The Thoroughbred Horseracing Integrity Act of 2015 (H.R. 3084) was introduced on July 16, 2015. This is the third bill introduced in this Congress to regulate horseracing at the federal level. The bill was introduced by Representatives Andy Barr (R-KY) and Paul Tonko (D-NY) and referred to the House Energy and Commerce Committee, on which Mr. Tonko sits. The bill applies only to Thoroughbred racing. To review a copy of the bill please click here: https://horsecouncil.org/thoroughbred-horseracing-integrity-act-2015-hr-3084
The bill would:
- Authorize the U.S. Anti-Doping Agency (USADA) to organize an independent anti-doping authority to be in charge of the use of drugs, medications and other practices in Thoroughbred horseracing.
- Designate that organization as the Thoroughbred Horseracing Anti-Doping Authority (THADA or the Authority), which will be composed of eleven members, including the chief operating officer of USADA, five individuals representing USADA, and five individuals appointed by USADA from the Thoroughbred industry. USADA has discretion in making these appointments.
- Give THADA the authority to draft, adopt and enforce regulations applicable to racing with respect to medications and other practices in Thoroughbred racing.
- Require all sectors of Thoroughbred racing to recognize the anti-doping oversight authority by THADA as a condition precedent to participating in interstate simulcasting, Internet wagering on horseracing, and interstate common pool wagering under the Interstate Horseracing Act (IHA). The bill would not directly amend or change the structure of the consents currently required in the IHA for interstate wagering.
- Require the racing industry to bear the costs of programs initiated by the Authority and enforcement.
The findings to the bill note that “because the various states have been unable to adopt a national uniform anti-doping program” for Thoroughbred racing, this legislation provides that “such rules, procedures and enforcement policies should be implemented, consistent with internationally accepted best practices, by an independent anti-doping organization authorized by an act of Congress.” The legislation designates THADA as the organization and gives USADA the authority to organize this independent authority.
THADA will develop and administer the anti-doping program for Thoroughbred racing. The program will become effective January 1, 2017. THADA’s anti-doping program will apply to all Thoroughbred races subject to an interstate off-track wager under the IHA and to owners, trainers, veterinarians, etc. who race horses in such races.
While the bill would not explicitly amend the IHA, THADA’s jurisdiction and authority over all involved in interstate Thoroughbred wagering would be made a condition precedent to the privilege to accept, receive, or transmit wagers on races subject to the IHA.
Composition of THADA
THADA will be a non-profit corporation initially governed by a board composed of (1) USADA’s chief executive officer; (2) five USADA board members; and (3) five individuals from different constituencies in the Thoroughbred industry, who shall be appointed by USADA.
Authority and Powers of THADA
After opportunity for industry and public comment, the Authority shall develop and administer the anti-doping program, which shall include, among other things:
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- Lists of permitted and prohibited substances and practices;
- Schedule of sanctions, including a lifetime ban from horseracing; and
- Laboratory standards for accreditation and testing requirements, procedures, and protocols.
Effective Date
The anti-doping program shall take effect on January 1, 2017. The Authority and state racing commissions shall work together with respect to doping conduct, sanctions, and investigations prior to that date. All rules called for in the bill shall be in place 120 days prior to January 1, 2017. All rules shall be subject to industry and public comment before being adopted.
Funding
The bill does not provide for any federal funding to set up the Authority and anti-doping program or its subsequent operation. Funds for the establishment and administration of the anti-doping program shall be paid entirely by the Thoroughbred racing industry.