H. R. 133—2071 
TITLE XII—HORSERACING INTEGRITY 
AND SAFETY 
SEC. 1201. SHORT TITLE. 
This title may be cited as the ‘‘Horseracing Integrity and Safety 
Act of 2020’’. 
SEC. 1202. DEFINITIONS. 
In this Act the following definitions apply: 
(1) AUTHORITY.—The term ‘‘Authority’’ means the Horse-
racing Integrity and Safety Authority designated by section 
1203(a). 
(2) BREEDER.—The term ‘‘breeder’’ means a person who 
is in the business of breeding covered horses. 
(3) COMMISSION.—The term ‘‘Commission’’ means the Fed-
eral Trade Commission. 
(4) COVERED HORSE.—The term ‘‘covered horse’’ means any 
Thoroughbred horse, or any other horse made subject to this 
Act by election of the applicable State racing commission or 
the breed governing organization for such horse under section 
1205(k), during the period— 
(A) beginning on the date of the horse’s first timed 
and reported workout at a racetrack that participates in 
covered horseraces or at a training facility; and 
(B) ending on the date on which the Authority receives 
written notice that the horse has been retired. 
(5) COVERED HORSERACE.—The term ‘‘covered horserace’’ 
means any horserace involving covered horses that has a 
substantial relation to interstate commerce, including any 
Thoroughbred horserace that is the subject of interstate off- 
track or advance deposit wagers. 
(6) COVERED PERSONS.—The term ‘‘covered persons’’ means 
all trainers, owners, breeders, jockeys, racetracks, veterinar-
ians, persons (legal and natural) licensed by a State racing 
commission and the agents, assigns, and employees of such 
persons and other horse support personnel who are engaged 
in the care, training, or racing of covered horses. 
(7) EQUINE CONSTITUENCIES.—The term ‘‘equine constitu-
encies’’ means, collectively, owners, breeders, trainers, race-
tracks, veterinarians, State racing commissions, and jockeys 
who are engaged in the care, training, or racing of covered 
horses. 
(8) EQUINE INDUSTRY REPRESENTATIVE.—The term ‘‘equine 
industry representative’’ means an organization regularly and 
significantly engaged in the equine industry, including 
organizations that represent the interests of, and whose mem-
bership consists of, owners, breeders, trainers, racetracks, vet-
erinarians, State racing commissions, and jockeys. 
(9) HORSERACING ANTI-DOPING AND MEDICATION CONTROL 
PROGRAM.—The term ‘‘horseracing anti-doping and medication 
control program’’ means the anti-doping and medication pro-
gram established under section 1206(a). 
(10) IMMEDIATE
FAMILY
MEMBER.—The term ‘‘immediate 
family member’’ shall include a spouse, domestic partner, 
mother, father, aunt, uncle, sibling, or child.
H. R. 133—2072 
(11) INTERSTATE OFF-TRACK WAGER.—The term ‘‘interstate 
off-track wager’’ has the meaning given such term in section 
3 of the Interstate Horseracing Act of 1978 (15 U.S.C. 3002). 
(12) JOCKEY.—The term ‘‘jockey’’ means a rider or driver 
of a covered horse in covered horseraces. 
(13) OWNER.—The term ‘‘owner’’ means a person who holds 
an ownership interest in one or more covered horses. 
(14) PROGRAM EFFECTIVE DATE.—The term ‘‘program effec-
tive date’’ means July 1, 2022. 
(15) RACETRACK.—The term ‘‘racetrack’’ means an organiza-
tion licensed by a State racing commission to conduct covered 
horseraces. 
(16) RACETRACK SAFETY PROGRAM.—The term ‘‘racetrack 
safety program’’ means the program established under section 
1207(a). 
(17) STAKES
RACE.—The term ‘‘stakes race’’ means any 
race so designated by the racetrack at which such race is 
run, including, without limitation, the races comprising the 
Breeders’ Cup World Championships and the races designated 
as graded stakes by the American Graded Stakes Committee 
of the Thoroughbred Owners and Breeders Association. 
(18) STATE RACING COMMISSION.—The term ‘‘State racing 
commission’’ means an entity designated by State law or regula-
tion that has jurisdiction over the conduct of horseracing within 
the applicable State. 
(19) TRAINER.—The term ‘‘trainer’’ means an individual 
engaged in the training of covered horses. 
(20) TRAINING
FACILITY.—The term ‘‘training facility’’ 
means a location that is not a racetrack licensed by a State 
racing commission that operates primarily to house covered 
horses and conduct official timed workouts. 
(21) VETERINARIAN.—The term ‘‘veterinarian’’ means a 
licensed veterinarian who provides veterinary services to cov-
ered horses. 
(22) WORKOUT.—The term ‘‘workout’’ means a timed run-
ning of a horse over a predetermined distance not associated 
with a race or its first qualifying race, if such race is made 
subject to this Act by election under section 1205(k) of the 
horse’s breed governing organization or the applicable State 
racing commission. 
SEC. 1203. RECOGNITION OF THE HORSERACING INTEGRITY AND 
SAFETY AUTHORITY. 
(a) IN GENERAL.—The private, independent, self-regulatory, 
nonprofit corporation, to be known as the ‘‘Horseracing Integrity 
and Safety Authority’’, is recognized for purposes of developing 
and implementing a horseracing anti-doping and medication control 
program and a racetrack safety program for covered horses, covered 
persons, and covered horseraces. 
(b) BOARD OF DIRECTORS.— 
(1) MEMBERSHIP.—The Authority shall be governed by a 
board of directors (in this section referred to as the ‘‘Board’’) 
comprised of nine members as follows: 
(A) INDEPENDENT
MEMBERS.—Five members of the 
Board shall be independent members selected from outside 
the equine industry. 
(B) INDUSTRY MEMBERS.—
H. R. 133—2073 
(i) IN GENERAL.—Four members of the Board shall 
be industry members selected from among the various 
equine constituencies. 
(ii) 
REPRESENTATION
OF
EQUINE
CONSTITU-
ENCIES.—The industry members shall be representa-
tive of the various equine constituencies, and shall 
include not more than one industry member from any 
one equine constituency. 
(2) CHAIR.—The chair of the Board shall be an independent 
member described in paragraph (1)(A). 
(3) BYLAWS.—The Board of the Authority shall be governed 
by bylaws for the operation of the Authority with respect to— 
(A) the administrative structure and employees of the 
Authority; 
(B) the establishment of standing committees; 
(C) the procedures for filling vacancies on the Board 
and the standing committees; 
(D) term limits for members and termination of mem-
bership; and 
(E) any other matter the Board considers necessary. 
(c) STANDING COMMITTEES.— 
(1) ANTI-DOPING AND MEDICATION CONTROL STANDING COM-
MITTEE.— 
(A) IN
GENERAL.—The Authority shall establish an 
anti-doping and medication control standing committee, 
which shall provide advice and guidance to the Board on 
the development and maintenance of the horseracing anti- 
doping and medication control program. 
(B) MEMBERSHIP.—The anti-doping and medication 
control standing committee shall be comprised of seven 
members as follows: 
(i) INDEPENDENT
MEMBERS.—A majority of the 
members shall be independent members selected from 
outside the equine industry. 
(ii) INDUSTRY MEMBERS.—A minority of the mem-
bers shall be industry members selected to represent 
the various equine constituencies, and shall include 
not more than one industry member from any one 
equine constituency. 
(iii) QUALIFICATION.—A majority of individuals 
selected to serve on the anti-doping and medication 
control standing committee shall have significant, 
recent experience in anti-doping and medication control 
rules. 
(C) CHAIR.—The chair of the anti-doping and medica-
tion control standing committee shall be an independent 
member of the Board described in subsection (b)(1)(A). 
(2) RACETRACK SAFETY STANDING COMMITTEE.— 
(A) IN GENERAL.—The Authority shall establish a race-
track safety standing committee, which shall provide advice 
and guidance to the Board on the development and mainte-
nance of the racetrack safety program. 
(B) MEMBERSHIP.—The racetrack safety standing com-
mittee shall be comprised of seven members as follows: 
(i) INDEPENDENT
MEMBERS.—A majority of the 
members shall be independent members selected from 
outside the equine industry.
H. R. 133—2074 
(ii) INDUSTRY MEMBERS.—A minority of the mem-
bers shall be industry members selected to represent 
the various equine constituencies. 
(C) CHAIR.—The chair of the racetrack safety standing 
committee shall be an industry member of the Board 
described in subsection (b)(1)(B). 
(d) NOMINATING COMMITTEE.— 
(1) MEMBERSHIP.— 
(A) IN GENERAL.—The nominating committee of the 
Authority shall be comprised of seven independent mem-
bers selected from business, sports, and academia. 
(B) INITIAL MEMBERSHIP.—The initial nominating com-
mittee members shall be set forth in the governing cor-
porate documents of the Authority. 
(C) VACANCIES.—After the initial committee members 
are appointed in accordance with subparagraph (B), vacan-
cies shall be filled by the Board pursuant to rules estab-
lished by the Authority. 
(2) CHAIR.—The chair of the nominating committee shall 
be selected by the nominating committee from among the mem-
bers of the nominating committee. 
(3) SELECTION OF MEMBERS OF THE BOARD AND STANDING 
COMMITTEES.— 
(A) INITIAL
MEMBERS.—The nominating committee 
shall select the initial members of the Board and the 
standing committees described in subsection (c). 
(B) SUBSEQUENT
MEMBERS.— The nominating com-
mittee shall recommend individuals to fill any vacancy 
on the Board or on such standing committees. 
(e) CONFLICTS OF INTEREST.—To avoid conflicts of interest, the 
following individuals may not be selected as a member of the 
Board or as an independent member of a nominating or standing 
committee under this section: 
(1) An individual who has a financial interest in, or pro-
vides goods or services to, covered horses. 
(2) An official or officer— 
(A) of an equine industry representative; or 
(B) who serves in a governance or policymaking 
capacity for an equine industry representative. 
(3) An employee of, or an individual who has a business 
or commercial relationship with, an individual described in 
paragraph (1) or (2). 
(4) An immediate family member of an individual described 
in paragraph (1) or (2). 
(f) FUNDING.— 
(1) INITIAL FUNDING.— 
(A) IN
GENERAL.—Initial funding to establish the 
Authority and underwrite its operations before the program 
effective date shall be provided by loans obtained by the 
Authority. 
(B) BORROWING.—The Authority may borrow funds 
toward the funding of its operations. 
(C) ANNUAL
CALCULATION
OF
AMOUNTS
REQUIRED.— 
(i) IN GENERAL.—Not later than the date that is 
90 days before the program effective date, and not 
later than November 1 each year thereafter, the 
Authority shall determine and provide to each State
H. R. 133—2075 
racing commission the estimated amount required from 
the State— 
(I) to fund the State’s proportionate share of 
the horseracing anti-doping and medication control 
program and the racetrack safety program for the 
next calendar year; and 
(II) to liquidate the State’s proportionate share 
of any loan or funding shortfall in the current 
calendar year and any previous calendar year. 
(ii) BASIS
OF
CALCULATION.—The amounts cal-
culated under clause (i) shall— 
(I) be based on— 
(aa) the annual budget of the Authority 
for the following calendar year, as approved 
by the Board; and 
(bb) the projected amount of covered 
racing starts for the year in each State; and 
(II) take into account other sources of 
Authority revenue. 
(iii) 
REQUIREMENTS
REGARDING
BUDGETS
OF 
AUTHORITY.— 
(I) INITIAL BUDGET.—The initial budget of the 
Authority shall require the approval of 2⁄3 of the 
Board. 
(II) SUBSEQUENT BUDGETS.—Any subsequent 
budget that exceeds the budget of the preceding 
calendar year by more than 5 percent shall require 
the approval of 2⁄3 of the Board. 
(iv) RATE INCREASES.— 
(I) IN GENERAL.—A proposed increase in the 
amount required under this subparagraph shall 
be reported to the Commission. 
(II) NOTICE AND COMMENT.—The Commission 
shall publish in the Federal Register such a pro-
posed increase and provide an opportunity for 
public comment. 
(2) ASSESSMENT AND COLLECTION OF FEES BY STATES.— 
(A) NOTICE OF ELECTION.—Any State racing commis-
sion that elects to remit fees pursuant to this subsection 
shall notify the Authority of such election not later than 
60 days before the program effective date. 
(B) REQUIREMENT TO REMIT FEES.—After a State racing 
commission makes a notification under subparagraph (A), 
the election shall remain in effect and the State racing 
commission shall be required to remit fees pursuant to 
this subsection according to a schedule established in rule 
developed by the Authority and approved by the Commis-
sion. 
(C) WITHDRAWAL
OF
ELECTION.—A State racing 
commission may cease remitting fees under this subsection 
not earlier than one year after notifying the Authority 
of the intent of the State racing commission to do so. 
(D) DETERMINATION OF METHODS.—Each State racing 
commission shall determine, subject to the applicable laws, 
regulations, and contracts of the State, the method by 
which the requisite amount of fees, such as foal registration 
fees, sales contributions, starter fees, and track fees, and
H. R. 133—2076 
other fees on covered persons, shall be allocated, assessed, 
and collected. 
(3) ASSESSMENT
AND
COLLECTION
OF
FEES
BY
THE 
AUTHORITY.— 
(A) CALCULATION.—If a State racing commission does 
not elect to remit fees pursuant to paragraph (2) or with-
draws its election under such paragraph, the Authority 
shall, not less frequently than monthly, calculate the 
applicable fee per racing start multiplied by the number 
of racing starts in the State during the preceding month. 
(B) ALLOCATION.—The Authority shall allocate equi-
tably the amount calculated under subparagraph (A) col-
lected among covered persons involved with covered 
horseraces pursuant to such rules as the Authority may 
promulgate. 
(C) ASSESSMENT AND COLLECTION.— 
(i) IN GENERAL.—The Authority shall assess a fee 
equal to the allocation made under subparagraph (B) 
and shall collect such fee according to such rules as 
the Authority may promulgate. 
(ii) 
REMITTANCE
OF
FEES.—Covered 
persons 
described in subparagraph (B) shall be required to 
remit such fees to the Authority. 
(D) LIMITATION.—A State racing commission that does 
not elect to remit fees pursuant to paragraph (2) or that 
withdraws its election under such paragraph shall not 
impose or collect from any person a fee or tax relating 
to anti-doping and medication control or racetrack safety 
matters for covered horseraces. 
(4) FEES
AND
FINES.—Fees and fines imposed by the 
Authority shall be allocated toward funding of the Authority 
and its activities. 
(5) RULE
OF
CONSTRUCTION.—Nothing in this Act shall 
be construed to require— 
(A) the appropriation of any amount to the Authority; 
or 
(B) the Federal Government to guarantee the debts 
of the Authority. 
(g) QUORUM.—For all items where Board approval is required, 
the Authority shall have present a majority of independent mem-
bers. 
SEC. 1204. FEDERAL TRADE COMMISSION OVERSIGHT. 
(a) IN GENERAL.—The Authority shall submit to the Commis-
sion, in accordance with such rules as the Commission may pre-
scribe under section 553 of title 5, United States Code, any proposed 
rule, or proposed modification to a rule, of the Authority relating 
to— 
(1) the bylaws of the Authority; 
(2) a list of permitted and prohibited medications, sub-
stances, and methods, including allowable limits of permitted 
medications, substances, and methods; 
(3) laboratory standards for accreditation and protocols; 
(4) standards for racing surface quality maintenance; 
(5) racetrack safety standards and protocols; 
(6) a program for injury and fatality data analysis;
H. R. 133—2077 
(7) a program of research and education on safety, perform-
ance, and anti-doping and medication control; 
(8) a description of safety, performance, and anti-doping 
and medication control rule violations applicable to covered 
horses and covered persons; 
(9) a schedule of civil sanctions for violations; 
(10) a process or procedures for disciplinary hearings; and 
(11) a formula or methodology for determining assessments 
described in section 1203(f). 
(b) PUBLICATION AND COMMENT.— 
(1) IN GENERAL.—The Commission shall— 
(A) publish in the Federal Register each proposed rule 
or modification submitted under subsection (a); and 
(B) provide an opportunity for public comment. 
(2) APPROVAL REQUIRED.—A proposed rule, or a proposed 
modification to a rule, of the Authority shall not take effect 
unless the proposed rule or modification has been approved 
by the Commission. 
(c) DECISION ON PROPOSED RULE OR MODIFICATION TO A RULE.— 
(1) IN GENERAL.—Not later than 60 days after the date 
on which a proposed rule or modification is published in the 
Federal Register, the Commission shall approve or disapprove 
the proposed rule or modification. 
(2) CONDITIONS.—The Commission shall approve a proposed 
rule or modification if the Commission finds that the proposed 
rule or modification is consistent with— 
(A) this Act; and 
(B) applicable rules approved by the Commission. 
(3) REVISION OF PROPOSED RULE OR MODIFICATION.— 
(A) IN GENERAL.—In the case of disapproval of a pro-
posed rule or modification under this subsection, not later 
than 30 days after the issuance of the disapproval, the 
Commission shall make recommendations to the Authority 
to modify the proposed rule or modification. 
(B) RESUBMISSION.—The Authority may resubmit for 
approval by the Commission a proposed rule or modification 
that incorporates the modifications recommended under 
subparagraph (A). 
(d) PROPOSED STANDARDS AND PROCEDURES.— 
(1) IN
GENERAL.—The Authority shall submit to the 
Commission any proposed rule, standard, or procedure devel-
oped by the Authority to carry out the horseracing anti-doping 
and medication control program or the racetrack safety pro-
gram. 
(2) NOTICE AND COMMENT.—The Commission shall publish 
in the Federal Register any such proposed rule, standard, or 
procedure and provide an opportunity for public comment. 
(e) INTERIM FINAL RULES.—The Commission may adopt an 
interim final rule, to take effect immediately, under conditions 
specified in section 553(b)(B) of title 5, United States Code, if 
the Commission finds that such a rule is necessary to protect— 
(1) the health and safety of covered horses; or 
(2) the integrity of covered horseraces and wagering on 
those horseraces.
H. R. 133—2078 
SEC. 1205. JURISDICTION OF THE COMMISSION AND THE HORSE-
RACING INTEGRITY AND SAFETY AUTHORITY. 
(a) IN GENERAL.—Beginning on the program effective date, 
the Commission, the Authority, and the anti-doping and medication 
control enforcement agency, each within the scope of their powers 
and responsibilities under this Act, as limited by subsection (j), 
shall— 
(1) implement and enforce the horseracing anti-doping and 
medication control program and the racetrack safety program; 
(2) exercise independent and exclusive national authority 
over— 
(A) the safety, welfare, and integrity of covered horses, 
covered persons, and covered horseraces; and 
(B) all horseracing safety, performance, and anti- 
doping and medication control matters for covered horses, 
covered persons, and covered horseraces; and 
(3) have safety, performance, and anti-doping and medica-
tion control authority over covered persons similar to such 
authority of the State racing commissions before the program 
effective date. 
(b) PREEMPTION.—The rules of the Authority promulgated in 
accordance with this Act shall preempt any provision of State 
law or regulation with respect to matters within the jurisdiction 
of the Authority under this Act, as limited by subsection (j). Nothing 
contained in this Act shall be construed to limit the authority 
of the Commission under any other provision of law. 
(c) DUTIES.— 
(1) IN GENERAL.—The Authority— 
(A) shall develop uniform procedures and rules author-
izing— 
(i) access to offices, racetrack facilities, other places 
of business, books, records, and personal property of 
covered persons that are used in the care, treatment, 
training, and racing of covered horses; 
(ii) issuance and enforcement of subpoenas and 
subpoenas duces tecum; and 
(iii) other investigatory powers of the nature and 
scope exercised by State racing commissions before 
the program effective date; and 
(B) with respect to an unfair or deceptive act or practice 
described in section 1210, may recommend that the 
Commission commence an enforcement action. 
(2) APPROVAL OF COMMISSION.—The procedures and rules 
developed under paragraph (1)(A) shall be subject to approval 
by the Commission in accordance with section 1204. 
(d) REGISTRATION OF COVERED PERSONS WITH AUTHORITY.— 
(1) IN GENERAL.—As a condition of participating in covered 
races and in the care, ownership, treatment, and training of 
covered horses, a covered person shall register with the 
Authority in accordance with rules promulgated by the 
Authority and approved by the Commission in accordance with 
section 1204. 
(2) AGREEMENT WITH RESPECT TO AUTHORITY RULES, STAND-
ARDS, AND
PROCEDURES.—Registration under this subsection 
shall include an agreement by the covered person to be subject 
to and comply with the rules, standards, and procedures devel-
oped and approved under subsection (c).
H. R. 133—2079 
(3) COOPERATION.—A covered person registered under this 
subsection shall, at all times— 
(A) cooperate with the Commission, the Authority, the 
anti-doping and medication control enforcement agency, 
and any respective designee, during any civil investigation; 
and 
(B) respond truthfully and completely to the best of 
the knowledge of the covered person if questioned by the 
Commission, the Authority, the anti-doping and medication 
control enforcement agency, or any respective designee. 
(4) FAILURE TO COMPLY.—Any failure of a covered person 
to comply with this subsection shall be a violation of section 
1208(a)(2)(G). 
(e) ENFORCEMENT OF PROGRAMS.— 
(1) ANTI-DOPING AND MEDICATION CONTROL ENFORCEMENT 
AGENCY.— 
(A) AGREEMENT WITH USADA.—The Authority shall seek 
to enter into an agreement with the United States Anti- 
Doping Agency under which the Agency acts as the anti- 
doping and medication control enforcement agency under 
this Act for services consistent with the horseracing anti- 
doping and medication control program. 
(B) AGREEMENT WITH OTHER ENTITY.—If the Authority 
and the United States Anti-Doping Agency are unable to 
enter into the agreement described in subparagraph (A), 
the Authority shall enter into an agreement with an entity 
that is nationally recognized as being a medication regula-
tion agency equal in qualification to the United States 
Anti-Doping Agency to act as the anti-doping and medica-
tion control enforcement agency under this Act for services 
consistent with the horseracing anti-doping and medication 
control program. 
(C) NEGOTIATIONS.—Any negotiations under this para-
graph shall be conducted in good faith and designed to 
achieve efficient, effective best practices for anti-doping 
and medication control and enforcement on commercially 
reasonable terms. 
(D) ELEMENTS OF AGREEMENT.—Any agreement under 
this paragraph shall include a description of the scope 
of work, performance metrics, reporting obligations, and 
budgets of the United States Anti-Doping Agency while 
acting as the anti-doping and medication control enforce-
ment agency under this Act, as well as a provision for 
the revision of the agreement to increase in the scope 
of work as provided for in subsection (k), and any other 
matter the Authority considers appropriate. 
(E) DUTIES AND POWERS OF ENFORCEMENT AGENCY.— 
The anti-doping and medication control enforcement agency 
under an agreement under this paragraph shall— 
(i) serve as the independent anti-doping and medi-
cation control enforcement organization for covered 
horses, covered persons, and covered horseraces, imple-
menting the anti-doping and medication control pro-
gram on behalf of the Authority; 
(ii) ensure that covered horses and covered persons 
are deterred from using or administering medications,
H. R. 133—2080 
substances, and methods in violation of the rules estab-
lished in accordance with this Act; 
(iii) implement anti-doping education, research, 
testing, 
compliance 
and 
adjudication 
programs 
designed to prevent covered persons and covered horses 
from using or administering medications, substances, 
and methods in violation of the rules established in 
accordance with this Act; 
(iv) exercise the powers specified in section 
1206(c)(4) in accordance with that section; and 
(v) implement and undertake any other respon-
sibilities specified in the agreement. 
(F) TERM AND EXTENSION.— 
(i) TERM
OF
INITIAL
AGREEMENT.—The initial 
agreement entered into by the Authority under this 
paragraph shall be in effect for the 5-year period begin-
ning on the program effective date. 
(ii) EXTENSION.—At the end of the 5-year period 
described in clause (i), the Authority may— 
(I) extend the term of the initial agreement 
under this paragraph for such additional term as 
is provided by the rules of the Authority and con-
sistent with this Act; or 
(II) enter into an agreement meeting the 
requirements of this paragraph with an entity 
described by subparagraph (B) for such term as 
is provided by such rules and consistent with this 
Act. 
(2) AGREEMENTS
FOR
ENFORCEMENT
BY
STATE
RACING 
COMMISSIONS.— 
(A) STATE RACING COMMISSIONS.— 
(i) RACETRACK SAFETY PROGRAM.—The Authority 
may enter into agreements with State racing commis-
sions for services consistent with the enforcement of 
the racetrack safety program. 
(ii) ANTI-DOPING AND MEDICATION CONTROL PRO-
GRAM.—The 
anti-doping 
and 
medication 
control 
enforcement agency may enter into agreements with 
State racing commissions for services consistent with 
the enforcement of the anti-doping and medication con-
trol program. 
(B) ELEMENTS OF AGREEMENTS.—Any agreement under 
this paragraph shall include a description of the scope 
of work, performance metrics, reporting obligations, 
budgets, and any other matter the Authority considers 
appropriate. 
(3) ENFORCEMENT
OF
STANDARDS.—The Authority may 
coordinate with State racing commissions and other State regu-
latory agencies to monitor and enforce racetrack compliance 
with the standards developed under paragraphs (1) and (2) 
of section 1207(c). 
(f) PROCEDURES WITH RESPECT
TO RULES
OF AUTHORITY.— 
(1) ANTI-DOPING AND MEDICATION CONTROL.— 
(A) 
IN
GENERAL.—Recommendations 
for 
rules 
regarding anti-doping and medication control shall be 
developed in accordance with section 1206.
H. R. 133—2081 
(B) CONSULTATION.—The anti-doping and medication 
control enforcement agency shall consult with the anti- 
doping and medication control standing committee and the 
Board of the Authority on all anti-doping and medication 
control rules of the Authority. 
(2) 
RACETRACK
SAFETY.—Recommendations 
for 
rules 
regarding racetrack safety shall be developed by the racetrack 
safety standing committee of the Authority. 
(g) ISSUANCE OF GUIDANCE.— 
(1) The Authority may issue guidance that— 
(A) sets forth— 
(i) an interpretation of an existing rule, standard, 
or procedure of the Authority; or 
(ii) a policy or practice with respect to the adminis-
tration or enforcement of such an existing rule, 
standard, or procedure; and 
(B) relates solely to— 
(i) the administration of the Authority; or 
(ii) any other matter, as specified by the Commis-
sion, by rule, consistent with the public interest and 
the purposes of this subsection. 
(2) SUBMITTAL
TO
COMMISSION.—The Authority shall 
submit to the Commission any guidance issued under para-
graph (1). 
(3) IMMEDIATE EFFECT.—Guidance issued under paragraph 
(1) shall take effect on the date on which the guidance is 
submitted to the Commission under paragraph (2). 
(h) SUBPOENA AND INVESTIGATORY AUTHORITY.—The Authority 
shall have subpoena and investigatory authority with respect to 
civil violations committed under its jurisdiction. 
(i) CIVIL PENALTIES.—The Authority shall develop a list of 
civil penalties with respect to the enforcement of rules for covered 
persons and covered horseraces under its jurisdiction. 
(j) CIVIL ACTIONS.— 
(1) IN GENERAL.—In addition to civil sanctions imposed 
under section 1208, the Authority may commence a civil action 
against a covered person or racetrack that has engaged, is 
engaged, or is about to engage, in acts or practices constituting 
a violation of this Act or any rule established under this Act 
in the proper district court of the United States, the United 
States District Court for the District of Columbia, or the United 
States courts of any territory or other place subject to the 
jurisdiction of the United States, to enjoin such acts or prac-
tices, to enforce any civil sanctions imposed under that section, 
and for all other relief to which the Authority may be entitled. 
(2) INJUNCTIONS AND RESTRAINING ORDERS.—With respect 
to a civil action commenced under paragraph (1), upon a proper 
showing, a permanent or temporary injunction or restraining 
order shall be granted without bond. 
(k) LIMITATIONS ON AUTHORITY.— 
(1) 
PROSPECTIVE
APPLICATION.—The 
jurisdiction 
and 
authority of the Authority and the Commission with respect 
to the horseracing anti-doping and medication control program 
and the racetrack safety program shall be prospective only. 
(2) PREVIOUS MATTERS.—
H. R. 133—2082 
(A) IN GENERAL.—The Authority and the Commission 
may not investigate, prosecute, adjudicate, or penalize con-
duct in violation of the horseracing anti-doping and medica-
tion control program and the racetrack safety program 
that occurs before the program effective date. 
(B) STATE RACING COMMISSION.—With respect to con-
duct described in subparagraph (A), the applicable State 
racing commission shall retain authority until the final 
resolution of the matter. 
(3) OTHER LAWS UNAFFECTED.—This Act shall not be con-
strued to modify, impair or restrict the operation of the general 
laws or regulations, as may be amended from time to time, 
of the United States, the States and their political subdivisions 
relating to criminal conduct, cruelty to animals, matters unre-
lated to antidoping, medication control and racetrack and racing 
safety of covered horses and covered races, and the use of 
medication in human participants in covered races. 
(l) ELECTION FOR OTHER BREED COVERAGE UNDER ACT.— 
(1) IN GENERAL.—A State racing commission or a breed 
governing organization for a breed of horses other than 
Thoroughbred horses may elect to have such breed be covered 
by this Act by the filing of a designated election form and 
subsequent approval by the Authority. A State racing commis-
sion may elect to have a breed covered by this Act for the 
applicable State only. 
(2) ELECTION
CONDITIONAL
ON
FUNDING
MECHANISM.—A 
commission or organization may not make an election under 
paragraph (1) unless the commission or organization has in 
place a mechanism to provide sufficient funds to cover the 
costs of the administration of this Act with respect to the 
horses that will be covered by this Act as a result of the 
election. 
(3) APPORTIONMENT.—The Authority shall apportion costs 
described in paragraph (2) in connection with an election under 
paragraph (1) fairly among all impacted segments of the horse-
racing industry, subject to approval by the Commission in 
accordance with section 1204. Such apportionment may not 
provide for the allocation of costs or funds among breeds of 
horses. 
SEC. 1206. HORSERACING ANTI-DOPING AND MEDICATION CONTROL 
PROGRAM. 
(a) PROGRAM REQUIRED.— 
(1) IN GENERAL.—Not later than the program effective date, 
and after notice and an opportunity for public comment in 
accordance with section 1204, the Authority shall establish 
a horseracing anti-doping and medication control program 
applicable to all covered horses, covered persons, and covered 
horseraces in accordance with the registration of covered per-
sons under section 1205(d). 
(2) CONSIDERATION OF OTHER BREEDS.—In developing the 
horseracing anti-doping and medication control program with 
respect to a breed of horse that is made subject to this Act 
by election of a State racing commission or the breed governing 
organization for such horse under section 1205(k), the Authority 
shall consider the unique characteristics of such breed.
H. R. 133—2083 
(b) CONSIDERATIONS IN DEVELOPMENT OF PROGRAM.—In devel-
oping the horseracing anti-doping and medication control program, 
the Authority shall take into consideration the following: 
(1) Covered horses should compete only when they are 
free from the influence of medications, other foreign substances, 
and methods that affect their performance. 
(2) Covered horses that are injured or unsound should 
not train or participate in covered races, and the use of medica-
tions, other foreign substances, and treatment methods that 
mask or deaden pain in order to allow injured or unsound 
horses to train or race should be prohibited. 
(3) Rules, standards, procedures, and protocols regulating 
medication and treatment methods for covered horses and cov-
ered races should be uniform and uniformly administered 
nationally. 
(4) To the extent consistent with this Act, consideration 
should be given to international anti-doping and medication 
control standards of the International Federation of Horse-
racing Authorities and the Principles of Veterinary Medical 
Ethics of the American Veterinary Medical Association. 
(5) The administration of medications and treatment 
methods to covered horses should be based upon an examination 
and diagnosis that identifies an issue requiring treatment for 
which the medication or method represents an appropriate 
component of treatment. 
(6) The amount of therapeutic medication that a covered 
horse receives should be the minimum necessary to address 
the diagnosed health concerns identified during the examina-
tion and diagnostic process. 
(7) The welfare of covered horses, the integrity of the 
sport, and the confidence of the betting public require full 
disclosure to regulatory authorities regarding the administra-
tion of medications and treatments to covered horses. 
(c) ACTIVITIES.—The following activities shall be carried out 
under the horseracing anti-doping and medication control program: 
(1) STANDARDS
FOR
ANTI-DOPING
AND
MEDICATION
CON-
TROL.—Not later than 120 days before the program effective 
date, the Authority shall issue, by rule— 
(A) uniform standards for— 
(i) the administration of medication to covered 
horses by covered persons; and 
(ii) laboratory testing accreditation and protocols; 
and 
(B) a list of permitted and prohibited medications, 
substances, and methods, including allowable limits of per-
mitted medications, substances, and methods. 
(2) REVIEW PROCESS FOR ADMINISTRATION OF MEDICATION.— 
The development of a review process for the administration 
of any medication to a covered horse during the 48-hour period 
preceding the next racing start of the covered horse. 
(3) AGREEMENT
REQUIREMENTS.—The development of 
requirements with respect to agreements under section 1205(e). 
(4) ANTI-DOPING AND MEDICATION CONTROL ENFORCEMENT 
AGENCY.— 
(A) CONTROL RULES, PROTOCOLS, ETC.—Except as pro-
vided in paragraph (5), the anti-doping and medication 
control program enforcement agency under section 1205(e)
H. R. 133—2084 
shall, in consultation with the anti-doping and medication 
control standing committee of the Authority and consistent 
with international best practices, develop and recommend 
anti-doping and medication control rules, protocols, policies, 
and guidelines for approval by the Authority. 
(B) RESULTS MANAGEMENT.—The anti-doping and medi-
cation control enforcement agency shall conduct and over-
see anti-doping and medication control results manage-
ment, including independent investigations, charging and 
adjudication of potential medication control rule violations, 
and the enforcement of any civil sanctions for such viola-
tions. Any final decision or civil sanction of the anti-doping 
and medication control enforcement agency under this 
subparagraph shall be the final decision or civil sanction 
of the Authority, subject to review in accordance with sec-
tion 1209. 
(C) TESTING.—The anti-doping enforcement agency 
shall perform and manage test distribution planning 
(including intelligence-based testing), the sample collection 
process, and in-competition and out-of-competition testing 
(including no-advance-notice testing). 
(D) TESTING
LABORATORIES.—The anti-doping and 
medication control enforcement agency shall accredit 
testing laboratories based upon the standards established 
under this Act, and shall monitor, test, and audit accredited 
laboratories to ensure continuing compliance with accredi-
tation standards. 
(5) ANTI-DOPING AND MEDICATION CONTROL STANDING COM-
MITTEE.—The anti-doping and medication control standing com-
mittee shall, in consultation with the anti-doping and medica-
tion control enforcement agency, develop lists of permitted and 
prohibited medications, methods, and substances for rec-
ommendation to, and approval by, the Authority. Any such 
list may prohibit the administration of any substance or method 
to a horse at any time after such horse becomes a covered 
horse if the Authority determines such substance or method 
has a long-term degrading effect on the soundness of a horse. 
(d) PROHIBITION.—Except as provided in subsections (e) and 
(f), the horseracing anti-doping and medication control program 
shall prohibit the administration of any prohibited or otherwise 
permitted substance to a covered horse within 48 hours of its 
next racing start, effective as of the program effective date. 
(e) ADVISORY COMMITTEE STUDY AND REPORT.— 
(1) IN GENERAL.—Not later than the program effective date, 
the Authority shall convene an advisory committee comprised 
of horseracing anti-doping and medication control industry 
experts, including a member designated by the anti-doping 
and medication control enforcement agency, to conduct a study 
on the use of furosemide on horses during the 48-hour period 
before the start of a race, including the effect of furosemide 
on equine health and the integrity of competition and any 
other matter the Authority considers appropriate. 
(2) REPORT.—Not later than three years after the program 
effective date, the Authority shall direct the advisory committee 
convened under paragraph (1) to submit to the Authority a 
written report on the study conducted under that paragraph