119-hr3378

[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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