Mrs. Blackburn (00:00):
… betrayed its mission and allowed 23 Chinese swimmers to get away with doping. Unfortunately, almost a year after the explosive New York Times report exposing the scandal, WADA has failed to provide answers. Instead, all that they have provided are threats, stonewalling and intimidation. My message remains the same, my colleagues and I will not be threatened or silenced for promoting fair play and advocating for clean sport. Here are the facts. In 2021, credible allegations emerged that 23 Chinese swimmers tested positive for a banned substance just months before the Tokyo Olympics. What did WADA do? Instead of launching a thorough investigation, they turned a blind eye. They accepted a deeply questionable explanation and allowed these athletes to go ahead and compete. Many of them went on to win medals. This wasn't just a lapse in judgment, it was a cover-up. Just as disturbing is WADA's effort to use our own Olympic bids as leverage. In response to legitimate US senate concerns, WADA and the IOC threatened our country's bid to host the 2034 Winter Olympics in Salt Lake City.
(01:43)
And now we have reports of secretive contract arrangements and backroom deals between WADA, the IOC and parties connected to Salt Lake City's bill, all while WADA's own failures go unaddressed. This is nothing short of a scandal and it actually strikes at the heart of the Olympic spirit. Fast-forward to today and the World Anti-Doping Agency refused to appear before this committee and answer our questions. Now, WADA's refusal to engage on this issue or work in good faith with the US leads me to one question, what exactly are they hiding? Let me remind everyone, the US is WADA's largest financial contributor. American taxpayers help fund this agency, and yet WADA has treated our concerns with disdain and our athletes have been treated with disrespect. Their pattern of inconsistent enforcement doesn't stop with China. From Russia's long history of state-sponsored doping to weak penalties for other nations, WADA has sent a dangerous message. If you are an authoritarian regime with a willingness to bribe and cheat, the rules don't apply to you, and our door is open.
(03:22)
As we look forward to the 2028 summer games in LA and the '34 Winter games in Salt Lake City, the stakes could not be higher. These games must not be tainted by the same corruptions and cover-ups. American athletes who compete with integrity deserve to know that their competitors are held to the exact same high standards. We've heard from athletes who are tired, tired of watching cheaters take the podium, tired of the mental and emotional strain and tired of institutions who refuse to protect them. Their voices matter. And today we're listening. This hearing is about accountability. It is about ensuring that WADA no longer shields corrupt regimes from consequences. It is about making sure our athletes can compete fairly and safely on the world stage. WADA is not above the law, and this committee will not rest until the agency is reformed and held responsible for its failures. I now recognize the ranking member.
Mr. Hickenlooper (04:44):
Thank you Chair Blackburn for organizing today's hearing. This is our first hearing for the subcommittee on consumer protection technology and data privacy in the 119th Congress. With that in mind, I wanted to share how much I look forward to working with you, Madam Chair, on so many of the important issues our subcommittee oversees, safeguarding American sensitive data, promoting transparency and innovation in the artificial intelligence world, elevating Team USA and helping collegiate athletics earn fair compensation and protecting the Federal Trade Commission, the Consumer Product Safety Commission from overly influential efforts from the executive branch and making sure that their Senate confirmed commissioners who have been fired are either swiftly reinstated or replaced. Today we're going to discuss how to strengthen anti-doping enforcement, as you've described about the recent scandals that have brought a dark cloud over the integrity of Olympic sports. I went to my son's graduation a couple of days ago and the commencement speaker was Katie Ledecky, so I don't have to tell you what school we were at, and she gave a spectacular speech, a really impressive, impactful speech.
(06:05)
And my son later pointed out that athletes now are commonly asked to give commencement addresses because they've been under the heat lamp of media attention. They've spent a lot of time explaining themselves and describing circumstances and situations, and they do a very good job at summing things up in a way that people can understand and certainly Katie Ledecky. If we had more time, I would walk you through the first couple points she made. Maybe Ms. McLaughlin will help fill it in. Every four years the world comes together around the Olympic Games to celebrate and cheer on their players, their teams. And each year over these four-year periods, we expand the field of competitions and we attract new fans to stadiums around the world. We inspire our youth to dream big, athletes dedicate their lives, often almost always from a very early age for that sole honor of representing their country, in this case the United States where they get to wear the red, white, and blue, and they get to hear our national anthem played in medal ceremonies.
(07:22)
Among the athletes who competed on behalf of Team USA in the Olympic and Paralympic Games in Paris, 29 of them call Colorado home, which we're very proud about. With a proud home of the US Olympic and Paralympic committee that oversees Team USA and our Olympic preparations. We're home to the Olympic and Paralympic training center where we train over 15,000 athletes every year. We're home to the US Olympic Museum, which displays the original scoreboard from the Miracle on Ice. For those of you old enough to remember that, the victory over the Soviet Union. We're home to the U.S. Center for SafeSport, investigating the instances of substance abuse against athletes. We're home to many of the governing bodies, the NGBs for Olympic Sports and home to the U.S. Anti-Doping Agency, USAADA, which enforces doping rules for our athletes. To ensure fairness and transparency in Olympic competitions the World Anti-Doping Agency, WADA, as Chair Blackburn has described, they're responsible for enforcing the anti-doping regulations in international sports federations. In the months leading up to the Tokyo 2021 Summer Olympic Games that China Anti-Doping agency, CHINADA, found that 23 Chinese swimming athletes tested positive for banned substance, trimetazidine.
(08:53)
This substance increases stamina and shortens recovery time, is widely banned as a performance-enhancing drug. What actions did World Anti-Doping Agency take following the test? They refused to investigate how China's swimmers consumed the banned substance. They failed to disclose the testing results to the public until after the New York Times broke the news in spring of 2024. During the Tokyo Olympics, these same swimmers who tested positive, won several medals including three medals, and ironically defeated Katie Ledecky, one of the few times she's lost in a final. Since the fallout the world has, I think it's fair to say, lost faith in WADA. In response to the doping scandal, the United States took decisive action, withheld its $3.6 million contribution to WADA. The first time the nation's ever taken this action, withholding funds. The United States withheld funding to WADA because their past conduct now raises important questions about the future of Olympic sports.
(10:01)
In the next few years the United States is hosting the FIFA World Cup, next summer in 2026, the Summer Olympics in Los Angeles in 2028, the Winter Olympics in Salt Lake City in 2034 and countless world championships across several sports. How can athletes across Team USA and around the world have confidence that they stand on a level playing field with their competitors? The Olympic torch has burned for 129 years to represent unity, to shine a light on athletic achievement and excellence, to bring the world together during times of peace, times of tension. We should not let WADA's misconduct tarnish the next Olympic Games or rob another member of Team USA from their rightful place on a podium. Fairness and transparency is what Team USA and literally every international team deserves and what this committee continues to demand. That's why on a bipartisan basis, last year we joined Senators Cantwell, Cruz, Blackburn, and Blumenthal to send one strong message to the World Anti-Doping Agency. Essentially, we said, enough is enough. WADA must increase transparency in its investigations and regain the athletic community's trust.
(11:22)
We must shine a light on past misconduct, both in WADA and what they examine and ensure that US athletes from Katie Ledecky to Katie McLaughlin who is with us today, that they're never undercut again. I'm pleased that in addition to Ms. McLaughlin, who proudly represented Team USA in swimming, we're joined by an expert witness panel of individuals who enforce anti-doping rules in the US who have represented the US in international anti-doping deliberations and are leading voices in sport law. Just as the United States remains at the forefront of all-time Olympic medals, 2,761, although I don't need to brag too loudly about it, we also need to lead the world in transparency and accountability. Thank you all for coming here, for your testimony. Taking time out of your busy lives, it means a great deal. I yield back to the chair.
Mrs. Blackburn (12:21):
And I recognize Chairman Cruz for his opening.
Mr, Cruz (12:26):
Thank you Madam Chair and thank you for convening this hearing today. Sports are more than just a game, they're a critical part of our culture that teaches valuable life lessons such as teamwork, discipline, communication, respect, and perseverance. Sports are also a cultural unifier that brings Americans together to cheer on Team USA at the Olympics. The Olympics provide some of the most iconic moments in sports history. Who can forget the legendary 1980 Miracle on Ice when Team USA Hockey brought home the gold and triumphed over the Soviet Union? It's one reason why team USA athletes are often considered cultural heroes who inspire the next generation, but our athletes didn't just wake up one day being able to compete at an elite level. They earned it from blood, sweat, and tears literally produced from countless years of training and sacrifice to pursue their dreams of earning that coveted title, Olympian. To pursue that dream with confidence, sports requires a culture of integrity, built on fair competition and following the rules of play. When an athlete cheats it undermines the value and existence of sports.
(13:54)
Cheating can take many forms including the use of performance-enhancing drugs known as doping that give an athlete an unfair advantage over their opponents. Doping should have no place in sports, and I would say I'm glad doping is not a major problem in the United States Senate. Else we might have senators with unusually enlarged tongues and an ability to be loquacious at a level that was truly painful. But it is also why 190 countries, including the United States, support the World Anti-Doping Agency's mission to quote "lead a collaborative worldwide movement for doping free sport" which is mandatory for participation in the Olympic movement. In fact, the United States withheld $3.6 million of taxpayer funding and dues for WADA in fiscal year of 2024, the most of any other country to monitor and enforce against doping in sports, including at the Olympics. The next highest contributor is Japan, who spends 1.5 million per year, less than half of what the US pays. Sadly, confidence in WADA is at an all-time low.
(15:15)
Recent news reports reveal that WADA did not enforce the doping rules to block 23 Chinese swimmers who tested positive from performance-enhancing drugs from competing in the 2021 Tokyo Olympics. WADA's decision to not enforce these rules may very well have impacted the Olympic swimming competition results for Ms. McLaughlin, one of our witnesses today, who competed against these athletes in Tokyo. This not only harms Team USA, but it undermines the integrity of the doping-free sports mission that WADA claims to uphold. In advance of the 2024 Paris Games, Senator Cantwell and I jointly sent a letter to WADA asking for documents regarding the 2021 doping scandal. We also called for action to guarantee fair competition for Team USA at the upcoming Paris Olympics. WADA not only refused to provide answers to this inquiry and other government inquiries, but allowed the same Chinese athletes to compete again in the 2024 Paris Olympic Games without any consequence. Shortly thereafter, the International Olympic Committee announced that Salt Lake City, Utah would be the host city for the 2034 Winter Olympic Games. News reports indicated that the IOC likely in cooperation with WADA took an unprecedented move to demand that Utah officials sign a contract to recognize quote "the supreme authority of the WADA" in order to host the Olympic Games in Salt Lake City. It is shocking that WADA, whom we rely upon to ensure fair competition not only refuses to be transparent and accountable, but appears to have made unfair demands of a United States city to stymie legitimate federal investigations into its role in the swimmer doping scandal. Last year, I explicitly called for withholding US taxpayer dollars from WADA until it returns to its mission and is transparent about its handling of the swimmer doping scandal. I intend to continue this call. I look forward to hearing from our witnesses on what else we can do to ensure WADA is held accountable and that our American athletes fully protected. Thank you.
Mrs. Blackburn (17:53):
Ranking Member Cantwell, you're recognized.
Ms. Cantwell (17:55):
Thank you Chair Blackburn and thank you and Chairman Cruz for holding this important hearing. I want to thank our witnesses for being here. Congress has a critical role to play to ensure that America's athletes are provided every opportunity to succeed. This means committing to a level playing field across all aspects of sports from equal pay to anti-doping. In 2022, we passed the Equal Pay for Team USA Act that I led with Senator Capito, which codified equal pay and treatment at the highest level of competition. This means ensuring our athletes are free of abuse, mistreatment by supporting the U.S. Center for SafeSport and pushing for necessary reforms to ensure the center is living up to its potential. US athletes continue to face another hurdle with the immense amount of work that goes on into competing at an elite level, we owe it to them to ensure that it's a fair competition.
(18:52)
I too am concerned that the lack of transparency with the World Anti-Doping Agency demonstrated with the cover-up of the positive test by Chinese swimmers ahead of the Tokyo Summer Olympics in 2021 and the lack of accountability of what has taken since. We should not have to wait for an investigation reporting to uncover positive tests from elite athletes. That's what our anti-doping agencies are supposed to do. But even in the wake of the press reports, WADA has failed to be transparent. Last summer, Chairman Cruz and I wrote a letter to the anti-doping agency to understand why they did not challenge the findings from the Chinese anti-doping authority. We also want to assure that WADA takes additional measures to ensure that the Paris Olympic Games were fair and free from doping, and their response to that letter was inadequate. It is a refusal to participate in what is an important accountability. I am sure that today that we will hear from witnesses about this
Ms. Cantwell (20:00):
… this issue. I am sure Katie McLaughlin, who has competed and exceeded at the highest level of swimming, can speak to how much effort it takes to stay in compliance with anti-doping rules. I'm glad to see that we have Dionne Koller here today, whom I appointed to serve as the co-chair of the commission on the US Olympic and Paralympics, which was established by Congress in 2020. The commission, in its 2024 report, found that the United States Anti-Doping Agency is the model of success in the Olympic movement, as over three quarters of the athletes and coaches reported trusting them as an organization. This speaks to Mr. Tygart's success in leading that agency. So thank you to Professor Koller and to the entire bipartisan commission for your work on this important subject.
(20:52)
To ensure clean sports USADA receives funding from the Office of National Drug Control Policy to invest in anti-doping research. It is because of this research, that rigorous adherence to anti-doping rules that the US is the leader in anti-doping. I am concerned that the Trump administration's severe cuts to scientific research and development could hinder this impressive work done by the US in anti-doping research. I hope they'll reverse that. Cutting funding for sciences is the wrong message to the rest of the world and for us to maintain our US leadership.
(21:28)
I'm glad to see Dr. Gupta here. Thank you for being here. Who served in the Biden administration and can speak to the importance of scientific development to ensure US leadership in anti-doping.
(21:39)
We have a responsibility to ensure our athletes are able to compete in the fullest extent of their abilities at the highest level. To do that, the competition must be fair. As we approach the 2026 World Cup and the 2028 Olympics, both hosted by the United States, we must ensure that the competition will be fair and free from doping.
(22:01)
We also need to support the cities that are hosting these games, including Seattle, Kansas City, Houston, Los Angeles, and have the infrastructure in place for this experience to go well. That is why Senator Moran and I introduced legislation, the Transportation Assistance for Olympic and World Cup Cities Act, to provide the grants and other assistance to improve the regional transportation for those cities. I ask the chairman to put this on a bill at the next markup. So thank you again, Chair Blackburn, and to Ranking Member Hickenlooper for holding this important hearing.
Mrs. Blackburn (22:37):
I thank the Ranking Member. I'd like to introduce our witnesses today. Mr. Travis Tygart, our first witness, who is the CEO for the US Anti-Doping Agency, otherwise known as USADA. USADA manages the anti-doping program for all US Olympic and Paralympic Committee recognized sport, national governing bodies, their athletes and events.
(23:05)
Dr. Rahul Gupta, our second witness, is president of GATC Health. From November of '21 to '25, Dr. Gupta was the director of the White House Office of National Drug Control Policy. He helped coordinate the US anti-doping activities, including representing the US at the World Anti-Doping Agency. Ms. Katie McLaughlin, a US Olympian specializing in freestyle swimming events. She won a silver medal at the Tokyo '20 Olympic Games as a member of the US Women's 4x200 freestyle relay. Katie is also a three-time gold medalist at the World Championships, and a three-time NCAA champion.
(23:55)
Ms. Dionne Koller, our final witness, is a professor of law and director of the Center for Sport and Law at the University of Baltimore School of Law. Her academic focus is Olympics and Amateur Sports Law. Welcome to each of you. At this time, I recognize Mr. Tygart for your five-minute statement.
Mr. Tygart (24:20):
Thank you. 96! 96, that's the number of medals that were potentially impacted at the 2021 and 2024 Olympic Games. 96. This includes 18 American medals, 14 of which were potentially gold. These 96 medals were potentially impacted by China, sweeping dozens of positive tests on their elite-level swimmers under the rug, while the global regulator, the World Anti-Doping Agency, otherwise known as WADA, did nothing about it.
(24:57)
Madam Chairwoman, members of the committee, thank you for the opportunity to be here to discuss how we can protect the rights of American athletes, and fairness in all Olympic and Paralympic competition. Unfortunately, we find ourselves once again at a crossroads for the soul of sport. Fairness, integrity are yet again under attack by the failures of the global anti-doping system. The urgency to act has never been greater, given that we, right now, are in the golden age of international sport in the United States. Major events, as we've already heard, like next summer's FIFA World Cup, the 2028 Summer Olympic and Paralympic Games, the 2034 Winter Games are all coming to the United States. It is our time, and we all know that a home field advantage is important. But it does not overcome a doped field advantage, and America will be robbed again if we don't act and get WADA straight.
(25:55)
This moment isn't just about medals, it's about showcasing America's values and excellence. We're going to welcome the world and celebrate our commitment to fairness, to equal opportunity and clean competition. Athletes, like Katie you're going to hear from, and their powerful stories, are our shining light. They're our north star. This is why we are here pleading for help, to allow athletes to have a level playing field, and ensure America fulfills the promise of a fair mega-decade of sport in the United States.
(26:27)
This China scandal is happening on the heels of the Russia state-sponsored doping scheme. It is no wonder why the world's athletes are incensed once again. And Madam Chairwoman, how does WADA respond? Instead of acknowledging and fixing its failures, WADA has dug in to protect the Chinese and its backroom secret decision-making process. If WADA had any legitimate answers, they would be here. This is the third time they've been invited but declined to come to Congress.
(26:55)
So what can be done? First, WADA must disclose the entire Chinese TMZ dossier. Justice for athletes demands it. Second, the time for blind trust in WADA is over. WADA must be audited by independent experts. Finally, Madam Chairwoman, members of the committee, WADA must be independent. One of the core principles of an effective anti-doping system is it must be free from sports influence. You cannot have the fox guarding the henhouse. It is a concept that is as simple as it is effective. Unfortunately, WADA is not independent. WADA promised the US it would make their president and vice president independent. They have betrayed that promise and they did a classic bait and switch. We should continue to hold US funding until this promise has been delivered.
(27:47)
In the first Trump administration, the White House took three impactful steps: First, working in a bipartisan way with Congress, authority was granted to ONDCP to withhold US taxpayer funding unless WADA reformed and did its job. Also, the White House convened a landmark global summit on WADA and brought the world together seeking change. Lastly, President Trump signed into law a very bipartisan Rodchenkov Anti-Doping Act, that allowed the prosecution of those who prey on athletes, such as coaches, trainers, doctors, and dirty officials.
(28:20)
These actions sent a clear message: that the US will not allow American athletes to get robbed, and that US taxpayers will not continue to bankroll a broken system. We must continue to build on the momentum for change in a bipartisan way. We should work with our domestic partners, such as the United States Olympic and Paralympic Committee, domestic sponsors, including Comcast, Coca-Cola, Procter & Gamble, Visa and others. Also, a coordinated government strategy with Congress, ONDCP and the State Department, working with our government partners and allies around the world to fix WADA.
(28:54)
As the host of the upcoming games, the IOC and international sport are going to be expecting a lot from us. Congress and the White House should ensure the investment we are making into hosting these events is properly insured to protect the right of American athletes to win the right way on our home soil. We don't want to fund a fraudulent games. Let me be very clear, we need a strong WADA. We support the mission, but we need a WADA that is truly independent, a global regulator, not a lapdog to interest other than anything besides clean athletes and fairness in sport. Thank you for your attention to this important matter and we look forward to your questions, but also ways we can continue to help fix this global system. Thank you.
Mr. Curtis (29:38):
Thank you. Dr. Gupta, you're recognized for five minutes.
Dr. Gupta (29:43):
Good afternoon. Thank you. Thank you, Madam Chair, Ranking Members, and this committee. My name is Dr. Rahul Gupta, I serve as president of GATC Health Corps, a tech bio company, and formerly led the White House office of National Drug Control Policy representing the United States as well as the Americas region on WADA's executive committee.
(30:04)
I'm honored to testify here today on a matter that goes to the very heart of sport, fairness and American values, the governance of the World Anti-Doping Agency or WADA. We must never forget that behind every medal, every anthem, and every flag, there is an athlete, often a teenager or a young adult, who has dedicated their life to honest competition. They train in the dark before sunrise. They sacrifice their bodies, their free time, and sometimes futures, in pursuit of excellence, and they do it clean. Yet today, their dreams are being undermined, not by a rival but by the very institution meant to protect them.
(30:48)
WADA was created to ensure that every athlete in every country plays by the same rules, but WADA has strayed from that mission and the evidence is now undeniable. When 23 Chinese swimmers tested positive for a banned substance before the Tokyo Olympics, WADA did not open an independent investigation. It did not inform its executive committee. It quietly accepted an explanation of contamination, and let those athletes compete while clean athletes from other countries watched the podium slip away. No athlete should have to ask, "Did I lose because someone cheated and no one stopped it?" Yet, that's exactly what happened.
(31:36)
And when I, as the US representative to WADA, asked questions why we weren't told, why no sanctions, why no transparency, we were met with deflection. The so-called independent investigator offered no recommendations, no accountability, and no answers. This is not a technical lapse. It's a governance failure and it breaks faith with every clean competitor.
(32:03)
The United States, as WADAs largest public funder and founder, could not in good conscious continue business as usual. That is why we withheld our dues and demanded reforms. We need transparency in decision-making, true conflict of interest protections, independent oversight, and a permanent US seat at the table. WADA leaders responded by removing us from its executive committee, and that's not because we broke rules, but because we dared to challenge a broken system.
(32:40)
The United States was a democratically elected member representing the Americas region. That is now not how global institutions should operate. That is not leadership, that is fear of accountability. And the timing could not be more critical. As has been said here, in the next few years the world's eyes will turn to the United States for 2026 FIFA World Cup, '28 LA Olympics, and 2034 Salt Lake City Winter Games. If WADA's dysfunction goes unaddressed, we risk hosting events under a cloud of doubt and distrust.
(33:18)
This is not about vengeance, it's about vigilance. It's about restoring fairness, not just for American athletes, but for every athlete from every country who dares to play by the rules. Congress now has a once in a generation opportunity to act, by passing legislation that ties US funding to reform, by insisting that WADA includes athletes' voices and national accountability, and by making it clear that integrity is not negotiable, it is indeed the price of our support.
(33:53)
Let me be very clear. This is not about medals, it's about meaning. It's about telling every clean athlete, from the swimmer in Nebraska, to the gymnast in Georgia, to the fencer in France, that we have your back. That doping will not win. That integrity still matters. And that United States will not just play on the field, we will lead off it. Thank you and I look forward to your questions.
Mr. Curtis (34:25):
Thank you, Doctor. Miss McLaughlin, you have the floor for five minutes. Thank you for being here today.
Ms. McLauglin (34:32):
Good afternoon, Madam Chairwoman, Ranking Member, and members of the committee. Thank you guys so much for having me. My name is Katie McLaughlin. I'm a Olympic silver medalist, and I'm so honored to be here and share my story with such an accomplished group.
(34:47)
When preparing this, I kept telling my mom, and anyone that would listen to me, how unreal it felt, because I just feel like I'm just a girl that had a big dream. And I think that's exactly why I do feel like I belong here. I'm just a girl who dreamed of swimming for Team USA and now it matters so deeply to me that the next version of me, and the next generation who has a dream of doing the same, gets to compete on a level playing field.
(35:13)
Like many swimmers, I grew up glued to the Olympics on TV. In 2008, I was 11 years old and I remember watching Natalie Coughlin, Michael Phelps, and all those Team USA relays, just dominate. And I felt this overwhelming pride to be an American. And I knew I would do anything to be in their shoes one day. No matter how much time or work or sacrifice it would take to get there, I was going to do it.
(35:37)
And as one could imagine, being an elite athlete or Olympian takes a ton of hard work and sacrifice. We show up to the pool 10 times a week, 11 and a half months out of the year, and hope at the end of it all we're tenths or hundreds of a second better than we were the year prior. We spend that much time training, looking for an edge or just something to set ourselves apart. And again, as a clean athlete, that was the only way and the only option to lead me to achieve my dreams.
(36:04)
And it did. At 15, I made the national team for the first time and was entered into the anti-doping testing program, which meant I had to let officials know where I'd be 24/7 every day of the year. They could show up at my house or school or practice anytime, anywhere for random drug testing. And they did. And over the next 10 years, I was tested more times than I could count. But I never once questioned it, 'cause I believed that's what we all did. I believed in the system, I believed in fair play and I never even considered that anyone might not feel the same. To me, competing clean wasn't just a rule, it was a responsibility. I was representing my country, my teammates, my family, and when I stood on the blocks, I wanted to know that I earned that place honestly.
(36:49)
When my relay team swam under the world record time in Tokyo, we asked to be tested, even though we hadn't won gold. We wanted it documented that we were proud to race clean. That's how much we believed in the principle. So when I learned later that some competitors may not have had that same lead-up, that the rules didn't apply to these athletes, it broke my heart and my teammates' hearts. Because, Madam Chairwoman, clean athletes carry the weight of sacrifice and discipline and transparency, and when that's not honored, it undermines the whole point of what we're fighting for.
(37:21)
What's particularly disheartening as well, is to learn that the powers that be, WADA, who's supposed to be the one holding everyone to the same standard, is not holding everyone accountable. It's really hard to understand how the fundamentals of sport, and pride for hard work, and pride for representing one's country, has been tainted by these actions.
(37:40)
In 2016, I was hoping to make my first Olympic team, and five months before our trials, I fractured a vertebrae in my neck. And I tried to come back in time and I didn't make the team, and it was devastating, but it lit a fire in me and I knew I'd be back. And I was. In 2021, I finally made the Olympic team and won a silver medal in the 4x200 relay, and it was an absolute dream. My teammates and I left everything in the pool. We believed in doing it the right way and we were so proud of our hard work that earned that medal for the USA.
(38:09)
In 2016, that personal heartbreak was out of my control, a complete accident that inspired me to be back. But in 2021, when learning about the scandal about the Chinese swimmers, and how that could have been prevented had the correct rules been applied, that one had a different sting. And at the end of the day, we can only control ourselves, and that has given me peace as I've stepped away from the sport, knowing I gave it everything and that my family, coaches and supporters sacrificed so much to help me chase my dreams.
(38:37)
But what about the next young athlete who steps up on the blocks and doesn't have a shot at fairness? Young athletes get one chance to achieve their dream and they can't on an uneven playing field, and that's what drives me to speak up today. I don't want to stay quiet knowing another young girl like me is out there working just as hard and she might not get a fair shot.
(38:54)
Madam Chairwoman, we Olympians are individuals with individual stories, but what unites us is that we fight for honest, clean, and fair competition. At the end of the day, it's about the people, it's about the pride, sacrifice, and integrity. And it should never have to be a question about whether the playing field is level. I care about the future of my sport, and that everyone dreaming of being in my shoes gets a fair shot at achieving their dreams. Thank you all for listening, and thank you for your leadership and help protecting the future of sport.
Mrs. Blackburn (39:24):
Miss Koller, you're recognized for five minutes.
Ms. Koller (39:27):
Thank you. Good afternoon. My name is Dionne Koller, and I'm a professor of law, and the director of the Center for Sport and the Law at the University of Baltimore. I've published several articles on the United States' efforts to fight doping in sport. And I also co-chaired the bipartisan Commission on the State of US Olympics and Paralympics, which provided its final report to Congress last year. I appreciate the opportunity to testify today, and I commend this committee for taking up the issue of how the United States should respond to WADA's continued failure to fully meet its mission.
(39:59)
Members
Ms. Koller (40:00):
… members of the committee, WADA has suggested that the US is hypocritical and behaving politically. Yet the US has for decades been a leader in tackling some of the most important challenging issues affecting elite sport and has never shied away from taking action, even when the target is the United States. From confronting the issue of sexual abuse of athletes to the equal pay for Team USA Act and more, the United States and this committee have repeatedly stepped up to protect athletes and the integrity of sport.
(40:31)
The US has for decades also shown the same resolve concerning doping in sport. Countries like Russia and China have long used doped athletes to win in international competition. And the US certainly has had its own issues. Before USADA was formed, our drug testing program was administered by the entities charged with selecting athletes for international competition. This obvious conflict of interest prevented the US from administering a credible drug testing and sanctioning program.
(41:02)
In the late 1990s, however, the US government took strong steps to ensure that rather than ever being perceived as cheaters, we would be leaders in the fight against doping in sport. We led international efforts to establish WADA and implement the World Anti-Doping Code, and in 2008 we adopted the International Convention against Doping in Sport.
(41:26)
It is useful to review the principles underlying the convention, which include the belief that doping has serious consequences for athlete health, the principle of fair play and the future of sport, the obligation that the international community cooperate toward the elimination of doping in sport, that public authorities and sport organizations have responsibilities to prevent and combat doping in sport and that these authorities and organizations must ensure the highest degree of independence and transparency.
(41:58)
The United States has more than lived up to these obligations. Congress designated USADA as the official anti-doping agency for the US and provided the majority of USADA's funding. This has been taxpayer money that is well spent. In my role as co-chair of the commission on the state of US Olympics and Paralympics, I saw firsthand how USADA has performed.
(42:19)
Although our commission was not charged by Congress to review USADA's operations, our research, surveys and interviews repeatedly turned up evidence that USADA is a trusted, respected organization that is fulfilling its mission. USADA operates the way a national anti-doping organization should and, indeed, the way any domestic or international sporting organization should.
(42:42)
Unfortunately, I cannot today say the same about WADA. The way WADA handled the Russian and Chinese doping cases and others have made clear that it is not enough to hope that individual WADA leaders do the right thing. WADA's structure must be such that it can and will always do the right thing.
(43:00)
This is not a partisan issue. Under both the previous Trump and Biden administrations, we have taken steps to ensure that WADA fulfills its promise. Yet despite years of US efforts to work with WADA to achieve the necessary reforms, WADA still has not fully implemented the changes necessary to ensure that the principles reflected in the Convention against Doping in Sport are consistently upheld and not disregarded when politically expedient.
(43:28)
This is not surprising as WADA remains far too tethered to the International Olympic Committee and international sport powers and does not operate with the independence and an ethic of transparency that are necessary to meet its mission. Continuing to fund WADA under these circumstances risks endorsing the status quo and it also sends a message to American athletes and the American public that clean sport and fair competition are no longer a priority.
(43:54)
In conclusion, in 2008 I wrote a law journal article that questioned whether the fight for clean sport could survive in long term. I stated that the fight against doping may not continue with as much force as in the early years of WADA if the international community does not follow through and, quote, "suspicions of athlete doping from countries such as China and Russia persist."
(44:16)
Members of the committee, we are at that point. If the commitment to clean, fair sport is to endure, the United States must take a lead role to ensure that WADA fulfills its mission.
(44:27)
Thank you for the opportunity to contribute to this important discussion and I welcome your questions.
Mrs. Blackburn (44:32):
We thank all of our witnesses for their testimonies and each of you for your commitment to this cause. I do have a short video. There are other athletes in the video that wanted to be present with us today and are unable to do so. So if the clerk will play the video.
Speaker 1 (45:01):
US is now investigating Chinese swimmers who tested positive for doping after the Tokyo Olympics four years ago.
Speaker 2 (45:08):
The new doping scandal has erupted involving Olympic swimmers from China.
Speaker 1 (45:12):
A New York Times investigation found 23 Chinese swimmers tested positive for the same powerful and banned substance seven months before the Tokyo Games in 2021.
Caitlin Leverenz Smith (45:23):
And I remember right after winning my bronze medal, I was so elated and I walked into the media area to have an interview and the first thing reporters shoved a microphone in my face and asked, "Do you think the gold medalist was doping?"
Andrew Wilson (45:41):
Anti-doping is hugely important to me. I always took great pride in the fact that I competed clean and even greater pride in the fact that we as a nation compete clean.
Ryan Murphy (45:50):
There is a lot that goes into Olympic performance and the thought that some countries and some people aren't being held to the same standard as us is very frustrating.
Mack Horton (46:03):
I'm frustrated in sport when we see nations and systems that don't adhere to the rules as other nations do and that aren't enforced as other nations and other systems do.
Lilly King (46:15):
The fact that we are still having to fight for the WADA code to be applied fairly across all sports, all national governing bodies is something that is extremely frustrating to me.
Greta Neimanas (46:27):
We are entering into probably the greatest sports decade in American history coming up with LA '28 and Salt Lake City 2034.
Nic Fink (46:36):
These are really important in the sport of swimming, but also every sport that's going to be at the Olympic Games in our home country in 2028. So I think it's really important that we start now.
Andrew Wilson (46:47):
However, not all nations share our belief that honest hard work is the best path to competitive success.
Michael Phelps (46:53):
As athletes, our faith can no longer be blindly placed in the world of Anti-Doping Agency, an organization that continues to prove that it is either incapable or unwilling to enforce its policies consistently around the world.
Greta Neimanas (47:06):
But really, what those athletes need is a level and fair playing field. Sport only works when everybody follows the rules.
Ivan Puskovitch (47:15):
Whether you're an athlete coach, sports legislator, or simply a fan, it's important that we give clean sport the time and attention that it deserves.
Nic Fink (47:23):
In making sure that policies are applied across the board.
Lilly King (47:26):
This is something that is super important to us. As a home games, we want it to be as clean and as fair as possible.
Greta Neimanas (47:32):
Now Team USA needs your help in pushing this legislation through, so please support this legislation.
Ryan Murphy (47:40):
It's really important to have a governing body that is enforcing the rules to each country.
Nic Fink (47:49):
I think it's really important to make sure that there's policy in place that other athletes are competing clean as well and that the same rules are applied across the board.
Andrew Wilson (47:56):
US has the opportunity to lead the world movement for clean sport..
Ryan Murphy (48:01):
And I think we're definitely at an inflection point where we can make some positive change.
Caitlin Leverenz Smith (48:05):
To be really on it, to be really on top of encouraging WADA to apply their standards across the board.
Greta Neimanas (48:13):
Reform is desperately needed to ensure that there is a level playing field.
Ivan Puskovitch (48:18):
We as Americans need to set an example for the rest of the world that competing clean and with integrity is just as important at the end of the day as winning gold.
Mrs. Blackburn (48:25):
Our message is simple. We will not be silenced for trying to promote fair play. As the largest financial contributor, the US deserves to have complete confidence in their ability to regulate unlawful doping so that every athlete has a fair shot.
(48:53)
Senator Hickenlooper for five minutes of questions.
Mr. Hickenlooper (48:57):
Again, thank you Madam Chair. Thank you all for being here. Let me start with Ms. McLaughlin again and thank you for your dedication, your service to Team USA. It really is remarkable. You stepped inside the lines to compete for your country at the highest level. Given all that we've heard, can you see, can we rebuild the confidence in having a level playing field?
Ms. McLauglin (49:23):
I think that there's definitely hope amongst us athletes that we can. It's super important to us all when we're dedicating so much of our time and our lives and people in our lives are sacrificing for us as well, that there is potential for us too. And I think that by doing things like this and putting trust in you guys and USADA and everything, I think we're making the right step.
Mr. Hickenlooper (49:47):
Great. Thank you. I appreciate… You're a role model for so many young people. Really appreciate that.
(49:53)
Ms. Koller, I'm going to swim off a little bit here. Recent House settlement ruled that NCAA division one schools must pay former athletes over $2 billion in total compensation. Football, basketball, the money flows. Not so much with swimming, track and field. While the aftermath of the House settlement is recent, some division one schools are considering cutting funding to the non… They call the non-revenue sports in the aftermath of the House settlement. What options do universities have, in your opinion, to cross all levels of the NCAA to grow non-revenue sports?
Ms. Koller (50:32):
Well, I think there are lots of options, Senator, and thank you for that question. I think the House settlement does not need to be the death knell for Olympic and Paralympic movement sports at our colleges and universities. I think there's much more to say about this. Every school is in a different position. We know that there are different levels of athletic programs, but I think the solutions are there. And I think the idea that we have to cut Olympic and Paralympic movement programs is wrong. I think there's a lot that can be done and I'd be very happy to follow up with you in the questions for the record to provide you with a lot of specific ideas that have been out there.
Mr. Hickenlooper (51:08):
Great. We'll pursue that.
(51:09)
And Ms. McLaughlin, again, you obviously have a vested interest in this and you've lived it firsthand. How important is it, in your opinion, to maintaining all the Olympic sports and making sure that swimming and diving, how important is that to the future competitiveness of Team USA?
Ms. McLauglin (51:29):
Yeah, totally. I loved my time swimming in the NCAA. It was some of my most fond memories as an athlete and I think it gives so many young swimmers and athletes something to dream of and look forward to. And yeah, I think it was an amazing experience, so thank you.
Mr. Hickenlooper (51:47):
Good, I'm glad to hear that. Ms. Ledecky, when she spoke on Sunday, I think she estimated she swam 26,000 miles and looked at every mile as an investment in who she was to become. And I'm sure that all of you had that same kind of commitment and that investment in yourselves, which is truly powerful for the next generation.
(52:07)
Mr. Tygart, thank you for your work with leading the US Anti-Doping Agency. Is it clear that the World Anti-Doping Agency, that WADA has lost the confidence of many athletes? I think we know what that is, but what reforms or actions do you think WADA needs to take to rebuild trust within sporting federations and athletes before the 2028 Olympics?
Mr. Tygart (52:34):
Thank you, Senator, for the question. Listen, we hear from athletes every day and you heard from the video not just based here in the United States who are frustrated, who are upset, who realize the global regulator doesn't actually have their back, in fact. And so, I think the confidence has been undermined and it's coming on the heels of the Russia state-sponsored doping. If you see in my long testimony about the weightlifting, it was biathlon before that, it was track and field before that. Here we go again. And we have to get this cleaned up to be effective going forward.
Mr. Hickenlooper (53:10):
Obviously, transparency and accountability-
Mr. Tygart (53:12):
I think the silver bullet on reform, to answer the second question is independence, and I think with independence, then flows transparency, accountability, effective use of resources, engaging in dialogue to how to better themselves-
Mr. Hickenlooper (53:26):
And trust.
Mr. Tygart (53:26):
And then, ultimately, trust, which is the most important aspect for a system that is supposed to give confidence to athletes doing it the right way is the only way to win.
Mr. Hickenlooper (53:35):
Right.
(53:36)
And Dr. Gupta, how do you think we can build the international collaborative efforts to get back to this goal of trust?
Dr. Gupta (53:46):
Thank you for that question, Senator. I think it's going to be important that the United States works with other countries like-minded. We have worked within the Americas 41 nations where we were elected for the second time just this past April. I think we have to continue to do that with the European partners, allies in New Zealand, in Australia, in Japan and others to make sure that, again, the transparency, accountability is first foremost in order to build that trust into WADA.
Mr. Hickenlooper (54:12):
Great. Thank you very much. I yield back to the chair.
Mrs. Blackburn (54:15):
We thank you and know you have to rush off.
Mr. Hickenlooper (54:18):
I appreciate it.
Mrs. Blackburn (54:18):
So go make that speech well.
Mr. Hickenlooper (54:20):
I will. Thank you.
Mrs. Blackburn (54:21):
We're depending on him.
(54:23)
Ms. McLaughlin, I want to come to you first. Talk to me a minute about how it made you feel when you read The New York Times and you felt like it was confirmed to you that you had been beat because somebody was a cheater and here you were putting your heart and soul into your training and you get to that moment to get that medal and it's not there because somebody cheated you out of it.
Ms. McLauglin (54:58):
Yeah, thank you for your question. It was devastating, honestly. I remember getting the call from USADA, letting me know that The New York Times article was going to break. I was just so taken aback and heartbroken and I think I spent a lot of my career trusting in the powers that be. And it was really sad to find out that that's not someone who could be trusted, meaning WADA.
(55:27)
I think a lot of my teammates and I were just pretty let down and I think at the end of the day, all I can control was myself and my own race and my teammates could only control their part of the race. So that's something to kind of hold onto, but I think just pretty devastating, heartbreaking all around. But thank you.
Mrs. Blackburn (55:49):
Mr. Tygart, as we've mentioned before, as soon as the allegations came to light, I got a letter out to WADA demanding to know why they felt like they could ignore this doping. And their answer back to me was insufficient. And, of course, they blame everyone but themselves, which is not a surprise to us. And they even said that there was no basis to challenge that contamination and that the source was TMZ. And so, there you go. We find out, of course, that they have lied about this. And I know you've reviewed their response. I want you to just talk for a minute about why it is completely implausible that the Chinese swimmers were unwittingly contaminated.
Mr. Tygart (56:50):
Thank you for the question, Senator Blackburn, and for your efforts, including the introduction of the Restore Confidence WADA Act that's before this subcommittee.
(56:59)
Listen, I think we have attempted to get answers, just as you all have to what really happened. We have seen what they've produced, which is very little. They appointed a very limited review of their own actions. And you don't have to take it from me. You can take it from what he determined. And he determined that they did not prove contamination and that it was just as plausible to be intentional use.
(57:25)
You then couple that with the fact that WADA did no investigation, just blindly accepted the factual scenario that was provided by the Chinese. And, in fact, months before these positive tests showed up on their desk, they had interviewed a defector, a whistleblower from, excuse me, China, who had indicated to them that TMZ was being given in a systemic fashion to athletes, but yet WADA leaders never brought in their independent investigative unit. They have a 16 person, very experienced investigative unit. They were not involved at all with investigating the facts of this case.
(58:00)
TMZ is a prescription medication in some countries. It does not just show up in the kitchen. It's unbelievable to think that Tinkerbell showed up and sprinkled it within the kitchen. The Chinese didn't find anyone using it. They didn't find it in the food. And the amount of food, the amount of contaminated drink you would have to actually eat or consume to get these levels was a few micrograms. I think we did the analysis based on the information that's out there. It's like 11 pounds of food and over, I think seven gallons of liquid in order to get the levels. And to think that Chinese athletes at the top of their game are going to do that type of diet the day before an event or the day after one event before the next day's race is just absolutely ludicrous and it's why we've asked for the questions, why hasn't this followed the process and the protocols that are in place?
Mrs. Blackburn (58:55):
Let me ask you this, kind of following on to that, why do you think that WADA thought they could intimidate the US and the US Olympic Committee and the Salt Lake City officials and why was there a capitulation there?
Mr. Tygart (59:15):
Listen, I think it's what happened in Paris, I think you're referring to, I think it's exhibit A of the value and the importance of independence in anti-doping enforcement. You have the perception that the IOC leveraged the giving of the Olympic Games in exchange for us bowing down, as Senator Cruz mentioned to the Supreme authority of WADA. Those shouldn't be co-mingled whatsoever.
(59:45)
Now, we've been assured from the United State Olympic and Paralympic committee that it's meaningless, there was no quid pro quo in their mind, and we must give credit to the United States Olympic and Paralympic committee because they did make the independent decision to
Mr. Tygart (01:00:00):
… create USADA. You've heard from some of the other witnesses about the effective model of independence. They took the courage back in late 1999, early 2000 to say we're going to be involved to help fund, but we're not going to be involved from a decision-making standpoint. We're going to remove the fox from guarding the henhouse here in the United States. And we think, and Professor Koller testified to it, we think that's made all the difference in enforcement. And unfortunately, that's not what has happened and occurred with the IOC and with the World Anti-Doping Agency.
Mrs. Blackburn (01:00:34):
All right, five minutes to the gentleman from Utah.
John Curtis (01:00:38):
… and for the Olympics. Today, imagine our pride in hosting the 2034 games, and to us building on that legacy that we had in 2002 is just really important. And to be honest, if you asked the average person on the street in Utah about WADA or USADA, they wouldn't know what was going on. But they do know this. They want the Olympics in 2034 to be the cleanest Olympics in the history of Olympics. So, what has to happen? What does WADA… Can they restore trust? And to restore trust, specifically, not in generalities, what do they need to do?
Mr. Tygart (01:01:19):
Listen, I think the silver bullet to restoring trust is independence. They promised an independent president and vice president; they broke, betrayed that promise. And that was part of why the U.S., back in 2020, agreed to fund WADA, was making it more independent. That was in the legislative language to the funding that U.S. taxpayers agreed to send to WADA, and that was supposed to go into effect, but they changed the rules mid-game, a bait and switch is what happened. I do firmly believe if you put an independent president and vice president on the Executive Committee, which then also means it's on the Foundation Board, they're the same people, then we can begin the process of ensuring that it's trustworthy, that it's transparent, has accountability, and change the culture so it's not a service or lapdog to sport, but it's actually a dedicated, faithful servant to clean athletes.
John Curtis (01:02:14):
Great. Thank you. Katie, thank you for being here today. There are not many people that have done what you did, and there are not many people who could come here today and fill the role that you're filling. I think, in many ways, there are a lot of people, both in Congress and professionally, who are working on getting this fixed. But you represent the athletes, so what do we need to do so that the next person that stands on that pool deck feels like, "You know what? This is going to be fair."
Ms. McLauglin (01:02:46):
Thank you for your question. I don't have the specific ground rules of a plan of what I think should be done, but I think just echoing what Travis has said of independence and finding a way to find a way for the athletes to be able to trust WADA is super important. And I think that's pretty much it.
John Curtis (01:03:10):
Good, good. Well said. Dr. Gupta, we've talked about transparency. In your legal opinion, in your professional opinion, how does that happen, and is there possible legal action under Rodchenkov Anti-Doping legislation? Do we need to do?
Dr. Gupta (01:03:34):
Thank you, Senator, and really appreciate the work of this committee, actually, on this issue. It's really critical. I do echo my colleagues' thoughts here about the true independence. I also think having the independent code compliance audits is important. I think make sure there's no conflicts of interest in the leadership of WADA is important. I think independent athletes' representation is important. I think strengthening our oversight of it and having that representation. What I've found is if we're not at the seat, we can't impact change and we're about the most independent… And you've heard Katie talk about what U.S. athletes do, and we want to make sure that everybody's doing it first of all. But more importantly, we want to make sure that cheaters are not part of that system.
(01:04:23)
And then, of course, engaging our corporate stakeholders and leveraging much more diplomatic channels. I think all of those things, we cannot give up our authority under the Rodchenkov Act to go after the entourage of bad actors. And that's where the supreme authority language kind of doesn't work for the United States, when these games are coming to you and U.S., and we are so proud of those as well. Thank you.
John Curtis (01:04:48):
Let me ask this. Athletes are going to get more and more innovative at cheating. What resources do we need to bring to the table to deal with that?
Dr. Gupta (01:04:58):
I think we do, Congress has to think about more resources in terms of supporting USADA's work, because I do think that more R&D and more work will be required in the future because we have a decade, a golden decade in the United States, where we'll have so much more sports. But also ensuring that… I withheld the funding because we weren't getting results. So, we have to be more accountable ourselves, as well as expect accountability out of WADA.
John Curtis (01:05:26):
Good. Ms. Koller, I have just a few seconds left. Would you like to weigh in on any of the questions that I asked?
Professor Dionne Koller (01:05:34):
No, Senator, I think it's been well covered, thank you.
John Curtis (01:05:36):
Okay, yeah, thank you. Madam Chair, I yield.
Mrs. Blackburn (01:05:39):
Thank you. I've got a couple of more questions. You all have been generous with your time, and we do appreciate it so much, because we do want to get this legislation across the line, and get something on the books, and be able to hold WADA to account. And we know WADA and their allies are going to fight this. As I said earlier, they've refused to come to the committee, they have refused to provide an explanation. I'm certain part of that is they don't want to be under oath and have to admit what is done. But Dr. Gupta, you've been somebody who made the decision to withhold those funds, and that was an impactful decision. And I want you to talk for the record, for just a minute, about why it is so important that Congress pass this legislation, give the ONDCP the permanent authority to oversee these funds, and then why it was important to withhold those funds.
Dr. Gupta (01:06:54):
Thank you, Madam Chairwoman. Congress passed the authority in the first Trump administration, gave us the authority to withhold that. We exercised that for the right reasons. I think it's really important in legislation to ensure that ONDCP has that oversight authority to work in conjunction closely with USADA, as well as the U.S. Olympic & Paralympic Committees, to ensure that American athletes are getting a level playing field. And only once that is done is we pay our dues. Of course, WADA isn't in favor of conditional dues payment, because the argument is, well, every country will do that. But not every country is paying $3.6 million and that's matched by IOC, which is over $7 million. So, it's a large amount. I do think we have to have both the ability to withhold funds, but also appropriate representation on the governing bodies of WADA so we can hold folks accountable, as well as address the bureaucratic aspects. Sometimes, as we saw with this scandal, that often becomes the reason for delaying or deferring or deflecting, really, incompetence and malfeasance.
Mrs. Blackburn (01:08:05):
Thank you. Mr. Tygart, I want to ask you about, I think it's Jannik Sinner? And that case. And of course that had to do with the International Tennis Integrity Agency, and they determined that there was a positive test for a banned steroid, and then they decided that Sinner bore no fault or negligence for the positive test. And then WADA, about a month later, announced that it would appeal that decision. And so you've got the athlete and WADA entering into a resolution that resulted in a three-month ban. But it seems that WADA approached that very differently from how they approached the Chinese swimmers' case. And I don't know if you have insight into why you think they would've approached these cases so differently?
Mr. Tygart (01:09:19):
It's impossible, based on what we've seen, to give even speculation of why they were approached so differently. And what was so distressing, and why you hear some of the world's top tennis players so outspoken about the unfairness now that they perceive in tennis, was because how WADA treated this Sinner case, where they appealed it, rattled the sabers, that it should be a one to two year suspension. And then on the eve of the hearing, cut a deal with a very rarely used provision. And in their explanation, attempted to say there were 67 other cases where they treated it similarly. We've went out and tried to find those cases and they're nowhere to be found. And so it raises once again this idea that WADA is unilaterally making decisions not in line with the transparency, the disclosure rules, which are absolutely mandatory.
(01:10:13)
And I neglected to say it earlier, but make no mistake on the Chinese cases. Even if there was contamination, Madam Chairwoman, they still had to announce those cases. They still had to disqualify those athletes. So, there is no justifiable reason, these basic rules of transparency, even if it was contamination, which of course we don't believe that it was, and Cottier decided it wasn't necessarily proven, they still had to disclose them.
Mrs. Blackburn (01:10:44):
I want to ask you about something in your testimony. You said China's paid an extra $1.8 million. That's much more than their required dues, and they've done that since 2018, correct?
Mr. Tygart (01:11:00):
Yes, ma'am.
Mrs. Blackburn (01:11:01):
And in '22, the Chinese earmarked $500,000 specifically for investigations and intelligence. And WADA turned a blind eye to every bit of this and allowed the Chinese swimmers to go ahead and come in. So, do you believe there was a quid pro quo in this?
Mr. Tygart (01:11:27):
It's impossible to answer. However, what is clear is the perceived at best case for WADA, the perceived conflict of, on the one hand, accepting, in addition to what you just mentioned, they have a private sponsorship with Anta, the biggest Chinese… It's the Nike of China that also sponsors the Chinese swim team and the Chinese Olympic team. So, they're getting extra gifts from China on the one hand, including the $500,000 you mentioned specifically for investigation effort. And then on the other hand, they don't apply the rules even if you believed it was contamination to China, and don't even investigate the facts that came across their desk. So, at a minimum, the perception of that is what's destroying the credibility in this system.
Mrs. Blackburn (01:12:15):
Well, indeed it has. And I want to thank each of you for being here today and for your testimony and for your patience as we were running back and forth to the Capitol for votes. I will remind all of our senators on this committee that they have until the close of business on June 24th to submit their questions for the record. And then you, as our witnesses, will have until July 8th to respond to each of those. This concludes our hearing today. The committee stands adjourned.
