After years of effort to reach the U.S. House Floor, once there, the Horseracing Integrity and Safety Act won in a walkover.
After passionate pleas for support of the bill from U.S. Reps. Paul Tonko, a New York Democrat, and Andy Barr, a Kentucky Republican, the bipartisan legislation that would see formation of the Horseracing Anti-Doping and Medication Control Authority to oversee the sport's equine medication and anti-doping policies and its drug testing was passed by a resounding voice vote (no opposition votes were audible).
When Senate Majority Leader Mitch McConnell, a Kentucky Republican, announced Aug. 31 his plan to introduce similar legislation on the Senate side—adding oversight of racetrack surfaces to a previous bill—he said it could be possible, noting the bipartisan support, to quickly pass the legislation either before the November elections or in the lame duck session afterward.
After Tuesday's support in the House, the legislation (S. 4547) appears to still be on track for that timetable as it's expected to now go to the Senate. S. 4547, which is mirrored by the House bill, was introduced by McConnell, Kirsten Gillibrand, a New York Democrat; Martha McSally, an Arizona Republican; and Dianne Feinstein, a California Democrat.
Represenatives speaking on the House Floor Tuesday noted the year of effort by Tonko, whose district includes Saratoga Race Course; and Barr, whose district includes Keeneland and numerous Central Kentucky Thoroughbred farms; in working on this bill, or similar bills, for some five years.
"Now, we move forward with a very good bill," Tonko said. "We're finally poised to cross the finish line on this historic reform."
To reach this point, it took industry support from The Jockey Club, racetrack owners, and some trainers, as well as outside support from animal welfare groups. The legislation also included McConnell's addition of track safety oversight as well as a compromise on race-day Lasix, that would allow prohibition of its race-day use to be phased-in by states that choose that approach.
Tonko noted that horse racing generates $26.1 billion in direct economic impact, including $5 billion in New York alone. Tonko said for the industry to continue, better oversight of equine safety is needed. Tonko believes equine safety issues are often linked to medication issues and enforcement, where the state-by-state approach has resulted in inconsistency.
"We have all seen the devastating results that can occur when these equine athletes are pushed beyond their limits, often aided by medications that can mask underlying health issues," Tonko said. "This same story has played out countless times across the country, because the current medication reforms have been implemented unevenly, leaving a patchwork system in place that have created a wide disparity in the effectiveness of medication testing and enforcement and racetrack safety standards. That patchwork system simply doesn't work.
"This national approach brings great hope to the integrity of this great industry. If horse racing is to thrive as an industry, and once again capture the public's imagination, we must do better."
Barr said in reviewing Jockey Club Round Table transcripts from four and five decades ago, the lack of uniformity was already being discussed. He noted that while the industry is Kentucky's signature sport, it's important throughout the country and has a direct employment impact of nearly one million jobs. To protect those jobs, he said uniformity in medication rules is needed.
"The Thoroughbred horse racing industry labors under a patchwork of conflicting and inconsistent state-based rules governing prohibited substances, lab accreditation, testing, and penalties for violations," Barr said. "This lack of uniformity has impeded interstate commerce, it has compromised the international competitiveness of the industry, it has undermined public confidence in the safety and integrity of the sport, and the industry is in desperate need of certainty."
Barr said as a conservative he does not view the bill as added regulation. He sees it as more efficient regulation.
"As I've said many times as a limited government conservative, this legislative effort is not about more regulation," Barr said. "It is about creating a single nationwide set of rules that will result in smarter, more effective, and streamlined regulation for the industry. The Horseracing Integrity and Safety Act will remedy this lack of uniformity."
McConnell applauded the bill's passage on the House Floor, the first time legislation to federally recognize an independent horseracing regulatory authority has passed a chamber of Congress.
"Our bipartisan legislation to recognize a national standard for Thoroughbred racing is receiving support from all corners. Now, it's earned the approval of the House," McConnell said in a statement. "Today's vote was another important step toward protecting our beloved sport for the horses, jockeys, trainers, breeders, and fans.
"I'd like to congratulate Congressmen Andy Barr and Paul Tonko and their colleagues for championing this legislation in the House. I look forward to their continued support as work continues to pass this bill into law."
The Jockey Club issued a statement of support Thursday for the dedication of Barr and Tonko.
"The unanimous passage of the bipartisan Horseracing Integrity and Safety Act in the House yesterday was a huge step forward for horse racing in the United States. Reps. Andy Barr and Paul Tonko and their staffs were instrumental in getting this done, and The Jockey Club is tremendously grateful for their dedication and hard work. We would also like to thank Rep. Frank Pallone Jr., Jan Schakowsky, and Greg Walden for voicing their support of the bill on the floor.
"We are excited to see this bill progress through Congress and thank Majority Leader Mitch McConnell for introducing it to the Senate, along with Kirsten Gillibrand, Martha McSally, and Dianne Feinstein. We look forward to seeing it pass there as well because we know our sport will prosper and our equine and human athletes will be safer once the HISA is enacted."
The National Thoroughbred Racing Association also noted the work by Barr and Tonko.
"Today's historic passage of the Horseracing Integrity and Safety Act by the U.S. House of Representatives by an overwhelmingly favorable bipartisan vote reflects broad industry support for much-needed national standards for anti-doping and medication control as well as racetrack safety," the NTRA said in a Tuesday release. "Today's action would not have been possible without the longtime support of Representatives Paul Tonko and Andy Barr, who have demonstrated time and again on key issues as diverse as internet wagering and tax reform, they understand the importance of our multi-billion-dollar industry that accounts for nearly 500,000 jobs nationwide."
Breeders' Cup issued a statement of support Tuesday as well.
"We congratulate Congressman Tonko, Congressman Barr, and Senator McConnell on the passage of HISA in the United States House of Representatives," the organization said in a statement. "This is an important step for much-needed legislation that will help make racing safer for our athletes, both equine and human, and enhance the integrity of the sport that so many enjoy. The Breeders' Cup stands ready to do the necessary work to secure its passage in the Senate to make this important goal for our sport a reality."
The New York Racing Association also voiced support for the bill on Tuesday.
"The passage of the Horseracing Integrity and Safety Act in the U.S. House of Representatives paves the way for a uniform, national approach to medication control and anti-doping across the sport," NYRA said in a statement. "Thanks to Rep. Paul Tonko and Rep. Andy Barr, today's bi-partisan vote leaves no doubt as to the importance of this legislation in securing the future of horse racing in the United States. NYRA urges the U.S. Senate to quickly consider and pass the Horseracing Integrity and Safety Act."
Speaking to the national crisis in which the sport finds itself, the Water Hay Oats Alliance made a statement of support Tuesday as well.
"Today's passage of the Horseracing Integrity and Safety Act in the United States House of Representatives marks a milestone in the Water Hay Oats Alliance's grassroots advocacy," WHOA said in a release. "Working hand-in-hand with HISA sponsors Congressmen Paul Tonko and Andy Barr, WHOA members found bipartisan teamwork and determination that brought us one step closer to our goal of drug free racing. WHOA celebrates today's victory for the health and well being of the horse and the future of horse racing.
"Nearly 30 federal indictments related to doping of racehorses have been made recently. The sport finds itself in a national crisis with an uncertain future. When legal therapeutic drugs are misused to mask pain, horses running with pre-existing injuries can be severely impaired, lose their lives and risk the lives of their jockeys. When illegal doping occurs the race results are illegitimate and the American betting public is defrauded. For the sport to survive, the racing industry needs the reforms HISA provides.
"In May of 2012, WHOA was founded as a grassroots movement of like-minded individuals who support federal legislation for drug free racing under the independent oversight and management of the United States Anti-Doping Agency. Through the experienced leadership of USADA, our sport can realize the national uniform transparency, rules, and protocols that will put U.S. racing in step with international standards.
"WHOA and its industry partners in The Coalition of Horseracing Integrity look forward to working for HISA's passage in the Senate under the leadership of Senators Mitch McConnell and Kirsten Gillibrand. And we await the day when the great sport of horse racing can rebuild its reputation with integrity and fair competition, protect the life and limb of our beloved horses and their jockeys, and reclaim racing's place as one of America's top spectator sports. The Horseracing Integrity and Safety Act can take us there."
