29th January 2019

Whitehouse, Wicker, Jackson Lee, Burgess introduce Rodchenkov Act

• Following slap on the wrist from WADA for massive Russian doping operation, members of Congress hit back with bill to criminalize international doping fraud

One week after the World Anti-Doping Agency (WADA) failed to suspend the Russian Anti-Doping Agency (RUSADA) for missing a crucial December 31, 2018, deadline, Senators Sheldon Whitehouse (D-RI) and Roger Wicker (R-MS) and Representatives Sheila Jackson Lee (TX-18) and Michael Burgess (TX-26) today introduced in the Senate and the House the Rodchenkov Anti-Doping Act.  The legislation, originally introduced in the 115th Congress, would criminalize international doping fraud conspiracies.

“We know from experience that we must meet the bad behavior of Russia’s corrupt government with strength.  Anything less they take as encouragement,” said Senator Whitehouse.  “That’s why the responses of WADA and the International Olympic Committee to the Russian doping scandal fall woefully short.  Now is the time to create stiff penalties for Russia’s cheating and send a signal that Russia and other sponsors of state-directed fraud can’t use corruption as a tool of foreign policy.”

“Without Dr. Rodchenkov’s courage, we would still be in the dark about the extent of Russia’s doping fraud.  He is now in hiding, fearing that Russian thugs may one day come for him as they did Sergei Skripal in London.  Whistleblowers should not be forced to live this way.  Dr. Rodchenkov and those other brave individuals who reveal the crimes of authoritarian regimes deserve better,” said Senator Wicker.

“Russia’s full-throated defiance of international norms and standards undermines the rule of law and demands the strongest of responses.  The Putin regime uses strategic corruption to destabilize peaceful civil society, democratic institutions, and the alliances that have been the foundation of transatlantic peace and prosperity for the past 70-plus years.  This long overdue bill would define doping for what it is: fraud.  Never again should Russia or any other authoritarian state believe that there will be no legal consequences for committing doping fraud conspiracies,” said Representative Jackson Lee.

“WADA’s most recent decision to give Russia a free pass clearly conveys that leaders of international sport governance refuse to uphold the integrity of sport.  The current framework has proven ineffective and fundamentally unfit to defend clean athletes and prevent doping fraud.  Russia’s state-sponsored doping scandal not only caused damages to clean international athletes, but also resulted in harm to its own athletes.  It is time to restore a level playing field by ensuring that the rights of U.S. and all clean athletes are respected.  RADA will keep fraud away from competitions that touch the U.S. market and interests, and protect our athletes,” said Representative Burgess.

The Rodchenkov Anti-Doping Act will:

  • Establish criminal penalties for participating in a scheme in commerce to influence a major international sport competition through prohibited substances or methods.  This section applies to all major international sport competitions in which U.S. athletes participate, and where organizing entities receive sponsorship from companies doing business in the United States or are compensated for the right to broadcast their competition there, so that international fraud against Americans will not go unpunished. Penalties will include fines of up to $1,000,000, or imprisonment of up to ten years, depending on the offense.
  • Provide restitution to victims of such conspiracies.  Athletes and other persons who are victims of major international doping fraud conspiracies shall be entitled to mandatory restitution for losses inflicted upon them by fraudsters and conspirators.
  • Protect whistleblowers from retaliation.  By criminalizing participation in a major international doping fraud conspiracy, whistleblowers will be included under existing witness and informant protection laws.
  • Establish coordination and sharing of information with the United States Anti-Doping Agency.  Federal agencies involved in the fight against doping shall coordinate and share information with USADA, whose mission is to preserve the integrity of competition, inspire true sport, and protect the rights of athletes, to enhance their collective efforts to curb doping fraud.

Senators Ben Cardin (D-MD) and Marco Rubio (R-FL) are original cosponsors of the bill in the Senate.  Original cosponsors in the House include Representatives Steve Cohen (TN-9), Richard Hudson (NC-8), Diana DeGette (CO-1), Peter King (NY-3), Alcee Hastings (FL-20), Billy Long (MO-7), Hank Johnson (GA-4), Chris Smith (NJ-4), Gwen Moore (WI-4), Bobby Rush (IL-1), and Paul Tonko (NY-20).

In 2016, Dr. Rodchenkov exposed the Russian state-sponsored doping scandal that took place during the 2014 Sochi Olympics.  By deceiving international anti-doping authorities and swapping athletes’ samples, Russian officials cheated U.S. athletes out of Olympic glory and U.S. corporations out of honest sponsorships.  These corrupt officials used bribes and illicit payments, sometimes through U.S. financial institutions, to commit this fraud.  Unfortunately, the masterminds behind the Russian sports doping operation escaped punishment for their actions because there was no U.S. legal mechanism to bring them to justice.

In February 2018, the Helsinki Commission held a briefing featuring Dr. Rodchenkov’s attorney, Jim Walden, on combating fraud in sports and the role of whistleblowers in safeguarding the integrity of international competitions.  In March, Commissioners Senators Cardin and Cory Gardner (R-CO) and Representative Jackson Lee met with Dr. Rodchenkov to discuss the threat posed by Russia to the United States, corruption in international sports bodies, and how the United States can contribute to the international effort to counter doping fraud.  In July, the Helsinki Commission held a hearing that explored the interplay between doping fraud and globalized corruption and U.S. policy responses, including the Rodchenkov Anti-Doping Act.

In October 2018, the U.S. Department of Justice indicted seven individuals for involvement in a Russian-operated military intelligence program in which GRU officers are alleged to have conducted sophisticated hacking of U.S. and international anti-doping agencies who investigated and publicly condemned Russia’s state-sponsored doping program.  The hacking victims also included 230 athletes from approximately 30 countries.  The operation was part of a disinformation campaign in which victims’ personal email communications and individual medical and drug testing information, sometimes modified from its original form, was used to actively promote media coverage to further a narrative favorable to the Russian government.

• This media release was published on Sheldon Whitehouse’s internet site on 29 January. Click here for the original.

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