U.S. anti-doping law fuels global controversy on jurisdiction in sports governance

The United States' Rodchenkov Anti-Doping Act of 2019 (RADA) has ignited significant debate in the international sports community, particularly over concerns about the extension of U.S. jurisdiction into global sports.

Named after Russian whistleblower Grigory Rodchenkov, RADA allows U.S. authorities to criminally investigate and penalize foreign athletes and organizations involved in doping during international competitions. This has raised alarms about potential overreach and its impact on the global balance of power in sports governance.

Witold Banka, president of the World Anti-Doping Agency (WADA), said that the U.S. was taking a unilateral approach to anti-doping rules that risked undermining global regulations.

"The U.S. cannot give themselves the right to investigate anti-doping cases in all countries in the world," Banka told AFP. "This case is actually very concerning." He added that if other countries followed the U.S.'s lead and enacted similar legislation, it could lead to chaos in the global anti-doping movement.

In response to these concerns, WADA announced that it would take the United States Anti-Doping Agency (USADA) to its independent Compliance Review Committee next month. This will mark the first time WADA has taken the U.S. anti-doping body to the review committee, potentially jeopardizing the U.S.'s ability to host the 2028 and 2034 Olympics.

Challenges to global anti-doping efforts

Experts warn that the Rodchenkov Act's extension of U.S. jurisdiction could disrupt the unity and effectiveness of global anti-doping efforts. By imposing its legal standards on international sports, the U.S. risks weakening the authority of organizations like WADA, potentially leading to a fragmented approach to anti-doping enforcement.

"The decision to launch its own investigation demonstrates that the U.S. is not only willing to create an extraterritorial enforcement regime against sport corruption but also has the political will to exercise such powers," noted Adam Masters, a senior lecturer in criminology in the Centre for Social Research and Methods at the Australian National University.

"But the devil is in the details of RADA and the extraterritorial powers the U.S. has granted itself to criminalize doping conspiracies in elite sporting competitions across the world," he added.

Amid rising concerns, International Olympic Committee (IOC) President Thomas Bach stressed the importance of respecting WADA's authority. "We recognize WADA as the supreme authority in anti-doping," he said at a press conference on the sidelines of the Paris Olympics on Saturday. Bach reaffirmed the IOC's confidence in WADA and urged all parties, including USADA, to engage in dialogue to resolve disputes and ensure fair treatment for athletes.

Richard Pound, a former IOC member and founding chairman of WADA, noted that the U.S. could jeopardize its chances of hosting future Olympic Games if it continues to enforce RADA without adhering to international norms. 

"That legislation is noncompliant with the anti-doping code," Pound said.

Back at the time of the bill's passage in November 2020, both the IOC and WADA raised alarms, particularly about the exclusion of U.S. professional and college athletes from its provisions.

The IOC questioned why American athletes were exempt from the legislation, especially given that U.S. professional leagues and college sports were originally included in the draft of the bill. These entities, which do not adhere to the World Anti-Doping Code, were later removed from the bill without explanation.

"The IOC continues to encourage the U.S. professional leagues, in which the most popular American athletes play, and the U.S. college sports organization (NCAA), from which the vast majority of the most successful U.S. athletes come, to apply the World Anti-Doping Code," the IOC said in a statement. "Unfortunately, they are exempt from this new Act, and they have so far not accepted the World Anti-Doping Code."

The IOC awarded Salt Lake City the 2034 Winter Games in July but included a clause allowing them to cancel the host contract if WADA's authority is not respected or if anti-doping efforts are compromised. This amendment underscores the IOC's concerns about U.S. jurisdictional overreach, particularly in light of RADA.

A U.S. anti-doping law at the center of a dispute with the IOC poses a threat to the safety of the Olympic movement and needs to be addressed following the country's selection to host the 2034 Winter Games, according to two-time NBA champion and IOC member Pau Gasol.

"There's a big issue when it comes to the Rodchenkov Act and how that law has passed through Congress and the effect it could have in international sports," Gasol said during a press conference in August.

"The potential ability for U.S. authorities to detain people potentially also, from my understanding, outside of U.S. soil ... so this jeopardizes the safety of officials and people in the Olympic movement, in the sports movement," he added.