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subparagraph (A) collected among covered per-
sons 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 Au-
thority 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 commis-
sion that does not elect to remit fees pursuant 
to paragraph (2) or that withdraws its election 
under such paragraph shall not impose or col-
lect 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— 
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(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 members. 
SEC. 4. FEDERAL TRADE COMMISSION OVERSIGHT. 
(a) IN GENERAL.—The Authority shall submit to the 
Commission, in accordance with such rules as the Com-
mission may prescribe 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 medica-
tions, substances, and methods, including allowable 
limits of permitted medications, substances, and 
methods; 
(3) laboratory standards for accreditation and 
protocols; 
(4) standards for racing surface quality mainte-
nance; 
(5) racetrack safety standards and protocols; 
(6) a program for injury and fatality data anal-
ysis; 
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(7) a program of research and education on 
safety, performance, 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 3(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 com-
ment. 
(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 MODIFICA-
TION TO A RULE.— 
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(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 ap-
prove a proposed rule or modification if the Commis-
sion finds that the proposed rule or modification is 
consistent with— 
(A) this Act; and 
(B) applicable rules approved by the Com-
mission. 
(3) REVISION OF PROPOSED RULE OR MODI-
FICATION.— 
(A) IN
GENERAL.—In the case of dis-
approval of a proposed rule or modification 
under this subsection, not later than 30 days 
after the issuance of the disapproval, the Com-
mission shall make recommendations to the Au-
thority to modify the proposed rule or modifica-
tion. 
(B) RESUBMISSION.—The Authority may 
resubmit for approval by the Commission a pro-
posed rule or modification that incorporates the 
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modifications recommended under subpara-
graph (A). 
(d) PROPOSED STANDARDS AND PROCEDURES.— 
(1) IN GENERAL.—The Authority shall submit 
to the Commission any proposed rule, standard, or 
procedure developed by the Authority to carry out 
the horseracing anti-doping and medication control 
program or the racetrack safety program. 
(2) NOTICE AND COMMENT.—The Commission 
shall publish in the Federal Register any such pro-
posed 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 wa-
gering on those horseraces. 
SEC. 5. JURISDICTION OF THE COMMISSION AND THE 
HORSERACING INTEGRITY AND SAFETY AU-
THORITY. 
(a) IN GENERAL.—Beginning on the program effec-
tive date, the Commission, the Authority, and the anti- 
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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 medication control authority over covered per-
sons similar to such authority of the State racing 
commissions before the program effective date. 
(b) PREEMPTION.—The rules of the Authority pro-
mulgated in accordance with this Act shall preempt any 
provision of State law or regulation with respect to mat-
ters within the jurisdiction of the Authority under this 
Act, as limited by subsection (j). Nothing contained in this 
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Act shall be construed to limit the authority of the Com-
mission under any other provision of law. 
(c) DUTIES.— 
(1) IN GENERAL.—The Authority— 
(A) shall develop uniform procedures and 
rules authorizing— 
(i) access to offices, racetrack facili-
ties, other places of business, books, 
records, and personal property of covered 
persons that are used in the care, treat-
ment, training, and racing of covered 
horses; 
(ii) issuance and enforcement of sub-
poenas 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 10, may rec-
ommend that the Commission commence an en-
forcement action. 
(2) APPROVAL
OF
COMMISSION.—The proce-
dures and rules developed under paragraph (1)(A) 
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shall be subject to approval by the Commission in 
accordance with section 4. 
(d) REGISTRATION OF COVERED PERSONS WITH AU-
THORITY.— 
(1) IN GENERAL.—As a condition of partici-
pating in covered races and in the care, ownership, 
treatment, and training of covered horses, a covered 
person shall register with the Authority in accord-
ance with rules promulgated by the Authority and 
approved by the Commission in accordance with sec-
tion 4. 
(2) AGREEMENT WITH RESPECT TO AUTHORITY 
RULES, STANDARDS, AND PROCEDURES.—Registra-
tion under this subsection shall include an agree-
ment by the covered person to be subject to and 
comply with the rules, standards, and procedures de-
veloped and approved under subsection (c). 
(3) COOPERATION.—A covered person reg-
istered under this subsection shall, at all times— 
(A) cooperate with the Commission, the 
Authority, the anti-doping and medication con-
trol 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 
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if questioned by the Commission, the Authority, 
the anti-doping and medication control enforce-
ment 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 8(a)(2)(G). 
(e) ENFORCEMENT OF PROGRAMS.— 
(1) ANTI-DOPING
AND
MEDICATION
CONTROL 
ENFORCEMENT AGENCY.— 
(A) AGREEMENT WITH USADA.—The Au-
thority 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 regulation agency equal in qualifica-
tion to the United States Anti-Doping Agency 
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to act as the anti-doping and medication control 
enforcement agency under this Act for services 
consistent with the horseracing anti-doping and 
medication control program. 
(C) 
NEGOTIATIONS.—Any 
negotiations 
under this paragraph shall be conducted in 
good faith and designed to achieve efficient, ef-
fective best practices for anti-doping and medi-
cation 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 con-
trol enforcement 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 Au-
thority considers appropriate. 
(E) DUTIES AND POWERS OF ENFORCE-
MENT AGENCY.—The anti-doping and medica-
tion control enforcement agency under an 
agreement under this paragraph shall— 
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(i) serve as the independent anti- 
doping and medication control enforcement 
organization for covered horses, covered 
persons, and covered horseraces, imple-
menting the anti-doping and medication 
control program on behalf of the Author-
ity; 
(ii) ensure that covered horses and 
covered persons are deterred from using or 
administering medications, substances, and 
methods in violation of the rules estab-
lished in accordance with this Act; 
(iii) implement anti-doping education, 
research, testing, compliance and adjudica-
tion programs designed to prevent covered 
persons and covered horses from using or 
administering medications, substances, and 
methods in violation of the rules estab-
lished in accordance with this Act; 
(iv) exercise the powers specified in 
section 6(c)(4) in accordance with that sec-
tion; and 
(v) implement and undertake any 
other responsibilities specified in the agree-
ment. 
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(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 beginning on 
the program effective date. 
(ii) EXTENSION.—At the end of the 5- 
year period described in clause (i), the Au-
thority 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 para-
graph with an entity described by sub-
paragraph (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 
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with State racing commissions for services 
consistent with the enforcement of the 
racetrack safety program. 
(ii) ANTI-DOPING
AND
MEDICATION 
CONTROL PROGRAM.—The anti-doping and 
medication control enforcement agency 
may enter into agreements with State rac-
ing commissions for services consistent 
with the enforcement of the anti-doping 
and medication control 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 appro-
priate. 
(3) ENFORCEMENT OF STANDARDS.—The Au-
thority may coordinate with State racing commis-
sions and other State regulatory agencies to monitor 
and enforce racetrack compliance with the standards 
developed under paragraphs (1) and (2) of section 
7(c). 
(f) PROCEDURES WITH RESPECT TO RULES OF AU-
THORITY.— 
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(1) 
ANTI-DOPING
AND
MEDICATION
CON-
TROL.— 
(A) IN
GENERAL.—Recommendations for 
rules regarding anti-doping and medication con-
trol shall be developed in accordance with sec-
tion 6. 
(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 devel-
oped 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 Author-
ity; or 
(ii) a policy or practice with respect to 
the administration or enforcement of such 
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an existing rule, standard, or procedure; 
and 
(B) relates solely to— 
(i) the administration of the Author-
ity; or 
(ii) any other matter, as specified by 
the Commission, by rule, consistent with 
the public interest and the purposes of this 
subsection. 
(2) SUBMITTAL TO COMMISSION.—The Author-
ity shall submit to the Commission any guidance 
issued under paragraph (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 au-
thority 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.— 
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(1) IN GENERAL.—In addition to civil sanctions 
imposed under section 8, the Authority may com-
mence 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 viola-
tion 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 terri-
tory or other place subject to the jurisdiction of the 
United States, to enjoin such acts or practices, to 
enforce any civil sanctions imposed under that sec-
tion, 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 jurisdic-
tion and authority of the Authority and the Commis-
sion with respect to the horseracing anti-doping and 
medication control program and the racetrack safety 
program shall be prospective only. 
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(2) PREVIOUS MATTERS.— 
(A) IN GENERAL.—The Authority and the 
Commission may not investigate, prosecute, ad-
judicate, or penalize conduct in violation of the 
horseracing anti-doping and medication control 
program and the racetrack safety program that 
occurs before the program effective date. 
(B) STATE RACING COMMISSION.—With re-
spect to conduct described in subparagraph (A), 
the applicable State racing commission shall re-
tain authority until the final resolution of the 
matter. 
(3) OTHER
LAWS
UNAFFECTED.—This Act 
shall not be construed 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 re-
lating to criminal conduct, cruelty to animals, mat-
ters unrelated 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.— 
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(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 ap-
proval by the Authority. A State racing commission 
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 mecha-
nism 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 ap-
portion costs described in paragraph (2) in connec-
tion with an election under paragraph (1) fairly 
among all impacted segments of the horseracing in-
dustry, subject to approval by the Commission in ac-
cordance with section 4. Such apportionment may 
not provide for the allocation of costs or funds 
among breeds of horses. 
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SEC. 6. 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 4, 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 persons under section 5(d). 
(2) CONSIDERATION
OF
OTHER
BREEDS.—In 
developing the horseracing anti-doping and medica-
tion 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 or-
ganization for such horse under section 5(k), the 
Authority shall consider the unique characteristics of 
such breed. 
(b) CONSIDERATIONS
IN DEVELOPMENT
OF PRO-
GRAM.—In developing 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, 
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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 medications, 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 covered races should be uniform 
and uniformly administered nationally. 
(4) To the extent consistent with this Act, con-
sideration should be given to international anti- 
doping and medication control standards of the 
International Federation of Horseracing 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 iden-
tifies an issue requiring treatment for which the 
medication or method represents an appropriate 
component of treatment. 
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(6) The amount of therapeutic medication that 
a covered horse receives should be the minimum nec-
essary to address the diagnosed health concerns 
identified during the examination 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 re-
garding the administration of medications and treat-
ments to covered horses. 
(c) ACTIVITIES.—The following activities shall be car-
ried out under the horseracing anti-doping and medication 
control program: 
(1) STANDARDS FOR ANTI-DOPING AND MEDI-
CATION CONTROL.—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 
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allowable limits of permitted medications, sub-
stances, and methods. 
(2) REVIEW PROCESS FOR ADMINISTRATION OF 
MEDICATION.—The development of a review process 
for the administration of any medication to a cov-
ered horse during the 48-hour period preceding the 
next racing start of the covered horse. 
(3) AGREEMENT REQUIREMENTS.—The devel-
opment of requirements with respect to agreements 
under section 5(e). 
(4) ANTI-DOPING
AND
MEDICATION
CONTROL 
ENFORCEMENT AGENCY.— 
(A) CONTROL RULES, PROTOCOLS, ETC.— 
Except as provided in paragraph (5), the anti- 
doping and medication control program enforce-
ment agency under section 5(e) shall, in con-
sultation with the anti-doping and medication 
control standing committee of the Authority 
and consistent with international best practices, 
develop and recommend anti-doping and medi-
cation control rules, protocols, policies, and 
guidelines for approval by the Authority. 
(B) RESULTS
MANAGEMENT.—The anti- 
doping and medication control enforcement 
agency shall conduct and oversee anti-doping 
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and medication control results management, in-
cluding independent investigations, charging 
and adjudication of potential medication control 
rule violations, and the enforcement of any civil 
sanctions for such violations. Any final decision 
or civil sanction of the anti-doping and medica-
tion control enforcement agency under this sub-
paragraph shall be the final decision or civil 
sanction of the Authority, subject to review in 
accordance with section 9. 
(C) TESTING.—The anti-doping enforce-
ment agency shall perform and manage test dis-
tribution planning (including intelligence-based 
testing), the sample collection process, and in- 
competition and out-of-competition testing (in-
cluding 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 accreditation standards. 
(5) ANTI-DOPING
AND
MEDICATION
CONTROL 
STANDING COMMITTEE.—The anti-doping and medi-
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cation control standing committee shall, in consulta-
tion with the anti-doping and medication control en-
forcement agency, develop lists of permitted and pro-
hibited medications, methods, and substances for 
recommendation 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 sub-
sections (e) and (f), the horseracing anti-doping and medi-
cation 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, ef-
fective 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 advi-
sory committee comprised of horseracing anti-doping 
and medication control industry experts, including a 
member designated by the anti-doping and medica-
tion 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 
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effect of furosemide on equine health and the integ-
rity of competition and any other matter the Author-
ity 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 that in-
cludes recommended changes, if any, to the prohibi-
tion in subsection (d). 
(3) MODIFICATION OF PROHIBITION.— 
(A) IN GENERAL.—After receipt of the re-
port required by paragraph (2), the Authority 
may, by unanimous vote of the Board of the 
Authority, modify the prohibition in subsection 
(d) and, notwithstanding subsection (f), any 
such modification shall apply to all States be-
ginning on the date that is three years after the 
program effective date. 
(B) CONDITION.—In order for a unani-
mous vote described in subparagraph (A) to ef-
fect a modification of the prohibition in sub-
section (d), the vote must include unanimous 
adoption of each of the following findings: 
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(i) That the modification is war-
ranted. 
(ii) That the modification is in the 
best interests of horse racing. 
(iii) That furosemide has no perform-
ance enhancing effect on individual horses. 
(iv) That public confidence in the in-
tegrity and safety of racing would not be 
adversely affected by the modification. 
(f) EXEMPTION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), only during the three-year period begin-
ning on the program effective date, a State racing 
commission may submit to the Authority, at such 
time and in such manner as the Authority may re-
quire, a request for an exemption from the prohibi-
tion in subsection (d) with respect to the use of 
furosemide on covered horses during such period. 
(2) EXCEPTIONS.—An exemption under para-
graph (1) may not be requested for— 
(A) two-year-old covered horses; or 
(B) covered horses competing in stakes 
races. 
(3) CONTENTS OF REQUEST.—A request under 
paragraph (1) shall specify the applicable State rac-
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ing commission’s requested limitations on the use of 
furosemide that would apply to the State under the 
horseracing anti-doping and medication control pro-
gram during such period. Such limitations shall be 
no less restrictive on the use and administration of 
furosemide than the restrictions set forth in State’s 
laws and regulations in effect as of September 1, 
2020. 
(4) GRANT OF EXEMPTION.—Subject to sub-
section (e)(3), the Authority shall grant an exemp-
tion requested under paragraph (1) for the remain-
der of such period and shall allow the use of 
furosemide on covered horses in the applicable State, 
in accordance with the requested limitations. 
(g) BASELINE ANTI-DOPING AND MEDICATION CON-
TROL RULES.— 
(1) IN GENERAL.—Subject to paragraph (3), 
the baseline anti-doping and medication control rules 
described in paragraph (2) shall— 
(A) constitute the initial rules of the horse-
racing anti-doping and medication control pro-
gram; and 
(B) except as exempted pursuant to sub-
sections (e) and (f), remain in effect at all 
times after the program effective date. 
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(2) BASELINE ANTI-DOPING MEDICATION CON-
TROL RULES DESCRIBED.— 
(A) IN
GENERAL.—The baseline anti- 
doping and medication control rules described 
in this paragraph are the following: 
(i) The lists of permitted and prohib-
ited substances (including drugs, medica-
tions, and naturally occurring substances 
and synthetically occurring substances) in 
effect for the International Federation of 
Horseracing Authorities, including the 
International Federation of Horseracing 
Authorities International Screening Limits 
for urine, dated May 2019, and the Inter-
national Federation of Horseracing Au-
thorities International Screening Limits for 
plasma, dated May 2019. 
(ii) The World Anti-Doping Agency 
International Standard for Laboratories 
(version 10.0), dated November 12, 2019. 
(iii) The Association of Racing Com-
missioners International out-of-competition 
testing standards, Model Rules of Racing 
(version 9.2). 
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(iv) The Association of Racing Com-
missioners International penalty and mul-
tiple medication violation rules, Model 
Rules of Racing (version 6.2). 
(B) CONFLICT OF RULES.—In the case of 
a conflict among the rules described in subpara-
graph (A), the most stringent rule shall apply. 
(3) MODIFICATIONS TO BASELINE RULES.— 
(A) DEVELOPMENT BY ANTI-DOPING AND 
MEDICATION
CONTROL
STANDING
COM-
MITTEE.—The anti-doping and medication con-
trol standing committee, in consultation with 
the anti-doping and medication control enforce-
ment agency, may develop and submit to the 
Authority for approval by the Authority pro-
posed modifications to the baseline anti-doping 
and medication control rules. 
(B) AUTHORITY
APPROVAL.—If the Au-
thority approves a proposed modification under 
this paragraph, the proposed modification shall 
be submitted to and considered by the Commis-
sion in accordance with section 4. 
(C) ANTI-DOPING AND MEDICATION CON-
TROL
ENFORCEMENT
AGENCY
VETO
AUTHOR-
ITY.—The Authority shall not approve any pro-
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posed modification that renders an anti-doping 
and medication control rule less stringent than 
the baseline anti-doping and medication control 
rules described in paragraph (2) (including by 
increasing permitted medication thresholds, 
adding permitted medications, removing prohib-
ited medications, or weakening enforcement 
mechanisms) without the approval of the anti- 
doping and medication control enforcement 
agency. 
SEC. 7. RACETRACK SAFETY PROGRAM. 
(a) ESTABLISHMENT AND CONSIDERATIONS.— 
(1) IN GENERAL.—Not later than the program 
effective date, and after notice and an opportunity 
for public comment in accordance with section 4, the 
Authority shall establish a racetrack safety program 
applicable to all covered horses, covered persons, and 
covered horseraces in accordance with the registra-
tion of covered persons under section 5(d). 
(2) CONSIDERATIONS
IN
DEVELOPMENT
OF 
SAFETY
PROGRAM.—In the development of the 
horseracing safety program for covered horses, cov-
ered persons, and covered horseraces, the Authority 
and the Commission shall take into consideration ex-
isting safety standards including the National Thor-
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oughbred Racing Association Safety and Integrity 
Alliance Code of Standards, the International Fed-
eration of Horseracing Authority’s International 
Agreement on Breeding, Racing, and Wagering, and 
the British Horseracing Authority’s Equine Health 
and Welfare program. 
(b) ELEMENTS
OF HORSERACING SAFETY PRO-
GRAM.—The horseracing safety program shall include the 
following: 
(1) A set of training and racing safety stand-
ards and protocols taking into account regional dif-
ferences and the character of differing racing facili-
ties. 
(2) A uniform set of training and racing safety 
standards and protocols consistent with the humane 
treatment of covered horses, which may include lists 
of permitted and prohibited practices or methods 
(such as crop use). 
(3) A racing surface quality maintenance sys-
tem that— 
(A) takes into account regional differences 
and the character of differing racing facilities; 
and 
(B) may include requirements for track 
surface design and consistency and established 
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standard operating procedures related to track 
surface, monitoring, and maintenance (such as 
standardized seasonal assessment, daily track-
ing, and measurement). 
(4) A uniform set of track safety standards and 
protocols, that may include rules governing oversight 
and movement of covered horses and human and 
equine injury reporting and prevention. 
(5) Programs for injury and fatality data anal-
ysis, that may include pre- and post-training and 
race inspections, use of a veterinarian’s list, and 
concussion protocols. 
(6) The undertaking of investigations at race-
track and non-racetrack facilities related to safety 
violations. 
(7) Procedures for investigating, charging, and 
adjudicating violations and for the enforcement of 
civil sanctions for violations. 
(8) A schedule of civil sanctions for violations. 
(9) Disciplinary hearings, which may include 
binding arbitration, civil sanctions, and research. 
(10) Management of violation results. 
(11) Programs relating to safety and perform-
ance research and education. 
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(12) An evaluation and accreditation program 
that ensures that racetracks in the United States 
meet the standards described in the elements of the 
Horseracing Safety Program. 
(c) ACTIVITIES.—The following activities shall be car-
ried out under the racetrack safety program: 
(1) STANDARDS
FOR
RACETRACK
SAFETY.— 
The development, by the racetrack safety standing 
committee of the Authority in section 3(c)(2) of uni-
form standards for racetrack and horseracing safety. 
(2) STANDARDS FOR SAFETY AND PERFORM-
ANCE ACCREDITATION.— 
(A) IN
GENERAL.—Not later than 120 
days before the program effective date, the Au-
thority, in consultation with the racetrack safe-
ty standing committee, shall issue, by rule in 
accordance with section 4— 
(i) safety and performance standards 
of accreditation for racetracks; and 
(ii) the process by which a racetrack 
may achieve and maintain accreditation by 
the Authority. 
(B) MODIFICATIONS.— 
(i) IN GENERAL.—The Authority may 
modify rules establishing the standards 
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issued under subparagraph (A), as the Au-
thority considers appropriate. 
(ii) NOTICE
AND
COMMENT.—The 
Commission shall publish in the Federal 
Register any proposed rule of the Author-
ity, and provide an opportunity for public 
comment with respect to, any modification 
under clause (i) in accordance with section 
4. 
(C) EXTENSION OF PROVISIONAL OR IN-
TERIM
ACCREDITATION.—The Authority may, 
by rule in accordance with section 4, extend 
provisional or interim accreditation to a race-
track accredited by the National Thoroughbred 
Racing Association Safety and Integrity Alli-
ance on a date before the program effective 
date. 
(3) NATIONWIDE SAFETY AND PERFORMANCE 
DATABASE.— 
(A) IN GENERAL.—Not later than one year 
after the program effective date, and after no-
tice and an opportunity for public comment in 
accordance with section 4, the Authority, in 
consultation with the Commission, shall develop 
and maintain a nationwide database of race-
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horse safety, performance, health, and injury 
information for the purpose of conducting an 
epidemiological study. 
(B) COLLECTION
OF
INFORMATION.—In 
accordance with the registration of covered per-
sons under section 5(d), the Authority may re-
quire covered persons to collect and submit to 
the database described in subparagraph (A) 
such information as the Authority may require 
to further the goal of increased racehorse wel-
fare. 
SEC. 8. RULE VIOLATIONS AND CIVIL SANCTIONS. 
(a) DESCRIPTION OF RULE VIOLATIONS.— 
(1) IN GENERAL.—The Authority shall issue, by 
rule in accordance with section 4, a description of 
safety, performance, and anti-doping and medication 
control rule violations applicable to covered horses 
and covered persons. 
(2) ELEMENTS.—The description of rule viola-
tions established under paragraph (1) may include 
the following: 
(A) With respect to a covered horse, strict 
liability for covered trainers for— 
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(i) the presence of a prohibited sub-
stance or method in a sample or the use of 
a prohibited substance or method; 
(ii) the presence of a permitted sub-
stance in a sample in excess of the amount 
allowed by the horseracing anti-doping and 
medication control program; and 
(iii) the use of a permitted method in 
violation of the applicable limitations es-
tablished under the horseracing anti- 
doping and medication control program. 
(B) Attempted use of a prohibited sub-
stance or method on a covered horse. 
(C) Possession of any prohibited substance 
or method. 
(D) Attempted possession of any prohib-
ited substance or method. 
(E) Administration or attempted adminis-
tration of any prohibited substance or method 
on a covered horse. 
(F) Refusal or failure, without compelling 
justification, to submit a covered horse for sam-
ple collection. 
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(G) Failure to cooperate with the Author-
ity or an agent of the Authority during any in-
vestigation. 
(H) Failure to respond truthfully, to the 
best of a covered person’s knowledge, to a ques-
tion of the Authority or an agent of the Author-
ity with respect to any matter under the juris-
diction of the Authority. 
(I) Tampering or attempted tampering 
with the application of the safety, performance, 
or anti-doping and medication control rules or 
process adopted by the Authority, including— 
(i) the intentional interference, or an 
attempt to interfere, with an official or 
agent of the Authority; 
(ii) the procurement or the provision 
of fraudulent information to the Authority 
or agent; and 
(iii) the intimidation of, or an attempt 
to intimidate, a potential witness. 
(J) Trafficking or attempted trafficking in 
any prohibited substance or method. 
(K) Assisting, encouraging, aiding, abet-
ting, conspiring, covering up, or any other type 
of intentional complicity involving a safety, per-
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(A) standards of accreditation for labora-
tories involved in testing samples from covered 
horses; 
(B) the process for achieving and main-
taining accreditation; and 
(C) the standards and protocols for testing 
such samples. 
(2) ADMINISTRATION.—The accreditation of 
laboratories and the conduct of audits of accredited 
laboratories to ensure compliance with Authority 
rules shall be administered by the anti-doping and 
medication control enforcement agency. The anti- 
doping and medication control enforcement agency 
shall have the authority to require specific test sam-
ples to be directed to and tested by laboratories hav-
ing special expertise in the required tests. 
(3) EXTENSION OF PROVISIONAL OR INTERIM 
ACCREDITATION.—The Authority may, by rule in ac-
cordance with section 4, extend provisional or in-
terim accreditation to a laboratory accredited by the 
Racing Medication and Testing Consortium, Inc., on 
a date before the program effective date. 
(4) SELECTION OF LABORATORIES.— 
(A) IN GENERAL.—Except as provided in 
paragraph (2), a State racing commission may 
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select a laboratory accredited in accordance 
with the standards established under paragraph 
(1) to test samples taken in the applicable 
State. 
(B) SELECTION BY THE AUTHORITY.—If a 
State racing commission does not select an ac-
credited laboratory under subparagraph (A), 
the Authority shall select such a laboratory to 
test samples taken in the State concerned. 
(c) RESULTS
MANAGEMENT
AND
DISCIPLINARY 
PROCESS.— 
(1) IN GENERAL.—Not later than 120 days be-
fore the program effective date, the Authority shall 
establish in accordance with section 4— 
(A) rules for safety, performance, and anti- 
doping and medication control results manage-
ment; and 
(B) the disciplinary process for safety, per-
formance, and anti-doping and medication con-
trol rule violations. 
(2) ELEMENTS.—The rules and process estab-
lished under paragraph (1) shall include the fol-
lowing: 
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(A) Provisions for notification of safety, 
performance, and anti-doping and medication 
control rule violations. 
(B) Hearing procedures. 
(C) Standards for burden of proof. 
(D) Presumptions. 
(E) Evidentiary rules. 
(F) Appeals. 
(G) Guidelines for confidentiality and pub-
lic reporting of decisions. 
(3) DUE
PROCESS.—The rules established 
under paragraph (1) shall provide for adequate due 
process, including impartial hearing officers or tribu-
nals commensurate with the seriousness of the al-
leged safety, performance, or anti-doping and medi-
cation control rule violation and the possible civil 
sanctions for such violation. 
(d) CIVIL SANCTIONS.— 
(1) IN GENERAL.—The Authority shall estab-
lish uniform rules, in accordance with section 4, im-
posing civil sanctions against covered persons or cov-
ered horses for safety, performance, and anti-doping 
and medication control rule violations. 
(2) REQUIREMENTS.—The rules established 
under paragraph (1) shall— 
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(A) take into account the unique aspects of 
horseracing; 
(B) be designed to ensure fair and trans-
parent horseraces; and 
(C) deter safety, performance, and anti- 
doping and medication control rule violations. 
(3) SEVERITY.—The civil sanctions under para-
graph (1) may include— 
(A) 
lifetime 
bans 
from 
horseracing, 
disgorgement of purses, monetary fines and 
penalties, and changes to the order of finish in 
covered races; and 
(B) with respect to anti-doping and medi-
cation control rule violators, an opportunity to 
reduce the applicable civil sanctions that is 
comparable to the opportunity provided by the 
Protocol for Olympic Movement Testing of the 
United States Anti-Doping Agency. 
(e) MODIFICATIONS.—The Authority may propose a 
modification to any rule established under this section as 
the Authority considers appropriate, and the proposed 
modification shall be submitted to and considered by the 
Commission in accordance with section 4. 
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SEC. 9. REVIEW OF FINAL DECISIONS OF THE AUTHORITY. 
(a) NOTICE OF CIVIL SANCTIONS.— If the Authority 
imposes a final civil sanction for a violation committed by 
a covered person pursuant to the rules or standards of 
the Authority, the Authority shall promptly submit to the 
Commission notice of the civil sanction in such form as 
the Commission may require. 
(b) REVIEW BY ADMINISTRATIVE LAW JUDGE.— 
(1) IN GENERAL.—With respect to a final civil 
sanction imposed by the Authority, on application by 
the Commission or a person aggrieved by the civil 
sanction filed not later than 30 days after the date 
on which notice under subsection (a) is submitted, 
the civil sanction shall be subject to de novo review 
by an administrative law judge. 
(2) NATURE OF REVIEW.— 
(A) IN
GENERAL.—In matters reviewed 
under this subsection, 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; 
(ii) such acts, practices, or omissions 
are in violation of this Act or the anti- 
doping and medication control or racetrack 
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safety rules approved by the Commission; 
or 
(iii) the final civil sanction of the Au-
thority was arbitrary, capricious, an abuse 
of discretion, or otherwise not in accord-
ance with law. 
(B) CONDUCT OF HEARING.—An adminis-
trative law judge shall conduct a hearing under 
this subsection in such a manner as the Com-
mission may specify by rule, which shall con-
form to section 556 of title 5, United States 
Code. 
(3) 
DECISION
BY
ADMINISTRATIVE
LAW 
JUDGE.— 
(A) IN GENERAL.—With respect to a mat-
ter reviewed under this subsection, an adminis-
trative law judge— 
(i) shall render a decision not later 
than 60 days after the conclusion of the 
hearing; 
(ii) may affirm, reverse, modify, set 
aside, or remand for further proceedings, 
in whole or in part, the final civil sanction 
of the Authority; and 
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(B) EFFECT OF DENIAL OF APPLICATION 
FOR
REVIEW.—If an application for review 
under subparagraph (A) is denied, the decision 
of the administrative law judge shall constitute 
the decision of the Commission without further 
proceedings. 
(C) DISCRETION OF COMMISSION.— 
(i) IN GENERAL.—A decision with re-
spect to whether to grant an application 
for review under subparagraph (A) is sub-
ject to the discretion of the Commission. 
(ii) MATTERS TO BE CONSIDERED.— 
In determining whether to grant such an 
application for review, the Commission 
shall consider whether the application 
makes a reasonable showing that— 
(I) a prejudicial error was com-
mitted in the conduct of the pro-
ceeding; or 
(II) the decision involved— 
(aa) an erroneous applica-
tion of the anti-doping and medi-
cation control or racetrack safety 
rules approved by the Commis-
sion; or 
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(bb) an exercise of discretion 
or a decision of law or policy that 
warrants review by the Commis-
sion. 
(3) NATURE OF REVIEW.— 
(A) IN
GENERAL.—In matters reviewed 
under this subsection, the Commission may— 
(i) affirm, reverse, modify, set aside, 
or remand for further proceedings, in 
whole or in part, the decision of the admin-
istrative law judge; and 
(ii) make any finding or conclusion 
that, in the judgement of the Commission, 
is proper and based on the record. 
(B) DE NOVO REVIEW.—The Commission 
shall review de novo the factual findings and 
conclusions of law made by the administrative 
law judge. 
(C) CONSIDERATION OF ADDITIONAL EVI-
DENCE.— 
(i) MOTION
BY
COMMISSION.—The 
Commission may, on its own motion, allow 
the consideration of additional evidence. 
(ii) MOTION BY A PARTY.— 
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(I) IN GENERAL.—A party may 
file a motion to consider additional 
evidence at any time before the 
issuance of a decision by the Commis-
sion, which shall show, with particu-
larity, that— 
(aa) such additional evidence 
is material; and 
(bb) there were reasonable 
grounds for failure to submit the 
evidence previously. 
(II) PROCEDURE.—The Commis-
sion may— 
(aa) accept or hear addi-
tional evidence; or 
(bb) remand the proceeding 
to the administrative law judge 
for the consideration of addi-
tional evidence. 
(d) STAY OF PROCEEDINGS.—Review by an adminis-
trative law judge or the Commission under this section 
shall not operate as a stay of a final civil sanction of the 
Authority unless the administrative law judge or Commis-
sion orders such a stay. 
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SEC. 10. UNFAIR OR DECEPTIVE ACTS OR PRACTICES. 
The sale of a covered horse, or of any other horse 
in anticipation of its future participation in a covered race, 
shall be considered an unfair or deceptive act or practice 
in or affecting commerce under section 5(a) of the Federal 
Trade Commission Act (15 U.S.C. 45(a)) if the seller— 
(1) knows or has reason to know the horse has 
been administered— 
(A) a bisphosphonate prior to the horse’s 
fourth birthday; or 
(B) any other substance or method the Au-
thority determines has a long-term degrading 
effect on the soundness of the covered horse; 
and 
(2) fails to disclose to the buyer the administra-
tion of the bisphosphonate or other substance or 
method described in paragraph (1)(B). 
SEC. 11. STATE DELEGATION; COOPERATION. 
(a) STATE DELEGATION.— 
(1) IN
GENERAL.—The Authority may enter 
into an agreement with a State racing commission to 
implement, within the jurisdiction of the State rac-
ing commission, a component of the racetrack safety 
program or, with the concurrence of the anti-doping 
and medication control enforcement agency under 
section 5(e), a component of the horseracing anti- 
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doping and medication control program, if the Au-
thority determines that the State racing commission 
has the ability to implement such component in ac-
cordance with the rules, standards, and require-
ments established by the Authority. 
(2) IMPLEMENTATION BY STATE RACING COM-
MISSION.—A State racing commission or other ap-
propriate regulatory body of a State may not imple-
ment such a component in a manner less restrictive 
than the rule, standard, or requirement established 
by the Authority. 
(b) COOPERATION.—To avoid duplication of func-
tions, facilities, and personnel, and to attain closer coordi-
nation and greater effectiveness and economy in adminis-
tration of Federal and State law, where conduct by any 
person subject to the horseracing medication control pro-
gram or the racetrack safety program may involve both 
a medication control or racetrack safety rule violation and 
violation of Federal or State law, the Authority and Fed-
eral or State law enforcement authorities shall cooperate 
and share information. 
SEC. 12. DETERMINATION OF BUDGETARY EFFECTS. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement 
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titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
Act, submitted for printing in the Congressional Record 
by the Chairman of the House Budget Committee, pro-
vided that such statement has been submitted prior to the 
vote on passage. 
Passed the House of Representatives September 29, 
2020. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
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