Sec. 6. Horseracing anti-doping and medication control program required
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Not later than 1 year after the date on which initial selection and appointment of the members of the board of the Authority is completed under section 5 and after notice to and with appropriate opportunity for comment from equine industry representatives and the public, the Authority shall develop and administer the horseracing anti-doping and medication control program for covered horses, covered persons, and covered horseraces. The horseracing anti-doping and medication control program shall include the following:
A uniform set of anti-doping and medication control rules. Lists of permitted and prohibited substances (which may include, without limitation, drugs, medications, naturally occurring substances and synthetically occurring substances) and methods. A prohibition upon the administration of any prohibited or otherwise permitted substance to a covered horse within 24 hours of its next racing start, which shall be effective not later than January 1, 2019. A process for sample collection.
Programs for in-competition and out-of-competition testing (including no-advance-notice testing and mandatory reporting of each horse’s location for testing). Testing procedures, standards, and protocols for both in-competition and out-of-competition testing. Laboratory standards for accreditation and testing requirements, procedures, and protocols. The undertaking of investigations at racetrack and non-racetrack facilities related to anti-doping and medication control rule violations.
Procedures for investigating, charging, and adjudicating violations and for the enforcement of sanctions for violations. A schedule of sanctions for violations. Disciplinary hearings, which may include binding arbitration, sanctions and research. Management of violation results. Programs relating to anti-doping and medication control research and education. The equine horseracing anti-doping and medication control program developed and administered pursuant to subsection
(a)shall apply to all covered horses, covered persons, and covered horseraces. As a condition of eligibility to participate in covered horseraces, covered persons shall agree that they and their covered horses shall be bound by the provisions of the horseracing anti-doping and medication control program. The jurisdiction and authority of the Commission and Authority with respect to the horseracing anti-doping and medication control program shall be prospective only. Neither the Commission nor the Authority shall have authority or responsibility to investigate, prosecute, adjudicate, or penalize conduct occurring prior to the effective date of the horseracing anti-doping and medication control program. State racing commissions shall retain authority over matters described in paragraph
(2)until the final resolution of any resulting charges. The horseracing anti-doping and medication control program shall take into consideration international anti-doping and medication control standards, including the World Anti-Doping Code and the Principles of Veterinary Medical Ethics of the American Veterinary Medical Association, that could be applicable to the horseracing anti-doping and medication control program. The Authority shall update the horseracing anti-doping and medication control program from time to time. The Authority shall, by rule develop, maintain, and publish lists of permitted and prohibited substances and methods. The initial list, which shall be subject to such future changes as the Authority considers appropriate and which shall be in effect until amended by the Authority, of prohibited substances and methods shall include any substance or method that is included on either— class 1, 2, 3, and 4 drugs, medications, and substances in the Uniform Classification Guidelines for Foreign Substances of the Association of Racing Commissioners International, Version 13.0, revised December 2016; or the 2017 Prohibited List, International Standard, of the World Anti-Doping Code, unless and to the extent that such a substance or method described in subparagraph
(A)or
(B)is contained on the list of permitted substances and methods identified on the Association of Racing Commissioners International Therapeutic Medication Schedule for Horses, Version 3.2, revised December 2016. The lists of permitted and prohibited substances and methods, including all modifications to the initial lists, shall be developed and published not later than the date that is 120 days before the date on which the horseracing anti-doping and medication control programs goes into effect under section 6(a). The lists described in subparagraph
(A)shall take effect on the date that is 1 year after the date on which initial selection and appointment of the members of the board of the Authority is completed under section 5. The inclusion of permitted or prohibited substances or methods on the lists shall be subject to periodic review by the Authority, which shall be subject to review by the Commission under section 4, for modification, substitution, addition to, or deletion from the lists. The Authority shall establish a notice, consultation, and comment process for the periodic reviews carried out under subparagraph
(A)that involves industry representatives and the public. The Authority, after notice to and with appropriate opportunity for comment from industry representatives and the public, shall establish, by rule, a list of anti-doping and medication control rule violations applicable to either horses or covered persons. The list established under paragraph
(1)may include the following: Strict liability for the presence of a prohibited substance or method in a horse’s sample or the use of a prohibited substance or method. Strict liability for the presence of a permitted substance in a horse’s sample in excess of the amount allowed by the horseracing anti-doping and medication control program. Strict liability for the use of a permitted method in violation of the applicable limitations established within the horseracing and medication control program. Attempted use of a prohibited substance or method. Possession of any prohibited substance or method. Attempted possession of any prohibited substance or method. Administration or attempted administration of any prohibited substance or method. Refusing or failing without compelling justification to submit a horse for sample collection. Tampering or attempted tampering with any part of doping control. Trafficking or attempted trafficking in any prohibited substance or method and complicity in any anti-doping and medication control rule violation. Not later than 1 year after the date on which initial selection and appointment of the members of the board of the Authority is completed under section 5, the Authority shall establish by rule standards of accreditation for laboratories involved in the testing of samples taken from covered horses, the process for achieving and maintaining accreditation, and the standards and protocols for testing of samples. The Authority may, by rule, extend provisional or interim accreditation to laboratories accredited by the Racing Medication and Testing Consortium, Inc. Each State racing commission, if it so elects, shall determine the laboratory to be used in testing samples taken within its jurisdiction, provided that the laboratory selected has been accredited by, and complies with the testing protocols and standards established by, the Authority. If a State racing commission does not elect to determine the laboratory to be used in testing samples taken within its jurisdiction, the Authority shall by rule, make the selection. Not later than 1 year after the date on which initial selection and appointment of the members of the board of the Authority is completed under section 5, the Authority, after notice to and with appropriate opportunity for comment from equine industry representatives and the public, shall promulgate rules for anti-doping and medication control results management and the disciplinary process for anti-doping and medication control rule violation results management, including the following: Provisions for notification of anti-doping and medication control rule violations. Hearing procedures. Burden of proof. Presumptions. Evidentiary rules. Appeals. Guidelines for confidentiality and public reporting of decisions. The rules promulgated under paragraph
(1)shall provide for adequate due process, including impartial hearing officers or tribunals commensurate with the seriousness of the alleged anti-doping and medication control rule violation and the possible sanctions for such violation. The Authority, after notice to and with appropriate opportunity for comment from industry representatives and the public, shall promulgate uniform rules imposing sanctions against covered persons or covered horses for anti-doping and medication control rule violations. The rules promulgated under paragraph
(1)shall— take into account the unique aspects of horseracing; be designed to ensure fair and transparent horseraces; and deter the commission of anti-doping and medication control rule violations. The rules promulgated under paragraph
(1)shall impose sanctions up to and including lifetime bans from horseracing, disgorgement of purses, monetary fines and penalties and changes to the order of finish in covered races. The sanctioning rules shall also include opportunities for anti-doping and medication control rule violators to reduce the otherwise applicable sanctions generally comparable to those opportunities afforded by the United States Anti-Doping Agency’s Protocol for Olympic Movement Testing. In addition to any penalties or sanctions imposed in accordance with the provisions of the horseracing anti-doping and medication control program, whenever it shall appear to the Authority that one has engaged, is engaged or is about to engage in acts or practices constituting a violation of any provision of this Act or the horseracing anti-doping and medication control program, the Authority may commence a civil action against such covered person or any racetrack in the proper district court of the United States, the United States District Court for the District of Columbia, or the United States courts of any territory or other place subject to the jurisdiction of the United States, to enjoin such acts or practices, to enforce any fines, penalties or other sanctions imposed in accordance with the provisions of the anti-doping and medication control program and for all other relief to which the Authority may be entitled. Upon a proper showing, a permanent or temporary injunction or restraining order shall be granted without bond. Following the third anniversary of the date on which the anti-doping and medication control program identified in section 6 takes effect and not less frequently than once every 4 years thereafter, the Comptroller General of the United States shall review and analyze results of the such program in comparison to the results of similar equine anti-doping and medication control programs in major foreign racing jurisdictions. In conjunction with review and analysis required by paragraph (1), the Comptroller General may invite persons representing the significant facets of the horseracing industry, including associations and individuals representing racetracks, breeders, owners, trainers, veterinarians, jockeys, bettors, equine researchers, and organizations dedicated to the welfare and safety of covered horses, to collectively meet with and provide testimony to the Comptroller General for the purpose of gathering further assessments on the performance and effectiveness of the Authority and the anti-doping and medication control program. Upon the conclusion of a review and analysis under paragraph (1), the Comptroller General shall submit to Congress a report on such review and analysis with an assessment of the performance of the Authority and the Commission concerning their effectiveness as an anti-doping and medication control organization and the efficiency of the horseracing anti-doping and medication control program.