[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2641 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 2641

To improve the integrity and safety of interstate horseracing, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 3, 2015

 Mr. Pitts (for himself, Ms. Schakowsky, and Ms. Eshoo) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
To improve the integrity and safety of interstate horseracing, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Horseracing Integrity and Safety Act 
of 2015''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The Federal Food, Drug, and Cosmetic Act prohibits the 
        adulteration or misbranding of any food, drug, or device in 
        interstate commerce.
            (2) The manufacture, delivery, and use of certain 
        performance enhancing drugs in horseracing can constitute 
        violations of the Federal Food, Drug, and Cosmetic Act.
            (3) According to a Food and Drug Administration Import 
        Alert titled ``Animal Drug Imported For Use By Racetrack 
        Veterinarians'', the Food and Drug Administration routinely 
        receives complaints from State racetrack authorities about the 
        illegal use of clenbuterol, detomidine hydrochloride, 
        glucosaminoglycan polysulfuric acid ester, hyaluronic acid, and 
        isoxsuprine hydrochloride.
            (4) Currently, nearly every horse participating in 
        interstate horseracing is injected shortly before racing with 
        furosemide, a drug that is approved by the Food and Drug 
        Administration for use in horses only for the treatment of 
        edema.
            (5) Congress enacted the Interstate Horseracing Act of 1978 
        to regulate interstate commerce with respect to parimutuel 
        wagering on horseracing in order to further the horseracing 
        industry of the United States.
            (6) The use of performance-enhancing drugs in horseracing 
        is widespread in the United States, where no uniform 
        regulations exist with respect to the use of, and testing for, 
        performance-enhancing drugs in interstate horseracing.
            (7) A 2012 New York Times investigation found that, on 
        average, every week 24 horses die racing, a high equine 
        fatality rate likely caused by the misuse of permitted 
        medication and abuse of illegal drugs.
            (8) A 2013 horseracing industry study found that a large 
        majority of parimutuel wagering participants avoid wagering at 
        certain tracks and when certain trainers compete because they 
        assume illegal drug use affects race results.
            (9) Total parimutuel wagering on Thoroughbred horseracing 
        in the United States declined 30 percent from 2002 to 2014.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Interstate off-track wager; horsemen's group; host 
        racing association; off-track betting system.--The terms 
        ``interstate off-track wager'', ``horsemen's group'', ``host 
        racing association'', and ``off-track betting system'' have the 
        meanings given those terms in section 3 of the Interstate 
        Horseracing Act of 1978 (15 U.S.C. 3002).
            (2) Veterinarian-client-patient relationship.--The term 
        ``veterinarian-client-patient relationship'' has the meaning of 
        that term as used in the Principles of Veterinary Medical 
        Ethics of the American Veterinary Medical Association (as in 
        effect on the date of the enactment of this Act).

SEC. 4. INDEPENDENT ANTI-DOPING ORGANIZATION FOR INTERSTATE 
              HORSERACING.

    (a) In General.--There shall be an independent anti-doping 
organization with responsibility for ensuring the integrity and safety 
of horseraces that are the subject of interstate off-track wagers.
    (b) Duties.--The duties of the independent anti-doping organization 
referred to in subsection (a) with respect to horseraces described in 
that subsection are the following:
            (1) Developing, publishing, and maintaining rules with 
        respect to--
                    (A) substances, methods, and treatments that may 
                not be administered to a horse participating in such a 
                horserace;
                    (B) substances, methods, and treatments that may be 
                administered to a horse participating in such a 
                horserace in the context of a veterinarian-client-
                patient relationship; and
                    (C) the use of substances, methods, and treatments 
                permitted under subparagraph (B), including rules with 
                respect to the period before a horserace (which may not 
                be less than 24 hours before a horserace) during which 
                a horse may no longer receive such substances, methods, 
                and treatments.
            (2) Implementing programs relating to anti-doping 
        education, research, testing, and adjudication to prevent any 
        horse participating in a horserace described in subsection (a) 
        from racing under the effect of any substance, method, or 
        treatment that could affect the performance of the horse (other 
        than a substance, method, or treatment described in 
        subparagraph (B) of paragraph (1) administered during a time 
        period that is permitted under subparagraph (C) of that 
        paragraph).
            (3) Excluding from participating in any horserace described 
        in subsection (a) any person that the independent anti-doping 
        organization or a State racing commission determines--
                    (A) has violated a rule with respect to a 
                substance, method, or treatment that may not be 
                administered to a horse participating in such a 
                horserace under subparagraph (A) of paragraph (1);
                    (B) has violated 3 or more times a rule with 
                respect to a substance, method, or treatment permitted 
                under subparagraphs (B) and (C) of that paragraph that 
                has the ability to affect the performance of a horse; 
                or
                    (C) is subject to a suspension from horseracing 
                activities by any State racing commission.
    (c) Deadline.--The independent anti-doping organization referred to 
in subsection (a) shall publish the rules required by subsection (b) 
not later than one year after the date of the enactment of this Act.
    (d) Suspension of Exclusion Period.--The independent anti-doping 
organization referred to in subsection (a) may--
            (1) suspend a period of exclusion from participating in a 
        horserace imposed on a person pursuant to subsection (b)(3) if 
        the person provides substantial assistance to the organization 
        or other persons that results in the discovery of--
                    (A) a violation of a rule published under 
                subsection (b) by another person; or
                    (B) a violation of Federal or State law by another 
                person; and
            (2) may reinstate all or part of a period of exclusion 
        imposed on a person and suspended under paragraph (1) if the 
        person fails to provide substantial assistance described in 
        that paragraph.
    (e) Consultations.--In developing, publishing, and maintaining 
rules under subsection (b)(1), the independent anti-doping organization 
referred to in subsection (a) shall consult with State racing 
commissions, host racing associations, horsemen's groups, and other 
interested persons.
    (f) Transition Rule With Respect to Furosemide.--During the 2-year 
period beginning on the date of the enactment of this Act, the 
independent anti-doping organization referred to in subsection (a) 
shall permit the use of furosemide in a horse participating in a 
horserace described in subsection (a) if--
            (1) the horse is 3 years old or older; and
            (2) the use of furosemide--
                    (A) complies with the requirements of the document 
                entitled ``ARCI-011-020 Medications and Prohibited 
                Substances'' published by the Association of Racing 
                Commissioners International, Inc.; and
                    (B) is within the context of a veterinarian-client-
                patient relationship.
    (g) Designation of Organization.--The independent anti-doping 
organization designated pursuant to section 701 of the Office of 
National Drug Control Policy Reauthorization Act of 2006 (21 U.S.C. 
2001) shall serve as the independent anti-doping organization referred 
to in subsection (a).

SEC. 5. CONSENT REQUIRED FOR ACCEPTANCE OF INTERSTATE OFF-TRACK WAGERS.

    (a) In General.--On and after the date of the enactment of this 
Act, a host racing association may conduct a horserace that is the 
subject of an interstate off-track wager, and an interstate off-track 
wager may be accepted by an off-track betting system, only if consent 
is obtained from the independent anti-doping organization referred to 
in section 4(a).
    (b) Requirement for Agreement.--
            (1) In general.--A host racing association shall obtain the 
        consent required by subsection (a) of the independent anti-
        doping organization referred to in section 4(a) pursuant to an 
        agreement entered into between the association and the 
        organization that specifies the terms and conditions relating 
        to such consent, including--
                    (A) compliance with the rules published under 
                section 4(b); and
                    (B) payments to the organization to defray the 
                costs of carrying out the duties of the organization 
                under this Act.
            (2) Defrayal of costs.--The independent anti-doping 
        organization referred to in section 4(a) shall ensure that all 
        of the costs incurred by the organization in carrying out the 
        duties of the organization under this Act are defrayed pursuant 
        to agreements entered into under paragraph (1).
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