,,ii #aafth ,,congress #ast ,session ,s4 #ahbj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ab1 #bjai,mrs4 ,gillibrand 7for herself and ,ms4 ,mc,sally7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to improve the integrity and safety of horseracing by requiring a uniform anti-doping and medication control program to be developed and enforced by an independent ,horseracing ,anti-,doping and ,medication ,control ,authority4 #a4 ,short title ,this ,act may be cited as the ,horseracing ,integrity ,act of #bjai4 #b4 ,findings ,congress finds the following3 7#a7 ,recognizing the substantial relation that horseracing has to interstate commerce1 ,congress enacted the ,interstate ,horseracing ,act of #aigh 7#ae ,u4,s4,c4 #cjja et seq47 to regulate pari-mutuel wagering on horseracing in order to protect and further the horseracing industry of the ,united ,states4 ,this ,act does not modify or supplement the ,interstate ,horseracing ,act of #aigh or impair or restrict the operation and enforcement of ,state law or regulation of horseracing with respect to matters unrelated to anti-doping and medication control or for violations of ,state or ,federal criminal law4 7#b7 ,approximately #dj percent of the #fce1hij starts by ,thoroughbred1 ,quarter ,horse1 and ,standardbred racehorses in #bjah were made by horses that competed in more than one ,state4 ,those ,thoroughbred1 ,quarter ,horse1 and ,standardbred racehorses which participated in races in more than one ,state in #bjah made over #ee percent of all ,united ,states racing starts that year4 7#c7 ,uniform adoption of national anti-doping and medication control standards for horseracing in the ,united ,states will promote interstate commerce1 encourage fair competition and a level playing field1 assure full and fair disclosure of information to purchasers of breeding stock and to the wagering public1 will improve the marketplace for domestic and international sales of ,united ,states horses1 will provide a platform for consistency with all major international horseracing standards1 address growing domestic concerns over disparities with international rules1 and provide for the safety and welfare of horses and jockeys4 7#d7 ,the use of therapeutic medications in horseracing in the ,united ,states must place the health and welfare of the horse at the highest level of priority while achieving consistency with the uses permitted in major international horseracing jurisdictions4 ,because the various ,states have been unable to adopt a national uniform anti-doping and medication control program1 national uniform regulations with respect to the use of1 and testing for1 drugs capable of affecting the results of a horse race and therapeutic medications used in horseracing1 such rules1 procedures1 and enforcement policies should be implemented1 consistent with internationally accepted best practices1 by an independent anti-doping and medication control organization authorized by an act of ,congress4 7#e7 ,for human sports1 ,congress has demonstrated its commitment to fair competition through legislation1 oversight1 funding1 and by its execution of an international treaty1 the ,,unesco ,international ,convention ,against ,doping in ,sport4 ,by ratifying the ,,unesco ,convention1 the ,united ,states agreed to adopt appropriate measures consistent with the principles of the ,world ,anti-,doping ,code and to take appropriate action1 including legislation1 regulation1 policies1 or administrative practices to implement that commitment4 7#f7 ,in the context of ,olympic sports1 ,congress has recognized the ,united ,states ,anti-,doping ,agency as an independent anti-doping and medication control organization possessing high-level expertise and credibility in the development and administration of an anti-doping and medication control program4 7#g7 ,congress supports the establishment of an independent anti-doping and medication control organization to ensure the wagering public's confidence in the fairness of horseracing and to strengthen and harmonize anti-doping and medication control rules and sanctions for horseracing in order to ensure fair and transparent horseraces and to deter the commission of anti-doping and medication control rule violations4 7#h7 ,the movement of horses among the ,states for the purpose of participating in covered horseraces1 the widespread acceptance1 receipt1 and transmission of wagers on covered horseraces in interstate commerce1 and the need to ensure integrity of competition in1 and wagering on1 covered horseraces warrant congressional action as set forth in this ,act4 #c4 ,definitions ,in this ,act3 7#a7 ,authority ,the term ,authority means the independent ,horseracing ,anti-,doping and ,medication ,control ,authority established by section #e4 7#b7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#c7 ,covered horserace ,the term covered horserace means any horserace that has a substantial relation to interstate commerce1 including any horserace that is the subject of interstate off-track wagers4 7#d7 ,covered horse ,the term covered horse means any ,thoroughbred1 ,quarter1 or ,standardbred horse1 beginning on the date of the horse's first timed and reported workout at a race track that participates in covered horseraces or a licensed training facility until the ,authority receives written notice that the horse has been retired4 7#e7 ,covered persons ,the term covered persons means all trainers1 owners1 veterinarians1 persons 7legal and natural7 licensed by a ,state racing commission and the agents1 assigns and employees of such persons and other horse support personnel who are engaged in the care1 training1 or racing of covered horses4 7#f7 ,equine constituencies ,the term equine constituencies means1 collectively1 the owners and breeders1 trainers1 racetracks1 veterinarians1 ,state racing commissions1 and jockeys4 7#g7 ,equine industry representative ,the term equine industry representative means an organization regularly and significantly engaged in the equine industry1 including organizations that represent the interests of1 and whose membership consists of1 owners and breeders1 trainers1 racetracks1 veterinarians1 ,state racing commissions1 and jockeys4 7#h7 ,horseracing anti-doping and medication control program ,the term horseracing anti-doping and medication control program means the program established under section #f4 7#i7 ,interstate off-track wager ,the term interstate off-track wager has the meaning given such term in section #c of the ,interstate ,horseracing ,act of #aigh 7#ae ,u4,s4,c4 #cjjb74 7#aj7 ,jockey ,the term jockey means a rider or driver of a covered horse in covered horseraces4 7#aa7 ,medication and regulatory experts ,the term medication and regulatory experts means organizations or associations that are actively involved in the establishment of equine medication standards1 or groups or associations representing entities responsible for the current regulation of the equine industry1 or groups or associations representing equine practitioners and veterinarians4 7#ab7 ,owners and breeders ,the term owners and breeders means those persons who either hold ownership interests in covered horses or who are in the business of breeding covered horses4 7#ac7 ,prohibited methods ,the term prohibited methods means any methods that are on the list of prohibited methods identified in section #f7;g74 7#ad7 ,prohibited substances ,the term prohibited substances means any substances that are on the list of prohibited substances identified in section #f7;g74 7#ae7 ,permitted methods ,the term permitted methods means those methods identified in the list of permitted methods identified in section #f7;g74 7#af7 ,permitted substances ,the term permitted substances means those substances contained in the list of permitted substances identified in section #f7;g74 7#ag7 ,racetrack ,the term racetrack means an organization licensed by a ,state racing commission to conduct covered horseraces4 7#ah7 ,state racing commission ,the term ,state racing commission means that entity designated by ,state statute or1 in the absence of statute1 by regulation1 with jurisdiction to regulate the conduct of horseracing within the ,state4 7#ai7 ,trainers ,the term trainer means an individual engaged in the training of covered horses4 7#bj7 ,veterinarian ,the term veterinarian means a licensed veterinarian who provides veterinary services to covered horses4 7#ba7 ,workout ,the term workout means a timed running of a horse over a predetermined distance not associated with a race or1 with regard to a horse taking part in harness or pace racing1 its first qualifying race4 #d4 ,jurisdiction for horseracing anti-doping and medication control matters 7a7 ,in general ,effective upon the effective date of the anti-doping and medication control program as set forth in section #aa1 the ,authority shall exercise authority over all horseracing anti-doping and medication control matters consistent with the provisions of this ,act4 7b7 ,powers and authority 7#a7 ,in general ,the ,authority shall be established as a private1 independent1 self-regulatory1 nonprofit corporation with responsibility for developing and administering an anti-doping and medication control program for covered horses1 covered persons1 and covered horseraces consistent with the provisions of this ,act4 7#b7 ,powers ,the ,authority-- 7,a7 shall have the same anti-doping and medication control powers over horseracing licensees as the ,state racing commissions have in their respective ,states with respect to-- 7i7 access to offices1 track facilities1 and other places of business of licensees2 7ii7 search and seizure2 7iii7 issuance and enforcement of subpoenas and subpoenas duces tecum2 and 7iv7 other investigatory powers2 and 7,b7 with respect to an unfair or deceptive act or practice described in section #g1 may recommend that the ,commission commence an enforcement action4 7#c7 ,consent ,as a condition of eligibility to participate in covered horseraces1 covered persons agree that they and their covered horses shall be bound by the provisions of the horseracing anti-doping and medication control program established in accordance with section #f4 7c7 ,exclusive jurisdiction and oversight 7#a7 ,jurisdiction of commission ,the ,commission shall have exclusive jurisdiction over all horseracing anti-doping and medication control matters consistent with this ,act4 7#b7 ,activities of authority ,the ,authority shall engage in activities in accordance with such rules as are approved pursuant to this ,act4 7d7 ,guiding principles ,in carrying out the provisions of this ,act1 the ,commission and the ,authority shall be guided by the findings and principles contained in section #b4 7e7 ,state compact ,the jurisdiction and authority granted to the ,commission and the ,authority under this ,act shall terminate if1 at any time after the expiration of five years following the effectiveness of the anti-doping and medication control program-- 7#a7 an interstate compact is established that includes among its members #ge percent of the ,states in which starts in covered races occurred during the calendar year preceding the formation of the compact and those ,states which collectively hosted not less than #ij percent of the total racing starts of covered horses in covered races for the two-year period preceding the formation of the compact2 and 7#b7 7,a7 all member ,states enter into and maintain an agreement with the ,authority for services consistent with the anti-doping and medication control program provided for in section #f in those ,states2 or 7,b7 the compact is drafted with public input from horseracing industry constituencies 7including trainers1 owners1 the breed registry1 veterinarians1 regulators1 race tracks1 testing laboratories1 bettors1 and jockeys7 by persons who conform to the conflict of interest restrictions set forth in section #e7;d72 obligates the compact to pay the costs of winding down the ,authority and transitioning its operations to the compact2 provides for uniform anti-doping and medication control regulations among all member ,states1 consistent with section #f and no less restrictive than the ,authority's most recent anti-doping and medication control program2 and is governed and maintained by a board1 which would include among its members persons meeting the requirements of section #e7;b71 each board member conforming to the conflict of interest restrictions set forth in section #e7;d74 ,the consent of ,congress is hereby given to interstate compacts meeting the requirements referenced in section #e7;h74 #e4 ,establishment of horseracing anti-doping and medication control authority 7a7 ,establishment ,there is established the ,horseracing ,anti-doping and ,medication ,control ,authority1 a private1 independent1 self-regulatory1 nonprofit corporation with responsibility for developing and administering an anti-doping and medication control program for covered horses1 covered persons1 and covered horseraces4 7b7 ,composition ,the ,authority shall be governed by a board 7in this section referred to as the ,board7 which shall be comprised of the following3 7#a7 ,the chief executive officer of the ,united ,states ,anti-,doping ,agency4 7#b7 ,six individuals1 selected by the ,united ,states ,anti-,doping ,agency from among members of the board of the ,united ,states ,anti-,doping ,agency4 7#c7 ,six individuals selected by the ,united ,states ,anti-,doping ,agency-- 7,a7 from among individuals who represent different equine industry constituencies2 and 7,b7 such that-- 7i7 at least #a member has expertise in equine anti-doping and medication control regulation2 7ii7 at least #a member has significant experience as an owner of covered horses or is a person with expertise in the breeding of race horses2 7iii7 at least #a member was formerly employed as an executive with a racetrack2 7iv7 at least #a member has a degree in veterinary medicine and either has expertise in equine veterinary practice with regard to race horses or expertise in veterinary research in matters affecting race horses2 7v7 at least #a member has expertise in training covered horses2 and 7vi7 at least #a member has expertise in riding covered horses as a jockey4 7c7 ,selection methodology ,in selecting individuals under subsection 7b71 the ,united ,states ,anti-,doping ,agency shall-- 7#a7 solicit lists of #b candidates each from a cross-section of equine industry representatives2 7#b7 endeavor to provide diversity among the ,board's membership between persons primarily involved with the #c breeds of racehorses1 to the greatest extent practicable and consistent with the standards for ,board membership set forth in this section2 7#c7 if ,board positions remain unfilled from the lists solicited under paragraph 7#a71 ask organizations1 groups1 and associations that represent the various equine constituencies set forth in subsection 7b77#c77;,b7 to submit an additional #b candidates from which the ,agency may fill the remaining open ,board positions2 and 7#d7 if ,board positions remain unfilled from the second set of candidate lists1 choose1 in accordance with subsection 7b71 one or more persons at large with substantial experience in the equine industry and meets the qualifications of the person described in subsection 7b7 whose position on the ,board remains to be filled4 7d7 ,conflicts of interest ,to avoid any conflict of interest1 no member of the ,board shall be-- 7#a7 an individual who has a financial interest in or provides goods or services to covered horses2 7#b7 an official or officer of any equine industry representative or serve in any governance or policymaking capacity for an equine industry representative2 or 7#c7 an employee or have a business or commercial relationship with any of the individuals or organizations described in paragraph 7#a7 or 7#b74 7e7 ,terms2 vacancies 7#a7 ,staggered terms ,the terms of members of the ,board shall be #c years and shall be staggered so that the terms of no more than #e members of the ,board expire in any year4 7#b7 ,limitation on consecutive terms ,members of the ,board may serve for no more than #b consecutive full terms4 7#c7 ,vacancies ,vacancies among ,board positions held by equine industry candidates shall be filled pursuant to the provisions of subsection 7b7 and any other vacancies shall be filled pursuant to the provisions of the rules of the ,authority4 ,at any time after the expiration of #e years following the date on which initial selection and appointment of the members of the ,board of the ,authority is completed under section #e1 the ,united ,states ,anti-,doping ,agency may withdraw from participation in the ,authority and direct its chief executive officer and board members to resign their memberships on the ,board of the ,authority4 ,following receipt of such resignations by the ,authority1 the remaining members of the ,board of the ,authority shall select new ,board members to fill the vacant positions in the same manner as is provided in paragraphs 7#a7 through 7#d7 of subsection 7c74 7f7 ,standing committees 7#a7 ,in general ,the ,authority shall establish one or more standing advisory and technical committees1 which shall include qualified representatives from horseracing industry constituencies1 including trainers1 owners1 the breed registry1 veterinarians1 regulators1 race tracks1 testing laboratories1 bettors1 and jockeys4 7#b7 ,committee on ,development and ,maintenance of the ,horseracing ,anti-,doping and ,medication ,control ,program ,the ,authority shall establish a standing advisory committee1 which shall include medication and regulatory experts and other representatives from horseracing industry constituencies1 to provide advice and guidance to the ,board on the development and maintenance of the horseracing anti-doping and medication control program4 7#c7 ,chairperson of committee on permitted and prohibited substances and methods ,the ,authority shall appoint the ,board member selected pursuant to subsection 7b77#c77;,b77i7 to serve as the chairperson of the standing advisory and technical committee on permitted and prohibited substances and methods4 7#d7 ,duties ,the committees established under paragraph 7#a7 shall assist the ,authority in establishing and administering the horseracing anti-doping and medication control program4 7#e7 ,committee conflicts of interest ,no standing committee members1 other than those who are members of the ,board of the ,authority or employees of the ,authority1 shall be subject to the conflict of interest provisions set forth in section #e7;d74 7g7 ,administration of the ,authority 7#a7 ,administrative structure ,the ,authority shall establish an administrative structure and employ among its staff employees with sufficient experience in and knowledge of equine-related and anti-doping and medication control matters as appropriate to carry out the responsibilities set forth in this ,act4 7#b7 ,employees generally ,the ,board of the ,authority shall select the ,authority's chief executive officer4 ,all ,authority employees shall serve at the pleasure of the ,authority's chief executive officer4 ,all ,authority employees shall be subject to the conflict of interest revisions applicable to members of the ,board of the ,authority as set forth in section #e7;d74 7h7 ,oversight of ,rules ,prescribed by the ,authority 7#a7 ,filing requirement ,the ,authority shall file with the ,commission1 in accordance with such rules as the ,commission may prescribe1 copies of any proposed rule or change to any rule 7collectively proposed rule7 of the ,authority4 ,proposed rule means the lists of permitted and prohibited substances2 laboratory standards for accreditation and protocols2 schedules of sanctions for violations2 processes and procedures for disciplinary hearings2 and formula and methodology for determining assessments set out in section #ab7;d74 7#b7 ,publication and comment 7,a7 ,in general ,the ,commission shall publish the proposed rule and provide interested persons an opportunity to comment4 7,b7 ,approval required ,no proposed rule shall take effect unless it has been approved by the ,commission4 7#c7 ,approval 7,a7 ,period ,the ,commission shall approve or disapprove a proposed rule no later than #de days after the proposed rule is published4 7,b7 ,conditions ,the ,commission shall approve a proposed rule if it finds that such proposed rule is consistent with the requirements of this ,act and the rules and regulations promulgated by the ,commission4 7i7 ,oversight of ,final ,decisions of the ,authority 7#a7 ,notice of sanctions ,if the ,authority imposes any final sanction1 the ,authority shall promptly file notice thereof with the ,commission in such form as the ,commission may require4 7#b7 ,review by administrative law judge 7,a7 ,application for review ,all final sanctions of the ,authority shall be subject to review by an administrative law judge appointed pursuant to this ,act upon application by the ,commission or any person aggrieved by such final sanction filed within #cj days after the date such notice was filed with the ,commission4 7,b7 ,appointment of administrative law judge ,the ,commission shall appoint one or more administrative law judges to serve a term of seven years unless earlier removed by the ,commission for cause4 ,at the time of his_/her appointment1 the administrative law judge shall have been a practicing lawyer for at least ten years and shall have demonstrated expertise in matters relating to horseracing and anti-doping and medication control4 7,c7 ,nature of review ,in matters reviewed pursuant to this subsection1 the administrative law judge shall conduct a hearing in a manner as the ,commission may specify by rule4 ,such hearing shall conform to section #eef of title #e1 ,united ,states ,code4 ,the administrative law judge shall determine whether-- 7i7 a person has engaged in such acts or practices or has omitted such acts or practices as the ,authority has found the person to have engaged in or omitted2 and 7ii7 such acts1 practices1 or omissions are in violation of the ,act or the anti-doping and medication control rules approved by the ,commission4 7,d7 ,decision by administrative law judge ,the administrative law judge shall render a decision within #fj days of the conclusion of the hearing4 ,such decision may affirm1 reverse1 modify1 set aside1 or remand for further proceedings1 in whole or in part1 the final sanction of the ,authority4 ,such decision shall constitute the decision of the ,commission without further proceedings unless there is a timely notice or application for review filed pursuant to paragraph 7#c74 7#c7 ,review by commission 7,a7 ,notice of review by commission ,the ,commission may1 on its own motion1 review any decision of the administrative law judge rendered pursuant to subsection 7i77#b7 by giving notice thereof to the ,authority and interested parties within #cj days of the decision by the administrative law judge4 7,b7 ,application for review ,the ,authority or any person aggrieved by the decision of an administrative law judge rendered pursuant to subsection 7i77#b7 may petition the ,commission to review such decision by filing an application for review within #cj days of the rendering of such decision4 ,if such application is denied1 the decision of the administrative law judge shall constitute the decision of the ,commission without further proceedings4 ,whether to grant review is within the ,commission's discretion1 provided however that the ,commission may grant review only where the application therefor demonstrates3 7i7 a prejudicial error was committed in the conduct of the proceeding2 or 7ii7 the decision embodies an erroneous application of the anti-doping and medication rules previously approved by the ,commission4 7,c7 ,nature of review ,in matters reviewed pursuant to this subsection1 the ,commission may affirm1 reverse1 modify1 set aside or remand for further proceedings1 in whole or in part1 on the basis of the record before the administrative law judge and briefs submitted to the ,commission4 ,the ,commission shall give deference to a factual finding by the administrative law judge unless such finding is clearly erroneous4 ,the ,commission shall review a conclusion of law by the administrative law judge de novo4 ,the ,commission shall not permit the taking of additional evidence except upon a showing that such additional evidence is material and that such evidence could not in the exercise of reasonable diligence have been adduced previously4 7#d7 ,stay of proceedings ,review by an administrative law judge or the ,commission pursuant to subsection 7i7 shall not operate as a stay of any final sanction of the ,authority unless the administrative law judge or ,commission otherwise orders4 #f4 ,horseracing anti-doping and medication control program required 7a7 ,program required ,not later than #a year after the date on which initial selection and appointment of the members of the board of the ,authority is completed under section #e and after notice to and with appropriate opportunity for comment from equine industry representatives and the public1 the ,authority shall develop and administer the horseracing anti-doping and medication control program for covered horses1 covered persons1 and covered horseraces4 ,to the extent practicable1 such program shall take into account the unique characteristics of each separate breed of horse4 7b7 ,elements of program ,the horseracing anti-doping and medication control program shall include the following3 7#a7 ,a uniform set of anti-doping and medication control rules4 7#b7 ,lists of permitted and prohibited substances 7which may include1 without limitation1 drugs1 medications1 naturally occurring substances and synthetically occurring substances7 and methods4 7#c7 ,a prohibition upon the administration of any prohibited or otherwise permitted substance to a covered horse within #bd hours of its next racing start1 which shall be effective not later than ,january #a1 #bjai4 7#d7 ,a process for sample collection4 7#e7 ,programs for in-competition and out-of-competition testing 7including no-advance-notice testing and mandatory reporting of each horse's location for testing74 7#f7 ,testing procedures1 standards1 and protocols for both in-competition and out-of-competition testing4 7#g7 ,laboratory standards for accreditation and testing requirements1 procedures1 and protocols4 7#h7 ,the undertaking of investigations at racetrack and non-racetrack facilities related to anti-doping and medication control rule violations4 7#i7 ,procedures for investigating1 charging1 and adjudicating violations and for the enforcement of sanctions for violations4 7#aj7 ,a schedule of sanctions for violations4 7#aa7 ,disciplinary hearings1 which may include binding arbitration1 sanctions and research4 7#ab7 ,management of violation results4 7#ac7 ,programs relating to anti-doping and medication control research and education4 7c7 ,applicability to covered horses and persons 7#a7 ,in general ,the equine horseracing anti-doping and medication control program developed and administered pursuant to subsection 7a7 shall apply to all covered horses1 covered persons1 and covered horseraces4 7#b7 ,agreement by covered persons ,as a condition of eligibility to participate in covered horseraces1 covered persons shall agree that they and their covered horses shall be bound by the provisions of the horseracing anti-doping and medication control program4 7d7 ,limitation of authority 7#a7 ,prospective application ,the jurisdiction and authority of the ,commission and ,authority with respect to the horseracing anti-doping and medication control program shall be prospective only4 7#b7 ,no authority over previous matters ,neither the ,commission nor the ,authority shall have authority or responsibility to investigate1 prosecute1 adjudicate1 or penalize conduct occurring prior to the effective date of the horseracing anti-doping and medication control program4 7#c7 ,preservation of state racing commission authority over previous matters ,state racing commissions shall retain authority over matters described in paragraph 7#b7 until the final resolution of any resulting charges4 7e7 ,considerations ,the horseracing anti-doping and medication control program shall take into consideration international anti-doping and medication control standards1 including the ,world ,anti-,doping ,code and the ,principles of ,veterinary ,medical ,ethics of the ,american ,veterinary ,medical ,association1 that could be applicable to the horseracing anti-doping and medication control program4 7f7 ,updates ,the ,authority shall update the horseracing anti-doping and medication control program from time to time4 7g7 ,lists of prohibited substances and methods 7#a7 ,in general ,the ,authority shall1 by rule develop1 maintain1 and publish lists of permitted and prohibited substances and methods4 7#b7 ,contents ,the initial list1 which shall be subject to such future changes as the ,authority considers appropriate and which shall be in effect until amended by the ,authority1 of prohibited substances and methods shall include any substance or method that is included on either-- 7,a7 class #a1 #b1 #c1 and #d drugs1 medications1 and substances in the ,uniform ,classification ,guidelines for ,foreign ,substances of the ,association of ,racing ,commissioners ,international1 ,version #ad4j1 revised ,january #bjai2 or 7,b7 the ,world ,anti-,doping ,code ,international ,standard ,prohibited ,list1 ,january #bjai1 unless and to the extent that such a substance or method described in subparagraph 7,a7 or 7,b7 is contained on the list of permitted substances and methods identified on the ,association of ,racing ,commissioners ,international ,controlled ,therapeutic ,medication ,schedule for ,horses1 ,version #d4a1 revised ,january #bjai4 7#c7 ,deadlines for lists 7,a7 ,developed and published ,the lists of permitted and prohibited substances and methods1 including all modifications to the initial lists1 shall be developed and published not later than the date that is #abj days before the date on which the horseracing anti-doping and medication control programs goes into effect under section #f7;a74 7,b7 ,effective ,the lists described in subparagraph 7,a7 shall take effect on the date that is #a year after the date on which initial selection and appointment of the members of the board of the ,authority is completed under section #e4 7#d7 ,periodic review 7,a7 ,in general ,the inclusion of permitted or prohibited substances or methods on the lists shall be subject to periodic review by the ,authority1 which shall be subject to review by the ,commission under section #d1 for modification1 substitution1 addition to1 or deletion from the lists4 7,b7 ,establishment of notice1 consultation1 and comment process ,the ,authority shall establish a notice1 consultation1 and comment process for the periodic reviews carried out under subparagraph 7,a7 that involves industry representatives and the public4 7h7 ,anti-,doping and medication control rule violations 7#a7 ,in general ,the ,authority1 after notice to and with appropriate opportunity for comment from industry representatives and the public1 shall establish1 by rule1 a list of anti-doping and medication control rule violations applicable to either horses or covered persons4 7#b7 ,elements ,the list established under paragraph 7#a7 may include the following3 7,a7 ,strict liability for the presence of a prohibited substance or method in a horse's sample or the use of a prohibited substance or method4 7,b7 ,strict liability for the presence of a permitted substance in a horse's sample in excess of the amount allowed by the horseracing anti-doping and medication control program4 7,c7 ,strict liability for the use of a permitted method in violation of the applicable limitations established within the horseracing and medication control program4 7,d7 ,attempted use of a prohibited substance or method4 7,e7 ,possession of any prohibited substance or method4 7,f7 ,attempted possession of any prohibited substance or method4 7,g7 ,administration or attempted administration of any prohibited substance or method4 7,h7 ,refusing or failing without compelling justification to submit a horse for sample collection4 7,i7 ,tampering or attempted tampering with any part of doping control4 7,j7 ,trafficking or attempted trafficking in any prohibited substance or method and complicity in any anti-doping and medication control rule violation4 7i7 ,testing laboratories 7#a7 ,in general ,not later than #a year after the date on which initial selection and appointment of the members of the board of the ,authority is completed under section #e1 the ,authority shall establish by rule standards of accreditation for laboratories involved in the testing of samples taken from covered horses1 the process for achieving and maintaining accreditation1 and the standards and protocols for testing of samples4 7#b7 ,extension of provisional or interim accreditation ,the ,authority may1 by rule1 extend provisional or interim accreditation to laboratories accredited by the ,racing ,medication and ,testing ,consortium1 ,inc4 7#c7 ,selection of laboratories by states ,each ,state racing commission1 if it so elects1 shall determine the laboratory to be used in testing samples taken within its jurisdiction1 provided that the laboratory selected has been accredited by1 and complies with the testing protocols and standards established by1 the ,authority4 7#d7 ,selection of laboratories by the authority ,if a ,state racing commission does not elect to determine the laboratory to be used in testing samples taken within its jurisdiction1 the ,authority shall by rule1 make the selection4 7j7 ,results management and disciplinary process 7#a7 ,in general ,not later than #a year after the date on which initial selection and appointment of the members of the board of the ,authority is completed under section #e1 the ,authority1 after notice to and with appropriate opportunity for comment from equine industry representatives and the public1 shall promulgate rules for anti-doping and medication control results management and the disciplinary process for anti-doping and medication control rule violation results management1 including the following3 7,a7 ,provisions for notification of anti-doping and medication control rule violations4 7,b7 ,hearing procedures4 7,c7 ,burden of proof4 7,d7 ,presumptions4 7,e7 ,evidentiary rules4 7,f7 ,appeals4 7,g7 ,guidelines for confidentiality and public reporting of decisions4 7#b7 ,due process ,the rules promulgated under paragraph 7#a7 shall provide for adequate due process1 including impartial hearing officers or tribunals commensurate with the seriousness of the alleged anti-doping and medication control rule violation and the possible sanctions for such violation4 7k7 ,sanctions 7#a7 ,in general ,the ,authority1 after notice to and with appropriate opportunity for comment from industry representatives and the public1 shall promulgate uniform rules imposing sanctions against covered persons or covered horses for anti-doping and medication control rule violations4 7#b7 ,requirements ,the rules promulgated under paragraph 7#a7 shall-- 7,a7 take into account the unique aspects of horseracing2 7,b7 be designed to ensure fair and transparent horseraces2 and 7,c7 deter the commission of anti-doping and medication control rule violations4 7#c7 ,severity ,the rules promulgated under paragraph 7#a7 shall impose sanctions up to and including lifetime bans from horseracing1 disgorgement of purses1 monetary fines and penalties and changes to the order of finish in covered races4 ,the sanctioning rules shall also include opportunities for anti-doping and medication control rule violators to reduce the otherwise applicable sanctions generally comparable to those opportunities afforded by the ,united ,states ,anti-,doping ,agency's ,protocol for ,olympic ,movement ,testing4 7l7 ,enforcement ,in addition to any penalties or sanctions imposed in accordance with the provisions of the horseracing anti-doping and medication control program1 whenever it shall appear to the ,authority that one has engaged1 is engaged or is about to engage in acts or practices constituting a violation of any provision of this ,act or the horseracing anti-doping and medication control program1 the ,authority may commence a civil action against such covered person or any racetrack in the proper district court of the ,united ,states1 the ,united ,states ,district ,court for the ,district of ,columbia1 or the ,united ,states courts of any territory or other place subject to the jurisdiction of the ,united ,states1 to enjoin such acts or practices1 to enforce any fines1 penalties or other sanctions imposed in accordance with the provisions of the anti-doping and medication control program and for all other relief to which the ,authority may be entitled4 ,upon a proper showing1 a permanent or temporary injunction or restraining order shall be granted without bond4 7m7 ,periodic ,assessments by ,comptroller ,general of the ,united ,states 7#a7 ,assessments ,following the third anniversary of the date on which the anti-doping and medication control program identified in section #f takes effect and not less frequently than once every #d years thereafter1 the ,comptroller ,general of the ,united ,states shall review and analyze results of the such program in comparison to the results of similar equine anti-doping and medication control programs in major foreign racing jurisdictions4 7#b7 ,gathering assessments from industry representatives ,in conjunction with review and analysis required by paragraph 7#a71 the ,comptroller ,general may invite persons representing the significant facets of the horseracing industry1 including associations and individuals representing racetracks1 breeders1 owners1 trainers1 veterinarians1 jockeys1 bettors1 equine researchers1 and organizations dedicated to the welfare and safety of covered horses1 to collectively meet with and provide testimony to the ,comptroller ,general for the purpose of gathering further assessments on the performance and effectiveness of the ,authority and the anti-doping and medication control program4 7#c7 ,reports ,upon the conclusion of a review and analysis under paragraph 7#a71 the ,comptroller ,general shall submit to ,congress a report on such review and analysis with an assessment of the performance of the ,authority and the ,commission concerning their effectiveness as an anti-doping and medication control organization and the efficiency of the horseracing anti-doping and medication control program4 #g4 ,unfair or deceptive acts or practices ,the sale of a ,thoroughbred1 ,quarter1 or ,standardbred horse shall be considered an unfair or deceptive act or practice in or affecting commerce under section #e7;a7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7;a77 if the seller -- 7a7 knows or has reason to know the horse has been administered-- 7#a7 a bisphosphonate2 or 7#b7 any other substance that the ,authority determines has a long-term degrading effect on the soundness of the horse2 and 7b7 fails to disclose to the buyer the administration of the bisphosphonate or other substance4 #h4 ,other laws unaffected ,this ,act shall not be construed to modify1 impair1 or restrict the operation or effectiveness of ,state or ,federal statutes and regulations directed at-- 7#a7 any of the consents1 approvals1 or agreements required by the ,interstate ,horseracing ,act of #aigh2 7#b7 criminal conduct by covered persons and others2 7#c7 horseracing matters unrelated to anti-doping and medication control as addressed in this ,act2 or 7#d7 the use of medication in human participants in covered races4 #i4 ,state delegation2 duty of cooperation 7a7 ,state delegation 7#a7 ,in general ,the ,authority may enter into agreements with one or more ,state racing commissions to implement within their respective jurisdictions any of the components of the horseracing anti-doping and medication control program established by the ,authority if the ,authority determines that a particular ,state racing commission will be able to implement a component of the horseracing anti-doping and medication control program in accordance with the standards and requirements established by the ,authority4 7#b7 ,duration of agreements ,any agreement entered into under paragraph 7#a7 shall remain in effect as long as the ,authority determines the applicable racing commission to be implementing the components of the medication regulation program covered by the agreement in compliance with the standards and requirements established by the ,authority4 7b7 ,duty of cooperation ,where conduct by any person subject to the horseracing anti-doping and medication control program may involve both an anti-doping and medication control rule violation and violation of ,state or ,federal law1 this ,act imposes a duty to cooperate and share information between the ,authority and ,state and ,federal law enforcement authorities4 #aj4 ,rules of construction ,the ,authority shall not have the power to impose criminal sanctions and shall not be considered nor construed to be an agent of1 or an actor on behalf of1 the ,united ,states ,government or any ,state4 #aa4 ,effective date 7a7 ,in general ,the horseracing anti-doping and medication control program shall take effect not later than the date that is #a year after the date on which initial selection and appointment of the members of the board of the ,authority is completed under section #e4 7b7 ,transition ,the ,authority and ,state regulatory authorities shall work cooperatively to develop transition rules with respect to doping conduct1 sanctions1 and investigations arising prior to the effective date of the horseracing anti-doping and medication control program4 #ab4 ,funding 7a7 ,rule of construction ,nothing in this ,act shall be construed to require-- 7#a7 the appropriation of any amount to the ,authority2 or 7#b7 the ,federal ,government to guarantee the debts of the ,authority4 7b7 ,initial funding 7#a7 ,in general ,initial funding to establish the ,authority and underwrite its operations prior to the effective date shall be provided by loans obtained by and donations made to the ,authority4 7#b7 ,borrowing and accepting donations ,the ,authority may borrow money and accept private donations and contributions toward the funding of its operations4 7#c7 ,annual calculation of amounts required 7,a7 ,in general ,not later than the date that is #ij days before the date set forth in section #aa7;a7 and not later than ,november #a of each year thereafter1 the ,authority shall determine and provide to each ,state racing commission the estimated amount required per racing starter to fund the horseracing anti-doping and medication control program for the coming year and to liquidate any loans or funding shortfall in the current year and any prior years4 7,b7 ,basis of calculation ,the amount calculated under subparagraph 7,a7 shall be based upon the annual budget of the ,authority for the succeeding year1 as approved by the board of the ,authority4 7,c7 ,requirements regarding budgets of authority ,the ,authority's initial budget shall require the approval of #b_/c of its board and any subsequent budget that exceeds the preceding year's budget by more than #e percent shall also require the approval of #b_/c of the board of the ,authority4 7c7 ,assessment and collection of fees by states 7#a7 ,notice of election ,any ,state racing commission that elects to remit fees pursuant to this subsection shall notify the ,authority of such election at least #fj days prior to the adoption of the horseracing anti-doping and medication control program4 7#b7 ,requirement to remit fees ,once a ,state racing commission makes such notification1 the election shall remain in effect and the ,state racing commission shall be required to remit fees pursuant to this subsection4 7#c7 ,withdrawal of election ,a ,state racing commission may withdraw its election after providing notice to the ,authority of its intent to cease remitting fees pursuant to this subsection not later than #a year before ceasing such remitting4 7#d7 ,schedule of remittance ,each ,state racing commission that elects to remit fees shall remit to the ,authority on or before the #bjth day of each calendar month an amount equal to the applicable fee per racing start multiplied by the number of racing starts in the ,state in the previous month4 7#e7 ,determinations of methods ,each ,state racing commission shall determine1 subject to the applicable laws and regulations of the ,state1 the method by which the requisite amount shall be allocated1 assessed1 and collected4 7#f7 ,sense of ,congress ,it is the sense of ,congress that funding mechanisms imposed by ,state racing commissions should apportion the funding burden fairly among all impacted segments of the horseracing industry and may include check-off programs4 7d7 ,assessment and collection of fees by the authority 7#a7 ,calculation ,in the event a ,state racing commission does not elect to remit fees pursuant to subsection 7c7 or withdraws its election under such subsection1 the ,authority shall calculate each month the applicable fee per racing start multiplied by the number of racing starts in the ,state in the previous month4 7#b7 ,allocation ,the ,authority shall equitably allocate that amount calculated under paragraph 7#a71 among those involved in covered horseraces pursuant to such rules as the ,authority may promulgate1 subject to review by the ,commission under section #d4 7#c7 ,assessment ,the ,authority shall assess a fee equal to the allocation made under paragraph 7#b7 and shall collect such fee according to such rules as the ,authority may promulgate1 subject to such ,commission review4 7#d7 ,limitation ,a ,state racing commission that does not elect to remit fees pursuant to subsection 7c7 or that withdraws its election under such subsection shall not impose or collect from any person a fee or tax relating to anti-doping and medication control matters for covered horseraces4