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H.R. 2012, A BILL TO IMPROVE THE INTEGRITY 

AND SAFETY OF INTERSTATE HORSERACING, 

AND FOR OTHER PURPOSES 

HEARING 

BEFORE THE

SUBCOMMITTEE ON COMMERCE, MANUFACTURING, 

AND TRADE 

OF THE

COMMITTEE ON ENERGY AND 

COMMERCE 

HOUSE OF REPRESENTATIVES 

ONE HUNDRED THIRTEENTH CONGRESS 

FIRST SESSION 

NOVEMBER 21, 2013 

Serial No. 113–102 

( 

Printed for the use of the Committee on Energy and Commerce 

energycommerce.house.gov 

COMMITTEE ON ENERGY AND COMMERCE 

FRED UPTON, Michigan 

Chairman 

RALPH M. HALL, Texas 

JOE BARTON, Texas 

Chairman Emeritus 

ED WHITFIELD, Kentucky 

JOHN SHIMKUS, Illinois 

JOSEPH R. PITTS, Pennsylvania 

GREG WALDEN, Oregon 

LEE TERRY, Nebraska 

MIKE ROGERS, Michigan 

TIM MURPHY, Pennsylvania 

MICHAEL C. BURGESS, Texas 

MARSHA BLACKBURN, Tennessee 

Vice Chairman 

PHIL GINGREY, Georgia 

STEVE SCALISE, Louisiana 

ROBERT E. LATTA, Ohio 

CATHY MCMORRIS RODGERS, Washington 

GREGG HARPER, Mississippi 

LEONARD LANCE, New Jersey 

BILL CASSIDY, Louisiana 

BRETT GUTHRIE, Kentucky 

PETE OLSON, Texas 

DAVID B. MCKINLEY, West Virginia 

CORY GARDNER, Colorado 

MIKE POMPEO, Kansas 

ADAM KINZINGER, Illinois 

H. MORGAN GRIFFITH, Virginia 

GUS M. BILIRAKIS, Florida 

BILL JOHNSON, Ohio 

BILLY LONG, Missouri 

RENEE L. ELLMERS, North Carolina 

HENRY A. WAXMAN, California 

Ranking Member 

JOHN D. DINGELL, Michigan 

FRANK PALLONE, JR., New Jersey 

BOBBY L. RUSH, Illinois 

ANNA G. ESHOO, California 

ELIOT L. ENGEL, New York 

GENE GREEN, Texas 

DIANA DEGETTE, Colorado 

LOIS CAPPS, California 

MICHAEL F. DOYLE, Pennsylvania 

JANICE D. SCHAKOWSKY, Illinois 

JIM MATHESON, Utah 

G.K. BUTTERFIELD, North Carolina 

JOHN BARROW, Georgia 

DORIS O. MATSUI, California 

DONNA M. CHRISTENSEN, Virgin Islands 

KATHY CASTOR, Florida 

JOHN P. SARBANES, Maryland 

JERRY MCNERNEY, California 

BRUCE L. BRALEY, Iowa 

PETER WELCH, Vermont 

BEN RAY LUJAN, New Mexico 

PAUL TONKO, New York 

JOHN A. YARMUTH, Kentucky 

SUBCOMMITTEE ON COMMERCE, MANUFACTURING, AND TRADE

LEE TERRY, Nebraska 

Chairman 

LEONARD LANCE, New Jersey 

Vice Chairman 

MARSHA BLACKBURN, Tennessee 

GREGG HARPER, Mississippi 

BRETT GUTHRIE, Kentucky 

PETE OLSON, Texas 

DAVID B. MCKINLEY, West Virginia 

MIKE POMPEO, Kansas 

ADAM KINZINGER, Illinois 

GUS M. BILIRAKIS, Florida 

BILL JOHNSON, Ohio 

BILLY LONG, Missouri 

JOE BARTON, Texas 

FRED UPTON, Michigan (ex officio) 

JANICE D. SCHAKOWSKY, Illinois 

Ranking Member 

JOHN P. SARBANES, Maryland 

JERRY MCNERNEY, California 

PETER WELCH, Vermont 

JOHN A. YARMUTH, Kentucky 

JOHN D. DINGELL, Michigan 

BOBBY L. RUSH, Illinois 

JIM MATHESON, Utah 

JOHN BARROW, Georgia 

DONNA M. CHRISTENSEN, Virgin Islands 

HENRY A. WAXMAN, California (ex officio) 

(II) 

(III) 

C O N T E N T S 

Page 

Hon. Lee Terry, a Representative in Congress from the State of Nebraska, 

opening statement ................................................................................................ 1 

Prepared statement .......................................................................................... 2 

Hon. Leonard Lance, a Representative in Congress from the State of New 

Jersey, opening statement ................................................................................... 11 

Hon. John P. Sarbanes, a Representative in Congress from the State of 

Maryland, opening statement ............................................................................. 11 

Hon. Joseph R. Pitts, a Representative in Congress from the Commonwealth 

of Pennsylvania, opening statement ................................................................... 12 

Hon. Gus M. Bilirakis, a Representative in Congress from the State of Florida, opening statement ........................................................................................ 12 

Hon. Donna M. Christensen, a Representative in Congress from the Virgin 

Islands, opening statement ................................................................................. 13 

Hon. Henry A. Waxman, a Representative in Congress from the State of 

California, prepared statement ........................................................................... 15 

Hon. Janice D. Schakowsky, a Representative in Congress from the State 

of Illinois, prepared statement ............................................................................ 126 

WITNESSES

Jesse M. Overton, Chairman, SkyLearn, Inc., and Former Chairman, Minnesota Racing Commission .................................................................................. 17 

Prepared statement .......................................................................................... 19 

Answers to submitted questions ...................................................................... 128 

Philip Hanrahan, Chief Executive Officer, National Horsemen’s Benevolent 

and Protective Association .................................................................................. 25 

Prepared statement .......................................................................................... 27 

Additional material for the record 1

Answers to submitted questions ...................................................................... 134 

Lawrence R. Soma, Professor Emeritus of Anesthesia and Clinical Pharmacology, University of Pennsylvania School of Veterinary Medicine ................. 34 

Prepared statement .......................................................................................... 36 

Additional material for the record 2

Answers to submitted questions ...................................................................... 149 

Travis T. Tygart, Chief Executive Officer, U.S. Anti-Doping Agency ................. 47 

Prepared statement .......................................................................................... 49 

Answers to submitted questions ...................................................................... 158 

Sheila Lyons, Founder and Director, American College of Veterinary Sports 

Medicine and Rehabilitation ............................................................................... 56 

Prepared statement .......................................................................................... 58 

Additional material for the record 3

Answers to submitted questions ...................................................................... 170 

1 Additional material from Mr. Hanrahan is available at http://cradmin.clerk.house.gov/repository/IF/IF17/20131121/101517/HHRG-113-IF17-Wstate-HanrahanP-20131121-U2.pdf and http:// 

docs.house.gov/meetings/IF/IF17/20131121/101517/HHRG-113-IF17-Wstate-HanrahanP20131121-U4.pdf. 2 Additional material from Mr. Soma is available at http://docs.house.gov/meetings/IF/IF17/ 

20131121/101517/HHRG-113-IF17-Wstate-SomaL-20131121-SD001.pdf and http://docs.house.gov/ 

meetings/IF/IF17/20131121/101517/HHRG-113-IF17-Wstate-SomaL-20131121-SD002.pdf. 3 Additional material from Ms. Lyons is available at http://docs.house.gov/meetings/IF/IF17/ 

20131121/101517/HHRG-113-IF17-Wstate-LyonsS-20131121-SD005.pdf. 

Page

IV 

Wayne Pacelle, President and Chief Executive Officer, Humane Society of 

the United States ................................................................................................. 97 

Prepared statement .......................................................................................... 99 

Answers to submitted questions ...................................................................... 211 

SUBMITTED MATERIAL

H.R. 2012, the Horseracing Integrity and Safety Act of 2013, submitted by 

Mr. Terry .............................................................................................................. 4 

Letter, undated, from Water Hay Oats Alliance to Mr. Terry and Ms. 

Schakowsky, submitted by Mr. Pitts .................................................................. 112 

Statement of Nancy Perry, Senior Vice President, Government Relations, 

American Society for the Prevention of Cruelty to Animals, dated November 

20, 2013, submitted by Mr. Pitts ........................................................................ 113 

Article of November 14, 2013, ‘‘Texas Compounder Draws Industry Scrutiny,’’ 

by Frank Angst, BloodHorse.com, submitted by Mr. Terry .............................. 117 

Letter of November 20, 2013, from Alexandra M. Waldrop, President and 

Chief Executive Officer, National Thoroughbred Racing Association, to Mr. 

Terry and Ms. Schakowsky, submitted by Mr. Terry ....................................... 122 

(1) 

H.R. 2012, A BILL TO IMPROVE THE INTEGRITY AND SAFETY OF INTERSTATE HORSERACING, AND FOR OTHER PURPOSES 

THURSDAY, NOVEMBER 21, 2013 

HOUSE OF REPRESENTATIVES, 

SUBCOMMITTEE ON COMMERCE, MANUFACTURING, AND

TRADE, 

COMMITTEE ON ENERGY AND COMMERCE, 

Washington, DC. 

The subcommittee met, pursuant to call, at 10:04 a.m., in room 

2322 of the Rayburn House Office Building, Hon. Lee Terry (chairman of the subcommittee) presiding. 

Members present: Representatives Terry, Lance, Blackburn, 

Harper, Guthrie, Bilirakis, Johnson, Sarbanes, McNerney, 

Yarmuth, Barrow, Christensen, and Waxman (ex officio). 

Also present: Representative Pitts. 

Staff present: Kirby Howard, Legislative Clerk; Nick Magallanes, 

Policy Coordinator, Commerce, Manufacturing, and Trade; Gib 

Mullan, Chief Counsel, Commerce, Manufacturing, and Trade; Andrew Powaleny, Deputy Press Secretary; Heidi Stirrup, Policy Coordinator, Health; Shannon Taylor, Counsel, Commerce, Manufacturing, and Trade; Michelle Ash, Democratic Chief Counsel, Commerce, Manufacturing, and Trade; and Will Wallace, Democratic 

Professional Staff Member. 

Mr. TERRY. We are going to start our hearing. Some of you have 

testified before or been around our testimony, so you have a pretty 

good handle on how it works. I will have an opening statement, 

and Mr. Sarbanes will have. We will have statements that should 

go about 10 minutes per side. And then we are going to go right 

into your testimony. And we will go for Mr. Overton to my right. 

So let us start the clock. 

OPENING STATEMENT OF HON. LEE TERRY, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEBRASKA 

Good morning, and thank you all for joining us on our second in 

a series of horse related hearings. And as I mentioned last week, 

I have very fond memories of working at the racetrack in Omaha, 

Nebraska. And even when I was finished working there, I just 

couldn’t get away from it. There is just such a romance with those 

thoroughbreds. I just loved sitting there, standing on the rail of the 

stretch. And as they come around that corner and you can just feel 

the ground shaking from their power, and just majestic animals. So 

I have a real love for our racehorse industry and those horses. 

2 

And so that is why we are here today, is to talk about the future 

of thoroughbred horseracing and how the horses have been treated, 

and some of the allegations that have been made through what I 

would say community-based organizations, but also legitimate 

news organizations. So the perception is that the doping or drug 

use for the horses has become pervasive. In fact, in a pool done by 

a jockey club that has been quoted many times by my colleagues, 

and this is the major handicappers and bettors, will actually take 

into account the witch barns, trainers, have a reputation for using 

masking drugs and eliminate them from their handicapping, and 

maybe even some tracks that have a reputation versus other tracks 

for how tough they are in enforcing the no-drugs policy. 

Now, these types of unsavory practices bring two major concerns 

to the forefront. Number one is the safety of the jockeys. And there 

has been one study that showed that 24 horses a week have some 

incident on the track while they are racing. While the animal itself 

we should care for, the most important is the human being on top 

of that. It is a dangerous sport. We know when a horse is racing, 

and it should not be due to injury that both the animal and the 

human being are exposed to those dangers. And I am deeply concerned about the implications to the fairness of the horseracing and 

the pervasive, or perceived pervasive, use of PEDs may have. 

In 1978 when Congress passed the Interstate Horseracing Act, 

one of the issues Congress sought to address was a responsible atmosphere for off-track betting so that people could place wagers on 

horses with a degree of certainty that this was a regulated affair. 

To put it bluntly, if PEDs are being used, that is cheating. And you 

are cheating the bettors to the point where the big handicappers 

won’t bet on races where they think horses may have been doped. 

So it is not acceptable, and I compliment Joe Pitts and Jan 

Schakowsky for this legislation. 

[The prepared statement of Mr. Terry follows:] 

PREPARED STATEMENT OF HON. LEE TERRY

Good morning, and thank you for joining us for what will be the second hearing 

on horse-related issues in the past two weeks. 

As I mentioned in my remarks last week, I have a great affinity for horses. Growing up, and then as a student, I worked part-time at the local Aksarben Race track. 

And for reference, Aksarben is Nebraska spelled backwards. But it was there I got 

to see firsthand how the world of horseracing works—both on the front and back 

end of the track. 

Unfortunately, I was not surprised when I read last year an article exposing the 

drugging of racehorses on race day. 

It has become so pervasive that a recent poll by the Jockey Club found that four 

in five handicappers and/or bettors take into account race-day drugs and other performance-enhancing drugs when betting on races. 

These types of unsavory practices bring two major concerns to the forefront: the 

safety of the horse and jockey; and the issue of fairness. 

We know that when a horse is racing and should not be due to injury, both the 

animal and the human being that is riding it are exposed to a higher degree of risk. 

I believe this is unacceptable. 

I am also deeply concerned about the implications to fairness that the pervasive 

use of PEDs may have. 

In 1978, when Congress passed the Interstate Horseracing Act, one of the issues 

Congress sought to address was a responsible atmosphere for off-track betting, so 

that people could place wagers on horseraces with a degree of certainty that this 

was a regulated affair. Today, you can go to a racetrack and place a bet on a horse 

3 

that you happen to know may have an advantage over another horse. Which then 

puts you at an advantage over another bettor. This is not acceptable. 

The Pitts-Schakowsy legislation would designate the U.S. Anti-Doping Agency as 

the anti-doping organization with the responsibility for testing and ensuring the integrity and safety of races where off-track betting is permitted. 

The legislation would also create a stricter regulatory framework for certain substances and impose an outright ban on others. 

I would like to thank our witnesses for attending today’s hearing and thank my 

friend Chairman Joe Pitts for joining us today to discuss his legislation. 

[H.R. 2012 follows:] 

4 

5 

6 

7 

8 

9 

10 

11 

Mr. TERRY. And at this time, I have a minute 16 there to yield 

to somebody. Mr. Lance? 

OPENING STATEMENT OF HON. LEONARD LANCE, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW JERSEY 

Mr. LANCE. Thank you very much, Mr. Chairman, and good 

morning to our distinguished panel and everyone in the audience. 

The thoroughbred industry has had a significant cultural and economic impact here in the United States. The industry supports 

over one million permanent jobs and has an estimated economic 

impact of over $100 billion. Beyond that, the thoroughbred industry 

is a part of American culture. Millions attend and watch events 

such as the Kentucky Derby and the Preakness Stakes each year, 

and thousands attend local races in their home communities. And 

New Jersey races at the Meadowlands and at Monmouth Park generate significant local interests and economic impact. 

However, in recent years, the thoroughbred industry has been 

plagued by the usage of performance-enhancing drugs. This practice not only de-legitimizes the sport but also endangers both the 

horses that participate in these contests and the jockeys who are 

at risk of serious paralysis or death should a horse suffer an injury. 

Doping in the thoroughbred industry is a concern for every industry stakeholder from the small time better who has had to take 

into account who is doping, what handicapping choices, to the owners who want to preserve the credibility of their industry. 

I look forward to examining this legislation and hearing testimony from our diverse and distinguished panel. Thank you, Mr. 

Chairman. 

Mr. TERRY. Thank you, Mr. Vice Chairman. And now the acting 

ranking member, Mr. Sarbanes, you are recognized for your 5 minutes. 

OPENING STATEMENT OF HON. JOHN P. SARBANES, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF MARYLAND 

Mr. SARBANES. Thank you, Mr. Chairman. I won’t take the full 

5 minutes. I appreciate you convening this hearing so we can examine this important topic and the proposed legislation to address 

this issue of the use of performance-enhancing drugs in the horseracing industry. 

As has been mentioned by the other members so far, this is a 

very important industry to the country, generating almost 150,000 

jobs. It is a $10.6 billion industry nationally. Horseracing is important in my State. My district is right across the street—the boundary of it—right across the street from the Pimlico race track where 

the Preakness is held. I mention that only because everybody who 

goes to the race parks in the neighborhood of my constituents. 

Mr. TERRY. Do you get to charge 5 bucks to park in front of your 

house? 

Mr. SARBANES. They charge—yes, they charge more than that, 

actually, for people to park on their front lawns. 

In addition, the Third District in Maryland is home to one of the 

largest memberships of the humane society in the country, so I am 

12 

very focused as well on the welfare of the horses. So this is an important topic of discussion. You do these things—to examine these 

things, you make sure that a sport like this is clean because it is 

in the long-term interest of the industry in maintaining the vibrancy of the industry in the eyes of the public and those who participate. So it is an important hearing. 

I know we are trying to move quickly to the witnesses. I am prepared to yield time to any other members here if they would take 

it. Otherwise, I would be prepared to yield back. 

Mr. TERRY. Thank you. Mr. Pitts, you are recognized for 2 1⁄2

minutes. 

OPENING STATEMENT OF HON. JOSEPH R. PITTS, A REPRESENTATIVE IN CONGRESS FROM THE COMMONWEALTH 

OF PENNSYLVANIA 

Mr. PITTS. Thank you, Mr. Chairman, for the recognition, for the 

privilege to join the important hearing today on H.R. 2012. I would 

like to augment my statement today by showing a short video clip, 

which sets the tone for why the Congress must act to protect jockeys, horses, and the public from the scourge of drugs in horseracing. Try to get sound. 

[Video.] 

Mr. PITTS. You can see on the TV screen a display of one horse, 

Coronado Heights, a 4-year-old thoroughbred that received a diagnosis of early degenerative joint disease but was raced anyway, 

broke down, was euthanized on the track. And I have—at your 

seat, you can see what was administered to him 1 week before he 

broke down, 17 syringes. So despite promises and assurances— 

statements—groups have been unable to come together to develop 

uniform rules. The fact remains that there is no single entity which 

has the authority to impose uniform rules on racing commissions, 

tracks, trainers and others. So I urge members to consider H.R. 

2012, a sound national framework to protect horses, riders and the 

public. We look forward to hearing the witnesses. Thank you, Mr. 

Chairman. 

Mr. TERRY. Gentleman from Florida, do you wish to make a 

statement? 

OPENING STATEMENT OF HON. GUS M. BILIRAKIS, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF FLORIDA 

Mr. BILIRAKIS. Thank you, Mr. Chairman. I appreciate it. Thank 

you very much for holding this very important hearing. 

First, I want to echo those views that no one wants to see animals mistreated or harmed in any way. No horse should be intentionally neglected, mistreated or subjected to unnecessary trauma. 

Additionally, those that participate in interstate parimutuel activities should be assured that they are participating on a fair and 

transparent level that protects the integrity of the sport. 

I do, however, wish to closely examine the most appropriate manners in which to ensure this. As a general guiding principle, all 

manners of compliance assistance and incentives with States and 

industries should be exhausted before further empowering agencies. This committee should applaud the growing efforts to adopt 

uniform national reforms on the State level. Tampa Bay Downs, 

13 

one of the country’s oldest racetracks and the only thoroughbred 

racetrack on the west coast of Florida, is located in my congressional district, and it also supports this approach. And it is one of 

the more than 50 racetracks across the country to endorse these reforms. 

Additionally, the Florida Division of Parimutuel Wagering is 

hosting a workshop tomorrow to receive public input on its rules 

regarding drugs and veterinarian procedures and enforcement. 

Thank you again, Mr. Terry, and I look forward to hearing from 

the very— 

Mr. TERRY. Thank you. 

Mr. BILIRAKIS. Thank you. 

Mr. TERRY. We have 1 minute. Does the vice chair of the full 

committee wish an opening statement? 

Mrs. BLACKBURN. I would just simply welcome all of our witnesses. We are delighted that you are here. And yield back my 

time. 

Mr. TERRY. Thank you. And that concludes all of the opening 

statements. Donna, do you have—— 

Mrs. CHRISTENSEN. If I could—— 

Mr. TERRY. Yes. 

Mrs. CHRISTENSEN. This will take—— 

Mr. TERRY. You are—— 

OPENING STATEMENT OF HON. DONNA M. CHRISTENSEN, A 

REPRESENTATIVE IN CONGRESS FROM THE VIRGIN ISLANDS 

Mrs. CHRISTENSEN. Thank you. Thank you, Mr. Chairman, and 

Ranking Member. I grew up in horseracing. My father had race 

horses. It is still one of my favorite sports. But I grew up in a time 

when these kinds of issues with drugging horses didn’t happen. 

And I am just glad that we are having this hearing today. And I 

thank the witnesses and welcome them. 

Mr. TERRY. Thank you very much. Now, that concludes our opening statements. A fun fact before we introduce our guests, our witnesses, that chariot racing was the first Olympic sport in 1680 B.C. 

Horseracing has been around a long time, and we want to keep it 

that way. 

The witnesses? Henry, do you want to make a statement? 

OK. I want to introduce all of our witnesses. As I mentioned, we 

will start with Mr. Overton, who is Chairman of SkyLearn, LLC, 

and former chairman of the Minnesota Racing Commission; Phil 

Hanrahan, Executive Officer, National Horsemen’s Benevolent and 

Protective Association; Dr. Lawrence Soma, VMD, Professor Emeritus of Anesthesia and Clinical Pharmacology at University of 

Pennsylvania School of Veterinary Medicine. Good thing it wasn’t 

Penn State. We play them Saturday. I would have had to grill you 

much more. Travis Tygart, CEO, U.S. Anti-Doping Agency; Dr. 

Sheila Lyons, DVM, founder and director of American College of 

Veterinary Sports Medicine and Rehabilitation; and Wayne Pacelle, 

Chief Executive Officer and President Humane Society of the 

United States. Thank you all for taking your time to share your 

wisdom with us today. 

Mr. Overton, you will have 5 minutes. 

Mr. WAXMAN. Mr. Terry? 

14 

Mr. TERRY. Yes? 

Mr. WAXMAN. Before he starts, I just want to welcome all the 

witnesses. I do have a statement I want to put in the record in support of the effort to stop the inhumane practices relating—— 

Mr. TERRY. Without objection. 

[The information follows:] 

15 

16 

17 

Mr. TERRY. So each of you will have 5 minutes. There is a little 

sign up here you can glance up to. The 1-minute mark will be a 

yellow slash, and that means start wrapping it up. Five minutesish, I will start tapping the gavel to let you know to wrap it up. 

Mr. Overton, you are now recognized for 5 minutes. 

STATEMENTS OF JESSE M. OVERTON, CHAIRMAN, SKYLEARN, 

INC, AND FORMER CHAIRMAN, MINNESOTA RACING COMMISSION; PHILIP HANRAHAN, CHIEF EXECUTIVE OFFICER, 

NATIONAL HORSEMEN’S BENEVOLENT AND PROTECTIVE ASSOCIATION; LAWRENCE R. SOMA, PROFESSOR EMERITUS OF 

ANESTHESIA AND CLINICAL PHARMACOLOGY, UNIVERSITY 

OF PENNSYLVANIA SCHOOL OF VETERINARY MEDICINE; 

TRAVIS T. TYGART, CHIEF EXECUTIVE OFFICER, U.S. ANTI–– 

DOPING AGENCY; SHEILA LYONS, FOUNDER AND DIRECTOR, 

AMERICAN COLLEGE OF VETERINARY SPORTS MEDICINE 

AND REHABILITATION; AND WAYNE PACELLE, PRESIDENT 

AND CHIEF EXECUTIVE OFFICER, HUMANE SOCIETY OF THE 

UNITED STATES 

STATEMENT OF JESSE M. OVERTON 

Mr. OVERTON. Thank you very much, Mr. Chairman, Ranking 

Member Mr. Sarbanes, and members of the subcommittee. Thank 

you for this opportunity to share my thoughts and experiences regarding the painful truth about drugging of race horses, the current challenges with medication rules and the need for H.R. 2012 

to reform drug use in U.S. racing. 

I was appointed by Governor Tim Pawlenty to a 5 1⁄2-year term 

on the Minnesota Racing Commission, with the last 2 1⁄2 years of 

my service during the tenure of Governor Mark Dayton. While I no 

longer serve in an official capacity, my experiences serving on the 

racing commission makes me a strong supporter of H.R. 2012. 

Minnesota, like every racing jurisdiction in North America, is 

faced with multiple challenges, not least of which is the establishment and enforcement of uniform regulations in racing. Specifically, it was my role as a racing commissioner to work toward a 

reduction in the number of medication violations through better 

testing and serious enforcement protocols. During my tenure, the 

commission established stricter medication rules and employed a 

modern drug testing lab. Trainers, in honest, frequently race their 

horses in multiple States. So keeping up with various drug requirements and withdrawal times is a daunting task. And with winning 

as an overarching goal, some trainers race in States with more lenient medication rules. In fact, Minnesota’s stricter medication and 

enforcement rules resulted in some horsemen electing not to return 

to Minnesota when we improved our medication testing. 

It is my strong belief that if integrity is not the fundamental undepending of horseracing as both a sport and a gaming operation, 

it is destined to failure. Horseracing involves the Government, 

gaming operators, racetrack owners and horsemen. Racehorse owners and veterinarians are supporting players. In my experience, 

some of the industry’s groups challenge the integrity of the sport. 

They will say there are few or no problems either with the use of 

drugs or with the enforcement against those who do not comply 

18 

with the regulation. This is simply not true. There is an inherent 

problem with the model consisting of 38 separate regulatory entities and many industry interest groups, all believing that they are 

in charge. The fact is there is little coordination among racing commissions, industry groups at the State and interstate level. And 

with so many cooks in the kitchen, there is confusion, conflict and 

chaos in medication regulations. 

This is a perfect environment for those who can’t keep up with 

the rules or those who chose to improperly or illegally medicate 

horses to take advantage of the disorganization. As a racing commissioner, I will stand by the length some trainers will go to win 

races. As you will hear from other witnesses, there is no drug or 

compound that has not been tried in horses, from EPO, antibiotical 

steroids, to frog juice and cobra venom. And I promise, there are 

chemists right now working up new, illegal, undetectable substances to give a trainer who wants a performance advantage, especially if he or she does not have the fastest horse. 

Unless drug testing is conducted uniformly and in state-of-theart laboratories, unscrupulous horsemen will continue to cheat the 

system for horses and the fans. I have attended many meetings of 

racing consortia and regulatory to find a common regulatory paradigm within which all racing jurisdictions must comply. But as 

long as there are 38 separate jurisdictions, this goal is impossible 

to obtain despite decades of sincere people’s best efforts. 

While multiple States have adopted racing compacts to align 

medication requirements, the fact is the enforcement of these compacts will vary from State to State as no single entity has authority 

to enforce in more than one State. The approach is varied. The outcome is the same. Unlike other professional sports like football, 

baseball, there is a central authority. No consistency in lab capabilities, no uniform penalties, no dedicated funding to increase lab 

testing, nor conduct research to catch the next magic potion illegally administered to horses. H.R. 2012 and a new authority will 

provide, through the U.S. Anti-Doping Agency, USADA, would establish a single drug testing body by virtue of a strong and consistent enforcement regulation. Through the enactment of H.R. 

2012, all racing commissions would work in cooperation with 

USADA to strengthen and clean the competition policies and provide uniform medication testing. 

Thank you very much, Mr. Chairman, and members of the subcommittee. 

[The prepared statement of Mr. Overton follows:] 

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21 

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Mr. TERRY. Thank you, Mr. Overton. Now, Mr. Hanrahan, you 

are recognized for 5 minutes. 

STATEMENT OF PHILIP HANRAHAN 

Mr. HANRAHAN. Thank you, Mr. Chairman. I am the CEO of the 

National Horsemen’s Benevolent and Protective Association. The 

NHBPA is the largest organization in the United States representing owners and trainers in thoroughbred horseracing. We 

have approximately 29,000 members in the United States and Canada. 

Let me start by stating unequivocally the NHBPA’s position on 

medication. Owners and trainers who cheat by administering drugs 

that have no legitimate use in horses in attempt to influence the 

outcome of race should, after due process, be kicked out of horseracing. The use of dermorphin is doping plain and simple, so too 

is blood doping, gene doping and other narcotics. 

However, let me quickly add, data compiled by State racing authorities shows conclusively that doping of thoroughbred horses in 

the United States is extremely rare. In the United States, two 

horses are tested every race. During the 4-year period from 2009 

through 2012, there were more than 360,000 post-race tests of 

blood and urine. Only 142 tests—I say again, 142 tests—were positive for doping substances. More than 99.9 percent of all tests 

showed no doping substances were present. The NHBPA, however, 

draws a clear distinction between illegal doping and lawful therapeutic medication administered by licensed veterinarians. 

The HBPA supports the continued use of Lasix and other therapeutic medications because they are necessary for the health and 

welfare of horses and reduce the risk of injury to jockeys. 

Now, turning to H.R. 2012, the NHBPA opposes its enactment 

because it attempts to address a problem that does not exist, and 

purports to do so by employing USADA which has neither the experience in horseracing nor the resources to regulate medication in 

the horseracing industry. Medication rules and machinery for their 

enforcement already exists in every racing State. 

News reports claim rampant use of illegal drugs that State regulators are ignoring. A look at the State regulatory data shows such 

claims are not true. Data for the most recent 4-year period shows 

more than 99.9 percent of the hundreds of thousands of post-race 

tests were negative for doping. Likewise, more than 99.2 percent of 

tests were negative for therapeutic medication remaining in a 

horse on race day. 

Despite this objective evidence demonstrating there is no widespread misuse in medication in thoroughbred racing, some industry 

voices have called for a ban on all medication. Those who do so 

labor under the erroneous belief that race day medication is routinely permitted and that it causes injuries to horses. That is not 

true. The only race day medication allowed in the U.S., with minor 

exception, is Lasix. Unfortunately, Lasix, which H.R. 2012 bans, 

has become the poster child for those arguing in favor of a ban on 

all medication and has obscured scientific and medical facts about 

Lasix, including the following. 

Running hard causes nearly all horses to bleed in their lungs and 

can cause instant death on the racetrack. One of my co-panelists, 

26 

Dr. Larry Soma, published research documenting the racetrack 

deaths of horses due to bleeding in the lungs. Lasix prevents and 

lessens bleeding, and is the only medication that does so. Lasix is 

not performance enhancing. It does not make a horse run faster 

than its God-given natural talent. 

A landmark 2009 study in South Africa of 167 thoroughbred 

horses and racetrack conditions conclusively proved the effectiveness of Lasix in preventing and lessening the severity of bleeding. 

It is wrong to claim without any empirical evidence that fatalities 

are caused by permissive drug use. Last year’s New York report on 

racehorse health and safety noted breakdowns at aqueduct occurred for a multitude of reasons having little to do with medication. 

While the NHBPA opposes H.R. 2012, we do recognize the utility 

of uniform medication rules. Medication use, post-race testing 

thresholds and penalties often vary from State to State. For that 

reason, the NHBPA is continuing to work with the Association of 

Racing Commissioners International on drafting uniform model 

rules. Nine States in the mid-Atlantic have taken the lead in approved uniform medication rules. Eleven others are currently considering adopting those rules. We have high regard for USADA’s efforts in policing illegal drug use in human sports competition. But 

the organization has no experience in equine veterinary science or 

the horse industry. 

In short, H.R. 2012 is not needed. The job is already being done. 

Thank you, Mr. Chairman. 

[The prepared statement of Mr. Hanrahan follows:] 

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[Additional material from Mr. Hanrahan is available at http:// 

cradmin.clerk.house.gov/repository/IF/IF17/20131121/101517/ 

HHRG-113-IF17-Wstate-HanrahanP-20131121-U2.pdf and http:// 

docs.house.gov/meetings/IF/IF17/20131121/101517/HHRG-113-IF17- 

Wstate-HanrahanP-20131121-U4.pdf.] 

Mr. TERRY. Thank you. Now, Dr. Soma, you are recognized for 

5 minutes. 

STATEMENT OF LAWRENCE R. SOMA 

Mr. SOMA. Good morning. I would like to review the progress 

that has been made in improving equine drug testing and some 

changes in the curtailment of use of certain drugs. 

Prior to 208, only 5 of the 18 U.S. racing laboratories were accredited through international standards, which are referred to as 

ISO–17025. As of June 13, 10 of the 16 laboratories are accredited. 

The laboratories that are accredited to these standards meet technical and quality management requirements. The standards require that laboratory to implement a quality assurance system 

aimed at demonstrating the ability to consistently produce valid 

test results starting from proper handling of incoming samples to 

reproducibility and accuracy of analytical results. 

This is not a one-shot deal. Laboratories have to be reaccredited, 

and the onsite assessment of a laboratory is mandatory every 2 

years. So an inspector comes in—goes through the laboratory and 

assesses their quality assurance capabilities. 

The committee appointed by the Racing Medication and Testing 

Consortium was charged with developing a second accreditation 

program for the equine industry. This committee, which I was a 

member, developed a laboratory accreditation requirements and operating standards. The requirements for this level of accreditation 

are extensive and are guided by the requirements outlined by the 

U.S. Doping Agency laboratories. The committee basically started 

with this handbook and developed guidelines which can be used in 

the industry. The laboratory must participate in an external quality assurance program which requires analysis of proficiency samples. The laboratory must successfully identify and confirm and 

quantify the drug in blood and urine. The laboratory knows that 

the samples are coming but do not know what drug is in the blood 

or urine sample. The above requirements are important aspects of 

the program that determines if the laboratory has the capability, 

personnel and instrumentation required to detect substance of concern at the concentrations that are mandated by the industry. 

The stated goal of this program is to ensure that all laboratories 

are operating at the same standard. The first type of accreditation 

indicates how well the laboratory is functioning, their data management. The second state tells you how the performance of that 

is, can you find certain drugs, and can they be confirmed in a reasonable timeframe? 

National guidelines have also been published for the withdrawal 

time for 24 commonly used therapeutic drugs. This allows for the 

treatment of horses during training, if they are properly used. For 

example, progress has been made on the drug control front. Anabolic steroids have been banned from use in North America, and 

the injections of drugs into the equine joint has been regulated. As 

35 

a result of these regulations, injection of drugs into the joint really 

cannot be done before 7 days—the horse has to be medicated for 

7 days before they allow the horse to run. 

There is still a number of drugs which are problematic. One of 

the problems is certainly that Lasix is still allowed in the United 

States and Canada. Number two, there are many drugs out there 

which are difficult to find, and there is very, very little research in 

trying to attempt to find these drugs. Fortunately, the State of 

Pennsylvania does provide research funds through our laboratory 

to look at peptides, EPO type of drugs, and drugs which are very, 

very difficult to find on the current establishment lab. Even if you 

have a very good laboratory that can find hundreds of drugs in one 

screening, there are still drugs out there which we have not developed a method for. And these are protein based drugs. These are 

small peptides, like the morphine is a small peptides. These are 

drugs that are difficult to find. And I am sure there are many more 

coming along which the laboratories really need resources to improve their research capabilities. 

But many laboratories have improved. Some laboratories have 

left because they could not meet these requirements. So as far as 

testing is concerned, I think there has been a great change over the 

last 5 years in improving this aspect of racing. Rules and regulation throughout the States is still a problem. Thank you. 

[The prepared statement of Mr. Soma follows:] 

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[Additional material from Mr. Soma is available at http:// 

docs.house.gov/meetings/IF/IF17/20131121/101517/HHRG-113-IF17- 

Wstate-SomaL-20131121-SD001.pdf and http://docs.house.gov/meetings/IF/IF17/20131121/101517/HHRG-113-IF17-Wstate-SomaL20131121-SD002.pdf.] 

Mr. TERRY. Thank you. And, Mr. Tygart, you are recognized. And 

as I understand, you just flew back from South Africa. So if you 

are talking a little slower because of your jetlag, we will understand. 

STATEMENT OF TRAVIS T. TYGART 

Mr. TYGART. Thank you, Mr. Chairman, and members of the 

committee. Good morning. My name is Travis Tygart, and I am the 

CEO at the United States Anti-Doping Agency. It is an honor for 

me to be here representing the USADA Board and the tens of millions of clean athletes that we serve. It is also an honor for 

USADA, a 501(c)(3) not-for-profit corporation based in Colorado, to 

play a role as an independent organization to assist the sport of 

horseracing to ensure level playing field, enhance the consumer 

confidence in the gaming industry and to sustain a culture of 

health for athletes, and hopefully allow for the overall economic 

growth for the entire horse industry as we have seen in the Olympic movement. 

True sport has been on the idea of honesty, respect, fairness and 

an equal opportunity for success under the rule of law, the very 

same principles that build the foundation of every free and democratic society. We firmly believe, as do our athletes, that the greatest injustice in sport is when one competitor robs another of their 

hard work, dedication and victory because they gained an unfair 

advantage contrary to the rules. 

Accordingly, we welcome and appreciate this committee’s focus 

on the harms that are caused by performance-enhancing drug use 

in sport. The issue of drugs in sport and corruption in sport strikes 

at the very heart of what role sport will play in America’s future. 

Bottom line, if we turn a blind eye to fraudulent conduct, contrary to the rules of competition in track and field, cycling, football, 

even horseracing, essentially saying as long as we win and don’t 

get caught, it is OK, then we send a very powerful message that 

it is acceptable, justifiable, even noble to win by any means necessary, including dangerous performance-enhancing drugs, fraud or 

whatever, as long as you win and you don’t get caught. 

And make no mistake, the win at all costs culture is alive and 

well and will flourish in every sport, including horseracing, if we 

do not take decisive action to stop the thieves from running wild, 

and instead truly give hope to those who compete to win under the 

rules. 

USADA’s perspective on the current anti-doping climate in horseracing comes from living the history of the fight against doping 

that has occurred within the international Olympic movement over 

the past 13 years. In the late 1990s, there was a myriad of different anti-doping rules and regulations across the globe in each jurisdiction in sport. There was no uniform or harmonized policy for 

what was considered a violation, what was tested for, how collections and chain of custodies procedures applied, what laboratory 

48 

standards applied. There were varying sanction links. Ultimately, 

this system of self-regulation by the various States and sports created an unattainable position for sport, for athletes. And it seriously disrupted the economic viability of the Olympic Games. Suffice it to say, the Olympic rings were badly tarnished. And that 

was bad for business. 

In 1999, athletes, governments, sporting world said enough is 

enough and came together to solve the problem. This game changing moment ultimately led to the creation of the World Anti-Doping 

Agency, or WADA. And after an open, transparent consultation 

process, eventually led to the passage of the WADA Code and the 

international standards. Today, the code and the standards are the 

uniform policies that apply equally to all athletes, coaches and 

trainers across the globe. They are the substantive anti-doping 

rules that we all agreed to and we are bound by. Today, there are 

approximately 520 sport organizations and 172 governments from 

around the world that have accepted and agreed to abide by the 

WADA Code. There is no good reason why this same effort cannot 

be done for the horseracing industry in the United States. And the 

current legislation allows for it. 

The first step to curing the problem was passing the uniform policy. The second equally important measure was to ensure the uniform and full implementation of the policy. USADA was open in 

late 2000 as the organization that handles this responsibility. It 

was extremely courageous for the United States Olympic Committee, the 45 or so national federations like USA Basketball, USA 

Swimming, to fully externalize their efforts to USADA. But they 

took the stand because it was clear, the sports themselves could 

not simultaneously promote and police themselves. 

In addition to true independence and transparency, the WADA 

code provides a guide to what this legislation would allow to be addressed effectively in the horseracing industry. Effective testing, including standardized selection, collection, chain of custody and 

transport rules and practices, a full list of substances and methods 

that would capture new designer drugs as you just heard from Dr. 

Soma. Implementation of best legal practices and policies, which 

must include adequate sanctions to deter doping, and due process 

protections for those accused of violations. The implementation of 

best scientific standards for laboratory uniformity and practices, including a robust accreditation and proficiency testing program, as 

well as scientific research for the detection of new substances. Investigative units and partnerships with Government, particularly 

law enforcement, to ensure those who illegally manufacture, traffic 

and distribute these dangerous drugs who might be outside of 

sports jurisdiction are also held accountable. 

In conclusion, I would like to thank this committee for its time, 

its interest on this important, ethical and public health issue, and 

for inviting me here today to share USADA’s experiences. We look 

forward to assisting you in any way possible going forward as you 

consider this legislation and hopefully restore the faith in this wonderful sport. Thank you. 

[The prepared statement of Mr. Tygart follows:] 

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Mr. TERRY. Thank you. And thank you for your extraordinary efforts to be here today. Dr. Lyons, you are recognized for 5 minutes. 

STATEMENT OF SHEILA LYONS 

Ms. LYONS. Thank you, Chairman Terry, Ranking Member Sarbanes and members of the subcommittee for allowing me to testify 

today. My name is Sheila Lyons, and I am a veterinarian who specializes in equine sports medicine and physical medicine and rehabilitation. My private veterinarian consulting practice is both national and international in scope, which provides me with an overview of the horseracing industry and the veterinary profession that 

includes many distinct jurisdictions. I am the founder of the American College of Veterinary Sports Medicine and Rehabilitation, a 

member of the International Society of Physical Medicine and Rehabilitation, and a member of the International Federation of 

Sports Medicine. I provide education to veterinary students, veterinarians, physical therapists, farriers and horsemen across the 

country and internationally. My patients have included some of the 

world’s finest thoroughbred racehorses. But I have regularly provided veterinary services to horses at every level of the sport for 

nearly 30 years. 

First, do no harm. This well-known creed describes the most important and fundamental principle of medical ethics. It is also the 

principle that is being violated every day by racetrack veterinarians across this country. 

First, get this horse to the races has become the substitute creed 

for too many racetrack veterinarians. The pervasive and unethical 

use of injury masking and performance-enhancing drugs in horseracing in the United States has created a national health and safety crisis in the industry, and is destroying the reputation of a once 

vibrant sport. This pattern of drug abuse is deemed legal and some 

might say encouraged under our current horseracing regulatory 

system. The Horseracing Integrity and Safety Act of 2013 holds the 

power to reverse this injustice through its mandate of drug free 

racing, its designation of a national and fully independent expert 

regulatory authority, its requirement that appropriate penalties be 

enforced without bias, and this legislation’s clear and unambiguous 

message to the horseracing industry, veterinary community and 

the public that cheaters will not prosper and drugs may only be administered under the strict ethical and professional guidelines 

known as the veterinarian/client patient relationship. The veterinarian’s role will once again be based upon the principles of veterinary medical ethics. 

The veterinarian/client patient relationship seems a simple term 

but holds powerful meaning. This legislation’s repeated incorporation of this term in this bill is key to enacting essential reform in 

the standard of veterinary care that all racehorses receive, without 

regard to their monetary value or level of racing. 

Not unlike the standards governing human medicine, the standards of veterinary practice, which all licenses are conditioned upon, 

include a fundamental basis for all services called the veterinarian/ 

client patient relationship. This requires that a veterinarian have 

adequate knowledge of the patient before administering or prescribing drugs for the animal. Such adequate knowledge requires 

57 

the veterinarian to take a full patient history, conduct an examination, make a diagnosis, develop a therapeutic plan, prescribe medications strictly for the purpose of restoring or protecting health, 

and reexamine that patient to determine the success or failure of 

the treatments. The veterinarian must also keep comprehensive 

records documenting these professional services. In other words, 

this legislation requires that there be a therapeutic purpose behind 

the administration of any drug and prohibits the use of drugs for 

purposes of promoting competition or profit. 

Racehorse is not a diagnosis. And a veterinarian must meet a 

higher standard of care and practice before administering medication. 

This legislation provides the essential key to returning the absolute authority over the regulation of the practice of veterinary medicine squarely back with each State veterinary board by banning 

all drugs during racing while reinforcing the vet board’s mandate 

of the veterinarian/client patient relationship. In doing so, the current illusion that racing commissioners have that racing commissioners have any say whatsoever regarding which drugs a veterinarian may administer to a patient will be removed, along with 

any confusion about which regulatory authority is in charge. 

The State veterinary boards will reemerge as the effective and 

sole authorities and regulators over the practice of veterinary medicine in each State. This legislation not only provides a dream solution to the ethical and safety problems plaguing the United States 

horseracing industry, but its implementation is absolutely essential 

if the industry is to survive and regain its position as an international leader in the sport. 

[The prepared statement of Ms. Lyons follows:] 

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[Additional material from Ms. Lyons is available at http:// 

docs.house.gov/meetings/IF/IF17/20131121/101517/HHRG-113-IF17- 

Wstate-LyonsS-20131121-SD005.pdf.] 

Mr. TERRY. Thank you. Mr. Pacelle, you are now recognized for 

your 5 minutes. 

STATEMENT OF WAYNE PACELLE 

Mr. PACELLE. Thank you, Chairman Terry. Thank you very much 

for addressing this issue. I am glad to be on this esteemed panel. 

I am representing the Humane Society of the United States, and 

we are an enthusiastic supporter of this legislation. 

You know, I think what we are talking about here is appreciation 

for this sport, appreciation for entertainment, but balancing it with 

the interest and the needs of the athletes involved; in this case, 

both animal and human. 

Today’s New York Times—if I can just direct you to, for a moment, a story about boxing. Reconciling a sport’s violent appeal as 

a fighter lies in a coma. So one fighter is in a coma, and we have 

got a front-page New York Time’s story about it, very appropriately 

so. Attempts to limit the serious injury and death of fighters should 

be an important concern of our society. 

Last week, Nicholas Mevoli, participating in deep-unassisted diving, died. He was trying to break the world record. If you remember, he went to 236 feet under the water without any breathing assistance. And he died. Now, there is a robust debate about what 

some of the rules should be about that. 

Football, we have had an incredible discussion in society over the 

last 3 or 4 years about traumatic brain injuries as a consequence 

of professional football injuries and contacts. As the son of a football coach, I pay very close attention to that issue. These football 

players aren’t dying on the field, they are dying some years later 

as a consequence of this degenerative brain disorder. 

We heard from the official with the anti-doping association about 

the scandals in cycling, Olympic track and field and baseball. 

These issues have been headlines in our Nation. 

In horseracing, we have two problems. We have catastrophic injuries for these horses on the track, and we have widespread 

doping of the equine athletes. I want to say very clearly, the Humane Society of the United States does not oppose horseracing. We 

never have. We have been paying attention to the industry for decades. All of us are here because I think we want to see a balance 

between success for the industry and proper treatment of the animals and concern for the human participants, the jockeys, in this 

enterprise. 

But what we have seen over decades is an absence of adequate 

self-regulation, and we are presented with the question, should we 

do more? Should the Congress do more on this issue? And I want 

to say that if we are outraged about—or deeply saddened by the 

deaths of these human athletes in other sports, we should also be 

outraged and saddened by the deaths of 24 horses every week on 

American racetracks. Every week. Not once in a while. Every week. 

We have had drug scandal after drug scandal. You saw Dr. Rick 

Arthur on the video that was played during Congressman Pitts’ 

statement. He said ‘‘It is hard to justify how many horses we go 

98 

through.’’ In humans, you never see someone snap their legs off 

during running in the Olympics. But you see it in horseracing. 

The failure for this industry to adopt comprehensive, consistent 

national standards is a serious problem that has been in the works, 

decade after decade. This Congress has an opportunity now with 

the massing of evidence to do something constructive that is not 

going to be against the industry’s interest. It is going to be in the 

interest of the industry. Any sport that is taking shortcuts, that is 

allowing routine doping, and that sees this level of injury and 

death in the animal athletes has a major public relations problem. 

The sport is in decline in the United States. Other horseracing jurisdictions around the world are in their ascendancy. And they are 

running horses on hay, oats and water. And when an animal is injured or ill, you address it with a palliative and allow the animal 

to rest and to heal, not to get on the track and to be running at 

40 miles an hour, or 45 miles an hour, often on unforgiving surfaces, often before they are old enough to sustain these injuries and 

this beating of the—of their hooves on the track. 

I have got a lot of incidents in my testimony, but I want to just 

wrap up, Chairman Terry, by saying just a couple of quick things. 

This Congress has addressed issues like animal fighting at the 

Federal level. You have done so in spite of the fact that the States 

have prohibitions on dog fighting and cockfighting because there 

are circumstances and cases where we need Federal intervention, 

the nature of the animal fighting enterprise is national or international. You also just conducted a hearing on the soring of Tennessee walking horses. A Federal law was adopted 40 years ago because of the intentional injuring of horses by physical and chemical 

means to enhance performance of these horses. This Congress has 

jurisdiction on this issue. This is a multibillion-dollar industry. 

Horses move nationally. Hundreds of millions of dollars wagered on 

these athletes. The name of this bill, Congressman Pitts’ bill, is the 

Horseracing Integrity and Safety Act. That is what needs to be restored. Thank you very much. 

[The prepared statement of Mr. Pacelle follows:] 

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Mr. TERRY. Thank you. And that—now, we will proceed to the 

question and answers where we get to ask questions, and you get 

to answer them. We also have an issue with any minute, the buzzer is going to go off for votes. So we will see how far we can get 

with our questions. So, Mr. Overton, my question is for you. Follow-up on what Mr. Pacelle just said. There are 38 separate regulatory entities. I am a Tenth Amendment guy. I like to have States 

have their powers and their rights. So if we can have 50 States 

with regulatory powers, what is the failure of 38—is there a failure 

of these 38 racing commissions, and should there be a Federal law? 

Mr. OVERTON. And—— 

Mr. TERRY. Yes, the microphone? 

Mr. OVERTON. Mr. Chairman and members of the subcommittee, 

definitely there is a problem in all 38, if not all 50, jurisdictions. 

It is not intent. It is by design. There is no enforceability between 

States of having regulations that are uniform. We do need uniform. 

And I would just like to point out that doing it with USADA, we 

are not talking about a Government takeover of their independent 

group. And they have demonstrated that they would have the enforceability. And one of the issues with that enforceability today, 

we have seen serious violations of trainers throughout the years. 

The way they would handle it—— 

Mr. TERRY. When was the last time there was a trainer suspended or kicked out of the business because of a violation? 

Mr. OVERTON. That is—— 

Mr. TERRY. Do you know? 

Mr. OVERTON. There have been quite a few. There are some that 

have stays right now in the court system. 

Mr. TERRY. OK. The other question is, do the racing jurisdictions 

share information so that they have information on one trainer or 

barn that is shared with another as they go to the next racetrack? 

Mr. OVERTON. Only if there is an investigation. 

Mr. TERRY. OK. 

Mr. OVERTON. We do share with RCI any rulings that come out. 

Mr. TERRY. Thank you. 

Mr. OVERTON. Thank you. 

Mr. TERRY. Mr. Tygart, since you are here, let us ask questions. 

You mentioned in the world, anti-doping code has been revised a 

number of times to keep up with the drugs and the appropriate 

testing for them. So how has the code been modified over time, and 

are there new drugs and tricks of the trade that need to be addressed, both in your jurisdiction and as you would think for the 

horseracing industry? Because one of the issues here—and I have 

an article here from—buried somewhere in my paperwork here— 

about a compounding entity that specializes in changing the drug 

just enough that it can’t be detected. So how do you keep up with 

those things? 

Mr. TYGART. Thanks for your question, Mr. Chairman. The code 

itself, which is the umbrella uniform policy has been changed now 

three times. The third version was just approved down in South Africa where I came from you mentioned earlier. The list of prohibited substance and methods is published every year. There is a 

democratic process, an expert group that provides information on 

what substances meet the criteria, whether it is performance enVerDate Mar 15 2010 11:18 Feb 27, 2015 Jkt 037690 PO 00000 Frm 00110 Fmt 6633 Sfmt 6633 F:\113-102 HORSE PED - READY TO SEND\113-102 HORSE PEDS - PDF MADE WAYNE
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hancing or not, whether it is against—you know, violates the 

health and safety of athletes, and whether it violates the spirit of 

sport and any of those—— 

Mr. TERRY. And is that wholly applicable to the horseracing industry? 

Mr. TYGART. It very well could be. I mean, I think part of the 

process that this legislation would allow for would be that consultation process to come up with exactly what that criteria would be, 

and then have a democratic process every year that would then 

publish in advance. So our list is published every October, going 

into effect that following year. Listen, I think cheaters who want 

to win and there is a big prize at the end to win, will go to great 

lengths to ensure that they are not caught by the testing system, 

even the best testing systems that may be in place. But what you 

have got here are, you know, labs where 2 of the 16 don’t meet 

even the industry’s—I am sorry, 2 of the 16 are the only ones that 

meet the industry’s standards for uniformity. So the—— 

Mr. TERRY. Two out of sixteen. 

Mr. TYGART. Two out of sixteen, 12.5 percent. So you have got 

87 percent that don’t meet the RMTC’s own ISO accreditation and 

laboratory operating procedures. 

Mr. TERRY. Well, let me stop you there, because I only have 30 

some seconds. Mr. Hanrahan, you mentioned that there is only a 

small percentage that fail. But if it is true that they are not even 

testing for the right things, is that a reliable number for us? 

Mr. HANRAHAN. Eighty-one—— 

Mr. TERRY. Percent of failures? 

Mr. HANRAHAN. Mr. Chairman, they are testing for known substances. And I would point out on the issue for example of 

dermorphin, which was an unknown substance, that—there was 

some human intelligence. There was some suspicions, and samples 

were sent to the lab and the lab developed the test to identify 

dermorphin. So the labs do work ahead to try and identify substances. 

Mr. TERRY. All right. Thank you. Mr. McNerney, as Acting Ranking Member, you are recognized for 5 minutes. 

Mr. MCNERNEY. I would like to ask the Chair to recognize Mr. 

Yarmuth from the great State of Kentucky, home of the Derby. 

Mr. TERRY. Absolutely. With the unanimous consent, so ordered. 

Mr. YARMUTH. Thank you, Mr. Chairman, and thanks to my colleague for yielding. As Mr. McNerney said, I represent the Kentucky Derby and Churchill Downs. And certainly thoroughbred 

breeding and horseracing is a signature industry of Kentucky. So 

I also represent owners, trainers, jockeys, grooms and of course a 

lot of track workers and of course a lot of horses as well. They don’t 

get to vote, usually. I applaud all of you for your concern about protecting the health and safety of the horses and the riders, and also 

the integrity of the sport. I appreciate that very much, and I share 

all of your concerns. 

I do have a couple of specific concerns about this particular legislation. And, Mr. Tygart, I want to start with you. It has already 

been established that your background, it is not in horseracing. 

Your organization is not in horseracing. So I am a little bit conVerDate Mar 15 2010 11:18 Feb 27, 2015 Jkt 037690 PO 00000 Frm 00111 Fmt 6633 Sfmt 6633 F:\113-102 HORSE PED - READY TO SEND\113-102 HORSE PEDS - PDF MADE WAYNE
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cerned about the accountability that USADA might have if empowered under this legislation. To whom is USADA accountable now? 

Mr. TYGART. Well, we currently have Federal appropriation. So 

we can, you know, obviously be called up and testifying about any 

issues. Our legal process goes through a panel of independent arbitrators. So, ultimately, any decisions on a case, whether someone 

committed a doping violation or not, athlete or other person, trainer, et cetera, would ultimately go to independent arbitrators. Obviously, that would be a written decision publicly available. And, of 

course, you know, we are not immune from media scrutiny at any 

return. 

Mr. YARMUTH. Right. And obviously, I am not questioning your 

capabilities or integrity. I am just trying to establish this. Because 

a lot of times in many cases in the commercial world, we have empowered independent agencies to set rules and regulations, and 

they are totally unaccountable. And that is a problem. So under 

this legislation as you understand it, if you were given this authority, if there were questions about regulations you handed down, 

what would be the process through which—whether it was owners, 

vets, tracks, whoever would appeal those, or somebody else to review the regulation? 

Mr. TYGART. Yes. What we would envision is not unlike the process I described in my testimony with the World Anti-Doping Agency where you have got some input at the governance level of people 

that are free of conflict of interest similar to the way our board is 

set up today. I think we would be open to having whether it is a 

wholly un-sub or additional board members added that have the 

type of experience that you heard in some of the testimony on that. 

They would obviously have to be free of any conflicts to ensure the 

independence. That is how we currently are operating. I think 

whether the legislation adds a piece of oversight or whether the 

agreements that the legislation calls for between us and the major 

stakeholders of the industry. And those agreements certainly 

though could be spelled out. Some accountabilities to ensure proper 

financial management, proper governance, those types of things. 

Again, not on a case-by-case basis. You don’t make policy on, let 

us say, a single high-profile case—during the middle of that case. 

You would want the process that has been agreed to prior to that 

particular case coming up to resolve itself. And then if there is any 

effort to revise—amend like we did with the WADA code, then you 

have that process built in. 

Mr. YARMUTH. All right. Thank you. One of the provisions of the 

bill is that there is a ban on any medication on race day. And I 

know Mr. Hanrahan, you have made the case that there may be 

a justification, particularly with regard to Lasix to administer on 

race day. Could you kind of in the minute and 14 seconds we have 

left talk about that and why that may be problematic to put in the 

legislation? It may be counterproductive? 

Mr. HANRAHAN. As I alluded to, Lasix is in fact the only race day 

medication that is allowed, with a couple of minor exceptions for 

adjuncts. As the RCI’s model rule exists now, and as I am sure you 

are aware, Kentucky is one of the States that follows that model 

rule that allows Lasix, but is only administered by State veterinarian or regular veterinarians. It is not issued or administered by 

109 

a private veterinarian. The dosage is limited. The time that it is 

given is limited. So it has been a very effective model rule. And 

that is just symptomatic of how the model rule process works in 

terms of developing an industry consensus, whether it is on Lasix, 

whether it is banning steroids, et cetera. 

Mr. YARMUTH. And in 10 seconds, has that been successful in 

terms of facilitating—not necessarily enhancing performance on the 

horses, but protecting the horse on race day? 

Mr. HANRAHAN. I would say yes, sir. It has been very perfective 

in Kentucky and those States that have it. There was a little 

roughness getting it in place. But it has been very effective. And 

Lasix is a very effective drug in preventing bleeding in horses, and 

that protects the horse and in turn protects the jockeys. 

Mr. YARMUTH. Great. Thank you, sir. 

Mr. TERRY. Thank you. And now, there is about 5 minutes left 

with how many people not voting yet? 

VOICE. Three hundred. 

Mr. TERRY. Three hundred and seventy-five. So we have probably 

got another 5 minutes. So, gentlelady from Tennessee, the vice 

chairman, is recognized. 

Mrs. BLACKBURN. Thank you, Mr. Chairman. And I will do my 

best to not take all of my time and yield back so that others may 

get in—— 

Mr. TERRY. Why don’t you yield it to Joe? 

Mrs. BLACKBURN. And to the queue. OK. If we are not finished, 

I will yield it to Joe. I think we can all agree, we are all interested 

in the welfare of the animals. We are interested in the integrity of 

the sports, whether it is horseracing or walking horses or the steeple chase that we enjoy in Tennessee, or when I was a kid and in 

4H Club, the quarter horses in the barrel racing and all of that 

that my brother did. It is an important part of life for those of us 

who have grown up on farms or who live on farms or have that in 

our district. And so, Mr. Pacelle, I want to come to you for just a 

moment and ask you a little bit about your formal relationships, 

in relation primarily to the hearing we had last week. And I would 

just like to know, do you all have a formal relationship with one 

of our witnesses last week, Mr. Irby? 

Mr. PACELLE. A formal relationship? No, we do not. 

Mrs. BLACKBURN. Have you ever provided compensation to him 

to be in here in DC, or provided expenses or travel for him to come 

into DC to provide testimony or to lobby us on the bill? 

Mr. PACELLE. No, not to my knowledge. 

Mrs. BLACKBURN. Not to your knowledge. Could you confirm that 

and put it in writing and submit it to us? 

Mr. PACELLE. Sure. I would be happy to call your office and tell 

you. Sure. 

Mrs. BLACKBURN. OK. I would like it in writing. And same with 

Ms. Benefield, to know what her formal relationship is with you 

all. 

Mr. PACELLE. Sure. 

Mrs. BLACKBURN. That would be wonderful. I appreciate that. 

And, Mr. Pitts, I yield the balance of my time to you. 

Mr. PITTS. Thank you. 

Mr. TERRY. Joe, can I interrupt real quick? 

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Mr. PITTS. Yes, sir. 

Mr. TERRY. We will also give you a couple minutes. And everyone 

else has said they are going to submit their questions for the 

record. So at the time Joe finishes his question, we will dismiss. 

Mr. PITTS. Thank you, Mr. Chairman. For Mr. Hanrahan and Dr. 

Lyons, in my opening statement, I referred to a horse named Coronado Heights who happened to have been trained by the Nation’s 

leading trainer by money, Todd Pletcher, and received 17 injections 

1 week before he broke down. Mr. Hanrahan and Dr. Lyons, how 

is that putting the horse first? Please explain what could possibly 

be the benefit. Is this what is necessary to get a horse to the races, 

and how could this be justified especially at the top of the sport, 

Mr. Hanrahan? 

Mr. HANRAHAN. Yes, sir. I am not a veterinarian, but I would 

suggest to you that veterinarians look at those horses. Depending 

on the medical condition of that horse, whether the horse had a 

cold, whether the horse had some lameness issue, et cetera, would 

determine how that horse was treated. I would also like to point 

out I believe that horse was 1 of the horses included in the aqueduct report for the Aqueduct Commission that was convened in 

light of a number of breakdowns. And with your permission, I 

would like to quote something out of that report. And this is from 

the executive summary of that report. 

Mr. PITTS. Dr. Lyons— 

Mr. HANRAHAN. And it says on page 4, pre-race medication administered to the fatally injured horses was similar to that administered to the uninjured horses that raced. And one other thing is 

that on—— 

Mr. PITTS. I only have 2 minutes left. You can submit that for 

the record? Dr. Lyons, would you comment? How is this putting the 

horse first? Explain the benefit, et cetera. 

Ms. LYONS. Thank you, Congressman Pitts, for the question. It 

is not putting the horse first. It is putting the interest of getting 

that horse over to the races over and above the horse’s safety, its 

well-being. And I looked at that horse’s records. And I am a veterinarian. And I can tell you that there was nothing therapeutic about 

the approach or the drugs that were used in that horse. In my 

opinion, that horse broke down as a direct result of the injurymasking drugs that were stacked for weeks in advance before that 

horse raced and lost its life on the track. And I also am aware— 

and I am quite sure it was with this case that the owner of that 

horse had instructed that she did not want this horse to be medicated so that the injuries would be masked. And yet, the veterinarian did not abide by her directive. So this is how this system 

has broken down so that veterinarians see themselves as having 

the role of accommodating racing rather than the welfare of the patient. So that did not take care of that horse. 

Mr. PITTS. Thank you. Mr. Hanrahan, the Blood Horse Magazine 

announced your being hired as the national HBPA CEO on 11/29/ 

11. At the time, the article indicated that you were then a handicapper and occasional tournament player. Now, recent survey of 

horseracing bettors performed by Penn, Shad, and Berland indicated that 86 percent of the biggest bettors avoid certain tracks in 

States because of concerns over medication integrity, and 79 perVerDate Mar 15 2010 11:18 Feb 27, 2015 Jkt 037690 PO 00000 Frm 00114 Fmt 6633 Sfmt 6633 F:\113-102 HORSE PED - READY TO SEND\113-102 HORSE PEDS - PDF MADE WAYNE
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cent of horseplayers factor in illegal drug use when handicapping 

races at certain track. And these poll numbers are insightful, because they basically say bettors at all levels, especially at most 

every vested—big bettors believe that trainers are cheating and 

using drugs and adjust their betting accordingly. When you were 

actively wagering, did you take into account any of these considerations? If not, why not? 

Mr. HANRAHAN. No, I did not. The—— 

Mr. PITTS. Why—— 

Mr. HANRAHAN. The primary thing in handicapping a race is how 

competitive the race will be. You look at the size of the field, the 

conditions of the race. And I would point out, as I am sure many 

of you know, for horses running on Lasix, that is published in the 

racing programs. Everyone knows that. 

Mr. PITTS. Well, do you think this presents a perception problem? 

What if Warren Buffet thought Wall Street was rigged, quit playing? Isn’t this actually driving your sport out of business? Five 

years ago, nearly $15 billion was bet on races in North America. 

Today, it is down to 10 billion. Sales and purses have slumped as 

well. Additionally, fewer owners, especially foreign, are buying the 

racing horses in America. My time has expired. I have several 

questions for the record, Mr. Chairman, that I will submit. And I 

have two statements for the record, from Water Hay Oats Alliance 

and ASPCA, that I would like the unanimous consent to submit—— 

Mr. TERRY. Without objection, so ordered. 

[The information follows:] 

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Mr. PITTS. Thank you, Mr. Chairman. 

Mr. TERRY. Thank you. And now, I will recognize Mr. McNerney 

for a short statement. 

Mr. MCNERNEY. I just want to thank the witnesses for coming. 

I have heartfelt statements. I support H.R. 2012, and I will submit 

questions for the record. 

Mr. TERRY. So you have heard Mr. McNerney talk about questions for the record. Each member of this committee and Joe Pitts 

has the ability or right to send you questions. You have an obligation, because you agreed to testify, to answer those questions in a 

timely manner, which I will define as 2 weeks. If you can get in 

your answers to any questions submitted to you within 2 weeks, we 

would greatly appreciate it. And at this time, I want to offer unanimous consent to put into the record an article entitled ‘‘Texas 

Compounder Draws Industry Scrutiny,’’ and a November 20, 2013, 

NTRA letter. Hearing no objections, so ordered. 

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Mr. TERRY. I want to thank you all for your great testimony. 

Sorry we were rushed. We thought were going to have about another full half-hour to ask questions. But sometimes on getaway 

days, things tend to move quicker for some reason. So thank you 

very much for your insight and sharing your expert opinions with 

us today. And we are adjourned. 

[Whereupon, at 11:13 a.m., the subcommittee was adjourned.] 

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