II 

116TH CONGRESS 

1ST SESSION S. 1820 

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. 

IN THE SENATE OF THE UNITED STATES 

JUNE 12, 2019 

Mrs. GILLIBRAND (for herself and Ms. MCSALLY) 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 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, 

3 SECTION 1. SHORT TITLE. 

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

5 Act of 2019’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) Recognizing the substantial relation that 

2 horseracing has to interstate commerce, Congress 

3 enacted the Interstate Horseracing Act of 1978 (15 

4 U.S.C. 3001 et seq.) to regulate pari-mutuel wager5 ing on horseracing in order to protect and further 

6 the horseracing industry of the United States. This 

7 Act does not modify or supplement the Interstate 

8 Horseracing Act of 1978 or impair or restrict the 

9 operation and enforcement of State law or regulation 

10 of horseracing with respect to matters unrelated to 

11 anti-doping and medication control or for violations 

12 of State or Federal criminal law. 

13 (2) Approximately 40 percent of the 635,890 

14 starts by Thoroughbred, Quarter Horse, and Stan15 dardbred racehorses in 2018 were made by horses 

16 that competed in more than one State. Those Thor17 oughbred, Quarter Horse, and Standardbred race18 horses which participated in races in more than one 

19 State in 2018 made over 55 percent of all United 

20 States racing starts that year. 

21 (3) Uniform adoption of national anti-doping 

22 and medication control standards for horseracing in 

23 the United States will promote interstate commerce, 

24 encourage fair competition and a level playing field, 

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1 chasers of breeding stock and to the wagering pub2 lic, will improve the marketplace for domestic and 

3 international sales of United States horses, will pro4 vide a platform for consistency with all major inter5 national horseracing standards, address growing do6 mestic concerns over disparities with international 

7 rules, and provide for the safety and welfare of 

8 horses and jockeys. 

9 (4) The use of therapeutic medications in horse10 racing in the United States must place the health 

11 and welfare of the horse at the highest level of pri12 ority while achieving consistency with the uses per13 mitted in major international horseracing jurisdic14 tions. Because the various States have been unable 

15 to adopt a national uniform anti-doping and medica16 tion control program, national uniform regulations 

17 with respect to the use of, and testing for, drugs ca18 pable of affecting the results of a horse race and 

19 therapeutic medications used in horseracing, such 

20 rules, procedures, and enforcement policies should be 

21 implemented, consistent with internationally accept22 ed best practices, by an independent anti-doping and 

23 medication control organization authorized by an act 

24 of Congress. 


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1 (5) For human sports, Congress has dem2 onstrated its commitment to fair competition 

3 through legislation, oversight, funding, and by its 

4 execution of an international treaty, the UNESCO 

5 International Convention Against Doping in Sport. 

6 By ratifying the UNESCO Convention, the United 

7 States agreed to adopt appropriate measures con8 sistent with the principles of the World Anti-Doping 

9 Code and to take appropriate action, including legis10 lation, regulation, policies, or administrative prac11 tices to implement that commitment. 

12 (6) In the context of Olympic sports, Congress 

13 has recognized the United States Anti-Doping Agen14 cy as an independent anti-doping and medication 

15 control organization possessing high-level expertise 

16 and credibility in the development and administra17 tion of an anti-doping and medication control pro18 gram. 

19 (7) Congress supports the establishment of an 

20 independent anti-doping and medication control or21 ganization to ensure the wagering public’s con22 fidence in the fairness of horseracing and to 

23 strengthen and harmonize anti-doping and medica24 tion control rules and sanctions for horseracing in 

25 order to ensure fair and transparent horseraces and 


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1 to deter the commission of anti-doping and medica2 tion control rule violations. 

3 (8) The movement of horses among the States 

4 for the purpose of participating in covered horse5 races, the widespread acceptance, receipt, and trans6 mission of wagers on covered horseraces in interstate 

7 commerce, and the need to ensure integrity of com8 petition in, and wagering on, covered horseraces 

9 warrant congressional action as set forth in this Act. 

10 SEC. 3. DEFINITIONS. 

11 In this Act: 

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

13 the independent Horseracing Anti-Doping and Medi14 cation Control Authority established by section 5. 

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

16 means the Federal Trade Commission. 

17 (3) COVERED HORSERACE.—The term ‘‘covered 

18 horserace’’ means any horserace that has a substan19 tial relation to interstate commerce, including any 

20 horserace that is the subject of interstate off-track 

21 wagers. 

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

23 horse’’ means any Thoroughbred, Quarter, or Stan24 dardbred horse, beginning on the date of the horse’s 

25 first timed and reported workout at a race track 


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1 that participates in covered horseraces or a licensed 

2 training facility until the Authority receives written 

3 notice that the horse has been retired. 

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

5 persons’’ means all trainers, owners, veterinarians, 

6 persons (legal and natural) licensed by a State rac7 ing commission and the agents, assigns and employ8 ees of such persons and other horse support per9 sonnel who are engaged in the care, training, or rac10 ing of covered horses. 

11 (6) EQUINE CONSTITUENCIES.—The term 

12 ‘‘equine constituencies’’ means, collectively, the own13 ers and breeders, trainers, racetracks, veterinarians, 

14 State racing commissions, and jockeys. 

15 (7) EQUINE INDUSTRY REPRESENTATIVE.—The 

16 term ‘‘equine industry representative’’ means an or17 ganization regularly and significantly engaged in the 

18 equine industry, including organizations that rep19 resent the interests of, and whose membership con20 sists of, owners and breeders, trainers, racetracks, 

21 veterinarians, State racing commissions, and jock22 eys. 

23 (8) HORSERACING ANTI-DOPING AND MEDICA24 TION CONTROL PROGRAM.—The term ‘‘horseracing 


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1 anti-doping and medication control program’’ means 

2 the program established under section 6. 

3 (9) INTERSTATE OFF-TRACK WAGER.—The 

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

5 given such term in section 3 of the Interstate Horse6 racing Act of 1978 (15 U.S.C. 3002). 

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

8 rider or driver of a covered horse in covered horse9 races. 

10 (11) MEDICATION AND REGULATORY EX11 PERTS.—The term ‘‘medication and regulatory ex12 perts’’ means organizations or associations that are 

13 actively involved in the establishment of equine 

14 medication standards, or groups or associations rep15 resenting entities responsible for the current regula16 tion of the equine industry, or groups or associations 

17 representing equine practitioners and veterinarians. 

18 (12) OWNERS AND BREEDERS.—The term 

19 ‘‘owners and breeders’’ means those persons who ei20 ther hold ownership interests in covered horses or 

21 who are in the business of breeding covered horses. 

22 (13) PROHIBITED METHODS.—The term ‘‘pro23 hibited methods’’ means any methods that are on 

24 the list of prohibited methods identified in section 

25 6(g). 


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1 (14) PROHIBITED SUBSTANCES.—The term 

2 ‘‘prohibited substances’’ means any substances that 

3 are on the list of prohibited substances identified in 

4 section 6(g). 

5 (15) PERMITTED METHODS.—The term ‘‘per6 mitted methods’’ means those methods identified in 

7 the list of permitted methods identified in section 

8 6(g). 

9 (16) PERMITTED SUBSTANCES.—The term 

10 ‘‘permitted substances’’ means those substances con11 tained in the list of permitted substances identified 

12 in section 6(g). 

13 (17) RACETRACK.—The term ‘‘racetrack’’ 

14 means an organization licensed by a State racing 

15 commission to conduct covered horseraces. 

16 (18) STATE RACING COMMISSION.—The term 

17 ‘‘State racing commission’’ means that entity des18 ignated by State statute or, in the absence of stat19 ute, by regulation, with jurisdiction to regulate the 

20 conduct of horseracing within the State. 

21 (19) TRAINERS.—The term ‘‘trainer’’ means an 

22 individual engaged in the training of covered horses. 

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

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


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

2 timed running of a horse over a predetermined dis3 tance not associated with a race or, with regard to 

4 a horse taking part in harness or pace racing, its 

5 first qualifying race. 

6 SEC. 4. JURISDICTION FOR HORSERACING ANTI-DOPING 

7 AND MEDICATION CONTROL MATTERS. 

8 (a) IN GENERAL.—Effective upon the effective date 

9 of the anti-doping and medication control program as set 

10 forth in section 11, the Authority shall exercise authority 

11 over all horseracing anti-doping and medication control 

12 matters consistent with the provisions of this Act. 

13 (b) POWERS AND AUTHORITY.— 

14 (1) IN GENERAL.—The Authority shall be es15 tablished as a private, independent, self-regulatory, 

16 nonprofit corporation with responsibility for devel17 oping and administering an anti-doping and medica18 tion control program for covered horses, covered per19 sons, and covered horseraces consistent with the pro20 visions of this Act. 

21 (2) POWERS.—The Authority— 

22 (A) shall have the same anti-doping and 

23 medication control powers over horseracing li24 censees as the State racing commissions have in 

25 their respective States with respect to— 


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1 (i) access to offices, track facilities, 

2 and other places of business of licensees; 

3 (ii) search and seizure; 

4 (iii) issuance and enforcement of sub5 poenas and subpoenas duces tecum; and 

6 (iv) other investigatory powers; and 

7 (B) with respect to an unfair or deceptive 

8 act or practice described in section 7, may rec9 ommend that the Commission commence an en10 forcement action. 

11 (3) CONSENT.—As a condition of eligibility to 

12 participate in covered horseraces, covered persons 

13 agree that they and their covered horses shall be 

14 bound by the provisions of the horseracing anti15 doping and medication control program established 

16 in accordance with section 6. 

17 (c) EXCLUSIVE JURISDICTION AND OVERSIGHT.— 

18 (1) JURISDICTION OF COMMISSION.—The Com19 mission shall have exclusive jurisdiction over all 

20 horseracing anti-doping and medication control mat21 ters consistent with this Act. 

22 (2) ACTIVITIES OF AUTHORITY.—The Authority 

23 shall engage in activities in accordance with such 

24 rules as are approved pursuant to this Act. 


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1 (d) GUIDING PRINCIPLES.—In carrying out the pro2 visions of this Act, the Commission and the Authority 

3 shall be guided by the findings and principles contained 

4 in section 2. 

5 (e) STATE COMPACT.—The jurisdiction and authority 

6 granted to the Commission and the Authority under this 

7 Act shall terminate if, at any time after the expiration of 

8 five years following the effectiveness of the anti-doping 

9 and medication control program— 

10 (1) an interstate compact is established that in11 cludes among its members 75 percent of the States 

12 in which starts in covered races occurred during the 

13 calendar year preceding the formation of the com14 pact and those States which collectively hosted not 

15 less than 90 percent of the total racing starts of cov16 ered horses in covered races for the two-year period 

17 preceding the formation of the compact; and 

18 (2)(A) all member States enter into and main19 tain an agreement with the Authority for services 

20 consistent with the anti-doping and medication con21 trol program provided for in section 6 in those 

22 States; or 

23 (B) the compact is drafted with public input 

24 from horseracing industry constituencies (including 

25 trainers, owners, the breed registry, veterinarians, 


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1 regulators, race tracks, testing laboratories, bettors, 

2 and jockeys) by persons who conform to the conflict 

3 of interest restrictions set forth in section 5(d); obli4 gates the compact to pay the costs of winding down 

5 the Authority and transitioning its operations to the 

6 compact; provides for uniform anti-doping and medi7 cation control regulations among all member States, 

8 consistent with section 6 and no less restrictive than 

9 the Authority’s most recent anti-doping and medica10 tion control program; and is governed and main11 tained by a board, which would include among its 

12 members persons meeting the requirements of sec13 tion 5(b), each board member conforming to the 

14 conflict of interest restrictions set forth in section 

15 5(d). 

16 The consent of Congress is hereby given to interstate com17 pacts meeting the requirements referenced in section 5(h). 

18 SEC. 5. ESTABLISHMENT OF HORSERACING ANTI-DOPING 

19 AND MEDICATION CONTROL AUTHORITY. 

20 (a) ESTABLISHMENT.—There is established the 

21 Horseracing Anti-doping and Medication Control Author22 ity, a private, independent, self-regulatory, nonprofit cor23 poration with responsibility for developing and admin24 istering an anti-doping and medication control program 


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1 for covered horses, covered persons, and covered horse2 races. 

3 (b) COMPOSITION.—The Authority shall be governed 

4 by a board (in this section referred to as the ‘‘Board’’) 

5 which shall be comprised of the following: 

6 (1) The chief executive officer of the United 

7 States Anti-Doping Agency. 

8 (2) Six individuals, selected by the United 

9 States Anti-Doping Agency from among members of 

10 the board of the United States Anti-Doping Agency. 

11 (3) Six individuals selected by the United 

12 States Anti-Doping Agency— 

13 (A) from among individuals who represent 

14 different equine industry constituencies; and 

15 (B) such that— 

16 (i) at least 1 member has expertise in 

17 equine anti-doping and medication control 

18 regulation; 

19 (ii) at least 1 member has significant 

20 experience as an owner of covered horses 

21 or is a person with expertise in the breed22 ing of race horses; 

23 (iii) at least 1 member was formerly 

24 employed as an executive with a racetrack; 


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1 (iv) at least 1 member has a degree in 

2 veterinary medicine and either has exper3 tise in equine veterinary practice with re4 gard to race horses or expertise in veteri5 nary research in matters affecting race 

6 horses; 

7 (v) at least 1 member has expertise in 

8 training covered horses; and 

9 (vi) at least 1 member has expertise 

10 in riding covered horses as a jockey. 

11 (c) SELECTION METHODOLOGY.—In selecting indi12 viduals under subsection (b), the United States Anti13 Doping Agency shall— 

14 (1) solicit lists of 2 candidates each from a 

15 cross-section of equine industry representatives; 

16 (2) endeavor to provide diversity among the 

17 Board’s membership between persons primarily in18 volved with the 3 breeds of racehorses, to the great19 est extent practicable and consistent with the stand20 ards for Board membership set forth in this section; 

21 (3) if Board positions remain unfilled from the 

22 lists solicited under paragraph (1), ask organiza23 tions, groups, and associations that represent the 

24 various equine constituencies set forth in subsection 

25 (b)(3)(B) to submit an additional 2 candidates from 


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1 which the Agency may fill the remaining open Board 

2 positions; and 

3 (4) if Board positions remain unfilled from the 

4 second set of candidate lists, choose, in accordance 

5 with subsection (b), one or more persons at large 

6 with substantial experience in the equine industry 

7 and meets the qualifications of the person described 

8 in subsection (b) whose position on the Board re9 mains to be filled. 

10 (d) CONFLICTS OF INTEREST.—To avoid any conflict 

11 of interest, no member of the Board shall be— 

12 (1) an individual who has a financial interest in 

13 or provides goods or services to covered horses; 

14 (2) an official or officer of any equine industry 

15 representative or serve in any governance or policy16 making capacity for an equine industry representa17 tive; or 

18 (3) an employee or have a business or commer19 cial relationship with any of the individuals or orga20 nizations described in paragraph (1) or (2). 

21 (e) TERMS; VACANCIES.— 

22 (1) STAGGERED TERMS.—The terms of mem23 bers of the Board shall be 3 years and shall be stag24 gered so that the terms of no more than 5 members 

25 of the Board expire in any year. 


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1 (2) LIMITATION ON CONSECUTIVE TERMS.— 

2 Members of the Board may serve for no more than 

3 2 consecutive full terms. 

4 (3) VACANCIES.—Vacancies among Board posi5 tions held by equine industry candidates shall be 

6 filled pursuant to the provisions of subsection (b) 

7 and any other vacancies shall be filled pursuant to 

8 the provisions of the rules of the Authority. At any 

9 time after the expiration of 5 years following the 

10 date on which initial selection and appointment of 

11 the members of the Board of the Authority is com12 pleted under section 5, the United States Anti13 Doping Agency may withdraw from participation in 

14 the Authority and direct its chief executive officer 

15 and board members to resign their memberships on 

16 the Board of the Authority. Following receipt of 

17 such resignations by the Authority, the remaining 

18 members of the Board of the Authority shall select 

19 new Board members to fill the vacant positions in 

20 the same manner as is provided in paragraphs (1) 

21 through (4) of subsection (c). 

22 (f) STANDING COMMITTEES.— 

23 (1) IN GENERAL.—The Authority shall estab24 lish one or more standing advisory and technical 

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1 tives from horseracing industry constituencies, in2 cluding trainers, owners, the breed registry, veteri3 narians, regulators, race tracks, testing laboratories, 

4 bettors, and jockeys. 

5 (2) COMMITTEE ON DEVELOPMENT AND MAIN6 TENANCE OF THE HORSERACING ANTI-DOPING AND

7 MEDICATION CONTROL PROGRAM.—The Authority 

8 shall establish a standing advisory committee, which 

9 shall include medication and regulatory experts and 

10 other representatives from horseracing industry con11 stituencies, to provide advice and guidance to the 

12 Board on the development and maintenance of the 

13 horseracing anti-doping and medication control pro14 gram. 

15 (3) CHAIRPERSON OF COMMITTEE ON PER16 MITTED AND PROHIBITED SUBSTANCES AND METH17 ODS.—The Authority shall appoint the Board mem18 ber selected pursuant to subsection (b)(3)(B)(i) to 

19 serve as the chairperson of the standing advisory 

20 and technical committee on permitted and prohibited 

21 substances and methods. 

22 (4) DUTIES.—The committees established 

23 under paragraph (1) shall assist the Authority in es24 tablishing and administering the horseracing anti25 doping and medication control program. 


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1 (5) COMMITTEE CONFLICTS OF INTEREST.—No 

2 standing committee members, other than those who 

3 are members of the Board of the Authority or em4 ployees of the Authority, shall be subject to the con5 flict of interest provisions set forth in section 5(d). 

6 (g) ADMINISTRATION OF THE AUTHORITY.— 

7 (1) ADMINISTRATIVE STRUCTURE.—The Au8 thority shall establish an administrative structure 

9 and employ among its staff employees with sufficient 

10 experience in and knowledge of equine-related and 

11 anti-doping and medication control matters as ap12 propriate to carry out the responsibilities set forth in 

13 this Act. 

14 (2) EMPLOYEES GENERALLY.—The Board of 

15 the Authority shall select the Authority’s chief exec16 utive officer. All Authority employees shall serve at 

17 the pleasure of the Authority’s chief executive offi18 cer. All Authority employees shall be subject to the 

19 conflict of interest revisions applicable to members 

20 of the Board of the Authority as set forth in section 

21 5(d). 

22 (h) OVERSIGHT OF RULES PRESCRIBED BY THE AU23 THORITY.— 

24 (1) FILING REQUIREMENT.—The Authority 

25 shall file with the Commission, in accordance with 


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1 such rules as the Commission may prescribe, copies 

2 of any proposed rule or change to any rule (collec3 tively ‘‘proposed rule’’) of the Authority. Proposed 

4 rule means the lists of permitted and prohibited sub5 stances; laboratory standards for accreditation and 

6 protocols; schedules of sanctions for violations; proc7 esses and procedures for disciplinary hearings; and 

8 formula and methodology for determining assess9 ments set out in section 12(d). 

10 (2) PUBLICATION AND COMMENT.— 

11 (A) IN GENERAL.—The Commission shall 

12 publish the proposed rule and provide interested 

13 persons an opportunity to comment. 

14 (B) APPROVAL REQUIRED.—No proposed 

15 rule shall take effect unless it has been ap16 proved by the Commission. 

17 (3) APPROVAL.— 

18 (A) PERIOD.—The Commission shall ap19 prove or disapprove a proposed rule no later 

20 than 45 days after the proposed rule is pub21 lished. 

22 (B) CONDITIONS.—The Commission shall 

23 approve a proposed rule if it finds that such 

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1 ments of this Act and the rules and regulations 

2 promulgated by the Commission. 

3 (i) OVERSIGHT OF FINAL DECISIONS OF THE AU4 THORITY.— 

5 (1) NOTICE OF SANCTIONS.—If the Authority 

6 imposes any final sanction, the Authority shall 

7 promptly file notice thereof with the Commission in 

8 such form as the Commission may require. 

9 (2) REVIEW BY ADMINISTRATIVE LAW

10 JUDGE.— 

11 (A) APPLICATION FOR REVIEW.—All final 

12 sanctions of the Authority shall be subject to 

13 review by an administrative law judge appointed 

14 pursuant to this Act upon application by the 

15 Commission or any person aggrieved by such 

16 final sanction filed within 30 days after the 

17 date such notice was filed with the Commission. 

18 (B) APPOINTMENT OF ADMINISTRATIVE

19 LAW JUDGE.—The Commission shall appoint 

20 one or more administrative law judges to serve 

21 a term of seven years unless earlier removed by 

22 the Commission for cause. At the time of his/ 

23 her appointment, the administrative law judge 

24 shall have been a practicing lawyer for at least 

25 ten years and shall have demonstrated expertise 


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1 in matters relating to horseracing and anti2 doping and medication control. 

3 (C) NATURE OF REVIEW.—In matters re4 viewed pursuant to this subsection, the adminis5 trative law judge shall conduct a hearing in a 

6 manner as the Commission may specify by rule. 

7 Such hearing shall conform to section 556 of 

8 title 5, United States Code. The administrative 

9 law judge shall determine whether— 

10 (i) a person has engaged in such acts 

11 or practices or has omitted such acts or 

12 practices as the Authority has found the 

13 person to have engaged in or omitted; and 

14 (ii) such acts, practices, or omissions 

15 are in violation of the Act or the anti16 doping and medication control rules ap17 proved by the Commission. 

18 (D) DECISION BY ADMINISTRATIVE LAW

19 JUDGE.—The administrative law judge shall 

20 render a decision within 60 days of the conclu21 sion of the hearing. Such decision may affirm, 

22 reverse, modify, set aside, or remand for further 

23 proceedings, in whole or in part, the final sanc24 tion of the Authority. Such decision shall con25 stitute the decision of the Commission without 


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1 further proceedings unless there is a timely no2 tice or application for review filed pursuant to 

3 paragraph (3). 

4 (3) REVIEW BY COMMISSION.— 

5 (A) NOTICE OF REVIEW BY COMMISSION.— 

6 The Commission may, on its own motion, re7 view any decision of the administrative law 

8 judge rendered pursuant to subsection (i)(2) by 

9 giving notice thereof to the Authority and inter10 ested parties within 30 days of the decision by 

11 the administrative law judge. 

12 (B) APPLICATION FOR REVIEW.—The Au13 thority or any person aggrieved by the decision 

14 of an administrative law judge rendered pursu15 ant to subsection (i)(2) may petition the Com16 mission to review such decision by filing an ap17 plication for review within 30 days of the ren18 dering of such decision. If such application is 

19 denied, the decision of the administrative law 

20 judge shall constitute the decision of the Com21 mission without further proceedings. Whether 

22 to grant review is within the Commission’s dis23 cretion, provided however that the Commission 

24 may grant review only where the application 

25 therefor demonstrates: 


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1 (i) a prejudicial error was committed 

2 in the conduct of the proceeding; or 

3 (ii) the decision embodies an erro4 neous application of the anti-doping and 

5 medication rules previously approved by 

6 the Commission. 

7 (C) NATURE OF REVIEW.—In matters re8 viewed pursuant to this subsection, the Com9 mission may affirm, reverse, modify, set aside 

10 or remand for further proceedings, in whole or 

11 in part, on the basis of the record before the 

12 administrative law judge and briefs submitted 

13 to the Commission. The Commission shall give 

14 deference to a factual finding by the adminis15 trative law judge unless such finding is clearly 

16 erroneous. The Commission shall review a con17 clusion of law by the administrative law judge 

18 de novo. The Commission shall not permit the 

19 taking of additional evidence except upon a 

20 showing that such additional evidence is mate21 rial and that such evidence could not in the ex22 ercise of reasonable diligence have been adduced 

23 previously. 

24 (4) STAY OF PROCEEDINGS.—Review by an ad25 ministrative law judge or the Commission pursuant 


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1 to subsection (i) shall not operate as a stay of any 

2 final sanction of the Authority unless the adminis3 trative law judge or Commission otherwise orders. 

4 SEC. 6. HORSERACING ANTI-DOPING AND MEDICATION 

5 CONTROL PROGRAM REQUIRED. 

6 (a) PROGRAM REQUIRED.—Not later than 1 year 

7 after the date on which initial selection and appointment 

8 of the members of the board of the Authority is completed 

9 under section 5 and after notice to and with appropriate 

10 opportunity for comment from equine industry representa11 tives and the public, the Authority shall develop and ad12 minister the horseracing anti-doping and medication con13 trol program for covered horses, covered persons, and cov14 ered horseraces. To the extent practicable, such program 

15 shall take into account the unique characteristics of each 

16 separate breed of horse. 

17 (b) ELEMENTS OF PROGRAM.—The horseracing anti18 doping and medication control program shall include the 

19 following: 

20 (1) A uniform set of anti-doping and medica21 tion control rules. 

22 (2) Lists of permitted and prohibited sub23 stances (which may include, without limitation, 

24 drugs, medications, naturally occurring substances 


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1 and synthetically occurring substances) and meth2 ods. 

3 (3) A prohibition upon the administration of 

4 any prohibited or otherwise permitted substance to 

5 a covered horse within 24 hours of its next racing 

6 start, which shall be effective not later than January 

7 1, 2019. 

8 (4) A process for sample collection. 

9 (5) Programs for in-competition and out-of10 competition testing (including no-advance-notice 

11 testing and mandatory reporting of each horse’s lo12 cation for testing). 

13 (6) Testing procedures, standards, and proto14 cols for both in-competition and out-of-competition 

15 testing. 

16 (7) Laboratory standards for accreditation and 

17 testing requirements, procedures, and protocols. 

18 (8) The undertaking of investigations at race19 track and non-racetrack facilities related to anti20 doping and medication control rule violations. 

21 (9) Procedures for investigating, charging, and 

22 adjudicating violations and for the enforcement of 

23 sanctions for violations. 

24 (10) A schedule of sanctions for violations. 


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1 (11) Disciplinary hearings, which may include 

2 binding arbitration, sanctions and research. 

3 (12) Management of violation results. 

4 (13) Programs relating to anti-doping and 

5 medication control research and education. 

6 (c) APPLICABILITY TO COVERED HORSES AND PER7 SONS.— 

8 (1) IN GENERAL.—The equine horseracing anti9 doping and medication control program developed 

10 and administered pursuant to subsection (a) shall 

11 apply to all covered horses, covered persons, and 

12 covered horseraces. 

13 (2) AGREEMENT BY COVERED PERSONS.—As a 

14 condition of eligibility to participate in covered 

15 horseraces, covered persons shall agree that they 

16 and their covered horses shall be bound by the provi17 sions of the horseracing anti-doping and medication 

18 control program. 

19 (d) LIMITATION OF AUTHORITY.— 

20 (1) PROSPECTIVE APPLICATION.—The jurisdic21 tion and authority of the Commission and Authority 

22 with respect to the horseracing anti-doping and 

23 medication control program shall be prospective 

24 only. 


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1 (2) NO AUTHORITY OVER PREVIOUS MAT2 TERS.—Neither the Commission nor the Authority 

3 shall have authority or responsibility to investigate, 

4 prosecute, adjudicate, or penalize conduct occurring 

5 prior to the effective date of the horseracing anti6 doping and medication control program. 

7 (3) PRESERVATION OF STATE RACING COMMIS8 SION AUTHORITY OVER PREVIOUS MATTERS.—State 

9 racing commissions shall retain authority over mat10 ters described in paragraph (2) until the final reso11 lution of any resulting charges. 

12 (e) CONSIDERATIONS.—The horseracing anti-doping 

13 and medication control program shall take into consider14 ation international anti-doping and medication control 

15 standards, including the World Anti-Doping Code and the 

16 Principles of Veterinary Medical Ethics of the American 

17 Veterinary Medical Association, that could be applicable 

18 to the horseracing anti-doping and medication control pro19 gram. 

20 (f) UPDATES.—The Authority shall update the horse21 racing anti-doping and medication control program from 

22 time to time. 

23 (g) LISTS OF PROHIBITED SUBSTANCES AND METH24 ODS.— 


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

2 develop, maintain, and publish lists of permitted and 

3 prohibited substances and methods. 

4 (2) CONTENTS.—The initial list, which shall be 

5 subject to such future changes as the Authority con6 siders appropriate and which shall be in effect until 

7 amended by the Authority, of prohibited substances 

8 and methods shall include any substance or method 

9 that is included on either— 

10 (A) class 1, 2, 3, and 4 drugs, medications, 

11 and substances in the Uniform Classification 

12 Guidelines for Foreign Substances of the Asso13 ciation of Racing Commissioners International, 

14 Version 14.0, revised January 2019; or 

15 (B) the World Anti-Doping Code Inter16 national Standard Prohibited List, January 

17 2019, 

18 unless and to the extent that such a substance or 

19 method described in subparagraph (A) or (B) is con20 tained on the list of permitted substances and meth21 ods identified on the Association of Racing Commis22 sioners International Controlled Therapeutic Medica23 tion Schedule for Horses, Version 4.1, revised Janu24 ary 2019. 

25 (3) DEADLINES FOR LISTS.— 


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1 (A) DEVELOPED AND PUBLISHED.—The 

2 lists of permitted and prohibited substances and 

3 methods, including all modifications to the ini4 tial lists, shall be developed and published not 

5 later than the date that is 120 days before the 

6 date on which the horseracing anti-doping and 

7 medication control programs goes into effect 

8 under section 6(a). 

9 (B) EFFECTIVE.—The lists described in 

10 subparagraph (A) shall take effect on the date 

11 that is 1 year after the date on which initial se12 lection and appointment of the members of the 

13 board of the Authority is completed under sec14 tion 5. 

15 (4) PERIODIC REVIEW.— 

16 (A) IN GENERAL.—The inclusion of per17 mitted or prohibited substances or methods on 

18 the lists shall be subject to periodic review by 

19 the Authority, which shall be subject to review 

20 by the Commission under section 4, for modi21 fication, substitution, addition to, or deletion 

22 from the lists. 

23 (B) ESTABLISHMENT OF NOTICE, CON24 SULTATION, AND COMMENT PROCESS.—The Au25 thority shall establish a notice, consultation, 


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1 and comment process for the periodic reviews 

2 carried out under subparagraph (A) that in3 volves industry representatives and the public. 

4 (h) ANTI-DOPING AND MEDICATION CONTROL RULE

5 VIOLATIONS.— 

6 (1) IN GENERAL.—The Authority, after notice 

7 to and with appropriate opportunity for comment 

8 from industry representatives and the public, shall 

9 establish, by rule, a list of anti-doping and medica10 tion control rule violations applicable to either horses 

11 or covered persons. 

12 (2) ELEMENTS.—The list established under 

13 paragraph (1) may include the following: 

14 (A) Strict liability for the presence of a 

15 prohibited substance or method in a horse’s 

16 sample or the use of a prohibited substance or 

17 method. 

18 (B) Strict liability for the presence of a 

19 permitted substance in a horse’s sample in ex20 cess of the amount allowed by the horseracing 

21 anti-doping and medication control program. 

22 (C) Strict liability for the use of a per23 mitted method in violation of the applicable lim24 itations established within the horseracing and 

25 medication control program. 


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1 (D) Attempted use of a prohibited sub2 stance or method. 

3 (E) Possession of any prohibited substance 

4 or method. 

5 (F) Attempted possession of any prohibited 

6 substance or method. 

7 (G) Administration or attempted adminis8 tration of any prohibited substance or method. 

9 (H) Refusing or failing without compelling 

10 justification to submit a horse for sample collec11 tion. 

12 (I) Tampering or attempted tampering 

13 with any part of doping control. 

14 (J) Trafficking or attempted trafficking in 

15 any prohibited substance or method and com16 plicity in any anti-doping and medication con17 trol rule violation. 

18 (i) TESTING LABORATORIES.— 

19 (1) IN GENERAL.—Not later than 1 year after 

20 the date on which initial selection and appointment 

21 of the members of the board of the Authority is 

22 completed under section 5, the Authority shall estab23 lish by rule standards of accreditation for labora24 tories involved in the testing of samples taken from 

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1 taining accreditation, and the standards and proto2 cols for testing of samples. 

3 (2) EXTENSION OF PROVISIONAL OR INTERIM

4 ACCREDITATION.—The Authority may, by rule, ex5 tend provisional or interim accreditation to labora6 tories accredited by the Racing Medication and Test7 ing Consortium, Inc. 

8 (3) SELECTION OF LABORATORIES BY

9 STATES.—Each State racing commission, if it so 

10 elects, shall determine the laboratory to be used in 

11 testing samples taken within its jurisdiction, pro12 vided that the laboratory selected has been accred13 ited by, and complies with the testing protocols and 

14 standards established by, the Authority. 

15 (4) SELECTION OF LABORATORIES BY THE AU16 THORITY.—If a State racing commission does not 

17 elect to determine the laboratory to be used in test18 ing samples taken within its jurisdiction, the Au19 thority shall by rule, make the selection. 

20 (j) RESULTS MANAGEMENT AND DISCIPLINARY

21 PROCESS.— 

22 (1) IN GENERAL.—Not later than 1 year after 

23 the date on which initial selection and appointment 

24 of the members of the board of the Authority is 

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1 tice to and with appropriate opportunity for com2 ment from equine industry representatives and the 

3 public, shall promulgate rules for anti-doping and 

4 medication control results management and the dis5 ciplinary process for anti-doping and medication con6 trol rule violation results management, including the 

7 following: 

8 (A) Provisions for notification of anti9 doping and medication control rule violations. 

10 (B) Hearing procedures. 

11 (C) 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 (2) DUE PROCESS.—The rules promulgated 

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 anti-doping and medication control rule viola22 tion and the possible sanctions for such violation. 

23 (k) SANCTIONS.— 

24 (1) IN GENERAL.—The Authority, after notice 

25 to and with appropriate opportunity for comment 


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1 from industry representatives and the public, shall 

2 promulgate uniform rules imposing sanctions against 

3 covered persons or covered horses for anti-doping 

4 and medication control rule violations. 

5 (2) REQUIREMENTS.—The rules promulgated 

6 under paragraph (1) shall— 

7 (A) take into account the unique aspects of 

8 horseracing; 

9 (B) be designed to ensure fair and trans10 parent horseraces; and 

11 (C) deter the commission of anti-doping 

12 and medication control rule violations. 

13 (3) SEVERITY.—The rules promulgated under 

14 paragraph (1) shall impose sanctions up to and in15 cluding lifetime bans from horseracing, disgorgement 

16 of purses, monetary fines and penalties and changes 

17 to the order of finish in covered races. The sanc18 tioning rules shall also include opportunities for 

19 anti-doping and medication control rule violators to 

20 reduce the otherwise applicable sanctions generally 

21 comparable to those opportunities afforded by the 

22 United States Anti-Doping Agency’s Protocol for 

23 Olympic Movement Testing. 

24 (l) ENFORCEMENT.—In addition to any penalties or 

25 sanctions imposed in accordance with the provisions of the 


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1 horseracing anti-doping and medication control program, 

2 whenever it shall appear to the Authority that one has 

3 engaged, is engaged or is about to engage in acts or prac4 tices constituting a violation of any provision of this Act 

5 or the horseracing anti-doping and medication control pro6 gram, the Authority may commence a civil action against 

7 such covered person or any racetrack in the proper district 

8 court of the United States, the United States District 

9 Court for the District of Columbia, or the United States 

10 courts of any territory or other place subject to the juris11 diction of the United States, to enjoin such acts or prac12 tices, to enforce any fines, penalties or other sanctions im13 posed in accordance with the provisions of the anti-doping 

14 and medication control program and for all other relief 

15 to which the Authority may be entitled. Upon a proper 

16 showing, a permanent or temporary injunction or restrain17 ing order shall be granted without bond. 

18 (m) PERIODIC ASSESSMENTS BY COMPTROLLER

19 GENERAL OF THE UNITED STATES.— 

20 (1) ASSESSMENTS.—Following the third anni21 versary of the date on which the anti-doping and 

22 medication control program identified in section 6 

23 takes effect and not less frequently than once every 

24 4 years thereafter, the Comptroller General of the 

25 United States shall review and analyze results of the 


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1 such program in comparison to the results of similar 

2 equine anti-doping and medication control programs 

3 in major foreign racing jurisdictions. 

4 (2) GATHERING ASSESSMENTS FROM INDUSTRY

5 REPRESENTATIVES.—In conjunction with review and 

6 analysis required by paragraph (1), the Comptroller 

7 General may invite persons representing the signifi8 cant facets of the horseracing industry, including as9 sociations and individuals representing racetracks, 

10 breeders, owners, trainers, veterinarians, jockeys, 

11 bettors, equine researchers, and organizations dedi12 cated to the welfare and safety of covered horses, to 

13 collectively meet with and provide testimony to the 

14 Comptroller General for the purpose of gathering 

15 further assessments on the performance and effec16 tiveness of the Authority and the anti-doping and 

17 medication control program. 

18 (3) REPORTS.—Upon the conclusion of a review 

19 and analysis under paragraph (1), the Comptroller 

20 General shall submit to Congress a report on such 

21 review and analysis with an assessment of the per22 formance of the Authority and the Commission con23 cerning their effectiveness as an anti-doping and 

24 medication control organization and the efficiency of 


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•S 1820 IS

1 the horseracing anti-doping and medication control 

2 program. 

3 SEC. 7. UNFAIR OR DECEPTIVE ACTS OR PRACTICES. 

4 The sale of a Thoroughbred, Quarter, or Standard5 bred horse shall be considered an unfair or deceptive act 

6 or practice in or affecting commerce under section 5(a) 

7 of the Federal Trade Commission Act (15 U.S.C. 45(a)) 

8 if the seller — 

9 (a) knows or has reason to know the horse has been 

10 administered— 

11 (1) a bisphosphonate; or 

12 (2) any other substance that the Authority de13 termines has a long-term degrading effect on the 

14 soundness of the horse; and 

15 (b) fails to disclose to the buyer the administration 

16 of the bisphosphonate or other substance. 

17 SEC. 8. OTHER LAWS UNAFFECTED. 

18 This Act shall not be construed to modify, impair, 

19 or restrict the operation or effectiveness of State or Fed20 eral statutes and regulations directed at— 

21 (1) any of the consents, approvals, or agree22 ments required by the Interstate Horseracing Act of 

23 1978; 

24 (2) criminal conduct by covered persons and 

25 others; 


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1 (3) horseracing matters unrelated to anti2 doping and medication control as addressed in this 

3 Act; or 

4 (4) the use of medication in human participants 

5 in covered races. 

6 SEC. 9. STATE DELEGATION; DUTY OF COOPERATION. 

7 (a) STATE DELEGATION.— 

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

9 into agreements with one or more State racing com10 missions to implement within their respective juris11 dictions any of the components of the horseracing 

12 anti-doping and medication control program estab13 lished by the Authority if the Authority determines 

14 that a particular State racing commission will be 

15 able to implement a component of the horseracing 

16 anti-doping and medication control program in ac17 cordance with the standards and requirements estab18 lished by the Authority. 

19 (2) DURATION OF AGREEMENTS.—Any agree20 ment entered into under paragraph (1) shall remain 

21 in effect as long as the Authority determines the ap22 plicable racing commission to be implementing the 

23 components of the medication regulation program 

24 covered by the agreement in compliance with the 


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1 standards and requirements established by the Au2 thority. 

3 (b) DUTY OF COOPERATION.—Where conduct by any 

4 person subject to the horseracing anti-doping and medica5 tion control program may involve both an anti-doping and 

6 medication control rule violation and violation of State or 

7 Federal law, this Act imposes a duty to cooperate and 

8 share information between the Authority and State and 

9 Federal law enforcement authorities. 

10 SEC. 10. RULES OF CONSTRUCTION. 

11 The Authority shall not have the power to impose 

12 criminal sanctions and shall not be considered nor con13 strued to be an agent of, or an actor on behalf of, the 

14 United States Government or any State. 

15 SEC. 11. EFFECTIVE DATE. 

16 (a) IN GENERAL.—The horseracing anti-doping and 

17 medication control program shall take effect not later than 

18 the date that is 1 year after the date on which initial selec19 tion and appointment of the members of the board of the 

20 Authority is completed under section 5. 

21 (b) TRANSITION.—The Authority and State regu22 latory authorities shall work cooperatively to develop tran23 sition rules with respect to doping conduct, sanctions, and 

24 investigations arising prior to the effective date of the 

25 horseracing anti-doping and medication control program. 


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1 SEC. 12. FUNDING. 

2 (a) RULE OF CONSTRUCTION.—Nothing in this Act 

3 shall be construed to require— 

4 (1) the appropriation of any amount to the Au5 thority; or 

6 (2) the Federal Government to guarantee the 

7 debts of the Authority. 

8 (b) INITIAL FUNDING.— 

9 (1) IN GENERAL.—Initial funding to establish 

10 the Authority and underwrite its operations prior to 

11 the effective date shall be provided by loans obtained 

12 by and donations made to the Authority. 

13 (2) BORROWING AND ACCEPTING DONATIONS.— 

14 The Authority may borrow money and accept private 

15 donations and contributions toward the funding of 

16 its operations. 

17 (3) ANNUAL CALCULATION OF AMOUNTS RE18 QUIRED.— 

19 (A) IN GENERAL.—Not later than the date 

20 that is 90 days before the date set forth in sec21 tion 11(a) and not later than November 1 of 

22 each year thereafter, the Authority shall deter23 mine and provide to each State racing commis24 sion the estimated amount required per racing 

25 starter to fund the horseracing anti-doping and 

26 medication control program for the coming year 


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1 and to liquidate any loans or funding shortfall 

2 in the current year and any prior years. 

3 (B) BASIS OF CALCULATION.—The amount 

4 calculated under subparagraph (A) shall be 

5 based upon the annual budget of the Authority 

6 for the succeeding year, as approved by the 

7 board of the Authority. 

8 (C) REQUIREMENTS REGARDING BUDGETS

9 OF AUTHORITY.—The Authority’s initial budget 

shall require the approval of 2 10 ⁄3 of its board and 

11 any subsequent budget that exceeds the pre12 ceding year’s budget by more than 5 percent 

shall also require the approval of 2 13 ⁄3 of the 

14 board of the Authority. 

15 (c) ASSESSMENT AND COLLECTION OF FEES BY

16 STATES.— 

17 (1) NOTICE OF ELECTION.—Any State racing 

18 commission that elects to remit fees pursuant to this 

19 subsection shall notify the Authority of such election 

20 at least 60 days prior to the adoption of the horse21 racing anti-doping and medication control program. 

22 (2) REQUIREMENT TO REMIT FEES.—Once a 

23 State racing commission makes such notification, 

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1 ing commission shall be required to remit fees pur2 suant to this subsection. 

3 (3) WITHDRAWAL OF ELECTION.—A State rac4 ing commission may withdraw its election after pro5 viding notice to the Authority of its intent to cease 

6 remitting fees pursuant to this subsection not later 

7 than 1 year before ceasing such remitting. 

8 (4) SCHEDULE OF REMITTANCE.—Each State 

9 racing commission that elects to remit fees shall 

10 remit to the Authority on or before the 20th day of 

11 each calendar month an amount equal to the appli12 cable fee per racing start multiplied by the number 

13 of racing starts in the State in the previous month. 

14 (5) DETERMINATIONS OF METHODS.—Each 

15 State racing commission shall determine, subject to 

16 the applicable laws and regulations of the State, the 

17 method by which the requisite amount shall be allo18 cated, assessed, and collected. 

19 (6) SENSE OF CONGRESS.—It is the sense of 

20 Congress that funding mechanisms imposed by State 

21 racing commissions should apportion the funding 

22 burden fairly among all impacted segments of the 

23 horseracing industry and may include check-off pro24 grams. 


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1 (d) ASSESSMENT AND COLLECTION OF FEES BY THE

2 AUTHORITY.— 

3 (1) CALCULATION.—In the event a State racing 

4 commission does not elect to remit fees pursuant to 

5 subsection (c) or withdraws its election under such 

6 subsection, the Authority shall calculate each month 

7 the applicable fee per racing start multiplied by the 

8 number of racing starts in the State in the previous 

9 month. 

10 (2) ALLOCATION.—The Authority shall equi11 tably allocate that amount calculated under para12 graph (1), among those involved in covered 

13 horseraces pursuant to such rules as the Authority 

14 may promulgate, subject to review by the Commis15 sion under section 4. 

16 (3) ASSESSMENT.—The Authority shall assess a 

17 fee equal to the allocation made under paragraph (2) 

18 and shall collect such fee according to such rules as 

19 the Authority may promulgate, subject to such Com20 mission review. 

21 (4) LIMITATION.—A State racing commission 

22 that does not elect to remit fees pursuant to sub23 section (c) or that withdraws its election under such 

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1 son a fee or tax relating to anti-doping and medica2 tion control matters for covered horseraces. 

Æ 


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