[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3084 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 3084

  To improve the integrity and safety of Thoroughbred horseracing by 
requiring a uniform anti-doping program to be developed and enforced by 
     an independent Thoroughbred Horseracing Anti-Doping Authority.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 16, 2015

  Mr. Barr (for himself and Mr. Tonko) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To improve the integrity and safety of Thoroughbred horseracing by 
requiring a uniform anti-doping program to be developed and enforced by 
     an independent Thoroughbred Horseracing Anti-Doping 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 ``Thoroughbred Horseracing Integrity 
Act of 2015''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Congress enacted the Interstate Horseracing Act of 1978 
        (15 U.S.C. 3001 et seq.) to regulate interstate commerce with 
        respect to pari-mutuel wagering on Thoroughbred horseracing in 
        order to protect and further the Thoroughbred horseracing 
        industry of the United States. This Act does not modify or 
        eliminate any of the consents, approvals, or agreements 
        required by the Interstate Horseracing Act of 1978 or impair or 
        restrict the operation and enforcement of State law or 
        regulation of Thoroughbred horseracing with respect to matters 
        unrelated to anti-doping or for violations of State or Federal 
        criminal law.
            (2) The horseracing industry contributes approximately 
        $25,000,000,000 to the United States economy annually and 
        generates nearly 380,000 domestic jobs. Approximately 50 
        percent of the 317,000 starts by Thoroughbred horses in 2014 
        were made by horses that competed in more than one State.
            (3) Uniform adoption of national anti-doping standards for 
        Thoroughbred 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 the American Thoroughbred, will provide a platform for 
        consistency with all major international Thoroughbred 
        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 Thoroughbred 
        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 Thoroughbred horseracing jurisdictions, including 
        the use of race-day medication. Because the various States have 
        been unable to adopt a national uniform anti-doping program, 
        national uniform regulations with respect to the use of, and 
        testing for, drugs capable of affecting the results of a 
        Thoroughbred horse race and therapeutic medications used in 
        Thoroughbred horseracing, such rules, procedures and 
        enforcement policies should be implemented, consistent with 
        internationally accepted best practices, by an independent 
        anti-doping 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 organization possessing high-level 
        expertise and credibility in the development and administration 
        of an anti-doping program.
            (7) Congress supports the establishment of an independent 
        anti-doping organization to ensure the wagering public's 
        confidence in the fairness of Thoroughbred horseracing and to 
        strengthen and harmonize anti-doping rules and sanctions for 
        Thoroughbred horseracing in order to ensure fair and 
        transparent Thoroughbred horseraces and to deter the commission 
        of anti-doping rule violations.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Authority.--The term ``Authority'' means the 
        independent Thoroughbred Horseracing Anti-Doping Authority 
        established by section 5.
            (2) Covered horserace.--The term ``covered horserace'' 
        means any horserace that involves only Thoroughbreds and that 
        is the subject of interstate off-track wagers.
            (3) Covered horse.--The term ``covered horses'' means any 
        Thoroughbred horse, beginning on the date of the Thoroughbred 
        horse's first timed and reported workout at a race track that 
        participates in races that are the subject of interstate off-
        track wagers or a licensed Thoroughbred training facility until 
        the Authority receives written notice that the horse has been 
        retired.
            (4) Covered persons.--The term ``covered persons'' means 
        all trainers, owners, veterinarians, and the agents and 
        employees of such persons and other horse support personnel who 
        are engaged in the care, training, or racing of covered horses.
            (5) Horseracing associations.--The term ``horseracing 
        association'' means a group or association that represents 
        entities licensed by a State racing commission to conduct 
        covered races.
            (6) 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).
            (7) Jockey.--The term ``jockey'' means a rider of a covered 
        horse in covered races.
            (8) Medication and regulatory experts groups.--The term 
        ``medication and regulatory experts groups'' means groups or 
        associations that are, at the time of enactment, actively 
        involved in the establishment of equine medication standards, 
        or groups or associations representing entities responsible for 
        the current regulation of the Thoroughbred industry, or groups 
        or associations representing equine practitioners and 
        veterinarians.
            (9) 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.
            (10) Prohibited methods.--The term ``prohibited methods'' 
        means any methods that are on the list of prohibited methods 
        identified in section 7(b).
            (11) Prohibited substances.--The term ``prohibited 
        substances'' means any substances that are on the list of 
        prohibited substances identified in section 7(b).
            (12) Permitted substances.--The term ``permitted 
        substances'' means those substances contained in the list of 
        permitted substances identified in section 7(b).
            (13) Permitted methods.--The term ``permitted methods'' 
        means those methods identified in the list of permitted methods 
        identified in section 7(b).
            (14) 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 Thoroughbred horseracing within the 
        State.
            (15) Takeout.--The term ``takeout'' means that portion of a 
        wager that is deducted from or not included in the pari-mutuel 
        pool, and that is distributed to persons other than those 
        placing wagers.
            (16) Thoroughbred.--The term ``Thoroughbred'' means a horse 
        that has satisfied the rules and requirements set forth in The 
        Jockey Club's Principal Rules and Requirements of the American 
        Stud Book and is registered in The Jockey Club's The American 
        Stud Book.
            (17) Thoroughbred constituencies.--The term ``Thoroughbred 
        constituencies'' means, collectively, the owners and breeders, 
        trainers, horse racing associations, veterinarians, State 
        racing commissions and jockeys.
            (18) Thoroughbred industry representative.--The term 
        ``Thoroughbred industry representative'' means an organization 
        regularly and significantly engaged in the Thoroughbred 
        industry, including, organizations that represent the interests 
        of, and whose membership consists of, owners and breeders, 
        trainers, horse racing associations, veterinarians, State 
        racing commissions, and jockeys.
            (19) Thoroughbred horseracing anti-doping program.--The 
        term ``Thoroughbred horseracing anti-doping program'' means the 
        program established in accordance with section 7.
            (20) Trainers.--The term ``trainer'' means an individual 
        engaged in the training of covered horses.
            (21) Veterinarian.--The term ``veterinarian'' means a 
        licensed veterinarian who provides veterinary services to 
        covered horses.
            (22) Workout.--The term ``workout'' means a timed running 
        of a horse over a pre-determined distance not associated with a 
        race.

SEC. 4. JURISDICTION OF AUTHORITY FOR ANTI-DOPING MATTERS AND CONDITION 
              FOR ACCEPTANCE OF WAGERS.

    (a) Jurisdiction for Anti-Doping Matters.--Effective January 1, 
2017, the Authority shall have exclusive jurisdiction for anti-doping 
matters over all covered horses, covered persons, and covered 
horseraces.
    (b) Condition for Acceptance of Wagers.--The jurisdiction and 
authority of the Authority are hereby imposed, in addition to 
compliance with the Interstate Horseracing Act of 1978 (15 U.S.C. 3001-
3007), as conditions upon the privilege to accept, receive or transmit 
wagers on covered horseraces and to participate in such races.
    (c) Powers and Authority.--The Authority shall be vested with the 
same powers over Thoroughbred 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. 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 Thoroughbred horseracing anti-doping program established in 
accordance with section 7(a).

SEC. 5. INDEPENDENT ANTI-DOPING AUTHORITY FOR INTERSTATE HORSERACING.

    (a) Establishment.--There is established the Thoroughbred 
Horseracing Anti-Doping Authority, an independent organization with 
responsibility for developing and administering an anti-doping program 
for covered horses, covered persons, and covered horseraces.
    (b) Composition.--The Authority shall be a nonprofit corporation 
governed by a board initially comprised of the United States Anti-
Doping Agency's chief executive officer, five United States Anti-Doping 
Agency board members, and five individuals from different 
constituencies of the Thoroughbred industry who shall be appointed by 
the United States Anti-Doping Agency, as follows:
            (1) The United States Anti-Doping Agency shall solicit 
        lists of two candidates each from a cross-section of 
        thoroughbred industry representatives, the members of which 
        include owners and breeders, trainers, veterinarians, racing 
        associations, State racing commissions and jockeys.
            (2) The United States Anti-Doping Agency may, in its sole 
        discretion, include more than one thoroughbred industry 
        representative from each such Thoroughbred constituency but 
        shall make reasonable efforts to include the largest and most 
        broadly based organization or organizations from each 
        Thoroughbred constituency.
            (3) The United States Anti-Doping Agency shall endeavor to 
        provide diversity of industry membership on the board by 
        allocating board positions among the nominees from those 
        Thoroughbred constituencies to the greatest extent practicable 
        and consistent with the standards for board membership set 
        forth in this section.
            (4) Should such Agency not fill all open board positions 
        from among the initially listed candidates, it shall ask each 
        of the Thoroughbred industry representatives to submit an 
        additional list of two persons from which the Agency may fill 
        the then remaining open board positions.
            (5) Should such Agency choose not to fill any of the then 
        remaining open board positions from the second set of candidate 
        lists, it may choose one or more persons at large with 
        substantial experience in the Thoroughbred industry as board 
        members.
    (c) Conflicts of Interest.--To avoid any conflict of interest, no 
nominee or board member shall be--
            (1) an individual who has a financial interest in or 
        provides goods or services to covered horses;
            (2) an official, officer, or serve in any governance or 
        policymaking capacity for any Thoroughbred industry 
        representative; or
            (3) an employee or have a business or commercial 
        relationship with any of the individuals or organizations 
        described in paragraphs (1) or (2).
    (d) Terms; Vacancies.--The terms of board members shall be three 
years and shall be staggered so that the terms of no more than four 
board members expire in any year. Board members may serve for no more 
than two consecutive full terms. Vacancies among board positions held 
by Thoroughbred industry candidates shall be filled pursuant to the 
provisions of subsection (b) and any other vacancies will be filled 
pursuant to the provisions of the Authority's bylaws.
    (e) Standing Committees.--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, customers, and jockeys. 
The Authority shall designate a representative of the medication and 
regulatory experts groups to a standing advisory and technical 
committee on permitted and prohibited substances and methods. The 
committees will assist the Authority in establishing and administering 
the Thoroughbred horseracing anti-doping program.
    (f) Reports to Congress.--Following the third anniversary of the 
date on which the anti-doping program identified in section 7(a) takes 
effect, and every four years thereafter, the Comptroller General of the 
United States shall analyze the Authority's operations and provide to 
Congress a report regarding the performance of the Authority, limited 
to the Authority's effectiveness as an anti-doping organization and the 
efficiency of such anti-doping program.

SEC. 6. AUTHORITY AND POWERS OF THOROUGHBRED HORSERACING ANTI-DOPING 
              AUTHORITY.

    (a) In General.--The Authority, after notice to and with 
appropriate opportunity for comment from Thoroughbred industry 
representatives and the public, shall develop and administer the 
Thoroughbred horseracing anti-doping program for covered horses, 
covered persons, and covered horseraces. The Thoroughbred horseracing 
anti-doping program shall include--
            (1) lists of permitted and prohibited substances and 
        methods;
            (2) a schedule of sanctions for violations;
            (3) programs relating to anti-doping research and 
        education;
            (4) testing procedures, standards, and protocols for both 
        in-competition and out-of-competition testing;
            (5) procedures for investigating, charging, and 
        adjudicating violations and for the enforcement of sanctions 
        for violations; and
            (6) laboratory standards for accreditation and testing 
        requirements, procedures, and protocols.
    (b) Covered Horses and Persons.--The Thoroughbred horseracing anti-
doping program developed pursuant to subsection (a) shall apply to all 
covered horses, covered persons, and covered horseraces. 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 Thoroughbred horseracing anti-doping program 
developed pursuant to subsection (a).
    (c) Limitation of Authority.--The jurisdiction and authority of the 
Authority shall be prospective only. It shall have no authority or 
responsibility to investigate, prosecute, adjudicate or penalize 
conduct occurring prior to the effective date of its Thoroughbred 
horseracing anti-doping program as set forth in section 7. State racing 
commissions shall retain authority over such matters until the final 
resolution of any resulting charges.

SEC. 7. OUTLINE OF THE THOROUGHBRED HORSERACING ANTI-DOPING PROGRAM.

    (a) In General.--The Thoroughbred horseracing anti-doping program 
shall take into consideration international anti-doping standards, 
including the World Anti-Doping Code and the Principles of Veterinary 
Medical Ethics of the American Veterinary Medical Association, that 
could be applicable to the Thoroughbred horseracing anti-doping program 
and shall take effect upon January 1, 2017. The Thoroughbred 
horseracing anti-doping program shall be updated from time to time and 
shall include--
            (1) a uniform set of anti-doping rules;
            (2) a list of permitted and prohibited substances and 
        methods;
            (3) a process for sample collection and analysis and test 
        distribution;
            (4) programs for in-competition and out-of-competition 
        testing (including no-advance-notice testing and mandatory 
        reporting of each horse's location for testing);
            (5) investigations related to anti-doping rule violations;
            (6) management of violation results;
            (7) laboratory accreditation; and
            (8) disciplinary hearings, which may include binding 
        arbitration, sanctions, research and education.
    (b) Lists of Prohibited Substances and Methods.--
            (1) In general.--The Authority shall develop, maintain, and 
        publish lists of permitted and prohibited substances and 
        methods. The initial list of prohibited substances and methods 
        developed by the Authority, which shall be in effect until 
        amended by the Authority, shall include any substance or method 
        that is included on either--
                    (A) class 1, 2, 3, and 4 drugs, medications and 
                substances in the Uniform Classification Guidelines for 
                Foreign Substances of the Association of Racing 
                Commissioners International, Version 9.0, revised April 
                2015, or
                    (B) the 2015 Prohibited List, International 
                Standard, of the World Anti-Doping Code,
        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 Therapeutic 
        Medication Schedule for Horses, Version 2.2.
            (2) Deadlines.--The lists of permitted and prohibited 
        substances and methods effective as of January 1, 2017, 
        including all modifications to the initial lists, shall be 
        developed and published by the Authority not later than 120 
        days prior to the effective date of the Thoroughbred 
        horseracing anti-doping program as set forth in subsection (a).
            (3) Periodic review.--The inclusion of permitted or 
        prohibited substances or methods on the lists shall be subject 
        to periodic review by the Authority for modification, 
        substitution, addition to or deletion from the lists. The 
        Authority shall also establish a notice, consultation, and 
        comment process, involving Thoroughbred industry 
        representatives and the public, in connection with modifying, 
        substituting, adding or deleting permitted and prohibited 
        substances and methods from the lists.
    (c) Anti-Doping Rule Violations.--The Authority, after notice to 
and with appropriate opportunity for comment from Thoroughbred industry 
representatives and the public, shall establish a list of anti-doping 
rule violations applicable to either horses or covered persons 
including--
            (1) 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;
            (2) attempted use of a prohibited substance or method;
            (3) possession of any prohibited substance or method;
            (4) attempted possession of any prohibited substance or 
        method;
            (5) administration or attempted administration of any 
        prohibited substance or method;
            (6) refusing or failing without compelling justification to 
        submit a horse for sample collection;
            (7) tampering or attempted tampering with any part of 
        doping control; and
            (8) trafficking or attempted trafficking in any prohibited 
        substance or method and complicity in any anti-doping rule 
        violation.
    (d) Testing Laboratories.--Not later than 120 days prior to the 
effective date of the Thoroughbred horseracing anti-doping program as 
set forth in subsection (a), the Authority shall establish standards of 
accreditation for laboratories involved in the testing of samples taken 
from Thoroughbred horses, the process for achieving and maintaining 
accreditation, and the standards and protocols for testing of samples. 
The Authority may, in its sole discretion, extend provisional or 
interim accreditation to laboratories accredited by the Racing 
Medication and Testing Consortium, Inc. Each State racing commission 
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 organization.
    (e) Results Management and Disciplinary Process.--Not later than 
120 days prior to the effective date of this Act, the Authority, after 
notice to and with appropriate opportunity for comment from 
Thoroughbred industry representatives and the public, shall establish 
rules for anti-doping results management and the disciplinary process 
for anti-doping rule violation results management including, provisions 
for notification of anti-doping rule violations, hearing procedures, 
burden of proof, presumptions, evidentiary rules, appeals and 
guidelines for confidentiality and public reporting of decisions. Such 
rules shall provide adequate due process, including impartial hearing 
officers or tribunals commensurate with the seriousness of the alleged 
anti-doping rule violation and the possible sanctions for such 
violation.
    (f) Sanctions.--The Authority, after notice to and with appropriate 
opportunity for comment from Thoroughbred industry representatives and 
the public, shall establish uniform rules imposing sanctions against 
covered persons and/or covered horses for anti-doping rule violations. 
The sanctioning rules shall take into account the unique aspects of 
Thoroughbred horseracing, and shall be designed to ensure fair and 
transparent Thoroughbred horseraces and deter the commission of anti-
doping rule violations. The rules shall impose sanctions up to and 
including a lifetime ban from horseracing and shall include 
opportunities for anti-doping 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.

SEC. 8. 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) Thoroughbred horseracing matters unrelated to anti-
        doping as addressed in this Act; or
            (4) the use of medication in human participants in covered 
        races.

SEC. 9. STATE DELEGATION; DUTY OF COOPERATION.

            (1) 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 
        Thoroughbred horseracing anti-doping program established by the 
        Authority if the Authority determines, in its sole discretion, 
        that a particular State racing commission will be able to 
        implement a component of the Thoroughbred horseracing anti-
        doping program in accordance with the standards and 
        requirements established by the Authority. Any such agreement 
        shall remain in effect as long as the Authority, in its sole 
        discretion, 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.
            (2) Where conduct by any person subject to the Thoroughbred 
        horseracing anti-doping program may involve both an anti-doping 
        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. 10. 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. 11. EFFECTIVE DATE.

    The Thoroughbred horseracing anti-doping program established by 
this Act shall take effect on January 1, 2017. 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 Thoroughbred horseracing 
anti-doping program established in accordance with in this Act.

SEC. 12. FUNDING.

    Nothing in this Act requires the United States Government to 
provide funding for or to guarantee the debts of the Authority. The 
funds necessary for the establishment and administration of the 
Thoroughbred horseracing anti-doping program shall be paid entirely by 
the Thoroughbred horseracing industry in accordance with the following 
provisions:
            (1) 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; the Authority is empowered to borrow money and to 
        accept private donations and contributions toward the funding 
        of its operations.
            (2) By November 1, 2016, and prior to 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 Thoroughbred horseracing anti-doping 
        program for the coming year and to liquidate any loans or 
        funding shortfall in the current year and any prior years. Such 
        amount shall be based upon the annual budget of the Authority 
        for the succeeding year, as approved by the Authority's board 
        of directors. The Authority's initial budget shall require the 
        approval of two-thirds of its board of directors and any 
        subsequent budget that exceeds the preceding year's budget by 
        more than 5 percent shall also require the approval of two-
        thirds of the Authority's board of directors.
            (3) On or before the 20th day of each calendar month, each 
        State racing commission shall remit to the Authority an amount 
        equal to the applicable fee per racing start multiplied by the 
        number of racing starts in the State in the previous month.
            (4) 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, provided that in no event shall the funds be 
        obtained by means of an increase in the takeout.
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