,,ii #aafth ,,congress #b;d ,session ,s4 #dedg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #i1 #bjbj,mr4 ,mc,connell 7for himself1 ,mrs4 ,gillibrand1 ,ms4 ,mc,sally1 and ,mrs4 ,feinstein7 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 uniform safety and performance standards1 including a horseracing anti-doping and medication control program and a racetrack safety program to be developed and enforced by an independent ,horseracing ,integrity and ,safety ,authority1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,horseracing ,integrity and ,safety ,act of #bjbj4 #b4 ,definitions ,in this ,act3 7#a7 ,authority ,the term ,authority means the ,horseracing ,integrity and ,safety ,authority designated by section #c7;a74 7#b7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#c7 ,covered horse ,the term covered horse means any ,thoroughbred horse1 or any other horse made subject to this ,act by election of the applicable ,state racing commission or the breed governing organization for such horse under section #e7k71 during the period-- 7,a7 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 facility2 and 7,b7 ending on the date on which the ,authority receives written notice that the horse has been retired4 7#d7 ,covered horserace ,the term covered horserace means any horserace involving covered horses that has a substantial relation to interstate commerce1 including any ,thoroughbred horserace that is the subject of interstate off-track or advance deposit wagers4 7#e7 ,covered persons ,the term covered persons means all trainers1 owners and breeders1 jockeys1 racetracks1 veterinarians1 persons 7legal and natural7 licensed by a ,state racing commission and the agents1 assigns1 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 owners and breeders1 trainers1 racetracks1 veterinarians1 ,state racing commissions1 and jockeys who are engaged in the care1 training1 or racing of covered horses4 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 anti-doping and medication program established under section #f7;a74 7#i7 ,immediate family member ,the term immediate family member shall include a spouse1 domestic partner1 mother1 father1 aunt1 uncle1 sibling1 or child4 7#aj7 ,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#aa7 ,jockey ,the term jockey means a rider or driver of a covered horse in covered horseraces4 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 ,program effective date ,the term program effective date means the earlier of-- 7,a7 ,january #a of the second year after the date of the enactment of this ,act2 or 7,b7 the date that is #edj days after such date of enactment4 7#ad7 ,racetrack ,the term racetrack means an organization licensed by a ,state racing commission to conduct covered horseraces4 7#ae7 ,racetrack safety program ,the term racetrack safety program means the program established under section #g7;a74 7#af7 ,stakes race ,the term stakes race means any race so designated by the racetrack at which such race is run1 including1 without limitation1 the races comprising the ,breeders' ,cup ,world ,championships and the races designated as graded stakes by the ,american ,graded ,stakes ,committee of the ,thoroughbred ,owners and ,breeders ,association4 7#ag7 ,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 ,state4 7#ah7 ,trainer ,the term trainer means an individual engaged in the training of covered horses4 7#ai7 ,training facility ,the term training facility means a location that is not a racetrack licensed by a ,state racing commission that operates primarily to house covered horses and conduct official timed workouts4 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 or its first qualifying race1 if such race is made subject to this ,act by election under section #e7k7 of the horse's breed governing organization or the applicable ,state racing commission4 #c4 ,recognition of the ,horseracing ,integrity and ,safety ,authority 7a7 ,in general ,the private1 independent1 self-regulatory1 nonprofit corporation1 to be known as the ,horseracing ,integrity and ,safety ,authority1 is recognized for purposes of developing and implementing a horseracing anti-doping and medication control program and a racetrack safety program for covered horses1 covered persons1 and covered horseraces4 7b7 ,board of directors 7#a7 ,membership ,the ,authority shall be governed by a board of directors 7in this section referred to as the ,board7 comprised of nine members as follows3 7,a7 ,independent members ,five members of the ,board shall be independent members selected from outside the equine industry4 7,b7 ,industry members 7i7 ,in general ,four members of the ,board shall be industry members selected from among the various equine constituencies4 7ii7 ,representation of equine constituencies ,the industry members shall be representative of the various equine constituencies1 and shall include not more than one industry member from any one equine constituency4 7#b7 ,chair ,the chair of the ,board shall be an independent member described in paragraph 7#a77;,a74 7#c7 ,bylaws ,the ,board of the ,authority shall be governed by bylaws for the operation of the ,authority with respect to-- 7,a7 the administrative structure and employees of the ,authority2 7,b7 the establishment of standing committees2 7,c7 the procedures for filling vacancies on the ,board and the standing committees2 7,d7 term limits for members and termination of membership2 and 7,e7 any other matter the ,board considers necessary4 7c7 ,standing committees 7#a7 ,anti-doping and medication control standing committee 7,a7 ,in general ,the ,authority shall establish an anti-doping and medication control standing committee1 which shall provide advice and guidance to the ,board on the development and maintenance of the horseracing anti-doping and medication control program4 7,b7 ,membership ,the anti-doping and medication control standing committee shall be comprised of seven members as follows3 7i7 ,independent members ,a majority of the members shall be independent members selected from outside the equine industry4 7ii7 ,industry members ,a minority of the members shall be industry members selected to represent the various equine constituencies1 and shall include not more than one industry member from any one equine constituency4 7iii7 ,qualification ,a majority of individuals selected to serve on the anti-doping and medication control standing committee shall have significant1 recent experience in anti-doping and medication control rules4 7,c7 ,chair ,the chair of the anti-doping and medication control standing committee shall be an independent member of the ,board described in subsection 7b77#a77;,a74 7#b7 ,racetrack safety standing committee 7,a7 ,in general ,the ,authority shall establish a racetrack safety standing committee1 which shall provide advice and guidance to the ,board on the development and maintenance of the racetrack safety program4 7,b7 ,membership ,the racetrack safety standing committee shall be comprised of seven members as follows3 7i7 ,independent members ,a majority of the members shall be independent members selected from outside the equine industry4 7ii7 ,industry members ,a minority of the members shall be industry members selected to represent the various equine constituencies4 7,c7 ,chair ,the chair of the racetrack safety standing committee shall be an industry member of the ,board described in subsection 7b77#a77;,b74 7d7 ,nominating committee 7#a7 ,membership 7,a7 ,in general ,the nominating committee of the ,authority shall be comprised of seven independent members selected from business1 sports1 and academia4 7,b7 ,initial membership ,the initial nominating committee members shall be set forth in the governing corporate documents of the ,authority4 7,c7 ,vacancies ,after the initial committee members are appointed in accordance with subparagraph 7,b71 vacancies shall be filled by the ,board pursuant to rules established by the ,authority4 7#b7 ,chair ,the chair of the nominating committee shall be selected by the nominating committee from among the members of the nominating committee4 7#c7 ,selection of members of the ,board and standing committees 7,a7 ,initial members ,the nominating committee shall select the initial members of the ,board and the standing committees described in subsection 7c74 7,b7 ,subsequent members ,the nominating committee shall recommend individuals to fill any vacancy on the ,board or on such standing committees4 7e7 ,conflicts of interest ,to avoid conflicts of interest1 the following individuals may not be selected as a member of the ,board or as an independent member of a nominating or standing committee under this section3 7#a7 ,an individual who has a financial interest in1 or provides goods or services to1 covered horses4 7#b7 ,an official or officer-- 7,a7 of an equine industry representative2 or 7,b7 who serves in a governance or policymaking capacity for an equine industry representative4 7#c7 ,an employee of1 or an individual who has a business or commercial relationship with1 an individual described in paragraph 7#a7 or 7#b74 7#d7 ,an immediate family member of an individual described in paragraph 7#a7 or 7#b74 7f7 ,funding 7#a7 ,initial funding 7,a7 ,in general ,initial funding to establish the ,authority and underwrite its operations before the program effective date shall be provided by loans obtained by the ,authority4 7,b7 ,borrowing ,the ,authority may borrow funds toward the funding of its operations4 7,c7 ,annual calculation of amounts required 7i7 ,in general ,not later than the date that is #ij days before the program effective date1 and not later than ,november #a each year thereafter1 the ,authority shall determine and provide to each ,state racing commission the estimated amount required from the ,state-- 7,i7 to fund the ,state's proportionate share of the horseracing anti-doping and medication control program and the racetrack safety program for the next calendar year2 and 7,,ii7 to liquidate the ,state's proportionate share of any loan or funding shortfall in the current calendar year and any previous calendar year4 7ii7 ,basis of calculation ,the amounts calculated under clause 7i7 shall-- 7,i7 be based on-- 7aa7 the annual budget of the ,authority for the following calendar year1 as approved by the ,board2 and 7bb7 the projected amount of covered racing starts for the year in each ,state2 and 7,,ii7 take into account other sources of ,authority revenue4 7iii7 ,requirements regarding budgets of ,authority 7,i7 ,initial budget ,the initial budget of the ,authority shall require the approval of #b_/c of the ,board4 7,,ii7 ,subsequent budgets ,any subsequent budget that exceeds the budget of the preceding calendar year by more than #e percent shall require the approval of #b_/c of the ,board4 7iv7 ,rate increases 7,i7 ,in general ,a proposed increase in the amount required under this subparagraph shall be reported to the ,commission4 7,,ii7 ,notice and comment ,the ,commission shall publish in the ,federal ,register such a proposed increase and provide an opportunity for public comment4 7#b7 ,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 not later than #fj days before the program effective date4 7,b7 ,requirement to remit fees ,after a ,state racing commission makes a notification under subparagraph 7,a71 the election shall remain in effect and the ,state racing commission shall be required to remit fees pursuant to this subsection according to a schedule established in rule developed by the ,authority and approved by the ,commission4 7,c7 ,withdrawal of election ,a ,state racing commission may cease remitting fees under this subsection not earlier than one year after notifying the ,authority of the intent of the ,state racing commission to do so4 7,d7 ,determination of methods ,each ,state racing commission shall determine1 subject to the applicable laws1 regulations1 and contracts of the ,state1 the method by which the requisite amount of fees1 such as foal registration fees1 sales contributions1 starter fees1 and track fees1 and other fees on covered persons1 shall be allocated1 assessed1 and collected4 7#c7 ,assessment and collection of fees by the ,authority 7,a7 ,calculation ,if a ,state racing commission does not elect to remit fees pursuant to paragraph 7#b7 or withdraws its election under such paragraph1 the ,authority shall1 not less frequently than monthly1 calculate the applicable fee per racing start multiplied by the number of racing starts in the ,state during the preceding month4 7,b7 ,allocation ,the ,authority shall allocate equitably the amount calculated under subparagraph 7,a7 collected among covered persons involved with covered horseraces pursuant to such rules as the ,authority may promulgate4 7,c7 ,assessment and collection 7i7 ,in general ,the ,authority shall assess a fee equal to the allocation made under subparagraph 7,b7 and shall collect such fee according to such rules as the ,authority may promulgate4 7ii7 ,remittance of fees ,covered persons described in subparagraph 7,b7 shall be required to remit such fees to the ,authority4 7,d7 ,limitation ,a ,state racing commission that does not elect to remit fees pursuant to paragraph 7#b7 or that withdraws its election under such paragraph shall not impose or collect from any person a fee or tax relating to anti-doping and medication control or racetrack safety matters for covered horseraces4 7#d7 ,fees and fines ,fees and fines imposed by the ,authority shall be allocated toward funding of the ,authority and its activities4 7#e7 ,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 7g7 ,quorum ,for all items where ,board approval is required1 the ,authority shall have present a majority of independent members4 #d4 ,federal ,trade ,commission ,oversight 7a7 ,in general ,the ,authority shall submit to the ,commission1 in accordance with such rules as the ,commission may prescribe under section #eec of title #e1 ,united ,states ,code1 any proposed rule1 or proposed modification to a rule1 of the ,authority relating to-- 7#a7 the bylaws of the ,authority2 7#b7 a list of permitted and prohibited medications1 substances1 and methods1 including allowable limits of permitted medications1 substances1 and methods2 7#c7 laboratory standards for accreditation and protocols2 7#d7 standards for racing surface quality maintenance2 7#e7 racetrack safety standards and protocols2 7#f7 a program for injury and fatality data analysis2 7#g7 a program of research and education on safety1 performance1 and anti-doping and medication control2 7#h7 a description of safety1 performance1 and anti-doping and medication control rule violations applicable to covered horses and covered persons2 7#i7 a schedule of civil sanctions for violations2 7#aj7 a process or procedures for disciplinary hearings2 and 7#aa7 a formula or methodology for determining assessments described in section #c7;f74 7b7 ,publication and comment 7#a7 ,in general ,the ,commission shall-- 7,a7 publish in the ,federal ,register each proposed rule or modification submitted under subsection 7a72 and 7,b7 provide an opportunity for public comment4 7#b7 ,approval required ,a proposed rule1 or a proposed modification to a rule1 of the ,authority shall not take effect unless the proposed rule or modification has been approved by the ,commission4 7c7 ,decision on proposed rule or modification to a rule 7#a7 ,in general ,not later than #fj days after the date on which a proposed rule or modification is published in the ,federal ,register1 the ,commission shall approve or disapprove the proposed rule or modification4 7#b7 ,conditions ,the ,commission shall approve a proposed rule or modification if the ,commission finds that the proposed rule or modification is consistent with-- 7,a7 this ,act2 and 7,b7 applicable rules approved by the ,commission4 7#c7 ,revision of proposed rule or modification 7,a7 ,in general ,in the case of disapproval of a proposed rule or modification under this subsection1 not later than #cj days after the issuance of the disapproval1 the ,commission shall make recommendations to the ,authority to modify the proposed rule or modification4 7,b7 ,resubmission ,the ,authority may resubmit for approval by the ,commission a proposed rule or modification that incorporates the modifications recommended under subparagraph 7,a74 7d7 ,proposed standards and procedures 7#a7 ,in general ,the ,authority shall submit to the ,commission any proposed rule1 standard1 or procedure developed by the ,authority to carry out the horseracing anti-doping and medication control program or the racetrack safety program4 7#b7 ,notice and comment ,the ,commission shall publish in the ,federal ,register any such proposed rule1 standard1 or procedure and provide an opportunity for public comment4 7e7 ,interim final rules ,the ,commission may adopt an interim final rule1 to take effect immediately1 under conditions specified in section #eec7;b77,b7 of title #e1 ,united ,states ,code1 if the ,commission finds that such a rule is necessary to protect-- 7#a7 the health and safety of covered horses2 or 7#b7 the integrity of covered horseraces and wagering on those horseraces4 #e4 ,jurisdiction of the ,commission and the ,horseracing ,integrity and ,safety ,authority 7a7 ,in general ,beginning on the program effective date1 the ,commission1 the ,authority1 and the anti-doping and medication control enforcement agency1 each within the scope of their powers and responsibilities under this ,act1 as limited by subsection 7j71 shall-- 7#a7 implement and enforce the horseracing anti-doping and medication control program and the racetrack safety program2 7#b7 exercise independent and exclusive national authority over-- 7,a7 the safety1 welfare1 and integrity of covered horses1 covered persons1 and covered horseraces2 and 7,b7 all horseracing safety1 performance1 and anti-doping and medication control matters for covered horses1 covered persons1 and covered horseraces2 and 7#c7 have safety1 performance1 and anti-doping and medication control authority over covered persons similar to such authority of the ,state racing commissions before the program effective date4 7b7 ,preemption ,the rules of the ,authority promulgated in accordance with this ,act shall preempt any provision of ,state law or regulation with respect to matters within the jurisdiction of the ,authority under this ,act1 as limited by subsection 7j74 ,nothing contained in this ,act shall be construed to limit the authority of the ,commission under any other provision of law4 7c7 ,duties 7#a7 ,in general ,the ,authority-- 7,a7 shall develop uniform procedures and rules authorizing-- 7i7 access to offices1 racetrack facilities1 other places of business1 books1 records1 and personal property of covered persons that are used in the care1 treatment1 training1 and racing of covered horses2 7ii7 issuance and enforcement of subpoenas and subpoenas duces tecum2 and 7iii7 other investigatory powers of the nature and scope exercised by ,state racing commissions before the program effective date2 and 7,b7 with respect to an unfair or deceptive act or practice described in section #aj1 may recommend that the ,commission commence an enforcement action4 7#b7 ,approval of ,commission ,the procedures and rules developed under paragraph 7#a77;,a7 shall be subject to approval by the ,commission in accordance with section #d4 7d7 ,registration of covered persons with ,authority 7#a7 ,in general ,as a condition of participating in covered races and in the care1 ownership1 treatment1 and training of covered horses1 a covered person shall register with the ,authority in accordance with rules promulgated by the ,authority and approved by the ,commission in accordance with section #d4 7#b7 ,agreement with respect to ,authority rules1 standards1 and procedures ,registration under this subsection shall include an agreement by the covered person to be subject to and comply with the rules1 standards1 and procedures developed and approved under subsection 7c74 7#c7 ,cooperation ,a covered person registered under this subsection shall1 at all times-- 7,a7 cooperate with the ,commission1 the ,authority1 the anti-doping and medication control enforcement agency1 and any respective designee1 during any civil investigation2 and 7,b7 respond truthfully and completely to the best of the knowledge of the covered person if questioned by the ,commission1 the ,authority1 the anti-doping and medication control enforcement agency1 or any respective designee4 7#d7 ,failure to comply ,any failure of a covered person to comply with this subsection shall be a violation of section #h7;a77#b77;,g74 7e7 ,enforcement of programs 7#a7 ,anti-doping and medication control enforcement agency 7,a7 ,agreement with ,,usada ,the ,authority shall seek to enter into an agreement with the ,united ,states ,anti-,doping ,agency under which the ,agency acts as the anti-doping and medication control enforcement agency under this ,act for services consistent with the horseracing anti-doping and medication control program4 7,b7 ,agreement with other entity ,if the ,authority and the ,united ,states ,anti-,doping ,agency are unable to enter into the agreement described in subparagraph 7,a71 the ,authority shall enter into an agreement with an entity that is nationally recognized as being a medication regulation agency equal in qualification to the ,united ,states ,anti-,doping ,agency to act as the anti-doping and medication control enforcement agency under this ,act for services consistent with the horseracing anti-doping and medication control program4 7,c7 ,negotiations ,any negotiations under this paragraph shall be conducted in good faith and designed to achieve efficient1 effective best practices for anti-doping and medication control and enforcement on commercially reasonable terms4 7,d7 ,elements of agreement ,any agreement under this paragraph shall include a description of the scope of work1 performance metrics1 reporting obligations1 budgets of the ,united ,states ,anti-,doping ,agency while acting as the anti-doping and medication control enforcement agency under this ,act1 a provision for the revision of the agreement to increase in the scope of work1 as provided in subsection 7k71 and any other matter the ,authority considers appropriate4 7,e7 ,duties and powers of enforcement agency ,the anti-doping and medication control enforcement agency under an agreement under this paragraph shall-- 7i7 serve as the independent anti-doping and medication control enforcement organization for covered horses1 covered persons1 and covered horseraces1 implementing the anti-doping and medication control program on behalf of the ,authority2 7ii7 ensure that covered horses and covered persons are deterred from using or administering medications1 substances1 and methods in violation of the rules established in accordance with this ,act2 7iii7 implement anti-doping education1 research1 testing1 compliance and adjudication programs designed to prevent covered persons and covered horses from using or administering medications1 substances1 and methods in violation of the rules established in accordance with this ,act2 7iv7 exercise the powers specified in section #f7;c77#d7 in accordance with that section2 and 7v7 implement and undertake any other responsibilities specified in the agreement4 7,f7 ,term and extension 7i7 ,term of initial agreement ,the initial agreement entered into by the ,authority under this paragraph shall be in effect for the #e-year period beginning on the program effective date4 7ii7 ,extension ,at the end of the #e-year period described in clause 7i71 the ,authority may-- 7,i7 extend the term of the initial agreement under this paragraph for such additional term as is provided by the rules of the ,authority and consistent with this ,act2 or 7,,ii7 enter into an agreement meeting the requirements of this paragraph with an entity described by subparagraph 7,b7 for such term as is provided by such rules and consistent with this ,act4 7#b7 ,agreements for enforcement by ,state racing commissions 7,a7 ,state racing commissions 7i7 ,racetrack safety program ,the ,authority may enter into agreements with ,state racing commissions for services consistent with the enforcement of the racetrack safety program4 7ii7 ,anti-doping and medication control program ,the anti-doping and medication control enforcement agency may enter into agreements with ,state racing commissions for services consistent with the enforcement of the anti-doping and medication control program4 7,b7 ,elements of agreements ,any agreement under this paragraph shall include a description of the scope of work1 performance metrics1 reporting obligations1 budgets1 and any other matter the ,authority considers appropriate4 7#c7 ,enforcement of standards ,the ,authority may coordinate with ,state racing commissions and other ,state regulatory agencies to monitor and enforce racetrack compliance with the standards developed under paragraphs 7#a7 and 7#b7 of section #g7;c74 7f7 ,procedures with respect to rules of ,authority 7#a7 ,anti-doping and medication control 7,a7 ,in general ,recommendations for rules regarding anti-doping and medication control shall be developed in accordance with section #f4 7,b7 ,consultation ,the anti-doping and medication control enforcement agency shall consult with the anti-doping and medication control standing committee and the ,board of the ,authority on all anti-doping and medication control rules of the ,authority4 7#b7 ,racetrack safety ,recommendations for rules regarding racetrack safety shall be developed by the racetrack safety standing committee of the ,authority4 7g7 ,subpoena and investigatory authority ,the ,authority shall have subpoena and investigatory authority with respect to civil violations committed under its jurisdiction4 7h7 ,civil penalties ,the ,authority shall develop a list of civil penalties with respect to the enforcement of rules for covered persons and covered horseraces under its jurisdiction4 7i7 ,civil actions 7#a7 ,in general ,in addition to civil sanctions imposed under section #h1 the ,authority may commence a civil action against a covered person or racetrack that has engaged1 is engaged1 or is about to engage1 in acts or practices constituting a violation of this ,act or any rule established under this ,act 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 civil sanctions imposed under that section1 and for all other relief to which the ,authority may be entitled4 7#b7 ,injunctions and restraining orders ,with respect to a civil action commenced under paragraph 7#a71 upon a proper showing1 a permanent or temporary injunction or restraining order shall be granted without bond4 7j7 ,limitations on authority 7#a7 ,prospective application ,the jurisdiction and authority of the ,authority and the ,commission with respect to the horseracing anti-doping and medication control program and the racetrack safety program shall be prospective only4 7#b7 ,previous matters 7,a7 ,in general ,the ,authority and the ,commission may not investigate1 prosecute1 adjudicate1 or penalize conduct in violation of the horseracing anti-doping and medication control program and the racetrack safety program that occurs before the program effective date4 7,b7 ,state racing commission ,with respect to conduct described in subparagraph 7,a71 the applicable ,state racing commission shall retain authority until the final resolution of the matter4 7#c7 ,other laws unaffected ,this ,act shall not be construed to modify1 impair1 or restrict the operation of the general laws or regulations1 as may be amended from time to time1 of the ,united ,states1 the ,states and their political subdivisions relating to criminal conduct1 cruelty to animals1 matters unrelated to anti-doping1 medication control and racetrack and racing safety of covered horses and covered races1 and the use of medication in human participants in covered races4 7k7 ,election for other breed coverage under ,act 7#a7 ,in general ,a ,state racing commission or a breed governing organization for a breed of horses other than ,thoroughbred horses may elect to have such breed be covered by this ,act by the filing of a designated election form and subsequent approval by the ,authority4 ,a ,state racing commission may elect to have a breed covered by this ,act for the applicable ,state only4 7#b7 ,election conditional on funding mechanism ,a commission or organization may not make an election under paragraph 7#a7 unless the commission or organization has in place a mechanism to provide sufficient funds to cover the costs of the administration of this ,act with respect to the horses that will be covered by this ,act as a result of the election4 7#c7 ,apportionment ,the ,authority shall apportion costs described in paragraph 7#b7 in connection with an election under paragraph 7#a7 fairly among all impacted segments of the horseracing industry1 subject to approval by the ,commission in accordance with section #d4 ,such apportionment may not provide for the allocation of costs or funds among breeds of horses4 #f4 ,horseracing anti-doping and medication control program 7a7 ,program required 7#a7 ,in general ,not later than the program effective date1 and after notice and an opportunity for public comment in accordance with section #d1 the ,authority shall establish a horseracing anti-doping and medication control program applicable to all covered horses1 covered persons1 and covered horseraces in accordance with the registration of covered persons under section #e7;d74 7#b7 ,consideration of other breeds ,in developing the horseracing anti-doping and medication control program with respect to a breed of horse that is made subject to this ,act by election of a ,state racing commission or the breed governing organization for such horse under section #e7k71 the ,authority shall consider the unique characteristics of such breed4 7b7 ,considerations in development of program ,in developing the horseracing anti-doping and medication control program1 the ,authority shall take into consideration the following3 7#a7 ,covered horses should compete only when they are free from the influence of medications1 other foreign substances1 and methods that affect their performance4 7#b7 ,covered horses that are injured or unsound should not train or participate in covered races1 and the use of medications1 other foreign substances1 and treatment methods that mask or deaden pain in order to allow injured or unsound horses to train or race should be prohibited4 7#c7 ,rules1 standards1 procedures1 and protocols regulating medication and treatment methods for covered horses and covered races should be uniform and uniformly administered nationally4 7#d7 ,to the extent consistent with this ,act1 consideration should be given to international anti-doping and medication control standards of the ,international ,federation of ,horseracing ,authorities and the ,principles of ,veterinary ,medical ,ethics of the ,american ,veterinary ,medical ,association4 7#e7 ,the administration of medications and treatment methods to covered horses should be based upon an examination and diagnosis that identifies an issue requiring treatment for which the medication or method represents an appropriate component of treatment4 7#f7 ,the amount of therapeutic medication that a covered horse receives should be the minimum necessary to address the diagnosed health concerns identified during the examination and diagnostic process4 7#g7 ,the welfare of covered horses1 the integrity of the sport1 and the confidence of the betting public require full disclosure to regulatory authorities regarding the administration of medications and treatments to covered horses4 7c7 ,activities ,the following activities shall be carried out under the horseracing anti-doping and medication control program3 7#a7 ,standards for anti-doping and medication control ,not later than #abj days before the program effective date1 the ,authority shall issue1 by rule-- 7,a7 uniform standards for-- 7i7 the administration of medication to covered horses by covered persons2 and 7ii7 laboratory testing accreditation and protocols2 and 7,b7 a list of permitted and prohibited medications1 substances1 and methods1 including allowable limits of permitted medications1 substances1 and methods4 7#b7 ,review process for administration of medication ,the development of a review process for the administration of any medication to a covered horse during the #dh-;hour period preceding the next racing start of the covered horse4 7#c7 ,agreement requirements ,the development of requirements with respect to agreements under section #e7;e74 7#d7 ,anti-doping and medication control enforcement agency 7,a7 ,control rules1 protocols1 etc ,except as provided in paragraph 7#e71 the anti-doping and medication control program enforcement agency under section #e7;e7 shall1 in consultation with the anti-doping and medication control standing committee of the ,authority and consistent with international best practices1 develop and recommend anti-doping and medication control rules1 protocols1 policies1 and guidelines for approval by the ,authority4 7,b7 ,results management ,the anti-doping and medication control enforcement agency shall conduct and oversee anti-doping and medication control results management1 including independent investigations1 charging and adjudication of potential medication control rule violations1 and the enforcement of any civil sanctions for such violations4 ,any final decision or civil sanction of the anti-doping and medication control enforcement agency under this subparagraph shall be the final decision or civil sanction of the ,authority1 subject to review in accordance with section #i4 7,c7 ,testing ,the anti-doping enforcement agency shall perform and manage test distribution planning 7including intelligence-based testing71 the sample collection process1 and in-competition and out-of-competition testing 7including no-advance-notice testing74 7,d7 ,testing laboratories ,the anti-doping and medication control enforcement agency shall accredit testing laboratories based upon the standards established under this ,act1 and shall monitor1 test1 and audit accredited laboratories to ensure continuing compliance with accreditation standards4 7#e7 ,anti-doping and medication control standing committee ,the anti-doping and medication control standing committee shall1 in consultation with the anti-doping and medication control enforcement agency1 develop lists of permitted and prohibited medications1 methods1 and substances for recommendation to1 and approval by1 the ,authority4 ,any such list may prohibit the administration of any substance or method to a horse at any time after such horse becomes a covered horse if the ,authority determines such substance or method has a long-term degrading effect on the soundness of a horse4 7d7 ,prohibition ,except as provided in subsections 7e7 and 7f71 the horseracing anti-doping and medication control program shall prohibit the administration of any prohibited or otherwise permitted substance to a covered horse within #dh hours of its next racing start1 effective as of the program effective date4 7e7 ,advisory committee study and report 7#a7 ,in general ,not later than the program effective date1 the ,authority shall convene an advisory committee comprised of horseracing anti-doping and medication control industry experts1 including a member designated by the anti-doping and medication control enforcement agency1 to conduct a study on the use of furosemide on horses during the #dh-;hour period before the start of a race1 including the effect of furosemide on equine health and the integrity of competition and any other matter the ,authority considers appropriate4 7#b7 ,report ,not later than three years after the program effective date1 the ,authority shall direct the advisory committee convened under paragraph 7#a7 to submit to the ,authority a written report on the study conducted under that paragraph that includes recommended changes1 if any1 to the prohibition in subsection 7d74 7#c7 ,modification of prohibition 7,a7 ,in general ,after receipt of the report required by paragraph 7#b71 the ,authority may1 by unanimous vote of the ,board of the ,authority1 modify the prohibition in subsection 7d7 and1 notwithstanding subsection 7f71 any such modification shall apply to all ,states beginning on the date that is three years after the program effective date4 7,b7 ,condition ,in order for a unanimous vote described in subparagraph 7,a7 to effect a modification of the prohibition in subsection 7d71 the vote must include unanimous adoption of each of the following findings3 7i7 ,that the modification is warranted4 7ii7 ,that the modification is in the best interests of horse racing4 7iii7 ,that furosemide has no performance enhancing effect on individual horses4 7iv7 ,that public confidence in the integrity and safety of racing would not be adversely affected by the modification4 7f7 ,exemption 7#a7 ,in general ,except as provided in paragraph 7#b71 only during the three-year period beginning on the program effective date1 a ,state racing commission may submit to the ,authority1 at such time and in such manner as the ,authority may require1 a request for an exemption from the prohibition in subsection 7d7 with respect to the use of furosemide on covered horses during such period4 7#b7 ,exceptions ,an exemption under paragraph 7#a7 may not be requested for-- 7,a7 two-year-old covered horses2 or 7,b7 covered horses competing in stakes races4 7#c7 ,contents of request ,a request under paragraph 7#a7 shall specify the applicable ,state racing commission's requested limitations on the use of furosemide that would apply to the ,state under the horseracing anti-doping and medication control program during such period4 ,such limitations shall be no less restrictive on the use and administration of furosemide than the restrictions set forth in ,state's laws and regulations in effect as of ,september #a1 #bjbj4 7#d7 ,grant of exemption ,subject to subsection 7e77#c71 the ,authority shall grant an exemption requested under paragraph 7#a7 for the remainder of such period and shall allow the use of furosemide on covered horses in the applicable ,state1 in accordance with the requested limitations4 7g7 ,baseline anti-,doping and medication control rules 7#a7 ,in general ,subject to paragraph 7#c71 the baseline anti-doping and medication control rules described in paragraph 7#b7 shall-- 7,a7 constitute the initial rules of the horseracing anti-doping and medication control program2 and 7,b7 except as exempted pursuant to subsections 7e7 and 7f71 remain in effect at all times after the program effective date4 7#b7 ,baseline anti-doping medication control rules described 7,a7 ,in general ,the baseline anti-doping and medication control rules described in this paragraph are the following3 7i7 ,the lists of permitted and prohibited substances 7including drugs1 medications1 and naturally occurring substances and synthetically occurring substances7 in effect for the ,international ,federation of ,horseracing ,authorities1 including the ,international ,federation of ,horseracing ,authorities ,international ,screening ,limits for urine1 dated ,may #bjai1 and the ,international ,federation of ,horseracing ,authorities ,international ,screening ,limits for plasma1 dated ,may #bjai4 7ii7 ,the ,world ,anti-,doping ,agency ,international ,standard for ,laboratories 7version #aj4j71 dated ,november #ab1 #bjai4 7iii7 ,the ,association of ,racing ,commissioners ,international out-of-competition testing standards1 ,model ,rules of ,racing 7version #i4b74 7iv7 ,the ,association of ,racing ,commissioners ,international penalty and multiple medication violation rules1 ,model ,rules of ,racing 7version #f4b74 7,b7 ,conflict of rules ,in the case of a conflict among the rules described in subparagraph 7,a71 the most stringent rule shall apply4 7#c7 ,modifications to baseline rules 7,a7 ,development by anti-doping and medication control standing committee ,the anti-doping and medication control standing committee1 in consultation with the anti-doping and medication control enforcement agency1 may develop and submit to the ,authority for approval by the ,authority proposed modifications to the baseline anti-doping and medication control rules4 7,b7 ,authority approval ,if the ,authority approves a proposed modification under this paragraph1 the proposed modification shall be submitted to and considered by the ,commission in accordance with section #d4 7,c7 ,anti-doping and medication control enforcement agency veto authority ,the ,authority shall not approve any proposed modification that renders an anti-doping and medication control rule less stringent than the baseline anti-doping and medication control rules described in paragraph 7#b7 7including by increasing permitted medication thresholds1 adding permitted medications1 removing prohibited medications1 or weakening enforcement mechanisms7 without the approval of the anti-doping and medication control enforcement agency4 #g4 ,racetrack ,safety ,program 7a7 ,establishment and considerations 7#a7 ,in general ,not later than the program effective date1 and after notice and an opportunity for public comment in accordance with section #d1 the ,authority shall establish a racetrack safety program applicable to all covered horses1 covered persons1 and covered horseraces in accordance with the registration of covered persons under section #e7;d74 7#b7 ,considerations in development of safety program ,in the development of the horseracing safety program for covered horses1 covered persons1 and covered horseraces1 the ,authority and the ,commission shall take into consideration existing safety standards including the ,national ,thoroughbred ,racing ,association ,safety and ,integrity ,alliance ,code of ,standards1 the ,international ,federation of ,horseracing ,authority's ,international ,agreement on ,breeding1 ,racing1 and ,wagering1 and the ,british ,horseracing ,authority's ,equine ,health and ,welfare program4 7b7 ,elements of horseracing safety program ,the horseracing safety program shall include the following3 7#a7 ,a set of training and racing safety standards and protocols taking into account regional differences and the character of differing racing facilities4 7#b7 ,a uniform set of training and racing safety standards and protocols consistent with the humane treatment of covered horses1 which may include lists of permitted and prohibited practices or methods 7such as crop use74 7#c7 ,a racing surface quality maintenance system that-- 7,a7 takes into account regional differences and the character of differing racing facilities2 and 7,b7 may include requirements for track surface design and consistency and established standard operating procedures related to track surface1 monitoring1 and maintenance 7such as standardized seasonal assessment1 daily tracking1 and measurement74 7#d7 ,a uniform set of track safety standards and protocols1 that may include rules governing oversight and movement of covered horses and human and equine injury reporting and prevention4 7#e7 ,programs for injury and fatality data analysis1 that may include pre- and post-training and race inspections1 use of a veterinarian's list1 and concussion protocols4 7#f7 ,the undertaking of investigations at racetrack and non-racetrack facilities related to safety violations4 7#g7 ,procedures for investigating1 charging1 and adjudicating violations and for the enforcement of civil sanctions for violations4 7#h7 ,a schedule of civil sanctions for violations4 7#i7 ,disciplinary hearings1 which may include binding arbitration1 civil sanctions1 and research4 7#aj7 ,management of violation results4 7#aa7 ,programs relating to safety and performance research and education4 7#ab7 ,an evaluation and accreditation program that ensures that racetracks in the ,united ,states meet the standards described in the elements of the ,horseracing ,safety ,program4 7c7 ,activities ,the following activities shall be carried out under the racetrack safety program3 7#a7 ,standards for racetrack safety ,the development1 by the racetrack safety standing committee of the ,authority in section #c7;c77#b7 of uniform standards for racetrack and horseracing safety4 7#b7 ,standards for safety and performance accreditation 7,a7 ,in general ,not later than #abj days before the program effective date1 the ,authority1 in consultation with the racetrack safety standing committee1 shall issue1 by rule in accordance with section #d-- 7i7 safety and performance standards of accreditation for racetracks2 and 7ii7 the process by which a racetrack may achieve and maintain accreditation by the ,authority4 7,b7 ,modifications 7i7 ,in general ,the ,authority may modify rules establishing the standards issued under subparagraph 7,a71 as the ,authority considers appropriate4 7ii7 ,notice and comment ,the ,commission shall publish in the ,federal ,register any proposed rule of the ,authority1 and provide an opportunity for public comment with respect to1 any modification under clause 7i7 in accordance with section #d4 7,c7 ,extension of provisional or interim accreditation ,the ,authority may1 by rule in accordance with section #d1 extend provisional or interim accreditation to a racetrack accredited by the ,national ,thoroughbred ,racing ,association ,safety and ,integrity ,alliance on a date before the program effective date4 7#c7 ,nationwide safety and performance database 7,a7 ,in general ,not later than one year after the program effective date1 and after notice and an opportunity for public comment in accordance with section #d1 the ,authority1 in consultation with the ,commission1 shall develop and maintain a nationwide database of racehorse safety1 performance1 health1 and injury information for the purpose of conducting an epidemiological study4 7,b7 ,collection of information ,in accordance with the registration of covered persons under section #e7;d71 the ,authority may require covered persons to collect and submit to the database described in subparagraph 7,a7 such information as the ,authority may require to further the goal of increased racehorse welfare4 #h4 ,rule violations and civil sanctions 7a7 ,description of rule violations 7#a7 ,in general ,the ,authority shall issue1 by rule in accordance with section #d1 a description of safety1 performance1 and anti-doping and medication control rule violations applicable to covered horses and covered persons4 7#b7 ,elements ,the description of rule violations established under paragraph 7#a7 may include the following3 7,a7 ,with respect to a covered horse1 strict liability for covered trainers for-- 7i7 the presence of a prohibited substance or method in a sample or the use of a prohibited substance or method2 7ii7 the presence of a permitted substance in a sample in excess of the amount allowed by the horseracing anti-doping and medication control program2 and 7iii7 the use of a permitted method in violation of the applicable limitations established under the horseracing anti-doping and medication control program4 7,b7 ,attempted use of a prohibited substance or method on a covered horse4 7,c7 ,possession of any prohibited substance or method4 7,d7 ,attempted possession of any prohibited substance or method4 7,e7 ,administration or attempted administration of any prohibited substance or method on a covered horse4 7,f7 ,refusal or failure1 without compelling justification1 to submit a covered horse for sample collection4 7,g7 ,failure to cooperate with the ,authority or an agent of the ,authority during any investigation4 7,h7 ,failure to respond truthfully1 to the best of a covered person's knowledge1 to a question of the ,authority or an agent of the ,authority with respect to any matter under the jurisdiction of the ,authority4 7,i7 ,tampering or attempted tampering with the application of the safety1 performance1 or anti-doping and medication control rules or process adopted by the ,authority1 including-- 7i7 the intentional interference1 or an attempt to interfere1 with an official or agent of the ,authority2 7ii7 the procurement or the provision of fraudulent information to the ,authority or agent2 and 7iii7 the intimidation of1 or an attempt to intimidate1 a potential witness4 7,j7 ,trafficking or attempted trafficking in any prohibited substance or method4 7,k7 ,assisting1 encouraging1 aiding1 abetting1 conspiring1 covering up1 or any other type of intentional complicity involving a safety1 performance1 or anti-doping and medication control rule violation or the violation of a period of suspension or eligibility4 7,l7 ,threatening or seeking to intimidate a person with the intent of discouraging the person from the good faith reporting to the ,authority1 an agent of the ,authority or the ,commission1 or the anti-doping and medication control enforcement agency under section #e7;e71 of information that relates to-- 7i7 an alleged safety1 performance1 or anti-doping and medication control rule violation2 or 7ii7 alleged noncompliance with a safety1 performance1 or anti-doping and medication control rule4 7b7 ,testing laboratories 7#a7 ,accreditation and standards ,not later than #abj days before the program effective date1 the ,authority shall1 in consultation with the anti-doping and medication control enforcement agency1 establish1 by rule in accordance with section #d-- 7,a7 standards of accreditation for laboratories involved in testing samples from covered horses2 7,b7 the process for achieving and maintaining accreditation2 and 7,c7 the standards and protocols for testing such samples4 7#b7 ,administration ,the accreditation of laboratories and the conduct of audits of accredited laboratories to ensure compliance with ,authority rules shall be administered by the anti-doping and medication control enforcement agency4 ,the anti-doping and medication control enforcement agency shall have the authority to require specific test samples to be directed to and tested by laboratories having special expertise in the required tests4 7#c7 ,extension of provisional or interim accreditation ,the ,authority may1 by rule in accordance with section #d1 extend provisional or interim accreditation to a laboratory accredited by the ,racing ,medication and ,testing ,consortium1 ,inc41 on a date before the program effective date4 7#d7 ,selection of laboratories 7,a7 ,in general ,except as provided in paragraph 7#b71 a ,state racing commission may select a laboratory accredited in accordance with the standards established under paragraph 7#a7 to test samples taken in the applicable ,state4 7,b7 ,selection by the ,authority ,if a ,state racing commission does not select an accredited laboratory under subparagraph 7,a71 the ,authority shall select such a laboratory to test samples taken in the ,state concerned4 7c7 ,results management and disciplinary process 7#a7 ,in general ,not later than #abj days before the program effective date1 the ,authority shall establish in accordance with section #d-- 7,a7 rules for safety1 performance1 and anti-doping and medication control results management2 and 7,b7 the disciplinary process for safety1 performance1 and anti-doping and medication control rule violations4 7#b7 ,elements ,the rules and process established under paragraph 7#a7 shall include the following3 7,a7 ,provisions for notification of safety1 performance1 and anti-doping and medication control rule violations4 7,b7 ,hearing procedures4 7,c7 ,standards for burden of proof4 7,d7 ,presumptions4 7,e7 ,evidentiary rules4 7,f7 ,appeals4 7,g7 ,guidelines for confidentiality and public reporting of decisions4 7#c7 ,due process ,the rules established under paragraph 7#a7 shall provide for adequate due process1 including impartial hearing officers or tribunals commensurate with the seriousness of the alleged safety1 performance1 or anti-doping and medication control rule violation and the possible civil sanctions for such violation4 7d7 ,civil sanctions 7#a7 ,in general ,the ,authority shall establish uniform rules1 in accordance with section #d1 imposing civil sanctions against covered persons or covered horses for safety1 performance1 and anti-doping and medication control rule violations4 7#b7 ,requirements ,the rules established 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 safety1 performance1 and anti-doping and medication control rule violations4 7#c7 ,severity ,the civil sanctions under paragraph 7#a7 may include-- 7,a7 lifetime bans from horseracing1 disgorgement of purses1 monetary fines and penalties1 and changes to the order of finish in covered races2 and 7,b7 with respect to anti-doping and medication control rule violators1 an opportunity to reduce the applicable civil sanctions that is comparable to the opportunity provided by the ,protocol for ,olympic ,movement ,testing of the ,united ,states ,anti-,doping ,agency4 7e7 ,modifications ,the ,authority may propose a modification to any rule established under this section as the ,authority considers appropriate1 and the proposed modification shall be submitted to and considered by the ,commission in accordance with section #d4 #i4 ,review of final decisions of the ,authority 7a7 ,notice of civil sanctions ,if the ,authority imposes a final civil sanction for a violation committed by a covered person pursuant to the rules or standards of the ,authority1 the ,authority shall promptly submit to the ,commission notice of the civil sanction in such form as the ,commission may require4 7b7 ,review by administrative law judge 7#a7 ,in general ,with respect to a final civil sanction imposed by the ,authority1 on application by the ,commission or a person aggrieved by the civil sanction filed not later than #cj days after the date on which notice under subsection 7a7 is submitted1 the civil sanction shall be subject to de novo review by an administrative law judge4 7#b7 ,nature of review 7,a7 ,in general ,in matters reviewed under this subsection1 the administrative law judge shall determine whether-- 7i7 a person has engaged in such acts or practices1 or has omitted such acts or practices1 as the ,authority has found the person to have engaged in or omitted2 7ii7 such acts1 practices1 or omissions are in violation of this ,act or the anti-doping and medication control or racetrack safety rules approved by the ,commission2 or 7iii7 the final civil sanction of the ,authority was arbitrary1 capricious1 an abuse of discretion1 or otherwise not in accordance with law4 7,b7 ,conduct of hearing ,an administrative law judge shall conduct a hearing under this subsection in such a manner as the ,commission may specify by rule1 which shall conform to section #eef of title #e1 ,united ,states ,code4 7#c7 ,decision by administrative law judge 7,a7 ,in general ,with respect to a matter reviewed under this subsection1 an administrative law judge-- 7i7 shall render a decision not later than #fj days after the conclusion of the hearing2 7ii7 may affirm1 reverse1 modify1 set aside1 or remand for further proceedings1 in whole or in part1 the final civil sanction of the ,authority2 and 7iii7 may make any finding or conclusion that1 in the judgment of the administrative law judge1 is proper and based on the record4 7,b7 ,final decision ,a decision under this paragraph shall constitute the decision of the ,commission without further proceedings unless a notice or an application for review is timely filed under subsection 7c74 7c7 ,review by ,commission 7#a7 ,notice of review by ,commission ,the ,commission may1 on its own motion1 review any decision of an administrative law judge issued under subsection 7b77#c7 by providing written notice to the ,authority and any interested party not later than #cj days after the date on which the administrative law judge issues the decision4 7#b7 ,application for review 7,a7 ,in general ,the ,authority or a person aggrieved by a decision issued under subsection 7b77#c7 may petition the ,commission for review of such decision by filing an application for review not later than #cj days after the date on which the administrative law judge issues the decision4 7,b7 ,effect of denial of application for review ,if an application for review under subparagraph 7,a7 is denied1 the decision of the administrative law judge shall constitute the decision of the ,commission without further proceedings4 7,c7 ,discretion of ,commission 7i7 ,in general ,a decision with respect to whether to grant an application for review under subparagraph 7,a7 is subject to the discretion of the ,commission4 7ii7 ,matters to be considered ,in determining whether to grant such an application for review1 the ,commission shall consider whether the application makes a reasonable showing that-- 7,i7 a prejudicial error was committed in the conduct of the proceeding2 or 7,,ii7 the decision involved-- 7aa7 an erroneous application of the anti-doping and medication control or racetrack safety rules approved by the ,commission2 or 7bb7 an exercise of discretion or a decision of law or policy that warrants review by the ,commission4 7#c7 ,nature of review 7,a7 ,in general ,in matters reviewed under this subsection1 the ,commission may-- 7i7 affirm1 reverse1 modify1 set aside1 or remand for further proceedings1 in whole or in part1 the decision of the administrative law judge2 and 7ii7 make any finding or conclusion that1 in the judgement of the ,commission1 is proper and based on the record4 7,b7 ,de novo review ,the ,commission shall review de novo the factual findings and conclusions of law made by the administrative law judge4 7,c7 ,consideration of additional evidence 7i7 ,motion by ,commission ,the ,commission may1 on its own motion1 allow the consideration of additional evidence4 7ii7 ,motion by a party 7,i7 ,in general ,a party may file a motion to consider additional evidence at any time before the issuance of a decision by the ,commission1 which shall show1 with particularity1 that-- 7aa7 such additional evidence is material2 and 7bb7 there were reasonable grounds for failure to submit the evidence previously4 7,,ii7 ,procedure ,the ,commission may-- 7aa7 accept or hear additional evidence2 or 7bb7 remand the proceeding to the administrative law judge for the consideration of additional evidence4 7d7 ,stay of proceedings ,review by an administrative law judge or the ,commission under this section shall not operate as a stay of a final civil sanction of the ,authority unless the administrative law judge or ,commission orders such a stay4 #aj4 ,unfair or deceptive acts or practices ,the sale of a covered horse1 or of any other horse in anticipation of its future participation in a covered race1 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-- 7#a7 knows or has reason to know the horse has been administered-- 7,a7 a bisphosphonate prior to the horse's fourth birthday2 or 7,b7 any other substance or method the ,authority determines has a long-term degrading effect on the soundness of the covered horse2 and 7#b7 fails to disclose to the buyer the administration of the bisphosphonate or other substance or method described in paragraph 7#a77;,b74 #aa4 ,state delegation2 cooperation 7a7 ,state delegation 7#a7 ,in general ,the ,authority may enter into an agreement with a ,state racing commission to implement1 within the jurisdiction of the ,state racing commission1 a component of the racetrack safety program or1 with the concurrence of the anti-doping and medication control enforcement agency under section #e7;e71 a component of the horseracing anti-doping and medication control program1 if the ,authority determines that the ,state racing commission has the ability to implement such component in accordance with the rules1 standards1 and requirements established by the ,authority4 7#b7 ,implementation by ,state racing commission ,a ,state racing commission or other appropriate regulatory body of a ,state may not implement such a component in a manner less restrictive than the rule1 standard1 or requirement established by the ,authority4 7b7 ,cooperation ,to avoid duplication of functions1 facilities1 and personnel1 and to attain closer coordination and greater effectiveness and economy in administration of ,federal and ,state law1 where conduct by any person subject to the horseracing medication control program or the racetrack safety program may involve both a medication control or racetrack safety rule violation and violation of ,federal or ,state law1 the ,authority and ,federal or ,state law enforcement authorities shall cooperate and share information4