Title

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
Tuesday, January 29, 2019

WASHINGTONOne 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 (RI) and Roger Wicker (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 (MD) and Marco Rubio (FL) are original cosponsors of the bill in the Senate.  Original cosponsors in the House include Representatives Steve Cohen (TN-09), Richard Hudson (NC-08), Diana DeGette (CO-01), Peter King (NY-03), Alcee Hastings (FL-20), Billy Long (MO-07), Hank Johnson (GA-04), Chris Smith (NJ-04), Gwen Moore (WI-04), Bobby Rush (IL-01), 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.

Media contact: 
Name: 
Stacy Hope
Email: 
csce[dot]press[at]mail[dot]house[dot]gov
Phone: 
202.225.1901
Relevant issues: 
Relevant countries: 
Leadership: 
  • Related content
  • Related content
Filter Topics Open Close
  • OSCE Human Dimension Implementation Meeting

    The purpose of this briefing, which Helsinki Commission Chief of Staff Michael Hathaway presided over, was to provide information to the public about the U.S.’s approach to the OSCE Human Dimension Implementation Meeting, as well as to hear from two highly respected non-governmental organizations regarding issues that they believed should have been taken up in Warsaw. At the point of the briefing, already established issues at Warsaw included freedom of religion, media, association on assembly, the prevention of torture, international humanitarian law, tolerance and non-discrimination, national minorities, and the plight of the Roma. The aim in mind was to encourage improved implementation of human dimension obligations by OSCE member states. Participants in this hearing included State Department Secretary Rudolph Perina, and Holly Cartner and Adrian Karatnycky with Human Rights Watch and Freedom House, respectively.

  • The Meaning of Yeltsin's Veto of Russia's Law on Religion

    This briefing provided an analysis of the events surrounding President Yeltsin's veto of the proposed law on religious organizations in Russia which would have effectively banned the activities of certain religious minority groups including Protestants and Catholics. The bill passed emphatically in both houses of the Russian Parliament, mounting great domestic pressure on the President to approve it. Larry Uzzell of the Keston Institute credits the blocking of the bill to international pressure from both the US and the EU, which were vocal in their opposition. Congress sent several letters to Mr. Yeltsin, including one which was signed by 160 senators and members of the House of Representatives. The discussion in the question and answer period centered around more concrete measures taken by the US Congress to persuade Yeltsin to veto the bill, including economic incentives tied to foreign aid and trade.

  • Russia’s Religion Law

    This briefing addressed Congressional concerns about a draft law regarding religion that was making its way through the Duma. Given that this draft was vetoed by President Yeltsin, the Commission took special care to highlight this act standing for religious freedom and the efforts that were made to respect and adhere to the Russia’s international commitments. Larry Uzzell of the Keston Institute provided an analysis of the events surround President Yeltsin’s recent veto of the proposed law on religious organizations in Russia. The roles of domestic and international influences in this resulting veto were each evaluated. Trends of religious freedom in Russia were also examined in the context of how much progress the defeat of this law would actually make.

  • Report on Human Rights and the Process of NATO Enlargement

    The Commission held a series of three public hearings on “Human Rights and the Process of NATO Enlargement” in anticipation of the summit of Heads of State and Governments of Member States of the North Atlantic Treaty Organization to be held in Madrid, Spain, on July 8 and 9, 1997. The emergence of new democracies in Central and Eastern Europe and the demise of the Warsaw Pact created a security vacuum in the territory between the current eastern frontier of NATO and the Russian border. The first attempt to address the new security realities in the region occurred at the end of 1991 with the establishment of NATO’s North Atlantic Cooperation Council (NACC) as a forum for the evolution of a new relationship based on constructive dialogue and cooperation. In early 1994, the Partnership for Peace (PfP) was launched with the aim of providing a practical program to transform the relationship between NATO and states participating in PfP, moving beyond dialogue and cooperation to forge a genuine security partnership. (All 27 states of the Partnership for Peace (PfP) are OSCE participating States.) Simultaneously, NATO began to consider the possibility of enlarging the Alliance. The result was the 1995 Study on NATO Enlargement which addressed practical steps and requirements candidates for membership would have to satisfy. In December 1996, NATO foreign ministers called for a NATO summit at which one or more countries that wanted to join NATO would be invited to begin accession negotiations. The U.S. Congress was instrumental in stimulating the debate through several legislative initiatives. The NATO Participation Act of 1994 (PL 103-447) provided a reasonable framework for addressing concerns about NATO enlargement, consistent with U.S. interests in ensuring stability in Europe. The law lists a variety of criteria, such as respect for democratic principles and human rights enshrined in the Helsinki Final Act, against which to evaluate the suitability of prospective candidates for NATO membership. The Act stipulates that participants in the PfP should be invited to become full NATO members if they... “remain committed to protecting the rights of all their citizens....” Under section 203, a program of assistance was established to provide designated emerging democracies with the tools necessary to facilitate their transition to full NATO membership. The NATO Enlargement Facilitation Act of 1996 (PL 104-208) included an unqualified statement that the protection and promotion of fundamental freedoms and human rights are integral aspects of genuine security. The law also makes clear that the human rights records of emerging democracies in Central and Eastern Europe interested in joining NATO should be evaluated in light of the obligations and commitments of these countries under the U.N. Charter, the Universal Declaration of Human Rights, and the Helsinki Final Act.  

  • The Present Situation in Albania

    This briefing, moderated by the Honorable Eliot Engel, Co-Chairman of the Albanian Issues Caucus, examined the international response to the crisis in Albania since the collapse of the pyramid schemes in the beginning of the year, which led to protests, rebellion, and political stalemate.  The need for free and fair elections was emphasized in light of a political impasse over the holding of elections in June. Witnesses testifying at the briefing – including Julius Varallyay, Principle Country Officer for East Central Europe for the World Bank, Stefano Stefanini from the Italian Embassy, and Avni Mustafaj, former Director of Open Society Foundation for Albania – discussed the previous efforts that had been made to encourage political reforms and steps that needed to be taken in the future. The need for a comprehensive donor assistance program to complement international assistance was specifically address, as was the political reform on which this program would depend.

  • The Future of Chechnya

    Former senatosr and commissionesr chaired this hearing, which focused on the efforts of the citizens in Chechnya to free themselves from Russian power. Russia’s “transgressions” against the Chechnyan populace entailed lack of recognition of international principles. More specifically, the 1994 OSCE Budapest Document, with which the Russians agreed, stipulates that each participating state will ensure that its armed forces are commanded in a way that is consistent with the provisions of international law. Moreover, even when force cannot be avoided, each state will ensure that its use must be commensurate with the needs.  At the time of this hearing, anywhere between 30,000 and 80,000 people had been killed because of the conflict in the territory, and tens of thousands of men, women, and children had been driven from their homes. In addition, there had been a cease-fire in Chechnya. However, the dangers had not recently ended.

  • Treaty on Conventional Armed Forces in Europe (CFE)

    This briefing focused on the topics of European security and NATO enlargement, specifically in terms of the Treaty on Conventional Armed Forces in Europe. Elements of the treaty that remained especially important, including the goal of avoiding destabilizing concentrations of forces in Europe and the goal of creating greater transparency and promoting information exchange among governments in Europe, were discussed. Witnesses testifying at this briefing spoke to the need for amendments and changes to the CFE, but maintained the relevance of the treaty to international security. Different strategies for making these changes related to Russian pressure and NATO involvement were presented. 

  • Religious Freedom in Russia

    Helsinki Commission Staff Advisor John Finerty presented the question of the quality and depth of religious freedom in Russia currently, and allowed for an evaluation of the progress, or lack thereof, of religious liberty following the fall of the Soviet Union. Larry Uzzell, the Moscow representative of the Keston Institute of England, one of the oldest organizations specializing in religious life and religious freedom in Communist and former Communist countries, was asked to address the issue of religious freedom in Russia and had several key points to say on the matter. In his testimony, Mr. Uzzell emphasizes discrimination in the practice of registration in giving provincial governments the power to regulate all aspects of religious life, which is detrimental to religious liberty, and asserts that the prospects of religious freedom in Russia have suffered a setback in recent years.

  • U.S. Statements on the Human Dimension, 1996 OSCE Vienna Review Conference and Lisbon Summit

    This compendium of statements illustrates the U.S. perspective that one of the key and distinguishing features of the OSCE is the interlocking framework of critical, politically binding commitments which provide a common set of principles to which all participating States can aspire. The OSCE draws its real strength and practical flexibility from participating states' commitments to the values of the original Helsinki Act, rather than from a legalized, treaty-based institutional structure. A fundamental strength of the OSCE is the review process, which provides a regular opportunity to assess a participating states' efforts to further the realization of the Helsinki Accords within its own borders, and in its relations with other OSCE states. The OSCE is increasingly a pillar of European security. By facilitating honest implementation review the OSCE can strengthen security links based on common values.

  • Russia’s Election: What Does It Mean?

    Rep. Chris Smith (NJ-04) and others discussed the outcome and the implications of the Russian presidential election of 1996, which, at the time of the hearing, had just happened. The winner of the election was Boris Yeltsin, who was re-elected with a margin of thirteen percentage points over Communist Party Chairman and challenger Zyuganov. The hearing also incorporated discussion concerning the conflict in Chechnya and the circumstances under which the election transpired (i.e., fairness, media coverage).

  • Russian Media in Light of Upcoming Elections

    This briefing examined the Russian media in light of the upcoming elections and also with reference towards Russia's obligations to permit and protect the free media in Russia in accordance to the Helsinki Final Act. The true state of the press in Russia and whether the Yeltsin regime is complying or even trying to comply with its internationally recognized obligations were topics of discussion. Witnesses testifying at the briefing – including Elena Masyuk, Reporter for NTV and Catherine Fitzpatrick, Program Coordinator of the Committee to Protect Journalists – illuminated the issues that journalists and the media in general had encountered in recent years, including government sponsored threats and deprivation of accreditation. The Committee to Protect Journalists, in particular, voiced its concerns about the restrictive and even deadly conditions in the Russian republic of Chechnya.

  • THE CHECHEN CONFLICT AND RUSSIAN DEMOCRATIC DEVELOPMENT

    The hearing addressed the OSCE-brokered military agreement in July 1995 between Russian and Chechen representatives to end ethnic conflict among Chechens, Russians, Ingush, and other ethnic groups caught up in the terror of war. The Commissioners discussed the disappearance of people, including a prominent American humanitarian aid worker and an American freelance journalist.  The witnesses gave testimony on the visible breakdown in law and order which has forced humanitarian organizations, such as Doctors Without Borders, to withdraw to a safer location.

  • Report on the Russian Duma Elections of December 1995

    On December 17, 1995, Russia held an election to the lower chamber of Parliament (Duma). The election was Russia’s second since the breakup of the U.S.S.R., and its first since the December 1993 election that followed the October 1993 destruction of the former Parliament building. Although some analysts had warned of the possible cancellation or postponement of the election, the voting took place without incident or violence. International observers considered the election to be free and fair. According to the Central Election Commission (CEC), about 63 percent of eligible voters cast ballots. The figure was higher than had been anticipated, considering the widely-reported malaise and cynicism in Russian society. The high turnout testifies to the electorate’s continuing involvement in the political process, despite many disappointments and economic hardships, and to the desire for change. Russia’s parliamentary election was a multi-party, multi-candidate contest. Forty-three parties fielded party lists totalling 5,675 candidates. Parties needed 5 percent of the national vote to gain representation in Parliament. In the 225 district races, 2,700 candidates entered the lists, an average of 12 per district. All participating parties received an equal amount of free air time on television, and they could buy more. The big winner in the election was the Communist Party (CPRF), headed by Gennady Zyuganov. According to the official results, the CPRF won 22.3 percent of the proportional vote, plus another 58 seats in single mandate districts. The CPRF appealed to voters who had not benefited from Russia’s experiment with a market economy and were discontented about crime, corruption, and a general sense of "disorder" in post-Soviet Russian society. Zyuganov also advocated the restoration, "by voluntary means," of the Soviet Union. The strong showing by the Communist Party mirrors the electoral revival of communist forces in other former Soviet republics and in Eastern Europe, 3.5 years after Russian President Boris Yeltsin declared in the U.S. Congress that "communism is dead in Russia." Zyuganov has also become the frontrunner in the race to unseat Yeltsin in the June 1996 presidential election.

  • Summary of the OSCE Rule of Law Seminar

    From November 28 to December 1, 1995, the participating States of the Organization for Security and Cooperation in Europe (OSCE) convened a seminar on the rule of law. The meeting was organized by the Warsaw-based OSCE Office for Democratic Institutions and Human Rights (ODIHR). Thirty-eight of the 53 fully participating States attended, along with representatives from two Non-Participating Mediterranean States, six international organizations, and 25 non-governmental organizations. Over the course of two days, a number of emerging democracies described the constitutions and other legislative provisions that had been adopted in their countries to provide for the rule of law, at least on paper. Western participants, for their part, generally spoke of the specific and concrete challenges faced in their countries in actually implementing safeguards for the rule of law. In general, the participation of East-Central European and former Soviet countries—most of which attended this meeting—was more active than at the 1991 Oslo meeting, and Western participants, for their part, avoided the West-West bickering that marred the earlier seminar. At the end of the meeting, the rapporteurs produced summaries of the discussions.

  • Pre-Election Briefing on Russia

    Dorothy Taft, Chief of staff for the Commission on Security and Cooperation in Europe, on behalf of Representative Christopher H. Smith and Senator Alfonse M. D'Amato, the Chairman and Co-Chairman of the commission, presided the pre-election briefing on Russia. This briefing discussed the Duma and the Presidential elections in Russia, that would determinated the direction that the State will take as to European security and cooperation. Ms. Taft was joined by four recognized specialists in Russian affairs and electoral processes that shared with the Commission their insight on the Duma elections and beyond: Mr. Robert Dahl, an elections specialist with the International Foundation for Electoral System; Dr. Leon Aron, professor of post-Communist transition in Russia; Dr. Peter Stavrakis, Director at the Kennan Institute for Advanced Russian Studies; and Mr. Paul Goble, special advisor for Soviet Nationality Problems and Baltic Affairs at the State Department.  

  • Pre-Election Briefing on Russia

    This briefing, which then Commission Chief of Staff Dorothy Taft moderated, focused on the Russian Federation’s upcoming Duma elections in December of the same year. Among the implications of these elections was a potential change in the direction that the Russian Federation would take concerning European security and cooperation. Of course, there was also the possibility that the Duma elections would significantly impact the nature of the U.S.’s and the former U.S.S.R.’s bilateral relations. Considering what was at stake in the Duma’s impending elections, not to mention the former U.S.S.R.’s presidential elections in June of the following year, the Commission, understandably, wanted to hold this briefing in order to be acquainted with Russia’s political leaders and the political landscape upon which they operate.

  • Religious Liberty: The State Church and Minority Faiths

    Samuel G. Wise, Director for International Policy at the US Helsinki Commission, presented the second briefing in a series focusing on religious liberty in the participating states of the Organization for Security and Cooperation in Europe. This particular discussion was intended to evaluate the relationship between state churches or traditional religious and freedom of religion for minority faiths in the OSCE region through an analysis of the effects of certain historical legacies on individual states. Witnesses testifying at the briefing – including Father Kishkovsky, Ecumenical Officer of the Orthodox Church in America; Father George Papaioannou, Pastor of St. George Greek Orthodox Church; Gerard Powers, Foreign Policy Advisor for the U.S. Catholic Conference; Lauren Homer, Founder of Law and Liberty Trust; and Lee Boothby, Vice President of the Council on Religious Freedom – focused on the issue of minority and majority in society as it relates to religion and the potential for this issue to result in conflict. The historical origins of these tensions, especially in Eastern Europe, were particularly emphasized. 

  • Religious Liberty in the OSCE: Present and Future

    Speaking on behalf of Congressman Christopher H. Smith and Senator Alfonse M. D’Amato, chairman and co-chairman of the Helsinki Committee, the Committee’s Director for International Policy, Samuel G. Wise, addressed the improvements made by the countries of the OSCE in religious liberty since the demise of communism. Observed deficits in this particular subject were also evaluated, including acts of OSCE governments perpetrating religious intolerance and discrimination against people of faith by passing laws favoring certain religions, turning a blind eye to harassment, and establishing bureaucratic roadblocks to prevent religious minorities from practicing their faith. Each panelist – including Dr. Paul Marshall, Senior Fellow of Political Theory for the Institute for Christian Studies; Dr. Khalid Duran, Senior Fellow for the Institute for International Studies; and Micah Naftalin, National Director for the Union of Councils for Soviet Jews – spoke to the overall factors affecting religious freedom in the OSCE, including: respect for other freedoms such as freedom of speech and religion, ethno-cultural tensions, and the relevance of old prejudices. These ideas were presented in the context of moving towards a more comprehensive respect for religious freedom among OSCE member states in the future.

  • Trade and Investment in Central Europe and the NIS

    This briefing was the tenth in a series of briefings covering topics such as U.S. assistance to Central and East Europe and the NIS, and free trade unions. Topics of discussion included the economic aspects of efforts to develop institutional networks between the Central and Eastern European countries and the OSCE and the Western European multilateral structures and the progress that has been made by countries in developing association agreements with the European Union. Witnesses testifying at this briefing – including Harriet Craig Peterson, President of Cornerstone International Group and Thomas Price, Coordinator for OSCE Affairs for the State Department – evaluated regional issues associated with infrastructure, environment, energy, and border procedures that needed to be addressed to produce a smoother flow of goods from an economic perspective.

  • Chechnya

    This hearing focused on the subject of the crisis in Chechnya. It was the third Helsinki Commission hearing on the disastrous policy hatched in Moscow to resolve by armed force the problem of relations between the government of the Russian Federation and Chechnya.  

Pages