HR 1733 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 1733CommentsClose CommentsPermalink

To amend the Interstate Horseracing Act of 1978 to prohibit the use of performance-enhancing drugs in horseracing, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

May 4, 2011CommentsClose CommentsPermalink

Mr. WHITFIELD (for himself, Mr. CHANDLER, Ms. SCHAKOWSKY, and Mr. PITTS) introduced the following bill; which was referred to the Committee on Energy and CommerceCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend the Interstate Horseracing Act of 1978 to prohibit the use of performance-enhancing drugs in horseracing, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Interstate Horseracing Improvement Act of 2011’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds the following:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) The horseracing industry represents approximately $40,000,000,000 to the United States economy annually and generates nearly 400,000 domestic jobs.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(6) The use of performance-enhancing drugs is illegal in the United States in every sport other than horseracing.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) by redesignating section 9 as section 11; andCommentsClose CommentsPermalink





(2) by inserting after section 8 the following:CommentsClose CommentsPermalink

‘SEC. 9. PROHIBITIONS ON USE OF PERFORMANCE-ENHANCING DRUGS.

‘(a) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) ACCREDITED THIRD PARTY CONFORMITY ASSESSMENT BODY- The term ‘accredited third party conformity assessment body’ means a testing laboratory that has an accreditation--CommentsClose CommentsPermalink





‘(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);CommentsClose CommentsPermalink





‘(B) from an accreditation body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement; andCommentsClose CommentsPermalink





‘(C) that includes testing for performance-enhancing drugs within the scope of the accreditation.CommentsClose CommentsPermalink





‘(2) PERFORMANCE-ENHANCING DRUG- The term ‘performance-enhancing drug’--CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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’.CommentsClose CommentsPermalink





‘(b) Prohibition on Entering Horses Under the Influence of Performance-Enhancing Drugs in Races Subject to Interstate Off-Track Wagering- A person may not--CommentsClose CommentsPermalink





‘(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; orCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(2) bans the racing of a horse that is under the influence of a performance-enhancing drug;CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) the first-place horse in the race; andCommentsClose CommentsPermalink





‘(B) one additional horse, to be randomly selected from the other horses participating in the race; andCommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) to the Federal Trade Commission; andCommentsClose CommentsPermalink





‘(B) if the host racing commission has entered into an agreement under subsection (e), to the host racing commission.CommentsClose CommentsPermalink





‘(d) Penalties-CommentsClose CommentsPermalink





‘(1) CIVIL PENALTIES-CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(i) for the first such violation--CommentsClose CommentsPermalink





‘(I) subject to a civil penalty of not less than $5,000; andCommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(ii) for the second such violation--CommentsClose CommentsPermalink





‘(I) subject to a civil penalty of not less than $20,000; andCommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(iii) for the third or subsequent such violation--CommentsClose CommentsPermalink





‘(I) subject to a civil penalty of not less than $50,000; andCommentsClose CommentsPermalink





‘(II) permanently banned from all activities relating to any horserace that is the subject of an interstate off-track wager.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(2) SUSPENSION OF HORSES- A horse that is provided with a performance-enhancing drug or is raced in violation of subsection (b) shall--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(e) Agreements for Enforcement by Host Racing Commissions-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(f) Enforcement by the Federal Trade Commission-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Federal Trade Commission shall enforce the provisions of this section--CommentsClose CommentsPermalink





‘(A) with respect to horseraces that are the subject of interstate off-track wagers that occur--CommentsClose CommentsPermalink





‘(i) in any State in which the host racing commission does not enter into an agreement under subsection (e); andCommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(B) with respect to violations of subsection (b) by a person, or with respect to a horse, in multiple States.CommentsClose CommentsPermalink





‘(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)--CommentsClose CommentsPermalink





‘(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)); andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink

‘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--CommentsClose CommentsPermalink





‘(1) to enjoin the practice;CommentsClose CommentsPermalink





‘(2) to enforce compliance with the provision or rule;CommentsClose CommentsPermalink





‘(3) to enforce the penalties provided for under section 9(d);CommentsClose CommentsPermalink





‘(4) to obtain damages or restitution, including court costs and reasonable attorney and expert witness fees; andCommentsClose CommentsPermalink





‘(5) to obtain such other relief as the court considers appropriate.’.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink