What changed between these versions
A complete substitute amendment. v2 entirely replaces the operative text of v1, restructuring the definitions related to anti-doping policy and significantly revising the Office of National Drug Control Policy's authority and responsibilities concerning the World Anti-Doping Agency, including the determination process for WADA compliance and the conditions for withholding US dues.
Overview
Extensive changes throughout the bill, as v2 is a complete substitute for the original text. · v2 restructures and refines the authority and oversight mechanisms, particularly regarding the determination process and accountability measures for the World Anti-Doping Agency, while maintaining the overall intent of strengthening US influence and anti-doping standards.
v2 is a complete substitute amendment, replacing all operative text of v1. The core changes involve a comprehensive rewrite of the definitions section, including a revised definition of "independent athlete" and the introduction of "amateur athlete" and "amateur athletic competition." Furthermore, the new version significantly modifies the Office of National Drug Control Policy's authority and responsibilities concerning the World Anti-Doping Agency, altering the annual determination process, accountability measures, and the conditions for withholding US membership dues.
Major additions
This new paragraph defines the term "amateur athlete" by referencing section 220501(b)(1) of title 36, United States Code.
This addition provides a clear statutory definition for "amateur athlete" within the context of the Act, which was not explicitly present in v1's definitions, potentially clarifying the scope of individuals covered by related provisions.
This new paragraph defines the term "amateur athletic competition" by referencing section 220501(b)(2) of title 36, United States Code.
Similar to the "amateur athlete" definition, this provides a clear statutory definition for "amateur athletic competition," which was not explicitly defined in v1's definitions, clarifying the scope of activities covered.
This new subparagraph specifies that any funds made available for US membership dues to the World Anti-Doping Agency that have been voluntarily withheld and not obligated by the end of an applicable fiscal year shall be returned to the general fund of the Treasury.
This addition provides a clear legal directive for the disposition of unspent funds that were withheld due to WADA's non-compliance, ensuring fiscal accountability and preventing funds from remaining in limbo.
Modifications
The revised definitions provide a more comprehensive framework for terms used in the Act. The expanded "independent athlete" definition potentially broadens the pool of eligible athletes for decision-making roles but also adds a new exclusion, affecting who qualifies as "independent." The introduction of "amateur athlete" and "amateur athletic competition" provides foundational definitions for the Act's scope.
Before
v1's subsection (a) defined "United States Olympic and Paralympic Committee" and "Independent athlete," corrected a statutory reference for "amateur athlete," and reordered paragraphs. The "Independent athlete" definition focused on Olympic or Paralympic athletes not serving on specific international or national sports bodies or WADA.
After
v2 completely rewrites subsection (a) to define "Amateur athlete," "Amateur athletic competition," "Independent athlete," and "United States Olympic and Paralympic Committee." The "Independent athlete" definition is expanded to include "current or former amateur athlete" and adds "national governing body" to the list of excluded affiliations.
The direct statutory link in subsection (b) to ONDCP's WADA responsibilities is removed, though the responsibilities themselves are detailed in the new subsection (d). This streamlines the amendment to subsection (b) to focus solely on the committee name change.
Before
v1's Section 2(b) replaced "United States Olympic Committee" with "United States Olympic and Paralympic Committee" throughout subsection (b), changed a period to "; and" in paragraph (5), and added a new paragraph (6) outlining ONDCP's responsibilities regarding WADA.
After
v2's Section 2(b) only replaces "United States Olympic Committee" with "United States Olympic and Paralympic Committee" each place it appears in subsection (b). It does not include the other changes from v1's Section 2(b), such as adding a new paragraph (6).
This change introduces a regular, structured assessment of WADA's compliance, providing ongoing oversight rather than a one-time directive. It refines the specific aspects of WADA's operations that ONDCP must evaluate, focusing on governance, reform implementation, and athlete selection processes.
Before
v1's Section 2(d)(1) mandated ONDCP to use all available tools to ensure WADA has credible governance, implements reforms (including conflict-of-interest policy), allows independent athlete decision-making roles, demonstrates leadership, counters systemic doping fraud, and collaborates with democratic countries.
After
v2's Section 2(d)(1) establishes an *annual* determination process, starting 180 days after enactment, for ONDCP (in consultation with USADA, USOPC, and the Athletes' Advisory Council) to assess whether WADA has credible governance, fully implements or has implemented reforms for independent governance, and has fair processes for selecting independent athletes for decision-making roles.
This change gives ONDCP more flexibility in how it addresses WADA non-compliance, potentially reducing the direct statutory pressure to ensure specific US representation on WADA bodies, while still requiring active engagement to achieve compliance.
Before
v1's Section 2(d)(2)(B) mandated that if WADA failed the initial determination, ONDCP was required to use all available tools to ensure fair US representation on WADA committees and issue a report describing barriers within 180 days.
After
v2's Section 2(d)(2) states that if WADA fails the annual determination, ONDCP (with consultations) 'shall use all available tools and best efforts to bring the World Anti-Doping Agency into compliance with the criteria set forth in that paragraph.' The specific mandate to ensure fair US representation on committees is removed, and the reporting requirement is moved to a separate paragraph (d)(3).
Clarifies the reporting obligation as a distinct and mandatory step following a negative determination, ensuring Congress is regularly informed of ongoing issues regarding US representation and WADA compliance.
Before
v1's Section 2(d)(3) outlined the conditions for voluntary nonpayment of dues if WADA failed the determination and defined 'appropriate committees of Congress.'
After
v2's Section 2(d)(3) outlines the requirement for ONDCP (with consultations) to submit a report to the appropriate committees of Congress within 180 days after a negative determination, describing the barriers to participation and fair representation of the United States on WADA bodies.
Provides a clearer legal framework for the disposition of funds if dues are withheld, ensuring accountability for unspent appropriations. The ability to withhold 'any funds made available' clarifies the scope of the withholding authority.
Before
v1's Section 2(d)(4) outlined the requirement for ONDCP to submit a spending plan to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives 30 days before obligating funds to WADA.
After
v2's Section 2(d)(4) outlines the conditions for voluntary nonpayment of dues, similar to v1's (d)(3), but specifies 'any funds made available for the payment of the United States membership dues' rather than just 'membership dues.' It also adds a new subparagraph (B) regarding the return of withheld funds to the Treasury.
Expands the congressional audience for the spending plan, ensuring broader oversight by all 'appropriate committees of Congress' as defined in v2.
Before
v1's Section 2(d)(4) contained the spending plan requirement, specifying submission to the Senate and House Appropriations Committees.
After
v2's Section 2(d)(5) contains the spending plan requirement, specifying submission to the 'appropriate committees of Congress' (as defined in v2's (d)(6)) 30 days before obligating funds to WADA.
Expands the scope of congressional oversight by involving the full committees rather than just specific subcommittees, potentially increasing the number of members and staff engaged with ONDCP's WADA-related activities.
Before
v1's Section 2(d)(3)(B) defined 'appropriate committees of Congress' by listing specific subcommittees in both the Senate (Consumer Protection, Product Safety, and Data Security; Financial Services and General Government) and House (Oversight and Investigations; Financial Services and General Government).
After
v2's Section 2(d)(6) defines 'appropriate committees of Congress' by listing the full committees (e.g., Committee on Commerce, Science, and Transportation of the Senate; Committee on Appropriations of the Senate) rather than specific subcommittees.
Scope
Complete substitute — Changes are scattered throughout the core operative section of the bill, specifically Section 2, which amends 21 U.S.C. 2001. — While the overall policy direction of strengthening US influence and anti-doping standards at WADA remains, v2 represents a meaningful refinement in the mechanisms and specificity of ONDCP's authority and accountability requirements. — The changes to definitions in subsection (a) would affect any part of the amended Act that references those terms. The restructuring of ONDCP's authority in subsection (d) completely redefines its operational framework regarding WADA, impacting how the agency interacts with the global anti-doping body and Congress.
Impact analysis
Office of National Drug Control Policy (ONDCP)
Procedural change and increased flexibility, with an ongoing annual reporting and determination cycle.
ONDCP's responsibilities regarding WADA are restructured from a general directive to an annual determination process. The specific mandate to ensure fair US representation on WADA committees is replaced with a broader 'best efforts' clause to bring WADA into compliance.
World Anti-Doping Agency (WADA)
Increased ongoing scrutiny and potential for annual withholding of US dues, but ONDCP's response to non-compliance is less specifically mandated.
WADA will now be subject to an *annual* determination of its governance, reform implementation, and athlete selection processes by ONDCP, rather than a one-time assessment. The criteria for this determination are slightly refined, focusing on 'fair processes and procedures to select' independent athletes.
Independent athletes (US and democratic countries)
Potential for more structured and fair selection processes for decision-making roles, with a slightly altered definition of who qualifies as 'independent'.
The definition of 'independent athlete' is broadened to include 'current or former amateur athlete' but also adds 'national governing body' to the list of excluded affiliations. The criteria for WADA's compliance now focus on 'fair processes and procedures to select' independent athletes, rather than simply 'allowing' them decision-making roles.
US Congress (specifically relevant committees)
Increased oversight and clearer financial accountability for withheld funds.
The definition of 'appropriate committees of Congress' is broadened from specific subcommittees to full committees, increasing the number of committees involved in oversight. A new provision explicitly states that withheld funds not obligated by fiscal year end shall be returned to the Treasury.