In Support of H.R. 6067 Rodchenkov Anti-Doping Act (RADA Act)

In Support of H.R. 6067 Rodchenkov Anti-Doping Act (RADA Act)

Hon.
Sheila Jackson Lee
Washington, DC
United States
House of Representatives
115th Congress
Second Session
Congressional Record, Vol. 164
No. 97
Tuesday, June 12, 2018

Mr. Speaker, earlier today I introduced H.R. 6067, the Rodchenkov Anti-Doping Act (‘‘RADA’’) because in the realm of international sports, it has become almost commonplace for too many athletes to yield to the temptation of bridging the gap between their own skill and the pinnacle of athletic achievement by resorting to performance enhancing drugs.

And to conceal this fall from grace, cheaters are employing increasingly sophisticated modes of masking the use of any proscribed drugs.

This practice, some of it state-sanctioned, undermines international athletic competition and is often connected to more nefarious actions by state actors.

This is why it is necessary for Congress to enact H.R. 6067, the bipartisan Rodchenkov Anti-Doping Act (‘‘RADA’’ Act)

The legislation I have introduced is bipartisan, and bears the name of courageous whistleblower Dr. Grigory Rodchenkov, a valiant man who revealed the true extent of the complex state-run doping scheme which permitted Russia to excel in the 2014 Sochi Winter Olympics, and which resulted in its ban from the 2018 Olympic Games.

While he was complicit in Russia’s state-run doping program, Dr. Rodchenkov regrets his role and seeks to atone for it by aiding the effort to clean up international sports and to curb the rampant corruption within Russia.

The RADA Act is a serious step towards cracking down on the use of performance-enhancing drugs in major international competition because it establishes criminal penalties and civil remedies for doping fraud.

A number of other nations, including Germany, Austria, Belgium, Denmark, France, Italy, Sweden, Switzerland, and Spain, have embraced criminal sanctions for doping fraud violations and it is time for the United States to be added to this list.

Doping fraud in major international competitions—like the Olympics, the World Cup and the Tour de France—is often linked with corruption, bribery and money laundering.

It is not just victory that criminals engaged in doping fraud snatch away from clean athletes—athletes depend on prize money and sponsorships to sustain their livelihoods.

The United States has a large role to play in ferreting out corruption in international sports.

Not only do U.S. athletes lose out on millions in sponsorships, but when a U.S. company spends millions to create a marketing campaign around an athlete, only to have that athlete later implicated in a doping fraud scandal, the damage to that company’s brand can cost tens of millions.

This has been the story of Alysia Montaño, a U.S. runner who competed in the 2012 Summer Olympics games in London and placed fifth place in the 800 meters behind two Russian women finishing first and third.

These women were later found to have engaged in doping fraud by the World Anti-Doping Agency, meaning that Ms. Montaño had rightfully finished third, which would have earned her a bronze medal.

Ms. Montaño estimates that doping fraud cost her ‘maybe half a million dollars, if you look at rollovers and bonuses, and that’s without outside sponsorship maybe coming in.’

She adds, ‘That’s not why you’re doing it, but you still deserve it.’ She certainly does. Until now, defrauded U.S. athletes and companies have had little recourse against doping fraud.

A recent article published by The New York Times titled ‘‘U.S. Lawmakers Seek to Criminalize Doping in Global Competitions’’ references the RADA as a step in the right direction toward criminalizing doping in international sports.

The RADA is an important step to stemming the tide of Russian corruption in sport and restoring confidence in international competition.

Mr. Speaker, I include in the RECORD the New York Times article published June 12, 2018 entitled ‘‘U.S. Lawmakers Seek To Criminalize Doping in Global Competitions’’, which cites RADA as a step in the right direction toward criminalizing doping in international sports.

[From the New York Times, June 12, 2018]

U.S. LAWMAKERS SEEK TO CRIMINALIZE DOPING IN GLOBAL COMPETITIONS (By Rebecca R. Ruiz)

United States lawmakers on Tuesday took a step toward criminalizing doping in international sports, introducing a bill in the House that would attach prison time to the use, manufacturing or distribution of performance-enhancing drugs in global competitions.

The legislation, inspired by the Russian doping scandal, would echo the Foreign Corrupt Practices Act, which makes it illegal to bribe foreign officials to gain a business advantage. The statute would be the first of its kind with global reach, empowering American prosecutors to act on doping violations abroad, and to file fraud charges of a different variety than those the Justice Department brought against top international soccer officials in 2015.

Although American leagues like Major League Baseball would not be affected by the legislation, which would apply only to competitions among countries, it could apply to a league’s athletes when participating in global events like the Ryder Cup, the Davis Cup or the World Baseball Classic.

The law would establish America’s jurisdiction over international sports events, even those outside of the United States, if they include at least three other nations, with at least four American athletes participating or two American companies acting as sponsors. It would also enhance the ability of cheated athletes and corporate sponsors to seek damages, expanding the window of time during which civil lawsuits could be filed.

To justify the United States’ broader jurisdiction over global competitions, the House bill invokes the United States’ contribution to the World Anti-Doping Agency, the global regulator of drugs in sports. At $2.3 million, the United States’ annual contribution is the single largest of any nation. ‘‘Doping fraud in major international competitions also effectively defrauds the United States,’’ the bill states.

The lawmakers behind the bill were instrumental in the creation of the 2012 Magnitsky Act, which gave the government the right to freeze financial assets and impose visa restrictions on Russian nationals accused of serious human rights violations and corruption. On Tuesday, the lawmakers framed their interest in sports fraud around international relations and broader networks of crime that can accompany cheating.

‘‘Doping fraud is a crime in which big money, state assets and transnational criminals gain advantage and honest athletes and companies are defrauded,’’ said Sheila Jackson Lee, Democrat of Texas, who introduced the legislation on Tuesday. ‘‘This practice, some of it state-sanctioned, has the ability to undermine international relations, and is often connected to more nefarious actions by state actors.’’

Along with Ms. Jackson Lee, the bill was sponsored by two other Congressional representatives, Michael Burgess, Republican of Texas, and Gwen Moore, Democrat of Wisconsin.

It was put forward just as Russia prepares to host soccer’s World Cup, which starts Thursday. That sporting event will be the nation’s biggest since the 2014 Sochi Olympics, where one of the most elaborate doping ploys in history took place.

The bill, the Rodchenkov Anti-Doping Act, takes its name from Dr. Grigory Rodchenkov, the chemist who ran Russia’s antidoping laboratory for 10 years before he spoke out about the state-sponsored cheating he had helped carry out—most notoriously in Sochi. At those Games, Dr. Rodchenkov said, he concealed widespread drug use among Russia’s top Olympians by tampering with more than 100 urine samples with the help of Russia’s Federal Security Service.

Investigations commissioned by international sports regulators confirmed his account and concluded that Russia had cheated across competitions and years, tainting the performance of more than 1,000 athletes. In early 2017, American intelligence officials concluded that Russia’s meddling in the 2016 American election had been, in part, a form of retribution for the Olympic doping scandal, whose disclosures Russian officials blamed on the United States.

Nations including Germany, France, Italy, Kenya and Spain have established criminal penalties for sports doping perpetrated within their borders. Russia, too, passed a law in 2017 that made it a crime to assist or coerce doping, though no known charges have been brought under that law to date.

Under the proposed American law, criminal penalties for offenders would include a prison term of up to five years as well as fines that could stretch to $250,000 for individuals and $1 million for organizations.

‘‘We could have real change if people think they could actually go to jail for this,’’ said Jim Walden, a lawyer for Dr. Rodchenkov, who met with the lawmakers as they considered the issue in recent months. ‘‘I think it will have a meaningful impact on coaches and athletes if they realize they might not be able to travel outside of their country for fear of being arrested.’’

The legislation also authorizes civil actions for doping fraud, giving athletes who may have been cheated in competitions—as well as corporations acting as sponsors—the right to sue in federal court to recover damages from people who may have defrauded competitions.

Ms. Jackson Lee cited the American runner Alysia Montaño, who placed fifth in the 800 meters at the 2012 Summer Olympics. Two Russian women who placed first and third in that race were later disqualified for doping, elevating Ms. Montaño years later. ‘‘She had rightfully finished third, which would have earned her a bronze medal,’’ Ms. Jackson Lee said, noting the financial benefits and sponsorships Ms. Montaño could have captured.

The bill would establish a window of seven years for criminal actions and 10 years for civil lawsuits. It also seeks to protect whistle-blowers from retaliation, making it illegal to take ‘‘adverse action’’ against a person because he or she has disclosed information about doping fraud.

Dr. Rodchenkov, who has lived in the United States since fall 2015, has been criminally charged in Russia after he publicly deconstructed the cheating he said he carried out on orders from a state minister.

‘‘While he was complicit in Russia’s past bad acts, Dr. Rodchenkov regrets his past role in Russia’s state-run doping program and seeks to atone for it by aiding the effort to clean up international sports and to curb the corruption rampant in Russia,’’ Ms. Jackson Lee said, calling Tuesday’s bill ‘‘an important step to stemming the tide of Russian corruption in sport and restoring confidence in international competition.’’

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  • 'Putin will pay a very, very, very heavy price' if he invades Ukraine further

    Senator Ben Cardin (D-MD) sits down with Yahoo Finance Live to talk about past geopolitical aggressions from Russian President Vladimir Putin, carefully applying sanctions on Russia, the energy sector, additional COVID-19 relief funds, inflation, and the federal gas tax. Video Transcript AKIKO FUJITA: Well, we are continuing to follow the latest developments from the Russia-Ukraine border. Several reports of increased shelling there with pro-Russian rebels ordering the evacuation of civilians. Amid those heightened tensions, President Biden is expected to speak this afternoon at 4:00 PM Eastern after he holds a call with NATO allies. And of course, we're going to bring that to you live right here on Yahoo Finance. Let's bring in Senator Ben Cardin of Maryland, who's also on the Senate Foreign Relations Committee. Senator, it's good to talk to you today. I think a lot of people trying to make sense of the headlines that we've gotten this week. Is diplomacy going to take its course? Is Russia-- is a Russian invasion of Ukraine inevitable? Talk to me about what you're hearing and what your biggest concerns are. BEN CARDIN: Well, first, it's good to be with you. Look, the circumstances are extremely dangerous right now. When you take a look at what Mr. Putin has done, the provocative actions he just recently took in Eastern Ukraine, the number of troops that he has on the border fully prepared to do a full incursion into Ukraine, and his past history, what he did in Georgia, what he's done-- this is part of his playbook, to use misinformation and to use everything he possibly can to bring down a country. And he wants to bring down an independent Ukraine. So it's a very, very dangerous situation. What will come next, only Mr. Putin knows. We certainly will not give up on diplomacy if Mr. Putin wants a diplomatic answer. But to now, every indication is that he is determined to use force to bring down the Ukrainian government. AKIKO FUJITA: You and your colleagues in the Senate have called for sanctions or increased sanctions against Russia. And I realize Republican senators have put forward their own sanctions as well. To what extent can these sanctions really have teeth in curtailing Vladimir Putin from scaling back some of those ambitions you just highlighted? BEN CARDIN: Well, to be clear, Democrats, Republicans, House and Senate, are fully behind President Biden and our European allies to make it clear that Mr. Putin will pay a very, very, very heavy price if he does further incursions into Ukraine. There's no dispute about that. We are fully behind the president in that regard. There's many of us who think that Mr. Putin already deserves to have additional sanctions imposed, but that would also, we think, give the president some additional leverage in his conversations with Mr. Putin. But that's more of a strategy issue, rather than our resolve that do everything we can to prevent the incursion. If it happens, the president will have our full support to impose the most serious sanctions, both on sectorial economy, as well as individuals. AKIKO FUJITA: We had your colleague, Senator Jon Tester, on earlier this week, who said, look, I'm all for sanctions, but we also need to be mindful of the economic impact this could have on our allies over in Europe, specifically on energy. How do you view that? Especially if we're talking about something like Nord Stream 2, I mean, number one, what power does the US have in halting that? And how do you think about the consequences for a country like Germany if that is halted, especially given their reliance on natural gas coming in from Russia? BEN CARDIN: Well, Senator Tester is mentioning some important points. But our number one priority is the security of Europe. And if Mr. Putin can overtake a sovereign country by the use of force without consequences, that does not bode well for the future security of Europe or other parts of the world by the use of force to try to change borders. That will have a much more devastating impact on future economies as well as the safety of Europe. So that has to be our primary concern. These sanctions on the energy sector, particularly, we need to long-term have a more secure Europe on energy sources. We know that. But in the short-term, we have to make sure that energy is not used as a weapon, as Mr. Putin is trying to do. That only will lead to bad results. So for all these reasons, we have to stay resolved and resolute in our force to say that we will impose the heaviest possible sanctions if there are further incursions into Russia. AKIKO FUJITA: Let's talk about more domestic issues. You have been, for some time here, calling for additional funds here to combat COVID-19. I know there was a request in from the Health and Human Services Department that called for $30 billion in additional funds. Given how much was spent on this most recent wave for Omicron, where do those discussions stand right now? And how are you thinking about that, number one, in terms of additional budgets that are needed on the health care side to fight the virus, and then the amount of money that could potentially go to small businesses that are still hurting in a big way? BEN CARDIN: Well, we have some unfunded programs now that need to be completely funded. And that is the Restaurant Revitalization Fund. We made certain commitments. The money, it was not adequate. We need to replenish those funds. That should be done as soon as possible. I hope we can get it done in early March. In regards to additional COVID needs, there's clearly a need in our health resources to make sure that we can stay ahead of the next variant. And there's likely to be another variant. So we have to have the funds necessary to do all of the preparation, including vaccination preparations, the therapeutic drugs, protective equipment, testing. All that will require additional resources. And as they're needed, we have to make those resources available. And then we hope we're at near the end of the tunnel in regards to this COVID point, the impact it has on our economy. But if it continues, then we have to be prepared again to step forward, as we did in the past, to make sure that our economy can continue even during a pandemic. AKIKO FUJITA: You talk about the challenges in the economy. Certainly a lot of Americans feeling the pinch from price pressures and inflation now hitting a 40-year high. That has certainly hurt this administration, at least, in the eye of the public. And I wonder where you stand especially on a potential holiday on the federal gas tax. That's something that has been raised by other Democratic lawmakers. The cynical take would be to what extent that can really bring down prices and how much of this is motivated politically. Where do you stand on that? And should there be a bit of a reprieve, given how far up gas taxes have run? BEN CARDIN: Well, I understand that we have to deal with the short-term pressures that American families are sustaining, so I recognize that. But the deal with the causes for inflation, we really do need to deal with the labor force to have more people able to work. And that means in the Build Back Better agenda, affordable child care is critically important. We've got to protect our supply chains as one of the principal reasons why we seeing a shortage of goods, and therefore an increase in price. And that means pass the legislation that is passed by both the House and Senate that needs to be reconciled that would make America more products produced here in our own country. They are the two things I think we can do the most to protect against the impact of higher costs. But we recognize that American families are hurting, and that's why we want to deal with more affordable housing, more affordable educational costs. We want to deal with the cost centers that are affecting American families. AKIKO FUJITA: Specifically on the federal gas tax, though, would you support a suspension? BEN CARDIN: Well, it depends. We have to make sure that there's adequate resources to carry out our infrastructure and our transportation programs. It's not just as simple as a holiday. It's a question of how we're going to adequately fund the needs that are critically important. You know, the transit needs, the road needs, broadband, all these are important services that the American people need, and we have to make sure we can continue to carry out those programs. AKIKO FUJITA: Well, Senator Ben Cardin, we always enjoy having you on the show. I hope to have you back on again soon. Maryland Senator Ben Cardin there joining us today from Baltimore. Coming up, existing home sales--

  • Ahead of OSCE PA Winter Meeting, Co-Chairman Cohen Reiterates Support for Ukrainian Sovereignty

    WASHINGTON—Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) today issued the following statement: “Over the upcoming Congressional recess, I am proud to be leading a bipartisan, bicameral delegation to the Winter Meeting of the OSCE Parliamentary Assembly. In today’s climate of global uncertainty, engagement between foreign officials and members of Congress offers reassurance to U.S. allies about the commitment of the United States to peace, security, and prosperity in Europe and beyond. “Our delegation also will take the opportunity to visit other NATO Allies to consult with government officials in light of the unprecedented number of Russian forces deployed in and around Ukraine. While we originally planned to stop in Kyiv, the relocation of embassy staff necessitated the unfortunate cancellation of that portion of our itinerary. However, I would like to take this opportunity to reassure the Government of Ukraine of the steadfast support of Congress for Ukrainian sovereignty and territorial integrity in the face of Russian aggression. Rest assured we will bring up support for your nation’s security at the OSCE PA meetings.”

  • Chairman Cardin Discusses Russian Aggression on Balance of Power

    On February 16, Helsinki Commission Chairman Sen. Ben Cardin (MD) spoke about Russian aggression toward Ukraine with David Westin on Bloomberg's Balance of Power. "You cannot believe anything that Mr. Putin says," he said. "We understand what he is saying for public relations purposes, but to date we have not seen any major withdrawal of troops from the border. Russia did everything necessary to start an invasion. The troops are lined up; the so support personnel are there. So, we are still at a very high-tension level. Obviously, we would do everything we can on the diplomatic front, so that we could avoid what Russia is doing, but they need to have an off ramp and we don’t know whether Mr. Putin wants an off ramp or not."

  • Olympic skater’s entourage could face trouble under US law

    ZHANGJIAKOU, China (AP) — Legal troubles for the coach and others in Russian figure skater Kamila Valieva’s orbit could emerge in the United States even after her doping case from the Beijing Games has been resolved. Anti-doping experts say the episode falls under the scope of a recently enacted U.S. law that criminalizes doping schemes in events involving American athletes. The law calls for fines of up to $1 million and prison sentences of up to 10 years for those who participate in doping programs that influence international sports. “Doctors and coaches who give performance-enhancing drugs to athletes are directly liable” under the new law, said one of its authors, attorney Jim Walden. “They are at risk of jail, steep fines, and forfeiture. And I suspect the FBI is already hot on this trail.” On Monday, The Court of Arbitration for Sport cleared Valieva to compete in the women’s competition this week. Still unresolved is what to do about the gold medal the Russians won — with Valieva as the headliner — in last week’s mixed team competition. Because Valieva is 15, and considered a “protected person” under global anti-doping rules, the sanctions against her could be light. That does not exempt her entourage from possible anti-doping penalties beyond the possible stripping of the medal from the Russian team. Walden and others expect those same people to come under investigation by U.S. law-enforcement, as well. “The latest Russian doping scandal in Beijing is exactly why we passed the Rodchenkov Anti-Doping Act. Doping is corruption,” said Sen Ben Cardin, D-Maryland, who is involved in anti-doping issues. Walden represents the bill’s namesake, Grigory Rodchenkov, the Russian lab director who blew the whistle on the complex, widespread Russian doping scheme designed to help the country win medals at the 2014 Sochi Games and elsewhere. Rodchenkov now lives in hiding. The Rodchenkov Act wasn’t designed to go after athletes. It targets coaches, doctors and other members of an athlete’s entourage who are accused of arranging doping programs in any event that involves U.S. athletes, sponsors or broadcasters. The bill, supported by Walden, the U.S. Anti-Doping Agency and others, passed by unanimous consent through both houses of Congress and was signed into law in December 2020. It was considered a remarkable achievement considering the polarization in U.S. politics. Officials at the White House drug control office in both the Trump and Biden administrations have been critical of global anti-doping regulators. They threatened to withhold funding from the World Anti-Doping Agency, but recently paid their remaining dues despite some major concerns. The law’s first test came last month when federal officials charged a doctor of providing drugs to an “Athlete A,” who The Associated Press identified as Nigerian sprinter Blessing Okagbare. The IOC and WADA lobbied against parts of the bill. Their main argument was that it gave U.S. law enforcement too much leverage in policing anti-doping cases that occur outside its own borders. This case — a Russian who was found to have doped on Dec. 25 at a national championship — appears, at first glance, to fit that profile. WADA said it took six weeks for officials to receive the test from a lab in Sweden because Russia’s anti-doping agency (RUSADA) failed to flag it as a priority. That Valieva was allowed to compete at the Olympics turns it into an international episode. WADA said in a statement that it was “disappointed in the ruling,” and that it, too, would “look into” Valieva’s support personnel. Russia’s anti-doping agency has also begun an investigation. But critics of WADA and the IOC argue the bill was passed because the international anti-doping system has proven it can’t police its own. They point to the sanctions handed to Russia over the past eight years as Exhibit A. Part of those sanctions resulted in years’ worth of suspensions and reforms for RUSADA, which is overseeing this case. Critics contend the case involving Valieva might not have erupted had the country — whose athletes are competing in Beijing under the banner of “Russian Olympic Committee” due to the sanctions — been penalized appropriately. “If I were a betting man, I’d say there’s a 95% chance that this is a good case for” the law, said Rob Koehler, the head of the advocacy group Global Athlete. Though there are harsh penalties under the law, it’s hard to imagine U.S. authorities would ever get their hands on Russians if they were indicted. Still, an indictment would have an impact. It could curtail their ability to travel or coach outside of Russia, since the United States has extradition deals with dozens of countries across the globe. Valieva tested positive for the banned heart medication trimetazidine. “We need more facts, but you can envision a case like this under Rodchenkov,” USADA CEO Travis Tygart said. “This drug doesn’t just show up out of nowhere. Assuming the facts play out that someone was involved in giving it to her to enhance performance, it fits like a glove.”

  • Chairman Cardin on Doping Scandal At 2022 Winter Olympics in Beijing

    WASHINGTON—Helsinki Commission Chairman Sen. Ben Cardin (MD) released the following statement: “The latest Russian doping scandal in Beijing is exactly why we passed the Rodchenkov Anti-Doping Act. Doping is corruption. It defrauds clean athletes and honest sponsors, and insults the spirit of international competition. “Putin—like other strongmen—regularly uses corruption as a tool of foreign policy. The Olympics are no exception. I call on the U.S. Department of Justice to investigate all alleged doping crimes during the Beijing Olympics and hold the perpetrators responsible under the Rodchenkov Act.” The Rodchenkov Anti-Doping Act, which became law in December 2020, criminalizes doping in international sport. In January 2022, the Federal Bureau of Investigation announced the first charges filed under the Rodchenkov Anti-Doping Act for a doping scheme at the Tokyo Olympics.

  • Sen. Cardin details possible Russia sanctions, says Putin will pay ‘very heavy price' if he invades Ukraine

    Watch the latest video at foxnews.com Russia will face the "strongest possible" sanctions if they invade Ukraine, in the form of heavy economic and political consequences, U.S. Sen. Ben Cardin said Sunday. Cardin, D-Md., appeared on "Fox News Sunday" to discuss what the possible sanctions against Russia could look like in a "strong bi-partisan effort" that he said is almost complete and has the support of President Biden. "We hope to show Mr. Putin that Democrats and Republicans in the Senate and the House, and that the White House, are united," Cardin said. "That if he does do further incursions into Ukraine he will pay a very, very, very heavy price from the economic point of view and the isolation politically." Cardin said that the possible sanctions will include both financial and personal consequences for Russia’s current aggressive activity outside the Ukraine border. U.S. officials have said Moscow has assembled at least 70 percent of the military firepower it likely intends to have in place for a full-scale invasion. The sanctions would affect Putin personally, the Russian economy, and the financing of Putin’s activities, Cardin said. The senator added that other individuals affected would include those who use the international banking system to finance Putin’s political agenda. "These are gripping sanctions that will have an impact on the bad actors and the Russian economy in general because it is financing through corruption Putin’s political agenda," Cardin said. Leaders have given few hard details to the public, however, arguing it is best to keep Putin guessing. Cutting Russia off from international banking would be one of the toughest financial steps the U.S. and its European allies could take. The move could cut Russia off from its international profits from oil and gas production, which account for more than 40% of the country’s revenue. One tactic the U.S. has previously used is sanctioning the immediate circles of leaders, their families, and military and civilian circles.  Putin and his friends and family could face that as well, along with Russia’s powerful business oligarchs and its banks. That includes Putin’s family and a woman reported to be Putin’s romantic interest, Alina Kabaeva, who won Olympic gold in 2004 in rhythmic gymnastics. The Associated Press contributed to this report.

  • Ambassador (Ret.) William B. Taylor: 'I believe Putin will blink'

    At a February 3 Helsinki Commission hearing on Russian aggression toward Ukraine, William B. Taylor, an expert on Russia and former U.S. ambassador to Ukraine, told Commissioners,  "I believe President Putin will blink. I think Presidents Biden and Zelensky are staring him down successfully. Putin appears, for now, to be seeking negotiations. He has complained about but has not rejected the responses from the United States and NATO to his demands."

  • Russia's Assault on Ukraine and the International Order

    Russia’s Ukraine gambit is the most flagrant manifestation of the Kremlin’s assault on the international order. Moscow’s actions degrade the security environment in Europe and are a direct attack on settled international norms, including the territorial integrity of states and the self-determination of peoples affirmed in the Helsinki Final Act and subsequent agreements of the Organization for Security and Cooperation in Europe (OSCE). On February 2, 2022, the U.S. Helsinki Commission held a hearing on Russian aggression against Ukraine. The hearing included testimony from three expert witnesses on the motives and intentions of the Kremlin, how the West can continue to support Ukraine, and the ramifications of Putin’s belligerence for Europe and the international order. Helsinki Chairman Sen. Ben Cardin (MD) opened the hearing by highlighting the unity displayed between the United States and Europe in response to the threatened invasion. He commended the Biden administration on its efforts to enhance deterrence and reinforce NATO’s eastern flank, while ensuring a diplomatic path remains open to Russia should it wish to find areas of cooperation; he emphasized that the sovereignty of Ukraine and freedom of Europe would under no circumstance be bargained away. Co-Chairman Rep. Steve Cohen (TN-09) noted that Putin considers Ukraine’s evolution into a budding democracy “with its open market of ideas, vibrant media, and a strong civil society” as a threat to his regime and repeated the importance of a free and sovereign Ukraine for the security of Europe. Sen. Roger Wicker (MS) highlighted Russia’s participation in the Helsinki Final Act of 1975, saying, “Putin is now treading underfoot the principles at the heart of the Commission’s work, principles agreed to by Mr. Putin’s predecessors in Moscow.” He also underlined importance of ensuring passage of defense appropriations to our defense commitments abroad. Ranking Member Rep. Joe Wilson (SC-02) praised the strong bipartisan stance exemplified by the hearing regarding the need to deter Russia; Republicans and Democrats in the U.S. Congress, as well as Transatlantic allies, were “firmly united in support of the people of Ukraine” Dr. Fiona Hill, senior fellow in the Center on the United States and Europe in the Foreign Policy program at the Brookings Institution, testified on Putin’s motives and likely worldview, citing Russian interventions in Georgia, Armenia, and Belarus. “From Russia’s perspective, the United States played no significant role in addressing these upheavals,” she said. She noted that the 2024 presidential elections likely are influencing Putin’s need to act now. Dr. Hill closed by emphasizing the importance of definitively countering Putin’s narrative regarding Russia’s aggressive posture. “We need to reframe this crisis for what it is, as the administration has just done in the United Nations,” she said. “This is not a proxy conflict. This is not aggression by the United States or NATO. This is not a righteous effort to counter some great historic wrong, as President Putin says. This is an act of post-colonial revisionism on the part of Russia.” Lieutenant General (Ret.) Ben Hodges, Pershing Chair in Strategic Studies at the Center for European Policy Analysis, testified on the current needs of the Ukrainian army, as well as potential countermeasures Ukraine’s Western partners can take to address Russian aggression. He highlighted President Zelensky’s request for funds to support a significantly larger Ukrainian army, as well as continued diplomatic support from the West. General Hodges also underlined that a common approach among NATO Allies, including and especially Germany, would be necessary to prevent a new Russian offensive. “We need to take the initiative instead of always reacting to whatever the Kremlin does. But we have to do this in unity with our allies,” he said. Lieutenant General Hodges closed by urging NATO to remain clear-eyed about the nature of diplomacy with the Kremlin. “They are not boy scouts. They use chemical weapons, poison and murder against their own opposition, and they use cyber and disinformation to destroy lives and trust in our democratic system,” he noted. “We should talk, but we need to understand with whom we are talking.” Ambassador (Ret.) William Taylor, Vice President, Russia and Europe at the United States Institute of Peace, commended the resolve and unity shown by President Biden and President Zelensky, suggesting that this had been surprising to the Kremlin. He surmised that the effectiveness of the Western response had, to date, successfully deterred a full-scale invasion and there was reason to believe that Putin currently remains engaged on a diplomatic track. Ambassador Taylor underlined the stakes in the current confrontation and their relevance to U.S. interests, describing Ukraine as “the frontline of the battle between democracy and autocracy. We should support them. With that support, they will prevail. Putin will lose.” Members raised a broad range of concerns with witnesses, questioning them on issues ranging from the influence of public opinion and oligarchs on Putin’s thinking, to the most efficient timing of sanctions. Witnesses were united in their praise for the bipartisan consensus on countering Russian aggression demonstrated by Congress, and adamant in their call for continued resolve and determination in the support of Ukraine. Related Information Witness Biographies Putin Has the U.S. Right Where He Wants It - Dr. Fiona Hill  NATO Must Help Ukraine Prepare for War - Lieutenant General (Ret.) Ben Hodges  After U.S.-Russia Talks, Risk of War in Ukraine Still High - Ambassador (Ret.) William B. Taylor

  • Helsinki Commission Digital Digest January 2022

  • Russia’s Assault on Ukraine and the International Order to Be Discussed at Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: RUSSIA’S ASSAULT ON UKRAINE AND THE INTERNATIONAL ORDER Assessing and Bolstering the Western Response Wednesday, February 2, 2022 2:30 p.m. Dirksen Senate Office Building Room 562 Watch live: www.youtube.com/HelsinkiCommission Russia’s Ukraine gambit is the most flagrant manifestation of the Kremlin’s assault on the international order. Moscow’s actions degrade the security environment in Europe and are a direct assault on settled international norms. These include the territorial integrity of states and the self-determination of peoples affirmed in the Helsinki Final Act and subsequent agreements of the Organization for Security and Cooperation in Europe (OSCE). Witnesses will examine the latest developments in the Kremlin-driven crisis in and around Ukraine and the urgency for the United States to bolster Ukraine’s defenses and deter further Russian aggression. The following witnesses are scheduled to testify: Dr. Fiona Hill, Senior Fellow, Center on the United States and Europe, Brookings Institution Lieutenant General (Retired) Ben Hodges, Pershing Chair, Center for European Policy Analysis Ambassador (Retired) William B. Taylor, Vice President, U.S. Institute of Peace

  • Half Measures Are Worse Than Nothing in Ukraine

    Europe begins the new year on the brink of major war. Russia has amassed more than 100,000 troops and heavy equipment along Ukraine’s border and issued an ultimatum to the West demanding it trade Ukraine’s sovereignty in exchange for its peace. Such demands are a strategic nonstarter, but the seriousness of the Kremlin’s threats appear all too real. To stop this war before it begins, muddling through is not an option; this demands immediate and bold action. Russia claims its 100,000-plus troops at Ukraine’s doorstep is a response to NATO enlargement and its infrastructure in Ukraine and Eastern Europe. These arguments are unconvincing. The Kremlin has used NATO as a straw man for its grievances, yet Russian disquiet has little to do with NATO itself, which has no immediate plans to expand anywhere near Russia and would not threaten Russia if it did. Although the United States and its European partners have provided material and technical military assistance to Ukraine, it has not changed the region’s balance of power. Instead, Russia’s demands evince anxiety over global status and the possibility that its borderlands may be able to escape from its grip. In particular, Ukraine has the size and industrial capacity to make it a credible economic and military power regardless of whether it joins NATO. For Russia, a strong and hostile Ukraine is intolerable, even though Russian aggression husbanded Ukraine’s pro-West turn. By supporting Donbass separatism and annexing Crimea, the Kremlin stoked patriotism in Ukraine, lanced Ukraine’s most Russia-friendly population, and earned Kyiv’s hostility. Ukraine is not the only country for which this applies, but it may be the most significant given its size, geography, and symbolic position in official Russian neoimperial mythology. War should be avoided at all reasonable costs. Another invasion would risk tens of millions of lives and further undermine Europe’s increasingly fragile security. The United States and Europe should be willing to negotiate in good faith to avoid wider conflict—so long as Ukraine, Georgia, and Eastern Europe’s sovereignty are preserved. However, acceding to Russia’s maximalist demands would strip Ukraine of its already battered sovereignty and invite a new Iron Curtain over Europe—consigning many millions of people to generations of domination and conflict. History and international relations theory may offer some guidance in this crisis. In the runup to the Peloponnesian War between the sprawling Athenian league and Sparta’s opposing empire, Athens faced a dilemma between its ally Corcyra and Corinth, a powerful member of the Spartan alliance. As chronicled by classical historian Donald Kagan in his On the Origins of War: And the Preservation of Peace, Corcyra called on Athens for protection, but Athens was anxious to intervene lest it precipitate a ruinous great-power war with Sparta, which was increasingly fearful that Athens, the rising force in Greece, would eclipse Spartan power. Yet Athens worried that abandoning Corcyra would undermine its alliances and invite Spartan aggression. As a compromise, Athens deployed a mere 10 ships out of its vast 400-ship fleet to join the Corcyraeans in the hopes that it would be enough to deter Corinth’s advancing 150-ship armada. However, as Kagan notes, Athens’s symbolic deployment was not strong enough to deter Corinth—much less defeat it—but too aggressive to completely assuage Spartan fears about Athenian ambitions. In the ensuing Battle of Sybota, the Corinthian armada destroyed the combined Corcyraean-Athenian fleet, launching a spiral of events that led to the devastating Peloponnesian War. As the United States deliberates with its partners and allies to craft countermeasures against Kremlin aggression, the West should avoid its own 10-ship trap. In some ways, NATO’s 2008 Bucharest summit decision is an example, where the alliance promised eventual membership to Georgia and Ukraine without a concrete pathway. This compromise left Georgia and Ukraine vulnerable while stoking the Kremlin’s strategic anxieties. The recently departed Columbia University political scientist Robert Jervis considered such problems in his international relations theory classic Perception and Misperception in International Politics. Jervis weighed deterrence against a “spiral” model, which posited that counterescalating in response to perceived escalation could provoke the opposite of the intended response. An attempt at deterrence could instead be viewed as further provocation. While deterrence preaches strength and resolution, the spiral model generally counsels conciliation. However, Jervis theorized that while the deterrence and spiral models are often presented as opposing, generalizable theories, their usefulness varies with the circumstances. He surmised that deterrence is applicable between two powers with genuinely incompatible positions, and the spiral model best applies to disputes between status quo powers where their perceived incompatibility is mostly illusory. One exercise Jervis suggests is to interrogate evidence that the second power is not engaged in revisionist aggression. In this case, a charitable reading of Russian actions suggests that Russia’s grievances are oriented to the security situation on its borders—the “belt of Russia’s vital interests.” In this interpretation, Russia’s historical influence along its borders need not be a cause for alarm on its own, much less for war. Indeed, if arms limitations and codes of conduct represent an acceptable compromise to defuse the present crisis without sacrificing the freedom or sovereignty of the states on Russia’s border, this is worth pursuing. However, which vital interests necessitate Russian dominion over its periphery? Although Russia’s perceptions of insecurity may be real, it is demonstrably not materially insecure, with a large, full-spectrum, and sophisticated military that is arguably the most powerful in Europe. Russia’s neighbors are far weaker, Western states largely disarmed after the Soviet Union’s dissolution, and remnant Allied forces remained in Western Europe in compliance with the NATO-Russia Founding Act, even as Russia has significantly militarized. And Russia’s economic fortunes are far better served by peace and integration with the West, not conflict. However, the stability and integrity of European security architecture as enshrined in the Helsinki Final Act remain fundamental to U.S. national security. Any countenance of the Kremlin’s broader abrogation of that framework and the restoration of a new Yalta Conference would reverse decades of peace and prosperity—and likely drive continental militarization that would only compound Russian security anxieties and conflict. It appears the West and the Russian regime’s positions are indeed incompatible. In response, the United States and its allies must be wary of the 10-ship trap. Although caution is often a virtue in national security and foreign policymaking, a moderate response to the enormity and notoriety of Russia’s belligerence would likely neither protect Ukraine nor satisfy Russian imperial appetites. Broad economic sanctions on their own are likely to be sufficient to forestall an invasion; and token, light deployments behind NATO’s high walls while Ukraine burns will inflame Kremlin paranoia without arresting or appreciably punishing Russian militarism. Negotiations and diplomacy should be given the time to work, and any kind of durable solution is unlikely to completely satisfy either party. However, the United States and its allies should undergird these talks with serious and significant measures to prevent another, greater war in Ukraine before it begins. As in Corcyra, half measures are unlikely to ameliorate the crisis and may only exacerbate them. What, then, do full measures look like? The critical factors here are speed and plausibility: steps that not only can be taken quickly but that Russia will believe Washington will carry through. Although economic sanctions have been broadly regarded as useful tools in this regard, most measures being envisioned are likely already baked into Russian calculations or may not have an immediate effect. In addition, the United States—and Europe, if it is willing—should significantly curtail Russian energy imports and aim to wean Russian hydrocarbons from European markets entirely—perhaps even going so far as to employ Defense Production Act authorities to stockpile and potentially surge liquefied natural gas and other fuel alternatives to Central and Eastern Europe. Boosting other energy sources on a strategic scale could also accompany this approach. Moscow must be convinced that military aggression will only dramatically increase and complicate what it believes are its existing security vulnerabilities. Toward that end, the United States and Europe could begin studying withdrawal from the NATO-Russia Founding Act, and planning can begin in earnest for repositioning heavy forces in Europe in the event of a wider Russian war. NATO can signal that new European applications for NATO membership would be welcomed and expediently ratified (perhaps even pre-ratified in some form), particularly from Sweden and Finland, should Russia go through with its militaristic gambit. Washington could also consider scenarios to provide aspirants—Ukraine, Georgia, and potentially the Nordics—with bilateral treaty guarantees prior to NATO accession. In Corcyra, the compromise of 10 Athenian ships only served to anger Corinth and Sparta as well as fed beliefs that war was not only necessary but an urgent enterprise. Against the colossal coercive symbolism and military reality posed by the Russian buildup—and the even greater weight of the Kremlin’s demands—the United States and Europe should prepare responses to match the moment. Michael Hikari Cecire is a senior policy advisor at the U.S. Helsinki Commission. 

  • Helsinki Commission Marks One-Year Anniversary of Navalny’s Imprisonment

    WASHINGTON—Ahead of the one-year anniversary of Alexei Navalny’s arrest on January 17, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following statements: “In the past year, while Alexei Navalny has remained unjustly imprisoned, the Kremlin has doubled down on its absurd persecution of his anti-corruption organizations as ‘extremist,’” said Chairman Cardin. “Nevertheless, Mr. Navalny’s colleagues, friends and allies, in the face of grave threats, continue to risk their own freedom to expose Putin’s thuggery across Russia.” “Putin would not have gone to the trouble to imprison Alexei Navalny unless he perceived a serious threat to his power,” said Co-Chairman Cohen. “Mr. Navalny and his team across Russia were instrumental in revealing the ill-gotten gains of Putin and his cronies. This tells you all you need to know about why they are a target.” “During his imprisonment, Alexei Navalny has used his own suffering to call attention to the plight of the hundreds of other political prisoners in Russia,” said Sen. Wicker. “We have not forgotten him or others who are persecuted for their beliefs, and we look forward to a Russia in which they finally are free.” “Despite the Kremlin’s attempts to push Alexei Navalny out of public view and prevent him from challenging Putin, we will not stop calling for his release,” said Rep. Wilson. “Russians who challenge Putin should not have to fear for their safety in their own country.” In August 2020, Alexei Navalny was the victim of an assassination attempt by the FSB that used a Russia-developed chemical weapon in the Novichok family. He spent months recovering after being flown to Berlin for treatment. Navalny returned to Moscow on January 17, 2021, and was arrested at the airport. In February, a Russian judge sentenced Navalny to three and a half years in a prison colony for violating the terms of a suspended sentence related to a 2014 case that is widely considered to be politically motivated. Previous time served under house arrest reduced his prison time to two years and eight months. In June, the Moscow City Court ruled that Alexei Navalny’s Anti-Corruption Foundation and its regional networks would henceforth be considered “extremist” organizations, essentially outlawing these groups and criminalizing their activity. In September, Russian authorities opened a new probe against Navalny and his closest associates for creating and directing an “extremist network.” This, combined with other ongoing criminal investigations, could lead to additional jail time for Navalny and threaten those associated with his organizations, many of whom have been forced to flee Russia.

  • Helsinki Commission Welcomes First Charges Under the Rodchenkov Anti-Doping Act

    WASHINGTON—Following the first charges filed under the Helsinki Commission’s Rodchenkov Anti-Doping Act for a doping scheme at the Tokyo Olympics, Helsinki Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), Ranking Member Rep. Joe Wilson (SC-02), and former Commissioner Rep. Michael Burgess (TX-26) issued the following statements: “Swift utilization of the Rodchenkov Anti-Doping Act is exactly what we hoped for with this legislation,” said Chairman Cardin. “I thank the U.S. attorneys and investigators who put in long hours of work pursuing this case. They understood the importance of cleaning up cheating and corruption in international sports, which often is a tool of autocratic governments. These first charges are only the beginning and serve as a very public part of the global anti-corruption strategy supported by the Biden administration and spearheaded by the Helsinki Commission for many years.” “I welcome this first enforcement action under the Rodchenkov Act and urge the Department of Justice to continue unraveling the corruption that infects international sport,” said Co-Chairman Cohen. “Sports should bring people together and celebrate achievement—they should not be an opportunity for fraud. My own GOLD Act would expand the Rodchenkov Act and I call on my colleagues to pass it swiftly.” “These charges are the culmination of years of work to hold administrators, doctors, and officials accountable for their role in corrupting international sport,” said Sen. Wicker. “They demonstrate that our new approach is working. I thank the public servants at the U.S. Department of Justice and urge them to continue their efforts to enforce this critically important law.” “Dictators and their cronies interfere in everything we hold dear, including sports. They view victory in international sport as a way to trumpet the greatness of their oppressive systems. Cheating in sports is part of their foreign policy,” said Rep. Wilson. “With the Rodchenkov Act, we are holding these corrupt networks to account. I applaud the Department of Justice for prosecuting fraudsters at the Tokyo Olympics and call on them to do the same in Beijing.” “From a young age, professional athletes dedicate themselves to becoming the best in their sport. For those skilled enough to make it to the Olympics, their efforts should not be tainted by doping schemes,” said Rep. Burgess. “Yesterday’s charges provide hope to those that have been defrauded. They would not have been made possible without the Rodchenkov Anti-Doping Act. I worked to enact this law to maintain sport integrity and keep all American athletes safe and protected from fraud. Further, yesterday’s action is a win for athletes such as Katie Uhlaender, whose moving testimony spurred Congress into action. I hope that yesterday’s charges are only the beginning of combatting fraud in international sport competition.”   “This is exactly the kind of action we hoped for following the enactment of this groundbreaking anti-doping legislation,” said Dr. Grigory Rodchenkov, the former head of Moscow’s anti-doping laboratory and the Russian whistle-blower after whom the law is named. “We are grateful to United States Attorney Damian Williams for taking this monumental first step toward restoring the Olympic games to their role as a cherished forum for nations to convene in the spirit of peace, fairness and cooperation. We cannot continue to allow corrupt states and the overlords of sport commerce to exploit our athletes and traditions of peace to advance the economic and geopolitical interests of the few. Yesterday's action is entirely appropriate and puts real teeth into anti-doping enforcement, while also setting an example of international cooperation and fair play for future generations.” The Rodchenkov Anti-Doping Act, which became law in December 2020, criminalizes doping in international sport. In July 2021, the Helsinki Commission hosted a hearing on the enforcement of the Rodchenkov Act at the Tokyo Olympics. Earlier that year, Dr. Rodchenkov spoke out publicly for the first time about the impact of the Rodchenkov Anti-Doping Act on a Helsinki Commission podcast, calling it a “game-changer.” On Wednesday, the New York Field Office of the Federal Bureau of Investigation (FBI) announced the charges against Eric Lira, who they allege “obtained various performance enhancing drugs (‘PEDs’) and distributed those PEDs to certain athletes in advance of, and for the purpose of cheating at, the 2020 Olympic Games held in Tokyo in the summer of 2021.”   

  • Russia sent troops near Ukraine and to Kazakhstan. The U.S. is watching and waiting

    Transcript   SCOTT SIMON, HOST: The Biden administration is heading into an intense week with Russia. The U.S. has already condemned the massing of tens of thousands of Russian troops along the border with Ukraine. But the White House seems to be taking a different approach to Russian involvement in the former Soviet Republic of Kazakhstan. NPR's Michele Kelemen explains. MICHELE KELEMEN, BYLINE: First, a word on why Kazakhstan matters to the U.S. Senator Ben Cardin, who chairs the U.S. Commission on Security and Cooperation in Europe, puts it this way. BEN CARDIN: It does bridge between Russia and China, Asia and Europe. It really is one of the key locations. It is a country that's rich in resources. It's a country that has a critical location from a security point of view, from a counterterrorism point of view. KELEMEN: U.S. companies are heavily invested in Kazakhstan's energy sector, and the U.S. saw the country as a relatively stable, though not a democratic partner. Cardin, who was speaking via Skype, says he was disappointed to see Kazakhstan's president invite in troops from the Collective Security Treaty Organization, a group of ex-Soviet states led by Russia. CARDIN: When Russia sends troops, they rarely remove those troops. And it's not what the Kazakhs need. It's not what the people need in that country. KELEMEN: The latest turmoil started with protests over gas prices and corruption. But some major cities also saw mobs taking over government buildings. And experts point to another layer of conflict, an attempt by the country's president, Kassym-Jomart Tokayev, to sideline other government elites linked to Kazakhstan's longtime ruler, Nursultan Nazarbayev. And in that complex picture, the U.S. has little leverage, according to Emma Ashford of the Atlantic Council. EMMA ASHFORD: Even if we wanted to intervene, even if there was a clear side upon which we thought we could intervene - which I don't think there is - we just don't have that much leverage in Kazakhstan. We have limited ties in the country, and they're almost all commercial in the energy sector. KELEMEN: She thinks the U.S. needs to be cautious and not feed into Russian conspiracies. ASHFORD: We know that Vladimir Putin in particular, you know, the Russian government, has this historical tendency to see American fingers in every pot - you know, American action in every protest in the post-Soviet space. And even though that's not true, I think we should probably avoid giving the impression that we're going to get more involved. KELEMEN: Secretary of State Antony Blinken has been on the phone with his counterpart in Kazakhstan, calling on authorities to protect the rights of peaceful protesters and raising questions about why the government felt the need to invite in Russian-led troops. (SOUNDBITE OF ARCHIVED RECORDING) ANTONY BLINKEN: It would seem to me that the Kazakh authorities and government certainly have the capacity to deal appropriately with protests, to do so in a way that respects the rights of the protesters while maintaining law and order. So it's not clear why they feel the need for any outside assistance. So we're trying to learn more about it. KELEMEN: For now, those Russian troops seem to be focused mainly on protecting key infrastructure. And Blinken is reluctant to conflate the situation in Kazakhstan with Ukraine, where Russia has seized territory and is threatening to take more. (SOUNDBITE OF ARCHIVED RECORDING) BLINKEN: Having said that, I think one lesson in recent history is that once Russians are in your house, it's sometimes very difficult to get them to leave. KELEMEN: Regional experts say if Kazakhstan's president is able to reinforce his political power in the midst of this crisis, he will be indebted to Moscow. Michele Kelemen, NPR News, Washington.

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