Witness List Released for Jan. 28 Congressional Hearing

In a memorandum announcing the witnesses scheduled to speak at a Jan. 28 Congressional hearing in Washington, House Committee on Energy and Commerce chairman Frank Pallone Jr. said the use of performance-enhancing drugs and therapeutic medications in horse racing may be contributing to catastrophic injuries in horses.

The Tuesday morning hearing before the Subcommittee on Consumer Protection and Commerce is titled "Legislation to Promote the Health and Safety of Racehorses" and will consider the Horseracing Integrity Act of 2019. This is the first Congressional hearing for the bipartisan bill (H.R. 1754) originally sponsored by Reps. Andy Barr, a Kentucky Republican, and Paul Tonko, a New York Democrat.

The bill, which would see an independent authority formed to oversee medication and drug testing issues in the sport, recently had a majority of House members sign on as co-sponsors. Within the racing industry, the bill is backed by The Jockey Club, the Breeders’ Cup, and other leading industry groups, but it is opposed by others, such as the North American Association of Racetrack Veterinarians and the National Horsemen's Benevolent and Protective Association.

"Horse racing has no overall governing body," Pallone, a New Jersey Democrat, said in a memorandum sent to subcommittee members Jan. 24. "The sport is regulated independently by each of the 38 states in which the sport is legal. States differ on regulation when it comes to the types of dosage of medications, approved drug testing, laboratory accreditation, and sanctions for violations."

Witnesses invited to testify include:

Kathleen Anderson, an equine veterinarian;

Joe De Francis, chairman of the National Horseracing Advisory Council of the Humane Society of the United States;

Dennis Drazin, chairman and CEO of Monmouth Park operator Darby Development;

Marty Irby, executive director of Animal Wellness Action;

William Lear Jr., vice chairman of The Jockey Club;

Ed Martin, president and CEO of the Association of Racing Commissioners International; and

Chris McCarron, a retired Hall of Fame jockey.

The bill would see the United States Anti-Doping Agency form the Horseracing Anti-Doping and Medication Control Authority, which would be responsible for developing and administering a strict anti-doping and medication control program.

The HADA board would include six individuals with horse racing expertise and seven individuals from USADA. It would create uniform drug and medication rules, including lists of permitted and prohibited substances and methods in line with international anti-doping standards and veterinarian ethical standards. The nationwide standards would replace state-to-state regulation of these issues.

The legislation would grant the Federal Trade Commission oversight authority of HADA. The FTC's oversight responsibilities would include administering the notice and comment period for HADA's proposed rules and sanctions, granting final approval to such proposed rules and sanctions, and adjudicating any appeals.

The legislation would apply to Thoroughbred, Quarter Horse, and Standardbred racing for any race that has substantial interstate commerce, including any race that is the subject of interstate off-track wagers.

The legislation would specifically prohibit the administration of any prohibited or otherwise permitted substance within 24 hours of a start—a race-day ban. Currently, Lasix is a medication typically allowed to be administered on race day, four hours before a race.

This story has updated the number of the House bill. A previous edition of the story listed an incorrect number.