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. 
Be it enacted by the Senate and House of Representa-
tives 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 Horse-
racing Act of 1978 (15 U.S.C. 3001 et seq.) to regu-
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late interstate commerce with respect to parimutuel 
wagering on horseracing in order to protect and fur-
ther the horseracing industry of the United States. 
(2) The horseracing industry represents ap-
proximately $40,000,000,000 to the United States 
economy annually and generates nearly 400,000 do-
mestic 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 inter-
national sales of the American Thoroughbred, and 
threatens the safety and welfare of horses and jock-
eys. 
(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 
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stands alone in its permissive use of performance-en-
hancing 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 in-
dustry of the United States, it is necessary to pro-
hibit the use of performance-enhancing drugs in 
interstate horseracing. 
SEC. 3. PROHIBITIONS ON USE OF PERFORMANCE-ENHANC-
ING 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-EN-
HANCING 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 
Electro-
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technical Commission standard 17025:2005 en-
titled ‘General Requirements for the Com-
petence of Testing and Calibration Labora-
tories’ (or any successor standard); 
‘‘(B) from an accreditation body that is a 
signatory to the International Laboratory Ac-
creditation Cooperation Mutual Recognition Ar-
rangement; and 
‘‘(C) that includes testing for performance- 
enhancing drugs within the scope of the accred-
itation. 
‘‘(2) PERFORMANCE-ENHANCING
DRUG.—The 
term ‘performance-enhancing drug’— 
‘‘(A) means any substance capable of af-
fecting the performance of a horse at any time 
by acting on the nervous system, cardiovascular 
system, respiratory system, digestive system, 
urinary system, reproductive system, musculo-
skeletal 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 
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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 WAGER-
ING.—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-en-
hancing drug; or 
‘‘(2) knowingly provide a horse with a perform-
ance-enhancing drug if the horse, while under the in-
fluence of the drug, will participate in a race that 
is subject to an interstate off-track wager. 
‘‘(c) REGULATIONS OF THE HOST RACING ASSOCIA-
TION 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 influ-
ence of the drug; 
‘‘(2) bans the racing of a horse that is under 
the influence of a performance-enhancing drug; 
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‘‘(3) requires, for each horserace that is the 
subject of an interstate off-track wager, that an ac-
credited 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 con-
formity assessment body performing tests described 
in paragraph (3) to report any test results dem-
onstrating 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 en-
tered into an agreement under subsection (e), 
to the host racing commission. 
‘‘(d) PENALTIES.— 
‘‘(1) CIVIL PENALTIES.— 
‘‘(A) IN
GENERAL.—A person that pro-
vides a horse with a performance-enhancing 
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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 activi-
ties 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 
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that is the subject of an interstate off- 
track wager. 
‘‘(B) HORSERACING ACTIVITIES.—For pur-
poses 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 horse-
race, and entering a horse in any such horse-
race. 
‘‘(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 sus-
pended 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 sus-
pended for a period of not less than 1 year 
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from racing in any horserace that is the subject 
of an interstate off-track wager; and 
‘‘(C) for the third or subsequent such vio-
lation, 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 subse-
quent violation of subsection (b) without regard to 
whether the prior violation and the second or subse-
quent violation occurred in the same State. 
‘‘(e) AGREEMENTS
FOR ENFORCEMENT
BY HOST 
RACING COMMISSIONS.— 
‘‘(1) IN GENERAL.—The Federal Trade Com-
mission may enter into an agreement with a host 
racing commission under which the host racing com-
mission agrees to enforce the provisions of this sec-
tion 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 provi-
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sions 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 com-
mission 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 COM-
MISSION.— 
‘‘(1) IN GENERAL.—The Federal Trade Com-
mission 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 Fed-
eral Trade Commission determines the 
host racing commission is not adequately 
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