New Anti-Doping Law Could Be A Gamechanger—If Enforced

The United States has a historic opportunity to restore the credibility of international sports competitions with a new legal instrument. The unanimously passed Rodchenkov Anti-Doping Law, named after the Russian whistleblower Dr. Grigory Rodchenkov, gives the United States extensive extraterritorial jurisdiction to prosecute doping fraudsters. The US authorities should enforce the law vigorously, starting with the Tokyo Olympics.

The use of illegal performance-enhancing drugs defrauds honest athletes, loyal fans, and corporate sponsors. But state-sponsored doping not only damages the integrity of athletics: Autocrats have been running successful doping programs in international sports competitions for years to wash their reputation, stir up nationalism and enrich their cronies. Immediately after the 2014 Sochi Winter Olympics, in which Russian athletes won a record 33 medals, Vladimir Putin’s approval rating skyrocketed, some of which were later revoked when the Kremlin’s sophisticated doping program was exposed. Holding the perpetrators and facilitators of doping fraud – doctors, coaches, officials and others – accountable would make it difficult for autocrats like Putin to gain a fraudulent advantage.

But the governing bodies of international sport, which regularly profit from their own corruption, have shown that they are not up to the task. The “self-control” of these agencies is full of empty promises and lacks any real responsibility. I was a member of FIFA’s failed Independent Governance Committee. FIFA resisted even modest governance and transparency improvements. The few proposals that were reluctantly but ostentatiously accepted have been diluted into mere window dressing. Finally, disappointed, I resigned myself not to leave the place any better than I had found it.

Anti-doping efforts are no exception. Year after year, organizations like the World Anti-Doping Agency and the International Olympic Committee punish athletes with a great deal of noise, while state doping sponsors are largely free to continue their farce. The Rodchenkov Act restructures accountability to be more meaningful, targets the perpetrators of doping fraud, and rightly sees athletes – unpaid and often under extraordinary pressure from their governments – as victims. The law also provides significant protection for whistleblowers like Dr. Rodchenkov, who, at great and ongoing personal risk, stepped forward to expose the rampant doping system of the Russian state and the fraudulent laboratory he had directed for years at the behest of the Kremlin. The U.S. government should lead global coordination to attract more whistleblowers like Dr. To encourage Rodchenkov to come forward and, if necessary, to provide meaningful protection and asylum.

We know from the success of the U.S. Foreign Bribery Act, compared to the extraterritorial jurisdiction of the Rodchenkov Act, that robust enforcement is an effective deterrent to corrupt machinations. Multinational corporations often cite the U.S. Foreign Corrupt Practices Act (FCPA) – even with its infrequent criminal prosecutions – as the primary catalyst for bribery compliance. Reinforcing the threat of criminal prosecution of the Rodchenkov law through specific official measures could also serve as a strong deterrent against state-sponsored doping. Even under the FCPA model, the passage of laws similar to the Rodchenkov Act in other countries would lead to better coordination between enforcement authorities in all legal systems, which means that doping fraudsters have fewer opportunities to hide.

The FBI and the U.S. Department of Justice have expressed excitement over the passage of the law and the prospect of enforcement – a natural fit for the Biden administration, which has promised to be tough on Russia and the current geopolitical landscape as existential Struggle between democracy and autocracy. Enforcing Rodchenkov’s Law would also directly contribute to President Biden’s efforts to fight corruption, which he made a key national security concern last month. US authorities will need the resources to conduct anti-doping investigations, and law enforcement officials should prioritize funding and resources to enforce the Rodchenkov Act.

State-sponsored doping defrauds athletes, fans and the private sector. It transforms the spirit of physical excellence and the brotherhood of amateur sports into kitschy theater. It perpetuates reputation laundering – an important pillar of autocratic regimes – and undermines the true spirit of competition. The United States has a chance to lead the global campaign for real accountability, and it should begin in Tokyo this summer.