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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 886 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 886

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 4, 2011

 Mr. Udall of New Mexico introduced the following bill; which was read 
     twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 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>
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