Interstate Horseracing Improvement Act of 2011 - Amends the Interstate Horseracing Act of 1978 to prohibit: (1) entering a horse in a race that is subject to an interstate off-track wager if the person knows the horse is under the influence of a performance-enhancing drug; or (2) knowingly providing a horse with such a drug if the horse, while under the influence of such drug, will participate in a race that is subject to an interstate off-track wager.
Prohibits a host racing association from conducting a race that is the subject of an interstate off-track wager unless it has in place a policy that: (1) bans providing a performance-enhancing drug to a horse that will participate in such race while under the influence of the drug, (2) bans the racing of a horse that is under the influence, and (3) requires that an accredited third party conformity assessment body test the first-place horse and one additional randomly selected horse for any such drug and report any test results demonstrating that a horse may have participated while under the influence to the Federal Trade Commission (FTC) and any host racing commission that entered into an agreement to enforce this Act's provisions.
Sets forth penalties for violations, including: (1) civil penalties and suspension of a person providing a horse with such drug, and (2) suspension of a horse that is provided with such a drug or that is raced in violation of this Act. Provides for enforcement of this Act through private civil actions and by the FTC, including through an agreement with a host state's racing commission.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1733 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 1733
To amend the Interstate Horseracing Act of 1978 to prohibit the use of
performance-enhancing drugs in horseracing, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 4, 2011
Mr. Whitfield (for himself, Mr. Chandler, Ms. Schakowsky, and Mr.
Pitts) introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Interstate Horseracing Act of 1978 to prohibit the use of
performance-enhancing drugs in 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 ``Interstate Horseracing Improvement
Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Congress enacted the Interstate Horseracing Act of 1978
(15 U.S.C. 3001 et seq.) to regulate interstate commerce with
respect to parimutuel wagering on horseracing in order to
protect and further the horseracing industry of the United
States.
(2) The horseracing industry represents approximately
$40,000,000,000 to the United States economy annually and
generates nearly 400,000 domestic jobs.
(3) The use of performance-enhancing drugs in horseracing
adversely affects interstate commerce, creates unfair
competition, deceives horse buyers and the wagering public,
weakens the breed of the American Thoroughbred, is detrimental
to international sales of the American Thoroughbred, and
threatens the safety and welfare of horses and jockeys.
(4) 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.
(5) The use of performance-enhancing drugs in horseracing
is not permitted in most jurisdictions outside the United
States. In the internationally competitive sport of
horseracing, the United States stands alone in its permissive
use of performance-enhancing drugs.
(6) The use of performance-enhancing drugs is illegal in
the United States in every sport other than horseracing.
(7) To protect and further the horseracing industry of the
United States, it is necessary to prohibit the use of
performance-enhancing drugs in interstate horseracing.
SEC. 3. PROHIBITIONS ON USE OF PERFORMANCE-ENHANCING DRUGS.
(a) In General.--The Interstate Horseracing Act of 1978 (15 U.S.C.
3001 et seq.) is amended--
(1) by redesignating section 9 as section 11; and
(2) by inserting after section 8 the following:
``SEC. 9. PROHIBITIONS ON USE OF PERFORMANCE-ENHANCING DRUGS.
``(a) Definitions.--In this section:
``(1) Accredited third party conformity assessment body.--
The term `accredited third party conformity assessment body'
means a testing laboratory that has an accreditation--
``(A) meeting International Organization for
Standardization/International Electrotechnical
Commission standard 17025:2005 entitled `General
Requirements for the Competence of Testing and
Calibration Laboratories' (or any successor standard);
``(B) from an accreditation body that is a
signatory to the International Laboratory Accreditation
Cooperation Mutual Recognition Arrangement; and
``(C) that includes testing for performance-
enhancing drugs within the scope of the accreditation.
``(2) Performance-enhancing drug.--The term `performance-
enhancing drug'--
``(A) means any substance capable of affecting the
performance of a horse at any time by acting on the
nervous system, cardiovascular system, respiratory
system, digestive system, urinary system, reproductive
system, musculoskeletal system, blood system, immune
system (other than licensed vaccines against infectious
agents), or endocrine system of the horse; and
``(B) includes the substances listed in the
Alphabetized Listing of Drugs in the January 2010
revision of the Association of Racing Commissioners
International, Inc., publication entitled `Uniform
Classification Guidelines for Foreign Substances'.
``(b) Prohibition on Entering Horses Under the Influence of
Performance-Enhancing Drugs in Races Subject to Interstate Off-Track
Wagering.--A person may not--
``(1) enter a horse in a race that is subject to an
interstate off-track wager if the person knows the horse is
under the influence of a performance-enhancing drug; or
``(2) knowingly provide a horse with a performance-
enhancing drug if the horse, while under the influence of the
drug, will participate in a race that is subject to an
interstate off-track wager.
``(c) Regulations of the Host Racing Association Banning
Performance-Enhancing Drugs.--A host racing association may not conduct
a horserace that is the subject of an interstate off-track wager unless
the host racing association has a policy in place that--
``(1) bans any person from providing a horse with a
performance-enhancing drug if the horse will participate in
such a horserace while under the influence of the drug;
``(2) bans the racing of a horse that is under the
influence of a performance-enhancing drug;
``(3) requires, for each horserace that is the subject of
an interstate off-track wager, that an accredited third party
conformity assessment body test for any performance-enhancing
drug--
``(A) the first-place horse in the race; and
``(B) one additional horse, to be randomly selected
from the other horses participating in the race; and
``(4) requires the accredited third party conformity
assessment body performing tests described in paragraph (3) to
report any test results demonstrating that a horse may
participate, or may have participated, in a horserace that is
the subject of an interstate off-track wager while under the
influence of a performance-enhancing drug--
``(A) to the Federal Trade Commission; and
``(B) if the host racing commission has entered
into an agreement under subsection (e), to the host
racing commission.
``(d) Penalties.--
``(1) Civil penalties.--
``(A) In general.--A person that provides a horse
with a performance-enhancing drug or races a horse in
violation of subsection (b) shall be--
``(i) for the first such violation--
``(I) subject to a civil penalty of
not less than $5,000; and
``(II) suspended for a period of
not less than 180 days from all
activities relating to any horserace
that is the subject of an interstate
off-track wager;
``(ii) for the second such violation--
``(I) subject to a civil penalty of
not less than $20,000; and
``(II) suspended for a period of
not less than 1 year from all
activities relating to any horserace
that is the subject of an interstate
off-track wager; and
``(iii) for the third or subsequent such
violation--
``(I) subject to a civil penalty of
not less than $50,000; and
``(II) permanently banned from all
activities relating to any horserace
that is the subject of an interstate
off-track wager.
``(B) Horseracing activities.--For purposes of
subparagraph (A), activities relating to a horserace
that is the subject of an interstate off-track wager
include being physically present at any race track at
which any such horserace takes place, placing a wager
on any such horserace, and entering a horse in any such
horserace.
``(C) Payment of civil penalties.--A civil penalty
imposed under this paragraph shall be paid to the
United States without regard to whether the imposition
of the penalty results from the initiation of a civil
action pursuant to section 10.
``(2) Suspension of horses.--A horse that is provided with
a performance-enhancing drug or is raced in violation of
subsection (b) shall--
``(A) for the first such violation, be suspended
for a period of not less than 180 days from racing in
any horserace that is the subject of an interstate off-
track wager;
``(B) for the second such violation, be suspended
for a period of not less than 1 year from racing in any
horserace that is the subject of an interstate off-
track wager; and
``(C) for the third or subsequent such violation,
be suspended for a period of not less than 2 years from
racing in any horserace that is the subject of an
interstate off-track wager.
``(3) Violations in multiple states.--A person shall be
subject to a penalty described in clause (ii) or (iii) of
paragraph (1)(A), and a horse shall be subject to suspension
under subparagraph (B) or (C) of paragraph (2), for a second or
subsequent violation of subsection (b) without regard to
whether the prior violation and the second or subsequent
violation occurred in the same State.
``(e) Agreements for Enforcement by Host Racing Commissions.--
``(1) In general.--The Federal Trade Commission may enter
into an agreement with a host racing commission under which the
host racing commission agrees to enforce the provisions of this
section with respect to horseraces that are the subject of
interstate off-track wagers in the host State.
``(2) Conditional availability of civil penalties to host
racing commissions.--If a host racing commission agrees to
enforce the provisions of this section pursuant to an agreement
under paragraph (1), any amounts received by the United States
as a result of a civil penalty imposed under subsection (d)(1)
with respect to a horserace that occurred in the State in which
the host racing commission operates shall be available to the
host racing commission, without further appropriation and until
expended, to cover the costs incurred by the host racing
commission in enforcing the provisions of this section.
``(f) Enforcement by the Federal Trade Commission.--
``(1) In general.--The Federal Trade Commission shall
enforce the provisions of this section--
``(A) with respect to horseraces that are the
subject of interstate off-track wagers that occur--
``(i) in any State in which the host racing
commission does not enter into an agreement
under subsection (e); and
``(ii) in any State in which the host
racing commission has entered into an agreement
under subsection (e) if the Federal Trade
Commission determines the host racing
commission is not adequately enforcing the
provisions of this section; and
``(B) with respect to violations of subsection (b)
by a person, or with respect to a horse, in multiple
States.
``(2) Unfair or deceptive act or practice; actions by
federal trade commission.--In cases in which the Federal Trade
Commission enforces the provisions of this section pursuant to
paragraph (1)--
``(A) a violation of a prohibition described in
subsection (b) or (c) shall be treated as a violation
of a rule defining an unfair or deceptive act or
practice described under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B));
and
``(B) except as provided in paragraph (3), the
Federal Trade Commission shall enforce the provisions
of this section in the same manner, by the same means,
and with the same jurisdiction, powers, and duties as
though all applicable terms and provisions of the
Federal Trade Commission Act (15 U.S.C. 41 et seq.)
were incorporated into and made part of this section.
``(3) Enforcement with respect to nonprofit
organizations.--Notwithstanding any provision of the Federal
Trade Commission Act (15 U.S.C. 41 et seq.), the Federal Trade
Commission shall have the authority to enforce the provisions
of this section pursuant to paragraph (1) with respect to
organizations that are described in section 501(c)(3) of the
Internal Revenue Code of 1986 and that are exempt from taxation
under section 501(a) of such Code.
``(g) Rulemaking.--The Federal Trade Commission shall prescribe
such rules as may be necessary to carry out the provisions of this
section in accordance with the provisions of section 553 of title 5,
United States Code.
``(h) Effect on State Laws.--Nothing in this section preempts a
State from adopting or enforcing a law, policy, or regulation
prohibiting the use of performance-enhancing drugs in horseracing to
the extent that the law, policy, or regulation imposes additional
requirements or higher penalties than are provided for under this
section.
``SEC. 10. PRIVATE RIGHT OF ACTION FOR CERTAIN VIOLATIONS.
``Notwithstanding sections 6 and 7, in any case in which a person
has reason to believe that an interest of that person is threatened or
adversely affected by the engagement of another person in a practice
that violates a provision of section 9 or a rule prescribed under
section 9, the person may bring a civil action in an appropriate
district court of the United States or other court of competent
jurisdiction--
``(1) to enjoin the practice;
``(2) to enforce compliance with the provision or rule;
``(3) to enforce the penalties provided for under section
9(d);
``(4) to obtain damages or restitution, including court
costs and reasonable attorney and expert witness fees; and
``(5) to obtain such other relief as the court considers
appropriate.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act and apply with
respect to horseraces occurring on or after that date.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Commerce, Manufacturing, and Trade.
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