[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1754 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 1754
To improve the integrity and safety of horseracing by requiring a
uniform anti-doping and medication control program to be developed and
enforced by an independent Horseracing Anti-Doping and Medication
Control Authority.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 14, 2019
Mr. Tonko (for himself, Mr. Barr, Ms. Titus, Ms. Schakowsky, Mr.
Blumenauer, Mr. Cardenas, Ms. Castor of Florida, Mr. Kilmer, Mr. Sean
Patrick Maloney of New York, Mr. Suozzi, Mr. Schiff, Mr. Cohen, Mr.
Meeks, Ms. DeLauro, Miss Rice of New York, Mr. Collins of New York, Ms.
Gabbard, Mr. Krishnamoorthi, Mr. Rodney Davis of Illinois, Mr. Watkins,
Mrs. Walorski, Mr. Cook, Mr. Joyce of Ohio, Mr. Woodall, Mr.
Hollingsworth, Mr. Buchanan, Mr. Carter of Georgia, and Mr. Katko)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To improve the integrity and safety of horseracing by requiring a
uniform anti-doping and medication control program to be developed and
enforced by an independent Horseracing Anti-Doping and Medication
Control Authority.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Horseracing Integrity Act of 2019''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Recognizing the substantial relation that horseracing
has to interstate commerce, Congress enacted the Interstate
Horseracing Act of 1978 (15 U.S.C. 3001 et seq.) to regulate
pari-mutuel wagering on horseracing in order to protect and
further the horseracing industry of the United States. This Act
does not modify or supplement the Interstate Horseracing Act of
1978 or impair or restrict the operation and enforcement of
State law or regulation of horseracing with respect to matters
unrelated to anti-doping and medication control or for
violations of State or Federal criminal law.
(2) Approximately 40 percent of the 635,890 starts by
Thoroughbred, Quarter Horse, and Standardbred racehorses in
2018 were made by horses that competed in more than one State.
Those Thoroughbred, Quarter Horse, and Standardbred racehorses
which participated in races in more than one State in 2018 made
over 55 percent of all United States racing starts that year.
(3) Uniform adoption of national anti-doping and medication
control standards for horseracing in the United States will
promote interstate commerce, encourage fair competition and a
level playing field, assure full and fair disclosure of
information to purchasers of breeding stock and to the wagering
public, will improve the marketplace for domestic and
international sales of United States horses, will provide a
platform for consistency with all major international
horseracing standards, address growing domestic concerns over
disparities with international rules, and provide for the
safety and welfare of horses and jockeys.
(4) The use of therapeutic medications in horseracing in
the United States must place the health and welfare of the
horse at the highest level of priority while achieving
consistency with the uses permitted in major international
horseracing jurisdictions. Because the various States have been
unable to adopt a national uniform anti-doping and medication
control program, national uniform regulations with respect to
the use of, and testing for, drugs capable of affecting the
results of a horse race and therapeutic medications used in
horseracing, such rules, procedures, and enforcement policies
should be implemented, consistent with internationally accepted
best practices, by an independent anti-doping and medication
control organization authorized by an act of Congress.
(5) For human sports, Congress has demonstrated its
commitment to fair competition through legislation, oversight,
funding, and by its execution of an international treaty, the
UNESCO International Convention Against Doping in Sport. By
ratifying the UNESCO Convention, the United States agreed to
adopt appropriate measures consistent with the principles of
the World Anti-Doping Code and to take appropriate action,
including legislation, regulation, policies, or administrative
practices to implement that commitment.
(6) In the context of Olympic sports, Congress has
recognized the United States Anti-Doping Agency as an
independent anti-doping and medication control organization
possessing high-level expertise and credibility in the
development and administration of an anti-doping and medication
control program.
(7) Congress supports the establishment of an independent
anti-doping and medication control organization to ensure the
wagering public's confidence in the fairness of horseracing and
to strengthen and harmonize anti-doping and medication control
rules and sanctions for horseracing in order to ensure fair and
transparent horseraces and to deter the commission of anti-
doping and medication control rule violations.
(8) The movement of horses among the States for the purpose
of participating in covered horseraces, the widespread
acceptance, receipt, and transmission of wagers on covered
horseraces in interstate commerce, and the need to ensure
integrity of competition in, and wagering on, covered
horseraces warrant congressional action as set forth in this
Act.
SEC. 3. DEFINITIONS.
In this Act:
(1) Authority.--The term ``Authority'' means the
independent Horseracing Anti-Doping and Medication Control
Authority established by section 5.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Covered horserace.--The term ``covered horserace''
means any horserace that has a substantial relation to
interstate commerce, including any horserace that is the
subject of interstate off-track wagers.
(4) Covered horse.--The term ``covered horse'' means any
Thoroughbred, Quarter, or Standardbred horse, beginning on the
date of the horse's first timed and reported workout at a race
track that participates in covered horseraces or a licensed
training facility until the Authority receives written notice
that the horse has been retired.
(5) Covered persons.--The term ``covered persons'' means
all trainers, owners, veterinarians, 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.
(6) Equine constituencies.--The term ``equine
constituencies'' means, collectively, the owners and breeders,
trainers, racetracks, veterinarians, State racing commissions,
and jockeys.
(7) 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
membership consists of, owners and breeders, trainers,
racetracks, veterinarians, State racing commissions, and
jockeys.
(8) Horseracing anti-doping and medication control
program.--The term ``horseracing anti-doping and medication
control program'' means the program established under section
6.
(9) 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).
(10) Jockey.--The term ``jockey'' means a rider or driver
of a covered horse in covered horseraces.
(11) Medication and regulatory experts.--The term
``medication and regulatory experts'' means organizations or
associations that are actively involved in the establishment of
equine medication standards, or groups or associations
representing entities responsible for the current regulation of
the equine industry, or groups or associations representing
equine practitioners and veterinarians.
(12) Owners and breeders.--The term ``owners and breeders''
means those persons who either hold ownership interests in
covered horses or who are in the business of breeding covered
horses.
(13) Prohibited methods.--The term ``prohibited methods''
means any methods that are on the list of prohibited methods
identified in section 6(g).
(14) Prohibited substances.--The term ``prohibited
substances'' means any substances that are on the list of
prohibited substances identified in section 6(g).
(15) Permitted methods.--The term ``permitted methods''
means those methods identified in the list of permitted methods
identified in section 6(g).
(16) Permitted substances.--The term ``permitted
substances'' means those substances contained in the list of
permitted substances identified in section 6(g).
(17) Racetrack.--The term ``racetrack'' means an
organization licensed by a State racing commission to conduct
covered horseraces.
(18) State racing commission.--The term ``State racing
commission'' means that entity designated by State statute or,
in the absence of statute, by regulation, with jurisdiction to
regulate the conduct of horseracing within the State.
(19) Trainers.--The term ``trainer'' means an individual
engaged in the training of covered horses.
(20) Veterinarian.--The term ``veterinarian'' means a
licensed veterinarian who provides veterinary services to
covered horses.
(21) Workout.--The term ``workout'' means a timed running
of a horse over a predetermined distance not associated with a
race or, with regard to a horse taking part in harness or pace
racing, its first qualifying race.
SEC. 4. JURISDICTION FOR HORSERACING ANTI-DOPING AND MEDICATION CONTROL
MATTERS.
(a) In General.--Effective upon the effective date of the anti-
doping and medication control program as set forth in section 10, the
Authority shall exercise authority over all horseracing anti-doping and
medication control matters consistent with the provisions of this Act.
(b) Powers and Authority.--
(1) In general.--The Authority shall be established as a
private, independent, self-regulatory, nonprofit corporation
with responsibility for developing and administering an anti-
doping and medication control program for covered horses,
covered persons, and covered horseraces consistent with the
provisions of this Act.
(2) Powers.--The Authority shall be vested with the same
anti-doping and medication control powers over horseracing
licensees as the State racing commissions have in their
respective States in respect to access to offices, track
facilities, and other places of business of licensees, search
and seizure, issuance and enforcement of subpoenas and
subpoenas duces tecum, and other investigatory powers.
(3) Consent.--As a condition of eligibility to participate
in covered horseraces, covered persons agree that they and
their covered horses shall be bound by the provisions of the
horseracing anti-doping and medication control program
established in accordance with section 6.
(c) Exclusive Jurisdiction and Oversight.--
(1) Jurisdiction of commission.--The Commission shall have
exclusive jurisdiction over all horseracing anti-doping and
medication control matters consistent with this Act.
(2) Activities of authority.--The Authority shall engage in
activities in accordance with such rules as are approved
pursuant to this Act.
(d) Guiding Principles.--In carrying out the provisions of this
Act, the Commission and the Authority shall be guided by the findings
and principles contained in section 2.
(e) State Compact.--The jurisdiction and authority granted to the
Commission and the Authority under this Act shall terminate if, at any
time after the expiration of five years following the effectiveness of
the anti-doping and medication control program--
(1) an interstate compact is established that includes
among its members 75 percent of the States in which starts in
covered races occurred during the calendar year preceding the
formation of the compact and those States which collectively
hosted not less than 90 percent of the total racing starts of
covered horses in covered races for the two-year period
preceding the formation of the compact; and
(2)(A) all member States enter into and maintain an
agreement with the Authority for services consistent with the
anti-doping and medication control program provided for in
section 6 in those States; or
(B) the compact is drafted with public input from
horseracing industry constituencies (including trainers,
owners, the breed registry, veterinarians, regulators, race
tracks, testing laboratories, bettors, and jockeys) by persons
who conform to the conflict of interest restrictions set forth
in section 5(d); obligates the compact to pay the costs of
winding down the Authority and transitioning its operations to
the compact; provides for uniform anti-doping and medication
control regulations among all member States, consistent with
section 6 and no less restrictive than the Authority's most
recent anti-doping and medication control program; and is
governed and maintained by a board, which would include among
its members persons meeting the requirements of section 5(b),
each board member conforming to the conflict of interest
restrictions set forth in section 5(d).
The consent of Congress is hereby given to interstate compacts meeting
the requirements referenced in this section 5(h).
SEC. 5. ESTABLISHMENT OF HORSERACING ANTI-DOPING AND MEDICATION CONTROL
AUTHORITY.
(a) Establishment.--There is established the Horseracing Anti-
doping and Medication Control Authority, a private, independent, self-
regulatory, nonprofit corporation with responsibility for developing
and administering an anti-doping and medication control program for
covered horses, covered persons, and covered horseraces.
(b) Composition.--The Authority shall be governed by a board (in
this section referred to as the ``Board'') which shall be comprised of
the following:
(1) The chief executive officer of the United States Anti-
Doping Agency.
(2) Six individuals, selected by the United States Anti-
Doping Agency from among members of the board of the United
States Anti-Doping Agency.
(3) Six individuals selected by the United States Anti-
Doping Agency--
(A) from among individuals who represent different
equine industry constituencies; and
(B) such that--
(i) at least 1 member has expertise in
equine anti-doping and medication control
regulation;
(ii) at least 1 member has significant
experience as an owner of covered horses or is
a person with expertise in the breeding of race
horses;
(iii) at least 1 member was formerly
employed as an executive with a racetrack;
(iv) at least 1 member has a degree in
veterinary medicine and either has expertise in
equine veterinary practice with regard to race
horses or expertise in veterinary research in
matters affecting race horses;
(v) at least 1 member has expertise in
training covered horses; and
(vi) at least 1 member has expertise in
riding covered horses as a jockey.
(c) Selection Methodology.--In selecting individuals under
subsection (b), the United States Anti-Doping Agency shall--
(1) solicit lists of 2 candidates each from a cross-section
of equine industry representatives;
(2) endeavor to provide diversity among the Board's
membership between persons primarily involved with the 3 breeds
of racehorses, to the greatest extent practicable and
consistent with the standards for Board membership set forth in
this section;
(3) if Board positions remain unfilled from the lists
solicited under paragraph (1), ask organizations, groups, and
associations that represent the various equine constituencies
set forth in subsection (b)(3)(B) to submit an additional 2
candidates from which the Agency may fill the remaining open
Board positions; and
(4) if Board positions remain unfilled from the second set
of candidate lists, choose, in accordance with subsection (b),
one or more persons at large with substantial experience in the
equine industry and meets the qualifications of the person
described in subsection (b) whose position on the Board remains
to be filled.
(d) Conflicts of Interest.--To avoid any conflict of interest, no
member of the Board shall be--
(1) an individual who has a financial interest in or
provides goods or services to covered horses;
(2) an official or officer of any equine industry
representative or serve in any governance or policymaking
capacity for an equine industry representative; or
(3) an employee or have a business or commercial
relationship with any of the individuals or organizations
described in paragraph (1) or (2).
(e) Terms; Vacancies.--
(1) Staggered terms.--The terms of members of the Board
shall be 3 years and shall be staggered so that the terms of no
more than 5 members of the Board expire in any year.
(2) Limitation on consecutive terms.--Members of the Board
may serve for no more than 2 consecutive full terms.
(3) Vacancies.--Vacancies among Board positions held by
equine industry candidates shall be filled pursuant to the
provisions of subsection (b) and any other vacancies shall be
filled pursuant to the provisions of the rules of the
Authority. At any time after the expiration of 5 years
following the date on which initial selection and appointment
of the members of the Board of the Authority is completed under
section 5, the United States Anti-Doping Agency may withdraw
from participation in the Authority and direct its chief
executive officer and board members resign their memberships on
the Board of the Authority. Following receipt of such
resignations by the Authority, the remaining members of the
Board of the Authority shall select new Board members to fill
the vacant positions in the same manner as is provided in
paragraphs (1) through (4) of subsection (c).
(f) Standing Committees.--
(1) In general.--The Authority shall establish one or more
standing advisory and technical committees, which shall include
qualified representatives from horseracing industry
constituencies, including trainers, owners, the breed registry,
veterinarians, regulators, race tracks, testing laboratories,
bettors, and jockeys.
(2) Committee on development and maintenance of the
horseracing anti-doping and medication control program.--The
Authority shall establish a standing advisory committee, which
shall include medication and regulatory experts and other
representatives from horseracing industry constituencies, to
provide advice and guidance to the Board on the development and
maintenance of the horseracing anti-doping and medication
control program.
(3) Chairperson of committee on permitted and prohibited
substances and methods.--The Authority shall appoint the Board
member selected pursuant to subsection (b)(3)(B)(i) to serve as
the chairperson of the standing advisory and technical
committee on permitted and prohibited substances and methods.
(4) Duties.--The committees established under paragraph (1)
shall assist the Authority in establishing and administering
the horseracing anti-doping and medication control program.
(5) Committee conflicts of interest.--No standing committee
members, other than those who are members of the Board of the
Authority or employees of the Authority, shall be subject to
the conflict of interest provisions set forth in section 5(d).
(g) Administration of the Authority.--
(1) Administrative structure.--The Authority shall
establish an administrative structure and employ among its
staff employees with sufficient experience in and knowledge of
equine-related and anti-doping and medication control matters
as appropriate to carry out the responsibilities set forth in
this Act.
(2) Employees generally.--The Board of the Authority shall
select the Authority's chief executive officer. All Authority
employees shall serve at the pleasure the Authority's chief
executive officer. All Authority employees shall be subject to
the conflict of interest revisions applicable to members of the
Board of the Authority as set forth in section 5(d).
(h) Oversight of Rules Prescribed by the Authority.--
(1) Filing requirement.--The Authority shall file with the
Commission, in accordance with such rules as the Commission may
prescribe, copies of any proposed rule or change to any rule
(collectively ``proposed rule'') of the Authority. Proposed
rule means the lists of permitted and prohibited substances;
laboratory standards for accreditation and protocols; schedules
of sanctions for violations; processes and procedures for
disciplinary hearings; and formula and methodology for
determining assessments set out in section 11(d).
(2) Publication and comment.--
(A) In general.--The Commission shall publish the
proposed rule and provide interested persons an
opportunity to comment.
(B) Approval required.--No proposed rule shall take
effect unless it has been approved by the Commission.
(3) Approval.--
(A) Period.--The Commission shall approve or
disapprove a proposed rule no later than 45 days after
the proposed rule is published.
(B) Conditions.--The Commission shall approve a
proposed rule if it finds that such proposed rule is
consistent with the requirements of this Act and the
rules and regulations promulgated by the Commission.
(i) Oversight of Final Decisions of the Authority.--
(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 in matters
relating to horseracing and anti-doping and medication
control.
(C) Nature of review.--In matters reviewed pursuant
to this subsection, the administrative 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 approved by the
Commission.
(D) Decision by administrative law judge.--The
administrative law judge shall render a decision within
60 days of the conclusion of the hearing. Such decision
may affirm, reverse, modify, set aside, or remand for
further proceedings, in whole or in part, the final
sanction of the Authority. Such decision shall
constitute the decision of the Commission without
further proceedings unless there is a timely notice 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, review any decision of the
administrative law judge rendered pursuant to
subsection (i)(2) by giving notice thereof to the
Authority and interested parties within 30 days of the
decision by the administrative law judge.
(B) Application for review.--The Authority or any
person aggrieved by the decision of an administrative
law judge rendered pursuant to subsection (i)(2) may
petition the Commission to review such decision by
filing an application for review within 30 days of the
rendering of such decision. If such application is
denied, the decision of the administrative law judge
shall constitute the decision of the Commission without
further proceedings. Whether to grant review is within
the Commission's discretion, provided however that the
Commission may grant review only where the application
therefor demonstrates:
(i) a prejudicial error was committed in
the conduct of the proceeding; or
(ii) the decision embodies an erroneous
application of the anti-doping and medication
rules previously approved by the Commission.
(C) Nature of review.--In matters reviewed pursuant
to this subsection, the Commission 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 administrative law judge unless
such finding is clearly erroneous. The Commission shall
review a conclusion 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 material and that such
evidence could not in the exercise of reasonable
diligence have been adduced previously.
(4) Stay of proceedings.--Review by an administrative law
judge or the Commission pursuant to subsection (i) shall not
operate as a stay of any final sanction of the Authority unless
the administrative 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
representatives and the public, the Authority shall develop and
administer the horseracing anti-doping and medication control program
for covered horses, covered persons, and covered 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 medication control
rules.
(2) Lists of permitted and prohibited substances (which may
include, without limitation, drugs, medications, naturally
occurring substances and synthetically occurring substances)
and methods.
(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 location for testing).
(6) Testing procedures, standards, and protocols 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 racetrack 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.
(11) Disciplinary hearings, which may include binding
arbitration, sanctions and research.
(12) Management of violation results.
(13) Programs relating to anti-doping and medication
control research and education.
(c) Applicability to Covered Horses and Persons.--
(1) In general.--The equine horseracing anti-doping and
medication control program developed and administered pursuant
to subsection (a) shall apply to all covered horses, covered
persons, and covered horseraces.
(2) Agreement by covered persons.--As a condition of
eligibility to participate in covered horseraces, covered
persons shall agree that they and their covered horses shall be
bound by the provisions of the horseracing anti-doping and
medication control program.
(d) Limitation of Authority.--
(1) Prospective application.--The jurisdiction and
authority of the Commission and Authority with respect to the
horseracing anti-doping and medication control program shall be
prospective only.
(2) No authority over previous matters.--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 commission authority over
previous matters.--State racing commissions shall retain
authority over matters described in paragraph (2) until the
final resolution of any resulting charges.
(e) Considerations.--The horseracing anti-doping and medication
control program shall take into consideration 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 program.
(f) Updates.--The Authority shall update the horseracing anti-
doping and medication control program from time to time.
(g) Lists of Prohibited Substances and Methods.--
(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 considers 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 Association of Racing
Commissioners International, Version 14.0, revised
January 2019; or
(B) the World Anti-Doping Code International
Standard Prohibited List, January 2019,
unless and to the extent that such a substance or method
described in subparagraph (A) or (B) is contained on the list
of permitted substances and methods identified on the
Association of Racing Commissioners International Controlled
Therapeutic Medication Schedule for Horses, Version 4.1,
revised January 2019.
(3) Deadlines for lists.--
(A) Developed and published.--The lists of
permitted and prohibited substances and methods,
including all modifications to the initial 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 selection and appointment of
the members of the board of the Authority is completed
under section 5.
(4) Periodic review.--
(A) In general.--The inclusion of permitted 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 modification, substitution, addition to,
or deletion from the lists.
(B) Establishment of notice, consultation, and
comment process.--The Authority shall establish a
notice, consultation, and comment process for the
periodic reviews carried out under subparagraph (A)
that involves 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 medication 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 excess of
the amount allowed by the horseracing anti-doping and
medication control program.
(C) Strict liability for the use of a permitted
method in violation of the applicable limitations
established within the horseracing and medication
control program.
(D) Attempted use of a prohibited substance or
method.
(E) Possession of any prohibited substance or
method.
(F) Attempted possession of any prohibited
substance or method.
(G) Administration or attempted administration of
any prohibited substance or method.
(H) Refusing or failing without compelling
justification to submit a horse for sample collection.
(I) Tampering or attempted tampering with any part
of doping control.
(J) Trafficking or attempted trafficking in any
prohibited substance or method and complicity in any
anti-doping and medication control 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 establish by rule standards of accreditation
for laboratories involved in the testing of samples taken from
covered horses, the process for achieving and maintaining
accreditation, and the standards and protocols for testing of
samples.
(2) Extension of provisional or interim accreditation.--The
Authority may, by rule, extend provisional or interim
accreditation to laboratories accredited by the Racing
Medication and Testing 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,
provided that the laboratory selected has been accredited by,
and complies with the testing protocols and standards
established by, the Authority.
(4) Selection of laboratories by the authority.--If a State
racing commission does not elect to determine the laboratory to
be used in testing samples taken within its jurisdiction, the
Authority 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 notice to and with appropriate opportunity for
comment from equine industry representatives and the public,
shall promulgate rules for anti-doping and medication control
results management and the disciplinary process for anti-doping
and medication control 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 public
reporting of decisions.
(2) Due process.--The rules promulgated under paragraph (1)
shall provide for adequate due process, including impartial
hearing officers or tribunals commensurate with the seriousness
of the alleged anti-doping and medication control rule
violation and the possible sanctions for such violation.
(k) Sanctions.--
(1) In general.--The Authority, after notice to and with
appropriate opportunity for comment 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 transparent
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 including lifetime bans from
horseracing, disgorgement of purses, monetary fines and
penalties and changes to the order of finish in covered races.
The sanctioning 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 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
practices constituting a violation of any provision of this Act or the
horseracing anti-doping and medication control program, 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
jurisdiction of the United States, to enjoin such acts or practices, to
enforce any fines, penalties or other sanctions imposed 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 restraining
order shall be granted without bond.
(m) Periodic Assessments by Comptroller General of the United
States.--
(1) Assessments.--Following the third anniversary 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 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 significant facets of the horseracing industry, including
associations and individuals representing racetracks, breeders,
owners, trainers, veterinarians, jockeys, bettors, equine
researchers, and organizations dedicated 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
effectiveness 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 performance of the Authority and the
Commission concerning their effectiveness as an anti-doping and
medication control organization and the efficiency of 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 Federal statutes and regulations
directed at--
(1) any of the consents, approvals, or agreements 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 commissions to implement within
their respective jurisdictions any of the components of the
horseracing anti-doping and medication control program
established by the Authority if the Authority determines that a
particular State racing commission will be able to implement a
component of the horseracing anti-doping and medication control
program in accordance with the standards and requirements
established by the Authority.
(2) Duration of agreements.--Any agreement entered into
under paragraph (1) shall remain in effect as long as the
Authority determines the applicable 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 Authority.
(b) Duty of Cooperation.--Where conduct by any person subject to
the horseracing anti-doping and medication 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 construed to be an agent of, or an
actor on behalf of, the United States Government or any State.
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 selection and appointment of the members of
the board of the Authority is completed under section 5.
(b) Transition.--The Authority and State regulatory authorities
shall work cooperatively to develop transition 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 Authority; 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 donations and contributions
toward the funding of its operations.
(3) Annual calculation of amounts required.--
(A) In general.--Not later than the date that is 90
days before the date set forth in section 10(a) and not
later than November 1 of each year thereafter, the
Authority shall determine and provide to each State
racing commission 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 preceding year's budget by more
than 5 percent 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 horseracing 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 racing commission shall be required to
remit fees pursuant to this subsection.
(3) Withdrawal of election.--A State racing commission may
withdraw its election after providing 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 applicable fee per racing start multiplied by the number of
racing starts in the State in the previous month.
(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 allocated, 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 programs.
(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 equitably allocate
that amount calculated under paragraph (1), among those
involved in covered horseraces pursuant to such rules as the
Authority may promulgate, subject to review by the Commission
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 Commission review.
(4) Limitation.--A State racing commission that does not
elect to remit fees pursuant to subsection (c) or that
withdraws its election under such subsection shall not impose
or collect from any person a fee or tax relating to anti-doping
and medication control matters for covered horseraces.
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