The NTRA is pro-HISA, which means that Rooney was working behind the scenes to lobby lawmakers to back legislation in which language that covered HISA was changed so that it would satisfy issues brought up by a federal appeals court that declared that HISA was unconstitutional. Had the language not been changed, HISA very well could have been dead. Rooney said his efforts included discussions with both Mitch McConnell and Chuck Schumer. Ultimately, the NTRA and pro-HISA forces got their wish.

“[Schumer and McConnell] both recognized that it was important for our industry to have uniform standards and to have racetrack safety and accountability and integrity for us to move forward,” Rooney said. “We made it incumbent upon those two men especially that we needed this language fixed and we were able to get it done despite a pretty good opposition with regard to people that opposed HISA. So we had to work very hard to make sure that we pressed the issue again with those two men and the rest of the members that were going to vote that had problems with it. I was making phone calls days before to members of the Senate that I'm friends with explaining this to them. A lot of people just didn't know what it meant. They thought it meant more of a government overreach rather than something that would help our industry. And I think that once they understood that, they moved on to the next thing.”

Despite his success, Rooney said he was worried that his efforts would fall short.

“I was not optimistic at all,” he said. “I think I told the people on the phone call that we met with on a daily basis or a weekly basis that we probably had a 5% chance of success.”

The key now, is whether or not the new language will mean that the Fifth Circuit Court of Appeals will be satisfied when it comes to the constitutionality issues and allow HISA to proceed.

“I'm confident and that's because I think that we addressed exactly what the court's problems were,” Rooney said. “There is going to be litigation and there's going to be shots taken in other parts of the bill that don't have to do with the ruling. I don't think that those are fatal. And even if they were ruled against, I think that they could be separated without having to try again with a legislative fix, which would be even more difficult with this Congress.”

Looking to the future, Rooney said horse racing needs to join forces with sports betting websites so that their customers can bet on racing and be exposed to the sport. Currently, most on-line wagering on racing is restricted to the traditional ADW outlets like TwinSpires, TVG and XpressBet and sports bettors do not have access to racing.

“The one thing that I'm focused on which will help reach the next generation is what I can do at the federal level to try to get what's called a single wallet on the sports betting apps,” he said. “One of my biggest focuses for the sake of the gambler is to try to figure out a way to integrate horse racing, which, as you all know, was the only legal sport in our country to gamble on for the longest time. And now we're competing in certain states with all sports. FanDuel is one of my board members, and we were able to work with them to get horse racing on a FanDuel shared application. So you don't have to go off one app to get on another one…I remember my son asking me, 'Dad, who's going to win the Kentucky Derby? And then he's like, 'Why can't find it on my app?'”

Elsewhere on the podcast, which is also sponsored by Coolmore, the Kentucky Thoroughbred Association, the Pennsylvania Horse Breeders Association, XBTV and https://www.threechimneys.com/ West Point Thoroughbreds, Zoe Cadman, Randy Moss and Bill Finley discussed the GIII Sham S. and the incredible amount of depth the Bob Baffert has in the 3-year-old male division. Baffert finished one-two-three in the Sham and has three of the top seven horses in T.D. Thornton's Derby Top 12. There was also talk of the 2022 year-end statistics released by Equibase in which purses were up by 10.92 percent even though handle fell, by 0.87 percent. The group noted that, unfortunately, the growth of purses is attributable not to growth of the sport but solely to outside revenue from casino games. The podcastended on an upbeat note with a discussion of the remarkable recovery of jockey Joree Scriver after it was feared she was paralyzed in a spill at Sunland Park.

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Before Leone and other Italian directors like Sergio Corbucci set about redefining the Old West in Europe, traditional domestic westerns featured clean-cut leads like John Wayne, Alan Ladd, Gregory Peck, Gary Cooper, and Jimmy Stewart in films by directors like John Ford and Howard Hawks that clearly delineated the good from the bad and ugly. Not so Leone, who made the genre surreal and messy, and for him the good wasn't as easily distinguishable from the bad and ugly.

Clint Eastwood, Leone's star, was an anti-hero gunslinger with five-day stubble on a perpetually squinting face, a cigarillo between his lips, and a signature poncho draped over his tall frame.

When he flipped the poncho over his left shoulder, he was ready to draw the Colt Navy holstered on his thigh, and when he did, any gunfight was over in the blink of an eye. He was faster than fast–and unbelievably so.

Racing in 2022 was messy and surreal and was a Sergio Leone film in my mind, not a John Ford movie with clear-cut heroes and bad guys. Flightline was the star, playing the Eastwood role. No one was faster.

Here's the year's Good, Bad, and Ugly, boiled down in three acts.

The Good
The Good was Flightline (Tapit), wasn't it? He was good, but not so in the traditional sense for some, because he didn't race often like their racing heroes from the past. His detractors have grumbled, too, that he's not competing in 2023 because his connections are cashing out on his massive stud value. Some conspiracy theorists on social media have gone so far as to insinuate the $4.6 million share purchased by an undisclosed buyer at auction at Keeneland was engineered by the colt's ownership group to inflate his value. In reality, the share was bought fair and square by Travis Boersma, the billionaire co-founder of Dutch Bros. Coffee, with Coolmore the underbidder. In fact, Boersma has since purchased another share in Flightline.

As for how good Flightline was, the results of the recent Gl Malibu and Gll San Antonio add to the tale: Taiba (Gun Runner), beaten 8 3/4 lengths in third by Flightline in the Gl Breeders' Cup Classic, won the former by 4 1/4 lengths; and Country Grammer (Tonalist), second by 19 1/4 lengths to Flightline in the Gl Pacific Classic, won the latter by 4 1/2 lengths. At the time, the Pacific Classic impacted me in a way I haven't felt in a long time, and when Lane's End asked me to write the entry for Flightline for its annual stallion brochure, I wrote of that race in particular and said, in part:

He was a hot Santa Ana wind blowing in from the San Diego mountains that day. He not only fried the competition in the Pacific Classic but also the ability to think straight in the immediate aftermath. It was difficult to coherently put into words what was seen and felt as Flightline crossed the line. There was something unsettling about it, something that asked, “Is this real?”

Joan Didion, that great American writer from California, once said this about the Santa Ana winds: “The Pacific turned ominously glossy during a Santa Ana period, and one woke in the night troubled not only by the peacocks screaming in the olive trees but by the eerie absence of surf. The heat was surreal. The sky had a yellow cast, the kind of light sometimes called 'earthquake weather.'”

Didion's words capture the otherworldly essence and collective disbelief of what was witnessed at Del Mar. It had been, after all, only Flightline's fifth race. Previously, he'd dominated a field of Grade l winners by six lengths in the one-mile Gl Metropolitan H. at Belmont. His only other stakes outing before the Met Mile came in the seven-furlong Gl Malibu S. at Santa Anita, which he won by 11 1/2 lengths.

In the days following the Pacific Classic, as the magnitude of accomplishment settled in, journalists waxed lyrically about Flightline's performance, but the most telling verdicts came from unsentimental makers of figures and ratings: 126 from Beyer, the fastest in almost 20 years and the second-best ever; -8 1/2 from Thoro-Graph, the best in its history; -2 from Ragozin,
an indicator of highly elite class; and a ranking of 143 from the internationally respected Timeform, which places Flightline tops among American horses of all time and within range of the publication's highest-ever weighted horse, Frankel, at 147.

Flightline was clearly special.

The Bad
The handling of HISA was bad–twice over. There's no way to sugarcoat this. The bill was first passed without industry consensus when Sen. Mitch McConnell, Republican and then Majority Leader in the senate, tacked it on to the year-end spending bill in 2020, and after a part of it was found unconstitutional last year, Sen. McConnell, now Minority Leader, once again attached an amendment to it to the spending bill last month with corrective language that's supposed to address the issue the Fifth Circuit Court of Appeals found objectionable, which is that government power was delegated to a private entity without adequate government supervision.

Sen. McConnell, in this role, plays the part actor Lee Van Cleef did in the Leone film, the hired gun Angel Eyes. Part of the entry for Angel Eyes in Wikipedia reads: “A ruthless… mercenary… always finishes a job for which he is paid.” Who hired–lobbied is the polite word–Sen. McConnell? Pro HISA advocates, including The Jockey Club, a mostly Republican organization. And why is this ironic and even surreal? Because many of the constitutional issues being litigated in courts around HISA are anti-Republican stances about states' rights and regulatory measures. And many of the federal justices ruling on these issues were named to the bench by Republican Presidents, whose appointments were supported by Sen. McConnell and most Republicans.

What happens if another conservative judge rules against HISA in one of several suits on the table at the moment? You already know: Sen. McConnell will be back to tack another amendment to the spending bill a year from now. He's got plenty of Democrats in the senate who will support him on this, but his own party is highly critical of him for putting forth measures that are anathema to conservatives.

Sen. McConnell and his posse should have had this right from the beginning, with industry consensus and a clear understanding that any challenges to HISA would come from McConnell's own party and be adjudicated by justices put in place by them.

The Ugly
Who will be the champion 3-year-old colt of 2022? Will it be Epicenter (Not This Time), who won one Grade l race last year, or will it be Taiba, the winner of three? I tweeted this recently from the WTC company account, @Sirewatch:

“In the matchup for Eclipse 3yo between Epicenter vs. Taiba, the winner is Ron Winchell. He owns Epicenter and is a major shareholder in Gun Runner, the sire of Taiba.”

Winchell is a leading man from a John Ford film, a John Wayne type of winner.

Taiba is owned by Amr Zedan, a Saudi businessman, and trained by Hall of Famer Bob Baffert, both of whom are Sergio Leone characters, perhaps a composite in this case of the Eli Wallach role of Tuco, a wanted Mexican bandit in “The Good, the Bad, and the Ugly.”

Things certainly got ugly for Zedan and Baffert after their Medina Spirit (Protonico) tested positive for betamethasone after the 2021 Gl Kentucky Derby, and events have snowballed from there, including the Churchill Downs ban of Baffert and the subsequent lawsuits filed by Zedan and Baffert in response. All of this translated to negative publicity and quite likely cost Medina Spirit an Eclipse Award.

The champion 3-year-old colt of 2021 was Godolphin's Essential Quality, who won two Grade l races, the same as Medina Spirit. Except Medina Spirit also defeated older horses by winning the Gl Awesome Again – something his rival didn't do – and finished ahead of Essential Quality the two times they met, in the Derby (Essential Quality was fourth) and the Breeders' Cup
Classic (Medina Spirit was second to Knicks Go and Essential Quality was third).

The resilient Zedan and Baffert are somehow back again with Taiba, but how will voters respond this time? Will they snub Zedan and Baffert again and go with Epicenter, who had a fine campaign that included a win in the prestigious Gl Travers? Or will they jettison both dirt colts and go for Godolphin's Modern Games (Ire) (Dubawi {Ire}), who won two Grade l races on turf against older horses? Don't scoff, there's been some chatter about that on social media among potential voters.

Owner and handicapper (and economics professor) Marshall Gramm recently noted on Twitter the similarities of Taiba, Epicenter, and Modern Games to the trio of Snow Chief (three Grade l wins), Ferdinand (one), and Manila (three, all on turf) from 1986. Snow Chief won the Eclipse that year, but Manila, an outstanding turf horse, was the best of the three. Back then, however,
turf racing didn't have the same stature it now seems to hold with some voters.

These days it's hard to agree on anything. Consensus is elusive. The Good, the Bad, and the Ugly are seemingly interchangeable, depending on viewpoint. And facts seem to matter less than opinion. That's the chaos that Leone captured in 1966, and it's very much alive now.

Welcome to 2023.

Sid Fernando is president and CEO of Werk Thoroughbred Consultants, Inc., originator of the Werk Nick Rating and eNicks.

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“It has come to our attention that you are considering proposing language related to HISA in the Defense Spending Authorization Act or other end-of-year legislation,” the AGs wrote to the senior senator from Kentucky in a Dec. 8 letter. “We urge you not to do so. HISA has already caused enormous upheaval in our States. A lame-duck session is not the time to slip new language into legislation amending HISA in response to [a recent court ruling]. Indeed, language that attempts anything other than repealing this ill-advised legislation will only make a bad situation worse.”

The U.S. Court of Appeals for the Fifth Circuit on Nov. 18 ruled that the Horseracing Integrity and Safety Act (HISA) is unconstitutional because it “delegates unsupervised government power to a private entity” and thus “violates the private non-delegation doctrine.”

On Dec. 7, the U.S. Court of Appeals for the Sixth Circuit heard arguments in a similar case that also seeks to reverse a lower court's decision to dismiss a constitutional challenge of HISA.

The state of Louisiana's AG spearheaded the effort. Also signing the letter were the AGs from Arkansas, Indiana, Iowa, Mississippi, Ohio, Oklahoma, South Carolina and Texas.

U.S. Trotting News was the first media outlet to publish the letter.

The letter continued: “As enacted, HISA disrespects [the] system of dual sovereignty. HISA's very purpose is to take away a regulatory power individual States have exercised since the Founding–to oversee and regulate horse racing within their borders–and give that power exclusively to a private agency.”

The HISA Authority “is exercising federal regulatory powers without any meaningful restraint, oversight, or adequate time for notice and comment, rushed rules that displaced existing State laws governing horse racing and exposed jockeys and horses to unsafe conditions,” the letter stated.

“Adding insult to injury, the Authority required all participants in the horse racing industry to pay assessments to cover the cost of enforcing HISA's dangerous and poorly thought-out private rules. As a final blow, the Authority attempted to cannibalize existing State personnel to implement and enforce the rules it enacted,” the letter stated.

At a later point, the four-page plea continued: “If you seek a resolution that settles controversy in the industry, then you should organize discussions between all industry participants that would identify and address everyone's concerns with HISA instead of making a surprise amendment to HISA now. Several of our states are engaged in litigation regarding problems with HISA beyond the private nondelegation issue, and amendments cannot avoid continuing, costly litigation unless they are carefully tailored to resolve all concerns.”

Two years ago this month, when McConnell was the Senate majority leader, he was instrumental in making sure HISA got passed by tucking it into a massive, year-end government funding bill that included a $900-billion COVID-19 relief package.

“Enacting HISA in 2020 in vital national legislation that had nothing to do with horse racing is part of why it failed so miserably,” the Dec. 8 letter stated. “Amending HISA in the Defense Spending Authorization Act with no notice to industry participants or States will merely repeat the same flawed approach.”

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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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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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The legislation passed by the Senate on Dec. 21 that will put anti-doping/medication control and safety programs under the umbrella of one independent, non-governmental Authority, the Horseracing Integrity and Safety Act was part of a 5,500-plus page, $2.3 trillion bipartisan government funding bill that included $900 billion in coronavirus relief extending unemployment benefits and providing up to $600 in cash payments to individuals. President Donald Trump, whose Treasury Department officials helped negotiate the package, had threatened to veto the bill, in part demanding that the $600 individual benefits be increased to $2,000.

On Sunday night, Trump signed the bill into law.

A previously formed nominating committee can now move forward in naming the nine members who will comprise the Horseracing Integrity and Safety Authority (five independent members from outside of the horse industry, four from within the industry but without current investments or conflicts of interest). The Authority has been charged with contracting with the United States Anti-Doping Agency to oversee the anti-doping/medication control program on a national basis.

Two working committees also will be named. For more information on what comes next, read answers to frequently asked questions, as supplied by Marc Summers, vice president and general counsel for The Jockey Club, which helped steer the legislation through Congress.

Passage of the legislation, originally supported by the grassroots Water Hay Oats Alliance and sponsored in the House of Representatives by Democrat Paul Tonko of New York and Repubolcian Andy Barr of Kentucky, was years in the making. It got fast-tracked earlier this year when Republican Senate Majority Leader Mitch McConnell threw his support behind it after Churchill Downs came on board and joined with other major racing organizations. It passed the House in September on a voice vote and was part of the omnibus bill passed overwhelmingly by the Senate Dec. 21.

The omnibus legislation that is now law includes other measures beneficial to the horse industry, including continuation of H-2B visa programs for foreign workers and extension of three-year tax depreciation for purchase of racehorses and COVID relief for small businesses in the horse business.

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A $1.4 trillion omnibus package that includes funding for the federal government's current fiscal year included the Horseracing Integrity and Safety Act (HISA), historic legislation that will establish national standards to promote fairness, increase safety in Thoroughbred racing.

“We thank Senate Majority Leader Mitch McConnell for his pivotal role in the passage of the Horseracing Integrity and Safety Act (HISA) by the U.S. Senate,” said Alex Waldrop, President and Chief Executive Officer of the National Thoroughbred Racing Association (NTRA). “We also applaud Senators Kirsten Gillibrand (D-NY) and Dianne Feinstein (D-CA) and Congressmen Andy Barr (R-KY) and Paul Tonko (D-NY) and other allies in Congress whose support helped make this watershed moment possible. We look forward to President Trump signing the HISA into law and by doing so, commencing the establishment of an independent and well-informed central authority that will ensure the integrity of our sport and the safety of our human and equine athletes nationwide.”

A key provision that extends three-year tax depreciation for all racehorses through 2021 also was part of the omnibus package. Uniform three-year racehorse depreciation was among numerous tax provisions across many industries that were set to expire at the end of 2020. The provision extends the three-year depreciation schedule for all racehorses through 2021 and allows taxpayers to depreciate, on a three-year schedule, racehorses less than 24 months of age when purchased and placed into service. In the past, racehorses of this age were depreciated on a seven-year schedule. The accelerated schedule better reflects the length of a typical racehorse's career and is more equitable for owners. Maintaining the three-year recovery period for racehorse purchases has been a top legislative priority for the NTRA federal legislative team since the provision's initial enactment as part of the 2008 Farm Bill.

A $900 billion COVID-19 relief package included several positive provisions relative to horse breeding and racing. Eligible racetracks and farms would again be allowed to participate in this second round of the Paycheck Protection Program (PPP) as they were in the first round after the NTRA helped secure favorable guidance from the Small Business Administration (SBA). The new provisions include:

• Expanded PPP loan terms that include new eligibility for horse and farm owners without employees operating as sole proprietors or via single member LLCs
• New PPP eligibility for qualifying 501(c)(6) organizations with less than 300 employees;
• Additional eligible expenses that now also include software, human resources, accounting, and personal protective equipment for those who have not yet had PPP loans forgiven;
• A second draw PPP loan of up to $2 million that now is available for qualifying businesses with at least a 25% reduction in gross receipts;
• Extension of employer tax credits for paid sick and family leave and employee retention into 2021; and
• Full deductibility of meals from restaurants during 2021 and 2022.

“The relief package has some helpful provisions for industry participants, especially with regards to the enhanced PPP loan program, and the three-year tax depreciation for yearlings,” said Jen Shah, Tax Director at Lexington, Ky.,-based Dean Dorton. “This new relief plus the current 100% bonus depreciation available on qualifying purchases continue to provide meaningful tax deductions for horse and farm owners.”

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U.S. Senate Majority Leader Mitch McConnell (R-KY) led the Senate Monday night in passing the Horseracing Integrity and Safety Act, which was included in the year-end government funding bill. The legislation now goes to President Trump's desk to become law. Senator McConnell introduced the bipartisan legislation in September, only days after the 146^th Kentucky Derby, to recognize a uniform, national standard for Thoroughbred racing.

“Kentucky's cherished horseracing traditions deserve to be protected. I'm proud the Senate agreed to my legislation to preserve our signature racing industry and the 24,000 workers who support it,” said Senator McConnell. “With the leadership of Congressman Andy Barr and the partnership of sport leaders, horse advocates, and fans, we're one step closer to promoting fairness and safety across Thoroughbred racing. As Majority Leader, I made this Kentucky-focused legislation a top priority in the Senate. I look forward to this major advancement for our beloved sport becoming law.”

The House of Representatives passed the Horseracing Integrity and Safety Act in September led by U.S. Congressmen Andy Barr (KY-06) and Paul Tonko (NY-20). U.S. Senators Kirsten Gillibrand (D-NY) and Dianne Feinstein (D-CA) — Senators representing states with prominent racetracks — were original cosponsors in the Senate.

“With today's passage of HISA in Congress we are in the final stretch of achieving the most transformational and consequential reform of the Thoroughbred horseracing industry since enactment of the Interstate Horseracing Act of 1978,” said Congressman Barr. “For almost a decade, I have worked with industry stakeholders and my Congressional colleagues to build consensus around reforms that will protect equine athletes and strengthen confidence and international competitiveness in the sport. I am proud to champion this historic, bipartisan legislation with Congressman Paul Tonko and Leader McConnell and I look forward to President Trump signing it into law.”

In August, Senator McConnell and Congressman Barr joined horseracing leaders in Lexington, the Horse Capital of the World, to announce an agreement years in the making to create national standards for the sport. The Horseracing Integrity and Safety Authority will be an independent regulatory authority, similar to other professional sports, to set medication use and safety protocols.

The bipartisan legislation has earned broad support from trainers, breeders, jockeys, and other leaders of the Thoroughbred racing industry:

“Senator McConnell's leadership has been critical in bringing the Thoroughbred industry together and prioritizing the passage of the Horseracing Integrity and Safety Act,” said Bill Carstanjen, chief executive officer, Churchill Downs Incorporated. “This is a pivotal moment for the future of horseracing, a sport that will now be governed by world class, uniform standards across the United States.”

“The passage of HISA is a landmark moment for the Thoroughbred racing community's ongoing efforts to ensure our horses are running under the safest and most transparent conditions possible and to protect the integrity of the sport for our athletes, horsemen and fans. The independent Authority established by HISA will bring a level of consistency and accountability that will improve our sport for years to come as they work to develop and implement uniform anti-doping, medication control and operational measures. Keeneland is honored to have been involved in this ground-breaking legislation,” said Keeneland president and CEO Bill Thomason jointly with president-elect Shannon Arvin.

“This marks the single most significant safety and integrity development in the history of Thoroughbred racing. This moment also demonstrates that great progress can be accomplished when the industry works together,” said Drew Fleming, president and CEO of Breeders' Cup. “We recognize that there is more to be done and we look forward to working with our counterparts to build on this momentum and further improve the sport for generations to come.

“Breeders' Cup thanks House and Senate leadership for their support and applauds Senate Majority Leader Mitch McConnell (R-KY) for bringing the industry together to build consensus on meaningful reforms and regulations. Senators Dianne Feinstein (D-CA), Kirsten Gillibrand (D-NY) and Martha McSally (R-AZ), along with Representatives Andy Barr (R-KY) and Paul Tonko (D-NY) were also instrumental in this all-hands-on-deck effort to making racing safer and more transparent. HISA will increase public confidence in one of our country's oldest sports by creating uniform anti-doping and medication control and racing operations programs that will be developed and enforced by an independent Horseracing Integrity and Safety Authority (the Authority). Breeders' Cup is proud to have played a role in this effort.”

“I'd like to thank Senate Majority Leader McConnell for diligently focusing on getting this much-needed bill included in the must-pass Omnibus Appropriations Bill,” said Stuart S. Janney, III, chairman of The Jockey Club. “Leader McConnell has been a powerful force when it comes to promoting and supporting the Thoroughbred industry in Kentucky and throughout the nation. With the passage of this bill, we restore confidence with our fans that the competition is clean, the game is fair and the horse and rider are protected.”

“We thank Senate Majority Leader Mitch McConnell for his pivotal role in the passage of the Horseracing Integrity and Safety Act (HISA) by the U.S. Senate,” said Alex Waldrop, president and CEO of the National Thoroughbred Racing Association (NTRA).“We look forward to President Trump signing the HISA into law and by doing so, commencing the establishment of an independent and well-informed central authority that will ensure the integrity of our sport and the safety of our human and equine athletes nationwide.”

“This is a monumental step forward that will help secure the future of Thoroughbred racing in the United States,” said Dave O'Rourke, president & CEO of the New York Racing Association, Inc. (NYRA). “For the first time, the sport will have a unified set of national safety and integrity standards to replace an outdated system that relied on patchwork regulation. The HISA will achieve the type of reforms long supported and advanced by NYRA, including a national approach to medication control and strongest anti-doping authority the sport has ever seen. This legislation will further modernize horseracing and arrives at a critical juncture in its history. NYRA looks forward to the work that lies ahead.”

“This is the day that the members of the Water Hay Oats Alliance (WHOA) have long been waiting for,” said Staci Hancock, managing member of the Water Hay Oats Alliance. “Since 2012 our grassroots movement has supported the passage of federal legislation to prohibit the use of performance-enhancing drugs in horseracing. The Horseracing Integrity and Safety Act (HISA) brings much needed drug and medication reform, as well as national track safety standards, to our sport. It is with great pride and complete satisfaction that WHOA celebrates the bill's passage. We thank Senate Majority Leader Mitch McConnell and House sponsors, Congressmen Andy Barr and Paul Tonko, for getting it across the finish line.”

Kitty Block, president and CEO of the Humane Society of the United States, and Sara Amundson, president of the Humane Society Legislative Fund jointly stated:

“This is a blue ribbon moment in the history of American horseracing, and this well-crafted measure sets the bar high and is a reminder that goodwill is indispensable in our politics. Working together with stakeholders to get it across the finish line, Senator McConnell and other leaders have helped to put the industry on a strong path to positive reforms. With their success in brokering an agreement with disparate stakeholders, and their dedicated work in the stretch run, Majority Leader McConnell, Sens. Kirsten Gillibrand, Dianne Feinstein and Martha McSally and Reps. Andy Barr and Paul Tonko have risen to the occasion, building a broad base of support for lasting and meaningful change.”

Additional comments from throughout the industry:

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Congressional leaders announced Sunday night that they had reached a deal on the stimulus package that included the horse racing act. It was expected to be voted on by the House of Representatives some time Monday and would then go to the Senate, which could also vote on the bill Monday. Once the bill is signed by President Trump it will become a reality.

“It’s a great day,” said Congressman Paul Tonko (D-NY), a longtime proponent of the Horseracing Integrity and Safety Act. “It’s going to save a sport, provide additional jobs and will be so respectful of the equine athletes, the jockeys and others who are involved. It begins and ends there. I am thrilled about it.”

The effort to increase attempts to end doping and to improve safety through legislation has been an on-going process that started at least six years ago and was spearheaded by Tonko (D-NY), whose district includes Saratoga, and Congressman Andy Barr (R-Ky), whose district includes Keeneland. However, the Horseracing Integrity and Safety Act appeared to be stalled until Senate Majority Leader Mitch McConnell (R-Ky) announced his support in a September press conference at Keeneland.

“It’s a great day,” said Arthur Hancock, who, along with his wife Staci, has been fighting for industry reform for nearly 30 years and formed the Water Hays Oats Alliance. “It’s hard to believe. I’m still sort of pinching myself that it is done. Leader McConnell of Kentucky has done a wonderful job and so has Andy Barr and Paul Tonko. Senator McConnell, they threw him the pass and he ran a 75-yard touchdown. I think now the horse business has a future. People will come to, hopefully, trust it again and have confidence in it. We’re going to clean out the drugs and thugs.”

The House passed a stand-alone version of the Act shortly after McConnell voiced his support, but had to vote again because the legislation was now included in a different bill. The language covering the Horse Racing Integrity and Safety Act in the spending bill is virtually identical to the bill passed by the House of Representatives in September.

“The private, independent, self-regulatory, non-profit corporation, to be known as the ‘Horseracing Integrity and Safety Authority’ is recognized for purposes of developing and implementing a horseracing anti-doping and medication control program and a racetrack safety program for covered horses, covered persons, and covered horseraces,” it reads.

“I think this will build great layers of integrity into the process, which is an important thing,” Tonko said. “There are many, many choices for sports fans these days. The sports fans are very discerning and if we are to provide a cleaner image, one that’s safer and more respectful of the equine athlete, the jockeys and all the people involved in the sport, I think it will mean a great shot in the arm for the sport.”

The bill calls for a phase-in period, with the bill going into effect July 1, 2022, at which time the “Horse Racing Integrity and Safety Authority” will be in place and responsible for “developing and implementing a horseracing anti-doping end-medication program and a racetrack safety program for covered horses…”

The “Authority” will be governed by a nine-member Board which must be put in place prior to July 1, 2022. The Federal Trade Commission will have oversight of the Authority and the United States Anti-Doping Agency will be brought in to handle drug testing and enforcement.

Where the funding will come from to pay for USADA and the Horseracing Integrity and Safety Authority remains somewhat unclear. The bill states that initial funding to establish the Authority and underwrite its operations shall be provided through loans obtained by the Authority.

The Horseracing Integrity and Safety Act had picked up widespread support in the industry. The Jockey Club was the most visible and vocal group when it came to supporting reform measures through legislation, but was joined by the Breeders’ Cup, Keeneland, Churchill Downs, the New York Racing Association, Del Mar, The Stronach Group, as well as other influential racing organizations.

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The new federal legislation being rushed through Congress will have a positive effect on the racing industry by mandating uniform and expanded anti-doping and medication policies, but it may have a devastating negative affect if the unknown costs force smaller and midsized racetracks, owners, trainers, and breeders out of business, according to an analysis prepared for the Association of Racing Commissioners International (ARCI).

“S.4547 is better than the previous proposal in some ways, but concerns still exist as to whether it actually goes far enough to protect and regulate the care given young horses,” RCI President Ed Martin said, noting that the ARCI has not taken a position on the McConnell bill and is unsure if it will given reports that it may be a “done deal”.

The purpose of the analysis is to highlight changes that need to be understood early in order for there to be a smooth transition, Martin said. “This is enormous and I am not sure everyone understands how this might play out, especially given the fact that costs have not been explained, only how they are to be collected.”

US State Racing Commissions spend upwards of $21 million each year on the drug testing program. The analysis raises the possibility that some State Budget Offices and Legislatures may opt to shift that money to other state needs by handing off their programs to newly formed Horseracing Integrity and Safety Authority (HISA), which can independently tax racetracks, breeders, owners, trainers and veterinarians for program costs.

Under this scenario there is a real risk that racing industry interests may end up paying twice as the prospects for an industry specific tax cut to prevent that in most states may prove elusive.

Thirty Five Racing Venues in 19 States Put on “Watch List”

The analysis puts over thirty five racing venues in nineteen US States on a “watch list” based on concerns about the overall economics of racing and their ability to absorb undefined new mandated costs anticipated to be imposed by enactment of S.4547.

An inability or failure to absorb additional costs of doing business may force hard decisions by the ownership of these entities which may impact the extent or continuation of racing activity. Racing commissions and policy makers are being urged to work with these entities to clearly understand the legislation's impact locally.

“The sponsors and proponents of this legislation need to release detailed cost estimates for various scenarios for individual states,” Martin said. “I am shocked that Members of Congress would actually pass this bill without knowing the impact locally.”

 Impact on Investigations and Involvement of Federal entities

There is a widespread impression that the newly formed Horseracing Integrity and Safety Authority (HISA) will have new investigatory powers beyond those that currently exist for the State Racing Commissions. S.4547 does not grant any expanded authority to the new entity.

“The recent federal indictments like those before them were the result of multi-agency cooperation where the work of state racing commissions were built upon and expanded by the reach of a federal law enforcement agency using federal wiretaps or other tools reserved for law enforcement,” Martin said. This bill does not give HISA racing investigators law enforcement status.

The bill also fails to include a proposal made by the ARCI at hearings on the previous Horse Racing Integrity Act to create designated desks in key federal agencies – the Department of Justice, the Federal Bureau of Investigation, Drug Enforcement Agency, and the Food and Drug Administration – to assist racing investigators and work to facilitate the involvement of federal law enforcement or regulators in pursuing racing related cases.

Other Key Changes

The analysis underscores additional changes:

• • Creation of a uniform point of equine regulation beginning with the first timed workout for each covered horse;
  • The HISA would have broad authority to regulate and control the administration of all medications given a “Covered Horse”;
  • Inclusion of Breeders as a source of regulatory fees to help pay for the new program;
  • Apparent less transparency than exists under the current system as current Open Meetings, Public Records Access, State Ethics laws, and independent audit and investigation of the regulatory entity have not been addressed;
  • Consistent testing thresholds for all laboratories;
  • A shift of the testing laboratory accreditation program away from the Racing Medication and Testing Consortium to the HISA
  • Language to limit the direct participation by the existing network of expertise currently relied upon by the State Regulators and racing industry at large.

 Anyone interested in receiving a copy of the analysis should request one by emailing info@arci.com or using the Download Link Here.

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