[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1754 Reported in House (RH)]
<DOC>
Union Calendar No. 454
116th CONGRESS
2d Session
H. R. 1754
[Report No. 116-554]
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
September 29, 2020
Additional sponsors: Ms. Judy Chu of California, Ms. Brownley of
California, Mr. Grijalva, Mr. Cicilline, Mr. Engel, Mr. Hastings, Mr.
Brindisi, Mr. Budd, Mr. Brendan F. Boyle of Pennsylvania, Mr. Heck, Mr.
Crist, Mr. Lowenthal, Mrs. Carolyn B. Maloney of New York, Mr. Byrne,
Mr. Price of North Carolina, Mr. Espaillat, Mr. Johnson of Georgia,
Mrs. Napolitano, Ms. Dean, Mrs. Lowey, Mr. Ruppersberger, Mrs. Demings,
Mr. Pocan, Ms. DelBene, Mr. Carbajal, Mr. Malinowski, Ms. Velazquez,
Ms. Wasserman Schultz, Mrs. Radewagen, Mr. Soto, Ms. Meng, Ms. Kaptur,
Mr. Thompson of California, Mr. DeFazio, Mr. Himes, Mr. Schneider, Mr.
Upton, Mr. Calvert, Mr. Clay, Mr. Beyer, Mr. Langevin, Ms. Stefanik,
Mr. Cartwright, Ms. Wild, Mr. Hunter, Ms. Bonamici, Ms. Clarke of New
York, Mr. Higgins of New York, Mr. Jeffries, Ms. Clark of
Massachusetts, Ms. Matsui, Mr. Connolly, Mr. Serrano, Mr. King of New
York, Ms. Eshoo, Ms. Speier, Ms. Lee of California, Mr. Reed, Mr.
Trone, Mr. Lipinski, Mr. Deutch, Ms. Norton, Mrs. Bustos, Ms. Mucarsel-
Powell, Mr. Payne, Ms. Scanlon, Mr. Khanna, Ms. Haaland, Mrs. Brooks of
Indiana, Mr. Harder of California, Mr. Gaetz, Mr. Raskin, Ms. Jayapal,
Mr. Cummings, Mr. Doggett, Mr. Sherman, Mr. Estes, Ms. Slotkin, Mr.
Rouda, Mr. Gomez, Mr. Panetta, Mr. Correa, Ms. Underwood, Mr. Yoho, Mr.
Rouzer, Mr. Quigley, Mr. Levin of Michigan, Mr. Cox of California, Mr.
Zeldin, Mrs. Davis of California, Mr. Cisneros, Mrs. Axne, Mr. Kim, Mr.
Crow, Mr. McGovern, Mr. Neguse, Ms. Roybal-Allard, Ms. Torres Small of
New Mexico, Mrs. McBath, Ms. Frankel, Mr. Lawson of Florida, Ms.
Porter, Mr. Carson of Indiana, Mr. Lamb, Mr. Morelle, Mr. Stauber, Mr.
Fitzpatrick, Mr. Bilirakis, Mr. Bera, Mr. Swalwell of California, Mr.
Smith of Washington, Mr. Waltz, Ms. Sanchez, Mr. McNerney, Ms. Craig,
Mr. Harris, Ms. Barragan, Mr. Meuser, Mr. Brown of Maryland, Mr.
Davidson of Ohio, Mr. Posey, Mrs. Lawrence, Mr. Rooney of Florida, Mrs.
Watson Coleman, Ms. Shalala, Mr. Schweikert, Mr. Neal, Mr. DeSaulnier,
Ms. Houlahan, Mr. Peters, Mrs. Fletcher, Mr. Larsen of Washington, Ms.
Kuster of New Hampshire, Mr. Michael F. Doyle of Pennsylvania, Ms.
Escobar, Mr. Nadler, Mr. Steube, Mr. Pappas, Mrs. Torres of California,
Ms. Sherrill, Mr. Delgado, Mr. Rush, Mr. Sarbanes, Mr. Garcia of
Illinois, Mr. Tipton, Mrs. Hayes, Ms. McCollum, Mr. Lewis, Mr.
Courtney, Ms. Wexton, Mr. Green of Texas, Mrs. Murphy of Florida, Mr.
Smith of New Jersey, Ms. Stevens, Mr. Bishop of Georgia, Mr. Pascrell,
Mr. Sires, Mr. Norcross, Mr. Steil, Mr. Takano, Mr. Allred, Mr.
McAdams, Mr. Lujan, Mr. Lynch, Mrs. Luria, Mr. Kind, Ms. Bass, Mr.
Larson of Connecticut, Mrs. Beatty, Ms. Schrier, Mr. Casten of
Illinois, Ms. Tlaib, Mrs. Miller, Ms. DeGette, Mr. Foster, Mr. Levin of
California, Mr. McEachin, Ms. Jackson Lee, Mr. Gottheimer, Ms. Pingree,
Mr. Vargas, Ms. Wilson of Florida, Ms. Pressley, Ms. Adams, Mr. Ruiz,
Ms. Fudge, Mr. Rose of New York, Mr. Keating, Mrs. Dingell, Mr.
Huffman, Mr. Hudson, Mr. Sablan, Mr. Cunningham, Mr. Aguilar, Ms.
Finkenauer, Mrs. Trahan, Mr. David Scott of Georgia, Mr. Keller, Mr.
Curtis, Mr. Kennedy, Mr. Kildee, Mr. Gooden, Mr. Cleaver, Mr. Danny K.
Davis of Illinois, Mr. Loebsack, Ms. Moore, Mr. Perlmutter, Ms. Waters,
Mr. Butterfield, Mr. Cooper, Ms. Davids of Kansas, Mr. Buck, Mr.
Veasey, Mr. Stanton, Mr. Richmond, Mr. Comer, Mr. McHenry, Mr.
Garamendi, Ms. Garcia of Texas, Mr. Gallego, Ms. Omar, Mr. Case, Mr.
Perry, Mr. Peterson, Mrs. Lee of Nevada, Mr. Graves of Georgia, Mr.
Murphy of North Carolina, Mr. Garcia of California, Mr. Castro of
Texas, Mr. Rogers of Kentucky, Mr. Yarmuth, Mr. Guthrie, Mrs.
Kirkpatrick, and Ms. Plaskett
September 29, 2020
Reported with an amendment; committed to the Committee of the Whole
House on the State of the Union and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on March
14, 2019]
_______________________________________________________________________
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 and Safety Act
of 2020''.
SEC. 2. DEFINITIONS.
In this Act the following definitions apply:
(1) Authority.--The term ``Authority'' means the
Horseracing Integrity and Safety Authority designated by
section 3(a).
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Covered horse.--The term ``covered horse'' means any
Thoroughbred horse, or any other horse made subject to this Act
by election of the applicable State racing commission or the
breed governing organization for such horse under section 5(k),
during the period--
(A) beginning on the date of the horse's first
timed and reported workout at a racetrack that
participates in covered horseraces or at a training
facility; and
(B) ending on the date on which the Authority
receives written notice that the horse has been
retired.
(4) Covered horserace.--The term ``covered horserace''
means any horserace involving covered horses that has a
substantial relation to interstate commerce, including any
Thoroughbred horserace that is the subject of interstate off-
track or advance deposit wagers.
(5) Covered persons.--The term ``covered persons'' means
all trainers, owners, breeders, jockeys, racetracks,
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, owners and breeders,
trainers, racetracks, veterinarians, State racing commissions,
and jockeys who are engaged in the care, training, or racing of
covered horses.
(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 anti-doping and medication program
established under section 6(a).
(9) Immediate family member.--The term ``immediate family
member'' shall include a spouse, domestic partner, mother,
father, aunt, uncle, sibling, or child.
(10) 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).
(11) Jockey.--The term ``jockey'' means a rider or driver
of a covered horse in covered horseraces.
(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) Program effective date.--The term ``program effective
date'' means the earlier of--
(A) January 1 of the second year after the date of
the enactment of this Act; or
(B) the date that is 540 days after such date of
enactment.
(14) Racetrack.--The term ``racetrack'' means an
organization licensed by a State racing commission to conduct
covered horseraces.
(15) Racetrack safety program.--The term ``racetrack safety
program'' means the program established under section 7(a).
(16) Stakes race.--The term ``stakes race'' means any race
so designated by the racetrack at which such race is run,
including, without limitation, the races comprising the
Breeders' Cup World Championships and the races designated as
graded stakes by the American Graded Stakes Committee of the
Thoroughbred Owners and Breeders Association.
(17) State racing commission.--The term ``State racing
commission'' means an entity designated by State law or
regulation that has jurisdiction over the conduct of
horseracing within the applicable State.
(18) Trainer.--The term ``trainer'' means an individual
engaged in the training of covered horses.
(19) Training facility.--The term ``training facility''
means a location that is not a racetrack licensed by a State
racing commission that operates primarily to house covered
horses and conduct official timed workouts.
(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 its first qualifying race, if such race is made subject
to this Act by election under section 5(k) of the horse's breed
governing organization or the applicable State racing
commission.
SEC. 3. RECOGNITION OF THE HORSERACING INTEGRITY AND SAFETY AUTHORITY.
(a) In General.--The private, independent, self-regulatory,
nonprofit corporation, to be known as the ``Horseracing Integrity and
Safety Authority'', is recognized for purposes of developing and
implementing a horseracing anti-doping and medication control program
and a racetrack safety program for covered horses, covered persons, and
covered horseraces.
(b) Board of Directors.--
(1) Membership.--The Authority shall be governed by a board
of directors (in this section referred to as the ``Board'')
comprised of nine members as follows:
(A) Independent members.--Five members of the Board
shall be independent members selected from outside the
equine industry.
(B) Industry members.--
(i) In general.--Four members of the Board
shall be industry members selected from among
the various equine constituencies.
(ii) Representation of equine
constituencies.--The industry members shall be
representative of the various equine
constituencies, and shall include not more than
one industry member from any one equine
constituency.
(2) Chair.--The chair of the Board shall be an independent
member described in paragraph (1)(A).
(3) Bylaws.--The Board of the Authority shall be governed
by bylaws for the operation of the Authority with respect to--
(A) the administrative structure and employees of
the Authority;
(B) the establishment of standing committees;
(C) the procedures for filling vacancies on the
Board and the standing committees;
(D) term limits for members and termination of
membership; and
(E) any other matter the Board considers necessary.
(c) Standing Committees.--
(1) Anti-doping and medication control standing
committee.--
(A) In general.--The Authority shall establish an
anti-doping and medication control standing committee,
which shall provide advice and guidance to the Board on
the development and maintenance of the horseracing
anti-doping and medication control program.
(B) Membership.--The anti-doping and medication
control standing committee shall be comprised of seven
members as follows:
(i) Independent members.--A majority of the
members shall be independent members selected
from outside the equine industry.
(ii) Industry members.--A minority of the
members shall be industry members selected to
represent the various equine constituencies,
and shall include not more than one industry
member from any one equine constituency.
(iii) Qualification.--A majority of
individuals selected to serve on the anti-
doping and medication control standing
committee shall have significant, recent
experience in anti-doping and medication
control rules.
(C) Chair.--The chair of the anti-doping and
medication control standing committee shall be an
independent member of the Board described in subsection
(b)(1)(A).
(2) Racetrack safety standing committee.--
(A) In general.--The Authority shall establish a
racetrack safety standing committee, which shall
provide advice and guidance to the Board on the
development and maintenance of the racetrack safety
program.
(B) Membership.--The racetrack safety standing
committee shall be comprised of seven members as
follows:
(i) Independent members.--A majority of the
members shall be independent members selected
from outside the equine industry.
(ii) Industry members.--A minority of the
members shall be industry members selected to
represent the various equine constituencies.
(C) Chair.--The chair of the racetrack safety
standing committee shall be an industry member of the
Board described in subsection (b)(1)(B).
(d) Nominating Committee.--
(1) Membership.--
(A) In general.--The nominating committee of the
Authority shall be comprised of seven independent
members selected from business, sports, and academia.
(B) Initial membership.--The initial nominating
committee members shall be set forth in the governing
corporate documents of the Authority.
(C) Vacancies.--After the initial committee members
are appointed in accordance with subparagraph (B),
vacancies shall be filled by the Board pursuant to
rules established by the Authority.
(2) Chair.--The chair of the nominating committee shall be
selected by the nominating committee from among the members of
the nominating committee.
(3) Selection of members of the board and standing
committees.--
(A) Initial members.--The nominating committee
shall select the initial members of the Board and the
standing committees described in subsection (c).
(B) Subsequent members.-- The nominating committee
shall recommend individuals to fill any vacancy on the
Board or on such standing committees.
(e) Conflicts of Interest.--To avoid conflicts of interest, the
following individuals may not be selected as a member of the Board or
as an independent member of a nominating or standing committee under
this section:
(1) An individual who has a financial interest in, or
provides goods or services to, covered horses.
(2) An official or officer--
(A) of an equine industry representative; or
(B) who serves in a governance or policymaking
capacity for an equine industry representative.
(3) An employee of, or an individual who has a business or
commercial relationship with, an individual described in
paragraph (1) or (2).
(4) An immediate family member of an individual described
in paragraph (1) or (2).
(f) Funding.--
(1) Initial funding.--
(A) In general.--Initial funding to establish the
Authority and underwrite its operations before the
program effective date shall be provided by loans
obtained by the Authority.
(B) Borrowing.--The Authority may borrow funds
toward the funding of its operations.
(C) Annual calculation of amounts required.--
(i) In general.--Not later than the date
that is 90 days before the program effective
date, and not later than November 1 each year
thereafter, the Authority shall determine and
provide to each State racing commission the
estimated amount required from the State--
(I) to fund the State's
proportionate share of the horseracing
anti-doping and medication control
program and the racetrack safety
program for the next calendar year; and
(II) to liquidate the State's
proportionate share of any loan or
funding shortfall in the current
calendar year and any previous calendar
year.
(ii) Basis of calculation.--The amounts
calculated under clause (i) shall--
(I) be based on--
(aa) the annual budget of
the Authority for the following
calendar year, as approved by
the Board; and
(bb) the projected amount
of covered racing starts for
the year in each State; and
(II) take into account other
sources of Authority revenue.
(iii) Requirements regarding budgets of
authority.--
(I) Initial budget.--The initial
budget of the Authority shall require
the approval of \2/3\ of the Board.
(II) Subsequent budgets.--Any
subsequent budget that exceeds the
budget of the preceding calendar year
by more than 5 percent shall require
the approval of \2/3\ of the Board.
(iv) Rate increases.--
(I) In general.--A proposed
increase in the amount required under
this subparagraph shall be reported to
the Commission.
(II) Notice and comment.--The
Commission shall publish in the Federal
Register such a proposed increase and
provide an opportunity for public
comment.
(2) Assessment and collection of fees by states.--
(A) Notice of election.--Any State racing
commission that elects to remit fees pursuant to this
subsection shall notify the Authority of such election
not later than 60 days before the program effective
date.
(B) Requirement to remit fees.--After a State
racing commission makes a notification under
subparagraph (A), the election shall remain in effect
and the State racing commission shall be required to
remit fees pursuant to this subsection according to a
schedule established in rule developed by the Authority
and approved by the Commission.
(C) Withdrawal of election.--A State racing
commission may cease remitting fees under this
subsection not earlier than one year after notifying
the Authority of the intent of the State racing
commission to do so.
(D) Determination of methods.--Each State racing
commission shall determine, subject to the applicable
laws, regulations, and contracts of the State, the
method by which the requisite amount of fees, such as
foal registration fees, sales contributions, starter
fees, and track fees, and other fees on covered
persons, shall be allocated, assessed, and collected.
(3) Assessment and collection of fees by the authority.--
(A) Calculation.--If a State racing commission does
not elect to remit fees pursuant to paragraph (2) or
withdraws its election under such paragraph, the
Authority shall, not less frequently than monthly,
calculate the applicable fee per racing start
multiplied by the number of racing starts in the State
during the preceding month.
(B) Allocation.--The Authority shall allocate
equitably the amount calculated under subparagraph (A)
collected among covered persons involved with covered
horseraces pursuant to such rules as the Authority may
promulgate.
(C) Assessment and collection.--
(i) In general.--The Authority shall assess
a fee equal to the allocation made under
subparagraph (B) and shall collect such fee
according to such rules as the Authority may
promulgate.
(ii) Remittance of fees.--Covered persons
described in subparagraph (B) shall be required
to remit such fees to the Authority.
(D) Limitation.--A State racing commission that
does not elect to remit fees pursuant to paragraph (2)
or that withdraws its election under such paragraph
shall not impose or collect from any person a fee or
tax relating to anti-doping and medication control or
racetrack safety matters for covered horseraces.
(4) Fees and fines.--Fees and fines imposed by the
Authority shall be allocated toward funding of the Authority
and its activities.
(5) Rule of construction.--Nothing in this Act shall be
construed to require--
(A) the appropriation of any amount to the
Authority; or
(B) the Federal Government to guarantee the debts
of the Authority.
(g) Quorum.--For all items where Board approval is required, the
Authority shall have present a majority of independent members.
SEC. 4. FEDERAL TRADE COMMISSION OVERSIGHT.
(a) In General.--The Authority shall submit to the Commission, in
accordance with such rules as the Commission 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 medications,
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 maintenance;
(5) racetrack safety standards and protocols;
(6) a program for injury and fatality data analysis;
(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 comment.
(2) Approval required.--A proposed rule, or a proposed
modification to a rule, of the Authority shall not take effect
unless the proposed rule or modification has been approved by
the Commission.
(c) Decision on Proposed Rule or Modification to a Rule.--
(1) In general.--Not later than 60 days after the date on
which a proposed rule or modification is published in the
Federal Register, the Commission shall approve or disapprove
the proposed rule or modification.
(2) Conditions.--The Commission shall approve a proposed
rule or modification if the Commission finds that the proposed
rule or modification is consistent with--
(A) this Act; and
(B) applicable rules approved by the Commission.
(3) Revision of proposed rule or modification.--
(A) In general.--In the case of disapproval of a
proposed rule or modification under this subsection,
not later than 30 days after the issuance of the
disapproval, the Commission shall make recommendations
to the Authority to modify the proposed rule or
modification.
(B) Resubmission.--The Authority may resubmit for
approval by the Commission a proposed rule or
modification that incorporates the modifications
recommended under subparagraph (A).
(d) Proposed Standards and Procedures.--
(1) In general.--The Authority shall submit to the
Commission any proposed rule, standard, or procedure 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 proposed rule, standard, or
procedure and provide an opportunity for public comment.
(e) Interim Final Rules.--The Commission may adopt an interim final
rule, to take effect immediately, under conditions specified in section
553(b)(B) of title 5, United States Code, if the Commission finds that
such a rule is necessary to protect--
(1) the health and safety of covered horses; or
(2) the integrity of covered horseraces and wagering on
those horseraces.
SEC. 5. JURISDICTION OF THE COMMISSION AND THE HORSERACING INTEGRITY
AND SAFETY AUTHORITY.
(a) In General.--Beginning on the program effective date, the
Commission, the Authority, and the anti-doping and medication control
enforcement agency, each within the scope of their powers and
responsibilities under this Act, as limited by subsection (j), shall--
(1) implement and enforce the horseracing anti-doping and
medication control program and the racetrack safety program;
(2) exercise independent and exclusive national authority
over--
(A) the safety, welfare, and integrity of covered
horses, covered persons, and covered horseraces; and
(B) all horseracing safety, performance, and anti-
doping and medication control matters for covered
horses, covered persons, and covered horseraces; and
(3) have safety, performance, and anti-doping and
medication control authority over covered persons similar to
such authority of the State racing commissions before the
program effective date.
(b) Preemption.--The rules of the Authority promulgated in
accordance with this Act shall preempt any provision of State law or
regulation with respect to matters within the jurisdiction of the
Authority under this Act, as limited by subsection (j). Nothing
contained in this Act shall be construed to limit the authority of the
Commission under any other provision of law.
(c) Duties.--
(1) In general.--The Authority--
(A) shall develop uniform procedures and rules
authorizing--
(i) access to offices, racetrack
facilities, other places of business, books,
records, and personal property of covered
persons that are used in the care, treatment,
training, and racing of covered horses;
(ii) issuance and enforcement of subpoenas
and subpoenas duces tecum; and
(iii) other investigatory powers of the
nature and scope exercised by State racing
commissions before the program effective date;
and
(B) with respect to an unfair or deceptive act or
practice described in section 10, may recommend that
the Commission commence an enforcement action.
(2) Approval of commission.--The procedures and rules
developed under paragraph (1)(A) shall be subject to approval
by the Commission in accordance with section 4.
(d) Registration of Covered Persons With Authority.--
(1) In general.--As a condition of participating in covered
races and in the care, ownership, treatment, and training of
covered horses, a covered person shall register with the
Authority in accordance with rules promulgated by the Authority
and approved by the Commission in accordance with section 4.
(2) Agreement with respect to authority rules, standards,
and procedures.--Registration under this subsection shall
include an agreement by the covered person to be subject to and
comply with the rules, standards, and procedures developed and
approved under subsection (c).
(3) Cooperation.--A covered person registered under this
subsection shall, at all times--
(A) cooperate with the Commission, the Authority,
the anti-doping and medication control enforcement
agency, and any respective designee, during any civil
investigation; and
(B) respond truthfully and completely to the best
of the knowledge of the covered person if questioned by
the Commission, the Authority, the anti-doping and
medication control enforcement agency, or any
respective designee.
(4) Failure to comply.--Any failure of a covered person to
comply with this subsection shall be a violation of section
8(a)(2)(G).
(e) Enforcement of Programs.--
(1) Anti-doping and medication control enforcement
agency.--
(A) Agreement with usada.--The Authority shall seek
to enter into an agreement with the United States Anti-
Doping Agency under which the Agency acts as the anti-
doping and medication control enforcement agency under
this Act for services consistent with the horseracing
anti-doping and medication control program.
(B) Agreement with other entity.--If the Authority
and the United States Anti-Doping Agency are unable to
enter into the agreement described in subparagraph (A),
the Authority shall enter into an agreement with an
entity that is nationally recognized as being a
medication regulation agency equal in qualification to
the United States Anti-Doping Agency 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, effective best practices for
anti-doping and medication control and enforcement on
commercially reasonable terms.
(D) Elements of agreement.--Any agreement under
this paragraph shall include a description of the scope
of work, performance metrics, reporting obligations,
and budgets of the United States Anti-Doping Agency
while acting as the anti-doping and medication control
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 Authority considers
appropriate.
(E) Duties and powers of enforcement agency.--The
anti-doping and medication control enforcement agency
under an agreement under this paragraph shall--
(i) serve as the independent anti-doping
and medication control enforcement organization
for covered horses, covered persons, and
covered horseraces, implementing the anti-
doping and medication control program on behalf
of the Authority;
(ii) ensure that covered horses and covered
persons are deterred from using or
administering medications, substances, and
methods in violation of the rules established
in accordance with this Act;
(iii) implement anti-doping education,
research, testing, compliance and adjudication
programs designed to prevent covered persons
and covered horses from using or administering
medications, substances, and methods in
violation of the rules established in
accordance with this Act;
(iv) exercise the powers specified in
section 6(c)(4) in accordance with that
section; and
(v) implement and undertake any other
responsibilities specified in the agreement.
(F) Term and extension.--
(i) Term of initial agreement.--The initial
agreement entered into by the Authority under
this paragraph shall be in effect for the 5-
year period beginning on the program effective
date.
(ii) Extension.--At the end of the 5-year
period described in clause (i), the Authority
may--
(I) extend the term of the initial
agreement under this paragraph for such
additional term as is provided by the
rules of the Authority and consistent
with this Act; or
(II) enter into an agreement
meeting the requirements of this
paragraph with an entity described by
subparagraph (B) for such term as is
provided by such rules and consistent
with this Act.
(2) Agreements for enforcement by state racing
commissions.--
(A) State racing commissions.--
(i) Racetrack safety program.--The
Authority may enter into agreements with State
racing 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 racing 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
appropriate.
(3) Enforcement of standards.--The Authority may coordinate
with State racing commissions 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 Authority.--
(1) Anti-doping and medication control.--
(A) In general.--Recommendations for rules
regarding anti-doping and medication control shall be
developed in accordance with section 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 developed by the racetrack safety
standing committee of the Authority
(g) Subpoena and Investigatory Authority.--The Authority shall have
subpoena and investigatory authority with respect to civil violations
committed under its jurisdiction.
(h) 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.
(i) Civil Actions.--
(1) In general.--In addition to civil sanctions imposed
under section 8, the Authority may commence a civil action
against a covered person or racetrack that has engaged, is
engaged, or is about to engage, in acts or practices
constituting a violation of this Act or any rule established
under this Act in the proper district court of the United
States, the United States District Court for the District of
Columbia, or the United States courts of any territory or other
place subject to the jurisdiction of the United States, to
enjoin such acts or practices, to enforce any civil sanctions
imposed under that section, and for all other relief to which
the Authority may be entitled.
(2) Injunctions and restraining orders.--With respect to a
civil action commenced under paragraph (1), upon a proper
showing, a permanent or temporary injunction or restraining
order shall be granted without bond.
(j) Limitations on Authority.--
(1) Prospective application.--The jurisdiction and
authority of the Authority and the Commission with respect to
the horseracing anti-doping and medication control program and
the racetrack safety program shall be prospective only.
(2) Previous matters.--
(A) In general.--The Authority and the Commission
may not investigate, prosecute, adjudicate, 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 respect to
conduct described in subparagraph (A), the applicable
State racing commission shall retain authority until
the final resolution of the matter.
(3) Other laws unaffected.--This Act shall not be 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
relating to criminal conduct, cruelty to animals, matters
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.
(k) Election for Other Breed Coverage Under Act.--
(1) In general.--A State racing commission or a breed
governing organization for a breed of horses other than
Thoroughbred horses may elect to have such breed be covered by
this Act by the filing of a designated election form and
subsequent approval by the Authority. A State racing 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 mechanism to provide sufficient funds to cover the
costs of the administration of this Act with respect to the
horses that will be covered by this Act as a result of the
election.
(3) Apportionment.--The Authority shall apportion costs
described in paragraph (2) in connection with an election under
paragraph (1) fairly among all impacted segments of the
horseracing industry, subject to approval by the Commission in
accordance with section 4. Such apportionment may not provide
for the allocation of costs or funds among breeds of horses.
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 medication control program with
respect to a breed of horse that is made subject to this Act by
election of a State racing commission or the breed governing
organization for such horse under section 5(k), the Authority
shall consider the unique characteristics of such breed.
(b) Considerations in Development of Program.--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, 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, consideration
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 identifies an issue requiring treatment for
which the medication or method represents an appropriate
component of treatment.
(6) The amount of therapeutic medication that a covered
horse receives should be the minimum necessary to address the
diagnosed health concerns identified during the 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 regarding the
administration of medications and treatments to covered horses.
(c) Activities.--The following activities shall be carried out
under the horseracing anti-doping and medication control program:
(1) Standards for anti-doping and medication 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 allowable limits of
permitted medications, substances, and methods.
(2) Review process for administration of medication.--The
development of a review process for the administration of any
medication to a covered horse during the 48-hour period
preceding the next racing start of the covered horse.
(3) Agreement requirements.--The development of
requirements with respect to agreements under section 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 enforcement agency under
section 5(e) shall, in consultation with the anti-
doping and medication control standing committee of the
Authority and consistent with international best
practices, develop and recommend anti-doping and
medication control rules, protocols, policies, and
guidelines for approval by the Authority.
(B) Results management.--The anti-doping and
medication control enforcement agency shall conduct and
oversee anti-doping and medication control results
management, including 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 medication
control enforcement agency under this subparagraph
shall be the final decision or civil sanction of the
Authority, subject to review in accordance with section
9.
(C) Testing.--The anti-doping enforcement agency
shall perform and manage test distribution planning
(including intelligence-based testing), the sample
collection process, and in-competition and out-of-
competition testing (including no-advance-notice
testing).
(D) Testing laboratories.--The anti-doping and
medication control enforcement agency shall accredit
testing laboratories based upon the standards
established under this Act, and shall monitor, test,
and audit accredited laboratories to ensure continuing
compliance with accreditation standards.
(5) Anti-doping and medication control standing
committee.--The anti-doping and medication control standing
committee shall, in consultation with the anti-doping and
medication control enforcement agency, develop lists of
permitted and prohibited 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 subsections (e) and (f),
the horseracing anti-doping and medication control program shall
prohibit the administration of any prohibited or otherwise permitted
substance to a covered horse within 48 hours of its next racing start,
effective as of the program effective date.
(e) Advisory Committee Study and Report.--
(1) In general.--Not later than the program effective date,
the Authority shall convene an advisory committee comprised of
horseracing anti-doping and medication control industry
experts, including a member designated by the anti-doping and
medication control enforcement agency, to conduct a study on
the use of furosemide on horses during the 48-hour period
before the start of a race, including the effect of furosemide
on equine health and the integrity of competition and any other
matter the Authority considers appropriate.
(2) Report.--Not later than three years after the program
effective date, the Authority shall direct the advisory
committee convened under paragraph (1) to submit to the
Authority a written report on the study conducted under that
paragraph that includes recommended changes, if any, to the
prohibition in subsection (d).
(3) Modification of prohibition.--
(A) In general.--After receipt of the report
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 beginning on the date that is three years
after the program effective date.
(B) Condition.--In order for a unanimous vote
described in subparagraph (A) to effect a modification
of the prohibition in subsection (d), the vote must
include unanimous adoption of each of the following
findings:
(i) That the modification is warranted.
(ii) That the modification is in the best
interests of horse racing.
(iii) That furosemide has no performance
enhancing effect on individual horses.
(iv) That public confidence in the
integrity and safety of racing would not be
adversely affected by the modification.
(f) Exemption.--
(1) In general.--Except as provided in paragraph (2), only
during the three-year period beginning 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 require, a
request for an exemption from the prohibition in subsection (d)
with respect to the use of furosemide on covered horses during
such period.
(2) Exceptions.--An exemption under paragraph (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 racing commission's
requested limitations on the use of furosemide that would apply
to the State under the horseracing anti-doping and medication
control program 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 subsection (e)(3), the
Authority shall grant an exemption requested under paragraph
(1) for the remainder 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 Control 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 horseracing
anti-doping and medication control program; and
(B) except as exempted pursuant to subsections (e)
and (f), remain in effect at all times after the
program effective date.
(2) Baseline anti-doping medication control 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 prohibited
substances (including drugs, medications, 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 International Federation of
Horseracing Authorities 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
Commissioners International out-of-competition
testing standards, Model Rules of Racing
(version 9.2).
(iv) The Association of Racing
Commissioners International penalty and
multiple 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 subparagraph (A), the most
stringent rule shall apply.
(3) Modifications to baseline rules.--
(A) Development by anti-doping and medication
control standing committee.--The anti-doping and
medication control standing committee, in consultation
with the anti-doping and medication control enforcement
agency, may develop and submit to the Authority for
approval by the Authority proposed modifications to the
baseline anti-doping and medication control rules.
(B) Authority approval.--If the Authority approves
a proposed modification under this paragraph, the
proposed modification shall be submitted to and
considered by the Commission in accordance with section
4.
(C) Anti-doping and medication control enforcement
agency veto authority.--The Authority shall not approve
any proposed 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 prohibited 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
registration 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, covered persons, and covered horseraces, the Authority
and the Commission shall take into consideration existing
safety standards including the National Thoroughbred Racing
Association Safety and Integrity Alliance Code of Standards,
the International Federation 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 Program.--The horseracing safety
program shall include the following:
(1) A set of training and racing safety standards and
protocols taking into account regional differences and the
character of differing racing facilities.
(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 system 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 standard
operating procedures related to track surface,
monitoring, and maintenance (such as standardized
seasonal assessment, daily tracking, 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 analysis, 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 racetrack 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 performance research
and education.
(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 carried 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 uniform standards for racetrack and
horseracing safety.
(2) Standards for safety and performance accreditation.--
(A) In general.--Not later than 120 days before the
program effective date, the Authority, in consultation
with the racetrack safety 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 issued under
subparagraph (A), as the Authority considers
appropriate.
(ii) Notice and comment.--The Commission
shall publish in the Federal Register any
proposed rule of the Authority, 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 interim
accreditation.--The Authority may, by rule in
accordance with section 4, extend provisional or
interim accreditation to a racetrack accredited by the
National Thoroughbred Racing Association Safety and
Integrity Alliance 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 notice 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 racehorse 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 persons under section 5(d),
the Authority may require 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 welfare.
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 violations
established under paragraph (1) may include the following:
(A) With respect to a covered horse, strict
liability for covered trainers for--
(i) the presence of a prohibited substance
or method in a sample or the use of a
prohibited substance or method;
(ii) the presence of a permitted substance
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
established under the horseracing anti-doping
and medication control program.
(B) Attempted use of a prohibited substance or
method on a covered horse.
(C) Possession of any prohibited substance or
method.
(D) Attempted possession of any prohibited
substance or method.
(E) Administration or attempted administration of
any prohibited substance or method on a covered horse.
(F) Refusal or failure, without compelling
justification, to submit a covered horse for sample
collection.
(G) Failure to cooperate with the Authority or an
agent of the Authority during any investigation.
(H) Failure to respond truthfully, to the best of a
covered person's knowledge, to a question of the
Authority or an agent of the Authority with respect to
any matter under the jurisdiction 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, abetting,
conspiring, covering up, or any other type of
intentional complicity involving a safety, performance,
or anti-doping and medication control rule violation or
the violation of a period of suspension or eligibility.
(L) Threatening or seeking to intimidate a person
with the intent of discouraging the person from the
good faith reporting to the Authority, an agent of the
Authority or the Commission, or the anti-doping and
medication control enforcement agency under section
5(e), of information that relates to--
(i) an alleged safety, performance, or
anti-doping and medication control rule
violation; or
(ii) alleged noncompliance with a safety,
performance, or anti-doping and medication
control rule.
(b) Testing Laboratories.--
(1) Accreditation and standards.--Not later than 120 days
before the program effective date, the Authority shall, in
consultation with the anti-doping and medication control
enforcement agency, establish, by rule in accordance with
section 4--
(A) standards of accreditation for laboratories
involved in testing samples from covered horses;
(B) the process for achieving and maintaining
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 samples to be
directed to and tested by laboratories having special expertise
in the required tests.
(3) Extension of provisional or interim accreditation.--The
Authority may, by rule in accordance with section 4, extend
provisional or interim 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 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 accredited 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 before 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 management; and
(B) the disciplinary process for safety,
performance, and anti-doping and medication control
rule violations.
(2) Elements.--The rules and process established under
paragraph (1) shall include the following:
(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 public
reporting of decisions.
(3) Due process.--The rules established under paragraph (1)
shall provide for adequate due process, including impartial
hearing officers or tribunals commensurate with the seriousness
of the alleged safety, performance, or anti-doping and
medication control rule violation and the possible civil
sanctions for such violation.
(d) Civil Sanctions.--
(1) In general.--The Authority shall establish uniform
rules, in accordance with section 4, imposing civil sanctions
against covered persons or covered horses for safety,
performance, and anti-doping and medication control rule
violations.
(2) Requirements.--The rules established 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 safety, performance, and anti-doping and
medication control rule violations.
(3) Severity.--The civil sanctions under paragraph (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 medication
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.
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 safety rules
approved by the Commission; or
(iii) the final civil sanction of the
Authority was arbitrary, capricious, an abuse
of discretion, or otherwise not in accordance
with law.
(B) Conduct of hearing.--An administrative law
judge shall conduct a hearing under this subsection in
such a manner as the Commission may specify by rule,
which shall conform to section 556 of title 5, United
States Code.
(3) Decision by administrative law judge.--
(A) In general.--With respect to a matter reviewed
under this subsection, an administrative 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
(iii) may make any finding or conclusion
that, in the judgment of the administrative law
judge, is proper and based on the record.
(B) Final decision.--A decision under this
paragraph shall constitute the decision of the
Commission without further proceedings unless a notice
or an application for review is timely filed under
subsection (c).
(c) Review by Commission.--
(1) Notice of review by commission.--The Commission may, on
its own motion, review any decision of an administrative law
judge issued under subsection (b)(3) by providing written
notice to the Authority and any interested party not later than
30 days after the date on which the administrative law judge
issues the decision.
(2) Application for review.--
(A) In general.--The Authority or a person
aggrieved by a decision issued under subsection (b)(3)
may petition the Commission for review of such decision
by filing an application for review not later than 30
days after the date on which the administrative law
judge issues the decision.
(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 respect to
whether to grant an application for review
under subparagraph (A) is subject 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
committed in the conduct of the
proceeding; or
(II) the decision involved--
(aa) an erroneous
application of the anti-doping
and medication control or
racetrack safety rules approved
by the Commission; or
(bb) an exercise of
discretion or a decision of law
or policy that warrants review
by the Commission.
(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 administrative 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 evidence.--
(i) Motion by commission.--The Commission
may, on its own motion, allow the consideration
of additional evidence.
(ii) Motion by a party.--
(I) In general.--A party may file a
motion to consider additional evidence
at any time before the issuance of a
decision by the Commission, which shall
show, with particularity, that--
(aa) such additional
evidence is material; and
(bb) there were reasonable
grounds for failure to submit
the evidence previously.
(II) Procedure.--The Commission
may--
(aa) accept or hear
additional evidence; or
(bb) remand the proceeding
to the administrative law judge
for the consideration of
additional evidence.
(d) Stay of Proceedings.--Review by an administrative 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 Commission orders such a stay.
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 Authority
determines has a long-term degrading effect on the
soundness of the covered horse; and
(2) fails to disclose to the buyer the administration 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 racing 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-doping and medication
control program, if the Authority determines that the State
racing commission has the ability to implement such component
in accordance with the rules, standards, and requirements
established by the Authority.
(2) Implementation by state racing commission.--A State
racing commission or other appropriate regulatory body of a
State may not implement such a component in a manner less
restrictive than the rule, standard, or requirement established
by the Authority.
(b) Cooperation.--To avoid duplication of functions, facilities,
and personnel, and to attain closer coordination and greater
effectiveness and economy in administration of Federal and State law,
where conduct by any person subject to the horseracing medication
control program 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 Federal or State law
enforcement authorities shall cooperate and share information.
Union Calendar No. 454
116th CONGRESS
2d Session
H. R. 1754
[Report No. 116-554]
_______________________________________________________________________
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.
_______________________________________________________________________
September 29, 2020
Reported with an amendment; committed to the Committee of the Whole
House on the State of the Union and ordered to be printed