Bank Of America Approves ADW Transactions

The National Thoroughbred Racing Association (NTRA) today confirmed that Bank of America, the second-largest bank in the United States and one of the largest card-issuing banks in the country, has for the first time begun approving debit card deposit transactions with U.S. licensed and regulated advance deposit wagering companies (ADWs).

The decision by Bank of America, which began accepting debit card transactions in mid-August, is expected to have a positive impact on overall U.S. pari-mutuel handle.

“This is another positive step for Thoroughbred racing and one that would not have come about without the support of Bank of America and the advocacy on behalf of our industry by Rep. Andy Barr (R-KY) and his staff,” said NTRA President and Chief Executive Officer Alex Waldrop.

“I commend Bank of America for expanding access to wagering on Thoroughbred horse racing for the roughly 66 million Americans that the bank serves,” said Barr, who serves on the U.S. House of Representatives Financial Services Committee. “This is a win for Bank of America customers and the horse racing industry. Bank of America's decision will strengthen the horse racing industry in the Commonwealth and throughout the United States.”

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United States House Passes Funding Package With Multitude Of Pro-Animal Provisions

The Humane Society Legislative Fund commends the U.S. House of Representatives for passing an appropriations package that features numerous animal protection provisions, including directives for better enforcement of laws that target horse soring and other animal cruelty, expanded shelter options for domestic violence survivors with pets, and measures to prevent horse slaughter on U.S. soil, enhance U.S. Department of Agriculture laboratories' compliance with animal welfare standards, and encourage the transition of egg farmers to cage-free operations.

Other animal welfare provisions approved include funding increases to implement a humane, long-term management regime for wild horses and burros on federal land, combat wildlife trafficking, protect endangered and threatened species, and address the dangers of live wildlife markets and zoonotic disease spillover, along with directives to reduce animal testing and to promote federal building designs and materials that reduce bird mortality from collisions.

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“These extraordinary gains are a testament to the power of the purse, and the clearest possible indication that animal protection enjoys strong support from the majority of House members,” said Sara Amundson, president of Humane Society Legislative Fund. “We'll move right into gear to press the Senate to follow suit, because these are all important measures that deserve to be enacted.”

The bill also prohibits funds from being used by the U.S. Fish and Wildlife Service to issue permits for the import of a sport-hunted trophy of an elephant or lion taken in Tanzania, Zambia or Zimbabwe – three countries where the species populations are in severe decline. Rep. Ted Lieu, D-Calif., led a letter seeking this prohibition signed by a bipartisan set of 33 representatives. An amendment to strike this important provision was defeated.

Additional amendments approved by a vote of 371 to 55 authorize the transfer of $2 million to the U.S. Fish and Wildlife Service to study the plight of the West Indian manatee in Florida and potential remedies, championed by Rep. Vern Buchanan, R-Fla., and direct the U.S. Department of Veterans Affairs to use $5 million for equine assisted therapy within the VA's Adaptive Sports Program, which was advanced by Rep. Andy Barr, R-Ky.

The measures are part of H.R. 4502, “Minibus #1”, which passed by a vote of 219 to 208. This package of seven appropriations bills funds several federal departments including Agriculture, Interior, and Health and Human Services, and contains many pro-animal provisions approved by earlier committee action, highlighted here and here.

House Agriculture Appropriations Subcommittee Chairman Sanford Bishop, D-Ga., proved a strong champion of animal provisions in his bill, many of which were requested by a bipartisan set of 204 Representatives and 43 Senators led in the House by Reps. Earl Blumenauer, D-Ore., and Christopher Smith, R-N.J. Rep. Barbara Lee, D-Calif., led a committee amendment to limit higher-speed slaughter lines.

“The way we treat animals reflects the values we hold. I'm thrilled to see so many of our bipartisan animal welfare provisions reflected in the appropriation bills moving forward in Congress,” said Rep. Earl Blumenauer, co-chair of the Congressional Animal Protection Caucus. “From supporting cage-free egg laying facilities to strengthening the humane handling requirements for poultry plants to stopping horse soring, we are taking critical steps to ensure better treatment of wild and domestic animals.”

By a vote of 217 to 212, the House also passed a separate appropriations bill, H.R. 4373, funding the State Department, U.S. Agency for International Development, and other agencies that adds tens of millions of dollars and key provisions to tackle the combined threats to human health and animal welfare worldwide from wildlife trafficking and live wildlife markets that are associated with zoonotic disease transmission. During debate on that bill, the House approved a good amendment on combatting the trafficking of endangered species, which was offered by Rep. Jackson Lee, D-Texas.

Read more here.

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Congressmen File Amicus Brief In Support of HISA

The lead congressional sponsors of the Horseracing Integrity and Safety Act (HISA), Senator Mitch McConnell (R-KY) and Representatives Andy Barr (R-KY) and Paul Tonko (D-NY), have filed a 14-page amicus ('friend of the court') brief in response to a lawsuit filed by the National Horsemen's Benevolent and Protective Association and some of its affiliates, challenging its constitutionality.

The brief lays out the reasons why HISA is necessary to protect and preserve the future of horse racing, deliberations in Congress over the course of several years that included input from all sectors of the horse racing industry–which resulted in broad, bipartisan support for the bill–and the reasons why HISA is, in fact, constitutional. HISA was signed into law by President Trump in December 2020.

“The National Thoroughbred Racing Association (NTRA) commends Sen. McConnell, Rep. Barr and Rep. Tonko for their forceful defense of the Horseracing Integrity and Safety Act of 2020,” said NTRA President and Chief Executive Officer Alex Waldrop. “The need for a national body to enforce stringent integrity and safety standards for Thoroughbred racing has never been greater. Organizations and individuals representing virtually every segment of our industry are committed to working cooperatively with the HISA Authority and its standing advisory committees to assist the Authority in carrying out its federal mandate to propose to the Federal Trade Commission for that agency's adoption an innovative, affordable federal regulatory system that prioritizes first and foremost the safety of horse and rider and the integrity of our sport.”

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McConnell, Barr, Tonko File Brief Asking Court To Dismiss HBPA Lawsuit Against Horseracing Integrity And Safety Act

Attorneys representing three Congressional proponents of the Horseracing Integrity and Safety Act (HISA) have filed an amici curiae brief in support of a motion by defendants to dismiss a federal lawsuit by the National Horsemen's Benevolent and Protective Association and several affiliates alleging that the federal law establishing national oversight on medication and safety policies for horse racing is unconstitutional.

Attorneys Eric Grant of Texas and Paul E. Salamanca of Kentucky submitted the “friend of the court” brief on behalf of Kentucky Sen. Mitch McConnell, who pushed for the passage of HISA as part of omnibus funding bill in December while serving as Senate majority leader; Kentucky Rep. Andy Barr; and New York Rep. Paul Tonko. Barr and Tonko were the primary sponsors of HISA in the House of Representatives. The bill was signed into law by former President Donald Trump.

The brief pushes back against a partial motion to dismiss from HBPA attorneys filed April 30 seeking the court to declare HISA unconstitutional and order an injunction preventing the Horseracing Integrity and Safety Authority, the agency created by the law, from operating as a national oversight body.

The three points of contention countering the HBPA position is that 1) HISA is vital legislation; 2) HISA is the result of extensive legislative deliberation; and 3) HISA is structurally constitutional.

The brief argues that the racing industry recognized that an “acute safety crisis was creating an existential crisis of public confidence” and that HISA was Congress' response to that crisis.

“HISA's mandate to create national, uniform equine health and safety rules is vital to the stability and growth of horseracing,” the brief reads. “Like any regulatory regime, not everyone agrees with HISA's objectives or the means by which the statute achieves those objectives. But the question for this court is only whether Congress had an adequate and legitimate basis for enacting HiSA.”

On the second point, the brief explains the history of previous efforts to pass legislation similar to HISA, with numerous Congressional hearing taking place over the last decade, including one in 2018 and another in 2020. Among the 14 witnesses who testified in the latter two hearings, the brief contends, were four opponents of the legislation, including the CEO of the National HBPA.

The HBPA alleged in its lawsuit that HISA passed the House of Representatives on a voice vote with no debate and that it was never discussed in committee or on the floor of the Senate.

The final point of the brief states that HISA is structurally constituted and modeled on the Maloney Act, which authorized the Financial Industry Regulatory Authority (FINRA) to regulate federal securities markets. FINRA is under the auspices of the Securities and Exchange Commission, which can approve, reject or modify its policies.

Similarly, HISA will operate under the auspices of the Federal Trade Commission, which can approve, reject or modify policies. As a private entity, HISA would “propose, not promulgate” rules to the FTC, according to the brief.

“For the foregoing reason,” the brief states, “this court should grand defendants' motion to dismiss (the lawsuit).”

The McConnell-Barr-Tonko brief was not the only one submitted to the court. The North American Association of Racetrack Veterinarians (NAARV) filed a brief contending that the establishment of the Authority would deny due process to its members.

The suit was filed in U.S. District Court for the Northern District of Texas, Lubbock Division.

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