[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5693 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 5693

  To protect the health and welfare of covered horses and improve the 
integrity and safety of horseracing by authorizing States to enter into 
  an interstate compact to develop and enforce scientific medication 
  control rules and racetrack safety rules that are uniform for each 
                 equine breed, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 26, 2023

   Mr. Higgins of Louisiana introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To protect the health and welfare of covered horses and improve the 
integrity and safety of horseracing by authorizing States to enter into 
  an interstate compact to develop and enforce scientific medication 
  control rules and racetrack safety rules that are uniform for each 
                 equine breed, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Racehorse Health 
and Safety Act of 2023''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Repeal of the Horseracing Integrity and Safety Act of 2020.
Sec. 4. Authorization to enter into interstate compact.
           TITLE I--RACEHORSE HEALTH AND SAFETY ORGANIZATION

Sec. 101. Racehorse Health and Safety Organization.
Sec. 102. Role of States and State racing commissions.
          TITLE II--HORSERACING SCIENTIFIC MEDICATION CONTROL

Sec. 201. Scientific medication control committees.
Sec. 202. Horseracing scientific medication control rules.
                      TITLE III--RACETRACK SAFETY

Sec. 301. Definition of Committee.
Sec. 302. Racetrack Safety Committee.
Sec. 303. Racetrack safety rules.
                       TITLE IV--RULE VIOLATIONS

Sec. 401. Prohibited acts.
Sec. 402. Results management and disciplinary process.
Sec. 403. Administrative sanctions.
                      TITLE V--GENERAL PROVISIONS

Sec. 501. Effective dates.

SEC. 2. DEFINITIONS.

     In this Act:
            (1) Advance deposit wager.--The term ``advance deposit 
        wager'' means a legal form of parimutuel wager in which an 
        individual deposits money into an account and such funds are 
        used to pay for parimutuel wagers made either on-track or off-
        track.
            (2) Board.--The term ``Board'' means the board of directors 
        of the Racehorse Health and Safety Organization established 
        under section 101.
            (3) Breed registry.--The term ``breed registry''--
                    (A) means the organization with which an owner or 
                breeder officially registers his or her horse for 
                horseracing; and
                    (B) includes--
                            (i) in the case of Thoroughbreds, the 
                        Jockey Club;
                            (ii) in the case of Standardbreds, the 
                        United States Trotting Association; and
                            (iii) in the case of Quarter Horses, the 
                        American Quarter Horse Association.
            (4) Covered horse.--The term ``covered horse'' means any 
        Thoroughbred, Standardbred, or Quarter Horse 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 earlier of--
                            (i) the date on which the horse is 
                        permanently ineligible to be entered in a 
                        covered horserace; or
                            (ii) the date of the death of the horse.
            (5) Covered horserace.--The term ``covered horserace'' 
        means any horserace involving covered horses that has a 
        substantial relation to interstate commerce, including any 
        horserace that is the subject of interstate off-track wagers or 
        advance deposit wagers.
            (6) Covered person.--The term ``covered person'' means any 
        trainer, owner, breeder, jockey, driver, racetrack, 
        veterinarian, person (as defined in section 1, of title 1, 
        United States Code) licensed by a State racing commission, any 
        agent, assign, or employee of such a person, and any other 
        horse support personnel engaged in the care, training, or 
        racing of covered horses.
            (7) Equine industry representative.--The term ``equine 
        industry representative'' means an organization representing 
        the interests of, and whose membership consists in whole or in 
        part of, owners, breeders, trainers, racetracks, veterinarians, 
        State racing commissions, jockeys, and drivers.
            (8) Immediate family member.--The term ``immediate family 
        member'' includes a spouse, domestic partner, mother, father, 
        aunt, uncle, sibling, child, or member of the same household.
            (9) Interstate compact.--The term ``interstate compact'' 
        means the interstate compact entered into pursuant to this Act.
            (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; driver.--The terms ``jockey'' and ``driver'' 
        mean an individual who is a rider or driver of a covered horse 
        in a covered horserace. 
            (12) Member state.--The term ``member State'' means a State 
        that is a member of the interstate compact.
            (13) Owner; breeder.--The terms ``owner'' and ``breeder'' 
        mean an individual who--
                    (A) holds an ownership interest in a covered horse; 
                or
                    (B) is in the business of breeding covered horses.
            (14) Racetrack.--The term ``racetrack'' means an 
        organization or person licensed by a State racing commission to 
        conduct covered horseraces.
            (15) RHSO.--The term ``RHSO'' means the Racehorse Health 
        and Safety Organization established under section 101.
            (16) Scientific medication control committee.--The term 
        ``scientific medication control committee'' means a committee 
        established under section 201.
            (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 
        that is engaged in the training of covered horses and is the 
        recipient of direct or indirect compensation or anything of 
        value for such services or expertise.
            (19) Training facility.--The term ``training facility'' 
        means a location that--
                    (A) is not a racetrack recognized and designated by 
                the Racehorse Health and Safety Organization; and
                    (B) operates primarily to house covered horses or 
                to conduct official timed workouts or qualifying races.
            (20) Veterinarian.--The term ``veterinarian'' means a 
        licensed veterinarian who provides veterinary services to 
        covered horses.
            (21) Workout.--The term ``workout'' means--
                    (A) a timed running of a horse over a predetermined 
                distance not associated with a purse race; or
                    (B) the competing of a horse in a harness 
                qualifying race.

SEC. 3. REPEAL OF THE HORSERACING INTEGRITY AND SAFETY ACT OF 2020.

    The Horseracing Integrity and Safety Act of 2020 (15 U.S.C. 3051 et 
seq.) is repealed.

SEC. 4. AUTHORIZATION TO ENTER INTO INTERSTATE COMPACT.

    (a) In General.--The consent of Congress is given for States to 
enter into an interstate compact in accordance with this Act.
    (b) Consent of States.--A State may demonstrate consent to enter 
into the interstate compact through the enactment of a State law that 
contains a provision indicating such consent that is substantially 
similar to the following:
``The State of _________ hereby consents to and enters into the 
interstate compact established in accordance with the Racehorse Health 
and Safety Act of 2023.''.
    (c) Prohibition on Interstate Off-Track Wagers Among Non-Member 
States.--
            (1) In general.--Subject to, and in accordance with, the 
        Interstate Horseracing Act of 1978 (15 U.S.C. 3001 et seq.), a 
        host State that is a member State of the interstate compact may 
        allow the interstate transmission of any electronic signal for 
        the purposes of allowing for the placement of interstate off-
        track wagers or advance deposit wagers pertaining to the 
        covered horserace concerned.
            (2) Exception.--A host State that is not a member State of 
        the interstate compact is prohibited from allowing interstate 
        transmission of any electronic signal for the purposes 
        described in paragraph (1).
            (3) Host state defined.--In this subsection, the term 
        ``host State'' means a State in which a horserace subject to an 
        interstate wager takes place.

           TITLE I--RACEHORSE HEALTH AND SAFETY ORGANIZATION

SEC. 101. RACEHORSE HEALTH AND SAFETY ORGANIZATION.

    (a) In General.--States that are members of the interstate compact 
shall--
            (1) establish and participate in an organization, to be 
        known as the ``Racehorse Health and Safety Organization'' or 
        the ``RHSO'', to coordinate the decision making and actions of 
        the State racing commission of each member State; and
            (2) develop bylaws and rules governing the RHSO, including 
        rules establishing the RHSO as an agency for purposes of 
        subchapter II of chapter 5 of title 5, United States Code.
    (b) Board of Directors.--
            (1) In general.--The RHSO shall be governed by a board of 
        directors composed of 9 members, of whom--
                    (A) 5 shall be appointed by the State racing 
                commission of each of the 5 member States that had the 
                greatest number of racing days during the preceding 3-
                year period, with each such State racing commission 
                appointing 1 member; and
                    (B) 4 shall be appointed by the State racing 
                commissions of the remaining member States.
            (2) Membership.--
                    (A) Chairperson.--The chairperson of the Board 
                shall be elected annually by majority vote from among 
                the members of the Board.
                    (B) Term.--
                            (i) In general.--Except as provided in 
                        clauses (ii) and (iii), the term of a member of 
                        the Board shall not exceed 3 years. No member 
                        shall serve more than 3 full terms.
                            (ii) Initial appointment.--For purposes of 
                        staggering terms of appointment, the initial 
                        members appointed by the State racing 
                        commissions in the 5 member States that had the 
                        greatest number of racing days during the prior 
                        3-year period shall serve an initial term of 4 
                        years.
                            (iii) Expansion in case of fewer than 9 
                        member states.--If, as of the date described in 
                        section 502(a), fewer than 9 States have 
                        entered the interstate compact, the Board shall 
                        add a new member as each new State enters the 
                        interstate compact, up to a maximum of 9 
                        members.
                            (iv) Vacancies.--A vacancy on the Board 
                        shall be filled in the same manner as the 
                        position was appointed immediately prior to the 
                        vacancy. An individual appointed to fill a 
                        vacancy occurring before the expiration of the 
                        term for which the predecessor of that 
                        individual was appointed shall be appointed for 
                        the remainder of that term. When the term of 
                        office of a member ends, the member may 
                        continue to serve until a successor is 
                        appointed.
                    (C) Conflicts of interest.--
                            (i) In general.--Each member of the Board 
                        shall--
                                    (I) before accepting appointment as 
                                a Board member, disclose any potential 
                                conflict of interest;
                                    (II) notify the full Board 
                                immediately upon engaging in any 
                                activity that the RHSO determines may 
                                be perceived as a conflict of interest; 
                                and
                                    (III) not less frequently than 
                                annually, certify in writing the 
                                information referred to in subclauses 
                                (I) and (II) and disclose any potential 
                                or perceived conflicts of interest.
                            (ii) Recusal required.--A member of the 
                        Board shall recuse himself or herself from 
                        discussion of any item before the Board if such 
                        discussion--
                                    (I) relates to the direct financial 
                                interest of the member of the Board or 
                                an immediate family member of the 
                                member of the Board; and
                                    (II) does not apply to all covered 
                                horses within a breed.
                    (D) Removal and ethics.--The Board may remove by 
                majority vote a member of the Board or the chairperson 
                of the Board for--
                            (i) neglect of duty, unethical behavior, or 
                        malfeasance in office (including conduct 
                        determined by the Board to be injurious to the 
                        integrity of horseracing, such as contract 
                        violations or perjury); or
                            (ii) conviction of a violation of a Federal 
                        or State civil or criminal law related to 
                        horseracing.
                    (E) Quorum.--In order to consider at a meeting any 
                item requiring the approval of the Board, the Board 
                shall have in attendance at such a meeting (either in 
                person or remotely) a majority of members of the Board.
    (c) Duties of the Board.--The duties of Board shall be--
            (1)(A) to adopt rules with respect to scientific medication 
        control recommended by each scientific medication control 
        committee under section 202; or
            (B) to modify, or not adopt rules so recommended or adopt 
        alternative rules if the Board determines, by a preponderance 
        of evidence, that such recommendations do not meet the 
        requirements specified in paragraph (4);
            (2)(A) to adopt rules with respect to racetrack safety 
        recommended by the Racetrack Safety Committee under section 
        303; or
            (B) to modify, or not adopt rules so recommended or adopt 
        alternative rules if the Board determines, by a preponderance 
        of evidence, that such recommendations do not meet the 
        requirements specified in paragraph (4);
            (3) to adopt rules with respect to rule violations, as 
        described in sections 401, 402, and 403;
            (4) to ensure that any rule adopted under paragraph (1), 
        (2), or (3) is based on generally accepted scientific 
        principles and methods, and to the extent possible, on peer-
        reviewed scientific data and studies;
            (5) to hold open meetings with respect to proposed rules 
        recommended under sections 202 and 303, at which the 
        chairperson of the scientific medication control committee 
        concerned or the chairperson of the Racetrack Safety Committee, 
        as applicable, or the representative of such chairperson, shall 
        present such proposed rules;
            (6) not later than 45 days before any such meeting is to be 
        held--
                    (A) to post on the internet website of the RHSO any 
                proposed rule described in paragraph (1) or (2) (or 
                modifications to such rules) under consideration at 
                such meeting; and
                    (B) to submit to each State racing commission (and 
                to any other individual upon request) notification of 
                such meeting;
            (7) to adopt any rule under paragraphs (1), (2), and (3) by 
        a vote of not less than a two-thirds majority of the Board, 
        determine the effective date of any such rule, and update any 
        such rule in accordance with the process established under 
        paragraphs (5) and (6);
            (8) after notice and an opportunity for public comment, in 
        consultation with the State racing commissions, to develop and 
        maintain a nationwide database of racehorse safety, 
        performance, health, and injury information for the purpose of 
        conducting an epidemiological study;
            (9) in carrying out paragraph (8), to require covered 
        persons and equine industry representatives to collect and 
        submit for inclusion in such database such information as the 
        RHSO considers necessary to further the goal of increased horse 
        welfare;
            (10) with respect to covered persons--
                    (A) subject to section 102, to issue subpoenas and 
                investigate rule violations; and
                    (B) to refer to the appropriate State racing 
                commission any such violation for enforcement action 
                unless the State racing commission concerned agrees to 
                give that enforcement authority to the RHSO;
            (11) in consultation with member States, to develop uniform 
        standards for veterinarian's and steward's lists and uniform 
        procedures for entering horses on, and removing horses from, 
        such lists;
            (12) to establish, and conduct oversight activities with 
        respect to, the scientific medication control committees under 
        section 201 and the Racetrack Safety Committee under 302;
            (13) in carrying out paragraph (12), with respect to 
        members of the committees referred to in that paragraph--
                    (A) to assess such members for potential conflicts 
                on a case-by-case basis; and
                    (B) to determine, in the sole discretion of the 
                Board, whether the potential conflict requires removal 
                from the committee or denial of the opportunity to vote 
                on an item pending before the relevant committee;
            (14) to carry out activities described in subsection (e) 
        relating to laboratory accreditation; and
            (15) to ensure that member States comply with the terms of 
        this Act, the interstate compact, and the rules adopted by the 
        Board under this section, including the prohibition on 
        interstate off-track wagers among non-member States specified 
        in section 4(c).
    (d) Funding.--
            (1) Initial funding.--The RHSO, acting through the Board, 
        shall assess an initial fee from each State racing commission 
        of a member State in an amount determined by the Board to be 
        sufficient to cover the startup costs of the racing commission 
        for the first full year that begins after the effective date 
        specified in section 502(a).
            (2) Permanent funding.--
                    (A) Assessment and collection of fees by states.--
                            (i) In general.--Beginning on a date 
                        determined by the RHSO, each State racing 
                        commission of a member State shall remit to the 
                        RHSO an amount of fees determined under 
                        subparagraph (B), in accordance with a schedule 
                        developed by the RHSO.
                            (ii) Determination of methods.--Each State 
                        racing commission of a member State shall 
                        determine, subject to the applicable laws, 
                        regulations, and contracts of the State 
                        concerned, the method by which the amount of 
                        fees determined in accordance with subparagraph 
                        (B) shall be allocated, assessed, and 
                        collected.
                    (B) Annual calculation of amounts required.--
                            (i) In general.--For the first year in 
                        which fees are collected under this subsection, 
                        not later than the date determined by the RHSO, 
                        and not later than November 1 each year 
                        thereafter, the RHSO shall determine and 
                        provide to each State racing commission the 
                        estimated amount required from each member 
                        State--
                                    (I) to fund the member State's 
                                proportionate share of the expenditures 
                                incurred in administering the 
                                horseracing scientific medication 
                                control rules under subsection (c)(1) 
                                and the racetrack safety rules under 
                                section subsection (c)(2) for each 
                                breed of covered horses racing in 
                                covered horseraces in the State; and
                                    (II) to liquidate any loan 
                                undertaken or other debt incurred to 
                                cover a shortfall in fees assessed for 
                                the current calendar year and any 
                                preceding calendar year.
                            (ii) Basis of calculation.--The amounts 
                        calculated under clause (i) shall be based on 
                        the annual breed-specific budget of the RHSO 
                        for the breed in that State for the following 
                        year as approved by the Board of Directors 
                        after taking into account--
                                    (I) the projected number of racing 
                                starts for the year separately for each 
                                breed in that State; and
                                    (II) any other sources of RHSO 
                                income.
                    (C) State racing commission assessment.--
                            (i) Sources.--A State may fund the amount 
                        required under subparagraph (B)(i) from a 
                        variety of sources, including foal registration 
                        fees, sales contributions, starter fees, track 
                        fees, and other fees on covered persons.
                            (ii) Breed-specific assessments.--In 
                        assessing fees to meet the requirement under 
                        subparagraph (B), a State racing commission 
                        shall assess fees on a breed-specific basis, 
                        for the Standardbred, Thoroughbred, and the 
                        Quarter Horse industries operating within that 
                        State. Each such assessment shall be 
                        specifically earmarked for the development, 
                        refinement, and maintenance of--
                                    (I) horseracing scientific 
                                medication control rules consistent 
                                with subsection (c)(1) that are 
                                specific and limited to each breed's 
                                unique performance model and developed 
                                safety protocols; and
                                    (II) racetrack safety rules 
                                consistent with subsection (c)(2) that 
                                are specific and limited to each 
                                breed's unique performance model and 
                                developed safety protocols.
                            (iii) No commingling.--A State racing 
                        commission of a member State shall ensure that 
                        funds assessed by the member State for a single 
                        breed of covered horses shall not be commingled 
                        for the use or subsidy of any other breed of 
                        covered horses.
                            (iv) Three-fourths majority vote required 
                        for rate increases.--In the case of a proposed 
                        increase in the amount required under clause 
                        (i) that exceeds 5 percent, such increase shall 
                        only become effective if the increase is 
                        approved by a vote of not less than a three-
                        fourths majority of the Board.
            (3) Borrowing.--The RHSO may incur debt to carry out the 
        duties of the RHSO but may not accept loans from any covered 
        person or equine industry representative.
    (e) Testing Laboratories.--
            (1) In general.--The RHSO shall review existing rules 
        relating to laboratory accreditation and testing standards 
        issued by the State racing commissions and the National 
        Veterinary Services Laboratories of the Animal and Plant Health 
        Inspection Service of the Department of Agriculture.
            (2) Administration.--
                    (A) In general.--The RHSO shall select an 
                accreditation body to conduct the accreditation of 
                laboratories and the audits of laboratories so 
                accredited to ensure compliance with rules issued under 
                subsection (c)(1).
                    (B) Authority.--The accreditation body selected 
                under subparagraph (A) shall have the authority to 
                require specific test samples to be directed to, and 
                tested by, laboratories with special expertise in the 
                required tests.
                    (C) Condition of accreditation.--The accreditation 
                body so selected shall ensure that each laboratory 
                seeking accreditation to conduct testing of covered 
                horses has a relationship with a national laboratory, 
                such as the National Veterinary Services Laboratories 
                of the Animal and Plant Health Inspection Service.
            (3) Selection of laboratories.--
                    (A) In general.--A State racing commission may 
                select, for purposes of testing samples from covered 
                horses racing in covered horseraces in the State 
                concerned, a laboratory accredited by the accreditation 
                body selected under paragraph (2).
                    (B) Selection by the rhso.--If a State racing 
                commission selects a laboratory that is not accredited 
                by the accreditation body selected under paragraph (2), 
                the RHSO shall select a laboratory accredited by the 
                accreditation body selected under paragraph (2) to test 
                samples taken in that State.

SEC. 102. ROLE OF STATES AND STATE RACING COMMISSIONS.

    (a) Enforcement Authority.--
            (1) State election to enforce.--A State racing commission 
        may elect to exercise enforcement authority with respect to the 
        rules issued under paragraphs (1) and (2) of section 101(c) 
        within the State concerned.
            (2) RHSO rules.--If a State racing commission does not make 
        the election described in paragraph (1), the RHSO shall enforce 
        the rules issued under paragraphs (1) and (2) of section 101(c) 
        within the State, pursuant to a memorandum of understanding 
        entered into with the RHSO.
    (b) Preemption.--The rules of the RHSO promulgated in accordance 
with this Act shall preempt any provision of State law or regulation of 
member States with respect to matters within the jurisdiction of the 
RHSO.
    (c) Unfair or Deceptive Acts or Practices.-- Each member State 
shall, as a condition of being a member of the interstate compact, have 
in effect a statute that treats as an unfair or deceptive act or 
practice the sale of a covered horse, or of any other horse in 
anticipation of its future participation in a covered race, 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 RHSO 
                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 such substance or method.

          TITLE II--HORSERACING SCIENTIFIC MEDICATION CONTROL

SEC. 201. SCIENTIFIC MEDICATION CONTROL COMMITTEES.

    (a) In General.--For purposes of developing, updating, and 
implementing a set of proposed rules with respect to horseracing 
scientific medication control for covered horses, covered persons, and 
covered horseraces, the RHSO shall establish a scientific medication 
control committee with respect to each breed of horses involved in 
covered horserace, as follows:
            (1) A Standardbred Racing Scientific Medication Control 
        Committee.
            (2) A Quarter Horse Racing Scientific Medication Control 
        Committee.
            (3) A Thoroughbred Racing Scientific Medication Control 
        Committee.
    (b) Duties.--Each scientific medication control committee shall 
draft proposed rules regarding scientific medication control, in 
accordance with subsection (e), and shall recommend the proposed rules 
to the Board.
    (c) Meetings.--Except as provided in subsection (e), meetings of a 
scientific medication control committee may be closed.
    (d) Membership.--
            (1) Composition.--Each scientific medication control 
        committee shall be composed of 7 members, as follows:
                    (A) Regulatory members.--Three members of each 
                scientific medication control committee shall be 
                appointed--
                            (i) by the Board from within the equine 
                        industry; and
                            (ii) based on their knowledge of equine 
                        exercise physiology, forensic toxicology, or 
                        equine pharmacology.
                    (B) Industry members.--Four members of each 
                scientific medication control committee shall be 
                appointed as follows:
                            (i) For the Standardbred Racing Scientific 
                        Medication Control Committee, such appointments 
                        shall be made by the United States Trotting 
                        Association.
                            (ii) For the Quarter Horse Racing 
                        Scientific Medication Control Committee, such 
                        appointments shall be made by the American 
                        Quarter Horse Association.
                            (iii) For the Thoroughbred Racing 
                        Scientific Medication Control Committee, such 
                        appointments shall be made by the National 
                        Horsemen's Benevolent and Protective 
                        Association.
            (2) Qualifications.--
                    (A) In general.--The members of a scientific 
                medication control committee appointed under paragraph 
                (1)(B) shall--
                            (i) have significant, recent experience in 
                        medication control or toxicology research;
                            (ii) hold a doctorate of philosophy or 
                        equivalent degree; and
                    (B) Additional qualifications.--Of the members 
                appointed under paragraph (1)(B)--
                            (i) at least 1 member shall be a 
                        mathematician or statistician with experience 
                        in threshold determination;
                            (ii) at least 1 member shall be an equine 
                        exercise physiologist;
                            (iii) at least 1 member shall be an equine 
                        pharmacologist; and
                            (iv) at least 1 member shall be an 
                        analytical chemist.
            (3) Term.--
                    (A) In general.-- Except as provided in 
                subparagraph (B), the term of each member of a 
                scientific medication control committee shall not 
                exceed 3 years. Such term is renewable for an 
                indefinite number of terms.
                    (B) Initial term.--For purposes of staggering the 
                terms of appointment, the members first appointed under 
                paragraph (1)(A) shall serve an initial term of 4 
                years.
                    (C) Limitation.--No member of a scientific 
                medication control committee may serve as a member on 
                more than 2 scientific medication control committees.
            (4) Chairperson.--The chairperson of each scientific 
        medication control committee shall be elected annually from 
        among the members of the scientific medication control 
        committee by majority vote of the scientific medication control 
        committee.
            (5) Conflicts of interest.--Each member appointed to a 
        scientific medication control committee shall, before the 
        beginning of any meeting of the scientific medication control 
        committee, declare any conflicts of interest directly pertinent 
        to the agenda of such meeting.
            (6) Quorum.--In order to consider at a meeting any rule 
        being proposed to the Board, each scientific medication control 
        committee shall have in attendance at such a meeting (either in 
        person or remotely) a majority of members of the scientific 
        medication control committee.
    (e) Rules for Scientific Medical Control.--
            (1) Adoption of rules.--Not later than 90 days before the 
        consideration of a rule (or a modification to such a rule), 
        each scientific medication control committee shall hold an open 
        meeting at which covered persons or their representatives may 
        provide input.
            (2) Notice of meeting.--Not less than 45 days before the 
        date on which the meeting referred to in paragraph (1) is to be 
        held, the agenda, location, and date of such meeting shall--
                    (A) be posted on the internet website of the RHSO;
                    (B) submitted to the Racing Medication and Testing 
                Consortium, the Harness Racing Medication 
                Collaborative, and the American Quarter Horse 
                Association Medication Committee; and
                    (C) provided to any individual or entity requesting 
                such information.
            (3) Recording of input.--If any input from a covered person 
        (or a representative of a covered person) is provided during a 
        meeting referred to in paragraph (1), or provided in writing, 
        such input shall be transcribed and recorded and made part of 
        the record of the scientific medication control committee 
        concerned.
            (4) Review of medication and threshold rules.--
                    (A) In general.--Each scientific medication control 
                committee shall review--
                            (i) all existing medication and threshold 
                        rules issued by State racing commissions with 
                        respect to covered horses; and
                            (ii) all available research on medication 
                        thresholds for covered horses.
                    (B) Penalty recommendations.--A scientific 
                medication control committee may revise penalty 
                recommendations with respect to each substance reviewed 
                as part of the medication and threshold review under 
                subparagraph (A).
                    (C) Medications.--Each scientific medication 
                control committee shall--
                            (i) review the development of any new 
                        medication on an ongoing basis to determine 
                        whether such medication should be subject to 
                        the medication control rules issued pursuant to 
                        section 101(c); and
                            (ii) if the scientific medication control 
                        committee determines that such a medication 
                        should be subject to such rules, the scientific 
                        medication control committee shall develop and 
                        submit to the Board for approval proposed 
                        modifications to such rules to include such 
                        medication.

SEC. 202. HORSERACING SCIENTIFIC MEDICATION CONTROL RULES.

    (a) Applicability.--Scientific medication control rules issued 
under section 101(c)(1) for each breed of covered horse shall apply 
to--
            (1) covered horseraces, covered persons, and covered horses 
        in member States; and
            (2) any covered horse or covered person from a State that 
        is not a member State that seeks to race in a covered horserace 
        in a member State.
    (b) Development of Proposed Rules.--
            (1) In general.--In developing proposed scientific 
        medication control rules with respect to a breed of covered 
        horses, to the extent possible, a scientific medication control 
        committee shall--
                    (A) use scientific methods;
                    (B) address all topics set forth in subsection (c); 
                and
                    (C) take into account the unique characteristics 
                and needs of such breed and its racing performance 
                model, including the varying number and nature of races 
                each year for the breed.
            (2) Transition.--Until the date on which rules issued by 
        the RHSO pursuant to section 101(c) become effective, the rules 
        of the State concerned shall apply with respect to the 
        administration of medication to covered horses racing in 
        covered horseraces.
    (c) Elements.--The proposed rules referred to in subsection (b) 
shall provide--
            (1) that--
                    (A) a covered horse may only compete in a covered 
                horserace if the horse is--
                            (i) free from the active pharmacological 
                        effect of medications, other foreign 
                        substances, and methods that enhance the 
                        natural performance of the covered horse; and
                            (ii) unencumbered by--
                                    (I) foreign substances; and
                                    (II) diseases or conditions;
                    (B) a covered horse that is injured or determined 
                by a veterinarian to be unsound may not train or 
                participate in a covered horserace; and
                    (C) the use of medications, other foreign 
                substances, and treatment methods that mask pain in 
                order to allow an injured or unsound covered horse to 
                train or race in a covered horserace shall be 
                prohibited;
                    (D) with respect to the uniformity of rules, 
                standards, procedures, and protocols regulating 
                medication and treatment methods for covered horses and 
                covered horseraces, such rules, standards, procedures, 
                and protocols--
                            (i) shall be uniform within each breed of 
                        covered horse; and
                            (ii) shall not be imposed on all 3 breeds 
                        unless specifically adopted by the scientific 
                        medication control committee for each breed; 
                        and
                    (E) breed-specific rules, standards, procedures, 
                and protocols shall include breed-specific permissible 
                thresholds, medication withdrawal guidelines, and other 
                breed-specific concerns with respect to the 
                administration of medication; and
            (2) for--
                    (A) the development, in consultation with the State 
                racing commissions and the National Veterinary Services 
                Laboratories of the Animal and Plant Health Inspection 
                Service, of a list of permitted and prohibited 
                medications, methods, and substances, for each breed of 
                covered horse;
                    (B) a process for the review by the scientific 
                medication control committee concerned for the 
                administration of any medication to a covered horse 
                during the 24-hour period preceding the next racing 
                start of the covered horse; and
                    (C) the performance and management of test 
                distribution planning (including intelligence-based 
                testing), the sample collection process, and in-
                competition and out-of-competition testing (including 
                no-advance-notice testing).

                      TITLE III--RACETRACK SAFETY

SEC. 301. DEFINITION OF COMMITTEE.

    In this title, the term ``Committee'' means the Racetrack Safety 
Committee established under section 302.

SEC. 302. RACETRACK SAFETY COMMITTEE.

    (a) In General.--For the purposes of developing, updating, and 
implementing mandatory horseracing racetrack safety rules for covered 
horses, covered persons, and covered horseraces under this Act, the 
RHSO shall establish a Racetrack Safety Committee.
    (b) Duties.--The Committee shall--
            (1) draft proposed rules with respect to racetrack safety 
        for each horse breed competing in covered horseraces, in 
        accordance with subsection (d);
            (2) recommend such proposed rules to the Board; and
            (3) for purposes of making such recommendations, obtain 
        testimony or other documented comment from racetrack 
        superintendents from each affected breed of covered horses.
    (c) Membership.--The Committee shall be composed of 7 members as 
follows:
            (1) Regulatory members.--Three such members shall be 
        representatives of the equine industry, selected by the Board 
        for their knowledge of racetrack safety, management, and 
        maintenance.
            (2) Industry members.--Four such members shall be appointed 
        as follows:
                    (A) One member shall be appointed by the United 
                States Trotting Association.
                    (B) One member shall be appointed by the American 
                Quarter Horse Association.
                    (C) One member shall be appointed by the National 
                Horsemen's Benevolent and Protective Association.
                    (D) One member shall be a racetrack superintendent 
                appointed by the Association of Racing Commissioners 
                International.
            (3) Term.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the term of each member of the Committee shall not 
                exceed 3 years. Such term is renewable for an 
                indefinite number of terms.
                    (B) Initial term.--For purposes of staggering the 
                terms of appointment, the members first appointed under 
                paragraph (1) shall serve an initial term of 4 years.
            (4) Chairperson.--The chairperson of the Committee shall be 
        elected annually from among the members of the Committee by 
        majority vote of the Committee.
            (5) Conflicts of interest.--
                    (A) In general.--Each member of the Committee 
                shall--
                            (i) before accepting appointment as a 
                        member of the Committee, disclose any potential 
                        conflict of interest; and
                            (ii) notify the full Board immediately upon 
                        engaging in any activity that the RHSO 
                        determines may be perceived as a conflict.
                    (B) Recusal required.--A member of the Committee 
                shall recuse himself or herself from discussion of any 
                item at a meeting of the Committee if such discussion--
                            (i) relates to the direct financial 
                        interest of any member of the Committee; and
                            (ii) does not apply to all covered horses 
                        within a breed.
            (6) Removal and ethics.--The Board may remove by majority 
        vote a member of the Committee for--
                    (A) neglect of duty, unethical behavior, or 
                malfeasance in office (including conduct determined by 
                the Board to be injurious to the integrity of 
                horseracing, such as contract violations and perjury); 
                or
                    (B) conviction of a violation of a Federal or State 
                civil or criminal law related to horseracing.
            (7) Quorum.--In order to consider at a meeting any rule 
        being proposed to the Board, the Committee shall have in 
        attendance at such a meeting (either in person or remotely) a 
        majority of members of the Committee.
    (d) Process for Adoption of Rules.--
            (1) In general.--Not later than 90 days before the 
        consideration of a proposed rule (or a modification to such a 
        rule), the Committee shall hold an open meeting at which 
        covered persons or their representatives may provide input.
            (2) Notice of meeting.--Not less than 45 days before the 
        date on which the meeting referred to in paragraph (1) is to be 
        held, the agenda, location, and date of such meeting shall--
                    (A) be posted on the internet website of the RHSO;
                    (B) submitted to the Racing Medication and Testing 
                Consortium, the Harness Racing Medication 
                Collaborative, and the American Quarter Horse 
                Association Medication; and
                    (C) provided to any individual or entity requesting 
                such information.
            (3) Recording of input.--If any input from a covered person 
        (or a representative of a covered person) is provided during a 
        meeting referred to in paragraph (1), or provided in writing, 
        such input shall be transcribed and recorded and made part of 
        the record of the Committee.

SEC. 303. RACETRACK SAFETY RULES.

    (a) Applicability.--The racetrack safety rules established pursuant 
to section 101(c)(2) shall apply with respect to covered horses, 
covered persons, and covered horseraces.
    (b) Development of Proposed Rules.--In developing proposed 
racetrack safety rules, the Committee shall--
            (1) consult with the State racing commissions; and
            (2) take into consideration safety standards in use as of 
        the date of the enactment of this Act, including--
                    (A) the National Thoroughbred Racing Association 
                Safety and Integrity Alliance Code of Standards; and
                    (B) the Association of Racing Commissioners 
                International Model Rules.
    (c) Elements.--The proposed rules referred to in subsection (b) 
shall include the following:
            (1) Training and racing safety standards and protocols 
        that--
                    (A) take into account regional differences and the 
                character of different racing facilities that may cause 
                variations based on geographical and environmental 
                differences;
                    (B) are otherwise uniform within each breed of 
                covered horses and unique to the performance model of 
                each such breed;
                    (C) are consistent with the humane treatment of 
                covered horses; and
                    (D) may include lists of permitted and prohibited 
                practices, methods, and track surfaces that affect 
                safety.
            (2) Track safety standards and protocols, uniform within 
        each breed of covered horses, which may include rules 
        governing--
                    (A) human and equine injury reporting and 
                prevention; and
                    (B) oversight and movement of covered horses.
            (3) With respect to the accreditation by the RHSO of 
        racetracks within each breed of covered horses racing in 
        covered horseraces--
                    (A) safety, training, and performance standards of 
                such accreditation;
                    (B) the process by which a racetrack within each 
                breed may achieve and maintain such accreditation; and
                    (C) the penalties to be imposed by the RHSO or a 
                State racing commission, as applicable, in the case of 
                a racetrack not complying with such standards.
            (4) In the case of a racetrack that does not, as of the 
        date on which the rules established pursuant to section 
        101(c)(2) become effective, meet the standards for 
        accreditation issued pursuant to paragraph (2), a process for 
        the extension of provisional or interim accreditation for a 
        period not to exceed 1 year--
                    (A) to a racetrack accredited by the National 
                Thoroughbred Racing Association Safety and Integrity 
                Alliance; and
                    (B) that is--
                            (i) determined at a meeting that takes 
                        place on a date during such 1-year period; and
                            (ii) sanctioned by the United States 
                        Trotting Association or any entity empowered to 
                        perform such function on behalf of the American 
                        Quarter Horse Association.
            (5) The establishment and process for maintaining a racing 
        surface quality maintenance system that--
                    (A) takes into account regional environmental 
                differences and the character of different racing 
                facilities, including differences among breeds; and
                    (B) may include requirements for--
                            (i) track surface design and consistency; 
                        and
                            (ii) standard operating procedures related 
                        to track surface monitoring and maintenance, 
                        such as standardized seasonal assessment, daily 
                        tracking, and measurement.
            (6) A process for injury and fatality analysis, which may 
        include--
                    (A) pre-training and post-training and race 
                inspections;
                    (B) use of a veterinarian's list or a steward's 
                list that meet standards specified under section 
                101(c)(11); and
                    (C) jockey, exercise rider, and driver concussion 
                protocols.
            (7) [Requirements relating to the conduct of] safety and 
        performance research.
            (8) [Rules relating to the establishment of] educational 
        programs.

                       TITLE IV--RULE VIOLATIONS

SEC. 401. PROHIBITED ACTS.

     In enforcing the rules issued under section 101(c), the Board 
shall prohibit the following:
            (1) Certain nontherapeutic medications and substances, 
        including--
                    (A) the administration to a covered horse of such a 
                medication or substance;
                    (B) the presence of such a medication or substance 
                in a blood, urine, or hair sample of a covered horse;
                    (C) the use or attempted use of such a medication 
                or substance on a covered horse;
                    (D) possession or attempted possession of such a 
                medication or substance;
                    (E) trafficking or attempted trafficking in any 
                such medication or substance; and
                    (F) manufacturing, producing, or formulating such a 
                medication or substance.
            (2) Certain therapeutic medications and substances in 
        quantitative amounts that exceed the irrelevant concentration 
        present in a covered horse during a prohibited timeframe before 
        or after the covered horse races in a covered horserace, 
        including--
                    (A) the administration to a covered horse of such a 
                medication or substance;
                    (B) the presence of such a medication or substance 
                in a blood, urine, or hair sample of a covered horse; 
                and
                    (C) the use or attempted use of such a medication 
                or substance on a covered horse;
            (3) Refusal or failure--
                    (A) without compelling justification, to submit a 
                covered horse for collection of a blood, urine, or hair 
                sample;
                    (B) to cooperate with the RHSO, a State racing 
                commission, or an agent thereof during any 
                investigation;
                    (C) to respond truthfully, to the best of a covered 
                person's knowledge, to a question of the RHSO, a State 
                racing commission, or an agent thereof with respect to 
                any matter under the jurisdiction of such entity; and
                    (D) in the case of a racetrack, to be in compliance 
                with track safety standards.
            (4) Tampering or attempted tampering with the application 
        of the rules issued by or process adopted by the RHSO under 
        section 101(c), including--
                    (A) the intentional interference, or an attempt to 
                interfere, with the RHSO, a State racing commission, or 
                an agent thereof;
                    (B) the procurement or the provision of fraudulent 
                information to the RHSO, a State racing commission, or 
                an agent thereof; and
                    (C) the intimidation of, or an attempt to 
                intimidate, a potential witness.
            (5) Assisting, encouraging, aiding, abetting, conspiring, 
        covering up, or any other type of intentional complicity 
        involving a violation of a rule issued under section 101(c) or 
        the violation of a period of suspension or eligibility imposed 
        on a covered person, covered horse, or covered horserace.
            (6) Threatening or seeking to intimidate a person with the 
        intent of discouraging the person from the good faith reporting 
        to the RHSO, a State racing commission, or an agent thereof, of 
        information that relates to--
                    (A) an alleged violation of a rule issued by the 
                RHSO under section 101(c); or
                    (B) alleged noncompliance with such a rule.

SEC. 402. RESULTS MANAGEMENT AND DISCIPLINARY PROCESS.

    (a) In General.--The Board shall issue rules with respect to the 
disciplinary process for safety, performance, and scientific medication 
control rule violations, which may include the existing Model Rules of 
the Association of Racing Commissioners International.
    (b) Elements.--The rules and processes issued under subsection (a) 
shall include the following:
            (1) The undertaking of investigations at racetrack and 
        nonracetrack facilities related to safety violations. In 
        performing investigations, the RHSO and State racing 
        commissions shall seek assistance as needed.
            (2) Procedures for--
                    (A) investigating, charging, and adjudicating 
                violations; and
                    (B) the enforcement of administrative sanctions.
            (3) A schedule of administrative sanctions for violations.
            (4) Disciplinary hearings, which may include binding 
        arbitration, mediation, administrative sanctions, and research.
            (5) Management of violation results.
            (6) Referral for criminal law enforcement investigation.
            (7) Provisions for notification of safety, performance, and 
        scientific medication control rule violations.
            (8) A process by which a noncompliant member State may be 
        removed by unanimous vote of the remaining member States.
            (9) Hearing procedures.
            (10) Standards for burden of proof.
            (11) Presumptions, including a rebuttable presumption of 
        liability for covered persons who are trainers for any 
        violations of the scientific medication control rules under 
        section 101(c)(1).
            (12) Evidentiary rules.
            (13) Appeals.
            (14) Guidelines for confidentiality and public reporting of 
        decisions.
    (c) Due Process.--The rules established under subsection (a) shall 
provide for adequate due process, including--
            (1) impartial hearing officers or tribunals commensurate 
        with the seriousness of the alleged safety, performance, or 
        scientific medication control rule violation and the possible 
        civil sanctions for such violation;
            (2) the right to counsel, to confront witnesses, and to 
        have a transcribed record of the proceedings;
            (3) the right to have a decision rendered not later than 60 
        days after the date on which the hearing closes.

SEC. 403. ADMINISTRATIVE SANCTIONS.

    (a) In General.--The Board shall--
            (1) review existing Model Rules of the Association of 
        Racing Commissioners International applicable to a specific 
        breed, imposing administrative sanctions against covered 
        persons or covered horses for safety, performance, and 
        medication control rule violations; and
            (2) subject to subsection (b), issue and update rules 
        relating to administrative sanctions referred to in paragraph 
        (1).
    (b) Requirements.--The rules established under subsection (a) 
shall--
            (1) take into account the unique aspects of horseracing;
            (2) be designed to ensure fair and transparent horseraces; 
        and
            (3) deter safety, performance, and scientific medication 
        control rule violations.
    (c) Severity.--The administrative sanctions under subsection (a) 
may include--
            (1) lifetime bans from horseracing, disgorgement of purses, 
        monetary fines and penalties, and changes to the order of 
        finish in covered races; and
            (2) with respect to scientific medication control rule 
        violators, an opportunity to reduce the applicable 
        administrative sanctions that is comparable to the opportunity 
        provided by the Protocol for Olympic Movement Testing of the 
        United States Medication Agency.

                      TITLE V--GENERAL PROVISIONS

SEC. 501. EFFECTIVE DATES.

    (a) RHSO.--Except as provided in subsections (b) and (c), the 
provisions of this Act shall take effect on the later of--
            (1) the date that is 2 years after the date of the 
        enactment of this Act; or
            (2) the date on which 2 or more States have entered into 
        the interstate compact pursuant to section 4.
    (b) Exceptions.--Subsections (c), (d), and (e) of section 101, and 
titles II, III, and IV of this Act shall take effect 90 days after the 
date described in subsection (a).
    (c) Immediate Upon Enactment.--Sections 1, 2, and 3 and subsections 
(a) and (b) of section 4 shall take effect immediately upon the date of 
the enactment of this Act.
                                 <all>