H.R. 3378

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3378 Introduced in House (IH)]

<DOC>

119th CONGRESS
1st Session
H. R. 3378

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

May 14, 2025

Mr. Higgins of Louisiana (for himself, Mr. Davis of North Carolina, and 
Mr. Cole) 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 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 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 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 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.

SEC. 103. EXEMPTION FROM THE FEDERAL ADVISORY COMMITTEE ACT.

RHSO and any committee or subcommittee of 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 
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; or
(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. 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;
(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; 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, 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.
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