to the effective date of its Thoroughbred horseracing anti- 
doping program as set forth in section 7. State racing 
commissions shall retain authority over such matters until 
the final resolution of any resulting charges. 
SEC. 7. OUTLINE OF THE THOROUGHBRED HORSERACING 
ANTI-DOPING PROGRAM. 
(a) IN GENERAL.—The Thoroughbred horseracing 
anti-doping program shall take into consideration inter-
national anti-doping standards, including the World Anti- 
Doping Code and the Principles of Veterinary Medical 
Ethics of the American Veterinary Medical Association, 
that could be applicable to the Thoroughbred horseracing 
anti-doping program and shall take effect upon January 
1, 2017. The Thoroughbred horseracing anti-doping pro-
gram shall be updated from time to time and shall in-
clude— 
(1) a uniform set of anti-doping rules; 
(2) a list of permitted and prohibited sub-
stances and methods; 
(3) a process for sample collection and analysis 
and test distribution; 
(4) programs for in-competition and out-of-com-
petition testing (including no-advance-notice testing 
and mandatory reporting of each horse’s location for 
testing); 
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(5) investigations related to anti-doping rule 
violations; 
(6) management of violation results; 
(7) laboratory accreditation; and 
(8) disciplinary hearings, which may include 
binding arbitration, sanctions, research and edu-
cation. 
(b) LISTS OF PROHIBITED SUBSTANCES AND METH-
ODS.— 
(1) IN GENERAL.—The Authority shall develop, 
maintain, and publish lists of permitted and prohib-
ited substances and methods. The initial list of pro-
hibited substances and methods developed by the 
Authority, which shall be in effect until amended by 
the Authority, shall include any substance or method 
that is included on either— 
(A) class 1, 2, 3, and 4 drugs, medications 
and substances in the Uniform Classification 
Guidelines for Foreign Substances of the Asso-
ciation of Racing Commissioners International, 
Version 9.0, revised April 2015, or 
(B) the 2015 Prohibited List, Inter-
national Standard, of the World Anti-Doping 
Code, 
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unless and to the extent that such a substance or 
method described in subparagraph (A) or (B) is con-
tained on the list of permitted substances and meth-
ods identified on the Association of Racing Commis-
sioners International Therapeutic Medication Sched-
ule for Horses, Version 2.2. 
(2) DEADLINES.—The lists of permitted and 
prohibited substances and methods effective as of 
January 1, 2017, including all modifications to the 
initial lists, shall be developed and published by the 
Authority not later than 120 days prior to the effec-
tive date of the Thoroughbred horseracing anti- 
doping program as set forth in subsection (a). 
(3) PERIODIC REVIEW.—The inclusion of per-
mitted or prohibited substances or methods on the 
lists shall be subject to periodic review by the Au-
thority for modification, substitution, addition to or 
deletion from the lists. The Authority shall also es-
tablish a notice, consultation, and comment process, 
involving Thoroughbred industry representatives and 
the public, in connection with modifying, sub-
stituting, adding or deleting permitted and prohib-
ited substances and methods from the lists. 
(c) ANTI-DOPING RULE VIOLATIONS.—The Author-
ity, after notice to and with appropriate opportunity for 
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comment from Thoroughbred industry representatives and 
the public, shall establish a list of anti-doping rule viola-
tions applicable to either horses or covered persons includ-
ing— 
(1) strict liability for the presence of a prohib-
ited substance or method in a horse’s sample or the 
use of a prohibited substance or method; 
(2) attempted use of a prohibited substance or 
method; 
(3) possession of any prohibited substance or 
method; 
(4) attempted possession of any prohibited sub-
stance or method; 
(5) administration or attempted administration 
of any prohibited substance or method; 
(6) refusing or failing without compelling jus-
tification to submit a horse for sample collection; 
(7) tampering or attempted tampering with any 
part of doping control; and 
(8) trafficking or attempted trafficking in any 
prohibited substance or method and complicity in 
any anti-doping rule violation. 
(d) TESTING LABORATORIES.—Not later than 120 
days prior to the effective date of the Thoroughbred horse-
racing anti-doping program as set forth in subsection (a), 
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the Authority shall establish standards of accreditation for 
laboratories involved in the testing of samples taken from 
Thoroughbred horses, the process for achieving and main-
taining accreditation, and the standards and protocols for 
testing of samples. The Authority may, in its sole discre-
tion, extend provisional or interim accreditation to labora-
tories accredited by the Racing Medication and Testing 
Consortium, Inc. Each State racing commission shall de-
termine the laboratory to be used in testing samples taken 
within its jurisdiction, provided that the laboratory se-
lected has been accredited by, and complies with the test-
ing protocols and standards established by, the organiza-
tion. 
(e) RESULTS
MANAGEMENT
AND
DISCIPLINARY 
PROCESS.—Not later than 120 days prior to the effective 
date of this Act, the Authority, after notice to and with 
appropriate opportunity for comment from Thoroughbred 
industry representatives and the public, shall establish 
rules for anti-doping results management and the discipli-
nary process for anti-doping rule violation results manage-
ment including, provisions for notification of anti-doping 
rule violations, hearing procedures, burden of proof, pre-
sumptions, evidentiary rules, appeals and guidelines for 
confidentiality and public reporting of decisions. Such 
rules shall provide adequate due process, including impar-
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