II 

116TH CONGRESS 

2D SESSION S. 4547 

To improve the integrity and safety of horseracing by requiring uniform 

safety and performance standards, including a horseracing anti-doping 

and medication control program and a racetrack safety program to 

be developed and enforced by an independent Horseracing Integrity and 

Safety Authority, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 9, 2020 

Mr. MCCONNELL (for himself, Mrs. GILLIBRAND, Ms. MCSALLY, and Mrs. 

FEINSTEIN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To improve the integrity and safety of horseracing by requiring uniform safety and performance standards, including 

a horseracing anti-doping and medication control program and a racetrack safety program to be developed 

and enforced by an independent Horseracing Integrity 

and Safety Authority, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Horseracing Integrity 

5 and Safety Act of 2020’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) AUTHORITY.—The term ‘‘Authority’’ means 

4 the Horseracing Integrity and Safety Authority des5 ignated by section 3(a). 

6 (2) COMMISSION.—The term ‘‘Commission’’ 

7 means the Federal Trade Commission. 

8 (3) COVERED HORSE.—The term ‘‘covered 

9 horse’’ means any Thoroughbred horse, or any other 

10 horse made subject to this Act by election of the ap11 plicable State racing commission or the breed gov12 erning organization for such horse under section 

13 5(k), during the period— 

14 (A) beginning on the date of the horse’s 

15 first timed and reported workout at a racetrack 

16 that participates in covered horseraces or at a 

17 training facility; and 

18 (B) ending on the date on which the Au19 thority receives written notice that the horse 

20 has been retired. 

21 (4) COVERED HORSERACE.—The term ‘‘covered 

22 horserace’’ means any horserace involving covered 

23 horses that has a substantial relation to interstate 

24 commerce, including any Thoroughbred horserace 

25 that is the subject of interstate off-track or advance 

26 deposit wagers. 


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1 (5) COVERED PERSONS.—The term ‘‘covered 

2 persons’’ means all trainers, owners and breeders, 

3 jockeys, racetracks, veterinarians, persons (legal and 

4 natural) licensed by a State racing commission and 

5 the agents, assigns, and employees of such persons 

6 and other horse support personnel who are engaged 

7 in the care, training, or racing of covered horses. 

8 (6) EQUINE CONSTITUENCIES.—The term 

9 ‘‘equine constituencies’’ means, collectively, owners 

10 and breeders, trainers, racetracks, veterinarians, 

11 State racing commissions, and jockeys who are en12 gaged in the care, training, or racing of covered 

13 horses. 

14 (7) EQUINE INDUSTRY REPRESENTATIVE.—The 

15 term ‘‘equine industry representative’’ means an or16 ganization regularly and significantly engaged in the 

17 equine industry, including organizations that rep18 resent the interests of, and whose membership con19 sists of, owners and breeders, trainers, racetracks, 

20 veterinarians, State racing commissions, and jock21 eys. 

22 (8) HORSERACING ANTI-DOPING AND MEDICA23 TION CONTROL PROGRAM.—The term ‘‘horseracing 

24 anti-doping and medication control program’’ means 


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1 the anti-doping and medication program established 

2 under section 6(a). 

3 (9) IMMEDIATE FAMILY MEMBER.—The term 

4 ‘‘immediate family member’’ shall include a spouse, 

5 domestic partner, mother, father, aunt, uncle, sib6 ling, or child. 

7 (10) INTERSTATE OFF-TRACK WAGER.—The 

8 term ‘‘interstate off-track wager’’ has the meaning 

9 given such term in section 3 of the Interstate Horse10 racing Act of 1978 (15 U.S.C. 3002). 

11 (11) JOCKEY.—The term ‘‘jockey’’ means a 

12 rider or driver of a covered horse in covered 

13 horseraces. 

14 (12) OWNERS AND BREEDERS.—The term 

15 ‘‘owners and breeders’’ means those persons who ei16 ther hold ownership interests in covered horses or 

17 who are in the business of breeding covered horses. 

18 (13) PROGRAM EFFECTIVE DATE.—The term 

19 ‘‘program effective date’’ means the earlier of— 

20 (A) January 1 of the second year after the 

21 date of the enactment of this Act; or 

22 (B) the date that is 540 days after such 

23 date of enactment. 


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1 (14) RACETRACK.—The term ‘‘racetrack’’ 

2 means an organization licensed by a State racing 

3 commission to conduct covered horseraces. 

4 (15) RACETRACK SAFETY PROGRAM.—The term 

5 ‘‘racetrack safety program’’ means the program es6 tablished under section 7(a). 

7 (16) STAKES RACE.—The term ‘‘stakes race’’ 

8 means any race so designated by the racetrack at 

9 which such race is run, including, without limitation, 

10 the races comprising the Breeders’ Cup World 

11 Championships and the races designated as graded 

12 stakes by the American Graded Stakes Committee of 

13 the Thoroughbred Owners and Breeders Association. 

14 (17) STATE RACING COMMISSION.—The term 

15 ‘‘State racing commission’’ means an entity des16 ignated by State law or regulation that has jurisdic17 tion over the conduct of horseracing within the ap18 plicable State. 

19 (18) TRAINER.—The term ‘‘trainer’’ means an 

20 individual engaged in the training of covered horses. 

21 (19) TRAINING FACILITY.—The term ‘‘training 

22 facility’’ means a location that is not a racetrack li23 censed by a State racing commission that operates 

24 primarily to house covered horses and conduct offi25 cial timed workouts. 


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1 (20) VETERINARIAN.—The term ‘‘veterinarian’’ 

2 means a licensed veterinarian who provides veteri3 nary services to covered horses. 

4 (21) WORKOUT.—The term ‘‘workout’’ means a 

5 timed running of a horse over a predetermined dis6 tance not associated with a race or its first quali7 fying race, if such race is made subject to this Act 

8 by election under section 5(k) of the horse’s breed 

9 governing organization or the applicable State racing 

10 commission. 

11 SEC. 3. RECOGNITION OF THE HORSERACING INTEGRITY 

12 AND SAFETY AUTHORITY. 

13 (a) IN GENERAL.—The private, independent, self14 regulatory, nonprofit corporation, to be known as the 

15 ‘‘Horseracing Integrity and Safety Authority’’, is recog16 nized for purposes of developing and implementing a 

17 horseracing anti-doping and medication control program 

18 and a racetrack safety program for covered horses, cov19 ered persons, and covered horseraces. 

20 (b) BOARD OF DIRECTORS.— 

21 (1) MEMBERSHIP.—The Authority shall be gov22 erned by a board of directors (in this section re23 ferred to as the ‘‘Board’’) comprised of nine mem24 bers as follows: 


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1 (A) INDEPENDENT MEMBERS.—Five mem2 bers of the Board shall be independent mem3 bers selected from outside the equine industry. 

4 (B) INDUSTRY MEMBERS.— 

5 (i) IN GENERAL.—Four members of 

6 the Board shall be industry members se7 lected from among the various equine con8 stituencies. 

9 (ii) REPRESENTATION OF EQUINE

10 CONSTITUENCIES.—The industry members 

11 shall be representative of the various 

12 equine constituencies, and shall include not 

13 more than one industry member from any 

14 one equine constituency. 

15 (2) CHAIR.—The chair of the Board shall be an 

16 independent member described in paragraph (1)(A). 

17 (3) BYLAWS.—The Board of the Authority shall 

18 be governed by bylaws for the operation of the Au19 thority with respect to— 

20 (A) the administrative structure and em21 ployees of the Authority; 

22 (B) the establishment of standing commit23 tees; 

24 (C) the procedures for filling vacancies on 

25 the Board and the standing committees; 


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1 (D) term limits for members and termi2 nation of membership; and 

3 (E) any other matter the Board considers 

4 necessary. 

5 (c) STANDING COMMITTEES.— 

6 (1) ANTI-DOPING AND MEDICATION CONTROL

7 STANDING COMMITTEE.— 

8 (A) IN GENERAL.—The Authority shall es9 tablish an anti-doping and medication control 

10 standing committee, which shall provide advice 

11 and guidance to the Board on the development 

12 and maintenance of the horseracing anti-doping 

13 and medication control program. 

14 (B) MEMBERSHIP.—The anti-doping and 

15 medication control standing committee shall be 

16 comprised of seven members as follows: 

17 (i) INDEPENDENT MEMBERS.—A ma18 jority of the members shall be independent 

19 members selected from outside the equine 

20 industry. 

21 (ii) INDUSTRY MEMBERS.—A minority 

22 of the members shall be industry members 

23 selected to represent the various equine 

24 constituencies, and shall include not more 


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1 than one industry member from any one 

2 equine constituency. 

3 (iii) QUALIFICATION.—A majority of 

4 individuals selected to serve on the anti5 doping and medication control standing 

6 committee shall have significant, recent ex7 perience in anti-doping and medication 

8 control rules. 

9 (C) CHAIR.—The chair of the anti-doping 

10 and medication control standing committee 

11 shall be an independent member of the Board 

12 described in subsection (b)(1)(A). 

13 (2) RACETRACK SAFETY STANDING COM14 MITTEE.— 

15 (A) IN GENERAL.—The Authority shall es16 tablish a racetrack safety standing committee, 

17 which shall provide advice and guidance to the 

18 Board on the development and maintenance of 

19 the racetrack safety program. 

20 (B) MEMBERSHIP.—The racetrack safety 

21 standing committee shall be comprised of seven 

22 members as follows: 

23 (i) INDEPENDENT MEMBERS.—A ma24 jority of the members shall be independent 


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1 members selected from outside the equine 

2 industry. 

3 (ii) INDUSTRY MEMBERS.—A minority 

4 of the members shall be industry members 

5 selected to represent the various equine 

6 constituencies. 

7 (C) CHAIR.—The chair of the racetrack 

8 safety standing committee shall be an industry 

9 member of the Board described in subsection 

10 (b)(1)(B). 

11 (d) NOMINATING COMMITTEE.— 

12 (1) MEMBERSHIP.— 

13 (A) IN GENERAL.—The nominating com14 mittee of the Authority shall be comprised of 

15 seven independent members selected from busi16 ness, sports, and academia. 

17 (B) INITIAL MEMBERSHIP.—The initial 

18 nominating committee members shall be set 

19 forth in the governing corporate documents of 

20 the Authority. 

21 (C) VACANCIES.—After the initial com22 mittee members are appointed in accordance 

23 with subparagraph (B), vacancies shall be filled 

24 by the Board pursuant to rules established by 

25 the Authority. 


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1 (2) CHAIR.—The chair of the nominating com2 mittee shall be selected by the nominating committee 

3 from among the members of the nominating com4 mittee. 

5 (3) SELECTION OF MEMBERS OF THE BOARD

6 AND STANDING COMMITTEES.— 

7 (A) INITIAL MEMBERS.—The nominating 

8 committee shall select the initial members of 

9 the Board and the standing committees de10 scribed in subsection (c). 

11 (B) SUBSEQUENT MEMBERS.—The nomi12 nating committee shall recommend individuals 

13 to fill any vacancy on the Board or on such 

14 standing committees. 

15 (e) CONFLICTS OF INTEREST.—To avoid conflicts of 

16 interest, the following individuals may not be selected as 

17 a member of the Board or as an independent member of 

18 a nominating or standing committee under this section: 

19 (1) An individual who has a financial interest 

20 in, or provides goods or services to, covered horses. 

21 (2) An official or officer— 

22 (A) of an equine industry representative; 

23 or 


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1 (B) who serves in a governance or policy2 making capacity for an equine industry rep3 resentative. 

4 (3) An employee of, or an individual who has a 

5 business or commercial relationship with, an indi6 vidual described in paragraph (1) or (2). 

7 (4) An immediate family member of an indi8 vidual described in paragraph (1) or (2). 

9 (f) FUNDING.— 

10 (1) INITIAL FUNDING.— 

11 (A) IN GENERAL.—Initial funding to es12 tablish the Authority and underwrite its oper13 ations before the program effective date shall be 

14 provided by loans obtained by the Authority. 

15 (B) BORROWING.—The Authority may bor16 row funds toward the funding of its operations. 

17 (C) ANNUAL CALCULATION OF AMOUNTS

18 REQUIRED.— 

19 (i) IN GENERAL.—Not later than the 

20 date that is 90 days before the program ef21 fective date, and not later than November 

22 1 each year thereafter, the Authority shall 

23 determine and provide to each State racing 

24 commission the estimated amount required 

25 from the State— 


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1 (I) to fund the State’s propor2 tionate share of the horseracing anti3 doping and medication control pro4 gram and the racetrack safety pro5 gram for the next calendar year; and 

6 (II) to liquidate the State’s pro7 portionate share of any loan or fund8 ing shortfall in the current calendar 

9 year and any previous calendar year. 

10 (ii) BASIS OF CALCULATION.—The 

11 amounts calculated under clause (i) shall— 

12 (I) be based on— 

13 (aa) the annual budget of 

14 the Authority for the following 

15 calendar year, as approved by the 

16 Board; and 

17 (bb) the projected amount of 

18 covered racing starts for the year 

19 in each State; and 

20 (II) take into account other 

21 sources of Authority revenue. 

22 (iii) REQUIREMENTS REGARDING

23 BUDGETS OF AUTHORITY.— 


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1 (I) INITIAL BUDGET.—The initial 

2 budget of the Authority shall require 

the approval of 2 3 ⁄3 of the Board. 

4 (II) SUBSEQUENT BUDGETS.— 

5 Any subsequent budget that exceeds 

6 the budget of the preceding calendar 

7 year by more than 5 percent shall require the approval of 2 8 ⁄3 of the Board. 

9 (iv) RATE INCREASES.— 

10 (I) IN GENERAL.—A proposed in11 crease in the amount required under 

12 this subparagraph shall be reported to 

13 the Commission. 

14 (II) NOTICE AND COMMENT.— 

15 The Commission shall publish in the 

16 Federal Register such a proposed in17 crease and provide an opportunity for 

18 public comment. 

19 (2) ASSESSMENT AND COLLECTION OF FEES BY

20 STATES.— 

21 (A) NOTICE OF ELECTION.—Any State 

22 racing commission that elects to remit fees pur23 suant to this subsection shall notify the Author24 ity of such election not later than 60 days be25 fore the program effective date. 


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1 (B) REQUIREMENT TO REMIT FEES.— 

2 After a State racing commission makes a notifi3 cation under subparagraph (A), the election 

4 shall remain in effect and the State racing com5 mission shall be required to remit fees pursuant 

6 to this subsection according to a schedule estab7 lished in rule developed by the Authority and 

8 approved by the Commission. 

9 (C) WITHDRAWAL OF ELECTION.—A State 

10 racing commission may cease remitting fees 

11 under this subsection not earlier than one year 

12 after notifying the Authority of the intent of 

13 the State racing commission to do so. 

14 (D) DETERMINATION OF METHODS.—Each 

15 State racing commission shall determine, sub16 ject to the applicable laws, regulations, and con17 tracts of the State, the method by which the 

18 requisite amount of fees, such as foal registra19 tion fees, sales contributions, starter fees, and 

20 track fees, and other fees on covered persons, 

21 shall be allocated, assessed, and collected. 

22 (3) ASSESSMENT AND COLLECTION OF FEES BY

23 THE AUTHORITY.— 

24 (A) CALCULATION.—If a State racing com25 mission does not elect to remit fees pursuant to 


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1 paragraph (2) or withdraws its election under 

2 such paragraph, the Authority shall, not less 

3 frequently than monthly, calculate the applica4 ble fee per racing start multiplied by the num5 ber of racing starts in the State during the pre6 ceding month. 

7 (B) ALLOCATION.—The Authority shall al8 locate equitably the amount calculated under 

9 subparagraph (A) collected among covered per10 sons involved with covered horseraces pursuant 

11 to such rules as the Authority may promulgate. 

12 (C) ASSESSMENT AND COLLECTION.— 

13 (i) IN GENERAL.—The Authority shall 

14 assess a fee equal to the allocation made 

15 under subparagraph (B) and shall collect 

16 such fee according to such rules as the Au17 thority may promulgate. 

18 (ii) REMITTANCE OF FEES.—Covered 

19 persons described in subparagraph (B) 

20 shall be required to remit such fees to the 

21 Authority. 

22 (D) LIMITATION.—A State racing commis23 sion that does not elect to remit fees pursuant 

24 to paragraph (2) or that withdraws its election 

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1 lect from any person a fee or tax relating to 

2 anti-doping and medication control or racetrack 

3 safety matters for covered horseraces. 

4 (4) FEES AND FINES.—Fees and fines imposed 

5 by the Authority shall be allocated toward funding 

6 of the Authority and its activities. 

7 (5) RULE OF CONSTRUCTION.—Nothing in this 

8 Act shall be construed to require— 

9 (A) the appropriation of any amount to the 

10 Authority; or 

11 (B) the Federal Government to guarantee 

12 the debts of the Authority. 

13 (g) QUORUM.—For all items where Board approval 

14 is required, the Authority shall have present a majority 

15 of independent members. 

16 SEC. 4. FEDERAL TRADE COMMISSION OVERSIGHT. 

17 (a) IN GENERAL.—The Authority shall submit to the 

18 Commission, in accordance with such rules as the Com19 mission may prescribe under section 553 of title 5, United 

20 States Code, any proposed rule, or proposed modification 

21 to a rule, of the Authority relating to— 

22 (1) the bylaws of the Authority; 

23 (2) a list of permitted and prohibited medica24 tions, substances, and methods, including allowable 


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1 limits of permitted medications, substances, and 

2 methods; 

3 (3) laboratory standards for accreditation and 

4 protocols; 

5 (4) standards for racing surface quality mainte6 nance; 

7 (5) racetrack safety standards and protocols; 

8 (6) a program for injury and fatality data anal9 ysis; 

10 (7) a program of research and education on 

11 safety, performance, and anti-doping and medication 

12 control; 

13 (8) a description of safety, performance, and 

14 anti-doping and medication control rule violations 

15 applicable to covered horses and covered persons; 

16 (9) a schedule of civil sanctions for violations; 

17 (10) a process or procedures for disciplinary 

18 hearings; and 

19 (11) a formula or methodology for determining 

20 assessments described in section 3(f). 

21 (b) PUBLICATION AND COMMENT.— 

22 (1) IN GENERAL.—The Commission shall— 

23 (A) publish in the Federal Register each 

24 proposed rule or modification submitted under 

25 subsection (a); and 


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1 (B) provide an opportunity for public com2 ment. 

3 (2) APPROVAL REQUIRED.—A proposed rule, or 

4 a proposed modification to a rule, of the Authority 

5 shall not take effect unless the proposed rule or 

6 modification has been approved by the Commission. 

7 (c) DECISION ON PROPOSED RULE OR MODIFICA8 TION TO A RULE.— 

9 (1) IN GENERAL.—Not later than 60 days after 

10 the date on which a proposed rule or modification is 

11 published in the Federal Register, the Commission 

12 shall approve or disapprove the proposed rule or 

13 modification. 

14 (2) CONDITIONS.—The Commission shall ap15 prove a proposed rule or modification if the Commis16 sion finds that the proposed rule or modification is 

17 consistent with— 

18 (A) this Act; and 

19 (B) applicable rules approved by the Com20 mission. 

21 (3) REVISION OF PROPOSED RULE OR MODI22 FICATION.— 

23 (A) IN GENERAL.—In the case of dis24 approval of a proposed rule or modification 

25 under this subsection, not later than 30 days 


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1 after the issuance of the disapproval, the Com2 mission shall make recommendations to the Au3 thority to modify the proposed rule or modifica4 tion. 

5 (B) RESUBMISSION.—The Authority may 

6 resubmit for approval by the Commission a pro7 posed rule or modification that incorporates the 

8 modifications recommended under subpara9 graph (A). 

10 (d) PROPOSED STANDARDS AND PROCEDURES.— 

11 (1) IN GENERAL.—The Authority shall submit 

12 to the Commission any proposed rule, standard, or 

13 procedure developed by the Authority to carry out 

14 the horseracing anti-doping and medication control 

15 program or the racetrack safety program. 

16 (2) NOTICE AND COMMENT.—The Commission 

17 shall publish in the Federal Register any such pro18 posed rule, standard, or procedure and provide an 

19 opportunity for public comment. 

20 (e) INTERIM FINAL RULES.—The Commission may 

21 adopt an interim final rule, to take effect immediately, 

22 under conditions specified in section 553(b)(B) of title 5, 

23 United States Code, if the Commission finds that such a 

24 rule is necessary to protect— 

25 (1) the health and safety of covered horses; or 


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1 (2) the integrity of covered horseraces and wa2 gering on those horseraces. 

3 SEC. 5. JURISDICTION OF THE COMMISSION AND THE 

4 HORSERACING INTEGRITY AND SAFETY AU5 THORITY. 

6 (a) IN GENERAL.—Beginning on the program effec7 tive date, the Commission, the Authority, and the anti8 doping and medication control enforcement agency, each 

9 within the scope of their powers and responsibilities under 

10 this Act, as limited by subsection (j), shall— 

11 (1) implement and enforce the horseracing anti12 doping and medication control program and the 

13 racetrack safety program; 

14 (2) exercise independent and exclusive national 

15 authority over— 

16 (A) the safety, welfare, and integrity of 

17 covered horses, covered persons, and covered 

18 horseraces; and 

19 (B) all horseracing safety, performance, 

20 and anti-doping and medication control matters 

21 for covered horses, covered persons, and covered 

22 horseraces; and 

23 (3) have safety, performance, and anti-doping 

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1 sons similar to such authority of the State racing 

2 commissions before the program effective date. 

3 (b) PREEMPTION.—The rules of the Authority pro4 mulgated in accordance with this Act shall preempt any 

5 provision of State law or regulation with respect to mat6 ters within the jurisdiction of the Authority under this 

7 Act, as limited by subsection (j). Nothing contained in this 

8 Act shall be construed to limit the authority of the Com9 mission under any other provision of law. 

10 (c) DUTIES.— 

11 (1) IN GENERAL.—The Authority— 

12 (A) shall develop uniform procedures and 

13 rules authorizing— 

14 (i) access to offices, racetrack facili15 ties, other places of business, books, 

16 records, and personal property of covered 

17 persons that are used in the care, treat18 ment, training, and racing of covered 

19 horses; 

20 (ii) issuance and enforcement of sub21 poenas and subpoenas duces tecum; and 

22 (iii) other investigatory powers of the 

23 nature and scope exercised by State racing 

24 commissions before the program effective 

25 date; and 


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1 (B) with respect to an unfair or deceptive 

2 act or practice described in section 10, may rec3 ommend that the Commission commence an en4 forcement action. 

5 (2) APPROVAL OF COMMISSION.—The proce6 dures and rules developed under paragraph (1)(A) 

7 shall be subject to approval by the Commission in 

8 accordance with section 4. 

9 (d) REGISTRATION OF COVERED PERSONS WITH AU10 THORITY.— 

11 (1) IN GENERAL.—As a condition of partici12 pating in covered races and in the care, ownership, 

13 treatment, and training of covered horses, a covered 

14 person shall register with the Authority in accord15 ance with rules promulgated by the Authority and 

16 approved by the Commission in accordance with sec17 tion 4. 

18 (2) AGREEMENT WITH RESPECT TO AUTHORITY

19 RULES, STANDARDS, AND PROCEDURES.—Registra20 tion under this subsection shall include an agree21 ment by the covered person to be subject to and 

22 comply with the rules, standards, and procedures de23 veloped and approved under subsection (c). 

24 (3) COOPERATION.—A covered person reg25 istered under this subsection shall, at all times— 


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1 (A) cooperate with the Commission, the 

2 Authority, the anti-doping and medication con3 trol enforcement agency, and any respective 

4 designee, during any civil investigation; and 

5 (B) respond truthfully and completely to 

6 the best of the knowledge of the covered person 

7 if questioned by the Commission, the Authority, 

8 the anti-doping and medication control enforce9 ment agency, or any respective designee. 

10 (4) FAILURE TO COMPLY.—Any failure of a 

11 covered person to comply with this subsection shall 

12 be a violation of section 8(a)(2)(G). 

13 (e) ENFORCEMENT OF PROGRAMS.— 

14 (1) ANTI-DOPING AND MEDICATION CONTROL

15 ENFORCEMENT AGENCY.— 

16 (A) AGREEMENT WITH USADA.—The Au17 thority shall seek to enter into an agreement 

18 with the United States Anti-Doping Agency 

19 under which the Agency acts as the anti-doping 

20 and medication control enforcement agency 

21 under this Act for services consistent with the 

22 horseracing anti-doping and medication control 

23 program. 

24 (B) AGREEMENT WITH OTHER ENTITY.—If 

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1 Doping Agency are unable to enter into the 

2 agreement described in subparagraph (A), the 

3 Authority shall enter into an agreement with an 

4 entity that is nationally recognized as being a 

5 medication regulation agency equal in qualifica6 tion to the United States Anti-Doping Agency 

7 to act as the anti-doping and medication control 

8 enforcement agency under this Act for services 

9 consistent with the horseracing anti-doping and 

10 medication control program. 

11 (C) NEGOTIATIONS.—Any negotiations 

12 under this paragraph shall be conducted in 

13 good faith and designed to achieve efficient, ef14 fective best practices for anti-doping and medi15 cation control and enforcement on commercially 

16 reasonable terms. 

17 (D) ELEMENTS OF AGREEMENT.—Any 

18 agreement under this paragraph shall include a 

19 description of the scope of work, performance 

20 metrics, reporting obligations, budgets of the 

21 United States Anti-Doping Agency while acting 

22 as the anti-doping and medication control en23 forcement agency under this Act, a provision 

24 for the revision of the agreement to increase in 

25 the scope of work, as provided in subsection (k), 


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1 and any other matter the Authority considers 

2 appropriate. 

3 (E) DUTIES AND POWERS OF ENFORCE4 MENT AGENCY.—The anti-doping and medica5 tion control enforcement agency under an 

6 agreement under this paragraph shall— 

7 (i) serve as the independent anti8 doping and medication control enforcement 

9 organization for covered horses, covered 

10 persons, and covered horseraces, imple11 menting the anti-doping and medication 

12 control program on behalf of the Author13 ity; 

14 (ii) ensure that covered horses and 

15 covered persons are deterred from using or 

16 administering medications, substances, and 

17 methods in violation of the rules estab18 lished in accordance with this Act; 

19 (iii) implement anti-doping education, 

20 research, testing, compliance and adjudica21 tion programs designed to prevent covered 

22 persons and covered horses from using or 

23 administering medications, substances, and 

24 methods in violation of the rules estab25 lished in accordance with this Act; 


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1 (iv) exercise the powers specified in 

2 section 6(c)(4) in accordance with that sec3 tion; and 

4 (v) implement and undertake any 

5 other responsibilities specified in the agree6 ment. 

7 (F) TERM AND EXTENSION.— 

8 (i) TERM OF INITIAL AGREEMENT.— 

9 The initial agreement entered into by the 

10 Authority under this paragraph shall be in 

11 effect for the 5-year period beginning on 

12 the program effective date. 

13 (ii) EXTENSION.—At the end of the 5- 

14 year period described in clause (i), the Au15 thority may— 

16 (I) extend the term of the initial 

17 agreement under this paragraph for 

18 such additional term as is provided by 

19 the rules of the Authority and con20 sistent with this Act; or 

21 (II) enter into an agreement 

22 meeting the requirements of this para23 graph with an entity described by sub24 paragraph (B) for such term as is 


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1 provided by such rules and consistent 

2 with this Act. 

3 (2) AGREEMENTS FOR ENFORCEMENT BY

4 STATE RACING COMMISSIONS.— 

5 (A) STATE RACING COMMISSIONS.— 

6 (i) RACETRACK SAFETY PROGRAM.— 

7 The Authority may enter into agreements 

8 with State racing commissions for services 

9 consistent with the enforcement of the 

10 racetrack safety program. 

11 (ii) ANTI-DOPING AND MEDICATION

12 CONTROL PROGRAM.—The anti-doping and 

13 medication control enforcement agency 

14 may enter into agreements with State rac15 ing commissions for services consistent 

16 with the enforcement of the anti-doping 

17 and medication control program. 

18 (B) ELEMENTS OF AGREEMENTS.—Any 

19 agreement under this paragraph shall include a 

20 description of the scope of work, performance 

21 metrics, reporting obligations, budgets, and any 

22 other matter the Authority considers appro23 priate. 

24 (3) ENFORCEMENT OF STANDARDS.—The Au25 thority may coordinate with State racing commisVerDate Sep 11 2014 23:47 Sep 10, 2020 Jkt 099200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S4547.IS S4547

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1 sions and other State regulatory agencies to monitor 

2 and enforce racetrack compliance with the standards 

3 developed under paragraphs (1) and (2) of section 

4 7(c). 

5 (f) PROCEDURES WITH RESPECT TO RULES OF AU6 THORITY.— 

7 (1) ANTI-DOPING AND MEDICATION CON8 TROL.— 

9 (A) IN GENERAL.—Recommendations for 

10 rules regarding anti-doping and medication con11 trol shall be developed in accordance with sec12 tion 6. 

13 (B) CONSULTATION.—The anti-doping and 

14 medication control enforcement agency shall 

15 consult with the anti-doping and medication 

16 control standing committee and the Board of 

17 the Authority on all anti-doping and medication 

18 control rules of the Authority. 

19 (2) RACETRACK SAFETY.—Recommendations 

20 for rules regarding racetrack safety shall be devel21 oped by the racetrack safety standing committee of 

22 the Authority. 

23 (g) SUBPOENA AND INVESTIGATORY AUTHORITY.— 

24 The Authority shall have subpoena and investigatory auVerDate Sep 11 2014 23:47 Sep 10, 2020 Jkt 099200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S4547.IS S4547

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1 thority with respect to civil violations committed under its 

2 jurisdiction. 

3 (h) CIVIL PENALTIES.—The Authority shall develop 

4 a list of civil penalties with respect to the enforcement of 

5 rules for covered persons and covered horseraces under its 

6 jurisdiction. 

7 (i) CIVIL ACTIONS.— 

8 (1) IN GENERAL.—In addition to civil sanctions 

9 imposed under section 8, the Authority may com10 mence a civil action against a covered person or 

11 racetrack that has engaged, is engaged, or is about 

12 to engage, in acts or practices constituting a viola13 tion of this Act or any rule established under this 

14 Act in the proper district court of the United States, 

15 the United States District Court for the District of 

16 Columbia, or the United States courts of any terri17 tory or other place subject to the jurisdiction of the 

18 United States, to enjoin such acts or practices, to 

19 enforce any civil sanctions imposed under that sec20 tion, and for all other relief to which the Authority 

21 may be entitled. 

22 (2) INJUNCTIONS AND RESTRAINING ORDERS.— 

23 With respect to a civil action commenced under 

24 paragraph (1), upon a proper showing, a permanent 


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1 or temporary injunction or restraining order shall be 

2 granted without bond. 

3 (j) LIMITATIONS ON AUTHORITY.— 

4 (1) PROSPECTIVE APPLICATION.—The jurisdic5 tion and authority of the Authority and the Commis6 sion with respect to the horseracing anti-doping and 

7 medication control program and the racetrack safety 

8 program shall be prospective only. 

9 (2) PREVIOUS MATTERS.— 

10 (A) IN GENERAL.—The Authority and the 

11 Commission may not investigate, prosecute, ad12 judicate, or penalize conduct in violation of the 

13 horseracing anti-doping and medication control 

14 program and the racetrack safety program that 

15 occurs before the program effective date. 

16 (B) STATE RACING COMMISSION.—With re17 spect to conduct described in subparagraph (A), 

18 the applicable State racing commission shall re19 tain authority until the final resolution of the 

20 matter. 

21 (3) OTHER LAWS UNAFFECTED.—This Act 

22 shall not be construed to modify, impair, or restrict 

23 the operation of the general laws or regulations, as 

24 may be amended from time to time, of the United 

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1 lating to criminal conduct, cruelty to animals, mat2 ters unrelated to anti-doping, medication control and 

3 racetrack and racing safety of covered horses and 

4 covered races, and the use of medication in human 

5 participants in covered races. 

6 (k) ELECTION FOR OTHER BREED COVERAGE

7 UNDER ACT.— 

8 (1) IN GENERAL.—A State racing commission 

9 or a breed governing organization for a breed of 

10 horses other than Thoroughbred horses may elect to 

11 have such breed be covered by this Act by the filing 

12 of a designated election form and subsequent ap13 proval by the Authority. A State racing commission 

14 may elect to have a breed covered by this Act for the 

15 applicable State only. 

16 (2) ELECTION CONDITIONAL ON FUNDING

17 MECHANISM.—A commission or organization may 

18 not make an election under paragraph (1) unless the 

19 commission or organization has in place a mecha20 nism to provide sufficient funds to cover the costs of 

21 the administration of this Act with respect to the 

22 horses that will be covered by this Act as a result 

23 of the election. 

24 (3) APPORTIONMENT.—The Authority shall ap25 portion costs described in paragraph (2) in connecVerDate Sep 11 2014 23:47 Sep 10, 2020 Jkt 099200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S4547.IS S4547

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1 tion with an election under paragraph (1) fairly 

2 among all impacted segments of the horseracing in3 dustry, subject to approval by the Commission in ac4 cordance with section 4. Such apportionment may 

5 not provide for the allocation of costs or funds 

6 among breeds of horses. 

7 SEC. 6. HORSERACING ANTI-DOPING AND MEDICATION 

8 CONTROL PROGRAM. 

9 (a) PROGRAM REQUIRED.— 

10 (1) IN GENERAL.—Not later than the program 

11 effective date, and after notice and an opportunity 

12 for public comment in accordance with section 4, the 

13 Authority shall establish a horseracing anti-doping 

14 and medication control program applicable to all 

15 covered horses, covered persons, and covered 

16 horseraces in accordance with the registration of 

17 covered persons under section 5(d). 

18 (2) CONSIDERATION OF OTHER BREEDS.—In 

19 developing the horseracing anti-doping and medica20 tion control program with respect to a breed of horse 

21 that is made subject to this Act by election of a 

22 State racing commission or the breed governing or23 ganization for such horse under section 5(k), the 

24 Authority shall consider the unique characteristics of 

25 such breed. 


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1 (b) CONSIDERATIONS IN DEVELOPMENT OF PRO2 GRAM.—In developing the horseracing anti-doping and 

3 medication control program, the Authority shall take into 

4 consideration the following: 

5 (1) Covered horses should compete only when 

6 they are free from the influence of medications, 

7 other foreign substances, and methods that affect 

8 their performance. 

9 (2) Covered horses that are injured or unsound 

10 should not train or participate in covered races, and 

11 the use of medications, other foreign substances, and 

12 treatment methods that mask or deaden pain in 

13 order to allow injured or unsound horses to train or 

14 race should be prohibited. 

15 (3) Rules, standards, procedures, and protocols 

16 regulating medication and treatment methods for 

17 covered horses and covered races should be uniform 

18 and uniformly administered nationally. 

19 (4) To the extent consistent with this Act, con20 sideration should be given to international anti21 doping and medication control standards of the 

22 International Federation of Horseracing Authorities 

23 and the Principles of Veterinary Medical Ethics of 

24 the American Veterinary Medical Association. 


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1 (5) The administration of medications and 

2 treatment methods to covered horses should be 

3 based upon an examination and diagnosis that iden4 tifies an issue requiring treatment for which the 

5 medication or method represents an appropriate 

6 component of treatment. 

7 (6) The amount of therapeutic medication that 

8 a covered horse receives should be the minimum nec9 essary to address the diagnosed health concerns 

10 identified during the examination and diagnostic 

11 process. 

12 (7) The welfare of covered horses, the integrity 

13 of the sport, and the confidence of the betting public 

14 require full disclosure to regulatory authorities re15 garding the administration of medications and treat16 ments to covered horses. 

17 (c) ACTIVITIES.—The following activities shall be car18 ried out under the horseracing anti-doping and medication 

19 control program: 

20 (1) STANDARDS FOR ANTI-DOPING AND MEDI21 CATION CONTROL.—Not later than 120 days before 

22 the program effective date, the Authority shall issue, 

23 by rule— 

24 (A) uniform standards for— 


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1 (i) the administration of medication to 

2 covered horses by covered persons; and 

3 (ii) laboratory testing accreditation 

4 and protocols; and 

5 (B) a list of permitted and prohibited 

6 medications, substances, and methods, including 

7 allowable limits of permitted medications, sub8 stances, and methods. 

9 (2) REVIEW PROCESS FOR ADMINISTRATION OF

10 MEDICATION.—The development of a review process 

11 for the administration of any medication to a cov12 ered horse during the 48-hour period preceding the 

13 next racing start of the covered horse. 

14 (3) AGREEMENT REQUIREMENTS.—The devel15 opment of requirements with respect to agreements 

16 under section 5(e). 

17 (4) ANTI-DOPING AND MEDICATION CONTROL

18 ENFORCEMENT AGENCY.— 

19 (A) CONTROL RULES, PROTOCOLS, ETC.— 

20 Except as provided in paragraph (5), the anti21 doping and medication control program enforce22 ment agency under section 5(e) shall, in con23 sultation with the anti-doping and medication 

24 control standing committee of the Authority 

25 and consistent with international best practices, 


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1 develop and recommend anti-doping and medi2 cation control rules, protocols, policies, and 

3 guidelines for approval by the Authority. 

4 (B) RESULTS MANAGEMENT.—The anti5 doping and medication control enforcement 

6 agency shall conduct and oversee anti-doping 

7 and medication control results management, in8 cluding independent investigations, charging 

9 and adjudication of potential medication control 

10 rule violations, and the enforcement of any civil 

11 sanctions for such violations. Any final decision 

12 or civil sanction of the anti-doping and medica13 tion control enforcement agency under this sub14 paragraph shall be the final decision or civil 

15 sanction of the Authority, subject to review in 

16 accordance with section 9. 

17 (C) TESTING.—The anti-doping enforce18 ment agency shall perform and manage test dis19 tribution planning (including intelligence-based 

20 testing), the sample collection process, and in21 competition and out-of-competition testing (in22 cluding no-advance-notice testing). 

23 (D) TESTING LABORATORIES.—The anti24 doping and medication control enforcement 

25 agency shall accredit testing laboratories based 


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1 upon the standards established under this Act, 

2 and shall monitor, test, and audit accredited 

3 laboratories to ensure continuing compliance 

4 with accreditation standards. 

5 (5) ANTI-DOPING AND MEDICATION CONTROL

6 STANDING COMMITTEE.—The anti-doping and medi7 cation control standing committee shall, in consulta8 tion with the anti-doping and medication control en9 forcement agency, develop lists of permitted and pro10 hibited medications, methods, and substances for 

11 recommendation to, and approval by, the Authority. 

12 Any such list may prohibit the administration of any 

13 substance or method to a horse at any time after 

14 such horse becomes a covered horse if the Authority 

15 determines such substance or method has a long16 term degrading effect on the soundness of a horse. 

17 (d) PROHIBITION.—Except as provided in sub18 sections (e) and (f), the horseracing anti-doping and medi19 cation control program shall prohibit the administration 

20 of any prohibited or otherwise permitted substance to a 

21 covered horse within 48 hours of its next racing start, ef22 fective as of the program effective date. 

23 (e) ADVISORY COMMITTEE STUDY AND REPORT.— 

24 (1) IN GENERAL.—Not later than the program 

25 effective date, the Authority shall convene an adviVerDate Sep 11 2014 23:47 Sep 10, 2020 Jkt 099200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S4547.IS S4547

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1 sory committee comprised of horseracing anti-doping 

2 and medication control industry experts, including a 

3 member designated by the anti-doping and medica4 tion control enforcement agency, to conduct a study 

5 on the use of furosemide on horses during the 48- 

6 hour period before the start of a race, including the 

7 effect of furosemide on equine health and the integ8 rity of competition and any other matter the Author9 ity considers appropriate. 

10 (2) REPORT.—Not later than three years after 

11 the program effective date, the Authority shall direct 

12 the advisory committee convened under paragraph 

13 (1) to submit to the Authority a written report on 

14 the study conducted under that paragraph that in15 cludes recommended changes, if any, to the prohibi16 tion in subsection (d). 

17 (3) MODIFICATION OF PROHIBITION.— 

18 (A) IN GENERAL.—After receipt of the re19 port required by paragraph (2), the Authority 

20 may, by unanimous vote of the Board of the 

21 Authority, modify the prohibition in subsection 

22 (d) and, notwithstanding subsection (f), any 

23 such modification shall apply to all States be24 ginning on the date that is three years after the 

25 program effective date. 


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1 (B) CONDITION.—In order for a unani2 mous vote described in subparagraph (A) to ef3 fect a modification of the prohibition in sub4 section (d), the vote must include unanimous 

5 adoption of each of the following findings: 

6 (i) That the modification is war7 ranted. 

8 (ii) That the modification is in the 

9 best interests of horse racing. 

10 (iii) That furosemide has no perform11 ance enhancing effect on individual horses. 

12 (iv) That public confidence in the in13 tegrity and safety of racing would not be 

14 adversely affected by the modification. 

15 (f) EXEMPTION.— 

16 (1) IN GENERAL.—Except as provided in para17 graph (2), only during the three-year period begin18 ning on the program effective date, a State racing 

19 commission may submit to the Authority, at such 

20 time and in such manner as the Authority may re21 quire, a request for an exemption from the prohibi22 tion in subsection (d) with respect to the use of 

23 furosemide on covered horses during such period. 

24 (2) EXCEPTIONS.—An exemption under para25 graph (1) may not be requested for— 


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1 (A) two-year-old covered horses; or 

2 (B) covered horses competing in stakes 

3 races. 

4 (3) CONTENTS OF REQUEST.—A request under 

5 paragraph (1) shall specify the applicable State rac6 ing commission’s requested limitations on the use of 

7 furosemide that would apply to the State under the 

8 horseracing anti-doping and medication control pro9 gram during such period. Such limitations shall be 

10 no less restrictive on the use and administration of 

11 furosemide than the restrictions set forth in State’s 

12 laws and regulations in effect as of September 1, 

13 2020. 

14 (4) GRANT OF EXEMPTION.—Subject to sub15 section (e)(3), the Authority shall grant an exemp16 tion requested under paragraph (1) for the remain17 der of such period and shall allow the use of 

18 furosemide on covered horses in the applicable State, 

19 in accordance with the requested limitations. 

20 (g) BASELINE ANTI-DOPING AND MEDICATION CON21 TROL RULES.— 

22 (1) IN GENERAL.—Subject to paragraph (3), 

23 the baseline anti-doping and medication control rules 

24 described in paragraph (2) shall— 


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1 (A) constitute the initial rules of the horse2 racing anti-doping and medication control pro3 gram; and 

4 (B) except as exempted pursuant to sub5 sections (e) and (f), remain in effect at all 

6 times after the program effective date. 

7 (2) BASELINE ANTI-DOPING MEDICATION CON8 TROL RULES DESCRIBED.— 

9 (A) IN GENERAL.—The baseline anti10 doping and medication control rules described 

11 in this paragraph are the following: 

12 (i) The lists of permitted and prohib13 ited substances (including drugs, medica14 tions, and naturally occurring substances 

15 and synthetically occurring substances) in 

16 effect for the International Federation of 

17 Horseracing Authorities, including the 

18 International Federation of Horseracing 

19 Authorities International Screening Limits 

20 for urine, dated May 2019, and the Inter21 national Federation of Horseracing Au22 thorities International Screening Limits for 

23 plasma, dated May 2019. 


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1 (ii) The World Anti-Doping Agency 

2 International Standard for Laboratories 

3 (version 10.0), dated November 12, 2019. 

4 (iii) The Association of Racing Com5 missioners International out-of-competition 

6 testing standards, Model Rules of Racing 

7 (version 9.2). 

8 (iv) The Association of Racing Com9 missioners International penalty and mul10 tiple medication violation rules, Model 

11 Rules of Racing (version 6.2). 

12 (B) CONFLICT OF RULES.—In the case of 

13 a conflict among the rules described in subpara14 graph (A), the most stringent rule shall apply. 

15 (3) MODIFICATIONS TO BASELINE RULES.— 

16 (A) DEVELOPMENT BY ANTI-DOPING AND

17 MEDICATION CONTROL STANDING COM18 MITTEE.—The anti-doping and medication con19 trol standing committee, in consultation with 

20 the anti-doping and medication control enforce21 ment agency, may develop and submit to the 

22 Authority for approval by the Authority pro23 posed modifications to the baseline anti-doping 

24 and medication control rules. 


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1 (B) AUTHORITY APPROVAL.—If the Au2 thority approves a proposed modification under 

3 this paragraph, the proposed modification shall 

4 be submitted to and considered by the Commis5 sion in accordance with section 4. 

6 (C) ANTI-DOPING AND MEDICATION CON7 TROL ENFORCEMENT AGENCY VETO AUTHOR8 ITY.—The Authority shall not approve any pro9 posed modification that renders an anti-doping 

10 and medication control rule less stringent than 

11 the baseline anti-doping and medication control 

12 rules described in paragraph (2) (including by 

13 increasing permitted medication thresholds, 

14 adding permitted medications, removing prohib15 ited medications, or weakening enforcement 

16 mechanisms) without the approval of the anti17 doping and medication control enforcement 

18 agency. 

19 SEC. 7. RACETRACK SAFETY PROGRAM. 

20 (a) ESTABLISHMENT AND CONSIDERATIONS.— 

21 (1) IN GENERAL.—Not later than the program 

22 effective date, and after notice and an opportunity 

23 for public comment in accordance with section 4, the 

24 Authority shall establish a racetrack safety program 

25 applicable to all covered horses, covered persons, and 


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1 covered horseraces in accordance with the registra2 tion of covered persons under section 5(d). 

3 (2) CONSIDERATIONS IN DEVELOPMENT OF

4 SAFETY PROGRAM.—In the development of the 

5 horseracing safety program for covered horses, cov6 ered persons, and covered horseraces, the Authority 

7 and the Commission shall take into consideration ex8 isting safety standards including the National Thor9 oughbred Racing Association Safety and Integrity 

10 Alliance Code of Standards, the International Fed11 eration of Horseracing Authority’s International 

12 Agreement on Breeding, Racing, and Wagering, and 

13 the British Horseracing Authority’s Equine Health 

14 and Welfare program. 

15 (b) ELEMENTS OF HORSERACING SAFETY PRO16 GRAM.—The horseracing safety program shall include the 

17 following: 

18 (1) A set of training and racing safety stand19 ards and protocols taking into account regional dif20 ferences and the character of differing racing facili21 ties. 

22 (2) A uniform set of training and racing safety 

23 standards and protocols consistent with the humane 

24 treatment of covered horses, which may include lists 


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1 of permitted and prohibited practices or methods 

2 (such as crop use). 

3 (3) A racing surface quality maintenance sys4 tem that— 

5 (A) takes into account regional differences 

6 and the character of differing racing facilities; 

7 and 

8 (B) may include requirements for track 

9 surface design and consistency and established 

10 standard operating procedures related to track 

11 surface, monitoring, and maintenance (such as 

12 standardized seasonal assessment, daily track13 ing, and measurement). 

14 (4) A uniform set of track safety standards and 

15 protocols, that may include rules governing oversight 

16 and movement of covered horses and human and 

17 equine injury reporting and prevention. 

18 (5) Programs for injury and fatality data anal19 ysis, that may include pre- and post-training and 

20 race inspections, use of a veterinarian’s list, and 

21 concussion protocols. 

22 (6) The undertaking of investigations at race23 track and non-racetrack facilities related to safety 

24 violations. 


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1 (7) Procedures for investigating, charging, and 

2 adjudicating violations and for the enforcement of 

3 civil sanctions for violations. 

4 (8) A schedule of civil sanctions for violations. 

5 (9) Disciplinary hearings, which may include 

6 binding arbitration, civil sanctions, and research. 

7 (10) Management of violation results. 

8 (11) Programs relating to safety and perform9 ance research and education. 

10 (12) An evaluation and accreditation program 

11 that ensures that racetracks in the United States 

12 meet the standards described in the elements of the 

13 Horseracing Safety Program. 

14 (c) ACTIVITIES.—The following activities shall be car15 ried out under the racetrack safety program: 

16 (1) STANDARDS FOR RACETRACK SAFETY.— 

17 The development, by the racetrack safety standing 

18 committee of the Authority in section 3(c)(2) of uni19 form standards for racetrack and horseracing safety. 

20 (2) STANDARDS FOR SAFETY AND PERFORM21 ANCE ACCREDITATION.— 

22 (A) IN GENERAL.—Not later than 120 

23 days before the program effective date, the Au24 thority, in consultation with the racetrack safeVerDate Sep 11 2014 23:47 Sep 10, 2020 Jkt 099200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S4547.IS S4547

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1 ty standing committee, shall issue, by rule in 

2 accordance with section 4— 

3 (i) safety and performance standards 

4 of accreditation for racetracks; and 

5 (ii) the process by which a racetrack 

6 may achieve and maintain accreditation by 

7 the Authority. 

8 (B) MODIFICATIONS.— 

9 (i) IN GENERAL.—The Authority may 

10 modify rules establishing the standards 

11 issued under subparagraph (A), as the Au12 thority considers appropriate. 

13 (ii) NOTICE AND COMMENT.—The 

14 Commission shall publish in the Federal 

15 Register any proposed rule of the Author16 ity, and provide an opportunity for public 

17 comment with respect to, any modification 

18 under clause (i) in accordance with section 

19 4. 

20 (C) EXTENSION OF PROVISIONAL OR IN21 TERIM ACCREDITATION.—The Authority may, 

22 by rule in accordance with section 4, extend 

23 provisional or interim accreditation to a race24 track accredited by the National Thoroughbred 

25 Racing Association Safety and Integrity AlliVerDate Sep 11 2014 23:47 Sep 10, 2020 Jkt 099200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S4547.IS S4547

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1 ance on a date before the program effective 

2 date. 

3 (3) NATIONWIDE SAFETY AND PERFORMANCE

4 DATABASE.— 

5 (A) IN GENERAL.—Not later than one year 

6 after the program effective date, and after no7 tice and an opportunity for public comment in 

8 accordance with section 4, the Authority, in 

9 consultation with the Commission, shall develop 

10 and maintain a nationwide database of race11 horse safety, performance, health, and injury 

12 information for the purpose of conducting an 

13 epidemiological study. 

14 (B) COLLECTION OF INFORMATION.—In 

15 accordance with the registration of covered per16 sons under section 5(d), the Authority may re17 quire covered persons to collect and submit to 

18 the database described in subparagraph (A) 

19 such information as the Authority may require 

20 to further the goal of increased racehorse wel21 fare. 

22 SEC. 8. RULE VIOLATIONS AND CIVIL SANCTIONS. 

23 (a) DESCRIPTION OF RULE VIOLATIONS.— 

24 (1) IN GENERAL.—The Authority shall issue, by 

25 rule in accordance with section 4, a description of 


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1 safety, performance, and anti-doping and medication 

2 control rule violations applicable to covered horses 

3 and covered persons. 

4 (2) ELEMENTS.—The description of rule viola5 tions established under paragraph (1) may include 

6 the following: 

7 (A) With respect to a covered horse, strict 

8 liability for covered trainers for— 

9 (i) the presence of a prohibited sub10 stance or method in a sample or the use of 

11 a prohibited substance or method; 

12 (ii) the presence of a permitted sub13 stance in a sample in excess of the amount 

14 allowed by the horseracing anti-doping and 

15 medication control program; and 

16 (iii) the use of a permitted method in 

17 violation of the applicable limitations es18 tablished under the horseracing anti19 doping and medication control program. 

20 (B) Attempted use of a prohibited sub21 stance or method on a covered horse. 

22 (C) Possession of any prohibited substance 

23 or method. 

24 (D) Attempted possession of any prohib25 ited substance or method. 


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1 (E) Administration or attempted adminis2 tration of any prohibited substance or method 

3 on a covered horse. 

4 (F) Refusal or failure, without compelling 

5 justification, to submit a covered horse for sam6 ple collection. 

7 (G) Failure to cooperate with the Author8 ity or an agent of the Authority during any in9 vestigation. 

10 (H) Failure to respond truthfully, to the 

11 best of a covered person’s knowledge, to a ques12 tion of the Authority or an agent of the Author13 ity with respect to any matter under the juris14 diction of the Authority. 

15 (I) Tampering or attempted tampering 

16 with the application of the safety, performance, 

17 or anti-doping and medication control rules or 

18 process adopted by the Authority, including— 

19 (i) the intentional interference, or an 

20 attempt to interfere, with an official or 

21 agent of the Authority; 

22 (ii) the procurement or the provision 

23 of fraudulent information to the Authority 

24 or agent; and 


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1 (iii) the intimidation of, or an attempt 

2 to intimidate, a potential witness. 

3 (J) Trafficking or attempted trafficking in 

4 any prohibited substance or method. 

5 (K) Assisting, encouraging, aiding, abet6 ting, conspiring, covering up, or any other type 

7 of intentional complicity involving a safety, per8 formance, or anti-doping and medication control 

9 rule violation or the violation of a period of sus10 pension or eligibility. 

11 (L) Threatening or seeking to intimidate a 

12 person with the intent of discouraging the per13 son from the good faith reporting to the Au14 thority, an agent of the Authority or the Com15 mission, or the anti-doping and medication con16 trol enforcement agency under section 5(e), of 

17 information that relates to— 

18 (i) an alleged safety, performance, or 

19 anti-doping and medication control rule 

20 violation; or 

21 (ii) alleged noncompliance with a safe22 ty, performance, or anti-doping and medi23 cation control rule. 

24 (b) TESTING LABORATORIES.— 


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1 (1) ACCREDITATION AND STANDARDS.—Not 

2 later than 120 days before the program effective 

3 date, the Authority shall, in consultation with the 

4 anti-doping and medication control enforcement 

5 agency, establish, by rule in accordance with section 

6 4— 

7 (A) standards of accreditation for labora8 tories involved in testing samples from covered 

9 horses; 

10 (B) the process for achieving and main11 taining accreditation; and 

12 (C) the standards and protocols for testing 

13 such samples. 

14 (2) ADMINISTRATION.—The accreditation of 

15 laboratories and the conduct of audits of accredited 

16 laboratories to ensure compliance with Authority 

17 rules shall be administered by the anti-doping and 

18 medication control enforcement agency. The anti19 doping and medication control enforcement agency 

20 shall have the authority to require specific test sam21 ples to be directed to and tested by laboratories hav22 ing special expertise in the required tests. 

23 (3) EXTENSION OF PROVISIONAL OR INTERIM

24 ACCREDITATION.—The Authority may, by rule in ac25 cordance with section 4, extend provisional or inVerDate Sep 11 2014 23:47 Sep 10, 2020 Jkt 099200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S4547.IS S4547

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1 terim accreditation to a laboratory accredited by the 

2 Racing Medication and Testing Consortium, Inc., on 

3 a date before the program effective date. 

4 (4) SELECTION OF LABORATORIES.— 

5 (A) IN GENERAL.—Except as provided in 

6 paragraph (2), a State racing commission may 

7 select a laboratory accredited in accordance 

8 with the standards established under paragraph 

9 (1) to test samples taken in the applicable 

10 State. 

11 (B) SELECTION BY THE AUTHORITY.—If a 

12 State racing commission does not select an ac13 credited laboratory under subparagraph (A), 

14 the Authority shall select such a laboratory to 

15 test samples taken in the State concerned. 

16 (c) RESULTS MANAGEMENT AND DISCIPLINARY

17 PROCESS.— 

18 (1) IN GENERAL.—Not later than 120 days be19 fore the program effective date, the Authority shall 

20 establish in accordance with section 4— 

21 (A) rules for safety, performance, and anti22 doping and medication control results manage23 ment; and 


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1 (B) the disciplinary process for safety, per2 formance, and anti-doping and medication con3 trol rule violations. 

4 (2) ELEMENTS.—The rules and process estab5 lished under paragraph (1) shall include the fol6 lowing: 

7 (A) Provisions for notification of safety, 

8 performance, and anti-doping and medication 

9 control rule violations. 

10 (B) Hearing procedures. 

11 (C) Standards for burden of proof. 

12 (D) Presumptions. 

13 (E) Evidentiary rules. 

14 (F) Appeals. 

15 (G) Guidelines for confidentiality and pub16 lic reporting of decisions. 

17 (3) DUE PROCESS.—The rules established 

18 under paragraph (1) shall provide for adequate due 

19 process, including impartial hearing officers or tribu20 nals commensurate with the seriousness of the al21 leged safety, performance, or anti-doping and medi22 cation control rule violation and the possible civil 

23 sanctions for such violation. 

24 (d) CIVIL SANCTIONS.— 


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1 (1) IN GENERAL.—The Authority shall estab2 lish uniform rules, in accordance with section 4, im3 posing civil sanctions against covered persons or cov4 ered horses for safety, performance, and anti-doping 

5 and medication control rule violations. 

6 (2) REQUIREMENTS.—The rules established 

7 under paragraph (1) shall— 

8 (A) take into account the unique aspects of 

9 horseracing; 

10 (B) be designed to ensure fair and trans11 parent horseraces; and 

12 (C) deter safety, performance, and anti13 doping and medication control rule violations. 

14 (3) SEVERITY.—The civil sanctions under para15 graph (1) may include— 

16 (A) lifetime bans from horseracing, 

17 disgorgement of purses, monetary fines and 

18 penalties, and changes to the order of finish in 

19 covered races; and 

20 (B) with respect to anti-doping and medi21 cation control rule violators, an opportunity to 

22 reduce the applicable civil sanctions that is 

23 comparable to the opportunity provided by the 

24 Protocol for Olympic Movement Testing of the 

25 United States Anti-Doping Agency. 


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1 (e) MODIFICATIONS.—The Authority may propose a 

2 modification to any rule established under this section as 

3 the Authority considers appropriate, and the proposed 

4 modification shall be submitted to and considered by the 

5 Commission in accordance with section 4. 

6 SEC. 9. REVIEW OF FINAL DECISIONS OF THE AUTHORITY. 

7 (a) NOTICE OF CIVIL SANCTIONS.—If the Authority 

8 imposes a final civil sanction for a violation committed by 

9 a covered person pursuant to the rules or standards of 

10 the Authority, the Authority shall promptly submit to the 

11 Commission notice of the civil sanction in such form as 

12 the Commission may require. 

13 (b) REVIEW BY ADMINISTRATIVE LAW JUDGE.— 

14 (1) IN GENERAL.—With respect to a final civil 

15 sanction imposed by the Authority, on application by 

16 the Commission or a person aggrieved by the civil 

17 sanction filed not later than 30 days after the date 

18 on which notice under subsection (a) is submitted, 

19 the civil sanction shall be subject to de novo review 

20 by an administrative law judge. 

21 (2) NATURE OF REVIEW.— 

22 (A) IN GENERAL.—In matters reviewed 

23 under this subsection, the administrative law 

24 judge shall determine whether— 


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1 (i) a person has engaged in such acts 

2 or practices, or has omitted such acts or 

3 practices, as the Authority has found the 

4 person to have engaged in or omitted; 

5 (ii) such acts, practices, or omissions 

6 are in violation of this Act or the anti7 doping and medication control or racetrack 

8 safety rules approved by the Commission; 

9 or 

10 (iii) the final civil sanction of the Au11 thority was arbitrary, capricious, an abuse 

12 of discretion, or otherwise not in accord13 ance with law. 

14 (B) CONDUCT OF HEARING.—An adminis15 trative law judge shall conduct a hearing under 

16 this subsection in such a manner as the Com17 mission may specify by rule, which shall con18 form to section 556 of title 5, United States 

19 Code. 

20 (3) DECISION BY ADMINISTRATIVE LAW

21 JUDGE.— 

22 (A) IN GENERAL.—With respect to a mat23 ter reviewed under this subsection, an adminis24 trative law judge— 


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1 (i) shall render a decision not later 

2 than 60 days after the conclusion of the 

3 hearing; 

4 (ii) may affirm, reverse, modify, set 

5 aside, or remand for further proceedings, 

6 in whole or in part, the final civil sanction 

7 of the Authority; and 

8 (iii) may make any finding or conclu9 sion that, in the judgment of the adminis10 trative law judge, is proper and based on 

11 the record. 

12 (B) FINAL DECISION.—A decision under 

13 this paragraph shall constitute the decision of 

14 the Commission without further proceedings 

15 unless a notice or an application for review is 

16 timely filed under subsection (c). 

17 (c) REVIEW BY COMMISSION.— 

18 (1) NOTICE OF REVIEW BY COMMISSION.—The 

19 Commission may, on its own motion, review any de20 cision of an administrative law judge issued under 

21 subsection (b)(3) by providing written notice to the 

22 Authority and any interested party not later than 30 

23 days after the date on which the administrative law 

24 judge issues the decision. 

25 (2) APPLICATION FOR REVIEW.— 


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1 (A) IN GENERAL.—The Authority or a per2 son aggrieved by a decision issued under sub3 section (b)(3) may petition the Commission for 

4 review of such decision by filing an application 

5 for review not later than 30 days after the date 

6 on which the administrative law judge issues 

7 the decision. 

8 (B) EFFECT OF DENIAL OF APPLICATION

9 FOR REVIEW.—If an application for review 

10 under subparagraph (A) is denied, the decision 

11 of the administrative law judge shall constitute 

12 the decision of the Commission without further 

13 proceedings. 

14 (C) DISCRETION OF COMMISSION.— 

15 (i) IN GENERAL.—A decision with re16 spect to whether to grant an application 

17 for review under subparagraph (A) is sub18 ject to the discretion of the Commission. 

19 (ii) MATTERS TO BE CONSIDERED.— 

20 In determining whether to grant such an 

21 application for review, the Commission 

22 shall consider whether the application 

23 makes a reasonable showing that— 


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1 (I) a prejudicial error was com2 mitted in the conduct of the pro3 ceeding; or 

4 (II) the decision involved— 

5 (aa) an erroneous applica6 tion of the anti-doping and medi7 cation control or racetrack safety 

8 rules approved by the Commis9 sion; or 

10 (bb) an exercise of discretion 

11 or a decision of law or policy that 

12 warrants review by the Commis13 sion. 

14 (3) NATURE OF REVIEW.— 

15 (A) IN GENERAL.—In matters reviewed 

16 under this subsection, the Commission may— 

17 (i) affirm, reverse, modify, set aside, 

18 or remand for further proceedings, in 

19 whole or in part, the decision of the admin20 istrative law judge; and 

21 (ii) make any finding or conclusion 

22 that, in the judgement of the Commission, 

23 is proper and based on the record. 

24 (B) DE NOVO REVIEW.—The Commission 

25 shall review de novo the factual findings and 


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1 conclusions of law made by the administrative 

2 law judge. 

3 (C) CONSIDERATION OF ADDITIONAL EVI4 DENCE.— 

5 (i) MOTION BY COMMISSION.—The 

6 Commission may, on its own motion, allow 

7 the consideration of additional evidence. 

8 (ii) MOTION BY A PARTY.— 

9 (I) IN GENERAL.—A party may 

10 file a motion to consider additional 

11 evidence at any time before the 

12 issuance of a decision by the Commis13 sion, which shall show, with particu14 larity, that— 

15 (aa) such additional evidence 

16 is material; and 

17 (bb) there were reasonable 

18 grounds for failure to submit the 

19 evidence previously. 

20 (II) PROCEDURE.—The Commis21 sion may— 

22 (aa) accept or hear addi23 tional evidence; or 

24 (bb) remand the proceeding 

25 to the administrative law judge 


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1 for the consideration of addi2 tional evidence. 

3 (d) STAY OF PROCEEDINGS.—Review by an adminis4 trative law judge or the Commission under this section 

5 shall not operate as a stay of a final civil sanction of the 

6 Authority unless the administrative law judge or Commis7 sion orders such a stay. 

8 SEC. 10. UNFAIR OR DECEPTIVE ACTS OR PRACTICES. 

9 The sale of a covered horse, or of any other horse 

10 in anticipation of its future participation in a covered race, 

11 shall be considered an unfair or deceptive act or practice 

12 in or affecting commerce under section 5(a) of the Federal 

13 Trade Commission Act (15 U.S.C. 45(a)) if the seller— 

14 (1) knows or has reason to know the horse has 

15 been administered— 

16 (A) a bisphosphonate prior to the horse’s 

17 fourth birthday; or 

18 (B) any other substance or method the Au19 thority determines has a long-term degrading 

20 effect on the soundness of the covered horse; 

21 and 

22 (2) fails to disclose to the buyer the administra23 tion of the bisphosphonate or other substance or 

24 method described in paragraph (1)(B). 


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1 SEC. 11. STATE DELEGATION; COOPERATION. 

2 (a) STATE DELEGATION.— 

3 (1) IN GENERAL.—The Authority may enter 

4 into an agreement with a State racing commission to 

5 implement, within the jurisdiction of the State rac6 ing commission, a component of the racetrack safety 

7 program or, with the concurrence of the anti-doping 

8 and medication control enforcement agency under 

9 section 5(e), a component of the horseracing anti10 doping and medication control program, if the Au11 thority determines that the State racing commission 

12 has the ability to implement such component in ac13 cordance with the rules, standards, and require14 ments established by the Authority. 

15 (2) IMPLEMENTATION BY STATE RACING COM16 MISSION.—A State racing commission or other ap17 propriate regulatory body of a State may not imple18 ment such a component in a manner less restrictive 

19 than the rule, standard, or requirement established 

20 by the Authority. 

21 (b) COOPERATION.—To avoid duplication of func22 tions, facilities, and personnel, and to attain closer coordi23 nation and greater effectiveness and economy in adminis24 tration of Federal and State law, where conduct by any 

25 person subject to the horseracing medication control pro26 gram or the racetrack safety program may involve both 


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1 a medication control or racetrack safety rule violation and 

2 violation of Federal or State law, the Authority and Fed3 eral or State law enforcement authorities shall cooperate 

4 and share information. 

Æ 


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