No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1770 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1770
To protect the health and welfare of certain 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 SENATE OF THE UNITED STATES
May 14, 2025
Mr. Cotton introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To protect the health and welfare of certain 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 2025''.
(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.
Sec. 103. Exemption from the Federal Advisory Committee Act.
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 that 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) Racehorse health and safety organization; rhso.--The
terms ``Racehorse Health and Safety Organization'' and ``RHSO''
mean 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 authorized under subsection (a) 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 2025.''.
(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 off-track 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.
(ii) Initial appointment.--For purposes of
staggering terms of appointment, the initial
members appointed to the Board 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 501(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.
(v) Term limits.--No member of the Board
shall serve more than 3 full terms.
(C) Conflicts of interest.--
(i) In general.--Each member of the Board
shall--
(I) before accepting appointment as
a member of the Board, 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, disclose any potential
conflict of interest of the member and
any activity engaged in by the member
that the RHSO determines may be
perceived as a conflict 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, including 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 the 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), or (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 501(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 proportionate share
of the member State 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 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.--
(I) In general.--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.
(II) Elements.--Each assessment
under subclause (I) shall be
specifically earmarked for the
development, refinement, and
maintenance of--
(aa) horseracing scientific
medication control rules
consistent with subsection
(c)(1) that are specific and
limited to the unique
performance model and developed
safety protocols for each
breed; and
(bb) racetrack safety rules
consistent with subsection
(c)(2) that are specific and
limited to the unique
performance model and developed
safety protocols for each
breed.
(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.
(D) Three-fourths majority vote required for rate
increases.--In the case of a proposed increase in the
amount required under subparagraph (B)(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.
SEC. 103. EXEMPTION FROM THE FEDERAL ADVISORY COMMITTEE ACT.
The RHSO and any committee or subcommittee of the RHSO are not
subject to chapter 10 of title 5, United States Code (commonly referred
to as the ``Federal Advisory Committee Act'').
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 a
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; and
(ii) hold a doctorate of philosophy or
equivalent degree.
(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.
(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.
(D) No term limits.--The term of a member of a
scientific medication control committee is renewable
for an indefinite number of terms.
(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 the 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 later 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 be--
(A) 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 in that State.
(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;
(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 the Department of Agriculture, 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.--
(1) In general.--The Committee shall be composed of 7
members.
(2) Regulatory members.--Three members of the Committee
shall be representatives of the equine industry, selected by
the Board for their knowledge of racetrack safety, management,
and maintenance.
(3) Industry members.--Four members of the Committee 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.
(4) Term.--
(A) In general.--Except as provided in subparagraph
(B), the term of each member of the Committee shall not
exceed 3 years.
(B) Initial term.--For purposes of staggering the
terms of appointment, the members first appointed under
paragraph (2) shall serve an initial term of 4 years.
(C) No term limits.--The term of a member of the
Committee is renewable for an indefinite number of
terms.
(5) Chairperson.--The chairperson of the Committee shall be
elected annually from among the members of the Committee by
majority vote of the Committee.
(6) 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.
(7) 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.
(8) 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 the 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 later 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 be--
(A) 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 (3), 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, 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) of a covered person to respond truthfully, to
the best of the 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 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 from the interstate compact 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; and
(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 that impose 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 issued and updated under subsection
(a)(2) 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.--Administrative sanctions imposed pursuant to the
rules issued and updated under subsection (a)(2) 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 existing Model Rules of the Association of
Racing Commissioners International.
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>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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