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. 

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 ‘‘Racehorse Doping Ban 

5 Act of 2019’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) INTERSTATE OFF-TRACK WAGER; HORSE9 MEN’S GROUP; HOST RACING ASSOCIATION; OFF10 TRACK BETTING SYSTEM.—The terms ‘‘interstate 


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

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

3 the meanings given those terms in section 3 of the 

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

5 3002). 

6 (2) VETERINARIAN-CLIENT-PATIENT RELATION7 SHIP.—The term ‘‘veterinarian-client-patient rela8 tionship’’ has the meaning of that term as used in 

9 the Principles of Veterinary Medical Ethics of the 

10 American Veterinary Medical Association (as in ef11 fect on the date of the enactment of this Act). 

12 SEC. 3. INDEPENDENT ANTI-DOPING ORGANIZATION FOR 

13 INTERSTATE HORSERACING. 

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

15 anti-doping organization with responsibility for ensuring 

16 the integrity and safety of horseraces that are the subject 

17 of interstate off-track wagers. 

18 (b) DUTIES.—The duties of the independent anti19 doping organization referred to in subsection (a) with re20 spect to horseraces described in that subsection are the 

21 following: 

22 (1) Developing, publishing, and maintaining 

23 rules with respect to— 


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1 (A) substances, methods, and treatments 

2 that may not be administered to a horse partici3 pating in such a horserace; 

4 (B) substances, methods, and treatments 

5 that may be administered to a horse partici6 pating in such a horserace in the context of a 

7 veterinarian-client-patient relationship; and 

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

9 treatments permitted under subparagraph (B), 

10 including rules with respect to the period before 

11 a horserace (which may not be less than 24 

12 hours before a horserace) during which a horse 

13 may no longer receive such substances, meth14 ods, and treatments. 

15 (2) Implementing programs relating to anti16 doping education, research, testing, and adjudication 

17 to prevent any horse participating in a horserace de18 scribed in subsection (a) from racing under the ef19 fect of any substance, method, or treatment that 

20 could affect the performance of the horse (other 

21 than a substance, method, or treatment described in 

22 subparagraph (B) of paragraph (1) administered 

23 during a time period that is permitted under sub24 paragraph (C) of that paragraph). 


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1 (3) Excluding from participating in any horse2 race described in subsection (a) any person that the 

3 independent anti-doping organization or a State rac4 ing commission determines— 

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

6 substance, method, or treatment that may not 

7 be administered to a horse participating in such 

8 a horserace under subparagraph (A) of para9 graph (1); 

10 (B) has violated three or more times a rule 

11 with respect to a substance, method, or treat12 ment permitted under subparagraphs (B) and 

13 (C) of that paragraph that has the ability to af14 fect the performance of a horse; or 

15 (C) is subject to a suspension from horse16 racing activities by any State racing commis17 sion. 

18 (c) DEADLINE.—The independent anti-doping orga19 nization referred to in subsection (a) shall publish the 

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

21 after the date of the enactment of this Act. 

22 (d) SUSPENSION OF EXCLUSION PERIOD.—The inde23 pendent anti-doping organization referred to in subsection 

24 (a) may— 


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1 (1) suspend a period of exclusion from partici2 pating in a horserace imposed on a person pursuant 

3 to subsection (b)(3) if the person provides substan4 tial assistance to the organization or other persons 

5 that results in the discovery of— 

6 (A) a violation of a rule published under 

7 subsection (b) by another person; or 

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

9 another person; and 

10 (2) reinstate all or part of a period of exclusion 

11 imposed on a person and suspended under para12 graph (1) if the person fails to provide substantial 

13 assistance described in that paragraph. 

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

15 maintaining rules under subsection (b)(1), the inde16 pendent anti-doping organization referred to in subsection 

17 (a) may consult with State racing commissions, host rac18 ing associations, horsemen’s groups, and other interested 

19 persons. 

20 (f) TRANSITION RULE WITH RESPECT TO

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

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

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

24 permit the use of furosemide in a horse participating in 

25 a horserace described in subsection (a) if— 


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

2 (2) the use of furosemide— 

3 (A) complies with the requirements of the 

4 document entitled ‘‘ARCI–011–020 Medications 

5 and Prohibited Substances’’ published by the 

6 Association of Racing Commissioners Inter7 national, Inc.; and 

8 (B) is within the context of a veterinarian9 client-patient relationship. 

10 (g) DESIGNATION OF ORGANIZATION.—The inde11 pendent anti-doping organization designated pursuant to 

12 section 701 of the Office of National Drug Control Policy 

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

14 as the independent anti-doping organization referred to in 

15 subsection (a). 

16 SEC. 4. CONSENT REQUIRED FOR ACCEPTANCE OF INTER17 STATE OFF-TRACK WAGERS. 

18 (a) IN GENERAL.—On and after the date of the en19 actment of this Act, a host racing association may conduct 

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

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

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

23 from the independent anti-doping organization referred to 

24 in section 3(a). 

25 (b) REQUIREMENT FOR AGREEMENT.— 


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

2 shall obtain the consent required by subsection (a) 

3 of the independent anti-doping organization referred 

4 to in section 3(a) pursuant to an agreement entered 

5 into between the association and the organization 

6 that specifies the terms and conditions relating to 

7 such consent, including— 

8 (A) compliance with the rules published 

9 under section 3(b); and 

10 (B) payments to the organization to defray 

11 the costs of carrying out the duties of the orga12 nization under this Act. 

13 (2) DEFRAYAL OF COSTS.—The independent 

14 anti-doping organization referred to in section 3(a) 

15 shall ensure that all of the costs incurred by the or16 ganization in carrying out the duties of the organiza17 tion under this Act are defrayed pursuant to agree18 ments entered into under paragraph (1). 

Æ 


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