II 

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. 

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 regu10 late interstate commerce with respect to parimutuel 


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1 wagering on horseracing in order to protect and fur2 ther the horseracing industry of the United States. 

3 (2) The horseracing industry represents ap4 proximately $40,000,000,000 to the United States 

5 economy annually and generates nearly 400,000 do6 mestic jobs. 

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

8 horseracing adversely affects interstate commerce, 

9 creates unfair competition, deceives horse buyers 

10 and the wagering public, weakens the breed of the 

11 American Thoroughbred, is detrimental to inter12 national sales of the American Thoroughbred, and 

13 threatens the safety and welfare of horses and jock14 eys. 

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

16 horseracing is widespread in the United States, 

17 where no uniform regulations exist with respect to 

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

19 drugs in interstate horseracing. 

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

21 horseracing is not permitted in most jurisdictions 

22 outside the United States. In the internationally 

23 competitive sport of horseracing, the United States 

24 stands alone in its permissive use of performance-en25 hancing drugs. 


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

2 illegal in the United States in every sport other than 

3 horseracing. 

4 (7) To protect and further the horseracing in5 dustry of the United States, it is necessary to pro6 hibit the use of performance-enhancing drugs in 

7 interstate horseracing. 

8 SEC. 3. PROHIBITIONS ON USE OF PERFORMANCE-ENHANC9 ING DRUGS. 

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

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

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

13 and 

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

15 ‘‘SEC. 9. PROHIBITIONS ON USE OF PERFORMANCE-EN16 HANCING DRUGS. 

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

18 ‘‘(1) ACCREDITED THIRD PARTY CONFORMITY

19 ASSESSMENT BODY.—The term ‘accredited third 

20 party conformity assessment body’ means a testing 

21 laboratory that has an accreditation— 

22 ‘‘(A) meeting International Organization 

23 for Standardization/International Electro24 technical Commission standard 17025:2005 en25 titled ‘General Requirements for the ComVerDate Mar 15 2010 23:37 May 04, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S886.IS S886

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1 petence of Testing and Calibration Labora2 tories’ (or any successor standard); 

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

4 signatory to the International Laboratory Ac5 creditation Cooperation Mutual Recognition Ar6 rangement; and 

7 ‘‘(C) that includes testing for performance8 enhancing drugs within the scope of the accred9 itation. 

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

11 term ‘performance-enhancing drug’— 

12 ‘‘(A) means any substance capable of af13 fecting the performance of a horse at any time 

14 by acting on the nervous system, cardiovascular 

15 system, respiratory system, digestive system, 

16 urinary system, reproductive system, musculo17 skeletal system, blood system, immune system 

18 (other than licensed vaccines against infectious 

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

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

21 Alphabetized Listing of Drugs in the January 

22 2010 revision of the Association of Racing 

23 Commissioners International, Inc., publication 

24 entitled ‘Uniform Classification Guidelines for 

25 Foreign Substances’. 


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1 ‘‘(b) PROHIBITION ON ENTERING HORSES UNDER

2 THE INFLUENCE OF PERFORMANCE-ENHANCING DRUGS

3 IN RACES SUBJECT TO INTERSTATE OFF-TRACK WAGER4 ING.—A person may not— 

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

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

7 horse is under the influence of a performance-en8 hancing drug; or 

9 ‘‘(2) knowingly provide a horse with a perform10 ance-enhancing drug if the horse, while under the in11 fluence of the drug, will participate in a race that 

12 is subject to an interstate off-track wager. 

13 ‘‘(c) REGULATIONS OF THE HOST RACING ASSOCIA14 TION BANNING PERFORMANCE-ENHANCING DRUGS.—A 

15 host racing association may not conduct a horserace that 

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

17 host racing association has a policy in place that— 

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

19 with a performance-enhancing drug if the horse will 

20 participate in such a horserace while under the influ21 ence of the drug; 

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

23 the influence of a performance-enhancing drug; 

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

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1 credited third party conformity assessment body test 

2 for any performance-enhancing drug— 

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

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

5 selected from the other horses participating in 

6 the race; and 

7 ‘‘(4) requires the accredited third party con8 formity assessment body performing tests described 

9 in paragraph (3) to report any test results dem10 onstrating that a horse may participate, or may have 

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

12 interstate off-track wager while under the influence 

13 of a performance-enhancing drug— 

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

15 and 

16 ‘‘(B) if the host racing commission has en17 tered into an agreement under subsection (e), 

18 to the host racing commission. 

19 ‘‘(d) PENALTIES.— 

20 ‘‘(1) CIVIL PENALTIES.— 

21 ‘‘(A) IN GENERAL.—A person that pro22 vides a horse with a performance-enhancing 

23 drug or races a horse in violation of subsection 

24 (b) shall be— 

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


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

2 not less than $5,000; and 

3 ‘‘(II) suspended for a period of 

4 not less than 180 days from all activi5 ties relating to any horserace that is 

6 the subject of an interstate off-track 

7 wager; 

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

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

10 not less than $20,000; and 

11 ‘‘(II) suspended for a period of 

12 not less than 1 year from all activities 

13 relating to any horserace that is the 

14 subject of an interstate off-track 

15 wager; and 

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

17 violation— 

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

19 not less than $50,000; and 

20 ‘‘(II) permanently banned from 

21 all activities relating to any horserace 

22 that is the subject of an interstate off23 track wager. 

24 ‘‘(B) HORSERACING ACTIVITIES.—For pur25 poses of subparagraph (A), activities relating to 


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1 a horserace that is the subject of an interstate 

2 off-track wager include being physically present 

3 at any race track at which any such horserace 

4 takes place, placing a wager on any such horse5 race, and entering a horse in any such horse6 race. 

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

8 civil penalty imposed under this paragraph shall 

9 be paid to the United States without regard to 

10 whether the imposition of the penalty results 

11 from the initiation of a civil action pursuant to 

12 section 10. 

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

14 provided with a performance-enhancing drug or is 

15 raced in violation of subsection (b) shall— 

16 ‘‘(A) for the first such violation, be sus17 pended for a period of not less than 180 days 

18 from racing in any horserace that is the subject 

19 of an interstate off-track wager; 

20 ‘‘(B) for the second such violation, be sus21 pended for a period of not less than 1 year 

22 from racing in any horserace that is the subject 

23 of an interstate off-track wager; and 

24 ‘‘(C) for the third or subsequent such vio25 lation, be suspended for a period of not less 


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1 than 2 years from racing in any horserace that 

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

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

4 person shall be subject to a penalty described in 

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

6 shall be subject to suspension under subparagraph 

7 (B) or (C) of paragraph (2), for a second or subse8 quent violation of subsection (b) without regard to 

9 whether the prior violation and the second or subse10 quent violation occurred in the same State. 

11 ‘‘(e) AGREEMENTS FOR ENFORCEMENT BY HOST

12 RACING COMMISSIONS.— 

13 ‘‘(1) IN GENERAL.—The Federal Trade Com14 mission may enter into an agreement with a host 

15 racing commission under which the host racing com16 mission agrees to enforce the provisions of this sec17 tion with respect to horseraces that are the subject 

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

19 ‘‘(2) CONDITIONAL AVAILABILITY OF CIVIL

20 PENALTIES TO HOST RACING COMMISSIONS.—If a 

21 host racing commission agrees to enforce the provi22 sions of this section pursuant to an agreement under 

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

24 States as a result of a civil penalty imposed under 

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


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1 occurred in the State in which the host racing com2 mission operates shall be available to the host racing 

3 commission, without further appropriation and until 

4 expended, to cover the costs incurred by the host 

5 racing commission in enforcing the provisions of this 

6 section. 

7 ‘‘(f) ENFORCEMENT BY THE FEDERAL TRADE COM8 MISSION.— 

9 ‘‘(1) IN GENERAL.—The Federal Trade Com10 mission shall enforce the provisions of this section— 

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

12 the subject of interstate off-track wagers that 

13 occur— 

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

15 racing commission does not enter into an 

16 agreement under subsection (e); and 

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

18 racing commission has entered into an 

19 agreement under subsection (e) if the Fed20 eral Trade Commission determines the 

21 host racing commission is not adequately 

22 enforcing the provisions of this section; 

23 and 


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1 ‘‘(B) with respect to violations of sub2 section (b) by a person, or with respect to a 

3 horse, in multiple States. 

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

5 ACTIONS BY FEDERAL TRADE COMMISSION.—In 

6 cases in which the Federal Trade Commission en7 forces the provisions of this section pursuant to 

8 paragraph (1)— 

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

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

11 violation of a rule defining an unfair or decep12 tive act or practice described under section 

13 18(a)(1)(B) of the Federal Trade Commission 

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

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

16 the Federal Trade Commission shall enforce the 

17 provisions of this section in the same manner, 

18 by the same means, and with the same jurisdic19 tion, powers, and duties as though all applicable 

20 terms and provisions of the Federal Trade 

21 Commission Act (15 U.S.C. 41 et seq.) were in22 corporated into and made part of this section. 

23 ‘‘(3) ENFORCEMENT WITH RESPECT TO NON24 PROFIT ORGANIZATIONS.—Notwithstanding any pro25 vision of the Federal Trade Commission Act (15 


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

2 shall have the authority to enforce the provisions of 

3 this section pursuant to paragraph (1) with respect 

4 to organizations that are described in section 

5 501(c)(3) of the Internal Revenue Code of 1986 and 

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

7 of such Code. 

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

9 shall prescribe such rules as may be necessary to carry 

10 out the provisions of this section in accordance with the 

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

12 ‘‘(h) EFFECT ON STATE LAWS.—Nothing in this sec13 tion preempts a State from adopting or enforcing a law, 

14 policy, or regulation prohibiting the use of performance15 enhancing drugs in horseracing to the extent that the law, 

16 policy, or regulation imposes additional requirements or 

17 higher penalties than are provided for under this section. 

18 ‘‘SEC. 10. PRIVATE RIGHT OF ACTION FOR CERTAIN VIOLA19 TIONS. 

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

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

22 that person is threatened or adversely affected by the en23 gagement of another person in a practice that violates a 

24 provision of section 9 or a rule prescribed under section 

25 9, the person may bring a civil action in an appropriate 


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1 district court of the United States or other court of com2 petent jurisdiction— 

3 ‘‘(1) to enjoin the practice; 

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

5 rule; 

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

7 section 9(d); 

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

9 court costs and reasonable attorney and expert wit10 ness fees; and 

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

12 considers appropriate.’’. 

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

14 subsection (a) shall take effect on the date of the enact15 ment of this Act and apply with respect to horseraces oc16 curring on or after that date. 

Æ 


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