Racehorse Doping Ban Act of 2019

II 116TH CONGRESS 1ST SESSION S. 1488 To improve the integrity and safety of interstate horseracing, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 15, 2019 Mr. UDALL (for himself and Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To improve the integrity and safety of interstate horseracing, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Racehorse Doping Ban 4 Act of 2019’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) INTERSTATE OFF-TRACK WAGER; HORSE- 8 MEN’S GROUP; HOST RACING ASSOCIATION; OFF- 9 TRACK BETTING SYSTEM.—The terms ‘‘interstate 10 VerDate Sep 11 2014 02:25 May 25, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1488.IS S1488 kjohnson on DSK79L0C42 with BILLS 2 •S 1488 IS off-track wager’’, ‘‘horsemen’s group’’, ‘‘host racing 1 association’’, and ‘‘off-track betting system’’ have 2 the meanings given those terms in section 3 of the 3 Interstate Horseracing Act of 1978 (15 U.S.C. 4 3002). 5 (2) VETERINARIAN-CLIENT-PATIENT RELATION- 6 SHIP.—The term ‘‘veterinarian-client-patient rela- 7 tionship’’ has the meaning of that term as used in 8 the Principles of Veterinary Medical Ethics of the 9 American Veterinary Medical Association (as in ef- 10 fect on the date of the enactment of this Act). 11 SEC. 3. INDEPENDENT ANTI-DOPING ORGANIZATION FOR 12 INTERSTATE HORSERACING. 13 (a) IN GENERAL.—There shall be an independent 14 anti-doping organization with responsibility for ensuring 15 the integrity and safety of horseraces that are the subject 16 of interstate off-track wagers. 17 (b) DUTIES.—The duties of the independent anti- 18 doping organization referred to in subsection (a) with re- 19 spect to horseraces described in that subsection are the 20 following: 21 (1) Developing, publishing, and maintaining 22 rules with respect to— 23 VerDate Sep 11 2014 02:25 May 25, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1488.IS S1488 kjohnson on DSK79L0C42 with BILLS 3 •S 1488 IS (A) substances, methods, and treatments 1 that may not be administered to a horse partici- 2 pating in such a horserace; 3 (B) substances, methods, and treatments 4 that may be administered to a horse partici- 5 pating in such a horserace in the context of a 6 veterinarian-client-patient relationship; and 7 (C) the use of substances, methods, and 8 treatments permitted under subparagraph (B), 9 including rules with respect to the period before 10 a horserace (which may not be less than 24 11 hours before a horserace) during which a horse 12 may no longer receive such substances, meth- 13 ods, and treatments. 14 (2) Implementing programs relating to anti- 15 doping education, research, testing, and adjudication 16 to prevent any horse participating in a horserace de- 17 scribed in subsection (a) from racing under the ef- 18 fect of any substance, method, or treatment that 19 could affect the performance of the horse (other 20 than a substance, method, or treatment described in 21 subparagraph (B) of paragraph (1) administered 22 during a time period that is permitted under sub- 23 paragraph (C) of that paragraph). 24 VerDate Sep 11 2014 02:25 May 25, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1488.IS S1488 kjohnson on DSK79L0C42 with BILLS 4 •S 1488 IS (3) Excluding from participating in any horse- 1 race described in subsection (a) any person that the 2 independent anti-doping organization or a State rac- 3 ing commission determines— 4 (A) has violated a rule with respect to a 5 substance, method, or treatment that may not 6 be administered to a horse participating in such 7 a horserace under subparagraph (A) of para- 8 graph (1); 9 (B) has violated three or more times a rule 10 with respect to a substance, method, or treat- 11 ment permitted under subparagraphs (B) and 12 (C) of that paragraph that has the ability to af- 13 fect the performance of a horse; or 14 (C) is subject to a suspension from horse- 15 racing activities by any State racing commis- 16 sion. 17 (c) DEADLINE.—The independent anti-doping orga- 18 nization referred to in subsection (a) shall publish the 19 rules required by subsection (b) not later than one year 20 after the date of the enactment of this Act. 21 (d) SUSPENSION OF EXCLUSION PERIOD.—The inde- 22 pendent anti-doping organization referred to in subsection 23 (a) may— 24 VerDate Sep 11 2014 02:25 May 25, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1488.IS S1488 kjohnson on DSK79L0C42 with BILLS 5 •S 1488 IS (1) suspend a period of exclusion from partici- 1 pating in a horserace imposed on a person pursuant 2 to subsection (b)(3) if the person provides substan- 3 tial assistance to the organization or other persons 4 that results in the discovery of— 5 (A) a violation of a rule published under 6 subsection (b) by another person; or 7 (B) a violation of Federal or State law by 8 another person; and 9 (2) reinstate all or part of a period of exclusion 10 imposed on a person and suspended under para- 11 graph (1) if the person fails to provide substantial 12 assistance described in that paragraph. 13 (e) CONSULTATIONS.—In developing, publishing, and 14 maintaining rules under subsection (b)(1), the inde- 15 pendent anti-doping organization referred to in subsection 16 (a) may consult with State racing commissions, host rac- 17 ing associations, horsemen’s groups, and other interested 18 persons. 19 (f) TRANSITION RULE WITH RESPECT TO 20 FUROSEMIDE.—During the 2-year period beginning on 21 the date of the enactment of this Act, the independent 22 anti-doping organization referred to in subsection (a) shall 23 permit the use of furosemide in a horse participating in 24 a horserace described in subsection (a) if— 25 VerDate Sep 11 2014 02:25 May 25, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1488.IS S1488 kjohnson on DSK79L0C42 with BILLS 6 •S 1488 IS (1) the horse is 3 years old or older; and 1 (2) the use of furosemide— 2 (A) complies with the requirements of the 3 document entitled ‘‘ARCI–011–020 Medications 4 and Prohibited Substances’’ published by the 5 Association of Racing Commissioners Inter- 6 national, Inc.; and 7 (B) is within the context of a veterinarian- 8 client-patient relationship. 9 (g) DESIGNATION OF ORGANIZATION.—The inde- 10 pendent anti-doping organization designated pursuant to 11 section 701 of the Office of National Drug Control Policy 12 Reauthorization Act of 2006 (21 U.S.C. 2001) shall serve 13 as the independent anti-doping organization referred to in 14 subsection (a). 15 SEC. 4. CONSENT REQUIRED FOR ACCEPTANCE OF INTER- 16 STATE OFF-TRACK WAGERS. 17 (a) IN GENERAL.—On and after the date of the en- 18 actment of this Act, a host racing association may conduct 19 a horserace that is the subject of an interstate off-track 20 wager, and an interstate off-track wager may be accepted 21 by an off-track betting system, only if consent is obtained 22 from the independent anti-doping organization referred to 23 in section 3(a). 24 (b) REQUIREMENT FOR AGREEMENT.— 25 VerDate Sep 11 2014 02:25 May 25, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1488.IS S1488 kjohnson on DSK79L0C42 with BILLS 7 •S 1488 IS (1) IN GENERAL.—A host racing association 1 shall obtain the consent required by subsection (a) 2 of the independent anti-doping organization referred 3 to in section 3(a) pursuant to an agreement entered 4 into between the association and the organization 5 that specifies the terms and conditions relating to 6 such consent, including— 7 (A) compliance with the rules published 8 under section 3(b); and 9 (B) payments to the organization to defray 10 the costs of carrying out the duties of the orga- 11 nization under this Act. 12 (2) DEFRAYAL OF COSTS.—The independent 13 anti-doping organization referred to in section 3(a) 14 shall ensure that all of the costs incurred by the or- 15 ganization in carrying out the duties of the organiza- 16 tion under this Act are defrayed pursuant to agree- 17 ments entered into under paragraph (1). 18 Æ VerDate Sep 11 2014 02:25 May 25, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\S1488.IS S1488 kjohnson on DSK79L0C42 with BILLS