II 

116TH CONGRESS 

2D SESSION H. R. 1754 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 30 (legislative day, SEPTEMBER 29), 2020 

Received 

AN ACT 

To improve the integrity and safety of horseracing by requiring a uniform anti-doping and medication control program to be developed and enforced by an independent 

Horseracing Anti-Doping and Medication Control Authority. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 and Safety Act of 2020’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act the following definitions apply: 

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

7 the Horseracing Integrity and Safety Authority des8 ignated by section 3(a). 

9 (2) BREEDER.—The term ‘‘breeder’’ means a 

10 person who is in the business of breeding covered 

11 horses. 

12 (3) COMMISSION.—The term ‘‘Commission’’ 

13 means the Federal Trade Commission. 

14 (4) COVERED HORSE.—The term ‘‘covered 

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

16 horse made subject to this Act by election of the ap17 plicable State racing commission or the breed gov18 erning organization for such horse under section 

19 5(k), during the period— 

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

21 first timed and reported workout at a racetrack 

22 that participates in covered horseraces or at a 

23 training facility; and 

24 (B) ending on the date on which the Au25 thority receives written notice that the horse 

26 has been retired. 


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

2 horserace’’ means any horserace involving covered 

3 horses that has a substantial relation to interstate 

4 commerce, including any Thoroughbred horserace 

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

6 deposit wagers. 

7 (6) COVERED PERSONS.—The term ‘‘covered 

8 persons’’ means all trainers, owners, breeders, jock9 eys, racetracks, veterinarians, persons (legal and 

10 natural) licensed by a State racing commission and 

11 the agents, assigns, and employees of such persons 

12 and other horse support personnel who are engaged 

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

14 (7) EQUINE CONSTITUENCIES.—The term 

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

16 breeders, trainers, racetracks, veterinarians, State 

17 racing commissions, and jockeys who are engaged in 

18 the care, training, or racing of covered horses. 

19 (8) EQUINE INDUSTRY REPRESENTATIVE.—The 

20 term ‘‘equine industry representative’’ means an or21 ganization regularly and significantly engaged in the 

22 equine industry, including organizations that rep23 resent the interests of, and whose membership con24 sists of, owners, breeders, trainers, racetracks, vet25 erinarians, State racing commissions, and jockeys. 


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1 (9) HORSERACING ANTI-DOPING AND MEDICA2 TION CONTROL PROGRAM.—The term ‘‘horseracing 

3 anti-doping and medication control program’’ means 

4 the anti-doping and medication program established 

5 under section 6(a). 

6 (10) IMMEDIATE FAMILY MEMBER.—The term 

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

8 domestic partner, mother, father, aunt, uncle, sib9 ling, or child. 

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

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

12 given such term in section 3 of the Interstate Horse13 racing Act of 1978 (15 U.S.C. 3002). 

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

15 rider or driver of a covered horse in covered 

16 horseraces. 

17 (13) OWNER.—The term ‘‘owner’’ means a per18 son who holds an ownership interest in one or more 

19 covered horses. 

20 (14) PROGRAM EFFECTIVE DATE.—The term 

21 ‘‘program effective date’’ means July 1, 2022. 

22 (15) RACETRACK.—The term ‘‘racetrack’’ 

23 means an organization licensed by a State racing 

24 commission to conduct covered horseraces. 


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1 (16) RACETRACK SAFETY PROGRAM.—The term 

2 ‘‘racetrack safety program’’ means the program es3 tablished under section 7(a). 

4 (17) STAKES RACE.—The term ‘‘stakes race’’ 

5 means any race so designated by the racetrack at 

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

7 the races comprising the Breeders’ Cup World 

8 Championships and the races designated as graded 

9 stakes by the American Graded Stakes Committee of 

10 the Thoroughbred Owners and Breeders Association. 

11 (18) STATE RACING COMMISSION.—The term 

12 ‘‘State racing commission’’ means an entity des13 ignated by State law or regulation that has jurisdic14 tion over the conduct of horseracing within the ap15 plicable State. 

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

17 individual engaged in the training of covered horses. 

18 (20) TRAINING FACILITY.—The term ‘‘training 

19 facility’’ means a location that is not a racetrack li20 censed by a State racing commission that operates 

21 primarily to house covered horses and conduct offi22 cial timed workouts. 

23 (21) VETERINARIAN.—The term ‘‘veterinarian’’ 

24 means a licensed veterinarian who provides veteri25 nary services to covered horses. 


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1 (22) WORKOUT.—The term ‘‘workout’’ means a 

2 timed running of a horse over a predetermined dis3 tance not associated with a race or its first quali4 fying race, if such race is made subject to this Act 

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

6 governing organization or the applicable State racing 

7 commission. 

8 SEC. 3. RECOGNITION OF THE HORSERACING INTEGRITY 

9 AND SAFETY AUTHORITY. 

10 (a) IN GENERAL.—The private, independent, self11 regulatory, nonprofit corporation, to be known as the 

12 ‘‘Horseracing Integrity and Safety Authority’’, is recog13 nized for purposes of developing and implementing a 

14 horseracing anti-doping and medication control program 

15 and a racetrack safety program for covered horses, cov16 ered persons, and covered horseraces. 

17 (b) BOARD OF DIRECTORS.— 

18 (1) MEMBERSHIP.—The Authority shall be gov19 erned by a board of directors (in this section re20 ferred to as the ‘‘Board’’) comprised of nine mem21 bers as follows: 

22 (A) INDEPENDENT MEMBERS.—Five mem23 bers of the Board shall be independent mem24 bers selected from outside the equine industry. 

25 (B) INDUSTRY MEMBERS.— 


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1 (i) IN GENERAL.—Four members of 

2 the Board shall be industry members se3 lected from among the various equine con4 stituencies. 

5 (ii) REPRESENTATION OF EQUINE

6 CONSTITUENCIES.—The industry members 

7 shall be representative of the various 

8 equine constituencies, and shall include not 

9 more than one industry member from any 

10 one equine constituency. 

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

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

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

14 be governed by bylaws for the operation of the Au15 thority with respect to— 

16 (A) the administrative structure and em17 ployees of the Authority; 

18 (B) the establishment of standing commit19 tees; 

20 (C) the procedures for filling vacancies on 

21 the Board and the standing committees; 

22 (D) term limits for members and termi23 nation of membership; and 

24 (E) any other matter the Board considers 

25 necessary. 


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1 (c) STANDING COMMITTEES.— 

2 (1) ANTI-DOPING AND MEDICATION CONTROL

3 STANDING COMMITTEE.— 

4 (A) IN GENERAL.—The Authority shall es5 tablish an anti-doping and medication control 

6 standing committee, which shall provide advice 

7 and guidance to the Board on the development 

8 and maintenance of the horseracing anti-doping 

9 and medication control program. 

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

11 medication control standing committee shall be 

12 comprised of seven members as follows: 

13 (i) INDEPENDENT MEMBERS.—A ma14 jority of the members shall be independent 

15 members selected from outside the equine 

16 industry. 

17 (ii) INDUSTRY MEMBERS.—A minority 

18 of the members shall be industry members 

19 selected to represent the various equine 

20 constituencies, and shall include not more 

21 than one industry member from any one 

22 equine constituency. 

23 (iii) QUALIFICATION.—A majority of 

24 individuals selected to serve on the anti25 doping and medication control standing 


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1 committee shall have significant, recent ex2 perience in anti-doping and medication 

3 control rules. 

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

5 and medication control standing committee 

6 shall be an independent member of the Board 

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

8 (2) RACETRACK SAFETY STANDING COM9 MITTEE.— 

10 (A) IN GENERAL.—The Authority shall es11 tablish a racetrack safety standing committee, 

12 which shall provide advice and guidance to the 

13 Board on the development and maintenance of 

14 the racetrack safety program. 

15 (B) MEMBERSHIP.—The racetrack safety 

16 standing committee shall be comprised of seven 

17 members as follows: 

18 (i) INDEPENDENT MEMBERS.—A ma19 jority of the members shall be independent 

20 members selected from outside the equine 

21 industry. 

22 (ii) INDUSTRY MEMBERS.—A minority 

23 of the members shall be industry members 

24 selected to represent the various equine 

25 constituencies. 


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

2 safety standing committee shall be an industry 

3 member of the Board described in subsection 

4 (b)(1)(B). 

5 (d) NOMINATING COMMITTEE.— 

6 (1) MEMBERSHIP.— 

7 (A) IN GENERAL.—The nominating com8 mittee of the Authority shall be comprised of 

9 seven independent members selected from busi10 ness, sports, and academia. 

11 (B) INITIAL MEMBERSHIP.—The initial 

12 nominating committee members shall be set 

13 forth in the governing corporate documents of 

14 the Authority. 

15 (C) VACANCIES.—After the initial com16 mittee members are appointed in accordance 

17 with subparagraph (B), vacancies shall be filled 

18 by the Board pursuant to rules established by 

19 the Authority. 

20 (2) CHAIR.—The chair of the nominating com21 mittee shall be selected by the nominating committee 

22 from among the members of the nominating com23 mittee. 

24 (3) SELECTION OF MEMBERS OF THE BOARD

25 AND STANDING COMMITTEES.— 


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1 (A) INITIAL MEMBERS.—The nominating 

2 committee shall select the initial members of 

3 the Board and the standing committees de4 scribed in subsection (c). 

5 (B) SUBSEQUENT MEMBERS.— The nomi6 nating committee shall recommend individuals 

7 to fill any vacancy on the Board or on such 

8 standing committees. 

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

10 interest, the following individuals may not be selected as 

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

12 a nominating or standing committee under this section: 

13 (1) An individual who has a financial interest 

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

15 (2) An official or officer— 

16 (A) of an equine industry representative; 

17 or 

18 (B) who serves in a governance or policy19 making capacity for an equine industry rep20 resentative. 

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

22 business or commercial relationship with, an indi23 vidual described in paragraph (1) or (2). 

24 (4) An immediate family member of an indi25 vidual described in paragraph (1) or (2). 


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1 (f) FUNDING.— 

2 (1) INITIAL FUNDING.— 

3 (A) IN GENERAL.—Initial funding to es4 tablish the Authority and underwrite its oper5 ations before the program effective date shall be 

6 provided by loans obtained by the Authority. 

7 (B) BORROWING.—The Authority may bor8 row funds toward the funding of its operations. 

9 (C) ANNUAL CALCULATION OF AMOUNTS

10 REQUIRED.— 

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

12 date that is 90 days before the program ef13 fective date, and not later than November 

14 1 each year thereafter, the Authority shall 

15 determine and provide to each State racing 

16 commission the estimated amount required 

17 from the State— 

18 (I) to fund the State’s propor19 tionate share of the horseracing anti20 doping and medication control pro21 gram and the racetrack safety pro22 gram for the next calendar year; and 

23 (II) to liquidate the State’s pro24 portionate share of any loan or fundVerDate Sep 11 2014 23:36 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1754.RDS H1754

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1 ing shortfall in the current calendar 

2 year and any previous calendar year. 

3 (ii) BASIS OF CALCULATION.—The 

4 amounts calculated under clause (i) shall— 

5 (I) be based on— 

6 (aa) the annual budget of 

7 the Authority for the following 

8 calendar year, as approved by the 

9 Board; and 

10 (bb) the projected amount of 

11 covered racing starts for the year 

12 in each State; and 

13 (II) take into account other 

14 sources of Authority revenue. 

15 (iii) REQUIREMENTS REGARDING

16 BUDGETS OF AUTHORITY.— 

17 (I) INITIAL BUDGET.—The initial 

18 budget of the Authority shall require 

the approval of 2 19 ⁄3 of the Board. 

20 (II) SUBSEQUENT BUDGETS.— 

21 Any subsequent budget that exceeds 

22 the budget of the preceding calendar 

23 year by more than 5 percent shall require the approval of 2 24 ⁄3 of the Board. 

25 (iv) RATE INCREASES.— 


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1 (I) IN GENERAL.—A proposed in2 crease in the amount required under 

3 this subparagraph shall be reported to 

4 the Commission. 

5 (II) NOTICE AND COMMENT.— 

6 The Commission shall publish in the 

7 Federal Register such a proposed in8 crease and provide an opportunity for 

9 public comment. 

10 (2) ASSESSMENT AND COLLECTION OF FEES BY

11 STATES.— 

12 (A) NOTICE OF ELECTION.—Any State 

13 racing commission that elects to remit fees pur14 suant to this subsection shall notify the Author15 ity of such election not later than 60 days be16 fore the program effective date. 

17 (B) REQUIREMENT TO REMIT FEES.— 

18 After a State racing commission makes a notifi19 cation under subparagraph (A), the election 

20 shall remain in effect and the State racing com21 mission shall be required to remit fees pursuant 

22 to this subsection according to a schedule estab23 lished in rule developed by the Authority and 

24 approved by the Commission. 


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1 (C) WITHDRAWAL OF ELECTION.—A State 

2 racing commission may cease remitting fees 

3 under this subsection not earlier than one year 

4 after notifying the Authority of the intent of 

5 the State racing commission to do so. 

6 (D) DETERMINATION OF METHODS.—Each 

7 State racing commission shall determine, sub8 ject to the applicable laws, regulations, and con9 tracts of the State, the method by which the 

10 requisite amount of fees, such as foal registra11 tion fees, sales contributions, starter fees, and 

12 track fees, and other fees on covered persons, 

13 shall be allocated, assessed, and collected. 

14 (3) ASSESSMENT AND COLLECTION OF FEES BY

15 THE AUTHORITY.— 

16 (A) CALCULATION.—If a State racing com17 mission does not elect to remit fees pursuant to 

18 paragraph (2) or withdraws its election under 

19 such paragraph, the Authority shall, not less 

20 frequently than monthly, calculate the applica21 ble fee per racing start multiplied by the num22 ber of racing starts in the State during the pre23 ceding month. 

24 (B) ALLOCATION.—The Authority shall al25 locate equitably the amount calculated under 


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1 subparagraph (A) collected among covered per2 sons involved with covered horseraces pursuant 

3 to such rules as the Authority may promulgate. 

4 (C) ASSESSMENT AND COLLECTION.— 

5 (i) IN GENERAL.—The Authority shall 

6 assess a fee equal to the allocation made 

7 under subparagraph (B) and shall collect 

8 such fee according to such rules as the Au9 thority may promulgate. 

10 (ii) REMITTANCE OF FEES.—Covered 

11 persons described in subparagraph (B) 

12 shall be required to remit such fees to the 

13 Authority. 

14 (D) LIMITATION.—A State racing commis15 sion that does not elect to remit fees pursuant 

16 to paragraph (2) or that withdraws its election 

17 under such paragraph shall not impose or col18 lect from any person a fee or tax relating to 

19 anti-doping and medication control or racetrack 

20 safety matters for covered horseraces. 

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

22 by the Authority shall be allocated toward funding 

23 of the Authority and its activities. 

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

25 Act shall be construed to require— 


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1 (A) the appropriation of any amount to the 

2 Authority; or 

3 (B) the Federal Government to guarantee 

4 the debts of the Authority. 

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

6 is required, the Authority shall have present a majority 

7 of independent members. 

8 SEC. 4. FEDERAL TRADE COMMISSION OVERSIGHT. 

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

10 Commission, in accordance with such rules as the Com11 mission may prescribe under section 553 of title 5, United 

12 States Code, any proposed rule, or proposed modification 

13 to a rule, of the Authority relating to— 

14 (1) the bylaws of the Authority; 

15 (2) a list of permitted and prohibited medica16 tions, substances, and methods, including allowable 

17 limits of permitted medications, substances, and 

18 methods; 

19 (3) laboratory standards for accreditation and 

20 protocols; 

21 (4) standards for racing surface quality mainte22 nance; 

23 (5) racetrack safety standards and protocols; 

24 (6) a program for injury and fatality data anal25 ysis; 


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1 (7) a program of research and education on 

2 safety, performance, and anti-doping and medication 

3 control; 

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

5 anti-doping and medication control rule violations 

6 applicable to covered horses and covered persons; 

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

8 (10) a process or procedures for disciplinary 

9 hearings; and 

10 (11) a formula or methodology for determining 

11 assessments described in section 3(f). 

12 (b) PUBLICATION AND COMMENT.— 

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

14 (A) publish in the Federal Register each 

15 proposed rule or modification submitted under 

16 subsection (a); and 

17 (B) provide an opportunity for public com18 ment. 

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

20 a proposed modification to a rule, of the Authority 

21 shall not take effect unless the proposed rule or 

22 modification has been approved by the Commission. 

23 (c) DECISION ON PROPOSED RULE OR MODIFICA24 TION TO A RULE.— 


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

2 the date on which a proposed rule or modification is 

3 published in the Federal Register, the Commission 

4 shall approve or disapprove the proposed rule or 

5 modification. 

6 (2) CONDITIONS.—The Commission shall ap7 prove a proposed rule or modification if the Commis8 sion finds that the proposed rule or modification is 

9 consistent with— 

10 (A) this Act; and 

11 (B) applicable rules approved by the Com12 mission. 

13 (3) REVISION OF PROPOSED RULE OR MODI14 FICATION.— 

15 (A) IN GENERAL.—In the case of dis16 approval of a proposed rule or modification 

17 under this subsection, not later than 30 days 

18 after the issuance of the disapproval, the Com19 mission shall make recommendations to the Au20 thority to modify the proposed rule or modifica21 tion. 

22 (B) RESUBMISSION.—The Authority may 

23 resubmit for approval by the Commission a pro24 posed rule or modification that incorporates the 


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1 modifications recommended under subpara2 graph (A). 

3 (d) PROPOSED STANDARDS AND PROCEDURES.— 

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

5 to the Commission any proposed rule, standard, or 

6 procedure developed by the Authority to carry out 

7 the horseracing anti-doping and medication control 

8 program or the racetrack safety program. 

9 (2) NOTICE AND COMMENT.—The Commission 

10 shall publish in the Federal Register any such pro11 posed rule, standard, or procedure and provide an 

12 opportunity for public comment. 

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

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

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

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

17 rule is necessary to protect— 

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

19 (2) the integrity of covered horseraces and wa20 gering on those horseraces. 

21 SEC. 5. JURISDICTION OF THE COMMISSION AND THE 

22 HORSERACING INTEGRITY AND SAFETY AU23 THORITY. 

24 (a) IN GENERAL.—Beginning on the program effec25 tive date, the Commission, the Authority, and the antiVerDate Sep 11 2014 23:36 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H1754.RDS H1754

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1 doping and medication control enforcement agency, each 

2 within the scope of their powers and responsibilities under 

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

4 (1) implement and enforce the horseracing anti5 doping and medication control program and the 

6 racetrack safety program; 

7 (2) exercise independent and exclusive national 

8 authority over— 

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

10 covered horses, covered persons, and covered 

11 horseraces; and 

12 (B) all horseracing safety, performance, 

13 and anti-doping and medication control matters 

14 for covered horses, covered persons, and covered 

15 horseraces; and 

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

17 and medication control authority over covered per18 sons similar to such authority of the State racing 

19 commissions before the program effective date. 

20 (b) PREEMPTION.—The rules of the Authority pro21 mulgated in accordance with this Act shall preempt any 

22 provision of State law or regulation with respect to mat23 ters within the jurisdiction of the Authority under this 

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


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1 Act shall be construed to limit the authority of the Com2 mission under any other provision of law. 

3 (c) DUTIES.— 

4 (1) IN GENERAL.—The Authority— 

5 (A) shall develop uniform procedures and 

6 rules authorizing— 

7 (i) access to offices, racetrack facili8 ties, other places of business, books, 

9 records, and personal property of covered 

10 persons that are used in the care, treat11 ment, training, and racing of covered 

12 horses; 

13 (ii) issuance and enforcement of sub14 poenas and subpoenas duces tecum; and 

15 (iii) other investigatory powers of the 

16 nature and scope exercised by State racing 

17 commissions before the program effective 

18 date; and 

19 (B) with respect to an unfair or deceptive 

20 act or practice described in section 10, may rec21 ommend that the Commission commence an en22 forcement action. 

23 (2) APPROVAL OF COMMISSION.—The proce24 dures and rules developed under paragraph (1)(A) 


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1 shall be subject to approval by the Commission in 

2 accordance with section 4. 

3 (d) REGISTRATION OF COVERED PERSONS WITH AU4 THORITY.— 

5 (1) IN GENERAL.—As a condition of partici6 pating in covered races and in the care, ownership, 

7 treatment, and training of covered horses, a covered 

8 person shall register with the Authority in accord9 ance with rules promulgated by the Authority and 

10 approved by the Commission in accordance with sec11 tion 4. 

12 (2) AGREEMENT WITH RESPECT TO AUTHORITY

13 RULES, STANDARDS, AND PROCEDURES.—Registra14 tion under this subsection shall include an agree15 ment by the covered person to be subject to and 

16 comply with the rules, standards, and procedures de17 veloped and approved under subsection (c). 

18 (3) COOPERATION.—A covered person reg19 istered under this subsection shall, at all times— 

20 (A) cooperate with the Commission, the 

21 Authority, the anti-doping and medication con22 trol enforcement agency, and any respective 

23 designee, during any civil investigation; and 

24 (B) respond truthfully and completely to 

25 the best of the knowledge of the covered person 


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1 if questioned by the Commission, the Authority, 

2 the anti-doping and medication control enforce3 ment agency, or any respective designee. 

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

5 covered person to comply with this subsection shall 

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

7 (e) ENFORCEMENT OF PROGRAMS.— 

8 (1) ANTI-DOPING AND MEDICATION CONTROL

9 ENFORCEMENT AGENCY.— 

10 (A) AGREEMENT WITH USADA.—The Au11 thority shall seek to enter into an agreement 

12 with the United States Anti-Doping Agency 

13 under which the Agency acts as the anti-doping 

14 and medication control enforcement agency 

15 under this Act for services consistent with the 

16 horseracing anti-doping and medication control 

17 program. 

18 (B) AGREEMENT WITH OTHER ENTITY.—If 

19 the Authority and the United States Anti20 Doping Agency are unable to enter into the 

21 agreement described in subparagraph (A), the 

22 Authority shall enter into an agreement with an 

23 entity that is nationally recognized as being a 

24 medication regulation agency equal in qualifica25 tion to the United States Anti-Doping Agency 


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1 to act as the anti-doping and medication control 

2 enforcement agency under this Act for services 

3 consistent with the horseracing anti-doping and 

4 medication control program. 

5 (C) NEGOTIATIONS.—Any negotiations 

6 under this paragraph shall be conducted in 

7 good faith and designed to achieve efficient, ef8 fective best practices for anti-doping and medi9 cation control and enforcement on commercially 

10 reasonable terms. 

11 (D) ELEMENTS OF AGREEMENT.—Any 

12 agreement under this paragraph shall include a 

13 description of the scope of work, performance 

14 metrics, reporting obligations, and budgets of 

15 the United States Anti-Doping Agency while 

16 acting as the anti-doping and medication con17 trol enforcement agency under this Act, as well 

18 as a provision for the revision of the agreement 

19 to increase in the scope of work as provided for 

20 in subsection (k), and any other matter the Au21 thority considers appropriate. 

22 (E) DUTIES AND POWERS OF ENFORCE23 MENT AGENCY.—The anti-doping and medica24 tion control enforcement agency under an 

25 agreement under this paragraph shall— 


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1 (i) serve as the independent anti2 doping and medication control enforcement 

3 organization for covered horses, covered 

4 persons, and covered horseraces, imple5 menting the anti-doping and medication 

6 control program on behalf of the Author7 ity; 

8 (ii) ensure that covered horses and 

9 covered persons are deterred from using or 

10 administering medications, substances, and 

11 methods in violation of the rules estab12 lished in accordance with this Act; 

13 (iii) implement anti-doping education, 

14 research, testing, compliance and adjudica15 tion programs designed to prevent covered 

16 persons and covered horses from using or 

17 administering medications, substances, and 

18 methods in violation of the rules estab19 lished in accordance with this Act; 

20 (iv) exercise the powers specified in 

21 section 6(c)(4) in accordance with that sec22 tion; and 

23 (v) implement and undertake any 

24 other responsibilities specified in the agree25 ment. 


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1 (F) TERM AND EXTENSION.— 

2 (i) TERM OF INITIAL AGREEMENT.— 

3 The initial agreement entered into by the 

4 Authority under this paragraph shall be in 

5 effect for the 5-year period beginning on 

6 the program effective date. 

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

8 year period described in clause (i), the Au9 thority may— 

10 (I) extend the term of the initial 

11 agreement under this paragraph for 

12 such additional term as is provided by 

13 the rules of the Authority and con14 sistent with this Act; or 

15 (II) enter into an agreement 

16 meeting the requirements of this para17 graph with an entity described by sub18 paragraph (B) for such term as is 

19 provided by such rules and consistent 

20 with this Act. 

21 (2) AGREEMENTS FOR ENFORCEMENT BY

22 STATE RACING COMMISSIONS.— 

23 (A) STATE RACING COMMISSIONS.— 

24 (i) RACETRACK SAFETY PROGRAM.— 

25 The Authority may enter into agreements 


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1 with State racing commissions for services 

2 consistent with the enforcement of the 

3 racetrack safety program. 

4 (ii) ANTI-DOPING AND MEDICATION

5 CONTROL PROGRAM.—The anti-doping and 

6 medication control enforcement agency 

7 may enter into agreements with State rac8 ing commissions for services consistent 

9 with the enforcement of the anti-doping 

10 and medication control program. 

11 (B) ELEMENTS OF AGREEMENTS.—Any 

12 agreement under this paragraph shall include a 

13 description of the scope of work, performance 

14 metrics, reporting obligations, budgets, and any 

15 other matter the Authority considers appro16 priate. 

17 (3) ENFORCEMENT OF STANDARDS.—The Au18 thority may coordinate with State racing commis19 sions and other State regulatory agencies to monitor 

20 and enforce racetrack compliance with the standards 

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

22 7(c). 

23 (f) PROCEDURES WITH RESPECT TO RULES OF AU24 THORITY.— 


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1 (1) ANTI-DOPING AND MEDICATION CON2 TROL.— 

3 (A) IN GENERAL.—Recommendations for 

4 rules regarding anti-doping and medication con5 trol shall be developed in accordance with sec6 tion 6. 

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

8 medication control enforcement agency shall 

9 consult with the anti-doping and medication 

10 control standing committee and the Board of 

11 the Authority on all anti-doping and medication 

12 control rules of the Authority. 

13 (2) RACETRACK SAFETY.—Recommendations 

14 for rules regarding racetrack safety shall be devel15 oped by the racetrack safety standing committee of 

16 the Authority. 

17 (g) ISSUANCE OF GUIDANCE.— 

18 (1) The Authority may issue guidance that— 

19 (A) sets forth— 

20 (i) an interpretation of an existing 

21 rule, standard, or procedure of the Author22 ity; or 

23 (ii) a policy or practice with respect to 

24 the administration or enforcement of such 


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1 an existing rule, standard, or procedure; 

2 and 

3 (B) relates solely to— 

4 (i) the administration of the Author5 ity; or 

6 (ii) any other matter, as specified by 

7 the Commission, by rule, consistent with 

8 the public interest and the purposes of this 

9 subsection. 

10 (2) SUBMITTAL TO COMMISSION.—The Author11 ity shall submit to the Commission any guidance 

12 issued under paragraph (1). 

13 (3) IMMEDIATE EFFECT.—Guidance issued 

14 under paragraph (1) shall take effect on the date on 

15 which the guidance is submitted to the Commission 

16 under paragraph (2). 

17 (h) SUBPOENA AND INVESTIGATORY AUTHORITY.— 

18 The Authority shall have subpoena and investigatory au19 thority with respect to civil violations committed under its 

20 jurisdiction. 

21 (i) CIVIL PENALTIES.—The Authority shall develop 

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

23 rules for covered persons and covered horseraces under its 

24 jurisdiction. 

25 (j) CIVIL ACTIONS.— 


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

2 imposed under section 8, the Authority may com3 mence a civil action against a covered person or 

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

5 to engage, in acts or practices constituting a viola6 tion of this Act or any rule established under this 

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

8 the United States District Court for the District of 

9 Columbia, or the United States courts of any terri10 tory or other place subject to the jurisdiction of the 

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

12 enforce any civil sanctions imposed under that sec13 tion, and for all other relief to which the Authority 

14 may be entitled. 

15 (2) INJUNCTIONS AND RESTRAINING ORDERS.— 

16 With respect to a civil action commenced under 

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

18 or temporary injunction or restraining order shall be 

19 granted without bond. 

20 (k) LIMITATIONS ON AUTHORITY.— 

21 (1) PROSPECTIVE APPLICATION.—The jurisdic22 tion and authority of the Authority and the Commis23 sion with respect to the horseracing anti-doping and 

24 medication control program and the racetrack safety 

25 program shall be prospective only. 


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1 (2) PREVIOUS MATTERS.— 

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

3 Commission may not investigate, prosecute, ad4 judicate, or penalize conduct in violation of the 

5 horseracing anti-doping and medication control 

6 program and the racetrack safety program that 

7 occurs before the program effective date. 

8 (B) STATE RACING COMMISSION.—With re9 spect to conduct described in subparagraph (A), 

10 the applicable State racing commission shall re11 tain authority until the final resolution of the 

12 matter. 

13 (3) OTHER LAWS UNAFFECTED.—This Act 

14 shall not be construed to modify, impair or restrict 

15 the operation of the general laws or regulations, as 

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

17 States, the States and their political subdivisions re18 lating to criminal conduct, cruelty to animals, mat19 ters unrelated to antidoping, medication control and 

20 racetrack and racing safety of covered horses and 

21 covered races, and the use of medication in human 

22 participants in covered races. 

23 (l) ELECTION FOR OTHER BREED COVERAGE UNDER

24 ACT.— 


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

2 or a breed governing organization for a breed of 

3 horses other than Thoroughbred horses may elect to 

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

5 of a designated election form and subsequent ap6 proval by the Authority. A State racing commission 

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

8 applicable State only. 

9 (2) ELECTION CONDITIONAL ON FUNDING

10 MECHANISM.—A commission or organization may 

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

12 commission or organization has in place a mecha13 nism to provide sufficient funds to cover the costs of 

14 the administration of this Act with respect to the 

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

16 of the election. 

17 (3) APPORTIONMENT.—The Authority shall ap18 portion costs described in paragraph (2) in connec19 tion with an election under paragraph (1) fairly 

20 among all impacted segments of the horseracing in21 dustry, subject to approval by the Commission in ac22 cordance with section 4. Such apportionment may 

23 not provide for the allocation of costs or funds 

24 among breeds of horses. 


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1 SEC. 6. HORSERACING ANTI-DOPING AND MEDICATION 

2 CONTROL PROGRAM. 

3 (a) PROGRAM REQUIRED.— 

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

5 effective date, and after notice and an opportunity 

6 for public comment in accordance with section 4, the 

7 Authority shall establish a horseracing anti-doping 

8 and medication control program applicable to all 

9 covered horses, covered persons, and covered 

10 horseraces in accordance with the registration of 

11 covered persons under section 5(d). 

12 (2) CONSIDERATION OF OTHER BREEDS.—In 

13 developing the horseracing anti-doping and medica14 tion control program with respect to a breed of horse 

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

16 State racing commission or the breed governing or17 ganization for such horse under section 5(k), the 

18 Authority shall consider the unique characteristics of 

19 such breed. 

20 (b) CONSIDERATIONS IN DEVELOPMENT OF PRO21 GRAM.—In developing the horseracing anti-doping and 

22 medication control program, the Authority shall take into 

23 consideration the following: 

24 (1) Covered horses should compete only when 

25 they are free from the influence of medications, 


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1 other foreign substances, and methods that affect 

2 their performance. 

3 (2) Covered horses that are injured or unsound 

4 should not train or participate in covered races, and 

5 the use of medications, other foreign substances, and 

6 treatment methods that mask or deaden pain in 

7 order to allow injured or unsound horses to train or 

8 race should be prohibited. 

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

10 regulating medication and treatment methods for 

11 covered horses and covered races should be uniform 

12 and uniformly administered nationally. 

13 (4) To the extent consistent with this Act, con14 sideration should be given to international anti15 doping and medication control standards of the 

16 International Federation of Horseracing Authorities 

17 and the Principles of Veterinary Medical Ethics of 

18 the American Veterinary Medical Association. 

19 (5) The administration of medications and 

20 treatment methods to covered horses should be 

21 based upon an examination and diagnosis that iden22 tifies an issue requiring treatment for which the 

23 medication or method represents an appropriate 

24 component of treatment. 


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1 (6) The amount of therapeutic medication that 

2 a covered horse receives should be the minimum nec3 essary to address the diagnosed health concerns 

4 identified during the examination and diagnostic 

5 process. 

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

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

8 require full disclosure to regulatory authorities re9 garding the administration of medications and treat10 ments to covered horses. 

11 (c) ACTIVITIES.—The following activities shall be car12 ried out under the horseracing anti-doping and medication 

13 control program: 

14 (1) STANDARDS FOR ANTI-DOPING AND MEDI15 CATION CONTROL.—Not later than 120 days before 

16 the program effective date, the Authority shall issue, 

17 by rule— 

18 (A) uniform standards for— 

19 (i) the administration of medication to 

20 covered horses by covered persons; and 

21 (ii) laboratory testing accreditation 

22 and protocols; and 

23 (B) a list of permitted and prohibited 

24 medications, substances, and methods, including 


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1 allowable limits of permitted medications, sub2 stances, and methods. 

3 (2) REVIEW PROCESS FOR ADMINISTRATION OF

4 MEDICATION.—The development of a review process 

5 for the administration of any medication to a cov6 ered horse during the 48-hour period preceding the 

7 next racing start of the covered horse. 

8 (3) AGREEMENT REQUIREMENTS.—The devel9 opment of requirements with respect to agreements 

10 under section 5(e). 

11 (4) ANTI-DOPING AND MEDICATION CONTROL

12 ENFORCEMENT AGENCY.— 

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

14 Except as provided in paragraph (5), the anti15 doping and medication control program enforce16 ment agency under section 5(e) shall, in con17 sultation with the anti-doping and medication 

18 control standing committee of the Authority 

19 and consistent with international best practices, 

20 develop and recommend anti-doping and medi21 cation control rules, protocols, policies, and 

22 guidelines for approval by the Authority. 

23 (B) RESULTS MANAGEMENT.—The anti24 doping and medication control enforcement 

25 agency shall conduct and oversee anti-doping 


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1 and medication control results management, in2 cluding independent investigations, charging 

3 and adjudication of potential medication control 

4 rule violations, and the enforcement of any civil 

5 sanctions for such violations. Any final decision 

6 or civil sanction of the anti-doping and medica7 tion control enforcement agency under this sub8 paragraph shall be the final decision or civil 

9 sanction of the Authority, subject to review in 

10 accordance with section 9. 

11 (C) TESTING.—The anti-doping enforce12 ment agency shall perform and manage test dis13 tribution planning (including intelligence-based 

14 testing), the sample collection process, and in15 competition and out-of-competition testing (in16 cluding no-advance-notice testing). 

17 (D) TESTING LABORATORIES.—The anti18 doping and medication control enforcement 

19 agency shall accredit testing laboratories based 

20 upon the standards established under this Act, 

21 and shall monitor, test, and audit accredited 

22 laboratories to ensure continuing compliance 

23 with accreditation standards. 

24 (5) ANTI-DOPING AND MEDICATION CONTROL

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1 cation control standing committee shall, in consulta2 tion with the anti-doping and medication control en3 forcement agency, develop lists of permitted and pro4 hibited medications, methods, and substances for 

5 recommendation to, and approval by, the Authority. 

6 Any such list may prohibit the administration of any 

7 substance or method to a horse at any time after 

8 such horse becomes a covered horse if the Authority 

9 determines such substance or method has a long10 term degrading effect on the soundness of a horse. 

11 (d) PROHIBITION.—Except as provided in sub12 sections (e) and (f), the horseracing anti-doping and medi13 cation control program shall prohibit the administration 

14 of any prohibited or otherwise permitted substance to a 

15 covered horse within 48 hours of its next racing start, ef16 fective as of the program effective date. 

17 (e) ADVISORY COMMITTEE STUDY AND REPORT.— 

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

19 effective date, the Authority shall convene an advi20 sory committee comprised of horseracing anti-doping 

21 and medication control industry experts, including a 

22 member designated by the anti-doping and medica23 tion control enforcement agency, to conduct a study 

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

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


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1 effect of furosemide on equine health and the integ2 rity of competition and any other matter the Author3 ity considers appropriate. 

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

5 the program effective date, the Authority shall direct 

6 the advisory committee convened under paragraph 

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

8 the study conducted under that paragraph that in9 cludes recommended changes, if any, to the prohibi10 tion in subsection (d). 

11 (3) MODIFICATION OF PROHIBITION.— 

12 (A) IN GENERAL.—After receipt of the re13 port required by paragraph (2), the Authority 

14 may, by unanimous vote of the Board of the 

15 Authority, modify the prohibition in subsection 

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

17 such modification shall apply to all States be18 ginning on the date that is three years after the 

19 program effective date. 

20 (B) CONDITION.—In order for a unani21 mous vote described in subparagraph (A) to ef22 fect a modification of the prohibition in sub23 section (d), the vote must include unanimous 

24 adoption of each of the following findings: 


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1 (i) That the modification is war2 ranted. 

3 (ii) That the modification is in the 

4 best interests of horse racing. 

5 (iii) That furosemide has no perform6 ance enhancing effect on individual horses. 

7 (iv) That public confidence in the in8 tegrity and safety of racing would not be 

9 adversely affected by the modification. 

10 (f) EXEMPTION.— 

11 (1) IN GENERAL.—Except as provided in para12 graph (2), only during the three-year period begin13 ning on the program effective date, a State racing 

14 commission may submit to the Authority, at such 

15 time and in such manner as the Authority may re16 quire, a request for an exemption from the prohibi17 tion in subsection (d) with respect to the use of 

18 furosemide on covered horses during such period. 

19 (2) EXCEPTIONS.—An exemption under para20 graph (1) may not be requested for— 

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

22 (B) covered horses competing in stakes 

23 races. 

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

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1 ing commission’s requested limitations on the use of 

2 furosemide that would apply to the State under the 

3 horseracing anti-doping and medication control pro4 gram during such period. Such limitations shall be 

5 no less restrictive on the use and administration of 

6 furosemide than the restrictions set forth in State’s 

7 laws and regulations in effect as of September 1, 

8 2020. 

9 (4) GRANT OF EXEMPTION.—Subject to sub10 section (e)(3), the Authority shall grant an exemp11 tion requested under paragraph (1) for the remain12 der of such period and shall allow the use of 

13 furosemide on covered horses in the applicable State, 

14 in accordance with the requested limitations. 

15 (g) BASELINE ANTI-DOPING AND MEDICATION CON16 TROL RULES.— 

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

18 the baseline anti-doping and medication control rules 

19 described in paragraph (2) shall— 

20 (A) constitute the initial rules of the horse21 racing anti-doping and medication control pro22 gram; and 

23 (B) except as exempted pursuant to sub24 sections (e) and (f), remain in effect at all 

25 times after the program effective date. 


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1 (2) BASELINE ANTI-DOPING MEDICATION CON2 TROL RULES DESCRIBED.— 

3 (A) IN GENERAL.—The baseline anti4 doping and medication control rules described 

5 in this paragraph are the following: 

6 (i) The lists of permitted and prohib7 ited substances (including drugs, medica8 tions, and naturally occurring substances 

9 and synthetically occurring substances) in 

10 effect for the International Federation of 

11 Horseracing Authorities, including the 

12 International Federation of Horseracing 

13 Authorities International Screening Limits 

14 for urine, dated May 2019, and the Inter15 national Federation of Horseracing Au16 thorities International Screening Limits for 

17 plasma, dated May 2019. 

18 (ii) The World Anti-Doping Agency 

19 International Standard for Laboratories 

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

21 (iii) The Association of Racing Com22 missioners International out-of-competition 

23 testing standards, Model Rules of Racing 

24 (version 9.2). 


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1 (iv) The Association of Racing Com2 missioners International penalty and mul3 tiple medication violation rules, Model 

4 Rules of Racing (version 6.2). 

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

6 a conflict among the rules described in subpara7 graph (A), the most stringent rule shall apply. 

8 (3) MODIFICATIONS TO BASELINE RULES.— 

9 (A) DEVELOPMENT BY ANTI-DOPING AND

10 MEDICATION CONTROL STANDING COM11 MITTEE.—The anti-doping and medication con12 trol standing committee, in consultation with 

13 the anti-doping and medication control enforce14 ment agency, may develop and submit to the 

15 Authority for approval by the Authority pro16 posed modifications to the baseline anti-doping 

17 and medication control rules. 

18 (B) AUTHORITY APPROVAL.—If the Au19 thority approves a proposed modification under 

20 this paragraph, the proposed modification shall 

21 be submitted to and considered by the Commis22 sion in accordance with section 4. 

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1 posed modification that renders an anti-doping 

2 and medication control rule less stringent than 

3 the baseline anti-doping and medication control 

4 rules described in paragraph (2) (including by 

5 increasing permitted medication thresholds, 

6 adding permitted medications, removing prohib7 ited medications, or weakening enforcement 

8 mechanisms) without the approval of the anti9 doping and medication control enforcement 

10 agency. 

11 SEC. 7. RACETRACK SAFETY PROGRAM. 

12 (a) ESTABLISHMENT AND CONSIDERATIONS.— 

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

14 effective date, and after notice and an opportunity 

15 for public comment in accordance with section 4, the 

16 Authority shall establish a racetrack safety program 

17 applicable to all covered horses, covered persons, and 

18 covered horseraces in accordance with the registra19 tion of covered persons under section 5(d). 

20 (2) CONSIDERATIONS IN DEVELOPMENT OF

21 SAFETY PROGRAM.—In the development of the 

22 horseracing safety program for covered horses, cov23 ered persons, and covered horseraces, the Authority 

24 and the Commission shall take into consideration ex25 isting safety standards including the National ThorVerDate Sep 11 2014 23:36 Jan 04, 2021 Jkt 019200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H1754.RDS H1754

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1 oughbred Racing Association Safety and Integrity 

2 Alliance Code of Standards, the International Fed3 eration of Horseracing Authority’s International 

4 Agreement on Breeding, Racing, and Wagering, and 

5 the British Horseracing Authority’s Equine Health 

6 and Welfare program. 

7 (b) ELEMENTS OF HORSERACING SAFETY PRO8 GRAM.—The horseracing safety program shall include the 

9 following: 

10 (1) A set of training and racing safety stand11 ards and protocols taking into account regional dif12 ferences and the character of differing racing facili13 ties. 

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

15 standards and protocols consistent with the humane 

16 treatment of covered horses, which may include lists 

17 of permitted and prohibited practices or methods 

18 (such as crop use). 

19 (3) A racing surface quality maintenance sys20 tem that— 

21 (A) takes into account regional differences 

22 and the character of differing racing facilities; 

23 and 

24 (B) may include requirements for track 

25 surface design and consistency and established 


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1 standard operating procedures related to track 

2 surface, monitoring, and maintenance (such as 

3 standardized seasonal assessment, daily track4 ing, and measurement). 

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

6 protocols, that may include rules governing oversight 

7 and movement of covered horses and human and 

8 equine injury reporting and prevention. 

9 (5) Programs for injury and fatality data anal10 ysis, that may include pre- and post-training and 

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

12 concussion protocols. 

13 (6) The undertaking of investigations at race14 track and non-racetrack facilities related to safety 

15 violations. 

16 (7) Procedures for investigating, charging, and 

17 adjudicating violations and for the enforcement of 

18 civil sanctions for violations. 

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

20 (9) Disciplinary hearings, which may include 

21 binding arbitration, civil sanctions, and research. 

22 (10) Management of violation results. 

23 (11) Programs relating to safety and perform24 ance research and education. 


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1 (12) An evaluation and accreditation program 

2 that ensures that racetracks in the United States 

3 meet the standards described in the elements of the 

4 Horseracing Safety Program. 

5 (c) ACTIVITIES.—The following activities shall be car6 ried out under the racetrack safety program: 

7 (1) STANDARDS FOR RACETRACK SAFETY.— 

8 The development, by the racetrack safety standing 

9 committee of the Authority in section 3(c)(2) of uni10 form standards for racetrack and horseracing safety. 

11 (2) STANDARDS FOR SAFETY AND PERFORM12 ANCE ACCREDITATION.— 

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

14 days before the program effective date, the Au15 thority, in consultation with the racetrack safe16 ty standing committee, shall issue, by rule in 

17 accordance with section 4— 

18 (i) safety and performance standards 

19 of accreditation for racetracks; and 

20 (ii) the process by which a racetrack 

21 may achieve and maintain accreditation by 

22 the Authority. 

23 (B) MODIFICATIONS.— 

24 (i) IN GENERAL.—The Authority may 

25 modify rules establishing the standards 


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1 issued under subparagraph (A), as the Au2 thority considers appropriate. 

3 (ii) NOTICE AND COMMENT.—The 

4 Commission shall publish in the Federal 

5 Register any proposed rule of the Author6 ity, and provide an opportunity for public 

7 comment with respect to, any modification 

8 under clause (i) in accordance with section 

9 4. 

10 (C) EXTENSION OF PROVISIONAL OR IN11 TERIM ACCREDITATION.—The Authority may, 

12 by rule in accordance with section 4, extend 

13 provisional or interim accreditation to a race14 track accredited by the National Thoroughbred 

15 Racing Association Safety and Integrity Alli16 ance on a date before the program effective 

17 date. 

18 (3) NATIONWIDE SAFETY AND PERFORMANCE

19 DATABASE.— 

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

21 after the program effective date, and after no22 tice and an opportunity for public comment in 

23 accordance with section 4, the Authority, in 

24 consultation with the Commission, shall develop 

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1 horse safety, performance, health, and injury 

2 information for the purpose of conducting an 

3 epidemiological study. 

4 (B) COLLECTION OF INFORMATION.—In 

5 accordance with the registration of covered per6 sons under section 5(d), the Authority may re7 quire covered persons to collect and submit to 

8 the database described in subparagraph (A) 

9 such information as the Authority may require 

10 to further the goal of increased racehorse wel11 fare. 

12 SEC. 8. RULE VIOLATIONS AND CIVIL SANCTIONS. 

13 (a) DESCRIPTION OF RULE VIOLATIONS.— 

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

15 rule in accordance with section 4, a description of 

16 safety, performance, and anti-doping and medication 

17 control rule violations applicable to covered horses 

18 and covered persons. 

19 (2) ELEMENTS.—The description of rule viola20 tions established under paragraph (1) may include 

21 the following: 

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

23 liability for covered trainers for— 


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1 (i) the presence of a prohibited sub2 stance or method in a sample or the use of 

3 a prohibited substance or method; 

4 (ii) the presence of a permitted sub5 stance in a sample in excess of the amount 

6 allowed by the horseracing anti-doping and 

7 medication control program; and 

8 (iii) the use of a permitted method in 

9 violation of the applicable limitations es10 tablished under the horseracing anti11 doping and medication control program. 

12 (B) Attempted use of a prohibited sub13 stance or method on a covered horse. 

14 (C) Possession of any prohibited substance 

15 or method. 

16 (D) Attempted possession of any prohib17 ited substance or method. 

18 (E) Administration or attempted adminis19 tration of any prohibited substance or method 

20 on a covered horse. 

21 (F) Refusal or failure, without compelling 

22 justification, to submit a covered horse for sam23 ple collection. 


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1 (G) Failure to cooperate with the Author2 ity or an agent of the Authority during any in3 vestigation. 

4 (H) Failure to respond truthfully, to the 

5 best of a covered person’s knowledge, to a ques6 tion of the Authority or an agent of the Author7 ity with respect to any matter under the juris8 diction of the Authority. 

9 (I) Tampering or attempted tampering 

10 with the application of the safety, performance, 

11 or anti-doping and medication control rules or 

12 process adopted by the Authority, including— 

13 (i) the intentional interference, or an 

14 attempt to interfere, with an official or 

15 agent of the Authority; 

16 (ii) the procurement or the provision 

17 of fraudulent information to the Authority 

18 or agent; and 

19 (iii) the intimidation of, or an attempt 

20 to intimidate, a potential witness. 

21 (J) Trafficking or attempted trafficking in 

22 any prohibited substance or method. 

23 (K) Assisting, encouraging, aiding, abet24 ting, conspiring, covering up, or any other type 

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1 formance, or anti-doping and medication control 

2 rule violation or the violation of a period of sus3 pension or eligibility. 

4 (L) Threatening or seeking to intimidate a 

5 person with the intent of discouraging the per6 son from the good faith reporting to the Au7 thority, an agent of the Authority or the Com8 mission, or the anti-doping and medication con9 trol enforcement agency under section 5(e), of 

10 information that relates to— 

11 (i) an alleged safety, performance, or 

12 anti-doping and medication control rule 

13 violation; or 

14 (ii) alleged noncompliance with a safe15 ty, performance, or anti-doping and medi16 cation control rule. 

17 (b) TESTING LABORATORIES.— 

18 (1) ACCREDITATION AND STANDARDS.—Not 

19 later than 120 days before the program effective 

20 date, the Authority shall, in consultation with the 

21 anti-doping and medication control enforcement 

22 agency, establish, by rule in accordance with section 

23 4— 


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1 (A) standards of accreditation for labora2 tories involved in testing samples from covered 

3 horses; 

4 (B) the process for achieving and main5 taining accreditation; and 

6 (C) the standards and protocols for testing 

7 such samples. 

8 (2) ADMINISTRATION.—The accreditation of 

9 laboratories and the conduct of audits of accredited 

10 laboratories to ensure compliance with Authority 

11 rules shall be administered by the anti-doping and 

12 medication control enforcement agency. The anti13 doping and medication control enforcement agency 

14 shall have the authority to require specific test sam15 ples to be directed to and tested by laboratories hav16 ing special expertise in the required tests. 

17 (3) EXTENSION OF PROVISIONAL OR INTERIM

18 ACCREDITATION.—The Authority may, by rule in ac19 cordance with section 4, extend provisional or in20 terim accreditation to a laboratory accredited by the 

21 Racing Medication and Testing Consortium, Inc., on 

22 a date before the program effective date. 

23 (4) SELECTION OF LABORATORIES.— 

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

25 paragraph (2), a State racing commission may 


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1 select a laboratory accredited in accordance 

2 with the standards established under paragraph 

3 (1) to test samples taken in the applicable 

4 State. 

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

6 State racing commission does not select an ac7 credited laboratory under subparagraph (A), 

8 the Authority shall select such a laboratory to 

9 test samples taken in the State concerned. 

10 (c) RESULTS MANAGEMENT AND DISCIPLINARY

11 PROCESS.— 

12 (1) IN GENERAL.—Not later than 120 days be13 fore the program effective date, the Authority shall 

14 establish in accordance with section 4— 

15 (A) rules for safety, performance, and anti16 doping and medication control results manage17 ment; and 

18 (B) the disciplinary process for safety, per19 formance, and anti-doping and medication con20 trol rule violations. 

21 (2) ELEMENTS.—The rules and process estab22 lished under paragraph (1) shall include the fol23 lowing: 


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1 (A) Provisions for notification of safety, 

2 performance, and anti-doping and medication 

3 control rule violations. 

4 (B) Hearing procedures. 

5 (C) Standards for burden of proof. 

6 (D) Presumptions. 

7 (E) Evidentiary rules. 

8 (F) Appeals. 

9 (G) Guidelines for confidentiality and pub10 lic reporting of decisions. 

11 (3) DUE PROCESS.—The rules established 

12 under paragraph (1) shall provide for adequate due 

13 process, including impartial hearing officers or tribu14 nals commensurate with the seriousness of the al15 leged safety, performance, or anti-doping and medi16 cation control rule violation and the possible civil 

17 sanctions for such violation. 

18 (d) CIVIL SANCTIONS.— 

19 (1) IN GENERAL.—The Authority shall estab20 lish uniform rules, in accordance with section 4, im21 posing civil sanctions against covered persons or cov22 ered horses for safety, performance, and anti-doping 

23 and medication control rule violations. 

24 (2) REQUIREMENTS.—The rules established 

25 under paragraph (1) shall— 


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1 (A) take into account the unique aspects of 

2 horseracing; 

3 (B) be designed to ensure fair and trans4 parent horseraces; and 

5 (C) deter safety, performance, and anti6 doping and medication control rule violations. 

7 (3) SEVERITY.—The civil sanctions under para8 graph (1) may include— 

9 (A) lifetime bans from horseracing, 

10 disgorgement of purses, monetary fines and 

11 penalties, and changes to the order of finish in 

12 covered races; and 

13 (B) with respect to anti-doping and medi14 cation control rule violators, an opportunity to 

15 reduce the applicable civil sanctions that is 

16 comparable to the opportunity provided by the 

17 Protocol for Olympic Movement Testing of the 

18 United States Anti-Doping Agency. 

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

20 modification to any rule established under this section as 

21 the Authority considers appropriate, and the proposed 

22 modification shall be submitted to and considered by the 

23 Commission in accordance with section 4. 


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

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

3 imposes a final civil sanction for a violation committed by 

4 a covered person pursuant to the rules or standards of 

5 the Authority, the Authority shall promptly submit to the 

6 Commission notice of the civil sanction in such form as 

7 the Commission may require. 

8 (b) REVIEW BY ADMINISTRATIVE LAW JUDGE.— 

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

10 sanction imposed by the Authority, on application by 

11 the Commission or a person aggrieved by the civil 

12 sanction filed not later than 30 days after the date 

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

14 the civil sanction shall be subject to de novo review 

15 by an administrative law judge. 

16 (2) NATURE OF REVIEW.— 

17 (A) IN GENERAL.—In matters reviewed 

18 under this subsection, the administrative law 

19 judge shall determine whether— 

20 (i) a person has engaged in such acts 

21 or practices, or has omitted such acts or 

22 practices, as the Authority has found the 

23 person to have engaged in or omitted; 

24 (ii) such acts, practices, or omissions 

25 are in violation of this Act or the anti26 doping and medication control or racetrack 


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1 safety rules approved by the Commission; 

2 or 

3 (iii) the final civil sanction of the Au4 thority was arbitrary, capricious, an abuse 

5 of discretion, or otherwise not in accord6 ance with law. 

7 (B) CONDUCT OF HEARING.—An adminis8 trative law judge shall conduct a hearing under 

9 this subsection in such a manner as the Com10 mission may specify by rule, which shall con11 form to section 556 of title 5, United States 

12 Code. 

13 (3) DECISION BY ADMINISTRATIVE LAW

14 JUDGE.— 

15 (A) IN GENERAL.—With respect to a mat16 ter reviewed under this subsection, an adminis17 trative law judge— 

18 (i) shall render a decision not later 

19 than 60 days after the conclusion of the 

20 hearing; 

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

22 aside, or remand for further proceedings, 

23 in whole or in part, the final civil sanction 

24 of the Authority; and 


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1 (iii) may make any finding or conclu2 sion that, in the judgment of the adminis3 trative law judge, is proper and based on 

4 the record. 

5 (B) FINAL DECISION.—A decision under 

6 this paragraph shall constitute the decision of 

7 the Commission without further proceedings 

8 unless a notice or an application for review is 

9 timely filed under subsection (c). 

10 (c) REVIEW BY COMMISSION.— 

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

12 Commission may, on its own motion, review any de13 cision of an administrative law judge issued under 

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

15 Authority and any interested party not later than 30 

16 days after the date on which the administrative law 

17 judge issues the decision. 

18 (2) APPLICATION FOR REVIEW.— 

19 (A) IN GENERAL.—The Authority or a per20 son aggrieved by a decision issued under sub21 section (b)(3) may petition the Commission for 

22 review of such decision by filing an application 

23 for review not later than 30 days after the date 

24 on which the administrative law judge issues 

25 the decision. 


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1 (B) EFFECT OF DENIAL OF APPLICATION

2 FOR REVIEW.—If an application for review 

3 under subparagraph (A) is denied, the decision 

4 of the administrative law judge shall constitute 

5 the decision of the Commission without further 

6 proceedings. 

7 (C) DISCRETION OF COMMISSION.— 

8 (i) IN GENERAL.—A decision with re9 spect to whether to grant an application 

10 for review under subparagraph (A) is sub11 ject to the discretion of the Commission. 

12 (ii) MATTERS TO BE CONSIDERED.— 

13 In determining whether to grant such an 

14 application for review, the Commission 

15 shall consider whether the application 

16 makes a reasonable showing that— 

17 (I) a prejudicial error was com18 mitted in the conduct of the pro19 ceeding; or 

20 (II) the decision involved— 

21 (aa) an erroneous applica22 tion of the anti-doping and medi23 cation control or racetrack safety 

24 rules approved by the Commis25 sion; or 


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1 (bb) an exercise of discretion 

2 or a decision of law or policy that 

3 warrants review by the Commis4 sion. 

5 (3) NATURE OF REVIEW.— 

6 (A) IN GENERAL.—In matters reviewed 

7 under this subsection, the Commission may— 

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

9 or remand for further proceedings, in 

10 whole or in part, the decision of the admin11 istrative law judge; and 

12 (ii) make any finding or conclusion 

13 that, in the judgement of the Commission, 

14 is proper and based on the record. 

15 (B) DE NOVO REVIEW.—The Commission 

16 shall review de novo the factual findings and 

17 conclusions of law made by the administrative 

18 law judge. 

19 (C) CONSIDERATION OF ADDITIONAL EVI20 DENCE.— 

21 (i) MOTION BY COMMISSION.—The 

22 Commission may, on its own motion, allow 

23 the consideration of additional evidence. 

24 (ii) MOTION BY A PARTY.— 


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1 (I) IN GENERAL.—A party may 

2 file a motion to consider additional 

3 evidence at any time before the 

4 issuance of a decision by the Commis5 sion, which shall show, with particu6 larity, that— 

7 (aa) such additional evidence 

8 is material; and 

9 (bb) there were reasonable 

10 grounds for failure to submit the 

11 evidence previously. 

12 (II) PROCEDURE.—The Commis13 sion may— 

14 (aa) accept or hear addi15 tional evidence; or 

16 (bb) remand the proceeding 

17 to the administrative law judge 

18 for the consideration of addi19 tional evidence. 

20 (d) STAY OF PROCEEDINGS.—Review by an adminis21 trative law judge or the Commission under this section 

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

23 Authority unless the administrative law judge or Commis24 sion orders such a stay. 


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

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

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

4 shall be considered an unfair or deceptive act or practice 

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

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

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

8 been administered— 

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

10 fourth birthday; or 

11 (B) any other substance or method the Au12 thority determines has a long-term degrading 

13 effect on the soundness of the covered horse; 

14 and 

15 (2) fails to disclose to the buyer the administra16 tion of the bisphosphonate or other substance or 

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

18 SEC. 11. STATE DELEGATION; COOPERATION. 

19 (a) STATE DELEGATION.— 

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

21 into an agreement with a State racing commission to 

22 implement, within the jurisdiction of the State rac23 ing commission, a component of the racetrack safety 

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

25 and medication control enforcement agency under 

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1 doping and medication control program, if the Au2 thority determines that the State racing commission 

3 has the ability to implement such component in ac4 cordance with the rules, standards, and require5 ments established by the Authority. 

6 (2) IMPLEMENTATION BY STATE RACING COM7 MISSION.—A State racing commission or other ap8 propriate regulatory body of a State may not imple9 ment such a component in a manner less restrictive 

10 than the rule, standard, or requirement established 

11 by the Authority. 

12 (b) COOPERATION.—To avoid duplication of func13 tions, facilities, and personnel, and to attain closer coordi14 nation and greater effectiveness and economy in adminis15 tration of Federal and State law, where conduct by any 

16 person subject to the horseracing medication control pro17 gram or the racetrack safety program may involve both 

18 a medication control or racetrack safety rule violation and 

19 violation of Federal or State law, the Authority and Fed20 eral or State law enforcement authorities shall cooperate 

21 and share information. 

22 SEC. 12. DETERMINATION OF BUDGETARY EFFECTS. 

23 The budgetary effects of this Act, for the purpose of 

24 complying with the Statutory Pay-As-You-Go Act of 2010, 

25 shall be determined by reference to the latest statement 


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1 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

2 Act, submitted for printing in the Congressional Record 

3 by the Chairman of the House Budget Committee, pro4 vided that such statement has been submitted prior to the 

5 vote on passage. 

Passed the House of Representatives September 29, 

2020. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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