[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
    
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                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\
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    \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.
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    \1\ https://bidenwhitehouse.archives.gov/ondcp/briefing-room/2024/
07/09/ondcp-director-dr-
rahul-gupta-statement-on-world-anti-doping-agency-interim-report/
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    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
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    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.
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    \3\ https://www.wada-ama.org/sites/default/files/resources/files/
2021_wada_code.pdf
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    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/
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    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/
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    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/
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    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
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    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\
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    \10\ https://www.scmp.com/sport/other-sport/article/3268072/
michael-phelps-allison-schmitt
-call-wada-reform-over-handling-chinese-swimmers-case
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    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\
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    \11\ https://www.theguardian.com/sport/article/2024/jun/26/michael-
phelps-says-us-athletes
-losing-faith-in-wada-before-paris-olympics
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    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.
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    \12\ https://www.cbc.ca/sports/olympics/summer/aquatics/wada-china-
prosecutor-defence-
1.7189645
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    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\
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    \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/
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     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.
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    \16\ https://bidenwhitehouse.archives.gov/wp-content/uploads/2023/
07/ONDCP-WADA-Report_July-2023.pdf
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    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\
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    \17\ https://www.reuters.com/sports/us-withholds-wada-dues-calls-
reforms-global-watchdog-2025-01-08/
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    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.
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    \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\
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    \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\
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    \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.
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    \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\
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    \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.
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                  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.
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    \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\
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    \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.
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    \31\ https://www.blackburn.senate.gov/services/files/6E1EB3C9-0C3A-
4E58-99AC-AF24AE9
F4DEE
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        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.