ments of this Act and the rules and regulations 
promulgated by the Commission. 
(i) OVERSIGHT OF FINAL DECISIONS OF THE AU-
THORITY.— 
(1) NOTICE OF SANCTIONS.—If the Authority 
imposes any final sanction, the Authority shall 
promptly file notice thereof with the Commission in 
such form as the Commission may require. 
(2) 
REVIEW
BY
ADMINISTRATIVE
LAW 
JUDGE.— 
(A) APPLICATION FOR REVIEW.—All final 
sanctions of the Authority shall be subject to 
review by an administrative law judge appointed 
pursuant to this Act upon application by the 
Commission or any person aggrieved by such 
final sanction filed within 30 days after the 
date such notice was filed with the Commission. 
(B) APPOINTMENT
OF
ADMINISTRATIVE 
LAW
JUDGE.—The Commission shall appoint 
one or more administrative law judges to serve 
a term of seven years unless earlier removed by 
the Commission for cause. At the time of his/ 
her appointment, the administrative law judge 
shall have been a practicing lawyer for at least 
ten years and shall have demonstrated expertise 
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in matters relating to horseracing and anti- 
doping and medication control. 
(C) NATURE OF REVIEW.—In matters re-
viewed pursuant to this subsection, the adminis-
trative law judge shall conduct a hearing in a 
manner as the Commission may specify by rule. 
Such hearing shall conform to section 556 of 
title 5, United States Code. The administrative 
law judge shall determine whether— 
(i) a person has engaged in such acts 
or practices or has omitted such acts or 
practices as the Authority has found the 
person to have engaged in or omitted; and 
(ii) such acts, practices, or omissions 
are in violation of the Act or the anti- 
doping and medication control rules ap-
proved by the Commission. 
(D) DECISION
BY
ADMINISTRATIVE
LAW 
JUDGE.—The administrative law judge shall 
render a decision within 60 days of the conclu-
sion of the hearing. Such decision may affirm, 
reverse, modify, set aside, or remand for further 
proceedings, in whole or in part, the final sanc-
tion of the Authority. Such decision shall con-
stitute the decision of the Commission without 
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further proceedings unless there is a timely no-
tice or application for review filed pursuant to 
paragraph (3). 
(3) REVIEW BY COMMISSION.— 
(A) NOTICE OF REVIEW BY COMMISSION.— 
The Commission may, on its own motion, re-
view any decision of the administrative law 
judge rendered pursuant to subsection (i)(2) by 
giving notice thereof to the Authority and inter-
ested parties within 30 days of the decision by 
the administrative law judge. 
(B) APPLICATION FOR REVIEW.—The Au-
thority or any person aggrieved by the decision 
of an administrative law judge rendered pursu-
ant to subsection (i)(2) may petition the Com-
mission to review such decision by filing an ap-
plication for review within 30 days of the ren-
dering of such decision. If such application is 
denied, the decision of the administrative law 
judge shall constitute the decision of the Com-
mission without further proceedings. Whether 
to grant review is within the Commission’s dis-
cretion, provided however that the Commission 
may grant review only where the application 
therefor demonstrates: 
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(i) a prejudicial error was committed 
in the conduct of the proceeding; or 
(ii) the decision embodies an erro-
neous application of the anti-doping and 
medication rules previously approved by 
the Commission. 
(C) NATURE OF REVIEW.—In matters re-
viewed pursuant to this subsection, the Com-
mission may affirm, reverse, modify, set aside 
or remand for further proceedings, in whole or 
in part, on the basis of the record before the 
administrative law judge and briefs submitted 
to the Commission. The Commission shall give 
deference to a factual finding by the adminis-
trative law judge unless such finding is clearly 
erroneous. The Commission shall review a con-
clusion of law by the administrative law judge 
de novo. The Commission shall not permit the 
taking of additional evidence except upon a 
showing that such additional evidence is mate-
rial and that such evidence could not in the ex-
ercise of reasonable diligence have been adduced 
previously. 
(4) STAY OF PROCEEDINGS.—Review by an ad-
ministrative law judge or the Commission pursuant 
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to subsection (i) shall not operate as a stay of any 
final sanction of the Authority unless the adminis-
trative law judge or Commission otherwise orders. 
SEC. 6. HORSERACING ANTI-DOPING AND MEDICATION 
CONTROL PROGRAM REQUIRED. 
(a) PROGRAM REQUIRED.—Not later than 1 year 
after the date on which initial selection and appointment 
of the members of the board of the Authority is completed 
under section 5 and after notice to and with appropriate 
opportunity for comment from equine industry representa-
tives and the public, the Authority shall develop and ad-
minister the horseracing anti-doping and medication con-
trol program for covered horses, covered persons, and cov-
ered horseraces. To the extent practicable, such program 
shall take into account the unique characteristics of each 
separate breed of horse. 
(b) ELEMENTS OF PROGRAM.—The horseracing anti- 
doping and medication control program shall include the 
following: 
(1) A uniform set of anti-doping and medica-
tion control rules. 
(2) Lists of permitted and prohibited sub-
stances (which may include, without limitation, 
drugs, medications, naturally occurring substances 
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and synthetically occurring substances) and meth-
ods. 
(3) A prohibition upon the administration of 
any prohibited or otherwise permitted substance to 
a covered horse within 24 hours of its next racing 
start, which shall be effective not later than January 
1, 2019. 
(4) A process for sample collection. 
(5) Programs for in-competition and out-of- 
competition testing (including no-advance-notice 
testing and mandatory reporting of each horse’s lo-
cation for testing). 
(6) Testing procedures, standards, and proto-
cols for both in-competition and out-of-competition 
testing. 
(7) Laboratory standards for accreditation and 
testing requirements, procedures, and protocols. 
(8) The undertaking of investigations at race-
track and non-racetrack facilities related to anti- 
doping and medication control rule violations. 
(9) Procedures for investigating, charging, and 
adjudicating violations and for the enforcement of 
sanctions for violations. 
(10) A schedule of sanctions for violations. 
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(2) NO
AUTHORITY
OVER
PREVIOUS
MAT-
TERS.—Neither the Commission nor the Authority 
shall have authority or responsibility to investigate, 
prosecute, adjudicate, or penalize conduct occurring 
prior to the effective date of the horseracing anti- 
doping and medication control program. 
(3) PRESERVATION OF STATE RACING COMMIS-
SION AUTHORITY OVER PREVIOUS MATTERS.—State 
racing commissions shall retain authority over mat-
ters described in paragraph (2) until the final reso-
lution of any resulting charges. 
(e) CONSIDERATIONS.—The horseracing anti-doping 
and medication control program shall take into consider-
ation international anti-doping and medication control 
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 horseracing anti-doping and medication control pro-
gram. 
(f) UPDATES.—The Authority shall update the horse-
racing anti-doping and medication control program from 
time to time. 
(g) LISTS OF PROHIBITED SUBSTANCES AND METH-
ODS.— 
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(1) IN GENERAL.—The Authority shall, by rule 
develop, maintain, and publish lists of permitted and 
prohibited substances and methods. 
(2) CONTENTS.—The initial list, which shall be 
subject to such future changes as the Authority con-
siders appropriate and which shall be in effect until 
amended by the Authority, of prohibited substances 
and methods 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 14.0, revised January 2019; or 
(B) the World Anti-Doping Code Inter-
national Standard Prohibited List, January 
2019, 
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 Controlled Therapeutic Medica-
tion Schedule for Horses, Version 4.1, revised Janu-
ary 2019. 
(3) DEADLINES FOR LISTS.— 
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(A) DEVELOPED
AND
PUBLISHED.—The 
lists of permitted and prohibited substances and 
methods, including all modifications to the ini-
tial lists, shall be developed and published not 
later than the date that is 120 days before the 
date on which the horseracing anti-doping and 
medication control programs goes into effect 
under section 6(a). 
(B) EFFECTIVE.—The lists described in 
subparagraph (A) shall take effect on the date 
that is 1 year after the date on which initial se-
lection and appointment of the members of the 
board of the Authority is completed under sec-
tion 5. 
(4) PERIODIC REVIEW.— 
(A) IN GENERAL.—The inclusion of per-
mitted or prohibited substances or methods on 
the lists shall be subject to periodic review by 
the Authority, which shall be subject to review 
by the Commission under section 4, for modi-
fication, substitution, addition to, or deletion 
from the lists. 
(B) ESTABLISHMENT
OF
NOTICE, CON-
SULTATION, AND COMMENT PROCESS.—The Au-
thority shall establish a notice, consultation, 
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and comment process for the periodic reviews 
carried out under subparagraph (A) that in-
volves industry representatives and the public. 
(h) ANTI-DOPING AND MEDICATION CONTROL RULE 
VIOLATIONS.— 
(1) IN GENERAL.—The Authority, after notice 
to and with appropriate opportunity for comment 
from industry representatives and the public, shall 
establish, by rule, a list of anti-doping and medica-
tion control rule violations applicable to either horses 
or covered persons. 
(2) ELEMENTS.—The list established under 
paragraph (1) may include the following: 
(A) Strict liability for the presence of a 
prohibited substance or method in a horse’s 
sample or the use of a prohibited substance or 
method. 
(B) Strict liability for the presence of a 
permitted substance in a horse’s sample in ex-
cess of the amount allowed by the horseracing 
anti-doping and medication control program. 
(C) Strict liability for the use of a per-
mitted method in violation of the applicable lim-
itations established within the horseracing and 
medication control program. 
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(D) Attempted use of a prohibited sub-
stance or method. 
(E) Possession of any prohibited substance 
or method. 
(F) Attempted possession of any prohibited 
substance or method. 
(G) Administration or attempted adminis-
tration of any prohibited substance or method. 
(H) Refusing or failing without compelling 
justification to submit a horse for sample collec-
tion. 
(I) Tampering or attempted tampering 
with any part of doping control. 
(J) Trafficking or attempted trafficking in 
any prohibited substance or method and com-
plicity in any anti-doping and medication con-
trol rule violation. 
(i) TESTING LABORATORIES.— 
(1) IN GENERAL.—Not later than 1 year after 
the date on which initial selection and appointment 
of the members of the board of the Authority is 
completed under section 5, the Authority shall estab-
lish by rule standards of accreditation for labora-
tories involved in the testing of samples taken from 
covered horses, the process for achieving and main-
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taining accreditation, and the standards and proto-
cols for testing of samples. 
(2) EXTENSION OF PROVISIONAL OR INTERIM 
ACCREDITATION.—The Authority may, by rule, ex-
tend provisional or interim accreditation to labora-
tories accredited by the Racing Medication and Test-
ing Consortium, Inc. 
(3) 
SELECTION
OF
LABORATORIES
BY 
STATES.—Each State racing commission, if it so 
elects, shall determine the laboratory to be used in 
testing samples taken within its jurisdiction, pro-
vided that the laboratory selected has been accred-
ited by, and complies with the testing protocols and 
standards established by, the Authority. 
(4) SELECTION OF LABORATORIES BY THE AU-
THORITY.—If a State racing commission does not 
elect to determine the laboratory to be used in test-
ing samples taken within its jurisdiction, the Au-
thority shall by rule, make the selection. 
(j) RESULTS
MANAGEMENT
AND
DISCIPLINARY 
PROCESS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date on which initial selection and appointment 
of the members of the board of the Authority is 
completed under section 5, the Authority, after no-
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tice to and with appropriate opportunity for com-
ment from equine industry representatives and the 
public, shall promulgate rules for anti-doping and 
medication control results management and the dis-
ciplinary process for anti-doping and medication con-
trol rule violation results management, including the 
following: 
(A) Provisions for notification of anti- 
doping and medication control rule violations. 
(B) Hearing procedures. 
(C) Burden of proof. 
(D) Presumptions. 
(E) Evidentiary rules. 
(F) Appeals. 
(G) Guidelines for confidentiality and pub-
lic reporting of decisions. 
(2) DUE
PROCESS.—The rules promulgated 
under paragraph (1) shall provide for adequate due 
process, including impartial hearing officers or tribu-
nals commensurate with the seriousness of the al-
leged anti-doping and medication control rule viola-
tion and the possible sanctions for such violation. 
(k) SANCTIONS.— 
(1) IN GENERAL.—The Authority, after notice 
to and with appropriate opportunity for comment 
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from industry representatives and the public, shall 
promulgate uniform rules imposing sanctions against 
covered persons or covered horses for anti-doping 
and medication control rule violations. 
(2) REQUIREMENTS.—The rules promulgated 
under paragraph (1) shall— 
(A) take into account the unique aspects of 
horseracing; 
(B) be designed to ensure fair and trans-
parent horseraces; and 
(C) deter the commission of anti-doping 
and medication control rule violations. 
(3) SEVERITY.—The rules promulgated under 
paragraph (1) shall impose sanctions up to and in-
cluding lifetime bans from horseracing, disgorgement 
of purses, monetary fines and penalties and changes 
to the order of finish in covered races. The sanc-
tioning rules shall also include opportunities for 
anti-doping and medication control rule violators to 
reduce the otherwise applicable sanctions generally 
comparable to those opportunities afforded by the 
United States Anti-Doping Agency’s Protocol for 
Olympic Movement Testing. 
(l) ENFORCEMENT.—In addition to any penalties or 
sanctions imposed in accordance with the provisions of the 
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horseracing anti-doping and medication control program, 
whenever it shall appear to the Authority that one has 
engaged, is engaged or is about to engage in acts or prac-
tices constituting a violation of any provision of this Act 
or the horseracing anti-doping and medication control pro-
gram, the Authority may commence a civil action against 
such covered person or any racetrack 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 juris-
diction of the United States, to enjoin such acts or prac-
tices, to enforce any fines, penalties or other sanctions im-
posed in accordance with the provisions of the anti-doping 
and medication control program and for all other relief 
to which the Authority may be entitled. Upon a proper 
showing, a permanent or temporary injunction or restrain-
ing order shall be granted without bond. 
(m) PERIODIC
ASSESSMENTS
BY
COMPTROLLER 
GENERAL OF THE UNITED STATES.— 
(1) ASSESSMENTS.—Following the third anni-
versary of the date on which the anti-doping and 
medication control program identified in section 6 
takes effect and not less frequently than once every 
4 years thereafter, the Comptroller General of the 
United States shall review and analyze results of the 
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such program in comparison to the results of similar 
equine anti-doping and medication control programs 
in major foreign racing jurisdictions. 
(2) GATHERING ASSESSMENTS FROM INDUSTRY 
REPRESENTATIVES.—In conjunction with review and 
analysis required by paragraph (1), the Comptroller 
General may invite persons representing the signifi-
cant facets of the horseracing industry, including as-
sociations and individuals representing racetracks, 
breeders, owners, trainers, veterinarians, jockeys, 
bettors, equine researchers, and organizations dedi-
cated to the welfare and safety of covered horses, to 
collectively meet with and provide testimony to the 
Comptroller General for the purpose of gathering 
further assessments on the performance and effec-
tiveness of the Authority and the anti-doping and 
medication control program. 
(3) REPORTS.—Upon the conclusion of a review 
and analysis under paragraph (1), the Comptroller 
General shall submit to Congress a report on such 
review and analysis with an assessment of the per-
formance of the Authority and the Commission con-
cerning their effectiveness as an anti-doping and 
medication control organization and the efficiency of 
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the horseracing anti-doping and medication control 
program. 
SEC. 7. OTHER LAWS UNAFFECTED. 
This Act shall not be construed to modify, impair, 
or restrict the operation or effectiveness of State or Fed-
eral statutes and regulations directed at— 
(1) any of the consents, approvals, or agree-
ments required by the Interstate Horseracing Act of 
1978; 
(2) criminal conduct by covered persons and 
others; 
(3) horseracing matters unrelated to anti- 
doping and medication control as addressed in this 
Act; or 
(4) the use of medication in human participants 
in covered races. 
SEC. 8. STATE DELEGATION; DUTY OF COOPERATION. 
(a) STATE DELEGATION.— 
(1) IN
GENERAL.—The Authority may enter 
into agreements with one or more State racing com-
missions to implement within their respective juris-
dictions any of the components of the horseracing 
anti-doping and medication control program estab-
lished by the Authority if the Authority determines 
that a particular State racing commission will be 
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able to implement a component of the horseracing 
anti-doping and medication control program in ac-
cordance with the standards and requirements estab-
lished by the Authority. 
(2) DURATION OF AGREEMENTS.—Any agree-
ment entered into under paragraph (1) shall remain 
in effect as long as the Authority determines the ap-
plicable racing commission to be implementing the 
components of the medication regulation program 
covered by the agreement in compliance with the 
standards and requirements established by the Au-
thority. 
(b) DUTY OF COOPERATION.—Where conduct by any 
person subject to the horseracing anti-doping and medica-
tion control program may involve both an anti-doping and 
medication control rule violation and violation of State or 
Federal law, this Act imposes a duty to cooperate and 
share information between the Authority and State and 
Federal law enforcement authorities. 
SEC. 9. RULES OF CONSTRUCTION. 
The Authority shall not have the power to impose 
criminal sanctions and shall not be considered nor con-
strued to be an agent of, or an actor on behalf of, the 
United States Government or any State. 
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SEC. 10. EFFECTIVE DATE. 
(a) IN GENERAL.—The horseracing anti-doping and 
medication control program shall take effect not later than 
the date that is 1 year after the date on which initial selec-
tion and appointment of the members of the board of the 
Authority is completed under section 5. 
(b) TRANSITION.—The Authority and State regu-
latory authorities shall work cooperatively to develop tran-
sition rules with respect to doping conduct, sanctions, and 
investigations arising prior to the effective date of the 
horseracing anti-doping and medication control program. 
SEC. 11. FUNDING. 
(a) RULE OF CONSTRUCTION.—Nothing in this Act 
shall be construed to require— 
(1) the appropriation of any amount to the Au-
thority; or 
(2) the Federal Government to guarantee the 
debts of the Authority. 
(b) INITIAL FUNDING.— 
(1) IN GENERAL.—Initial funding to establish 
the Authority and underwrite its operations prior to 
the effective date shall be provided by loans obtained 
by and donations made to the Authority. 
(2) BORROWING AND ACCEPTING DONATIONS.— 
The Authority may borrow money and accept private 
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donations and contributions toward the funding of 
its operations. 
(3) ANNUAL
CALCULATION
OF
AMOUNTS
RE-
QUIRED.— 
(A) IN GENERAL.—Not later than the date 
that is 90 days before the date set forth in sec-
tion 10(a) and not later than November 1 of 
each year thereafter, the Authority shall deter-
mine and provide to each State racing commis-
sion the estimated amount required per racing 
starter to fund the horseracing anti-doping and 
medication control program for the coming year 
and to liquidate any loans or funding shortfall 
in the current year and any prior years. 
(B) BASIS OF CALCULATION.—The amount 
calculated under subparagraph (A) shall be 
based upon the annual budget of the Authority 
for the succeeding year, as approved by the 
board of the Authority. 
(C) REQUIREMENTS REGARDING BUDGETS 
OF AUTHORITY.—The Authority’s initial budget 
shall require the approval of 2⁄3 of its board and 
any subsequent budget that exceeds the pre-
ceding year’s budget by more than 5 percent 
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shall also require the approval of 2⁄3 of the 
board of the Authority. 
(c) ASSESSMENT
AND COLLECTION
OF FEES
BY 
STATES.— 
(1) NOTICE OF ELECTION.—Any State racing 
commission that elects to remit fees pursuant to this 
subsection shall notify the Authority of such election 
at least 60 days prior to the adoption of the horse-
racing anti-doping and medication control program. 
(2) REQUIREMENT TO REMIT FEES.—Once a 
State racing commission makes such notification, 
the election shall remain in effect and the State rac-
ing commission shall be required to remit fees pur-
suant to this subsection. 
(3) WITHDRAWAL OF ELECTION.—A State rac-
ing commission may withdraw its election after pro-
viding notice to the Authority of its intent to cease 
remitting fees pursuant to this subsection not later 
than 1 year before ceasing such remitting. 
(4) SCHEDULE OF REMITTANCE.—Each State 
racing commission that elects to remit fees shall 
remit to the Authority on or before the 20th day of 
each calendar month an amount equal to the appli-
cable fee per racing start multiplied by the number 
of racing starts in the State in the previous month. 
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(5) DETERMINATIONS
OF
METHODS.—Each 
State racing commission shall determine, subject to 
the applicable laws and regulations of the State, the 
method by which the requisite amount shall be allo-
cated, assessed, and collected. 
(6) SENSE OF CONGRESS.—It is the sense of 
Congress that funding mechanisms imposed by State 
racing commissions should apportion the funding 
burden fairly among all impacted segments of the 
horseracing industry and may include check-off pro-
grams. 
(d) ASSESSMENT AND COLLECTION OF FEES BY THE 
AUTHORITY.— 
(1) CALCULATION.—In the event a State racing 
commission does not elect to remit fees pursuant to 
subsection (c) or withdraws its election under such 
subsection, the Authority shall calculate each month 
the applicable fee per racing start multiplied by the 
number of racing starts in the State in the previous 
month. 
(2) ALLOCATION.—The Authority shall equi-
tably allocate that amount calculated under para-
graph (1), among those involved in covered 
horseraces pursuant to such rules as the Authority 
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may promulgate, subject to review by the Commis-
sion under section 4. 
(3) ASSESSMENT.—The Authority shall assess a 
fee equal to the allocation made under paragraph (2) 
and shall collect such fee according to such rules as 
the Authority may promulgate, subject to such Com-
mission review. 
(4) LIMITATION.—A State racing commission 
that does not elect to remit fees pursuant to sub-
section (c) or that withdraws its election under such 
subsection shall not impose or collect from any per-
son a fee or tax relating to anti-doping and medica-
tion control matters for covered horseraces. 
Æ 
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