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H.R. 1754 — what changed

Horseracing Integrity and Safety Act of 2020

From Reported in House to Received in Senate. 2 sections amended and 1 added between Reported in House and Received in Senate.

Sec. 2 Definitions

In this Act the following definitions apply:

(1)
Authority— The term Authority means the Horseracing Integrity and Safety Authority designated by section 3(a).
(2)
added Breeder— The term “breeder” means a person who is in the business of breeding covered horses.
(3)
renumbered was (4) Commission— The term Commission means the Federal Trade Commission.
(4)
renumbered was (5) Covered horse— The term covered horse means any Thoroughbred horse, 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 5(k), during the period—
(A)
renumbered was (5)(3) beginning on the date of the horse's first timed and reported workout at a racetrack that participates in covered horseraces or at a training facility; and
(B)
renumbered was (5)(4) ending on the date on which the Authority receives written notice that the horse has been retired.
(5)
renumbered was (6) Covered horserace— The term covered horserace means any horserace involving covered horses that has a substantial relation to interstate commerce, including any Thoroughbred horserace that is the subject of interstate off-track or advance deposit wagers.
(6)
renumbered was (7) Covered persons— The term covered persons means all trainers, owners, breeders, jockeys, racetracks, veterinarians, persons (legal and natural) licensed by a State racing commission and the agents, assigns, and employees of such persons and other horse support personnel who are engaged in the care, training, or racing of covered horses.
(6)
removed Equine constituencies— The term equine constituencies means, collectively, owners and breeders, trainers, racetracks, veterinarians, State racing commissions, and jockeys who are engaged in the care, training, or racing of covered horses.
(7)
changed Equine industry representative—constituencies— The term equine industry representative means an organization regularly and significantly engaged in the equine industry, including organizations that represent the interests of, and whose membership consists of, owners and constituencies means, collectively, owners, breeders, trainers, racetracks, veterinarians, State racing commissions, and jockeys.jockeys who are engaged in the care, training, or racing of covered horses.
(8)
added Equine industry representative— The term equine industry representative means an organization regularly and significantly engaged in the equine industry, including organizations that represent the interests of, and whose membership consists of, owners, breeders, trainers, racetracks, veterinarians, State racing commissions, and jockeys.
(9)
renumbered was (10) 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 6(a).
(10)
renumbered was (11) Immediate family member— The term immediate family member shall include a spouse, domestic partner, mother, father, aunt, uncle, sibling, or child.
(11)
renumbered was (12) Interstate off-track wager— The term interstate off-track wager has the meaning given such term in section 3 of the Interstate Horseracing Act of 1978 (15 U.S.C. 3002).
(12)
renumbered was (13) Jockey— The term jockey means a rider or driver of a covered horse in covered horseraces.
(12)
removed 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 horses.
(13)
changed Program effective date—Owner— The term program effective date owner means the earlier of—a person who holds an ownership interest in one or more covered horses.
(14)
added Program effective date— The term program effective date means July 1, 2022.
(A)
removed January 1 of the second year after the date of the enactment of this Act; or
(B)
removed the date that is 540 days after such date of enactment.
(15)
renumbered was (16) Racetrack— The term racetrack means an organization licensed by a State racing commission to conduct covered horseraces.
(16)
renumbered was (17) Racetrack safety program— The term racetrack safety program means the program established under section 7(a).
(17)
renumbered was (18) Stakes race— The term stakes race means any race so designated by the racetrack at which such race is run, including, without limitation, 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 Association.
(18)
renumbered was (19) State racing commission— The term State racing commission means an entity designated by State law or regulation that has jurisdiction over the conduct of horseracing within the applicable State.
(19)
renumbered was (20) Trainer— The term trainer means an individual engaged in the training of covered horses.
(20)
renumbered was (21) 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 workouts.
(21)
renumbered was (22) Veterinarian— The term veterinarian means a licensed veterinarian who provides veterinary services to covered horses.
(22)
renumbered was (23) Workout— The term workout means a timed running of a horse over a predetermined distance not associated with a race or its first qualifying race, if such race is made subject to this Act by election under section 5(k) of the horse's breed governing organization or the applicable State racing commission.

Sec. 5 Jurisdiction of the Commission and the Horseracing Integrity and Safety Authority

(a)
In general— Beginning on the program effective date, the Commission, the Authority, and the anti-doping and medication control enforcement agency, each within the scope of their powers and responsibilities under this Act, as limited by subsection (j), shall—
(1)
implement and enforce the horseracing anti-doping and medication control program and the racetrack safety program;
(2)
exercise independent and exclusive national authority over—
(A)
the safety, welfare, and integrity of covered horses, covered persons, and covered horseraces; and
(B)
all horseracing safety, performance, and anti-doping and medication control matters for covered horses, covered persons, and covered horseraces; and
(3)
have safety, performance, and anti-doping and medication control authority over covered persons similar to such authority of the State racing commissions before the program effective date.
(b)
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 Act, as limited by subsection (j). Nothing contained in this Act shall be construed to limit the authority of the Commission under any other provision of law.
(c)
Duties—
(1)
In general— The Authority—
(A)
shall develop uniform procedures and rules authorizing—
(i)
access to offices, racetrack facilities, other places of business, books, records, and personal property of covered persons that are used in the care, treatment, training, and racing of covered horses;
(ii)
issuance and enforcement of subpoenas and subpoenas duces tecum; and
(iii)
other investigatory powers of the nature and scope exercised by State racing commissions before the program effective date; and
(B)
with respect to an unfair or deceptive act or practice described in section 10, may recommend that the Commission commence an enforcement action.
(2)
Approval of Commission— The procedures and rules developed under paragraph (1)(A) shall be subject to approval by the Commission in accordance with section 4.
(d)
Registration of covered persons with Authority—
(1)
In general— As a condition of participating in covered races and in the care, ownership, treatment, and training of covered horses, 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 4.
(2)
Agreement with respect to Authority rules, standards, and procedures— Registration under this subsection shall include an agreement by the covered person to be subject to and comply with the rules, standards, and procedures developed and approved under subsection (c).
(3)
Cooperation— A covered person registered under this subsection shall, at all times—
(A)
cooperate with the Commission, the Authority, the anti-doping and medication control enforcement agency, and any respective designee, during any civil investigation; and
(B)
respond truthfully and completely to the best of the knowledge of the covered person if questioned by the Commission, the Authority, the anti-doping and medication control enforcement agency, or any respective designee.
(4)
Failure to comply— Any failure of a covered person to comply with this subsection shall be a violation of section 8(a)(2)(G).
(e)
Enforcement of programs—
(1)
Anti-doping and medication control enforcement agency—
(A)
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 program.
(B)
Agreement with other entity— If the Authority and the United States Anti-Doping Agency are unable to enter into the agreement described in subparagraph (A), 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 program.
(C)
Negotiations— Any negotiations under this paragraph shall be conducted in good faith and designed to achieve efficient, effective best practices for anti-doping and medication control and enforcement on commercially reasonable terms.
(D)
Elements of agreement— Any agreement under this paragraph shall include a description of the scope of work, performance metrics, reporting obligations, and budgets of the United States Anti-Doping Agency while acting as the anti-doping and medication control enforcement agency under this Act, as well as a provision for the revision of the agreement to increase in the scope of work as provided for in subsection (k), and any other matter the Authority considers appropriate.
(E)
Duties and powers of enforcement agency— The anti-doping and medication control enforcement agency under an agreement under this paragraph shall—
(i)
serve as the independent anti-doping and medication control enforcement organization for covered horses, covered persons, and covered horseraces, implementing the anti-doping and medication control program on behalf of the Authority;
(ii)
ensure that covered horses and covered persons are deterred from using or administering medications, substances, and methods in violation of the rules established in accordance with this Act;
(iii)
implement anti-doping education, research, testing, compliance and adjudication programs designed to prevent covered persons and covered horses from using or administering medications, substances, and methods in violation of the rules established in accordance with this Act;
(iv)
exercise the powers specified in section 6(c)(4) in accordance with that section; and
(v)
implement and undertake any other responsibilities specified in the agreement.
(F)
Term and extension—
(i)
Term of initial agreement— The initial agreement entered into by the Authority under this paragraph shall be in effect for the 5-year period beginning on the program effective date.
(ii)
Extension— At the end of the 5-year period described in clause (i), the Authority may—
(I)
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 Act; or
(II)
enter into an agreement meeting the requirements of this paragraph with an entity described by subparagraph (B) for such term as is provided by such rules and consistent with this Act.
(2)
Agreements for enforcement by State racing commissions—
(A)
State racing commissions—
(i)
Racetrack safety program— The Authority may enter into agreements with State racing commissions for services consistent with the enforcement of the racetrack safety program.
(ii)
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 program.
(B)
Elements of agreements— Any agreement under this paragraph shall include a description of the scope of work, performance metrics, reporting obligations, budgets, and any other matter the Authority considers appropriate.
(3)
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 (1) and (2) of section 7(c).
(f)
Procedures with respect to rules of Authority—
(1)
Anti-doping and medication control—
(A)
In general— Recommendations for rules regarding anti-doping and medication control shall be developed in accordance with section 6.
(B)
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 Authority.
(2)
changed Racetrack safety— Recommendations for rules regarding racetrack safety shall be developed by the racetrack safety standing committee of the AuthorityAuthority.
(g)
added Issuance of Guidance—
(1)
added The Authority may issue guidance that—
(A)
added sets forth—
(i)
added an interpretation of an existing rule, standard, or procedure of the Authority; or
(ii)
added a policy or practice with respect to the administration or enforcement of such an existing rule, standard, or procedure; and
(B)
added relates solely to—
(i)
added the administration of the Authority; or
(ii)
added any other matter, as specified by the Commission, by rule, consistent with the public interest and the purposes of this subsection.
(2)
added Submittal to Commission— The Authority shall submit to the Commission any guidance issued under paragraph (1).
(3)
added Immediate effect— Guidance issued under paragraph (1) shall take effect on the date on which the guidance is submitted to the Commission under paragraph (2).
(h)
renumbered was (8) Subpoena and investigatory authority— The Authority shall have subpoena and investigatory authority with respect to civil violations committed under its jurisdiction.
(i)
renumbered was (9) 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 jurisdiction.
(j)
added Civil actions—
(i)
removed Civil actions—
(1)
renumbered was (10)(2) In general— In addition to civil sanctions imposed under section 8, the Authority may commence a civil action against a covered person or racetrack that has engaged, is engaged, or is about to engage, 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 States, the United States District Court for the District of Columbia, or the United States courts of any territory or other place subject to the jurisdiction of the United States, to enjoin such acts or practices, to enforce any civil sanctions imposed under that section, and for all other relief to which the Authority may be entitled.
(2)
renumbered was (10)(3) Injunctions and restraining orders— With respect to a civil action commenced under paragraph (1), upon a proper showing, a permanent or temporary injunction or restraining order shall be granted without bond.
(k)
added Limitations on authority—
(j)
removed Limitations on authority—
(1)
renumbered was (11)(2) 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 only.
(2)
added Previous matters—
(2)
removed Previous matters—
(A)
renumbered was (11)(3)(2) In general— The Authority and the Commission may not investigate, prosecute, adjudicate, 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 date.
(B)
renumbered was (11)(3)(3) State racing commission— With respect to conduct described in subparagraph (A), the applicable State racing commission shall retain authority until the final resolution of the matter.
(3)
renumbered was (11)(4) Other laws unaffected— This Act shall not be construed to modify, impair or restrict the operation of the general laws or regulations, as may be amended from time to time, of the United States, the States and their political subdivisions relating to criminal conduct, cruelty to animals, matters unrelated to antidoping, medication control and racetrack and racing safety of covered horses and covered races, and the use of medication in human participants in covered races.
(l)
added Election for other breed coverage under Act—
(k)
removed Election for other breed coverage under Act—
(1)
renumbered was (12)(2) 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 Authority. A State racing commission may elect to have a breed covered by this Act for the applicable State only.
(2)
renumbered was (12)(3) Election conditional on funding mechanism— A commission or organization may not make an election under paragraph (1) 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 election.
(3)
renumbered was (12)(4) Apportionment— The Authority shall apportion costs described in paragraph (2) in connection with an election under paragraph (1) fairly among all impacted segments of the horseracing industry, subject to approval by the Commission in accordance with section 4. Such apportionment may not provide for the allocation of costs or funds among breeds of horses.

Sec. 12 Determination of Budgetary Effects

added

added The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled “Budgetary Effects of PAYGO Legislation” for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.