, WADA has been
    working to strengthen its governance, with an eye toward making
    enhancements to its structure to ensure its independence. The latest
    issue with the Chinese swimmers demonstrates that this work is not
    finished, and further delays are unacceptable.
        Given our history in WADA's founding and its status as its largest
    government funder, the United States is in a unique position to demand
    the promised reforms. Indeed, continuing to fund WADA without doing so
    risks endorsing the status quo. It also sends a message to American
    athletes and the American public that clean sport and fair competition
    are no longer a priority. This Committee should continue its leadership
    around the most pressing issues in elite international sport by seeking
    to ensure that WADA follows through on its governance reforms and
    provides the type of transparency--on the issue of the Chinese swimmers
    and other high-profile cases--that will restore the confidence of the
    international sports community and international sports fans.
        In conclusion, in 2008 I wrote a law journal article that
    questioned whether the fight for clean sport would survive in the long
    term, stating that ``while it is hard in the current climate to imagine
    the anti-doping zeal waning . . . the international political climate
    is susceptible to change, [and] it may be that the anti-doping effort
    is not continued with as much force as it is today . . . if several
    nations which purport to adopt the World Anti-Doping Code do not follow
    through, and suspicions of athlete doping from countries such as China
    and Russia persist.'' \5\ Members of the Committee, we are at that
    point. If the commitment to clean, fair international sport is to
    endure, the United States must take a lead role, as it did in
    establishing WADA, to ensure that WADA follows through and fulfills its
    mission.
    ---------------------------------------------------------------------------
        \5\ Dionne Koller, From Medals to Morality: Sportive Nationalism
    and the Problem of Doping in Sports, 19 Marq. Sports L. Rev. 91 (2008).
    ---------------------------------------------------------------------------
        Thank you for the opportunity to contribute to this important
    discussion. I welcome your questions.

        Senator Blackburn. We thank all of our witnesses for their
    testimonies and each of you for your commitment to this cause.
    I do have a short video. There are other athletes in the video
    that wanted to be present with us today and are unable to do
    so. So if the clerk will play the video.
        [Video plays.]
        Senator Blackburn. I recognize Senator Hickenlooper for
    five minutes of questions.
        Senator Hickenlooper. Again, thank you, Madam Chair. Thank
    you all for being here.
        Let me start with Ms. McLaughlin again, and thank you for
    your dedication, your service to Team USA. It really is
    remarkable. You stepped inside the lines to compete for your
    country at the highest level. Given all that we have heard, can
    you see, can we rebuild the confidence in having a level
    playing field?
        Ms. McLauglin. I think that there is definitely hope
    amongst us athletes that we can. It is super important to us
    all when we are dedicating so much of our time and our lives,
    and people in our lives are sacrificing for us as well, that
    there is potential for us, too. And I think that by doing
    things like this and putting trust in you guys and USADA and
    everything, I think we are making the right step.
        Senator Hickenlooper. Great. Thank you. I appreciate it.
    You are a role model for so many young people. I really
    appreciate that.
        Ms. Koller, I am going to swim off a little bit here. A
    recent House settlement ruled that NCAA Division One schools
    must pay former athletes over $2 billion in total compensation.
    Football, basketball, the money flows. Not so much with
    swimming, track and field. While the aftermath of the House
    settlement is recent, some Division One schools are considering
    cutting funding to the non, they call it the non-revenue
    sports, in the aftermath of the House settlement. What options
    do universities have, in your opinion, to, across all levels of
    the NCAA, to grow non-revenue sports?
        Ms. Koller. Well, I think there are lots of options,
    Senator, and thank you for that question. I think the House
    settlement does not need to be the death knell for Olympic and
    Paralympic movement sports at our colleges and universities. I
    think there is much more to say about this. Every school is in
    a different position. We know that there are different levels
    of athletic programs, but I think the solutions are there. And
    I think the idea that we have to cut Olympic and Paralympic
    movement programs is wrong.
        I think there is a lot that can be done, and I would be
    very happy to follow up with you in the questions for the
    record to provide you with a lot of specific ideas that have
    been out there.
        Senator Hickenlooper. Great. We will pursue that.
        And Ms. McLaughlin, again, you obviously have a vested
    interest in this and you have lived it firsthand. How important
    is it, in your opinion, to maintaining that all the Olympic
    sports and making sure that swimming and diving, how important
    is that to the future competitiveness of Team USA?
        Ms. McLauglin. Yes, totally. I loved my time swimming in
    the NCAA. It was some of my most fond memories as an athlete,
    and I think it gives so many young swimmers and athletes
    something to dream of and look forward to. And yes, I think it
    was an amazing experience, so thank you.
        Senator Hickenlooper. Good. I am glad to hear that.
        Ms. Ledecky, when she spoke on Sunday, I think she
    estimated she swam 26,000 miles and looked at every mile as an
    investment in who she was to become. And I am sure that all of
    you had that same kind of commitment and that investment in
    yourselves, which is truly powerful for the next generation.
        Mr. Tygart, thank you for your work with leading the U.S.
    Anti-Doping Agency. Is it clear that the World Anti-Doping
    Agency, that WADA, has lost the confidence of many athletes? I
    think we know what that is, but what reforms or actions do you
    think WADA needs to take to rebuild trust within sporting
    federations and athletes before the 2028 Olympics?
        Mr. Tygart. Thank you, Senator, for the question. Listen,
    we hear from athletes every day, and you heard from the video
    not just based here in the United States, who are frustrated,
    who are upset, who realize the global regulator does not
    actually have their back, in fact. And so, I think the
    confidence has been undermined and it is coming on the heels of
    the Russia state-sponsored doping. If you see in my long
    testimony about the weightlifting, it was biathlon before that,
    it was track and field before that. Here we go again. And we
    have to get this cleaned up to be effective going forward.
        Senator Hickenlooper. Obviously, transparency and
    accountability----
        Mr. Tygart. I think the silver bullet on reform, to answer
    the second question is independence, and I think with
    independence, then flows transparency, accountability,
    effective use of resources, engaging in dialogue to how to
    better themselves----
        Senator Hickenlooper. And trust.
        Mr. Tygart.--and then, ultimately, trust, which is the most
    important aspect for a system that is supposed to give
    confidence to athletes doing it the right way is the only way
    to win.
        Senator Hickenlooper. Right.
        And Dr. Gupta, how do you think we can build the
    international collaborative efforts to get back to this goal of
    trust?
        Dr. Gupta. Thank you for that question, Senator. I think it
    is going to be important that the United States works with
    other countries like-minded. We have worked within the Americas
    41 nations where we were elected for the second time just this
    past April. I think we have to continue to do that with the
    European partners, allies in New Zealand, in Australia, in
    Japan, and others to make sure that, again, the transparency,
    accountability is first and foremost in order to build that
    trust into WADA.
        Senator Hickenlooper. Great. Thank you very much. I yield
    back to the Chair.
        Senator Blackburn. We thank you and know you have to rush
    off.
        Senator Hickenlooper. I appreciate it.
        Senator Blackburn. So go make that speech well.
        Senator Hickenlooper. I will. Thank you.
        Senator Blackburn. We are depending on him.
        Ms. McLaughlin, I want to come to you first. Talk to me a
    minute about how it made you feel when you read The New York
    Times expose and you felt like it was confirmed to you that you
    had been beat because somebody was a cheater, and here you were
    putting your heart and soul into your training, and you get to
    that moment to get that medal and it is not there because
    somebody cheated you out of it.
        Ms. McLauglin. Yes, thank you for your question. It was
    devastating, honestly. I remember getting the call from USADA,
    letting me know that The New York Times article was going to
    break. I was just so taken aback and heartbroken. And I think I
    spent a lot of my career trusting in the powers that be, and it
    was really sad to find out that that is not someone who could
    be trusted, meaning WADA.
        I think a lot of my teammates and I were just pretty let
    down, and I think at the end of the day, all I can control was
    myself and my own race, and my teammates could only control
    their part of the race. So that is something to kind of hold
    onto. But I think just pretty devastating, heartbreaking all
    around. But thank you.
        Senator Blackburn. Mr. Tygart, as we have mentioned before,
    as soon as the allegations came to light, I got a letter out to
    WADA demanding to know why they felt like they could ignore
    this doping. And their answer back to me was insufficient. And,
    of course, they blame everyone but themselves, which is not a
    surprise to us. And they even said that there was no basis to
    challenge that contamination and that the source was TMZ. And
    so, there you go. We find out, of course, that they have lied
    about this. And I know you have reviewed their response.
        I want you to just talk for a minute about why it is
    completely implausible that the Chinese swimmers were
    unwittingly contaminated?
        Mr. Tygart. Thank you for the question, Senator Blackburn,
    and for your efforts, including the introduction of the Restore
    Confidence in WADA Act that is before this Subcommittee.
        Listen, I think we have attempted to get answers, just as
    you all have, to what really happened. We have seen what they
    have produced, which is very little. They appointed a very
    limited review of their own actions. And you do not have to
    take it from me. You can take it from what he determined, and
    he determined that they did not prove contamination, and that
    it was just as plausible to be intentional use.
        You then couple that with the fact that WADA did no
    investigation, just blindly accepted the factual scenario that
    was provided by the Chinese. And, in fact, months before these
    positive tests showed up on their desk, they had interviewed a
    defector, a whistleblower from China, who had indicated to them
    that TMZ was being given in a systemic fashion to athletes, but
    yet WADA leaders never brought in their independent
    investigative unit. They have a 16-person, very experienced
    investigative unit. They were not involved at all with
    investigating the facts of this case.
        TMZ is a prescription medication in some countries. It does
    not just show up in the kitchen. It is unbelievable to think
    that Tinkerbell showed up and sprinkled it within the kitchen.
    The Chinese did not find anyone using it. They did not find it
    in the food. And the amount of food, the amount of contaminated
    drink you would have to actually eat or consume to get these
    levels was a few micrograms. I think we did the analysis based
    on the information that is out there. It is like 11 pounds of
    food and over, I think, seven gallons of liquid in order to get
    the levels.
        And to think that Chinese athletes at the top of their game
    are going to do that type of diet the day before an event or
    the day after one event before the next day's race is just
    absolutely ludicrous, and it is why we have asked for the
    questions, why hasn't this followed the process and the
    protocols that are in place?
        Senator Blackburn. Let me ask you this, kind of following
    on to that. Why do you think that WADA thought they could
    intimidate the U.S. and the U.S. Olympic Committee and the Salt
    Lake City officials, and why was there a capitulation there?
        Mr. Tygart. Listen, I think it is what happened in Paris, I
    think you are referring to. I think it is Exhibit A of the
    value and the importance of independence in anti-doping
    enforcement. You have the perception that the IOC leveraged the
    giving of the Olympic Games in exchange for us bowing down, as
    Senator Cruz mentioned, to the supreme authority of WADA. Those
    should not be co-mingled whatsoever.
        Now, we have been assured from the United State Olympic and
    Paralympic Committee that it is meaningless, there was no quid
    pro quo in their mind, and we must give credit to the United
    States Olympic and Paralympic Committee because they did make
    the independent decision to create USADA. You have heard from
    some of the other witnesses about the effective model of
    independence.
        They took the courage back in late 1999, early 2000, to say
    we are going to be involved to help fund, but we are not going
    to be involved from a decisionmaking standpoint. We are going
    to remove the fox from guarding the henhouse here in the United
    States. And we think, and Professor Koller testified to it, we
    think that has made all the difference in enforcement. And
    unfortunately, that is not what has happened and occurred with
    the IOC and with the World Anti-Doping Agency.
        Senator Blackburn. All right, five minutes to the gentleman
    from Utah.

                    STATEMENT OF HON. JOHN CURTIS,
                         U.S. SENATOR FROM UTAH

        Senator Curtis. Thank you, Madam Chair, and thank you to
    our witnesses. Mr. Tygart, as you know, Utah hosted the 2002
    Winter Olympics. I think by everybody's standards it was a
    tremendous success, both for the state and for the Olympics.
    Today, imagine our pride in hosting the 2034 games, and to us
    building on that legacy that we had in 2002 is just really
    important.
        And to be honest, if you asked the average person on the
    street in Utah about WADA or USADA, they would not know what
    was going on. But they do know this. They want the Olympics in
    2034 to be the cleanest Olympics in the history of Olympics.
    So, what has to happen? What does WADA--can they restore trust?
    And to restore trust, specifically, not in generalities, what
    do they need to do?
        Mr. Tygart. Listen, I think the silver bullet to restoring
    trust is independence. They promised an independent President
    and Vice President; they broke, betrayed that promise. And that
    was part of why the U.S., back in 2020, agreed to fund WADA,
    was making it more independent. That was in the legislative
    language to the funding that U.S. taxpayers agreed to send to
    WADA, and that was supposed to go into effect, but they changed
    the rules mid-game. A bait and switch is what happened.
        I do firmly believe if you put an independent President and
    Vice President on the Executive Committee, which then also
    means it is on the foundation board--they are the same people--
    then we can begin the process of ensuring that it is
    trustworthy, that it is transparent, has accountability, and
    change the culture so it is not a service or lapdog to sport,
    but it is actually a dedicated, faithful servant to clean
    athletes.
        Senator Curtis. Great. Thank you. Katie, thank you for
    being here today. There are not many people that have done what
    you did, and there are not many people who could come here
    today and fill the role that you are filling. I think, in many
    ways, there are a lot of people, both in Congress and
    professionally, who are working on getting this fixed. But you
    represent the athletes, so what do we need to do so that the
    next person that stands on that pool deck feels like, ``You
    know what? This is going to be fair.''
        Ms. McLauglin. Thank you for your question. I do not have
    the specific ground rules of a plan of what I think should be
    done, but I think just echoing what Travis has said of
    independence and finding a way to find a way for the athletes
    to be able to trust WADA is super important. And I think that
    is pretty much it.
        Senator Curtis. Good, good. Well said.
        Dr. Gupta, we have talked about transparency. In your legal
    opinion, in your professional opinion, how does that happen,
    and is there possible legal action under Rodchenkov Anti-Doping
    legislation, do we need to do?
        Dr. Gupta. Thank you, Senator, and I really appreciate the
    work of this Committee, actually, on this issue. It is really
    critical.
        I do echo my colleagues' thoughts here about the true
    independence. I also think having the independent code
    compliance audits is important. I think making sure there are
    no conflicts of interest in the leadership of WADA is
    important. I think independent athletes' representation is
    important. I think strengthening our oversight of it and having
    that representation.
        What I have found is if we are not at the seat, we cannot
    impact change and we are about the most independent. And you
    have heard Katie talk about what U.S. athletes do, and we want
    to make sure that everybody is doing it, first of all. But more
    importantly, we want to make sure that cheaters are not part of
    that system. And then, of course, engaging our corporate
    stakeholders and leveraging much more diplomatic channels.
        I think all of those things, we cannot give up our
    authority under the Rodchenkov Act to go after the entourage of
    bad actors. And that is where the supreme authority language
    kind of does not work for the United States, when these games
    are coming to you and U.S., and we are so proud of those as
    well. Thank you.
        Senator Curtis. Let me ask this. Athletes are going to get
    more and more innovative at cheating. What resources do we need
    to bring to the table to deal with that?
        Dr. Gupta. I think we do, Congress has to think about more
    resources in terms of supporting USADA's work, because I do
    think that more R&D and more work will be required in the
    future because we have a decade, a golden decade in the United
    States, where we will have so much more sports. But also
    ensuring that--you know, I withheld the funding because we were
    not getting results. So, we have to be more accountable
    ourselves, as well as expect accountability out of WADA.
        Senator Curtis. Good. Ms. Koller, I have just a few seconds
    left. Would you like to weigh in on any of the questions that I
    asked?
        Ms. Koller. No, Senator. I think it has been well covered.
    Thank you.
        Senator Curtis. OK, yes, thank you. Madam Chair, I yield.
        Senator Blackburn. Thank you. I have got a couple of more
    questions. You all have been generous with your time, and we do
    appreciate it so much, because we do want to get this
    legislation across the line, and get something on the books,
    and be able to hold WADA to account. And we know WADA and their
    allies are going to fight this. As I said earlier, they have
    refused to come to the Committee. They have refused to provide
    an explanation. I am certain part of that is they do not want
    to be under oath and have to admit what is done.
        But Dr. Gupta, you have been somebody who made the decision
    to withhold those funds, and that was an impactful decision.
    And I want you to talk for the record, for just a minute, about
    why it is so important that Congress pass this legislation,
    give the ONDCP the permanent authority to oversee these funds,
    and then why it was important to withhold those funds?
        Dr. Gupta. Thank you, Madam Chairwoman. Congress passed the
    authority in the first Trump administration, gave us the
    authority to withhold that. We exercised that for the right
    reasons. I think it is really important in legislation to
    ensure that ONDCP has that oversight authority to work in
    conjunction closely with USADA, as well as the U.S. Olympic and
    Paralympic Committees, to ensure that American athletes are
    getting a level playing field. And only once that is done is we
    pay our dues.
        Of course, WADA is not in favor of conditional dues
    payment, because the argument is, well, every country will do
    that. But not every country is paying $3.6 million and that is
    matched by IOC, which is over $7 million. So, it is a large
    amount. I do think we have to have both the ability to withhold
    funds, but also appropriate representation on the governing
    bodies of WADA so we can hold folks accountable, as well as
    address the bureaucratic aspects. Sometimes, as we saw with
    this scandal, that often becomes the reason for delaying or
    deferring or deflecting, really, incompetence and malfeasance.
        Senator Blackburn. Thank you. Mr. Tygart, I want to ask you
    about, I think it is Jannik Sinner, and that case. And of
    course that had to do with the International Tennis Integrity
    Agency, and they determined that there was a positive test for
    a banned steroid, and then they decided that Sinner bore no
    fault or negligence for the positive test. And then WADA, about
    a month later, announced that it would appeal that decision.
    And so you have got the athlete and WADA entering into a
    resolution that resulted in a three-month ban.
        But it seems that WADA approached that very differently
    from how they approached the Chinese swimmers' case. And I do
    not know if you have insight into why you think they would have
    approached these cases so differently?
        Mr. Tygart. It is impossible, based on what we have seen,
    to give even speculation of why they were approached so
    differently. And what was so distressing, and why you hear some
    of the world's top tennis players so outspoken about the
    unfairness now that they perceive in tennis, was because how
    WADA treated this Sinner case, where they appealed it, rattled
    the sabers, that it should be a 1- to 2-year suspension, and
    then on the eve of the hearing, cut a deal with a very rarely
    used provision, and in their explanation, attempted to say
    there were 67 other cases where they treated it similarly. We
    have gone out and tried to find those cases and they are
    nowhere to be found.
        And so it raises once again this idea that WADA is
    unilaterally making decisions not in line with the
    transparency, the disclosure rules, which are absolutely
    mandatory.
        And I neglected to say it earlier, but make no mistake on
    the Chinese cases. Even if there was contamination, Madam
    Chairwoman, they still had to announce those cases. They still
    had to disqualify those athletes. So, there is no justifiable
    reason, these basic rules of transparency, even if it was
    contamination, which of course we do not believe that it was,
    and Cottier decided it was not necessarily proven, they still
    had to disclose them.
        Senator Blackburn. I want to ask you about something in
    your testimony. You said China has paid an extra $1.8 million.
    That is much more than their required dues. And they have done
    that since 2018. Correct?
        Mr. Tygart. Yes, ma'am.
        Senator Blackburn. And in 2022, the Chinese earmarked
    $500,000 specifically for investigations and intelligence. And
    WADA turned a blind eye to every bit of this and allowed the
    Chinese swimmers to go ahead and come in. So, do you believe
    there was a quid pro quo in this?
        Mr. Tygart. It is impossible to answer. However, what is
    clear is the perceived, at best case for WADA, the perceived
    conflict of, on the one hand, accepting, in addition to what
    you just mentioned, they have a private sponsorship with ANTA,
    the biggest Chinese--it is the Nike of China, that also
    sponsors the Chinese swim team and the Chinese Olympic team.
        So, they are getting extra gifts from China on the one
    hand, including the $500,000 you mentioned specifically for
    investigation effort. And then on the other hand, they do not
    apply the rules, even if you believed it was contamination to
    China, and do not even investigate the facts that came across
    their desk. So, at a minimum, the perception of that is what is
    destroying the credibility in this system.
        Senator Blackburn. Well, indeed it has.
        And I want to thank each of you for being here today and
    for your testimony and for your patience as we were running
    back and forth to the Capitol for votes.
        I will remind all of our Senators on this Committee that
    they have until the close of business on June 24 to submit
    their questions for the record. And then you, as our witnesses,
    will have until July 8, to respond to each of those.
        This concludes our hearing today. The Committee stands
    adjourned.
        [Whereupon, at 3:44 p.m., the hearing was adjourned.]

                                A P P E N D I X

    [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

        Response to Written Question Submitted by Hon. Amy Klobuchar to
                                Travis T. Tygart
    Question Topic: Independence
        Your testimony made clear that the World Anti-Doping Agency (WADA)
    does not operate with the independence necessary to meet its mission--
    and that increased independence will help generate other needed
    reforms.

        Question. What can this Committee do to ensure WADA operates with
    more independence?
        Answer. The Committee can ensure WADA implements the reforms which
    promised an independent President and Vice-President of WADA and by
    supporting an independent, external, World Anti-Doping Code compliance
    audit of WADA to evaluate WADA's compliance with their roles and
    responsibilities under the World Anti-Doping Code. In addition, the
    Committee can ensure WADA's operates with more independence by
    supporting independent athlete representation, as defined in bill
    S.233, the Restoring Confidence to WADA Act of 2025, at WADA governing
    bodies. Finally, the Committee could also condition future U.S.
    taxpayer funding to WADA on these factors being achieved at WADA.
                                     ______

        Response to Written Question Submitted by Hon. Amy Klobuchar to
                                Dr. Rahul Gupta
    Question Topic: Increasing Transparency
        The New York Times investigative report revealed that 23 Chinese
    swimmers had tested positive for the banned substance trimetazidine
    before the 2021 Tokyo Olympics. As you described in your testimony,
    ``This revelation was not disclosed by any Executive Committee meeting
    or official WADA communication but came to light through a media
    report, catching us all by surprise.''
        Question. What specific, proactive steps can we take now,
    especially in advance of the 2028 Olympics, to ensure such a
    ``surprise'' does not happen again?
        Answer. Senator Klobuchar, thank you for this important question. I
    believe that Congress has multiple policy and strategic levers it can
    use to push for reform at WADA and enhance the agency's transparency,
    accountability, and overall effectiveness to ensure that this type of
    ``surprise'' does not happen during any international sporting event on
    U.S. Soil with WADA's involvement.
        These include:
    1. Conditional Funding Legislation
        Congress has the authority to advance legislation--such as the
    proposed ``Restoring Confidence in the World Anti-Doping Agency Act''--
    that conditions future U.S. funding for WADA on the implementation of
    key governance reforms. This strategy would allow the United States to
    assert meaningful influence and promote institutional accountability,
    while safeguarding the interests of clean athletes.
        Potential conditions tied to funding could include:

      a)  Routine, independent audits of WADA's code compliance operations

      b)  Increased independent athlete representation on WADA's governing
            bodies and committees

      c)  Mandatory conflict-of-interest disclosures and enforceable
            recusal standards

      d)  Independent oversight and investigation of major doping cases

      e)  Transparent and publicly accessible decision-making processes

      f)  Robust whistleblower protections

      g)  A permanent halt to WADA's efforts to penalize public authorities
            for choosing not to pay voluntary dues
    2. Expand ONDCP's Oversight Authority
        Congress can enhance the Office of National Drug Control Policy's
    (ONDCP) role by granting it formal authority to oversee U.S. engagement
    with international anti-doping organizations. This would empower ONDCP
    to:

      a)  Work with like-minded partners to change WADA rules that would
            allow permanent U.S. representation on WADA's Executive
            Committee, Foundation Board, or both, ensuring consistent
            advocacy for American interests.

      b)  Partner with U.S. Anti-doping Agency (USADA) to publish
            independent assessments of WADA's adherence to international
            standards and governance best practices.
    3. Convene Hearings and Investigations
        Congress can continue to demonstrate that it takes the issue of
    protecting clean American athletes as well as those across the world by
    continuing to have future hearings which would further examine:

      a)  WADA's persistent failure to implement meaningful reforms and
            operate as a transparent, accountable international anti-doping
            organization

      b)  The influence of conflicted officials within WADA and how this
            has contributed to an uneven playing field that disadvantages
            American athletes

      c)  The ongoing exclusion of the United States from WADA's Executive
            Committee and Foundation Board

      d)  The impact of undisclosed gifts, preferential treatment, or other
            disproportionate influences exerted by national governments or
            private entities on WADA leadership

      e)  The potential need for an alternative anti-doping authority if
            WADA continues to fall short of its obligations to the global
            sports community
    4. Utilize Diplomatic Influence
        Congress can call upon the U.S. Department of State and American
    delegates to international sports bodies to:

      a)  Forge alliances with reform-minded nations committed to fair play
            and transparency

      b)  Collaborate with global institutions--such as UNESCO, which
            oversees the anti-doping convention--to modernize governance
            frameworks

      c)  Advocate for WADA to adhere to internationally recognized
            standards of integrity, transparency, and accountability
    5. Mobilize Corporate Influence
        Given that American corporations contribute billions to the
    International Olympic Committee and, by extension, the global sports
    ecosystem, Congress can use its voice to engage these stakeholders.
    Encouraging them to champion clean sport and institutional reform as
    part of their corporate social responsibility initiatives would add
    meaningful economic pressure for change.
    6. Explore Independent Oversight Options
        Congress can continue its oversight and monitoring role and
    evaluate whether and when to support the creation of an independent
    international oversight body to monitor WADA's decisions and ensure
    compliance. While this would be a last-resort approach, it would
    demonstrate that accountability in global anti-doping efforts is not
    optional, and the United States Congress remains committed in standing
    up for clean athletes at international levels.
                                     ______

        Response to Written Question Submitted by Hon. Amy Klobuchar to
                               Kathryn McLaughlin
    Question Topic: Concern for Next Generation of American Swimmers
        I appreciate your commitment to protecting the next generation of
    American swimmers and upholding the integrity of international swimming
    competitions.

        Question. Are you concerned that without a strong and independent
    WADA the next generation of American swimmers will feel pressure to use
    performance-enhancing drugs?
        Answer. The landscape of USA Swimming has always been fiercely
    competitive, with athletes constantly on the rise, breaking new
    barriers, and striving to gain any possible edge. The culture places a
    strong emphasis on pride, discipline, and hard work. Which are values
    that drive American swimmers to go above and beyond in pursuit of
    excellence. While I don't believe that distrust in WADA will lead
    American athletes to use performance-enhancing drugs, I do think it can
    be discouraging. When the hope for a level playing field is lost, it
    becomes harder for athletes to stay motivated and inspired.