I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Horseracing Integrity 

5 and Safety Act of 2015’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 

8 (1) The Federal Food, Drug, and Cosmetic Act 

9 prohibits the adulteration or misbranding of any 

10 food, drug, or device in interstate commerce. 

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1 (2) The manufacture, delivery, and use of cer2 tain performance enhancing drugs in horseracing 

3 can constitute violations of the Federal Food, Drug, 

4 and Cosmetic Act. 

5 (3) According to a Food and Drug Administra6 tion Import Alert titled ‘‘Animal Drug Imported For 

7 Use By Racetrack Veterinarians’’, the Food and 

8 Drug Administration routinely receives complaints 

9 from State racetrack authorities about the illegal use 

10 of clenbuterol, detomidine hydrochloride, glucosa11 minoglycan polysulfuric acid ester, hyaluronic acid, 

12 and isoxsuprine hydrochloride. 

13 (4) Currently, nearly every horse participating 

14 in interstate horseracing is injected shortly before 

15 racing with furosemide, a drug that is approved by 

16 the Food and Drug Administration for use in horses 

17 only for the treatment of edema. 

18 (5) Congress enacted the Interstate Horse19 racing Act of 1978 to regulate interstate commerce 

20 with respect to parimutuel wagering on horseracing 

21 in order to further the horseracing industry of the 

22 United States. 

23 (6) The use of performance-enhancing drugs in 

24 horseracing is widespread in the United States, 

25 where no uniform regulations exist with respect to 

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1 the use of, and testing for, performance-enhancing 

2 drugs in interstate horseracing. 

3 (7) A 2012 New York Times investigation 

4 found that, on average, every week 24 horses die 

5 racing, a high equine fatality rate likely caused by 

6 the misuse of permitted medication and abuse of ille7 gal drugs. 

8 (8) A 2013 horseracing industry study found 

9 that a large majority of parimutuel wagering partici10 pants avoid wagering at certain tracks and when 

11 certain trainers compete because they assume illegal 

12 drug use affects race results. 

13 (9) Total parimutuel wagering on Thorough14 bred horseracing in the United States declined 30 

15 percent from 2002 to 2014. 

16 SEC. 3. DEFINITIONS. 

17 In this Act: 

18 (1) INTERSTATE OFF-TRACK WAGER; HORSE19 MEN’S GROUP; HOST RACING ASSOCIATION; OFF20 TRACK BETTING SYSTEM.—The terms ‘‘interstate 

21 off-track wager’’, ‘‘horsemen’s group’’, ‘‘host racing 

22 association’’, and ‘‘off-track betting system’’ have 

23 the meanings given those terms in section 3 of the 

24 Interstate Horseracing Act of 1978 (15 U.S.C. 

25 3002). 

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1 (2) VETERINARIAN-CLIENT-PATIENT RELATION2 SHIP.—The term ‘‘veterinarian-client-patient rela3 tionship’’ has the meaning of that term as used in 

4 the Principles of Veterinary Medical Ethics of the 

5 American Veterinary Medical Association (as in ef6 fect on the date of the enactment of this Act). 

7 SEC. 4. INDEPENDENT ANTI-DOPING ORGANIZATION FOR 

8 INTERSTATE HORSERACING. 

9 (a) IN GENERAL.—There shall be an independent 

10 anti-doping organization with responsibility for ensuring 

11 the integrity and safety of horseraces that are the subject 

12 of interstate off-track wagers. 

13 (b) DUTIES.—The duties of the independent anti14 doping organization referred to in subsection (a) with re15 spect to horseraces described in that subsection are the 

16 following: 

17 (1) Developing, publishing, and maintaining 

18 rules with respect to— 

19 (A) substances, methods, and treatments 

20 that may not be administered to a horse partici21 pating in such a horserace; 

22 (B) substances, methods, and treatments 

23 that may be administered to a horse partici24 pating in such a horserace in the context of a 

25 veterinarian-client-patient relationship; and 

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1 (C) the use of substances, methods, and 

2 treatments permitted under subparagraph (B), 

3 including rules with respect to the period before 

4 a horserace (which may not be less than 24 

5 hours before a horserace) during which a horse 

6 may no longer receive such substances, meth7 ods, and treatments. 

8 (2) Implementing programs relating to anti9 doping education, research, testing, and adjudication 

10 to prevent any horse participating in a horserace de11 scribed in subsection (a) from racing under the ef12 fect of any substance, method, or treatment that 

13 could affect the performance of the horse (other 

14 than a substance, method, or treatment described in 

15 subparagraph (B) of paragraph (1) administered 

16 during a time period that is permitted under sub17 paragraph (C) of that paragraph). 

18 (3) Excluding from participating in any horse19 race described in subsection (a) any person that the 

20 independent anti-doping organization or a State rac21 ing commission determines— 

22 (A) has violated a rule with respect to a 

23 substance, method, or treatment that may not 

24 be administered to a horse participating in such 

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1 a horserace under subparagraph (A) of para2 graph (1); 

3 (B) has violated 3 or more times a rule 

4 with respect to a substance, method, or treat5 ment permitted under subparagraphs (B) and 

6 (C) of that paragraph that has the ability to af7 fect the performance of a horse; or 

8 (C) is subject to a suspension from horse9 racing activities by any State racing commis10 sion. 

11 (c) DEADLINE.—The independent anti-doping orga12 nization referred to in subsection (a) shall publish the 

13 rules required by subsection (b) not later than one year 

14 after the date of the enactment of this Act. 

15 (d) SUSPENSION OF EXCLUSION PERIOD.—The inde16 pendent anti-doping organization referred to in subsection 

17 (a) may— 

18 (1) suspend a period of exclusion from partici19 pating in a horserace imposed on a person pursuant 

20 to subsection (b)(3) if the person provides substan21 tial assistance to the organization or other persons 

22 that results in the discovery of— 

23 (A) a violation of a rule published under 

24 subsection (b) by another person; or 

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1 (B) a violation of Federal or State law by 

2 another person; and 

3 (2) may reinstate all or part of a period of ex4 clusion imposed on a person and suspended under 

5 paragraph (1) if the person fails to provide substan6 tial assistance described in that paragraph. 

7 (e) CONSULTATIONS.—In developing, publishing, and 

8 maintaining rules under subsection (b)(1), the inde9 pendent anti-doping organization referred to in subsection 

10 (a) shall consult with State racing commissions, host rac11 ing associations, horsemen’s groups, and other interested 

12 persons. 

13 (f) TRANSITION RULE WITH RESPECT TO

14 FUROSEMIDE.—During the 2-year period beginning on 

15 the date of the enactment of this Act, the independent 

16 anti-doping organization referred to in subsection (a) shall 

17 permit the use of furosemide in a horse participating in 

18 a horserace described in subsection (a) if— 

19 (1) the horse is 3 years old or older; and 

20 (2) the use of furosemide— 

21 (A) complies with the requirements of the 

22 document entitled ‘‘ARCI–011–020 Medications 

23 and Prohibited Substances’’ published by the 

24 Association of Racing Commissioners Inter25 national, Inc.; and 

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1 (B) is within the context of a veterinarian2 client-patient relationship. 

3 (g) DESIGNATION OF ORGANIZATION.—The inde4 pendent anti-doping organization designated pursuant to 

5 section 701 of the Office of National Drug Control Policy 

6 Reauthorization Act of 2006 (21 U.S.C. 2001) shall serve 

7 as the independent anti-doping organization referred to in 

8 subsection (a). 

9 SEC. 5. CONSENT REQUIRED FOR ACCEPTANCE OF INTER10 STATE OFF-TRACK WAGERS. 

11 (a) IN GENERAL.—On and after the date of the en12 actment of this Act, a host racing association may conduct 

13 a horserace that is the subject of an interstate off-track 

14 wager, and an interstate off-track wager may be accepted 

15 by an off-track betting system, only if consent is obtained 

16 from the independent anti-doping organization referred to 

17 in section 4(a). 

18 (b) REQUIREMENT FOR AGREEMENT.— 

19 (1) IN GENERAL.—A host racing association 

20 shall obtain the consent required by subsection (a) 

21 of the independent anti-doping organization referred 

22 to in section 4(a) pursuant to an agreement entered 

23 into between the association and the organization 

24 that specifies the terms and conditions relating to 

25 such consent, including— 

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1 (A) compliance with the rules published 

2 under section 4(b); and 

3 (B) payments to the organization to defray 

4 the costs of carrying out the duties of the orga5 nization under this Act. 

6 (2) DEFRAYAL OF COSTS.—The independent 

7 anti-doping organization referred to in section 4(a) 

8 shall ensure that all of the costs incurred by the or9 ganization in carrying out the duties of the organiza10 tion under this Act are defrayed pursuant to agree11 ments entered into under paragraph (1). 

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