[Congressional Record Volume 157, Number 59 (Wednesday, May 4, 2011)]
[Senate]
[Pages S2689-S2691]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. UDALL of New Mexico:
  S. 886. A bill to amend the Interstate Horseracing Act of 1978 to 
prohibit the use of performance-enhancing drugs in horseracing, and for 
other purposes; to the Committee on Commerce, Science, and 
Transportation.
  Mr. UDALL of New Mexico. Mr. President, I rise today to introduce the 
Interstate Horseracing Improvement Act. This legislation addresses an 
issue affecting interstate commerce and an iconic American animal. I am 
pleased to be working on this in a bipartisan manner with 
Representative Ed Whitfield of Kentucky.
  Although many recognize the horse as an iconic American animal, 
particularly for the West, there are probably few who know how long 
horseracing has been a part of our nation's history. My colleagues in 
Kentucky, Maryland, and New York can boast of the Sport of Kings' long 
tradition in their States. Yet the first recorded horserace in what is 
now the United States took place in New Mexico. In 1541, the Spanish 
explorer Coronado challenged one of his officers to a match race while 
they were camped near Bernalillo.
  The Spanish brought not only horses, but also horseracing to what is 
now the United States. Decades before the Pilgrims arrived at Plymouth 
Rock, Don Juan de Onate crossed into present day New Mexico with 
Spanish colonists who were not just settlers but caballeros, or 
``horse'' men. Native American petroglyphs record early encounters with 
these new arrivals travelling on horseback. Horseracing became a 
tradition in the Southwest as it later did in Eastern states.
  That tradition continues today at racetracks in New Mexico and over 
30 other States across the nation. With the Kentucky Derby this 
Saturday,

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many Americans will turn their attention to Churchill Downs for the 
most exciting two minutes in sports. Some of the best of horseracing 
will be on display. Away from the crowds, however, horseracing finds 
itself facing an unattractive reality. Too many of its equine athletes 
are overmedicated and doped. The Sport of Kings is no place for such a 
drug problem.
  American horseracing stands apart from the rest of the world when it 
comes to permissive medication rules and tolerance of doping. Unlike 
other countries that ban race day medications, racing jurisdictions 
here allow injecting horses just hours before post time. There are 
trainers who violate medication rules multiple times, seemingly with 
impunity. According to a recent Racing Commissioners International, 
RCI, letter, one trainer has been sanctioned at least 64 times for 
various rule violations, including medication violations involving the 
class 2 painkiller mepivacaine and the class 3 drug clenbuterol. 
According to the New York Times, only two of the top 20 trainers, by 
racing purses won, have never been cited for a medication violation. 
This tolerance of doping represents a shameful abuse of an iconic 
American animal, and it is time to put an end to it.
  Anyone who goes to the track outside of a Triple Crown or Breeders' 
Cup race knows that attendance is down across the country. The decline 
is especially stark considering that horseracing was once the No. 1 
spectator sport in the United States. One poll of sports industry 
insiders found that most think horseracing is in decline or dying. With 
the loss of fans, comes the loss of revenue that ultimately sustains a 
$40 billion industry and 400,000 jobs nationwide, including 10,000 jobs 
in my home State. As current fans leave the sport, many potential new 
fans will probably never come to the track while doping is rampant.
  Although a horse may need therapeutic medication from time to time, 
there is no excuse for injecting almost all thoroughbreds hours before 
they race. As RCI Chairman William Koester rightly noted, that just 
does not pass the smell test with the public or anyone else. While 
medicating sound horses on race day is concerning, the doping of sore 
horses is appalling. Sore and lame horses should not be raced. Feeling 
no pain, an injured horse on drugs may continue to charge down the 
track, endangering every horse and jockey in the race. Drugs may 
account for the fact that the U.S. horse fatality rate is more than 
three times higher than in comparable British flat racing. Trainers or 
anyone else caught doping racehorses should face stiff penalties, 
including fines and meaningful suspensions.
  This is a matter of concern to me as a senator from a state where 
quarterhorse and thoroughbred racing is an important industry. But it 
should be of concern to all my Senate colleagues since Congress granted 
a special privilege to horseracing that no other U.S. gambling 
enterprise enjoys: interstate and online wagering. The Interstate 
Horseracing Act of 1978, IHA, allows off-track, or ``simulcast,'' 
wagering across state lines. Internet wagering on horseraces subject to 
the IHA was granted a special exemption from the Unlawful Internet 
Gambling Enforcement Act of 2006, UIGEA. Given the benefits of the IHA, 
the horse racing industry should not only protect the safety and 
welfare of its animals and jockeys, but also ensure the integrity of 
the sport.
  I reluctantly believe that Congressional action is needed to address 
this critical challenge facing the industry. Unlike other sports, 
horseracing lacks a governing body that can issue uniform medication 
rules and ban performance enhancing drugs. That is why recent calls 
from the RCI and the Jockey Club to phase out race day medication are 
not enough to save American horseracing. Despite repeated pledges from 
the racing industry to address this issue, horseracing's drug problem 
has festered for decades.
  The legislation Representative Whitfield and I are introducing today 
would amend the Interstate Horseracing Act to ban performance-enhancing 
drugs and require stiff penalties for doping. Under the Interstate 
Horseracing Improvement Act, anyone who knowingly provides or races a 
horse on performance enhancing drugs faces minimum fines and 
suspensions. The winner of each race plus one additional horse must be 
tested for performance enhancing drugs. To ensure quality testing, the 
bill requires that test labs are accredited to quality standards. This 
legislation envisions that individual state racing commissions would 
continue to enforce horseracing rules within their jurisdiction, 
including the new anti-doping rules. However, the Federal Trade 
Commission can also enforce the anti-doping rules if there is 
inadequate enforcement. The new rules would apply only to those races 
that are already governed by the IHA.
  In addition to the animal welfare issues that doping creates, I know 
how important drug reform is for those who make their living from the 
sport. Passing this legislation will help bring integrity back to 
racing, benefitting everyone involved and, most importantly, the health 
and safety of the horses at the center of it all.
  I urge my colleagues to support the Interstate Horseracing 
Improvement Act.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 886

       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'.

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       ``(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.

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