I 

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. 

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 ‘‘Interstate Horseracing 

5 Improvement Act of 2011’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Congress enacted the Interstate Horse9 racing Act of 1978 (15 U.S.C. 3001 et seq.) to reguVerDate Mar 15 2010 06:35 May 05, 2011 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1733.IH H1733

jbell on DSKDVH8Z91PROD with BILLS
2 

•HR 1733 IH

1 late interstate commerce with respect to parimutuel 

2 wagering on horseracing in order to protect and fur3 ther the horseracing industry of the United States. 

4 (2) The horseracing industry represents ap5 proximately $40,000,000,000 to the United States 

6 economy annually and generates nearly 400,000 do7 mestic jobs. 

8 (3) The use of performance-enhancing drugs in 

9 horseracing adversely affects interstate commerce, 

10 creates unfair competition, deceives horse buyers 

11 and the wagering public, weakens the breed of the 

12 American Thoroughbred, is detrimental to inter13 national sales of the American Thoroughbred, and 

14 threatens the safety and welfare of horses and jock15 eys. 

16 (4) The use of performance-enhancing drugs in 

17 horseracing is widespread in the United States, 

18 where no uniform regulations exist with respect to 

19 the use of, and testing for, performance-enhancing 

20 drugs in interstate horseracing. 

21 (5) The use of performance-enhancing drugs in 

22 horseracing is not permitted in most jurisdictions 

23 outside the United States. In the internationally 

24 competitive sport of horseracing, the United States 


jbell on DSKDVH8Z91PROD with BILLS
3 

•HR 1733 IH

1 stands alone in its permissive use of performance-en2 hancing drugs. 

3 (6) The use of performance-enhancing drugs is 

4 illegal in the United States in every sport other than 

5 horseracing. 

6 (7) To protect and further the horseracing in7 dustry of the United States, it is necessary to pro8 hibit the use of performance-enhancing drugs in 

9 interstate horseracing. 

10 SEC. 3. PROHIBITIONS ON USE OF PERFORMANCE-ENHANC11 ING DRUGS. 

12 (a) IN GENERAL.—The Interstate Horseracing Act 

13 of 1978 (15 U.S.C. 3001 et seq.) is amended— 

14 (1) by redesignating section 9 as section 11; 

15 and 

16 (2) by inserting after section 8 the following: 

17 ‘‘SEC. 9. PROHIBITIONS ON USE OF PERFORMANCE-EN18 HANCING DRUGS. 

19 ‘‘(a) DEFINITIONS.—In this section: 

20 ‘‘(1) ACCREDITED THIRD PARTY CONFORMITY

21 ASSESSMENT BODY.—The term ‘accredited third 

22 party conformity assessment body’ means a testing 

23 laboratory that has an accreditation— 

24 ‘‘(A) meeting International Organization 

25 for Standardization/International ElectroVerDate Mar 15 2010 06:35 May 05, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1733.IH H1733

jbell on DSKDVH8Z91PROD with BILLS
4 

•HR 1733 IH

1 technical Commission standard 17025:2005 en2 titled ‘General Requirements for the Com3 petence of Testing and Calibration Labora4 tories’ (or any successor standard); 

5 ‘‘(B) from an accreditation body that is a 

6 signatory to the International Laboratory Ac7 creditation Cooperation Mutual Recognition Ar8 rangement; and 

9 ‘‘(C) that includes testing for performance10 enhancing drugs within the scope of the accred11 itation. 

12 ‘‘(2) PERFORMANCE-ENHANCING DRUG.—The 

13 term ‘performance-enhancing drug’— 

14 ‘‘(A) means any substance capable of af15 fecting the performance of a horse at any time 

16 by acting on the nervous system, cardiovascular 

17 system, respiratory system, digestive system, 

18 urinary system, reproductive system, musculo19 skeletal system, blood system, immune system 

20 (other than licensed vaccines against infectious 

21 agents), or endocrine system of the horse; and 

22 ‘‘(B) includes the substances listed in the 

23 Alphabetized Listing of Drugs in the January 

24 2010 revision of the Association of Racing 

25 Commissioners International, Inc., publication 


jbell on DSKDVH8Z91PROD with BILLS
5 

•HR 1733 IH

1 entitled ‘Uniform Classification Guidelines for 

2 Foreign Substances’. 

3 ‘‘(b) PROHIBITION ON ENTERING HORSES UNDER

4 THE INFLUENCE OF PERFORMANCE-ENHANCING DRUGS

5 IN RACES SUBJECT TO INTERSTATE OFF-TRACK WAGER6 ING.—A person may not— 

7 ‘‘(1) enter a horse in a race that is subject to 

8 an interstate off-track wager if the person knows the 

9 horse is under the influence of a performance-en10 hancing drug; or 

11 ‘‘(2) knowingly provide a horse with a perform12 ance-enhancing drug if the horse, while under the in13 fluence of the drug, will participate in a race that 

14 is subject to an interstate off-track wager. 

15 ‘‘(c) REGULATIONS OF THE HOST RACING ASSOCIA16 TION BANNING PERFORMANCE-ENHANCING DRUGS.—A 

17 host racing association may not conduct a horserace that 

18 is the subject of an interstate off-track wager unless the 

19 host racing association has a policy in place that— 

20 ‘‘(1) bans any person from providing a horse 

21 with a performance-enhancing drug if the horse will 

22 participate in such a horserace while under the influ23 ence of the drug; 

24 ‘‘(2) bans the racing of a horse that is under 

25 the influence of a performance-enhancing drug; 


jbell on DSKDVH8Z91PROD with BILLS
6 

•HR 1733 IH

1 ‘‘(3) requires, for each horserace that is the 

2 subject of an interstate off-track wager, that an ac3 credited third party conformity assessment body test 

4 for any performance-enhancing drug— 

5 ‘‘(A) the first-place horse in the race; and 

6 ‘‘(B) one additional horse, to be randomly 

7 selected from the other horses participating in 

8 the race; and 

9 ‘‘(4) requires the accredited third party con10 formity assessment body performing tests described 

11 in paragraph (3) to report any test results dem12 onstrating that a horse may participate, or may have 

13 participated, in a horserace that is the subject of an 

14 interstate off-track wager while under the influence 

15 of a performance-enhancing drug— 

16 ‘‘(A) to the Federal Trade Commission; 

17 and 

18 ‘‘(B) if the host racing commission has en19 tered into an agreement under subsection (e), 

20 to the host racing commission. 

21 ‘‘(d) PENALTIES.— 

22 ‘‘(1) CIVIL PENALTIES.— 

23 ‘‘(A) IN GENERAL.—A person that pro24 vides a horse with a performance-enhancing 


jbell on DSKDVH8Z91PROD with BILLS
7 

•HR 1733 IH

1 drug or races a horse in violation of subsection 

2 (b) shall be— 

3 ‘‘(i) for the first such violation— 

4 ‘‘(I) subject to a civil penalty of 

5 not less than $5,000; and 

6 ‘‘(II) suspended for a period of 

7 not less than 180 days from all activi8 ties relating to any horserace that is 

9 the subject of an interstate off-track 

10 wager; 

11 ‘‘(ii) for the second such violation— 

12 ‘‘(I) subject to a civil penalty of 

13 not less than $20,000; and 

14 ‘‘(II) suspended for a period of 

15 not less than 1 year from all activities 

16 relating to any horserace that is the 

17 subject of an interstate off-track 

18 wager; and 

19 ‘‘(iii) for the third or subsequent such 

20 violation— 

21 ‘‘(I) subject to a civil penalty of 

22 not less than $50,000; and 

23 ‘‘(II) permanently banned from 

24 all activities relating to any horserace 


jbell on DSKDVH8Z91PROD with BILLS
8 

•HR 1733 IH

1 that is the subject of an interstate off2 track wager. 

3 ‘‘(B) HORSERACING ACTIVITIES.—For pur4 poses of subparagraph (A), activities relating to 

5 a horserace that is the subject of an interstate 

6 off-track wager include being physically present 

7 at any race track at which any such horserace 

8 takes place, placing a wager on any such horse9 race, and entering a horse in any such horse10 race. 

11 ‘‘(C) PAYMENT OF CIVIL PENALTIES.—A 

12 civil penalty imposed under this paragraph shall 

13 be paid to the United States without regard to 

14 whether the imposition of the penalty results 

15 from the initiation of a civil action pursuant to 

16 section 10. 

17 ‘‘(2) SUSPENSION OF HORSES.—A horse that is 

18 provided with a performance-enhancing drug or is 

19 raced in violation of subsection (b) shall— 

20 ‘‘(A) for the first such violation, be sus21 pended for a period of not less than 180 days 

22 from racing in any horserace that is the subject 

23 of an interstate off-track wager; 

24 ‘‘(B) for the second such violation, be sus25 pended for a period of not less than 1 year 


jbell on DSKDVH8Z91PROD with BILLS
9 

•HR 1733 IH

1 from racing in any horserace that is the subject 

2 of an interstate off-track wager; and 

3 ‘‘(C) for the third or subsequent such vio4 lation, be suspended for a period of not less 

5 than 2 years from racing in any horserace that 

6 is the subject of an interstate off-track wager. 

7 ‘‘(3) VIOLATIONS IN MULTIPLE STATES.—A 

8 person shall be subject to a penalty described in 

9 clause (ii) or (iii) of paragraph (1)(A), and a horse 

10 shall be subject to suspension under subparagraph 

11 (B) or (C) of paragraph (2), for a second or subse12 quent violation of subsection (b) without regard to 

13 whether the prior violation and the second or subse14 quent violation occurred in the same State. 

15 ‘‘(e) AGREEMENTS FOR ENFORCEMENT BY HOST

16 RACING COMMISSIONS.— 

17 ‘‘(1) IN GENERAL.—The Federal Trade Com18 mission may enter into an agreement with a host 

19 racing commission under which the host racing com20 mission agrees to enforce the provisions of this sec21 tion with respect to horseraces that are the subject 

22 of interstate off-track wagers in the host State. 

23 ‘‘(2) CONDITIONAL AVAILABILITY OF CIVIL

24 PENALTIES TO HOST RACING COMMISSIONS.—If a 

25 host racing commission agrees to enforce the proviVerDate Mar 15 2010 06:35 May 05, 2011 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1733.IH H1733

jbell on DSKDVH8Z91PROD with BILLS
10 

•HR 1733 IH

1 sions of this section pursuant to an agreement under 

2 paragraph (1), any amounts received by the United 

3 States as a result of a civil penalty imposed under 

4 subsection (d)(1) with respect to a horserace that 

5 occurred in the State in which the host racing com6 mission operates shall be available to the host racing 

7 commission, without further appropriation and until 

8 expended, to cover the costs incurred by the host 

9 racing commission in enforcing the provisions of this 

10 section. 

11 ‘‘(f) ENFORCEMENT BY THE FEDERAL TRADE COM12 MISSION.— 

13 ‘‘(1) IN GENERAL.—The Federal Trade Com14 mission shall enforce the provisions of this section— 

15 ‘‘(A) with respect to horseraces that are 

16 the subject of interstate off-track wagers that 

17 occur— 

18 ‘‘(i) in any State in which the host 

19 racing commission does not enter into an 

20 agreement under subsection (e); and 

21 ‘‘(ii) in any State in which the host 

22 racing commission has entered into an 

23 agreement under subsection (e) if the Fed24 eral Trade Commission determines the 

25 host racing commission is not adequately 


jbell on DSKDVH8Z91PROD with BILLS
11 

•HR 1733 IH

1 enforcing the provisions of this section; 

2 and 

3 ‘‘(B) with respect to violations of sub4 section (b) by a person, or with respect to a 

5 horse, in multiple States. 

6 ‘‘(2) UNFAIR OR DECEPTIVE ACT OR PRACTICE; 

7 ACTIONS BY FEDERAL TRADE COMMISSION.—In 

8 cases in which the Federal Trade Commission en9 forces the provisions of this section pursuant to 

10 paragraph (1)— 

11 ‘‘(A) a violation of a prohibition described 

12 in subsection (b) or (c) shall be treated as a 

13 violation of a rule defining an unfair or decep14 tive act or practice described under section 

15 18(a)(1)(B) of the Federal Trade Commission 

16 Act (15 U.S.C. 57a(a)(1)(B)); and 

17 ‘‘(B) except as provided in paragraph (3), 

18 the Federal Trade Commission shall enforce the 

19 provisions of this section in the same manner, 

20 by the same means, and with the same jurisdic21 tion, powers, and duties as though all applicable 

22 terms and provisions of the Federal Trade 

23 Commission Act (15 U.S.C. 41 et seq.) were in24 corporated into and made part of this section. 


jbell on DSKDVH8Z91PROD with BILLS
12 

•HR 1733 IH

1 ‘‘(3) ENFORCEMENT WITH RESPECT TO NON2 PROFIT ORGANIZATIONS.—Notwithstanding any pro3 vision of the Federal Trade Commission Act (15 

4 U.S.C. 41 et seq.), the Federal Trade Commission 

5 shall have the authority to enforce the provisions of 

6 this section pursuant to paragraph (1) with respect 

7 to organizations that are described in section 

8 501(c)(3) of the Internal Revenue Code of 1986 and 

9 that are exempt from taxation under section 501(a) 

10 of such Code. 

11 ‘‘(g) RULEMAKING.—The Federal Trade Commission 

12 shall prescribe such rules as may be necessary to carry 

13 out the provisions of this section in accordance with the 

14 provisions of section 553 of title 5, United States Code. 

15 ‘‘(h) EFFECT ON STATE LAWS.—Nothing in this sec16 tion preempts a State from adopting or enforcing a law, 

17 policy, or regulation prohibiting the use of performance18 enhancing drugs in horseracing to the extent that the law, 

19 policy, or regulation imposes additional requirements or 

20 higher penalties than are provided for under this section. 

21 ‘‘SEC. 10. PRIVATE RIGHT OF ACTION FOR CERTAIN VIOLA22 TIONS. 

23 ‘‘Notwithstanding sections 6 and 7, in any case in 

24 which a person has reason to believe that an interest of 

25 that person is threatened or adversely affected by the enVerDate Mar 15 2010 06:35 May 05, 2011 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1733.IH H1733

jbell on DSKDVH8Z91PROD with BILLS
13 

•HR 1733 IH

1 gagement of another person in a practice that violates a 

2 provision of section 9 or a rule prescribed under section 

3 9, the person may bring a civil action in an appropriate 

4 district court of the United States or other court of com5 petent jurisdiction— 

6 ‘‘(1) to enjoin the practice; 

7 ‘‘(2) to enforce compliance with the provision or 

8 rule; 

9 ‘‘(3) to enforce the penalties provided for under 

10 section 9(d); 

11 ‘‘(4) to obtain damages or restitution, including 

12 court costs and reasonable attorney and expert wit13 ness fees; and 

14 ‘‘(5) to obtain such other relief as the court 

15 considers appropriate.’’. 

16 (b) EFFECTIVE DATE.—The amendments made by 

17 subsection (a) shall take effect on the date of the enact18 ment of this Act and apply with respect to horseraces oc19 curring on or after that date. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS