Hearings to examine the World Anti Doping Agency, focusing on swimming in denial over Chinese doping.

1[Senate Hearing 119-153]2[From the U.S. Government Publishing Office]34                                                        S. Hrg. 119-15356           WADA SHAME: SWIMMING IN DENIAL OVER CHINESE DOPING78=======================================================================910                                HEARING1112                               before the1314                 SUBCOMMITTEE ON CONSUMER PROTECTION,15                      TECHNOLOGY, AND DATA PRIVACY1617                                 of the1819                         COMMITTEE ON COMMERCE,20                      SCIENCE, AND TRANSPORTATION21                          UNITED STATES SENATE2223                    ONE HUNDRED NINETEENTH CONGRESS2425                             FIRST SESSION2627                               __________2829                             JUNE 17, 20253031                               __________3233    Printed for the use of the Committee on Commerce, Science, and Transportation3435   [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]3637                Available online: http://www.govinfo.gov3839                U.S. GOVERNMENT PUBLISHING OFFICE4061-520 PDF               WASHINGTON : 20254142       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION4344                    ONE HUNDRED NINETEENTH CONGRESS4546                             FIRST SESSION4748                       TED CRUZ, Texas, Chairman49JOHN THUNE, South Dakota             MARIA CANTWELL, Washington,50ROGER WICKER, Mississippi                Ranking51DEB FISCHER, Nebraska                AMY KLOBUCHAR, Minnesota52JERRY MORAN, Kansas                  BRIAN SCHATZ, Hawaii53DAN SULLIVAN, Alaska                 EDWARD MARKEY, Massachusetts54MARSHA BLACKBURN, Tennessee          GARY PETERS, Michigan55TODD YOUNG, Indiana                  TAMMY BALDWIN, Wisconsin56TED BUDD, North Carolina             TAMMY DUCKWORTH, Illinois57ERIC SCHMITT, Missouri               JACKY ROSEN, Nevada58JOHN CURTIS, Utah                    BEN RAY LUJAN, New Mexico59BERNIE MORENO, Ohio                  JOHN HICKENLOOPER, Colorado60TIM SHEEHY, Montana                  JOHN FETTERMAN, Pennsylvania61SHELLEY MOORE CAPITO, West Virginia  ANDY KIM, New Jersey62CYNTHIA LUMMIS, Wyoming              LISA BLUNT ROCHESTER, Delaware63                 Brad Grantz, Republican Staff Director64           Nicole Christus, Republican Deputy Staff Director65                     Liam McKenna, General Counsel66                   Lila Harper Helms, Staff Director67                 Melissa Porter, Deputy Staff Director68                     Jonathan Hale, General Counsel69                                 ------7071                 SUBCOMMITTEE ON CONSUMER PROTECTION,72                      TECHNOLOGY, AND DATA PRIVACY7374MARSHA BLACKBURN, Tennessee, Chair   JOHN HICKENLOOPER, Colorado,75JOHN THUNE, South Dakota                 Ranking76DEB FISCHER, Nebraska                AMY KLOBUCHAR, Minnesota77JERRY MORAN, Kansas                  BRIAN SCHATZ, Hawaii78TODD YOUNG, Indiana                  EDWARD MARKEY, Massachusetts79JOHN CURTIS, Utah                    TAMMY BALDWIN, Wisconsin80SHELLEY MOORE CAPITO, West Virginia  BEN RAY LUJAN, New Mexico81CYNTHIA LUMMIS, Wyoming              LISA BLUNT ROCHESTER, Delaware82                            C O N T E N T S8384                              ----------85                                                                   Page86Hearing held on June 17, 2025....................................     187Statement of Senator Blackburn...................................     188Statement of Senator Hickenlooper................................     289Statement of Senator Cruz........................................     490Statement of Senator Cantwell....................................     691Statement of Senator Curtis......................................    409293                               Witnesses9495Travis T. Tygart, Chief Executive Officer, United States Anti-96  Doping Agency..................................................     897    Prepared statement...........................................     998Dr. Rahul Gupta, MD, MPH, MBA, President, GATC Health Corp and99  former Director, Office of National Drug Control Policy, The100  White House....................................................    18101    Prepared statement...........................................    19102Kathryn ``Katie'' McLaughlin, former Olympic Swimmer.............    29103    Prepared statement...........................................    31104Dianne Koller, Professor of Law and Director, Center for Sport105  and the Law, University of Baltimore School of Law.............    32106    Prepared statement...........................................    33107108                                Appendix109110Letter dated June 13, 2025 to Hon. Marsha Blackburn and Hon. John111  Hickenlooper from Gene Sykes, Chairman of the Board and Sarah112  Hirshland, Chief Executive Officer, United States Olympic &113  Paralympic Committee (USOPC)...................................    45114Response to written question submitted by Hon. Amy Klobuchar to:115    Travis T. Tygart.............................................    47116    Dr. Rahul Gupta..............................................    47117    Kathryn McLaughlin...........................................    48118119           WADA SHAME: SWIMMING IN DENIAL OVER CHINESE DOPING120121                              ----------122123                         TUESDAY, JUNE 17, 2025124125                               U.S. Senate,126  Subcommittee on Consumer Protection, Technology,127                                  and Data Privacy,128        Committee on Commerce, Science, and Transportation,129                                                    Washington, DC.130    The Subcommittee met, pursuant to notice, at 2:30 p.m., in131room SR-253, Russell Senate Office Building, Hon. Marsha132Blackburn, Chairwoman of the Subcommittee, presiding.133    Present: Senators Blackburn [presiding], Cruz, Curtis,134Hickenlooper, and Cantwell.135136          OPENING STATEMENT OF HON. MARSHA BLACKBURN,137                  U.S. SENATOR FROM TENNESSEE138139    Senator Blackburn. The Committee will come to order. It is140rare that these things start on time, but we are starting on141time. And I want to thank each and every one of you. Thank you142to our witnesses for being here today.143    Nearly a year ago I held a press conference with a144bicameral, bipartisan group of colleagues, demanding answers as145to why the World Anti-Doping Agency betrayed its mission and146allowed 23 Chinese swimmers to get away with doping.147Unfortunately, almost a year after the explosive New York Times148report exposing the scandal, WADA has failed to provide149answers. Instead, all that they have provided are threats,150stonewalling, and intimidation.151    My message remains the same. My colleagues and I will not152be threatened or silenced for promoting fair play and153advocating for clean sport.154    Here are the facts. In 2021, credible allegations emerged155that 23 Chinese swimmers tested positive for a banned substance156just months before the Tokyo Olympics. What did WADA do?157Instead of launching a thorough investigation, they turned a158blind eye. They accepted a deeply questionable explanation and159allowed these athletes to go ahead and compete. Many of them160went on to win medals. This was not just a lapse in judgment.161It was a cover-up.162    Just as disturbing is WADA's effort to use our own Olympic163bids as leverage. In response to legitimate U.S. Senate164concerns, WADA and the IOC threatened our country's bid to host165the 2034 Winter Olympics in Salt Lake City. And now we have166reports of secretive contract arrangements and backroom deals167between WADA, the IOC, and parties connected to Salt Lake168City's bill, all while WADA's own failures go unaddressed. This169is nothing short of a scandal, and it actually strikes at the170heart of the Olympic spirit.171    Fast-forward to today and the World Anti-Doping Agency172refused to appear before this Committee and answer our173questions. Now, WADA's refusal to engage on this issue or work174in good faith with the U.S. leads me to one question: What175exactly are they hiding? Let me remind everyone, the U.S. is176WADA's largest financial contributor. American taxpayers help177fund this agency, and yet WADA has treated our concerns with178disdain and our athletes have been treated with disrespect.179    Their pattern of inconsistent enforcement does not stop180with China. From Russia's long history of state-sponsored181doping to weak penalties for other nations, WADA has sent a182dangerous message. If you are an authoritarian regime with a183willingness to bribe and cheat, the rules do not apply to you,184and our door is open.185    As we look forward to the 2028 Summer Games in L.A. and the1862034 Winter Games in Salt Lake City, the stakes could not be187higher. These games must not be tainted by the same corruptions188and cover-ups. American athletes who compete with integrity189deserve to know that their competitors are held to the exact190same high standards.191    We have heard from athletes who are tired, tired of192watching cheaters take the podium, tired of the mental and193emotional strain, and tired of institutions who refuse to194protect them. Their voices matter, and today we are listening.195    This hearing is about accountability. It is about ensuring196that WADA no longer shields corrupt regimes from consequences.197It is about making sure our athletes can compete fairly and198safely on the world stage. WADA is not above the law, and this199Committee will not rest until the agency is reformed and held200responsible for its failures.201    I now recognize the Ranking Member.202203         OPENING STATEMENT OF HON. JOHN HICKENLOOPER,204                   U.S. SENATOR FROM COLORADO205206    Senator Hickenlooper. Thank you, Chair Blackburn, for207organizing today's hearing. This is our first hearing for the208Subcommittee on Consumer Protection, Technology, and Data209Privacy in the 119th Congress. With that in mind, I wanted to210share how much I look forward to working with you, Madam Chair,211on so many of the important issues our Subcommittee oversees,212safeguarding American sensitive data, promoting transparency213and innovation in the artificial intelligence world, elevating214Team USA, and helping collegiate athletics earn fair215compensation, and protecting the Federal Trade Commission, the216Consumer Product Safety Commission from overly influential217efforts from the Executive Branch, and making sure that their218Senate-confirmed commissioners who have been fired are either219swiftly reinstated or replaced.220    Today we are going to discuss how to strengthen anti-doping221enforcement, as you have described, about the recent scandals222that have brought a dark cloud over the integrity of Olympic223sports.224    I went to my son's graduation a couple of days ago and the225commencement speaker was Katie Ledecky, so I don't have to tell226you what school we were at, and she gave a spectacular speech,227a really impressive, impactful speech.228    And my son later pointed out that athletes now are commonly229asked to give commencement addresses because they have been230under the heat lamp of media attention. They have spent a lot231of time explaining themselves and describing circumstances and232situations, and they do a very good job at summing things up in233a way that people can understand, and certainly Katie Ledecky.234If we had more time, I would walk you through the first couple235points she made. Maybe Ms. McLaughlin will help fill it in.236    Every four years the world comes together around the237Olympic Games to celebrate and cheer on their players, their238teams. And each year over these four-year periods, we expand239the field of competitions and we attract new fans to stadiums240around the world. We inspire our youth to dream big. Athletes241dedicate their lives, often almost always from a very early242age, for that sole honor of representing their country, in this243case the United States, where they get to wear the red, white,244and blue, and they get to hear our national anthem played in245medal ceremonies.246    Among the athletes who competed on behalf of Team USA in247the Olympic and Paralympic Games in Paris, 29 of them call248Colorado home, which we are very proud about. With a proud home249of the U.S. Olympic and Paralympic Committee that oversees Team250USA and our Olympic preparations. We are home to the Olympic251and Paralympic Training Center, where we train over 15,000252athletes every year. We are home to the U.S. Olympic Museum,253which displays the original scoreboard from the Miracle on Ice,254for those of you old enough to remember that, the victory over255the Soviet Union. We are home to the U.S. Center for SafeSport,256investigating the instances of substance abuse against257athletes. We are home to many of the governing bodies, the NGBs258for Olympic Sports, and home to the U.S. Anti-Doping Agency,259USADA, which enforces doping rules for our athletes.260    To ensure fairness and transparency in Olympic261competitions, the World Anti-Doping Agency, WADA, as Chair262Blackburn has described, they are responsible for enforcing the263anti-doping regulations in international sports federations.264    In the months leading up to the Tokyo 2021 Summer Olympic265Games, the China Anti-Doping agency, CHINADA, found that 23266Chinese swimming athletes tested positive for banned substance,267trimetazidine. This substance increases stamina and shortens268recovery time, is widely banned as a performance-enhancing269drug. What actions did World Anti-Doping Agency take following270the test? They refused to investigate how China's swimmers271consumed the banned substance. They failed to disclose the272testing results to the public until after The New York Times273broke the news in spring of 2024.274    During the Tokyo Olympics, these same swimmers who tested275positive, won several medals including three medals, and276ironically defeated Katie Ledecky, one of the few times she has277lost in a final. Since the fallout the world has, I think it is278fair to say, lost faith in WADA.279    In response to the doping scandal, the United States took280decisive action, withheld its $3.6 million contribution to281WADA, the first time the Nation has ever taken this action,282withholding funds. The United States withheld funding to WADA283because their past conduct now raises important questions about284the future of Olympic sports.285    In the next few years the United States is hosting the FIFA286World Cup, next summer in 2026, the Summer Olympics in Los287Angeles in 2028, the Winter Olympics in Salt Lake City in 2034,288and countless world championships across several sports. How289can athletes across Team USA and around the world have290confidence that they stand on a level playing field with their291competitors?292    The Olympic torch has burned for 129 years to represent293unity, to shine a light on athletic achievement and excellence,294to bring the world together during times of peace, times of295tension. We should not let WADA's misconduct tarnish the next296Olympic Games or rob another member of Team USA from their297rightful place on a podium. Fairness and transparency is what298Team USA and literally every international team deserves and299what this Committee continues to demand.300    That is why, on a bipartisan basis, last year we joined301Senators Cantwell, Cruz, Blackburn, and Blumenthal to send one302strong message to the World Anti-Doping Agency. Essentially, we303said enough is enough. WADA must increase transparency in its304investigations and regain the athletic community's trust. We305must shine a light on past misconduct, both in WADA and what306they examine and ensure that U.S. athletes, from Katie Ledecky307to Katie McLaughlin, who is with us today, that they are never308undercut again.309    I am pleased that in addition to Ms. McLaughlin, who310proudly represented Team USA in swimming, we are joined by an311expert witness panel of individuals who enforce anti-doping312rules in the U.S., who have represented the U.S. in313international anti-doping deliberations, and are leading voices314in sport law. Just as the United States remains at the315forefront of all-time Olympic medals--2,761, although I don't316need to brag too loudly about it--we also need to lead the317world in transparency and accountability.318    Thank you all for coming here, for your testimony, for319taking time out of your busy lives. It means a great deal. I320yield back to the Chair.321    Senator Blackburn. And I recognize Chairman Cruz for his322opening.323324                  STATEMENT OF HON. TED CRUZ,325                    U.S. SENATOR FROM TEXAS326327    Chairman Cruz. Thank you, Madam Chair, and thank you for328convening this hearing today.329    Sports are more than ``just a game.'' They are a critical330part of our culture that teaches valuable life lessons such as331teamwork, discipline, communication, respect, and perseverance.332Sports are also a cultural unifier that brings Americans333together to cheer on Team USA at the Olympics.334    The Olympics provide some of the most iconic moments in335sports history. Who can forget the legendary 1980 ``Miracle on336Ice'' when Team USA Hockey brought home the gold and triumphed337over the Soviet Union? It is one reason why Team USA athletes338are often considered our cultural heroes who inspire the next339generation.340    But our athletes did not just wake up one day being able to341compete at an elite level. They earned it from the blood,342sweat, and tears, literally, produced from countless years of343training and sacrifice to pursue their dreams of earning that344coveted title ``Olympian.''345    To pursue that dream with confidence, sports require a346culture of integrity built on fair competition and following347the rules of play. When an athlete cheats, it undermines the348value and existence of sports. Cheating can take many forms,349including the use of performance-enhancing drugs, known as350``doping,'' that give an athlete an unfair edge over their351opponents. Doping should have no place in sports. And I would352say I am glad doping is not a major problem in the U.S. Senate,353or else we might have Senators with unusually enlarged tongues354and an ability to be loquacious at a level that was truly355painful.356    But it is also why 190 countries, including the United357States, support the World Anti-Doping Agency's mission to358``lead a collaborative worldwide movement for doping-free359sport'' which is mandatory for participation in the Olympic360movement.361    In fact, the United States withheld $3.6 million of362taxpayer funding in dues for WADA in Fiscal Year 2024, the most363of any other country, to monitor and enforce against doping in364sports, including at the Olympics. The next highest contributor365is Japan who spends $1.5 million per year, less than half of366what the U.S. pays.367    Sadly, confidence in WADA is at an all-time low. Recent368news reports revealed that WADA did not enforce the doping369rules to block 23 Chinese swimmers, who tested positive for370performance-enhancing drugs, from competing in the 2021 Tokyo371Olympics.372    WADA's decision to not enforce these rules may very well373have impacted the Olympic swimming competition results for Ms.374McLaughlin, one of our witnesses today, who competed against375these athletes in Tokyo. This not only harms Team USA, but it376undermines the integrity of the doping-free sports mission that377WADA claims to uphold.378    In advance of the 2024 Paris Games, Senator Cantwell and I379jointly sent a letter to WADA asking for documents regarding380the 2021 doping scandal. We also called for action to guarantee381fair competition for Team USA at the upcoming Paris Olympics.382    WADA not only refused to provide answers to this inquiry,383and other government inquiries, but allowed the same Chinese384athletes to compete again in the 2024 Paris Olympic games385without any consequence.386    Shortly thereafter, the International Olympic Committee387announced that Salt Lake City, Utah, would be the host city for388the 2034 Winter Olympic games. News reports indicated that the389IOC, likely in cooperation with WADA, took an unprecedented390move to demand that Utah officials sign a contract to recognize391the ``supreme authority of the WADA'' in order to host the392Olympic games in Salt Lake City.393    It is shocking that WADA--whom we rely on to ensure fair394competition--not only refuses to be transparent and395accountable, but appears to have made unfair demands of a396United States city to stymie legitimate Federal investigations397into its role in the swimmer doping scandal.398    Last year, I explicitly called for withholding U.S.399taxpayer dollars from WADA until it returns to its mission and400is transparent about its handling of the swimmer doping401scandal. I intend to continue this call.402    I look forward to hearing from our witnesses on what else403we can do to ensure WADA is held accountable and that our404American athletes are fully protected. Thank you.405    Senator Blackburn. Ranking Member Cantwell, you are406recognized.407408               STATEMENT OF HON. MARIA CANTWELL,409                  U.S. SENATOR FROM WASHINGTON410411    Senator Cantwell. Thank you, Chair Blackburn, and thank you412and Chairman Cruz for holding this important hearing. I want to413thank our witnesses for being here.414    Congress has a critical role to play to ensure that415America's athletes are provided every opportunity to succeed.416This means committing to a level playing field across all417aspects of sports, from equal pay to anti-doping. In 2022, we418passed the Equal Pay for Team USA Act, that I led with Senator419Capito, which codified equal pay and treatment at the highest420level of competition. This means ensuring our athletes are free421of abuse, mistreatment, by supporting the U.S. Center for422SafeSport and pushing for necessary reforms to ensure the423Center is living up to its potential. U.S. athletes continue to424face another hurdle with the immense amount of work that goes425on into competing at an elite level. We owe it to them to426ensure that it is a fair competition.427    I, too, am concerned that the lack of transparency with the428World Anti-Doping Agency demonstrated with the cover-up of the429positive test by Chinese swimmers ahead of the Tokyo Summer430Olympics in 2021, and the lack of accountability WADA has taken431since. We should not have to wait for an investigation432reporting to uncover positive tests from elite athletes. That433is what our anti-doping agencies are supposed to do. But even434in the wake of the press reports, WADA has failed to be435transparent.436    Last summer, Chairman Cruz and I wrote a letter to the437anti-doping agency to understand why they did not challenge the438findings from the Chinese anti-doping authority. We also want439to assure that WADA takes additional measures to ensure that440the Paris Olympic Games were fair and free from doping, and441their response to that letter was inadequate. It is a refusal442to participate in what is an important accountability.443    I am sure that today that we will hear from witnesses about444this issue. I am sure Katie McLaughlin, who has competed and445exceeded at the highest level of swimming, can speak to how446much effort it takes to stay in compliance with anti-doping447rules. I am glad to see that we have Dionne Koller here today,448whom I appointed to serve as the Co-Chair of the Commission on449the U.S. Olympic and Paralympics, which was established by450Congress in 2020. The Commission, in its 2024 report, found451that the United States Anti-Doping Agency is the model of452success in the Olympic movement, as over three-quarters of the453athletes and coaches reported trusting them as an organization.454This speaks to Mr. Tygart's success in leading that agency. So455thank you to Professor Koller and to the entire bipartisan456commission for your work on this important subject.457    To ensure clean sports, USADA receives funding from the458Office of National Drug Control Policy to invest in anti-doping459research. It is because of this research that rigorous460adherence to anti-doping rules, that the U.S. is the leader in461anti-doping. I am concerned that the Trump administration's462severe cuts to scientific research and development could hinder463this impressive work done by the U.S. in anti-doping research.464I hope they will reverse that. Cutting funding for sciences is465the wrong message to the rest of the world and for us to466maintain our U.S. leadership.467    I am glad to see Dr. Gupta here. Thank you for being here.468He served in the Biden administration and can speak to the469importance of scientific development to ensure U.S. leadership470in anti-doping.471    We have a responsibility to ensure our athletes are able to472compete in the fullest extent of their abilities at the highest473level. To do that, the competition must be fair. As we approach474the 2026 World Cup and the 2028 Olympics, both hosted by the475United States, we must ensure that the competition will be fair476and free from doping.477    We also need to support the cities that are hosting these478games, including Seattle, Kansas City, Houston, Los Angeles,479and have the infrastructure in place for this experience to go480well. That is why Senator Moran and I introduced legislation,481the Transportation Assistance for Olympic and World Cup Cities482Act, to provide the grants and other assistance to improve the483regional transportation for those cities. I ask the Chairman to484put this on a bill at the next markup.485    So thank you again, Chair Blackburn, and to Ranking Member486Hickenlooper, for holding this important hearing.487    Senator Blackburn. I thank the Ranking Member.488    I would like to introduce our witnesses today. Mr. Travis489Tygart, our first witness, who is the CEO for the U.S. Anti-490Doping Agency, otherwise known as USADA. USADA manages the491anti-doping program for all U.S. Olympic and Paralympic492Committee recognized sport, national governing bodies, their493athletes, and events.494    Dr. Rahul Gupta, our second witness, is President of GATC495Health. From November 2021 to 2025, Dr. Gupta was the Director496of the White House Office of National Drug Control Policy. He497helped coordinate the U.S. anti-doping activities, including498representing the U.S. at the World Anti-Doping Agency.499    Ms. Katie McLaughlin, a U.S. Olympian specializing in500freestyle swimming events. She won a silver medal at the Tokyo5012020 Olympic Games as a member of the U.S. Women's 4x200502freestyle relay. Katie is also a three-time gold medalist at503the World Championships, and a three-time NCAA champion.504    Ms. Dionne Koller, our final witness, is a professor of law505and Director of the Center for Sport and Law at the University506of Baltimore School of Law. Her academic focus is Olympics and507Amateur Sports Law.508    Welcome to each of you. At this time, I recognize Mr.509Tygart for your five-minute statement.510511STATEMENT OF TRAVIS T. TYGART, CHIEF EXECUTIVE OFFICER, UNITED512                   STATES ANTI-DOPING AGENCY513514    Mr. Tygart. Thank you. Ninety-six. Ninety-six. That is the515number of medals that were potentially impacted at the 2021 and5162024 Olympic Games--96. This includes 18 American medals, 14 of517which were potentially gold. These 96 medals were potentially518impacted by China, sweeping dozens of positive tests on their519elite-level swimmers under the rug, while the global regulator,520the World Anti-Doping Agency, otherwise known as WADA, did521nothing about it.522    Madam Chairwoman, members of the Committee, thank you for523the opportunity to be here to discuss how we can protect the524rights of American athletes and fairness in all Olympic and525Paralympic competition. Unfortunately, we find ourselves once526again at a crossroads for the soul of sport. Fairness,527integrity are yet again under attack by the failures of the528global anti-doping system.529    The urgency to act has never been greater, given that we,530right now, are in the golden age of international sport in the531United States. Major events, as we have already heard, like532next summer's FIFA World Cup, the 2028 Summer Olympic and533Paralympic Games, the 2034 Winter Games, are all coming to the534United States. It is our time, and we all know that a home535field advantage is important. But it does not overcome a doped536field advantage, and America will be robbed again if we don't537act and get WADA straight.538    This moment is not just about medals. It is about539showcasing America's values and excellence. We are going to540welcome the world and celebrate our commitment to fairness, to541equal opportunity and clean competition.542    Athletes, like Katie who you are going to hear from, and543their powerful stories, are our shining light. They are our544North Star. This is why we are here pleading for help, to allow545athletes to have a level playing field, and ensure America546fulfills the promise of a fair mega-decade of sport in the547United States.548    This China scandal is happening on the heels of the Russia549state-sponsored doping scheme. It is no wonder why the world's550athletes are incensed once again. And Madam Chairwoman, how551does WADA respond? Instead of acknowledging and fixing its552failures, WADA has dug in to protect the Chinese and its553backroom secret decisionmaking process. If WADA had any554legitimate answers, they would be here. This is the third time555they have been invited but declined to come to Congress.556    So what can be done? First, WADA must disclose the entire557Chinese TMZ dossier. Justice for athletes demands it. Second,558the time for blind trust in WADA is over. WADA must be audited559by independent experts.560    Finally, Madam Chairwoman, members of the Committee, WADA561must be independent. One of the core principles of an effective562anti-doping system is it must be free from sports influence.563You cannot have the fox guarding the henhouse. It is a concept564that is as simple as it is effective.565    Unfortunately, WADA is not independent. WADA promised the566U.S. it would make their President and Vice President567independent. They have betrayed that promise and they did a568classic bait and switch. We should continue to hold U.S.569funding until this promise has been delivered.570    In the first Trump administration, the White House took571three impactful steps. First, working in a bipartisan way with572Congress, authority was granted to ONDCP to withhold U.S.573taxpayer funding unless WADA reformed and did its job. Also,574the White House convened a landmark global summit on WADA and575brought the world together, seeking change. Last, President576Trump signed into law a very bipartisan Rodchenkov Anti-Doping577Act, that allowed the prosecution of those who prey on578athletes, such as coaches, trainers, doctors, and dirty579officials.580    These actions sent a clear message, that the U.S. will not581allow American athletes to get robbed, and that U.S. taxpayers582will not continue to bankroll a broken system. We must continue583to build on the momentum for change in a bipartisan way. We584should work with our domestic partners, such as the United585States Olympic and Paralympic Committee, domestic sponsors,586including Comcast, Coca-Cola, Procter & Gamble, Visa, and587others. Also, a coordinated government strategy with Congress,588ONDCP and the State Department, working with our government589partners and allies around the world to fix WADA.590    As the host of the upcoming games, the IOC and591international sport are going to be expecting a lot from us.592Congress and the White House should ensure the investment we593are making into hosting these events is properly insured to594protect the right of American athletes to win the right way on595our home soil. We do not want to fund fraudulent games.596    Let me be very clear--we need a strong WADA. We support the597mission. But we need a WADA that is truly independent, a global598regulator, not a lapdog to interest other than anything besides599clean athletes and fairness in sport.600    Thank you for your attention to this important matter and601we look forward to your questions, but also ways we can602continue to help fix this global system. Thank you.603    [The prepared statement of Mr. Tygart follows:]604605   Prepared Statement of Travis T. Tygart, Chief Executive Officer,606                    United States Anti-Doping Agency607    Madame Chairwoman, members of the Committee, good morning. My name608is Travis T. Tygart, CEO of the United States Anti-Doping Agency609(USADA), a 501(c)(3), not-for-profit, incorporated in Colorado. I want610to thank this Committee for its interest in clean sport and for the611opportunity to appear before you to discuss how we can better protect612the rights of athletes and the fairness of Olympic and Paralympic sport613competition around the world.614    I want to speak to the Committee not only about the significant and615urgent threat facing clean athletes and fair sport, but also the very616feasible solutions to the current crisis.617    Once again, we find ourselves at a critical juncture for the soul618of sport. Fairness and integrity in athletic competition--two619principles at the very heart of why we play sports--are under attack.620We need to act now to ensure accountability, justice for athletes, and621reforms at the World Anti-Doping Agency (WADA). These reforms are622necessary to protect the rights of clean American athletes and to623preserve a level playing field. If we don't, we will be committing an624unacceptable injustice to today's athletes, fans, and sponsors who625believe in and invest in fair and clean competition. And equally626intolerable, we risk undermining the dreams of tens of millions of627youth all around the world who rely on the global anti-doping system to628protect their ability to compete clean, safe, and on a fair playing629field, not one stacked against them in favor of WADA's chosen few.630    The urgency to act could never be greater given the collapse in631confidence in WADA right as America is preparing to host many major632international competitions over the next 10 years, including the 2026633FIFA World Cup, the 2028 LA Summer Olympic and Paralympic Games, and634the 2034 Winter Olympic Games in Salt Lake City.635    We all know a home-field advantage does not overcome a doped field636advantage and we will get robbed again if we don't act now! America637isn't just hosting competitions--it's setting the standard. This moment638isn't just about medals and trophies; it's about showcasing American639values and excellence, welcoming the world, and reaffirming our640commitment to fairness, opportunity, and clean competition.641    We view athletes--and their powerful stories--as USADA's guiding642light, our North Star. Their stories give us hope, they remind us of643our purpose, and they fuel us to continue to advocate for their right644to clean and fair competition. This is why we have been outspoken about645the failures of the Chinese Anti-Doping Agency (CHINADA) and WADA more646broadly. This is why we are here today pleading for help to fix this647mess and allow all athletes to truly have a level playing field. The648system meant to protect clean sport needs to regain the trust of649athletes who compete clean. Athletes must believe that the global650regulator will have their back and change the rules to make them fair651for athletes, not secretly change how they apply the rules to serve652their own interests.653    Candidly, Madame Chairwoman, enough is enough. For clean athletes,654it is yet again Groundhog Day, and this WADA horror show has run too655long. As many of you may recall, in 2017, The House Energy and Commerce656Subcommittee held a hearing where we, alongside Olympic medalists,657Michael Phelps and Adam Nelson, testified about WADA's ineffectiveness,658lack of leadership, and conflicted governance. We called for change659then due to WADA's inept handling of the Russian state-sponsored doping660scandal that robbed hundreds of athletes from around the world and661stole their dream of Olympic and Paralympic success.662    In that devastating Russian affair, which is still on-going, WADA663hoped to simply limit the damage, pacify Russia, and put the whole664corrupt scheme in the rearview mirror. At that 2017 hearing, WADA665supplied excuse after excuse for not uncovering Russia's drug program666earlier and then leaned on technical justification for its failure to667handle it `effectively' after courageous whistleblowers exposed it to668the press.669    Also, as you may recall, in early 2020, this Committee held a670hearing to discuss what could be done to fix WADA to protect American671athletes and ensure a fair and clean 2028 LA Olympic and Paralympic672Games. And, today, here we are again seeking answers after another673scandalous affair.674                   New Revelations of WADA's Failure.675    Thanks again only to courageous whistleblowers and the media, the676world has learned once again of WADA's failures and, that on the eve of677the 2021 Olympic Games in Tokyo, WADA sat back and allowed China to678disregard the rules and sweep 23 TMZ positive cases under the rug.679These were not low-level athletes, these were the elite of the elite,680the best of the best. And 13 of these swimmers who tested positive681represented China in the 2021 Olympic Games in Tokyo. The Chinese682swimming team won 13 medals, including 8 gold, at these Games. Worse683yet, 11 of the TMZ 23 competed as part of the Chinese Olympic swim team684at the 2024 Paris Games. A total of 96 medals were potentially impacted685by these Chinese swimmers in the 2021 and 2024 Olympic Games with 18686being from the United States including 14 potential gold medals. Clean687American athletes trained for years, only to be potentially robbed on688the world's biggest stage.689    Make no mistake, TMZ or trimetazidine is a potent performance-690enhancing drug. It is banned at all times, not just during competition,691due to the benefits it can give athletes in recovery and training. The692prescribed sanction for testing positive for TMZ is a 4-year sanction.693It is a controlled prescription drug not available in many parts of the694world, including in the United States. It is not found in the water695supply, the environment, or in any food or food ingredient. And it is696not given to cattle or other livestock in the meat supply.697    At the 2017 House Energy & Commerce hearing, WADA testified that698they needed an investigations team, using the lack of one as an excuse699for failing to uncover the Russia state-sponsored doping scheme. Well,700they got their wish for a big investigations team and a 65 percent701increase in their annual budget to help fund investigations. U.S.702taxpayers provide a significant part of WADA's budget, more than $3.6703million each year. In fact, the U.S. is the single-highest payor of all704the public authorities. Despite this large and experienced705investigations team and new funding, WADA's investigators did not lift706a finger to investigate these Chinese TMZ positives even with glaring707evidence staring them in the face.\1\708---------------------------------------------------------------------------709    \1\ ``It should be noted that at the time of the events (i.e., from710March to August 2021) the I&I Department was not involved in the711handling of the case.'' Cottier, Eric. Final Report on the Case of 23712Chinese Swimmers. Translated by World Anti-Doping Agency, 10, Sept.7132024, www.wada-ama.org/sites/default/files/2024-09/714202408_final_cottier_report_english_translation.pdf.715---------------------------------------------------------------------------716    Shockingly, since 2018, China has paid an extra $1.8 million, well717over its required annual dues which are dramatically less than the U.S.718annual dues. Out of the extra payments to WADA, China earmarked $500K719specifically for Investigations and Intelligence work. As of May 2023,720WADA has also entered into a partnership agreement with ANTA, a Chinese721sports equipment company, for an undisclosed amount. This Chinese722company has been a key sponsor of the Chinese Olympic Committee and 25723Chinese national teams, including the Chinese National Swimming Team.724WADA's relationship with China raises even deeper concerns given that725WADA's Vice President is a Chinese sport representative and just one726day after CHINADA sent WADA their decision to disregard the rules and727sweep the 23 TMZ positives under the rug, WADA's Director General and728Senior Director of Science and Medicine had a phone call with the729Chinese Vice Minister of Sport, a member of the WADA Foundation730Board.\2\ And, while no evidence of a quid pro quo has surfaced, the731appearance of a conflict is quite troubling given these extra payments,732WADA leadership's failure to involve its Intelligence and733Investigations Team, and its obvious closeness with top leaders of734Chinese sport and government.735---------------------------------------------------------------------------736    \2\ See Exhibit 1--Cottier Interim Report Annex, Summary of the737Main Investigative and Analytical Acts carried out by WADA from the738receipt of CHINADA's decision to the decision not to file an appeal739(15.06.2021-31.07.2021), 1, July 2024.740---------------------------------------------------------------------------741    On top of that, Madame Chairwoman, these 23 TMZ positive cases came742on the heels of WADA deciding to close an investigation into743allegations of systemic doping in China during which they found the744whistleblower to be credible.\3\ This whistleblower is a defector from745China now living in Germany. She met with WADA investigators and746informed them that, according to WADA's own investigations report,747China was giving its athletes TMZ for performance-enhancing purposes.748---------------------------------------------------------------------------749    \3\ See Exhibit 2--WADA Investigation and Intelligence Report on750Allegations by Chinese Whistleblower of systemic doping in China.751---------------------------------------------------------------------------752    A little over 9 months after this report, WADA received notice of75323 Chinese athletes' positives for low levels of TMZ. And yet, WADA754still claims to not have had enough evidence to even open an755investigation. Incredible. It is the Keystone Cops at their worst. WADA756handcuffed and blindfolded themselves. Their inaction will forever757haunt athletes who competed against the 13 swimmers in the 2021 Tokyo758Olympic Games, as well as those who competed against 11 of those same759Chinese swimmers in the 2024 Paris Olympic Games.\4\760---------------------------------------------------------------------------761    \4\ See Exhibit 3--Letter to CHINADA of June 5, 2024 in which USADA762offered assistance to CHINADA for transparency in this matter. We have763genuine empathy for the 23 Chinese athletes, as the system failed them764and now they are under a cloud of suspicion. Also, those Chinese765athletes that competed against the 23 rightfully deserved the wins and766any associated money or prizes from the event at which the 23 tested767positive. If the rules would have been enforced as required, and these768positive tests truly resulted from contamination, the Chinese athletes-769without positive tests-would have been reallocated to their rightful770place in that event since disqualification of the 23 athletes was771mandatory.772---------------------------------------------------------------------------773          What Has Been WADA's Response to These Revelations?774    Instead of acknowledging mistakes and failures, WADA dug in to775protect the Chinese and WADA leaders' secret decision making. Shortly776after the news broke, at WADA's global press conference, WADA President777and former Polish Sports Minister, Witold Banka stated, ``at every778stage, WADA followed all due process and diligently investigated every779lead and line of inquiry in this matter. If we had to do it over again780now, we would do exactly the same thing.''\5\781---------------------------------------------------------------------------782    \5\ World Anti-Doping Agency. ``WADA Publishes Media Conference783Recording Regarding Environmental Contamination Case of Swimmers from784China.'' World Anti-Doping Agency, 22 Apr. 2024, www.wada-ama.org/en/785news/wada-publishes-media-conference-recording-regarding-environmental-786contamination-case-swimmers.787---------------------------------------------------------------------------788    However, facing a global demand for accountability by the United789States and others, WADA scrambled to stage-manage its response,790parading out what it boldly labeled an ``independent prosecutor's791report'' on its handling of the Chinese TMZ positives. But the so-792called independent investigation was stifled from the start. The scope793of the investigation was severely restricted, and as the WADA794investigator, Mr. Cottier even acknowledged in the report, ``the sense795of justice or injustice, however, goes far beyond the scope of this796investigation.'' \6\ Even so, the information that Mr. Cottier gathered797clearly showed that China did not follow the rules and WADA leaders798stepped aside to allow this to happen. WADA's hand-picked investigator799concluded:800---------------------------------------------------------------------------801    \6\ Cottier, Eric. Final Report on the Case of 23 Chinese Swimmers.80253.803804        ``CHINADA's handling of the case had deviated significantly and805        fundamentally from the procedures laid down in anti-doping806        standards, that these deviations were particularly serious807        given that they had enabled the athletes concerned--in the808        absence of an appeal by WADA--to benefit from an absence of an809        ADRV (as well as an absence of any consequences). . . .'' \7\810---------------------------------------------------------------------------811    \7\ Cottier, Eric. Final Report on the Case of 23 Chinese Swimmers.81232.813814    On top of the failure to enforce the rules, any justification China815gave for these cases being mass contamination is faulty at best and a816complete lie at worst, one that WADA willingly accepted and817regurgitated as it attempted to pull the wool over the world's eyes in818an effort to defend why it allowed China to sweep these positives under819the rug. However, the science did not solely justify this reasoning,820anti-doping scientists called China's and WADA's conclusions ``not821intellectually honest,'' and Cottier's scientist said the following in822---------------------------------------------------------------------------823his WADA funded report:824825        ``On the basis of these pharmacokinetic data alone, it is not826        possible to rule out intentional (or unintentional) intake of827        TMZ for doping or therapeutic purposes in the weeks leading up828        to the competition . . . I see no scientific argument of a829        pharmacokinetic nature in favor of one hypothesis over830        another.'' \8\831---------------------------------------------------------------------------832    \8\ Cottier, Eric. Final Report on the Case of 23 Chinese Swimmers.83325.834835    Unbelievably, WADA was telling the world a different story. In a836---------------------------------------------------------------------------837CBS News report and elsewhere, WADA stated:838839        ``compelling scientific evidence that pointed EXCLUSIVELY840        (emphasis added) to the fact that this was a case of no-fault841        contamination and not doping. WADA followed every process and842        line of inquiry when reviewing this file.''843844    Further, WADA, by its letter of July 9, 2024, informed this845Committee that the science, specifically the fluctuating positive-846negative-positive (and, negative-positive-negative) of the Chinese847athletes tests, confirmed contamination stating in this same letter,848``the positive-negative fluctuations were also inconsistent with849deliberate prior use and consistent with low-level food850contamination.''851    However, even the scientist retained by WADA's self-selected852reviewer found this false stating, the ``sequence of positivity/853negativity of each athlete's samples . . . makes it impossible to854distinguish between athletes who may have intentionally taken TMZ in855therapeutic doses well before the competition, and those who may have856been contaminated in situ in the hotel by food/drink containing low857doses of TMZ.'' \9\858---------------------------------------------------------------------------859    \9\ Cottier, Eric. Final Report on the Case of 23 Chinese Swimmers.86026.861---------------------------------------------------------------------------862    No source of contamination was ever found by the Chinese.\10\ And863yet, WADA accepted this flimsy excuse and launched attacks on anyone864brave enough to question the charade.865---------------------------------------------------------------------------866    \10\ ``The Chinese had not found anyone on the kitchen or hotel867staff taking TMZ. . .No traces of TMZ were found inside the containers,868nor in the food itself.'' Cottier, Eric. Final Report on the Case of 23869Chinese Swimmers. 19.870---------------------------------------------------------------------------871    It would be easier to believe that WADA's failure was a mistake and872not an intentional and systemic willingness to grant special treatment873to China had WADA not done the same thing at least three other times874for China in the last couple of years. As media also revealed, two875separate elite Chinese swimmers tested positive for a banned substance876in late 2022 and were secretly, in violation of the mandatory rules,877cleared of doping based on a contaminated hamburger theory.\11\ One of878these athletes went on to win a bronze medal in the Paris Olympic Games879ahead of five Team Canada relay athletes who could potentially claim880today that they are Olympic medalists.881---------------------------------------------------------------------------882    \11\ See Exhibit 4--Schmidt, Michael S., and Tariq Panja. ``Top883Chinese Swimmers Tested Positive for Banned Drug, Then Won Olympic884Gold.'' The New York Times, 20 Apr. 2024, www.nytimes.com/2024/07/30/885us/politics/china-swimmers-doping-food.html.886---------------------------------------------------------------------------887    Even more recently, WADA again showed its true colors by first888appealing the case of Jannik Sinner, the world's number one ranked889tennis player who tested positive for the anabolic agent clostebol.890After rattling the saber and appealing for a sanction of 1-2 years891under the rules, WADA capitulated and agreed at the final hour to drop892its appeal and settle for a brief 3-month suspension through a rarely893used provision allowing WADA to agree to resolutions otherwise outside894the rules. This isn't justice--it's unfair and unequal enforcement by895the global regulator. When defending itself from wide-criticism by the896world's top tennis players, WADA revealed for the first time that this897provision has been used at least 67 times.\12\ These backroom deals--898apparently close to 70 in just four years since the provision was899enacted--barely, if ever, see daylight.\13\ Meanwhile, even the WADA900Executive Committee and Foundation Board are also left in the dark,901with apparently only 13 of these cases disclosed in detail in their902meeting documents. Transparency? Only when it suits them. Fairness? No,903as a handful of people at WADA grant certain athletes, certain904countries, secret and special treatment under the rules.905---------------------------------------------------------------------------906    \12\ See Exhibit 5--Nick Kyrgios called it a ``sad day for tennis''907and declared that ``fairness in tennis does not exist.'' Stan Wawrinka908was just as blunt, saying, ``I don't believe in a clean sport anymore.909. .'' Daniil Medvedev said, ``I hope everyone can discuss with WADA and910defend themselves like Jannik Sinner from now on.'' And the911Professional Tennis Players Association, co-founded by Novak Djokovic912and Vasek Pospisil, issued a sharp statement: ``Supposed case-by-case913discretion is, in fact, merely cover for tailored deals, unfair914treatment, and inconsistent rulings.'' ESPN News Services. ``Jannik915Sinner Doping Deal 'Sad Day for Tennis'--Nick Kyrgios.'' ESPN, 15 Feb.9162025, www.espn.com/tennis/story/_/id/43858770/jannik-sinner-doping-917deal-sad-day-tennis.918    \13\ See Exhibit 6--Axon, Iain. ``WADA Settlement on Three-Month919Ban Not Unique to Sinner Case, Says Chief Counsel.'' Reuters, 19 Feb.9202025, www.reuters.com/sports/tennis/wada-settlement-three-month-ban-921not-unique-sinner-case-says-chief-counsel-2025-02-19/.922---------------------------------------------------------------------------923    WADA lacks the will and determination to do things right.\14\ In924May of 2024, immediately prior to the 2024 Paris Olympic Games, WADA925lawyers informed top management that massive database issues were926plaguing WADA's system; more than 900 athlete testing results that927showed the presence of a banned substance were not showing up in WADA's928database. Over 1,700 cases had information linking samples to929individual athletes missing, and another 750 didn't have enough930information to connect them with any athlete.\15\ And yet, until the931New York Times broke the story, leaders at WADA would have apparently932continued to keep the world's athletes, the public, and even the WADA933Executive Committee and Foundation Board in the dark. This cannot934continue.935---------------------------------------------------------------------------936    \14\ See Exhibit 7--Schmidt, Michael S., and Tariq Panja. ``WADA937Faces Trust Crisis Amid Doping Database Concerns.'' The New York Times,93827 Sept. 2024, www.nytimes.com/2024/09/27/world/wada-doping-database-939crisis.html.940    \15\ Id.941---------------------------------------------------------------------------942    This level of disregard for athletes worldwide, and outright943dereliction of their charter hasn't been the exception at WADA;944recently, it has been the norm. Cottier, in his review of the TMZ 23945even found this to be true, stating that ``Keeping track of the946Agency's work and activities has been very complicated and tedious.947Establishing a chronology has been a long and complex process, full of948uncertainties.'' \16\ He further criticized WADA's dysfunction:949---------------------------------------------------------------------------950    \16\ Cottier, Eric. Final Report on the Case of 23 Chinese951Swimmers. 54.952953        ``the non-existence of the file--is unsatisfactory . . . The954        Agency should formalize the handling of cases by creating files955        that include a structure, a nomenclature, a summary document, a956        ``living chronology.'' This should cover everything from file957        opening to file closure. In particular, the latter should take958        the form of a formal memo, other than an e-mail circulated by959        the Director of the Legal Department within the Agency.'' \17\960---------------------------------------------------------------------------961    \17\ Id.962963    And though WADA hopes our memories are short, let us not forget964WADA's egregious mishandling of cases in the sport of weightlifting965which was also exposed by whistleblowers and the media. We know, based966on the ITA Report on Anti-Doping Violations in the International967Weightlifting Federation (IWF), that WADA failed to successfully follow968up on 146 international weightlifting cases between 2009-2019 such that969elite level weightlifters competed at major international competitions970including the Olympic Games and World Championships with pending971positives. Some athletes escaped justice completely as a result of972WADA's failure to oversee these cases which resulted in the tolling of973the statute of limitations, giving cheating athletes a free pass.\18\974---------------------------------------------------------------------------975    \18\ International Testing Agency. Final Report: Anti-Doping Rule976Violations and related allegations of misconduct from 2009 to 2019. 24977June 2021, https://ita.sport/resource/ita-report-on-iwf-anti-doping-978rule-violations-and-related-allegations-of-misconduct-from-2009-to-9792019/980---------------------------------------------------------------------------981    It is even more shocking to know that the President of the IWF982during this time, Tamas Ajan, was also a founding WADA board member and983sat on the WADA Foundation Board-the main decision-making body of WADA-984from its inception until 2018.985                      Doping Threat is Universal.986    To be clear, the threat of doping is a global problem, and the U.S.987is not immune. As a nation of laws established on the ideals of988justice, fairness and equality, the United States Olympic and989Paralympic movement must lead the way and ensure we are doing990everything we can do to set an example and protect athletes so that991their decision to compete by the rules is honored. And, so that they992can be the true heroes that they are when competing here at home and993representing America in competitions around the globe. Clean athletes994in many ways are the best example of our values and the importance of995our principles when they compete and win the right way. These are the996same Olympic and Paralympic values and it's why we have asked for997answers.998    There are widely accepted core principles of an effective anti-999doping program--the application of year-round, no-advance-notice, out-1000of-competition testing, certified labs, an active scientific research1001program to stay ahead of the cheaters, and a proactive, preventative1002education program for all athletes. But the most important part of the1003criteria is the idea that an effective anti-program must be free from1004the influence of sport and individual government interests. It must be1005independent.1006    The word `independent' is thrown around a lot in the global Olympic1007and Paralympic movement. From our experience and perspective, however,1008the only true definition of `independence' is that those who govern or1009otherwise make decisions affecting others cannot have any actual or1010perceived interest in the outcome of their decision. We are proud of1011the fact that no one on the USADA Board can also serve in a paid or1012voluntary governing or employment position for any organization for1013which we administer an anti-doping program or for the government. Many1014of you have heard me say that you cannot have the fox guarding the1015henhouse. It is a concept that is as simple as it is effective.1016    Unfortunately, WADA is not independent. The International Olympic1017Committee (IOC) pays half its budget; controls many governing seats and1018appointments and can essentially control WADA's decisions. It is ``pay1019to play'' for sport. Governments of the world, including the U.S., pay1020the other half of WADA's budget.1021    As it stands, WADA's governance structure allows for its board1022members to serve in an executive capacity for sports organizations1023simultaneously. For example, during the Russian affair, WADA's1024President was also an IOC member and even served as an IOC Executive1025Board member while also serving as WADA President. WADA staff have1026admitted to not informing its Executive Committee of its decision to1027allow China to hide the 23 positive tests, acknowledging it did not do1028so to protect itself from public scrutiny. WADA has failed to answer1029whether the WADA President, or Vice President from China, were directly1030involved with the decision on the TMZ 23 and the more than 900 lost1031cases, or if the IOC, WADA's largest single-funder, was involved, or1032when they were made aware of decisions.1033    But at WADA, with last month's Presidential and vice-presidential1034process, there was no real election. There was only a coronation. No1035open, competitive election, no other candidates, no willingness to1036speak about the vision for the future. Just WADA extending the1037incumbents term in office and allowing the handpicked heirs to continue1038to refuse needed reform. Athletes deserve better.1039    With this election, WADA broke good governance practices and conned1040America and the entire world. As this Committee may recall from its10412020 hearing, U.S. Appropriators began to include legislative language1042accompanying the U.S. dues requiring WADA governing boards to become1043more independent and incorporate athletes' voice and vote. WADA also1044went through two formal, global `reform processes' where a special1045governance working group was established to consult with stakeholders1046through surveys and in-person meetings. The sole purpose of these1047elaborate, expensive processes was to reform WADA to make it more1048effective and independent.1049    Arising out of these processes, sparked by the U.S. demands for1050independence, WADA agreed to change and make the WADA President and1051Vice President independent positions, not ones appointed from sport and1052governments, as was the status quo. This reform was applauded by1053stakeholders including the U.S. and was supposed to take effect at the1054start of 2026.1055    However, even after these lengthy `reform processes' where1056agreement was had for WADA to become more independent by making the1057WADA President and Vice President positions independent ones, in a1058closed-door meeting in May 2023, WADA leaders unilaterally disregarded1059the world's position and agreed to extend the term limits for the1060current government and sport appointed WADA President and Vice1061President. So, late last month, the former Polish Sports Minister and1062current WADA President and the Chinese sport appointment WADA Vice-1063President, will be appointed for another 3-years; thereby, delaying the1064installation of an independent President and Vice President until 2029,1065at the earliest.1066    WADA made an agreement to become more independent, received the1067U.S. funding at the time, and then backed out of the deal. Classic1068`bait and switch'.1069    If the IOC were to remove themselves and other sports organizations1070from critical anti-doping functions--the anti-doping landscape would be1071exponentially stronger. Clean athletes could trust the global system1072and be much better protected. Sport involvement in critical anti-doping1073enforcement is a glaring conflict of interest, and we know from1074experience that it's too much to expect any organization to effectively1075promote and police itself.1076    There is renewed hope with Kirsty Coventry's recent election to1077lead the IOC--an indication that real change might still be possible--1078but only time will tell, and time has pretty much already run out for1079clean athletes.1080                         So, What can be Done?1081    USADA believes multiple solutions can be pursued to ensure1082accountability, transparency, and justice for athletes.\19\ First and1083foremost, American tax dollars shouldn't fund secrecy and double1084standards. We must continue to demand real transparency and tie every1085penny of funding to truth and accountability, not polished PR and anti-1086American attacks. That is how we stand up for clean sport and for the1087values this country was built on. This starts with the China dossier.1088Congress must require the entire China dossier, with all of the testing1089and scientific documents be made public. There are no credible reasons1090the entire dossier cannot be published. Anything less than that will1091not satisfy those who want to ensure justice for all athletes involved.1092---------------------------------------------------------------------------1093    \19\ See Exhibit 8--Letters from U.S. Athlete Committees and ONDCP1094Director Dr. Gupta to WADA President Banka. All USADA's requests are1095consistent with what U.S. athletes and ONDCP have also asked for.1096---------------------------------------------------------------------------1097    Second, the time for blind trust is over--WADA must also be1098audited, and the curtain pulled back on the performance behind the1099podium. As the global regulator, WADA has compliance powers and a large1100staff to perform audits, as it chooses, on other anti-doping1101organizations. WADA alone goes un-audited and unaccountable. Like1102athletes and anti-doping agencies around the world and throughout the1103WADA Code, including in Code Article 20.7, WADA has detailed roles and1104responsibilities. It has been over 25 years, and it is time for WADA to1105finally go through an independent, legitimate compliance audit of its1106roles and responsibilities under the WADA Code. Athletes and most anti-1107doping organizations are supposed to all be held to the strictest1108compliance standard by WADA, so it's time that WADA is also held to the1109standards in place for them.1110    For example, even though WADA admits that CHINADA did not follow1111mandatory rules of the World Anti-Doping Code in its handling of the1112TMZ 23 positives, shockingly, WADA did not appeal the cases wrongly1113handled or conduct a compliance investigation or otherwise hold CHINADA1114accountable for its deliberate and blatant failure to follow the1115mandatory rules as is WADA's role under the World Anti-Doping Code.1116    Third, the U.S. should not allow WADA to hustle us or the world by1117breaking its promise to install a truly independent WADA President and1118Vice President at the start of 2026. Allowing them to insult the world1119and good governance practices in this way should not be condoned but1120rejected. We should only restart our WADA dues payment when there is an1121independent WADA President and Vice President in the seats as was1122promised by WADA years ago.1123    Fourth, we should support the current Administration through ONDCP1124and the State Department and non-government partners like the United1125States Olympic and Paralympic Committee (USOPC) to collaborate with1126other willing national and international partners to unite behind1127requiring WADA to do the right thing for the right reasons for athletes1128in a fair, transparent, and accountable way as has been discussed1129today. Of course, we are for collaboration and working together with1130WADA to achieve a strong, fair, and effective global anti-doping1131system.1132    Up until late 2014, WADA and USADA worked hand and hand together1133and many of the successes were achieved in lock step with WADA and1134others around the world. We continue to stand ready to work with WADA1135and have reached out to them to have a constructive dialogue on the1136Chinese file to attempt to find common ground and a way forward.1137Unfortunately, despite repeated requests, WADA leaders refuse to meet1138even with intermediaries present and instead, only attempt to rewrite1139history on the Chinese file, divert, attack, and refuse to answer basic1140questions.1141    Finally, WADA must set up an independent expert committee that1142makes the decision on all positive tests that do not result in an anti-1143doping rule violation and public announcement.\20\ The rules require1144this in all positive cases of this type and WADA has now finally1145admitted that China should have determined these 23 TMZ cases to be1146violations and therefore should have announced them back in 2021. This1147is a necessary check, to balance the power.1148---------------------------------------------------------------------------1149    \20\ See Exhibit 9--White Paper Written by Legal Expert, Steve1150Teitler from the Netherlands Anti-Doping Authority.1151---------------------------------------------------------------------------1152    Since WADA leadership did not inform the WADA Executive Committee1153about the decision to let China circumvent the rules, we should require1154that the WADA Executive Committee must be notified of all of these1155types of decisions. It can't be that a couple of WADA insiders in1156secret backrooms are allowed to pick and choose which countries and1157athletes have to follow the mandatory rules, and which ones get to1158follow an unwritten set of rules.1159               Momentum for Reform but America Must Lead.1160    Despite global pleas and countless opportunities for1161accountability, WADA has slammed the door on transparency, deaf to the1162chorus of athletes and nations demanding the truth. If WADA truly1163believes in accountability and transparency, then an audit should be a1164welcome step, not a threat. Until then, every excuse sows more doubt1165across the world. The time for scripted statements is over. The world1166is watching and it's time for the truth.1167    With broad support in the U.S., including from USADA, ONDCP under1168the steadfast leadership of Dr. Rahul Gupta and professional staff,1169Debbie Seguin, Rich Baum, and Anthony Jones, the Biden White House did1170the right thing and made 2024 U.S. funding to WADA conditional on1171several important outcomes including: WADA submitting to an independent1172code compliance operational audit; WADA dropping the ethics complaint1173it filed against Dr. Gupta in his role as a WADA Executive Committee1174member and the defamation lawsuit against USADA; WADA attending an in-1175person meeting with U.S. sports and anti-doping stakeholders; WADA1176suspending efforts to issue sanctions and consequences for1177``Voluntary'' Public Authorities' non-payment of WADA dues; and, WADA1178implementing the Executive Committee Working Group Recommendations1179following the release of the Cottier Report.1180    WADA did not agree, and the U.S. payment was rightfully withheld by1181the U.S. government for 2024.1182    We are all disappointed that WADA has continuously declined to1183testify before any U.S. Congressional Committee and continues to1184double, even triple down, on deflecting fault and pointing fingers at1185the United States. In response to the legitimate questions, WADA again1186levied allegations that those from the U.S. were politically motivated1187against WADA, implying that these facts of the Chinese 23 TMZ cases1188were somehow made up. There was a clear violation of the rules, and1189WADA chose to do the politically expedient, rather than their job, and1190avoid answering the basic questions. It is also disappointing to1191repeatedly hear comments by the WADA President where he has the1192audacity to throw U.S. athletes under the bus by attempting to1193discredit their hard work and integrity. WADA has gone so far as to1194throw baseless lawsuits and ethics complaints against USADA and the1195former White House Director of National Drug Control Policy, Dr. Gupta.1196Both of these were tactics to weaponize the legal process against truth1197seekers. These were new lows, especially for a supposed ``values''1198based integrity organization. It seems clear that WADA will apparently1199stop at nothing to avoid accountability so that they can retain the1200power to decide which countries and athletes get special treatment.1201    The U.S. is not alone in this assessment and concern. In 2022, a1202multi-national group of National Anti-Doping Organizations (NADOs),1203recognized threats to the legitimacy and credibility of the anti-doping1204community as a result of WADA's governance failures and developed1205guiding principles for a more fair and just system. Not but a year1206later, more than 20 NADOs from the Latin American region wrote the1207Ibero-American Anti-Doping Network (RILD) Manifesto, aimed at bringing1208to WADA's attention issues of compliance and Code integration and1209recommending that WADA undergo an audit in order to improve the global1210anti-doping system.\21\ WADA lashed out at this. More recently, an1211equally robust global group of over a dozen NADOs, including USADA,1212have requested to increase independence and facilitate more transparent1213preventive policies. Similarly, foreign governments are calling for1214change. A German Parliamentary State Secretary following a hearing1215similar to today's, stated that WADA is ``gambling away all acceptance1216and right to exist.'' This year, Former WADA Vice-President and current1217Norwegian Parliamentary Member, Linda Helleland, stated:1218---------------------------------------------------------------------------1219    \21\ See Exhibit 10--Red Iberoamericana de Lucha contra el Dopaje1220(``RILD''), Manifesto of the Parties for the Improvement, Review, and1221Updating of the Global Anti-Doping System. October 6, 2023.12221223        ``We have a global anti-doping organisation stripped of1224        integrity and failing to fulfil its duties. Its role is to1225        combat doping and ensure fair competition among athletes, yet1226        it now appears more focused on protecting the interests of the1227        dark forces undermining sports. As long as Wada fails to1228        operate independently and transparently and shows no1229        willingness for internal reform and change, Norwegian taxpayers1230        should not contribute to the organisation. The government1231        should follow the U.S. lead and withhold our funding. Failing1232        to support the Americans would mean siding with Wada and1233        China.'' \22\1234---------------------------------------------------------------------------1235    \22\ Rob Draper. UK and EU urged to follow U.S. and block funding1236for World Anti-Doping Agency. The Guardian. 15 Jan. 2025. https://1237www.theguardian.com/sport/2025/jan/15/uk-and-eu-urged-to-follow-us-and-1238block-funding-for-world-anti-doping-agency.12391240    Additionally, Nordic Ministers have expressed concern with the1241recent cases, stating they undermine trust in anti-doping work which1242has now also influenced the newly established Parliamentary Alliance at1243the Council of Europe on Good Governance and Integrity in Sport. In1244response, WADA has either ignored its stakeholders or tried to pit them1245against each other.1246    Many have attempted to battle WADA's failures, sound the alarm, and1247push for reform, only to be stonewalled at every turn by powerful1248international sports politics. But the U.S. is uniquely positioned to1249affect change. As the single largest government contributor to WADA,1250withholding funds and advancing legislation like the Restoring1251Confidence in the World Anti-Doping Agency Act of 2025, shows how1252serious the U.S. is about change and the rights of all athletes. This1253effort for change doesn't impact our athletes' ability to compete1254internationally and it doesn't impact WADA's ability to serve athletes1255. . . only its leader's ability to take first-class flights and stay at1256five-star hotels. WADA will continue to say that withholding funds1257negatively affects athletes but there is nothing in their charter,1258statutes or Code to back it up. It's fear-mongering, banking on1259confusion over facts. But if we give in and release funds, we're1260telling WADA and the world that they can take our money, fail to do the1261job which results in American athletes losing unfairly, and get away1262with it. We cannot condone this behavior.1263    With the golden age of sports coming to America, we must continue1264to support the united American stand against this misconduct. In its1265first administration, the Trump White House took three decisive and1266impactful actions that reasserted American leadership in the global1267fight for clean sport. First, working with Congress, they secured1268authority to withhold U.S. funding for WADA unless meaningful reforms1269were implemented. This is a critical leverage point, and one that was1270utilized by the Biden administration last year. In 2018, the Trump1271White House also convened a landmark summit on WADA reform, bringing1272together athletes and Government Sports Ministers from around the1273globe, all working together to achieve accountability. And perhaps most1274importantly, President Trump signed into law the Rodchenkov Anti-Doping1275Act, establishing U.S. jurisdiction to prosecute international doping1276conspiracies. These actions send a clear message that the U.S. will not1277bankroll a broken system and we must not stop now.1278    Let me be very clear: athletes, sport, and the public need a strong1279and independent WADA. A fierce, fair, and effective global watchdog is1280absolutely essential to protecting the Olympic and Paralympic movement.1281But we need WADA to be a truly independent, global regulator, not1282merely the sport-controlled organization many want it to remain. WADA1283has the resources it needs to do right by athletes--now it just needs1284the will do the right thing.1285    That's what is so frustrating for us at USADA and for the athletes1286we serve. The solutions are reasonable and within reach but finding1287leaders with the political will to implement those solutions has, so1288far, proven to be out of reach. Passing legislation focused on1289continuous accountability and prudent money management could be the1290first wake-up call, moving WADA and the IOC from complacency to1291sustained relevancy.1292    With the Games coming to America, we have one shot to get it right.1293We cannot allow history to repeat itself, not on our watch, not in our1294country. This is our moment to protect clean athletes, uphold1295integrity, and show the world what fair, clean competition truly looks1296like.1297    To a large extent, the personal well-being of the next generation1298of athletes hangs in the balance. This is not just about elite Olympic1299and Paralympic athletes--this is about every kid on a playground who1300has an Olympic or Paralympic dream and asks, ``What do I have to do to1301make my dreams come true and represent the U.S.A. on the biggest stage1302of competition?'' And, the truth is, if we as a movement don't push, if1303we don't win on all the issues that affect athletes, we will likely1304find ourselves back in this same position, years from now, staring down1305another egregious scandal that has abused athletes and robbed another1306generation of athletes in the process.1307    And we will all be wondering why we didn't do more when we had the1308chance. Thank you for the invitation to appear before you today for1309your help in getting this right.1310    Thank you, I look forward to your questions.13111312    Senator Curtis [presiding]. Thank you. Dr. Gupta, you are1313recognized for 5 minutes.13141315          STATEMENT OF DR. RAHUL GUPTA, MD, MPH, MBA,13161317        PRESIDENT, GATC HEALTH CORP AND FORMER DIRECTOR,13181319            OFFICE OF NATIONAL DRUG CONTROL POLICY,13201321                        THE WHITE HOUSE13221323    Dr. Gupta. Good afternoon. Thank you. Thank you, Madam1324Chair, Ranking Members, and this Committee.1325    My name is Dr. Rahul Gupta. I serve as President of GATC1326Health Corp, a tech bio company, and formerly led the White1327House Office of National Drug Control Policy, representing the1328United States as well as the Americas region on WADA's1329Executive Committee.1330    I am honored to testify here today on a matter that goes to1331the very heart of sport, fairness, and American values, the1332governance of the World Anti-Doping Agency, or WADA. We must1333never forget that behind every medal, every anthem, and every1334flag, there is an athlete, often a teenager or a young adult,1335who has dedicated their life to honest competition. They train1336in the dark before sunrise. They sacrifice their bodies, their1337free time, and sometimes futures, in pursuit of excellence, and1338they do it clean. Yet today, their dreams are being undermined,1339not by a rival but by the very institution meant to protect1340them.1341    WADA was created to ensure that every athlete, in every1342country, plays by the same rules, but WADA has strayed from1343that mission, and the evidence is now undeniable. When 231344Chinese swimmers tested positive for a banned substance before1345the Tokyo Olympics, WADA did not open an independent1346investigation. It did not inform its executive committee. It1347quietly accepted an explanation of contamination, and let those1348athletes compete while clean athletes from other countries1349watched the podium slip away. No athlete should have to ask,1350``Did I lose because someone cheated and no one stopped it?''1351Yet, that is exactly what happened.1352    And when I, as the U.S. representative to WADA, asked1353questions, why we were not told, why no sanctions, why no1354transparency, we were met with deflection. The so-called1355independent investigator offered no recommendations, no1356accountability, and no answers. This is not a technical lapse.1357It is a governance failure, and it breaks faith with every1358clean competitor.1359    The United States, as WADA's largest public funder and1360founder, could not, in good conscience, continue business as1361usual. That is why we withheld our dues and demanded reforms.1362We need transparency in decisionmaking, true conflict of1363interest protections, independent oversight, and a permanent1364U.S. seat at the table. WADA leaders responded by removing us1365from its executive committee, and that is not because we broke1366rules, but because we dared to challenge a broken system.1367    The United States was a democratically elected member1368representing the Americas region. That is now not how global1369institutions should operate. That is not leadership. That is1370fear of accountability. And the timing could not be more1371critical. As has been said here, in the next few years the1372world's eyes will turn to the United States for 2026 FIFA World1373Cup, 2028 L.A. Olympics, and 2034 Salt Lake City Winter Games.1374If WADA's dysfunction goes unaddressed, we risk hosting events1375under a cloud of doubt and distrust.1376    This is not about vengeance. It is about vigilance. It is1377about restoring fairness, not just for American athletes, but1378for every athlete from every country who dares to play by the1379rules. Congress now has a once-in-a-generation opportunity to1380act, by passing legislation that ties U.S. funding to reform,1381by insisting that WADA includes athletes' voices and national1382accountability, and by making it clear that integrity is not1383negotiable. It is indeed the price of our support.1384    Let me be very clear. This is not about medals. It is about1385meaning. It is about telling every clean athlete, from the1386swimmer in Nebraska, to the gymnast in Georgia, to the fencer1387in France, that we have your back, that doping will not win,1388that integrity still matters, and that the United States will1389not just play on the field, we will lead off it.1390    Thank you and I look forward to your questions.1391    [The prepared statement of Dr. Gupta follows:]13921393    Prepared Statement of Dr. Rahul Gupta, MD, MPH, MBA, President,1394 GATC Health Corporation and former Director, Office of National Drug1395                    Control Policy, The White House1396                              Introduction1397    Good afternoon, Madame Chairwoman, Senator Blackburn, and members1398of the Committee. My name is Dr. Rahul Gupta, the President of GATC1399Health Corp, a tech-bio company and former Director of the White House1400Office of National Drug Control Policy. I appreciate the opportunity to1401testify today on a matter of critical importance to the integrity of1402international sports and the protection of clean athletes worldwide--1403the governance and effectiveness of the World Anti-Doping Agency1404(WADA). We must all be steadfast in our commitment to ensuring that1405American athletes compete on a level playing field and that our1406Nation's investments in anti-doping efforts are utilized effectively1407and responsibly and I thank this committee for holding this important1408hearing.1409    I sit before you today not merely as the former member of the1410Executive Committee of WADA representing the Americas Region, but as a1411staunch advocate for the integrity of sports and the sanctity of fair1412competition. The United States has long been a leader in the fight1413against doping in sports, both domestically and internationally. With1414strong support from the United States, WADA was established with the1415noble intent to safeguard clean athletes and uphold the principles of1416fair play and now it finds itself at crossroads. Recent events have1417cast a long shadow over its credibility, and it is imperative that we,1418as stewards of justice and fairness, address these concerns with the1419urgency and gravity they deserve.\1\ These concerns are not only about1420specific incidents but also about systemic issues within WADA's1421governance and operations that undermine its credibility and1422effectiveness.1423---------------------------------------------------------------------------1424    \1\ https://bidenwhitehouse.archives.gov/ondcp/briefing-room/2024/142507/09/ondcp-director-dr-1426rahul-gupta-statement-on-world-anti-doping-agency-interim-report/1427---------------------------------------------------------------------------1428    WADA was established in November 1999.\2\ Its mission is to promote1429and coordinate, internationally, the fight against doping in sport.1430WADA was created as an initiative of the International Olympic1431Committee with the support and participation of governments, national1432anti-doping organizations and other public and private bodies fighting1433against doping in sport. As the sole international regulatory body1434against doping in sport, WADA has a unique responsibility to ensure1435that international competitions, especially the Olympic and Paralympic1436Games, are fairly conducted with the highest possible standards of1437integrity. WADA's leadership structure consists of equal1438representatives from the Olympic Movement and public authorities1439(national governments).1440---------------------------------------------------------------------------1441    \2\ https://www.usada.org/wp-content/uploads/ONDCP-2021-WADA-1442Report-to-Congress_1443Final.pdf1444---------------------------------------------------------------------------1445    It is the responsibility of WADA to oversee anti-doping programs,1446which encompass drug testing not only during the Olympic Games but1447throughout the entirety of the year.\3\ Elite athletes who engage in1448doping often do so with the assistance of highly specialized1449scientists, who meticulously design and refine protocols aimed at1450minimizing or even eliminating the likelihood of detection.1451---------------------------------------------------------------------------1452    \3\ https://www.wada-ama.org/sites/default/files/resources/files/14532021_wada_code.pdf1454---------------------------------------------------------------------------1455    These illicit efforts may be facilitated, supported, or shielded by1456corrupt entities within sports organizations, governmental bodies, law1457enforcement agencies, or intelligence networks.1458    It remains WADA's primary responsibility to ensure that anti-doping1459programs are not only comprehensive but also resilient, verifying that1460laboratories worldwide possess the capability to detect all forms of1461doping substances and methodologies. Furthermore, WADA must diligently1462monitor the execution of testing procedures across the globe, ensuring1463uniformity and reliability. Given the critical nature of this1464responsibility, it is imperative that WADA takes every precaution to1465avoid even the slightest appearance of conflicts of interest. The1466agency's integrity and credibility hinge on its unwavering commitment1467to impartiality and transparency in its operations.1468    The United States government and the American people must remain1469heavily invested in ensuring WADA's success and integrity. This1470investment is not merely financial--it is a moral and strategic1471commitment to preserving the core values of sport. American athletes1472devote countless hours, years, and often their entire youth to training1473and perfecting their craft. Their journeys are marked by resilience,1474discipline, and personal sacrifice. These athletes do not compete1475solely for medals or records; they represent a broader ideal--the1476belief that greatness can be achieved through honesty, hard work, and1477fair competition.1478    In a global athletic arena, where the temptation and pressure to1479seek unfair advantage through performance-enhancing drugs remain ever-1480present, the role of WADA is indispensable. By championing anti-doping1481efforts, the agency protects not only the health and safety of athletes1482but also the very credibility of international competition.1483    Support for WADA and calls for its reform are, therefore, a1484reflection of America's commitment to global leadership, fairness, and1485justice in sport. It ensures that clean athletes--whether they wear1486red, white, and blue or any other colors--compete on a level playing1487field. Continued investment also signals to the world that the United1488States will not tolerate corruption in sport and will lead by example1489in upholding the values that inspire millions.1490    Ultimately, WADA's success is not just about catching cheaters--1491it's about protecting dreams, preserving the spirit of honest1492competition, and ensuring that when an athlete stands atop a podium,1493their achievement is untainted and fully earned.1494   I. Role of the White House Office of National Drug Control Policy1495                       (ONDCP), and its Partners1496    The Office of National Drug Control Policy (ONDCP) plays a1497significant role in the United States' relationship with the World1498Anti-Doping Agency (WADA), and this role is overseen and influenced by1499Congress.\4\ On behalf of the United States government, Congress1500directs ONDCP to coordinate anti-doping activities at international1501level including at WADA. Partners include the U.S. Anti-Doping Agency1502(USADA), U.S. Olympic & Paralympic Committee (USOPC), Athletes'1503Advisory Council, Team USA, partner nations and others.\5\ Each year,1504Congress appropriates funds to ONDCP for anti-doping activities as well1505as for United States membership dues at WADA.1506---------------------------------------------------------------------------1507    \4\ https://www.congress.gov/crs-product/1508R46889#::text=ONDCP%20coordinates%20U.S.%201509anti%2Ddoping,U.S.%20membership%20dues520to%20WADA.1510    \5\ https://bidenwhitehouse.archives.gov/ondcp/briefing-room/2021/151111/16/readout-of-anti-do1512ping-forum-hosted-by-ondcp-with-olympic-athletes-sponsors-broadcasters-1513and-other-stakeholders/1514---------------------------------------------------------------------------1515    When I assumed the role of Director at the Office of National Drug1516Control Policy (ONDCP) in November 2021, I was dismayed to discover1517that the United States had been systematically outmaneuvered and1518excluded from key governance bodies of WADA. This marginalization was1519particularly evident in the absence of American representation on1520WADA's Executive Committee, a critical decision-making body. I found1521this situation unacceptable, as it undermined our Nation's influence in1522shaping global anti-doping policies and protecting the interests of1523clean athletes.1524    In response, we took decisive action. In April 2023, the United1525States was unanimously elected to the presidency of the American Sports1526Council (Consejo Americano del Deporte, or CADE), a 41-member1527association of Western Hemisphere sports ministers representing the1528Americas Region at WADA. As the new president of CADE, the United1529States automatically assumed a seat on WADA's Executive Committee,1530marking our participation in this capacity historic.\6\1531---------------------------------------------------------------------------1532    \6\ https://bidenwhitehouse.archives.gov/ondcp/briefing-room/2023/153304/19/united-states-elected1534-to-the-presidency-of-the-american-sports-council-will-serve-on-the-1535world-anti-doping-agencys-executive-committee/1536---------------------------------------------------------------------------1537    This strategic move allowed us to reassert our leadership in the1538global anti-doping community. At the May 2023 Executive Committee1539meeting in Montreal, I pressed for accountability regarding Russia's1540past doping violations and advocated for the development of eligibility1541criteria that subject all athletes, including Russian athletes, to a1542minimum number of required doping tests.\7\ I also emphasized the1543importance of meaningful medal ceremonies for athletes affected by1544delayed investigations, such as the Kamila Valieva case, and strongly1545encouraged WADA to continue refining its governance reforms to ensure1546fair athletic competition.1547---------------------------------------------------------------------------1548    \7\ https://septewhitehouse.archives.gov/ondcp/briefing-room/2023/154905/11/readout-of-wada-exe1550cutive-committee-meeting-as-usa-participates-as-member-for-first-time-1551since-2015/1552---------------------------------------------------------------------------1553    Additionally, as per the directions of Congress, I communicated to1554WADA leadership the need for significant additional reforms to the way1555WADA is structured and functions to ensure that the organization is1556able operate with independence and transparency of its operations,1557enhancing the role of athletes in WADA decision-making, and restoring1558confidence in clean competition.\8\ Our renewed engagement with WADA1559underscored the United States' commitment to promoting clean sport and1560ensuring that anti-doping efforts are transparent, effective, and fair.1561By actively participating in WADA's governance, we aimed to restore1562trust in the global anti-doping system and uphold the integrity of1563international athletics.1564---------------------------------------------------------------------------1565    \8\ From House Report 116-456, which reads in part: ``The Committee1566directs ONDCP to closely monitor WADA's reform efforts to determine1567whether WADA is making sufficient progress in increasing the1568independence and transparency of its operations, enhancing the role of1569athletes in WADA decision-making, and restoring confidence in clean1570competition.'' See page 42, CRPT-116hrpt456.pdf (congress.gov).1571---------------------------------------------------------------------------1572    However, in April 2024, a shocking revelation emerged that further1573underscored the agency's failures. On a Sunday morning, The New York1574Times published an investigative report revealing that 23 Chinese1575swimmers had tested positive for the banned substance trimetazidine1576(TMZ) before the 2021 Tokyo Olympics.\9\ Despite the positive tests,1577WADA accepted China's explanation of contamination without conducting1578an independent investigation, allowing the athletes to compete in the1579Tokyo Olympics without sanctions. This revelation was not disclosed1580during any Executive Committee meeting or official WADA communication1581but came to light through a media report, catching us all by surprise.1582---------------------------------------------------------------------------1583    \9\ https://www.nytimes.com/2024/04/20/world/asia/chinese-swimmers-1584doping-olympics.html1585---------------------------------------------------------------------------1586    This incident had far-reaching consequences. American athletes, who1587had trained tirelessly for the opportunity to compete on the world1588stage, found themselves questioning the integrity of the competition.1589Swimmer Allison Schmitt, a four-time Olympic gold medalist, expressed1590the unfading uncertainty felt by athletes: ``Many of us will be haunted1591by this podium finish that may have been impacted by doping.'' \10\1592---------------------------------------------------------------------------1593    \10\ https://www.scmp.com/sport/other-sport/article/3268072/1594michael-phelps-allison-schmitt1595-call-wada-reform-over-handling-chinese-swimmers-case1596---------------------------------------------------------------------------1597    The lack of transparency and accountability in handling this case1598raised serious concerns about WADA's commitment to enforcing anti-1599doping regulations impartially and effectively. The erosion of trust1600has not been limited to individual athletes. The United States Anti-1601Doping Agency (USADA) and the U.S. Olympic and Paralympic Committee1602(USOPC) Athletes' Advisory Council have all called for immediate1603reforms at WADA, citing systemic failures and a lack of transparency.1604    The impact of WADA's failures extends beyond the sporting community1605itself. The credibility of international competitions is at stake, and1606the very foundation of fair play is being questioned. As Michael1607Phelps, the most decorated Olympian in history, testified before1608Congress, ``As athletes, our faith can no longer be blindly placed in1609the World Anti-Doping Agency, an organization that continues to prove1610that it is either incapable or unwilling to enforce its policies1611consistently around the world.'' \11\1612---------------------------------------------------------------------------1613    \11\ https://www.theguardian.com/sport/article/2024/jun/26/michael-1614phelps-says-us-athletes1615-losing-faith-in-wada-before-paris-olympics1616---------------------------------------------------------------------------1617    The time for complacency has passed. The United States, as a1618leading proponent of clean sport, must take decisive action to ensure1619that WADA reforms its governance structures and operations. By doing1620so, we reaffirm our commitment to fairness, integrity, and the1621protection of clean athletes worldwide, regardless of nationality.1622      II. The Erosion of Trust: A Case Study in Governance Failure1623    Madame Chairwoman and members of this esteemed Committee, WADA's1624governance challenges can be likened to buying a certified pre-owned1625vehicle from a reputable dealership. You expect that the car has been1626thoroughly inspected, that it's safe and roadworthy. But as soon as you1627drive it off the lot, the brakes fail and the engine sputters--and only1628then do you learn that the dealership has a history of skipping1629inspections altogether. The problem isn't just the faulty vehicle; it's1630the broken system that promised trust and delivered negligence.1631    This allegory mirrors the situation with WADA. The agency,1632entrusted with the monumental responsibility of ensuring clean1633competition, has repeatedly failed to act decisively in the face of1634doping scandals. The case of 23 Chinese swimmers who tested positive1635for trimetazidine before the 2021 Tokyo Olympics is only one example.1636WADA's decision to accept China's explanation of contamination without1637conducting an independent investigation has eroded trust in WADA's1638commitment to clean sport and its ability to hold all nations1639accountable, regardless of their stature or political influence.1640    The situation was further complicated by the appointment of Swiss1641prosecutor Eric Cottier to investigate the case. His appointment was1642effectively imposed by WADA management on the Executive Committee and1643the Foundation Board, neither of which was really afforded a fair and1644transparent opportunity to weigh in on alternative choices that may1645have been more independent. Critics, including the U.S. Anti-Doping1646Agency (USADA), questioned Cottier's independence due to his long-1647standing ties to WADA and its former auditor, Jacques Antenen as well1648as Mr. Cottier agreeing to the extremely limited scope of the1649investigation set by WADA which prevented a meaningful review.\12\ This1650raised concerns about the impartiality of the investigation and the1651transparency of WADA's decision-making processes.1652---------------------------------------------------------------------------1653    \12\ https://www.cbc.ca/sports/olympics/summer/aquatics/wada-china-1654prosecutor-defence-16551.71896451656---------------------------------------------------------------------------1657    Indeed, on July 01, 2024, Mr. Cottier issued an interim summary1658report and committed to provide a full list of recommendations to the1659WADA in its final Report.\13\ In his final Report in September 2024 Mr.1660Cottier provided no such list of recommendations and specifically1661noted, ``the Investigator has decided not to make any1662recommendations.'' \14\ At WADA's Executive Committee meeting in1663Turkiye, when I questioned Mr. Cottier about this significant deviation1664from his commitment, he became agitated and was unable to provide a1665cogent response. Similarly, he could not articulate that while he found1666significant deficiencies in CHINADA's (Chinese Anti-Doing Agency)1667actions in dealing with the positive TMZ findings as well as the1668contamination scenario, why would he bury those in his Report and not1669expand his investigation despite having the directives of the Executive1670Committee members to do so.\15\1671---------------------------------------------------------------------------1672    \13\ https://www.wada-ama.org/sites/default/files/2024-07/1673summary_report_en_0.pdf1674    \14\ https://www.wada-ama.org/sites/default/files/2024-09/1675202408_final_cottier_report_eng1676lish_translation.pdf1677    \15\ https://bidenwhitehouse.archives.gov/ondcp/briefing-room/2024/167809/13/readout-of-ondcp-meetings-with-world-anti-doping-agency-1679executive-committee-international-olympic-committee-and-united-states-1680antidoping-agency-members/1681---------------------------------------------------------------------------1682     III. ONDCP Holds WADA Accountable by Withholding Dues Payment1683    Regardless of the good faith efforts of the United States1684government to seek basic governance reforms including an independent1685code compliance operational audit and bringing more transparency and1686accountability into the institution, longstanding concerns over WADA's1687governance and handling of doping cases has remained.\16\ It was1688particularly troubling that WADA leadership failed to disclose to its1689own Executive Committee the decision to quietly accept CHINADA's1690explanation in a major doping case--a decision that effectively allowed1691a powerful nation to circumvent the rules without independent scrutiny.1692---------------------------------------------------------------------------1693    \16\ https://bidenwhitehouse.archives.gov/wp-content/uploads/2023/169407/ONDCP-WADA-Report_July-2023.pdf1695---------------------------------------------------------------------------1696    Even more alarming was WADA's continued refusal to commit to1697informing the Executive Committee about such consequential matters in1698the future. This posture reflects a deliberate choice to preserve1699opacity over accountability--a status quo that serves bureaucratic1700comfort and potentially a corruptive mindset at the expense of public1701trust.1702    To change this status quo, ONDCP asked WADA, in good faith, to1703commit to reform as a condition for U.S. dues payment including that1704WADA: (1) Fully and expeditiously implement the recommendations of the1705Executive Committee Working Group based on the findings of the Cottier1706and World Aquatics reports, keeping the Executive Committee informed of1707its progress; (2) Conduct an independent code-compliance audit, in1708conjunction with the WADA Risk and Audit Committee, of key components1709of WADA to identify areas to improve its existing policies and1710processes to execute its responsibilities under the World Anti-Doping1711Code; (3) WADA Management shall consult the Executive Committee before1712making decisions on significant matters that are likely to result in1713legal liability or reputational harm to the agency including, but not1714limited to, any non-mandatory litigation or any actions against its1715Executive Committee or Foundation Board members, including utilizing1716the ethics process; (4) Given the lack of prior Executive Committee,1717approval, WADA will unconditionally withdraw its litigation impacting1718the United States Anti-Doping Agency (USADA) by January 18th, 2025, and1719ensure that WADA's Independent Ethics Board accelerates its process to1720conclude its meritless conflict-of-interest complaint against the1721United States Government that had since been withdrawn by WADA; (5)1722Permanently suspend efforts to institute new sanctions on Public1723Authorities for the voluntary non-payment of dues while a feasible1724approach at UNESCO is pursued, in conjunction with WADA, consistent1725with the International Convention Against Doping in Sport; and (6)1726Ensure that the United States would continue its service as the1727Americas representative to the WADA Executive Committee.1728    WADA leadership declined to tie the receipt of membership dues to1729any tangible reform, effectively signaling that financial support1730should come with no conditions, no expectations, and no meaningful1731oversight. In other words, they want no strings attached, regardless of1732performance or governance failure. As Director of ONDCP, a steward of1733public dollars and public trust, I could not in good conscience1734continue business as usual. That is why I made the decision to withhold1735the United States' $3.6 million contribution--the largest in the1736world--to WADA's 2024 budget. It was a necessary stand for reform,1737transparency, and the protection of clean athletes everywhere. We1738received broad support for this action from both institutions like1739USADA and the Athletes Advisory Council as well as independent1740athletes.1741    In January 2025, WADA executed a strikingly unilateral and power-1742driven maneuver by removing the United States from its Executive1743Committee--a move widely condemned as unjustified, politically1744motivated, and emblematic of an organization more concerned with1745consolidating authority than fostering fair and inclusive1746governance.\17\1747---------------------------------------------------------------------------1748    \17\ https://www.reuters.com/sports/us-withholds-wada-dues-calls-1749reforms-global-watchdog-2025-01-08/1750---------------------------------------------------------------------------1751    In April 2025, the United States once again ran for and won the1752presidency of CADE through a transparent, democratic process--securing1753the mandate to represent the Americas Region on WADA's Executive1754Committee. Yet, in a troubling display of institutional defiance, WADA1755has refused to recognize the outcome and continues to block the seating1756of the region's duly elected representative. This refusal not only1757disregards the will of the Americas but further underscores WADA's1758resistance to accountability and representative governance.1759    These incidents have made it clear to all serious stakeholders in1760international sport that WADA's governance structures are fundamentally1761inadequate. There is a growing global consensus that urgent reforms are1762needed to restore confidence, ensure transparency, and protect the1763principle of fair play--the heart of international competition.1764         IV. Systemic Governance Failures: A Closer Examination1765    WADA's challenges are not isolated incidents but indicative of1766deeper systemic issues within its governance structure:17671768  1.  Lack of Effective Leadership: The leadership of WADA, under its1769        current President and Director General has been widely1770        criticized for a consistent pattern of opacity, lack of1771        accountability, and dismissiveness toward internal and external1772        scrutiny. The acceptance of CHINADA's contamination explanation1773        without conducting an independent investigation, and crucially,1774        failing to timely inform its governing board or the public1775        about the positive tests until they were exposed by media1776        reports are just one of the several examples.17771778      Further concerns have arisen from WADA's unilateral selection of1779        Swiss attorney Eric Cottier to lead the investigation into the1780        case and later compelling the Executive Committee to accept the1781        selection without providing terms of reference. Critics1782        questioned his impartiality due to his longstanding ties to1783        WADA and its former auditor, Jacques Antenen, raising doubts1784        about the independence of the inquiry.\18\ These actions--or1785        lack thereof--demonstrate a troubling disregard for the1786        principles of transparency and accountability that are1787        essential to maintaining trust in the global anti-doping1788        system. The failure to address internal complaints and the1789        apparent reluctance to engage with constructive criticism1790        further undermine WADA's credibility and effectiveness in its1791        mission to ensure fair competition in international sports.1792---------------------------------------------------------------------------1793    \18\ https://www.stateofswimming.com/wada-tested-on-state-of-1794independence-in-go-free-23-chinese-doping-positives-inquiry/17951796  2.  Lack of Independence in Leadership: WADA's leadership has been1797        criticized for its close ties to the International Olympic1798        Committee (IOC) and national sports federations.\19\ This1799        interconnectedness raises concerns about the agency's ability1800        to make impartial decisions free from external influences. In1801        fact, when Salt Lake City was awarded the 2034 Winter Olympics,1802        the IOC added a clause to the contract stating that the Games1803        could be withdrawn if the U.S. government, USADA, or other U.S.1804        bodies did not fully respect WADA's ``supreme authority'' in1805        enforcing the World Anti-Doping Code.\20\1806---------------------------------------------------------------------------1807    \19\ https://www.nytimes.com/2024/12/31/us/politics/wada-doping-1808salt-lake-city-2034-olympics.html1809    \20\ https://swimswam.com/salt-lake-city-named-as-host-for-2034-1810winter-olympic-games-despite-threats-from-dick-pound/18111812  3.  Inadequate Representation of Stakeholders: Despite the1813        significant financial contributions from governments and the1814        critical role of athletes in the anti-doping system, WADA's1815        decision-making bodies lack adequate representation from these1816        groups. For instance, the Athletes' Committee, which is1817        supposed to represent the interests of athletes, has been1818---------------------------------------------------------------------------1819        criticized for its limited influence and lack of independence.18201821  4.  Conflicts of Interest: WADA's governance structures allow for1822        potential conflicts of interest, particularly among members who1823        have ties to organizations with a direct financial interest in1824        WADA's decisions. This undermines the agency's ability to make1825        decisions that prioritize the integrity of sport over the1826        interests of powerful stakeholders. For instance, the1827        involvement of WADA's General Counsel in defending the agency's1828        decision not to appeal the acquittal of 23 Chinese swimmers who1829        tested positive for the banned substance trimetazidine (TMZ)1830        before the 2021 Tokyo Olympics has been criticized for1831        violating WADA's own conflict of interest policy.\21\1832---------------------------------------------------------------------------1833    \21\ https://www.usatoday.com/story/sports/olympics/2024/04/22/1834chinese-swimmers-doping-controversy-wada/73413439007/18351836  5.  Bias Against the United States: WADA has recently undertaken a1837        series of unauthorized and politically charged actions aimed at1838        discrediting the United States government, its institutions,1839        and its athletes--actions made all the more troubling by the1840        fact that they are, in part, financed by U.S. taxpayer1841        dollars.\22\ Without consultation or approval from its own1842        governing bodies, WADA's leadership initiated a defamation1843        lawsuit against USADA--a case it later withdrew--and filed a1844        baseless conflict-of-interest complaint against the ONDCP1845        Director, which was ultimately dismissed.\23\ These maneuvers1846        reflect a disturbing pattern: the misuse of institutional1847        authority and public resources to pursue personal or political1848        vendettas. Rather than fostering collaboration, WADA continues1849        to publicly rail against U.S. anti-doping laws and fuels1850        unnecessary hostility among international partners.\24\ For an1851        organization charged with safeguarding fairness and neutrality1852        in sport, such behavior is not only inappropriate--it is1853        disqualifying.1854---------------------------------------------------------------------------1855    \22\ https://www.bbc.com/sport/swimming/articles/c78e9540392o1856    \23\ https://www.nytimes.com/2025/02/20/us/politics/wada-anti-1857doping-suit.html1858    \24\ https://www.france24.com/en/live-news/20240725-us-not-the-1859world-s-anti-doping-policeman-says-wada-chief-banka18601861  6.  Ineffective Enforcement Mechanisms: One of the most consequential1862        deficiencies at WADA lies in its chronically ineffective1863        enforcement mechanisms. Despite its mandate to ensure1864        compliance with the World Anti-Doping Code, WADA lacks the1865        institutional will and operational independence necessary to1866        uniformly and decisively sanction non-compliant countries or1867        organizations. Time and again, this weakness has resulted in1868        inconsistent applications of justice, with some nations facing1869        significant scrutiny while others appear shielded by opaque1870        processes or geopolitical influence.\25\1871---------------------------------------------------------------------------1872    \25\ https://www.insidethegames.biz/articles/1152386/wada-crisis-1873fight-anti-doping-collapsing18741875    The 2021 Chinese swimming case is emblematic. The reinstatement of1876Russia's anti-doping agency in 2018, despite evidence of widespread1877state-sponsored doping, provides yet another example of the agency's1878failure to take decisive action against major violators.\26\ Such1879failures to escalate and enforce compliance undermine the integrity of1880global sport, create a two-tiered system of justice, and send a1881damaging message to clean athletes: that consequences for doping depend1882less on facts and more on politics. Without enforceable standards and a1883credible willingness to act on them, WADA risks becoming a passive1884observer rather than the active regulator the world's athletes deserve.1885---------------------------------------------------------------------------1886    \26\ https://www.wada-ama.org/en/news/wada-executive-committee-1887unanimously-endorses-four1888-year-period-non-compliance-russian-1889anti#::text=The%20September%202018%20decision%20to,of1890%20the%20new%20Compliance%20Standard.1891---------------------------------------------------------------------------1892                  V. The Need for Comprehensive Reform1893    Madame Chairwoman and esteemed members of the Committee, to address1894these systemic issues and restore trust in the global anti-doping1895system, the following reforms are proposed:18961897  1.  Governance Reform: WADA must submit to an independent code1898        compliance operational audit that identify areas to improve its1899        existing policies and processes in order to execute its1900        responsibilities under the World Anti-Doping Code. WADA should1901        implement an independent prosecutorial body to oversee1902        investigations and ensure impartiality, particularly in high-1903        profile cases.\27\ WADA needs to be more than a `Paper Tiger'1904        to the cheaters and their national sponsors by significantly1905        and consistently enhancing its compliance monitoring.1906---------------------------------------------------------------------------1907    \27\ https://www.usada.org/announcement/call-for-independent-1908prosecutor-wada/19091910  2.  Independent and Transparent Leadership: WADA and the global1911        sports community deserves an independent President, Vice1912        President and Director General, free from ties to the Olympic1913        Movement or sports federations, and free from influence of1914        other major nations.\28\ An independent oversight body should1915        review and evaluate WADA's leadership decisions and1916        actions.\29\ This body should foster a culture of1917        accountability and non-political approach with the authority to1918        assess leadership effectiveness, transparency, and1919        accountability, ensuring that decisions align with the agency's1920        mission and ethical standards.1921---------------------------------------------------------------------------1922    \28\ https://www.playthegame.org/news/the-wada-presidency-election-1923or-coronation/1924    \29\ https://www.thetimes.com/sport/swimming/article/revealed-1925lawyer-linked-to-wada-and-silence-over-chinese-drug-scandal-19266k6tgvrts?utm_ source=chatgpt.com&region=global19271928  3.  United States Representation at WADA: The exclusion of the United1929        States from WADA Executive Committee represents an existential1930        crisis to the global sports community with profound1931        implications for upcoming international sporting events hosted1932        on U.S. soil. WADA's unilateral meritless decision to remove1933        the legitimately elected representative for the entire Americas1934        Region twice has far-reaching consequences, especially as the1935        United States prepares to host major events such as the 20261936        FIFA World Cup, the 2028 Summer Olympics in Los Angeles and1937        2034 Olympic and Paralympic Winter Games in Salt Lake City. The1938        absence of this representation in WADA's decision-making1939        processes undermines the agency's credibility and raises1940        questions about the integrity of anti-doping efforts during1941        these high-profile events. While U.S. athletes' eligibility to1942        compete is not directly affected by the funding dispute, the1943        global perception of the U.S. commitment to clean sport may be1944---------------------------------------------------------------------------1945        compromised.19461947      Furthermore, the situation risks straining relationships with1948        international sporting bodies, potentially affecting future1949        bids for major events. Specifically, the United States's1950        exclusion from WADA's governing body not only impacts the1951        agency's governance but also casts a shadow over the integrity1952        of all upcoming international sporting events. American1953        athletes cannot be guaranteed a level playing field if this1954        bigotry is not addressed. Restoring U.S. participation in1955        WADA's governing body is crucial to reaffirming our and the1956        world's commitment to clean sport. Therefore, any future1957        legislation must consider the requirement that WADA provides1958        the United States its own permanent seat at either Executive1959        Committee or the Foundation Board or both.19601961  4.  Enhanced Stakeholder Representation: WADA must include greater1962        representation from national anti-doping organizations,1963        independent athletes, and technical experts, ensuring that all1964        relevant perspectives are considered in decision-making1965        processes.19661967  5.  Robust Conflict-of-Interest Policies: The integrity of any global1968        regulatory body depends fundamentally on the trust it inspires,1969        and this trust is eroded when real or perceived conflicts of1970        interest go unchecked. For WADA, robust conflict-of-interest1971        policies should not be treated as a procedural luxury--which it1972        currently does, but a structural necessity. Recent1973        controversies, including the role of a WADA employee, who1974        reportedly advised against referring the Chinese doping case to1975        the Court of Arbitration for Sport (CAS) before later becoming1976        WADA's General Counsel, highlight the risks of blurred1977        professional boundaries and insufficient internal1978        safeguards.\30\1979---------------------------------------------------------------------------1980    \30\ https://www.cbc.ca/radio/thecurrent/wednesday-may-22-2024-1981full-transcript-1.721213119821983      When senior legal counsel, investigators, or board members have1984        overlapping professional relationships with external parties1985        under investigation--or may personally benefit from1986        institutional decisions--WADA's credibility is imperiled. To1987        remedy this, WADA must adopt and enforce rigorous,1988        independently audited conflict-of-interest policies for all its1989        leadership employees and board positions. These policies should1990        include full disclosure of all affiliations, mandatory recusals1991        in relevant cases, cooling-off periods for appointments, and an1992        external ethics ombudsman empowered to investigate and report1993        findings publicly. Without clear, enforceable standards, WADA1994        risks continuing to operate in the shadow of impropriety,1995        eroding the global confidence that clean athletes and national1996---------------------------------------------------------------------------1997        anti-doping bodies demand.19981999  6.  Transparent and Accountable Decision-Making: Transparent and2000        accountable decision-making must become a central pillar of2001        WADA's operations if it is to maintain legitimacy as the global2002        standard-bearer for anti-doping. At present, key decisions--2003        such as the handling of the 2021 Chinese doping scandal--have2004        occurred without proper disclosure to WADA's own Executive2005        Committee, let alone the public. This failure to communicate2006        critical developments in real time erodes confidence not only2007        among national anti-doping agencies and athletes but also among2008        governments who fund and rely on WADA's impartiality.2009        Transparency is not just about publishing decisions after the2010        fact; it is about creating a culture where deliberations,2011        rationale, and procedural steps are visible and accessible,2012        subject to internal checks and external scrutiny.20132014      Accountability, in turn, demands mechanisms for review,2015        correction, and consequence--including independent audits,2016        appeals processes, and stakeholder oversight. WADA must adopt2017        practices seen in mature international governance bodies, such2018        as publishing minutes of key meetings, disclosing conflicts,2019        and issuing timely updates on case progress. Only by embedding2020        transparency and accountability in its DNA can WADA reclaim its2021        moral authority and rebuild the trust of the athletes and2022        institutions it is designed to serve.20232024  7.  Effective Enforcement Mechanisms: For WADA to fulfill its core2025        mandate and command respect from the global sporting community,2026        it must implement far more effective enforcement mechanisms.2027        WADA must establish an autonomous, investigative arm with full2028        independence from its political and executive leadership--2029        modeled perhaps after prosecutorial divisions in financial2030        oversight bodies or ethics committees in international law. In2031        addition, WADA must apply its Code uniformly across all member2032        countries, regardless of geopolitical or economic2033        considerations, and ensure that all enforcement decisions are2034        transparently documented and open to review. Enforcement cannot2035        be selective or politically convenient; it must be principled,2036        consistent, and courageous--or risk rendering the global anti-2037        doping system ineffective and irrelevant.20382039    These reforms are not merely aspirational suggestions or2040bureaucratic niceties; they are foundational imperatives if WADA is to2041meaningfully fulfill its mission of protecting clean sport. Without2042decisive action to address the structural deficiencies in governance,2043transparency, enforcement, and conflict-of-interest management, WADA2044risks becoming a passive figurehead--present in name but ineffective in2045action. The global anti-doping system cannot afford such erosion of2046trust. Athletes from every nation, especially those who choose2047integrity over shortcuts, deserve a regulatory body that operates with2048rigor, independence, and unwavering fairness. These reforms are2049essential to restore confidence among national anti-doping2050organizations, to uphold the credibility of international competitions,2051and above all, to guarantee that the playing field is level--not just2052in rhetoric, but in reality. The future of fair sport depends not on2053words, but on action. WADA must either evolve with urgency and2054resolve--or forfeit the trust of the very athletes and institutions it2055was created to serve.2056VI. The Role of the United States and United States Congress in Driving2057                                 Reform2058    As the largest financial contributor to WADA, the United States has2059both a responsibility and an opportunity to lead efforts to reform the2060agency. The United States should continue to engage with international2061partners and stakeholders to advocate for greater transparency,2062stronger governance, and meaningful accountability within WADA.2063However, without decisive structural changes, there is a real danger2064that WADA will continue to function in an opaque, self-protective2065manner--imperiling the trust of clean athletes worldwide.2066    Beyond its governmental contributions, the United States plays a2067disproportionately large financial role in the broader Olympic2068ecosystem. U.S.-based companies make up the majority of corporate2069sponsors supporting the International Olympic Committee (IOC). For2070instance, companies such as Coca-Cola, Visa, Intel, and Airbnb2071collectively contribute billions of dollars to the IOC through the TOP2072(The Olympic Partner) sponsorship program. These commercial investments2073are not mere branding exercises; they reflect a commitment to the2074Olympic values of excellence, respect, and fair play. However, when2075doping violations are inadequately investigated or politically2076suppressed, it tarnishes the integrity of the very competitions these2077companies are underwriting--and, by extension, erodes the value of2078their investment.2079    The United States has long been a global leader in anti-doping2080policy, both through its funding and through the operational excellence2081of the U.S. Anti-Doping Agency (USADA). This commitment is more than2082financial; it is deeply cultural and ethical. To that end, Congress is2083considering the ``Restoring Confidence in the World Anti-Doping Agency2084Act,'' which would grant ONDCP the authority to withhold funding from2085WADA unless the organization implements meaningful governance2086reforms.\31\ This measure underscores the seriousness with which the2087U.S. Congress regards WADA's obligations to athletes and to the2088integrity of global sport. At a time when the world is watching--and2089the United States is preparing to host landmark events like the 20262090FIFA World Cup and the 2028 Los Angeles Olympic and Paralympic Games--2091reform is not just appropriate, it is imperative.2092---------------------------------------------------------------------------2093    \31\ https://www.blackburn.senate.gov/services/files/6E1EB3C9-0C3A-20944E58-99AC-AF24AE92095F4DEE2096---------------------------------------------------------------------------2097        The Role of the United States Congress in Reforming WADA2098    Congress has several strategic tools at its disposal to drive2099reform at WADA and ensure the agency operates with greater2100transparency, accountability, and effectiveness. They include:21012102  1.  Conditional Funding Legislation21032104    Congress can pass legislation--such as the proposed ``Restoring2105Confidence in the World Anti-Doping Agency Act''--that ties future U.S.2106funding contributions to specific governance reforms. This approach2107gives the U.S. leverage by linking its funding to meaningful2108institutional change without undermining clean athletes.2109    These conditions may include:21102111  a)  WADA routinely submit to an independent code compliance2112        operational audit21132114  b)  Greater independent athlete representation on WADA's boards and2115        committees.21162117  c)  Mandatory conflict-of-interest disclosures and recusal policies.21182119  d)  Independent investigations for major doping cases.21202121  e)  Clear and public decision-making processes.21222123  f)  Providing whistleblower protections21242125  g)  WADA permanently suspend its efforts to institute new sanctions2126        on Public Authorities for the voluntary non-payment of dues.21272128  2.  Strengthen ONDCP's Oversight Role21292130    Congress can formally expand the authority of the Office of2131National Drug Control Policy (ONDCP) to oversee U.S. participation in2132international anti-doping bodies. This would allow ONDCP to:21332134  a)  Represent U.S. interests at WADA by requiring a permanent U.S.2135        representation (seats) on WADA Executive Committee or2136        Foundation Board or both.21372138  b)  Collaborate with USADA to issue public evaluations of WADA's2139        compliance with best practices.21402141    Furthermore, it is noteworthy that the ONDCP has long housed and2142overseen the U.S. government's role at WADA, aligning with its broader2143mission of coordinating U.S. anti-doping policy across Federal2144agencies, international partners, and sport organizations Congress2145should reject any proposed transfer of the ONDCP portfolio to another2146Federal agency which would risk undermining the U.S.'s leadership role2147and credibility in global anti-doping efforts.21482149  3.  Convene Hearings and Investigations21502151    Madame Chairwoman, I commend this committee for holding a public2152hearing on WADA's governance failures. Future hearings may include:21532154  a)  WADA's systemic failures to complete governance reforms and2155        become a transparent and accountable international anti-doping2156        body.21572158  b)  The role of conflicted officials at WADA in creating an uneven2159        playing field in sports leading to an inherent disadvantage for2160        American athletes.21612162  c)  The exclusion of the United States from the Executive Committee2163        and Foundation Board.21642165  d)  The role of `gifts' and other asymmetric influences on WADA2166        leadership from national bodies and private sectors21672168  e)  Consideration of an alternative authority should the WADA anti-2169        doping regime continue to fall short of its commitments to the2170        global sports community.21712172  4.  Leverage Diplomatic Channels21732174    Congress can call on the State Department and U.S. representatives2175to international sporting organizations to:21762177  a)  Build coalitions with like-minded countries seeking reform.21782179  b)  Coordinate with international bodies (such as UNESCO, which hosts2180        the anti-doping convention) to update governance standards.21812182  c)  Demand that WADA be held to international norms for transparency2183        and integrity.21842185  5.  Engage with Corporate Stakeholders21862187    Because U.S.-based corporations contribute billions of dollars to2188the IOC and, indirectly, to the global sports system, Congress can use2189its platform to engage these companies. By encouraging them to advocate2190for clean sport and institutional reform as part of their corporate2191social responsibility, Congress can add economic pressure to the demand2192for change.21932194  6.  Support Alternative Oversight Mechanisms21952196    Congress could also consider supporting or proposing the2197establishment of a new independent anti-doping oversight panel (or2198international watchdog) that audits WADA decisions and compliance. This2199would be a last-resort measure, but it would send a clear signal to2200WADA that accountability is non-negotiable.2201                            VII. Conclusion2202    The integrity of global sport hangs in the balance. The failures of2203the World Anti-Doping Agency--from its opaque handling of the Chinese2204doping scandal to its disregard for transparency, accountability, and2205good governance--have eroded the trust of athletes, nations, and the2206public. These are not abstract missteps; they are real harms inflicted2207on clean athletes who train their entire lives for a level playing2208field, only to find that politics and protectionism too often2209overshadow justice.2210    The United States has long stood as a global leader in the fight2211against doping. Our athletes, our institutions, and our taxpayers have2212invested heavily--not only financially, but morally--in upholding the2213ideals of fairness, integrity, and truth in sport. With the 2026 FIFA2214World Cup, Olympic qualifiers, 2028 Olympic and Paralympic Games on the2215horizon, and the 2034 Winter Olympic and Paralympic Games in Salt Lake2216City hosted on U.S. soil, our responsibility to lead is not just2217national--it is global.2218    Now is the time for action. WADA must undergo serious and immediate2219reform to restore its legitimacy. That means new leadership untainted2220by institutional self-interest, meaningful stakeholder representation,2221stringent conflict-of-interest policies, and independent enforcement2222mechanisms that hold every nation equally accountable. It also means2223ensuring that the United States--as a primary funder and partner--is no2224longer sidelined from executive decision-making.2225    Reform is not optional. It is essential. The credibility of WADA2226and the future of clean sport depend on our willingness--collectively2227and courageously--to demand better. We owe that to every athlete who2228competes clean, to every child who dreams of standing on a podium, and2229to every fan who believes that sport still has the power to inspire.2230    Thank you for your attention to this pressing matter. I look2231forward to your questions and to working together to restore confidence2232in the global anti-doping system.22332234    Senator Curtis. Thank you, Doctor. Miss McLaughlin, you2235have the floor for 5 minutes. Thank you for being here today.22362237          STATEMENT OF KATHRYN ``KATIE'' McLAUGHLIN,2238                     FORMER OLYMPIC SWIMMER22392240    Ms. McLaughlin. Good afternoon, Madam Chairwoman, Ranking2241Member, and members of the Committee. Thank you guys so much2242for having me.2243    My name is Katie McLaughlin. I am an Olympic silver2244medalist, and I am so honored to be here and share my story2245with such an accomplished group.2246    When preparing this, I kept telling my mom, and anyone that2247would listen to me, how unreal it felt, because I just feel2248like I am just a girl that had a big dream. And I think that is2249exactly why I do feel like I belong here. I am just a girl who2250dreamed of swimming for Team USA, and now it matters so deeply2251to me that the next version of me, and the next generation who2252has a dream of doing the same, gets to compete on a level2253playing field.2254    Like many swimmers, I grew up glued to the Olympics on TV.2255In 2008, I was 11 years old and I remember watching Natalie2256Coughlin, Michael Phelps, and all those Team USA relays, just2257dominate. And I felt this overwhelming pride to be an American.2258And I knew I would do anything to be in their shoes one day. No2259matter how much time or work or sacrifice it would take to get2260there, I was going to do it.2261    And as one could imagine, being an elite athlete or2262Olympian takes a ton of hard work and sacrifice. We show up to2263the pool 10 times a week, 11 1/2 months out of the year, and2264hope at the end of it all we are tenths or hundreds of a second2265better than we were the year prior. We spend that much time2266training, looking for an edge or just something to set2267ourselves apart. And again, as a clean athlete, that was the2268only way and the only option to lead me to achieve my dreams.2269    And it did. At 15, I made the national team for the first2270time and was entered into the anti-doping testing program,2271which meant I had to let officials know where I would be 24/7,2272every day of the year. They could show up at my house or school2273or practice anytime, anywhere, for random drug testing. And2274they did. And over the next 10 years, I was tested more times2275than I could count.2276    But I never once questioned it, because I believed that is2277what we all did. I believed in the system, I believed in fair2278play and I never even considered that anyone might not feel the2279same. To me, competing clean wasn't just a rule. It was a2280responsibility. I was representing my country, my teammates, my2281family, and when I stood on the blocks, I wanted to know that I2282earned that place honestly.2283    When my relay team swam under the world record time in2284Tokyo, we asked to be tested, even though we had not won gold.2285We wanted it documented that we were proud to race clean. That2286is how much we believed in the principle.2287    So when I learned later that some competitors may not have2288had that same lead-up, that the rules did not apply to these2289athletes, it broke my heart and my teammates' hearts. Because,2290Madam Chairwoman, clean athletes carry the weight of sacrifice2291and discipline and transparency, and when that is not honored2292it undermines the whole point of what we are fighting for.2293    What is particularly disheartening, as well, is to learn2294that the powers that be, WADA, who is supposed to be the one2295holding everyone to the same standard, is not holding everyone2296accountable. It is really hard to understand how the2297fundamentals of sport, and pride for hard work, and pride for2298representing one's country, has been tainted by these actions.2299    In 2016, I was hoping to make my first Olympic team, and 52300months before our trials, I fractured a vertebra in my neck.2301And I tried to come back in time and I didn't make the team,2302and it was devastating, but it lit a fire in me and I knew I2303would be back. And I was. In 2021, I finally made the Olympic2304team and won a silver medal in the 4x200 relay, and it was an2305absolute dream. My teammates and I left everything in the pool.2306We believed in doing it the right way and we were so proud of2307our hard work that earned that medal for the USA.2308    In 2016, that personal heartbreak was out of my control, a2309complete accident that inspired me to be back. But in 2021,2310when learning about the scandal about the Chinese swimmers, and2311how that could have been prevented had the correct rules been2312applied, that one had a different sting. And at the end of the2313day, we can only control ourselves, and that has given me peace2314as I have stepped away from the sport, knowing I gave it2315everything and that my family, coaches and supporters2316sacrificed so much to help me chase my dreams.2317    But what about the next young athlete who steps up on the2318blocks and does not have a shot at fairness? Young athletes get2319one chance to achieve their dream and they can't on an uneven2320playing field, and that is what drives me to speak up today. I2321don't want to stay quiet knowing another young girl like me is2322out there working just as hard and she might not get a fair2323shot.2324    Madam Chairwoman, we Olympians are individuals with2325individual stories, but what unites us is that we fight for2326honest, clean, and fair competition. At the end of the day, it2327is about the people, it is about the pride, sacrifice, and2328integrity. And it should never have to be a question about2329whether the playing field is level. I care about the future of2330my sport, and that everyone dreaming of being in my shoes gets2331a fair shot at achieving their dreams.2332    Thank you all for listening, and thank you for your2333leadership and help protecting the future of sports.2334    [The prepared statement of Ms. McLaughlin follows:]23352336          Prepared Statement of Kathryn ``Katie'' McLaughlin,2337                         Former Olympic Swimmer2338    Wow. I'm so honored to be here and to share my story with such an2339accomplished group.2340    When preparing this, I kept telling my mom how surreal it felt--2341because I still feel like I'm just a girl that had a big dream. But2342that's exactly why I do feel like I belong here. I am just a girl who2343dreamed of swimming for Team USA. And now, it matters deeply to me that2344the next version of me--the next generation who has a dream of doing2345the same--gets to compete on a level playing field.2346    Like many swimmers, I grew up glued to the Olympics on TV. In 2008,2347when I was 11, I watched Natalie Coughlin, Michael Phelps, and the Team2348USA relays dominate. I felt this overwhelming pride to be American, and2349I knew I would do anything to be in their shoes one day. No matter how2350much time, work, and sacrifice it would take to get there, I would do2351it.2352    And as one could imagine, being an elite athlete/Olympian takes a2353ton of hard work and sacrifice. We show up to the pool 10 times a week,235411.5 months out of the year and hope at the end of it all, we are2355tenths or hundredths of a second better than we were the year prior. We2356spend that much time training, looking for an edge and something to set2357ourselves apart. And again, as a clean athlete, that was the only way2358and the only option to lead me to achieve my dreams.2359    At 15, I made the national team for the first time--and was entered2360into the anti-doping testing program. That meant I had to let officials2361know where I would be, 24/7, every day of the year. They could show up2362at my house, school, or practice--any time--for random drug testing.2363    And they did. Over the next 10 years, I was tested more than I can2364count. I never once questioned it. Because I believed that's what we2365all did. I believed in the system. I believed in fair play. I never2366even considered that anyone might not feel the same.2367    To me, competing clean wasn't just a rule--it was a responsibility.2368I was representing my country, my teammates, my family. And when I2369stood on the blocks, I wanted to know I earned that place honestly.2370    When my relay team swam under the world record time in Tokyo, we2371asked to be tested--even though we hadn't won gold (which is standard2372practice--gold or world record = testing). We wanted it documented: we2373were proud to race clean. That's how much we believed in the principle.2374    So when I learned later that some competitors may not have had that2375same lead-up--that the rules did not apply to these athletes--it broke2376my heart.2377    Because clean athletes carry the weight of sacrifice, discipline,2378and transparency. And when that's not honored, it undermines the whole2379point of what we're fighting for.2380    What is particularly disheartening as well is to learn that the2381powers at be, WADA--who is supposed to be the ones holding everyone to2382the same standard, are not holding everyone accountable. It is really2383hard to understand how the fundamentals of sport and pride for hard2384work and pride for representing one's country has been tainted by such2385actions.2386    In 2016, I was hoping to make my first Olympic team. But five2387months before trials, I fractured a vertebra in my neck. I tried to2388come back in time, but I didn't make the team. It was devastating--but2389it lit a fire in me. I knew I'd be back. And I was. In 2021, I finally2390made the Olympic team.2391    Winning a silver medal in the 4x200 relay was an absolute dream. My2392teammates and I left everything in that pool. We believed in the work.2393We believed in doing it the right way and we were so proud to have2394earned that medal for the USA because we knew we had done everything we2395could to be at our best that day.2396    In 2016, my personal heartbreak was out of my control, a complete2397accident that inspired me to be back. But in 2021, when learning about2398the scandal with the Chinese swimmers and how that could have been2399prevented had the correct policies been applied, that one had a2400different sting.2401    At the end of the day, we can only control ourselves. That gave me2402peace as I stepped away from the sport--knowing I gave it everything,2403and that my family, coaches, and supporters sacrificed so much to help2404me chase my dreams.2405    But what about the next young athlete who steps up on the blocks2406and does not have a shot at fairness? Who gets one chance to achieve2407their dream and must do so on an uneven playing field? That's what2408drives me to speak up today.2409    I don't want to stay quiet knowing another young girl like me is2410out there, working just as hard--and she might not get a fair shot.2411    We Olympians are individuals with individual stories. But what2412unites us is that we fight for honest, clean, fair competition.2413    At the end of the day, it's about the people. It's about pride,2414sacrifice, and integrity. And it should never have to be about whether2415the playing field was level. I care about the future of my sport and2416that everyone dreaming of being in my shoes gets a fair shot at2417achieving their dreams.2418    Thank you for listening--and for helping protect the future of2419sport.24202421    Senator Blackburn [presiding]. Ms. Koller, you are2422recognized for five minutes.24232424          STATEMENT OF DIONNE KOLLER, PROFESSOR OF LAW24252426         AND DIRECTOR OF THE CENTER FOR SPORT AND LAW,24272428             UNIVERSITY OF BALTIMORE SCHOOL OF LAW24292430    Ms. Koller. Thank you. Good afternoon. My name is Dionne2431Koller, and I am a professor of law, and the Director of the2432Center for Sport and the Law at the University of Baltimore. I2433have published several articles on the United States' efforts2434to fight doping in sport, and I also co-chaired the bipartisan2435Commission on the State of U.S. Olympics and Paralympics, which2436provided its final report to Congress last year.2437    I appreciate the opportunity to testify today, and I2438commend this Committee for taking up the issue of how the2439United States should respond to WADA's continued failure to2440fully meet its mission.2441    Members of the Committee, WADA has suggested that the U.S.2442is hypocritical and behaving politically. Yet the U.S. has, for2443decades, been a leader in tackling some of the most important2444challenging issues affecting elite sport and has never shied2445away from taking action, even when the target is the United2446States. From confronting the issue of sexual abuse of athletes2447to the equal pay for Team USA Act and more, the United States2448and this Committee have repeatedly stepped up to protect2449athletes and the integrity of sport.2450    The U.S. has, for decades, also shown the same resolve2451concerning doping in sport. Countries like Russia and China2452have long used doped athletes to win in international2453competition. And the U.S. certainly has had its own issues.2454Before USADA was formed, our drug testing program was2455administered by the entities charged with selecting athletes2456for international competition. This obvious conflict of2457interest prevented the U.S. from administering a credible drug2458testing and sanctioning program.2459    In the late 1990s, however, the U.S. Government took strong2460steps to ensure that rather than ever being perceived as2461cheaters, we would be leaders in the fight against doping in2462sport. We led international efforts to establish WADA and2463implement the World Anti-Doping Code, and in 2008, we adopted2464the International Convention against Doping in Sport.2465    It is useful to review the principles underlying the2466convention, which include the belief that doping has serious2467consequences for athlete health, the principle of fair play and2468the future of sport, the obligation that the international2469community cooperate toward the elimination of doping in sport,2470that public authorities and sport organizations have2471responsibilities to prevent and combat doping in sport, and2472that these authorities and organizations must ensure the2473highest degree of independence and transparency.2474    The United States has more than lived up to these2475obligations. Congress designated USADA as the official anti-2476doping agency for the U.S. and provided the majority of USADA's2477funding. This has been taxpayer money that is well spent. In my2478role as Co-Chair of the Commission on the State of U.S.2479Olympics and Paralympics, I saw firsthand how USADA has2480performed.2481    Although our Commission was not charged by Congress to2482review USADA's operations, our research, surveys, and2483interviews repeatedly turned up evidence that USADA is a2484trusted, respected organization that is fulfilling its mission.2485USADA operates the way a national anti-doping organization2486should and, indeed, the way any domestic or international2487sporting organization should.2488    Unfortunately, I cannot today say the same about WADA. The2489way WADA handled the Russian and Chinese doping cases and2490others have made clear that it is not enough to hope that2491individual WADA leaders do the right thing. WADA's structure2492must be such that it can and will always do the right thing.2493    This is not a partisan issue. Under both the previous Trump2494and Biden administrations, we have taken steps to ensure that2495WADA fulfills its promise. Yet despite years of U.S. efforts to2496work with WADA to achieve the necessary reforms, WADA still has2497not fully implemented the changes necessary to ensure that the2498principles reflected in the Convention against doping in sport2499are consistently upheld and not disregarded when politically2500expedient.2501    This is not surprising, as WADA remains far too tethered to2502the International Olympic Committee and international sport2503powers and does not operate with the independence and an ethic2504of transparency that are necessary to meet its mission.2505Continuing to fund WADA under these circumstances risks2506endorsing the status quo, and it also sends a message to2507American athletes and the American public that clean sport and2508fair competition are no longer a priority.2509    In conclusion, in 2008, I wrote a law journal article that2510questioned whether the fight for clean sport could survive in2511long term. I stated that the fight against doping may not2512continue with as much force as in the early years of WADA if2513the international community does not follow through and, quote,2514``suspicions of athlete doping from countries such as China and2515Russia persist.''2516    Members of the Committee, we are at that point. If the2517commitment to clean, fair sport is to endure, the United States2518must take a lead role to ensure that WADA fulfills its mission.2519    Thank you for the opportunity to contribute to this2520important discussion and I welcome your questions.2521    [The prepared statement of Ms. Koller follows:]25222523  Prepared Statement of Dionne Koller, Professor of Law and Director,2524  Center for Sport and the Law, University of Baltimore School of Law2525    Chairman Blackburn, Ranking Member Hickenlooper, and Members of the2526Committee:25272528    My name is Dionne Koller, and I am a Professor of Law and the2529Director of the Center for Sport and the Law at the University of2530Baltimore. I have published several scholarly articles on the United2531States's efforts to fight doping in sport, and I currently serve on the2532United States Anti-2533    Doping Agency's (USADA) Administrative Review Panel. I also co-2534chaired the bi-partisan Commission on the State of U.S. Olympics and2535Paralympics which provided its report to Congress last year.\1\ I2536appreciate the opportunity to testify about the state of the World2537Anti-Doping Agency (WADA) and its effectiveness in policing and2538preventing cheating in international sports through prohibited athlete2539performance enhancement.2540---------------------------------------------------------------------------2541    \1\ Passing the Torch: Modernizing Olympic, Paralympic & Grassroots2542Sports in America, The Final Report of the Commission on U.S. Olympics2543and Paralympics (2024). The report was transmitted to every member of2544Congress and may also be found here: https://www.csusop.org/2545---------------------------------------------------------------------------2546    As an initial matter, I would like to commend this Committee for2547taking up the issue of how the United States should respond to WADA's2548continued failure to fully meet its mission. WADA has suggested that2549the U.S. is behaving politically and hypocritically.\2\ Yet the U.S.,2550and this Committee, has for decades been a leader in confronting some2551of the most important, difficult issues affecting elite international2552sport, and has never shied away from taking action, even when the2553target is the United States. From addressing the issue of sexual abuse2554of athletes in American Olympic and Paralympic sport to the Equal Pay2555for Team USA Act, the U.S., and this Committee, has led the effort to2556protect athletes and the integrity of sport. The U.S. has for decades2557also shown the same resolve concerning doping in sport, and the2558proposed Restoring Confidence in the World Anti-Doping Agency Act is a2559necessary step in this continuing fight.2560---------------------------------------------------------------------------2561    \2\ See, e.g., https://english.news.cn/20240626/256297b3a19c2074452db180de1c77aa6768/c.html.2563---------------------------------------------------------------------------2564    Additionally, it is important to highlight the basis for WADA2565calling the U.S. ``hypocritical'' in decrying WADA's, and nations like2566China and Russia's, failure to consistently follow the rules for clean2567international sport. WADA asserts that because U.S. professional sports2568leagues and colleges and universities, which participate in sport2569according to National Collegiate Athletic Association (NCAA) rules, are2570not subject to USADA's anti-doping controls, USADA and the U.S. are not2571doing what is necessary domestically to fight doping in sport.2572    This critique at best reflects a fundamental misunderstanding of2573the structure of U.S. sport and the many features of it that differ2574significantly from the conduct of sport throughout the world. The2575United States does not have a sports ministry or government agency that2576controls the private entities such as the National Football League or2577NCAA that oversee sport in their respective contexts. Additionally,2578millions of athletes participate in sports programs that are embedded2579in schools. For those occurring in public schools, constitutional2580issues, among others, would likely arise with the types of doping2581controls used in international sport, and such controls would also2582involve significant disruptions to the educational setting and impact2583parents' rights. For sports occurring in the professional context,2584international doping protocols would have to be reconciled with2585athletes' labor and employment rights. In short, the statement that the2586U.S. is hypocritical fails to account for the unique way in which2587American sport is legally organized and implemented.2588    It also fails to account for the fact that because of this unique2589approach to sport, the United States enacted the Ted Stevens Olympic2590and Amateur Sports Act. Under that statute's terms, any athlete--2591whether professional, intercollegiate, interscholastic, or grassroots2592youth--who also represents the U.S. in Olympic or Paralympic Movement2593competition or is affiliated with a sport national governing body--must2594comply with all anti-doping protocols administered by USADA and2595mandated by the World Anti-Doping Code (WADC). The integrity of purely2596domestic sport, some of which occurs in educational institutions, has2597always been an important law and policy issue in the United States. It2598is not subject to WADA's jurisdiction. WADA's claims about the U.S. are2599therefore an unfortunate deflection away from the real issue, which are2600the serious and continuing challenges to the integrity of international2601sport.2602    There is a long history of doping in the Olympic movement.2603Countries like the former East Germany and the Soviet Union, now2604Russia, as well as China, have for decades used doped athletes to win2605in, and disrupt, international competition. The pressure to meet this2606cheating even drove some United States athletes in the past to engage2607in doping. Since as far back as 1973, Congress has held hearings on the2608issue,\3\ and at that time, athletes made clear that they felt intense2609pressure to dope to keep up with the drug-tainted athletes from nations2610determined to subvert the integrity of international sports to win2611medals. It should never be this way.2612---------------------------------------------------------------------------2613    \3\ Dionne Koller, Sports, Doping, and the Regulatory Tipping2614Point, 26 Marq. Sports L. Rev. 181 (2015).2615---------------------------------------------------------------------------2616    The United States certainly has had its own issues in the fight2617against sports doping. Before USADA was formed, the former United2618States Olympic Committee (now the United States Olympic and Paralympic2619Committee) administered drug testing through each sport's National2620Governing Body (NGB), which was also charged with prosecuting athletes2621for doping violations under the NGB's own administrative procedures.2622This meant that the entities charged with selecting athletes for2623Olympic and international competition also administered drug testing2624and determined the sanctions, and the obvious conflict of interest2625prevented the United States from administering a credible drug testing2626and sanctioning program. Congress took notice. In the words of the late2627Senator John McCain, Olympic doping scandals ``harm our image and will2628contribute to our image, whether deserved or undeserved, that the2629United States is a bully and unethical.'' \4\ The United States2630government took steps to ensure that rather than being perceived as2631cheaters, we would be leaders in the fight against doping in sport.2632---------------------------------------------------------------------------2633    \4\ Dionne Koller, From Medals to Morality: Sportive Nationalism2634and the Problem of Doping in Sports, 19 Marq. Sports L. Rev. 91 (2008).2635---------------------------------------------------------------------------2636    In the late 1990s, General Barry McCaffrey, former head of the2637Office of National Drug Control Policy (ONDCP), made fighting drug use2638in Olympic Movement and professional sports a top priority, adopting a2639national strategy to combat drug use and doping in sports. This2640strategy included leading the international efforts to develop WADA,2641which began operations in 1999, and USADA, which began operations in26422000. The United States also was a leader in drafting the WADC,2643initially adopted in 2003.2644    Given that governments cannot be signatories to the WADC, in 20052645UNESCO adopted the International Convention Against Doping in Sport,2646which was the vehicle for governments to formally recognize WADA and2647the WADC. The United States ratified the convention in 2008, and the2648International Olympic Committee and International Paralympic Committee2649require that all nations that seek to host an Olympic or Paralympic2650Games sign on. It is useful to review the rationales for, and2651underlying beliefs cited in the Convention, which include:26522653  The belief that doping has serious consequences for athlete2654        ``health, the principle of fair play . . .and the future of2655        sport'';26562657  The obligation that the international community cooperate2658        ``towards the elimination of doping in sport'';26592660  That public authorities and sport organizations ``have. .2661        .responsibilities to prevent and combat doping in sport''; and26622663  That these authorities and organizations must ensure ``the2664        highest degree of independence and transparency.''26652666    Based on these principles, the Convention obligates state parties,2667among other things, to fight doping within their jurisdiction and2668support the mission of WADA, and makes clear that state parties have an2669obligation to ``withhold some or all financial or other sport-related2670support from any sports organization or anti-doping organization not in2671compliance with'' the WADC. The United States has lived up to these2672obligations.2673    USADA was established as a private corporation and truly2674independent entity tasked with implementing the WADC. Congress has2675designated USADA as the ``official'' anti-doping agency for the United2676States, and its mission has been to ensure that American athletes train2677and compete clean. To that end, Congress has provided the majority of2678USADA's funding. This has been taxpayer money that is well spent.2679    In my role as co-chair of the Commission on the State of U.S.2680Olympics and Paralympics, I saw first-hand how USADA has performed.2681Although our commission was not charged by Congress to review USADA's2682operations, our research, surveys, and interviews regarding the topics2683of our study repeatedly turned up evidence that USADA is a trusted,2684respected organization that is fulfilling its mission. Since its2685formation, it has not hesitated to test and sanction even America's2686most accomplished, decorated athletes. USADA operates the way a2687national anti-doping organization should, and indeed the way any2688domestic and international sporting organization should. As the2689Commission stated in its report, USADA stands as ``a beacon of2690confidence within the movement.''2691    Unfortunately, I cannot today say the same about WADA. In its early2692years, WADA appeared to have leadership that was committed to the goals2693of clean sport and enforcing the WADC no matter the political2694circumstances. However, several doping scandals in recent years prompt2695important questions about whether WADA is willing and able to meet its2696mission. In 2014, Russia orchestrated a state-run campaign of2697systematic athlete doping and cover-ups that tainted the Sochi Games.2698In 2022, Russian skater Kamila Valieva competed in the Beijing Olympics2699despite a positive doping test. And, of course, 23 Chinese swimmers2700tested positive for a banned, performance-enhancing drug in 2021 but2701were cleared to compete in subsequent Olympic Games. Only through2702courageous whistleblower reports did the international community learn2703the truth. These cases and others have made it apparent that it is not2704enough to hope that individual WADA leaders do the right thing. WADA's2705structure must be such that it can and will do the right thing. As the2706largest government contributor to WADA's budget, the United States must2707continue to demand greater accountability.2708    Seeking greater accountability from WADA and protecting clean sport2709for American athletes is not a partisan issue. Under both the previous2710Trump and Biden administrations, we have taken steps to ensure that2711WADA fulfills its promise and the U.S. remains committed to the2712international anti-doping effort. For instance, in 2019, Congress2713passed the Rodchenkov Anti-Doping Act, authorizing prosecutors to go2714after those who execute doping schemes in major international sports2715competitions. In 2020, an ONDCP report detailed the ways WADA needed to2716be reformed to be able operate with the transparency, accountability,2717and fairness the international sporting community, and sports fans,2718deserve. Most recently, the United States has withheld its contribution2719to WADA. Yet despite years of efforts to work with WADA to achieve the2720necessary reforms, WADA still has not fully implemented the changes2721necessary to ensure that the principles reflected in the International2722Convention Against Doping in Sport are consistently upheld and not2723disregarded when politically expedient.2724    This is not surprising, as WADA remains far too tethered to the2725International Olympic Committee and international sport powers and does2726not operate with the independence necessary to meet its mission. In my2727role as Commission co-chair, I saw clearly the importance of2728institutional independence. With its dedicated government funding and2729independent governance structure, USADA has fulfilled its obligations2730to international sport and the American public, and within the U.S.2731Olympic and Paralympic movement it enjoys the highest levels of trust2732and respect. In contrast, our Commission found that SafeSport, with its2733ties to the USOPC and its funding structure, is not nearly as trusted.2734Similarly, WADA's structure and susceptibility to political influence2735mean that its legitimacy is continuously subject to question, and its2736actions in recent cases have not dispelled the concern that it is2737unable to fully ensure clean sport. Since at least 2016, WADA has been2738working to strengthen its governance, with an eye toward making2739enhancements to its structure to ensure its independence. The latest2740issue with the Chinese swimmers demonstrates that this work is not2741finished, and further delays are unacceptable.2742    Given our history in WADA's founding and its status as its largest2743government funder, the United States is in a unique position to demand2744the promised reforms. Indeed, continuing to fund WADA without doing so2745risks endorsing the status quo. It also sends a message to American2746athletes and the American public that clean sport and fair competition2747are no longer a priority. This Committee should continue its leadership2748around the most pressing issues in elite international sport by seeking2749to ensure that WADA follows through on its governance reforms and2750provides the type of transparency--on the issue of the Chinese swimmers2751and other high-profile cases--that will restore the confidence of the2752international sports community and international sports fans.2753    In conclusion, in 2008 I wrote a law journal article that2754questioned whether the fight for clean sport would survive in the long2755term, stating that ``while it is hard in the current climate to imagine2756the anti-doping zeal waning . . . the international political climate2757is susceptible to change, [and] it may be that the anti-doping effort2758is not continued with as much force as it is today . . . if several2759nations which purport to adopt the World Anti-Doping Code do not follow2760through, and suspicions of athlete doping from countries such as China2761and Russia persist.'' \5\ Members of the Committee, we are at that2762point. If the commitment to clean, fair international sport is to2763endure, the United States must take a lead role, as it did in2764establishing WADA, to ensure that WADA follows through and fulfills its2765mission.2766---------------------------------------------------------------------------2767    \5\ Dionne Koller, From Medals to Morality: Sportive Nationalism2768and the Problem of Doping in Sports, 19 Marq. Sports L. Rev. 91 (2008).2769---------------------------------------------------------------------------2770    Thank you for the opportunity to contribute to this important2771discussion. I welcome your questions.27722773    Senator Blackburn. We thank all of our witnesses for their2774testimonies and each of you for your commitment to this cause.2775I do have a short video. There are other athletes in the video2776that wanted to be present with us today and are unable to do2777so. So if the clerk will play the video.2778    [Video plays.]2779    Senator Blackburn. I recognize Senator Hickenlooper for2780five minutes of questions.2781    Senator Hickenlooper. Again, thank you, Madam Chair. Thank2782you all for being here.2783    Let me start with Ms. McLaughlin again, and thank you for2784your dedication, your service to Team USA. It really is2785remarkable. You stepped inside the lines to compete for your2786country at the highest level. Given all that we have heard, can2787you see, can we rebuild the confidence in having a level2788playing field?2789    Ms. McLauglin. I think that there is definitely hope2790amongst us athletes that we can. It is super important to us2791all when we are dedicating so much of our time and our lives,2792and people in our lives are sacrificing for us as well, that2793there is potential for us, too. And I think that by doing2794things like this and putting trust in you guys and USADA and2795everything, I think we are making the right step.2796    Senator Hickenlooper. Great. Thank you. I appreciate it.2797You are a role model for so many young people. I really2798appreciate that.2799    Ms. Koller, I am going to swim off a little bit here. A2800recent House settlement ruled that NCAA Division One schools2801must pay former athletes over $2 billion in total compensation.2802Football, basketball, the money flows. Not so much with2803swimming, track and field. While the aftermath of the House2804settlement is recent, some Division One schools are considering2805cutting funding to the non, they call it the non-revenue2806sports, in the aftermath of the House settlement. What options2807do universities have, in your opinion, to, across all levels of2808the NCAA, to grow non-revenue sports?2809    Ms. Koller. Well, I think there are lots of options,2810Senator, and thank you for that question. I think the House2811settlement does not need to be the death knell for Olympic and2812Paralympic movement sports at our colleges and universities. I2813think there is much more to say about this. Every school is in2814a different position. We know that there are different levels2815of athletic programs, but I think the solutions are there. And2816I think the idea that we have to cut Olympic and Paralympic2817movement programs is wrong.2818    I think there is a lot that can be done, and I would be2819very happy to follow up with you in the questions for the2820record to provide you with a lot of specific ideas that have2821been out there.2822    Senator Hickenlooper. Great. We will pursue that.2823    And Ms. McLaughlin, again, you obviously have a vested2824interest in this and you have lived it firsthand. How important2825is it, in your opinion, to maintaining that all the Olympic2826sports and making sure that swimming and diving, how important2827is that to the future competitiveness of Team USA?2828    Ms. McLauglin. Yes, totally. I loved my time swimming in2829the NCAA. It was some of my most fond memories as an athlete,2830and I think it gives so many young swimmers and athletes2831something to dream of and look forward to. And yes, I think it2832was an amazing experience, so thank you.2833    Senator Hickenlooper. Good. I am glad to hear that.2834    Ms. Ledecky, when she spoke on Sunday, I think she2835estimated she swam 26,000 miles and looked at every mile as an2836investment in who she was to become. And I am sure that all of2837you had that same kind of commitment and that investment in2838yourselves, which is truly powerful for the next generation.2839    Mr. Tygart, thank you for your work with leading the U.S.2840Anti-Doping Agency. Is it clear that the World Anti-Doping2841Agency, that WADA, has lost the confidence of many athletes? I2842think we know what that is, but what reforms or actions do you2843think WADA needs to take to rebuild trust within sporting2844federations and athletes before the 2028 Olympics?2845    Mr. Tygart. Thank you, Senator, for the question. Listen,2846we hear from athletes every day, and you heard from the video2847not just based here in the United States, who are frustrated,2848who are upset, who realize the global regulator does not2849actually have their back, in fact. And so, I think the2850confidence has been undermined and it is coming on the heels of2851the Russia state-sponsored doping. If you see in my long2852testimony about the weightlifting, it was biathlon before that,2853it was track and field before that. Here we go again. And we2854have to get this cleaned up to be effective going forward.2855    Senator Hickenlooper. Obviously, transparency and2856accountability----2857    Mr. Tygart. I think the silver bullet on reform, to answer2858the second question is independence, and I think with2859independence, then flows transparency, accountability,2860effective use of resources, engaging in dialogue to how to2861better themselves----2862    Senator Hickenlooper. And trust.2863    Mr. Tygart.--and then, ultimately, trust, which is the most2864important aspect for a system that is supposed to give2865confidence to athletes doing it the right way is the only way2866to win.2867    Senator Hickenlooper. Right.2868    And Dr. Gupta, how do you think we can build the2869international collaborative efforts to get back to this goal of2870trust?2871    Dr. Gupta. Thank you for that question, Senator. I think it2872is going to be important that the United States works with2873other countries like-minded. We have worked within the Americas287441 nations where we were elected for the second time just this2875past April. I think we have to continue to do that with the2876European partners, allies in New Zealand, in Australia, in2877Japan, and others to make sure that, again, the transparency,2878accountability is first and foremost in order to build that2879trust into WADA.2880    Senator Hickenlooper. Great. Thank you very much. I yield2881back to the Chair.2882    Senator Blackburn. We thank you and know you have to rush2883off.2884    Senator Hickenlooper. I appreciate it.2885    Senator Blackburn. So go make that speech well.2886    Senator Hickenlooper. I will. Thank you.2887    Senator Blackburn. We are depending on him.2888    Ms. McLaughlin, I want to come to you first. Talk to me a2889minute about how it made you feel when you read The New York2890Times expose and you felt like it was confirmed to you that you2891had been beat because somebody was a cheater, and here you were2892putting your heart and soul into your training, and you get to2893that moment to get that medal and it is not there because2894somebody cheated you out of it.2895    Ms. McLauglin. Yes, thank you for your question. It was2896devastating, honestly. I remember getting the call from USADA,2897letting me know that The New York Times article was going to2898break. I was just so taken aback and heartbroken. And I think I2899spent a lot of my career trusting in the powers that be, and it2900was really sad to find out that that is not someone who could2901be trusted, meaning WADA.2902    I think a lot of my teammates and I were just pretty let2903down, and I think at the end of the day, all I can control was2904myself and my own race, and my teammates could only control2905their part of the race. So that is something to kind of hold2906onto. But I think just pretty devastating, heartbreaking all2907around. But thank you.2908    Senator Blackburn. Mr. Tygart, as we have mentioned before,2909as soon as the allegations came to light, I got a letter out to2910WADA demanding to know why they felt like they could ignore2911this doping. And their answer back to me was insufficient. And,2912of course, they blame everyone but themselves, which is not a2913surprise to us. And they even said that there was no basis to2914challenge that contamination and that the source was TMZ. And2915so, there you go. We find out, of course, that they have lied2916about this. And I know you have reviewed their response.2917    I want you to just talk for a minute about why it is2918completely implausible that the Chinese swimmers were2919unwittingly contaminated?2920    Mr. Tygart. Thank you for the question, Senator Blackburn,2921and for your efforts, including the introduction of the Restore2922Confidence in WADA Act that is before this Subcommittee.2923    Listen, I think we have attempted to get answers, just as2924you all have, to what really happened. We have seen what they2925have produced, which is very little. They appointed a very2926limited review of their own actions. And you do not have to2927take it from me. You can take it from what he determined, and2928he determined that they did not prove contamination, and that2929it was just as plausible to be intentional use.2930    You then couple that with the fact that WADA did no2931investigation, just blindly accepted the factual scenario that2932was provided by the Chinese. And, in fact, months before these2933positive tests showed up on their desk, they had interviewed a2934defector, a whistleblower from China, who had indicated to them2935that TMZ was being given in a systemic fashion to athletes, but2936yet WADA leaders never brought in their independent2937investigative unit. They have a 16-person, very experienced2938investigative unit. They were not involved at all with2939investigating the facts of this case.2940    TMZ is a prescription medication in some countries. It does2941not just show up in the kitchen. It is unbelievable to think2942that Tinkerbell showed up and sprinkled it within the kitchen.2943The Chinese did not find anyone using it. They did not find it2944in the food. And the amount of food, the amount of contaminated2945drink you would have to actually eat or consume to get these2946levels was a few micrograms. I think we did the analysis based2947on the information that is out there. It is like 11 pounds of2948food and over, I think, seven gallons of liquid in order to get2949the levels.2950    And to think that Chinese athletes at the top of their game2951are going to do that type of diet the day before an event or2952the day after one event before the next day's race is just2953absolutely ludicrous, and it is why we have asked for the2954questions, why hasn't this followed the process and the2955protocols that are in place?2956    Senator Blackburn. Let me ask you this, kind of following2957on to that. Why do you think that WADA thought they could2958intimidate the U.S. and the U.S. Olympic Committee and the Salt2959Lake City officials, and why was there a capitulation there?2960    Mr. Tygart. Listen, I think it is what happened in Paris, I2961think you are referring to. I think it is Exhibit A of the2962value and the importance of independence in anti-doping2963enforcement. You have the perception that the IOC leveraged the2964giving of the Olympic Games in exchange for us bowing down, as2965Senator Cruz mentioned, to the supreme authority of WADA. Those2966should not be co-mingled whatsoever.2967    Now, we have been assured from the United State Olympic and2968Paralympic Committee that it is meaningless, there was no quid2969pro quo in their mind, and we must give credit to the United2970States Olympic and Paralympic Committee because they did make2971the independent decision to create USADA. You have heard from2972some of the other witnesses about the effective model of2973independence.2974    They took the courage back in late 1999, early 2000, to say2975we are going to be involved to help fund, but we are not going2976to be involved from a decisionmaking standpoint. We are going2977to remove the fox from guarding the henhouse here in the United2978States. And we think, and Professor Koller testified to it, we2979think that has made all the difference in enforcement. And2980unfortunately, that is not what has happened and occurred with2981the IOC and with the World Anti-Doping Agency.2982    Senator Blackburn. All right, five minutes to the gentleman2983from Utah.29842985                STATEMENT OF HON. JOHN CURTIS,2986                     U.S. SENATOR FROM UTAH29872988    Senator Curtis. Thank you, Madam Chair, and thank you to2989our witnesses. Mr. Tygart, as you know, Utah hosted the 20022990Winter Olympics. I think by everybody's standards it was a2991tremendous success, both for the state and for the Olympics.2992Today, imagine our pride in hosting the 2034 games, and to us2993building on that legacy that we had in 2002 is just really2994important.2995    And to be honest, if you asked the average person on the2996street in Utah about WADA or USADA, they would not know what2997was going on. But they do know this. They want the Olympics in29982034 to be the cleanest Olympics in the history of Olympics.2999So, what has to happen? What does WADA--can they restore trust?3000And to restore trust, specifically, not in generalities, what3001do they need to do?3002    Mr. Tygart. Listen, I think the silver bullet to restoring3003trust is independence. They promised an independent President3004and Vice President; they broke, betrayed that promise. And that3005was part of why the U.S., back in 2020, agreed to fund WADA,3006was making it more independent. That was in the legislative3007language to the funding that U.S. taxpayers agreed to send to3008WADA, and that was supposed to go into effect, but they changed3009the rules mid-game. A bait and switch is what happened.3010    I do firmly believe if you put an independent President and3011Vice President on the Executive Committee, which then also3012means it is on the foundation board--they are the same people--3013then we can begin the process of ensuring that it is3014trustworthy, that it is transparent, has accountability, and3015change the culture so it is not a service or lapdog to sport,3016but it is actually a dedicated, faithful servant to clean3017athletes.3018    Senator Curtis. Great. Thank you. Katie, thank you for3019being here today. There are not many people that have done what3020you did, and there are not many people who could come here3021today and fill the role that you are filling. I think, in many3022ways, there are a lot of people, both in Congress and3023professionally, who are working on getting this fixed. But you3024represent the athletes, so what do we need to do so that the3025next person that stands on that pool deck feels like, ``You3026know what? This is going to be fair.''3027    Ms. McLauglin. Thank you for your question. I do not have3028the specific ground rules of a plan of what I think should be3029done, but I think just echoing what Travis has said of3030independence and finding a way to find a way for the athletes3031to be able to trust WADA is super important. And I think that3032is pretty much it.3033    Senator Curtis. Good, good. Well said.3034    Dr. Gupta, we have talked about transparency. In your legal3035opinion, in your professional opinion, how does that happen,3036and is there possible legal action under Rodchenkov Anti-Doping3037legislation, do we need to do?3038    Dr. Gupta. Thank you, Senator, and I really appreciate the3039work of this Committee, actually, on this issue. It is really3040critical.3041    I do echo my colleagues' thoughts here about the true3042independence. I also think having the independent code3043compliance audits is important. I think making sure there are3044no conflicts of interest in the leadership of WADA is3045important. I think independent athletes' representation is3046important. I think strengthening our oversight of it and having3047that representation.3048    What I have found is if we are not at the seat, we cannot3049impact change and we are about the most independent. And you3050have heard Katie talk about what U.S. athletes do, and we want3051to make sure that everybody is doing it, first of all. But more3052importantly, we want to make sure that cheaters are not part of3053that system. And then, of course, engaging our corporate3054stakeholders and leveraging much more diplomatic channels.3055    I think all of those things, we cannot give up our3056authority under the Rodchenkov Act to go after the entourage of3057bad actors. And that is where the supreme authority language3058kind of does not work for the United States, when these games3059are coming to you and U.S., and we are so proud of those as3060well. Thank you.3061    Senator Curtis. Let me ask this. Athletes are going to get3062more and more innovative at cheating. What resources do we need3063to bring to the table to deal with that?3064    Dr. Gupta. I think we do, Congress has to think about more3065resources in terms of supporting USADA's work, because I do3066think that more R&D and more work will be required in the3067future because we have a decade, a golden decade in the United3068States, where we will have so much more sports. But also3069ensuring that--you know, I withheld the funding because we were3070not getting results. So, we have to be more accountable3071ourselves, as well as expect accountability out of WADA.3072    Senator Curtis. Good. Ms. Koller, I have just a few seconds3073left. Would you like to weigh in on any of the questions that I3074asked?3075    Ms. Koller. No, Senator. I think it has been well covered.3076Thank you.3077    Senator Curtis. OK, yes, thank you. Madam Chair, I yield.3078    Senator Blackburn. Thank you. I have got a couple of more3079questions. You all have been generous with your time, and we do3080appreciate it so much, because we do want to get this3081legislation across the line, and get something on the books,3082and be able to hold WADA to account. And we know WADA and their3083allies are going to fight this. As I said earlier, they have3084refused to come to the Committee. They have refused to provide3085an explanation. I am certain part of that is they do not want3086to be under oath and have to admit what is done.3087    But Dr. Gupta, you have been somebody who made the decision3088to withhold those funds, and that was an impactful decision.3089And I want you to talk for the record, for just a minute, about3090why it is so important that Congress pass this legislation,3091give the ONDCP the permanent authority to oversee these funds,3092and then why it was important to withhold those funds?3093    Dr. Gupta. Thank you, Madam Chairwoman. Congress passed the3094authority in the first Trump administration, gave us the3095authority to withhold that. We exercised that for the right3096reasons. I think it is really important in legislation to3097ensure that ONDCP has that oversight authority to work in3098conjunction closely with USADA, as well as the U.S. Olympic and3099Paralympic Committees, to ensure that American athletes are3100getting a level playing field. And only once that is done is we3101pay our dues.3102    Of course, WADA is not in favor of conditional dues3103payment, because the argument is, well, every country will do3104that. But not every country is paying $3.6 million and that is3105matched by IOC, which is over $7 million. So, it is a large3106amount. I do think we have to have both the ability to withhold3107funds, but also appropriate representation on the governing3108bodies of WADA so we can hold folks accountable, as well as3109address the bureaucratic aspects. Sometimes, as we saw with3110this scandal, that often becomes the reason for delaying or3111deferring or deflecting, really, incompetence and malfeasance.3112    Senator Blackburn. Thank you. Mr. Tygart, I want to ask you3113about, I think it is Jannik Sinner, and that case. And of3114course that had to do with the International Tennis Integrity3115Agency, and they determined that there was a positive test for3116a banned steroid, and then they decided that Sinner bore no3117fault or negligence for the positive test. And then WADA, about3118a month later, announced that it would appeal that decision.3119And so you have got the athlete and WADA entering into a3120resolution that resulted in a three-month ban.3121    But it seems that WADA approached that very differently3122from how they approached the Chinese swimmers' case. And I do3123not know if you have insight into why you think they would have3124approached these cases so differently?3125    Mr. Tygart. It is impossible, based on what we have seen,3126to give even speculation of why they were approached so3127differently. And what was so distressing, and why you hear some3128of the world's top tennis players so outspoken about the3129unfairness now that they perceive in tennis, was because how3130WADA treated this Sinner case, where they appealed it, rattled3131the sabers, that it should be a 1- to 2-year suspension, and3132then on the eve of the hearing, cut a deal with a very rarely3133used provision, and in their explanation, attempted to say3134there were 67 other cases where they treated it similarly. We3135have gone out and tried to find those cases and they are3136nowhere to be found.3137    And so it raises once again this idea that WADA is3138unilaterally making decisions not in line with the3139transparency, the disclosure rules, which are absolutely3140mandatory.3141    And I neglected to say it earlier, but make no mistake on3142the Chinese cases. Even if there was contamination, Madam3143Chairwoman, they still had to announce those cases. They still3144had to disqualify those athletes. So, there is no justifiable3145reason, these basic rules of transparency, even if it was3146contamination, which of course we do not believe that it was,3147and Cottier decided it was not necessarily proven, they still3148had to disclose them.3149    Senator Blackburn. I want to ask you about something in3150your testimony. You said China has paid an extra $1.8 million.3151That is much more than their required dues. And they have done3152that since 2018. Correct?3153    Mr. Tygart. Yes, ma'am.3154    Senator Blackburn. And in 2022, the Chinese earmarked3155$500,000 specifically for investigations and intelligence. And3156WADA turned a blind eye to every bit of this and allowed the3157Chinese swimmers to go ahead and come in. So, do you believe3158there was a quid pro quo in this?3159    Mr. Tygart. It is impossible to answer. However, what is3160clear is the perceived, at best case for WADA, the perceived3161conflict of, on the one hand, accepting, in addition to what3162you just mentioned, they have a private sponsorship with ANTA,3163the biggest Chinese--it is the Nike of China, that also3164sponsors the Chinese swim team and the Chinese Olympic team.3165    So, they are getting extra gifts from China on the one3166hand, including the $500,000 you mentioned specifically for3167investigation effort. And then on the other hand, they do not3168apply the rules, even if you believed it was contamination to3169China, and do not even investigate the facts that came across3170their desk. So, at a minimum, the perception of that is what is3171destroying the credibility in this system.3172    Senator Blackburn. Well, indeed it has.3173    And I want to thank each of you for being here today and3174for your testimony and for your patience as we were running3175back and forth to the Capitol for votes.3176    I will remind all of our Senators on this Committee that3177they have until the close of business on June 24 to submit3178their questions for the record. And then you, as our witnesses,3179will have until July 8, to respond to each of those.3180    This concludes our hearing today. The Committee stands3181adjourned.3182    [Whereupon, at 3:44 p.m., the hearing was adjourned.]31833184                            A P P E N D I X31853186[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]31873188    Response to Written Question Submitted by Hon. Amy Klobuchar to3189                            Travis T. Tygart3190Question Topic: Independence3191    Your testimony made clear that the World Anti-Doping Agency (WADA)3192does not operate with the independence necessary to meet its mission--3193and that increased independence will help generate other needed3194reforms.31953196    Question. What can this Committee do to ensure WADA operates with3197more independence?3198    Answer. The Committee can ensure WADA implements the reforms which3199promised an independent President and Vice-President of WADA and by3200supporting an independent, external, World Anti-Doping Code compliance3201audit of WADA to evaluate WADA's compliance with their roles and3202responsibilities under the World Anti-Doping Code. In addition, the3203Committee can ensure WADA's operates with more independence by3204supporting independent athlete representation, as defined in bill3205S.233, the Restoring Confidence to WADA Act of 2025, at WADA governing3206bodies. Finally, the Committee could also condition future U.S.3207taxpayer funding to WADA on these factors being achieved at WADA.3208                                 ______32093210    Response to Written Question Submitted by Hon. Amy Klobuchar to3211                            Dr. Rahul Gupta3212Question Topic: Increasing Transparency3213    The New York Times investigative report revealed that 23 Chinese3214swimmers had tested positive for the banned substance trimetazidine3215before the 2021 Tokyo Olympics. As you described in your testimony,3216``This revelation was not disclosed by any Executive Committee meeting3217or official WADA communication but came to light through a media3218report, catching us all by surprise.''3219    Question. What specific, proactive steps can we take now,3220especially in advance of the 2028 Olympics, to ensure such a3221``surprise'' does not happen again?3222    Answer. Senator Klobuchar, thank you for this important question. I3223believe that Congress has multiple policy and strategic levers it can3224use to push for reform at WADA and enhance the agency's transparency,3225accountability, and overall effectiveness to ensure that this type of3226``surprise'' does not happen during any international sporting event on3227U.S. Soil with WADA's involvement.3228    These include:32291. Conditional Funding Legislation3230    Congress has the authority to advance legislation--such as the3231proposed ``Restoring Confidence in the World Anti-Doping Agency Act''--3232that conditions future U.S. funding for WADA on the implementation of3233key governance reforms. This strategy would allow the United States to3234assert meaningful influence and promote institutional accountability,3235while safeguarding the interests of clean athletes.3236    Potential conditions tied to funding could include:32373238  a)  Routine, independent audits of WADA's code compliance operations32393240  b)  Increased independent athlete representation on WADA's governing3241        bodies and committees32423243  c)  Mandatory conflict-of-interest disclosures and enforceable3244        recusal standards32453246  d)  Independent oversight and investigation of major doping cases32473248  e)  Transparent and publicly accessible decision-making processes32493250  f)  Robust whistleblower protections32513252  g)  A permanent halt to WADA's efforts to penalize public authorities3253        for choosing not to pay voluntary dues32542. Expand ONDCP's Oversight Authority3255    Congress can enhance the Office of National Drug Control Policy's3256(ONDCP) role by granting it formal authority to oversee U.S. engagement3257with international anti-doping organizations. This would empower ONDCP3258to:32593260  a)  Work with like-minded partners to change WADA rules that would3261        allow permanent U.S. representation on WADA's Executive3262        Committee, Foundation Board, or both, ensuring consistent3263        advocacy for American interests.32643265  b)  Partner with U.S. Anti-doping Agency (USADA) to publish3266        independent assessments of WADA's adherence to international3267        standards and governance best practices.32683. Convene Hearings and Investigations3269    Congress can continue to demonstrate that it takes the issue of3270protecting clean American athletes as well as those across the world by3271continuing to have future hearings which would further examine:32723273  a)  WADA's persistent failure to implement meaningful reforms and3274        operate as a transparent, accountable international anti-doping3275        organization32763277  b)  The influence of conflicted officials within WADA and how this3278        has contributed to an uneven playing field that disadvantages3279        American athletes32803281  c)  The ongoing exclusion of the United States from WADA's Executive3282        Committee and Foundation Board32833284  d)  The impact of undisclosed gifts, preferential treatment, or other3285        disproportionate influences exerted by national governments or3286        private entities on WADA leadership32873288  e)  The potential need for an alternative anti-doping authority if3289        WADA continues to fall short of its obligations to the global3290        sports community32914. Utilize Diplomatic Influence3292    Congress can call upon the U.S. Department of State and American3293delegates to international sports bodies to:32943295  a)  Forge alliances with reform-minded nations committed to fair play3296        and transparency32973298  b)  Collaborate with global institutions--such as UNESCO, which3299        oversees the anti-doping convention--to modernize governance3300        frameworks33013302  c)  Advocate for WADA to adhere to internationally recognized3303        standards of integrity, transparency, and accountability33045. Mobilize Corporate Influence3305    Given that American corporations contribute billions to the3306International Olympic Committee and, by extension, the global sports3307ecosystem, Congress can use its voice to engage these stakeholders.3308Encouraging them to champion clean sport and institutional reform as3309part of their corporate social responsibility initiatives would add3310meaningful economic pressure for change.33116. Explore Independent Oversight Options3312    Congress can continue its oversight and monitoring role and3313evaluate whether and when to support the creation of an independent3314international oversight body to monitor WADA's decisions and ensure3315compliance. While this would be a last-resort approach, it would3316demonstrate that accountability in global anti-doping efforts is not3317optional, and the United States Congress remains committed in standing3318up for clean athletes at international levels.3319                                 ______33203321    Response to Written Question Submitted by Hon. Amy Klobuchar to3322                           Kathryn McLaughlin3323Question Topic: Concern for Next Generation of American Swimmers3324    I appreciate your commitment to protecting the next generation of3325American swimmers and upholding the integrity of international swimming3326competitions.33273328    Question. Are you concerned that without a strong and independent3329WADA the next generation of American swimmers will feel pressure to use3330performance-enhancing drugs?3331    Answer. The landscape of USA Swimming has always been fiercely3332competitive, with athletes constantly on the rise, breaking new3333barriers, and striving to gain any possible edge. The culture places a3334strong emphasis on pride, discipline, and hard work. Which are values3335that drive American swimmers to go above and beyond in pursuit of3336excellence. While I don't believe that distrust in WADA will lead3337American athletes to use performance-enhancing drugs, I do think it can3338be discouraging. When the hope for a level playing field is lost, it3339becomes harder for athletes to stay motivated and inspired.