Op/Ed: A Critical Step Forward for the Sport

When 27 individuals were indicted in March by federal authorities for their alleged involvement in a wide-spread doping scheme the story was about more than Jason Servis or Jorge Navarro or the cocktails of performance-enhancing drugs they were charged with using on their horses. It was about a system that was so hopelessly broken and incapable of effectively policing the sport that it took the federal government to come in and do what racing had continually failed to do–take meaningful steps to clean up the game.

There had to be a better way.

Monday, Senate Majority Leader Mitch McConnell, surrounded by industry leaders and Congressman Andy Barr, provided just that. The McConnell bill, the Horseracing Integrity and Safety Act, may not be perfect, but is a vast improvement on what we have now. Passage of the bill would mean the dismantling of a system that involves 38 racing commissions, 38 sets of rules and a long history of getting nothing done and replace it with something that promises to combat the sport’s real problems.

“As I have said many times, this legislative effort is not about more regulation it is about creating a single nationwide set of rules that will result in smarter, more effective and streamlined regulation for the industry,” said Barr, whose district includes Lexington.

It was ironic that McConnell is now the white knight who has come in to save the sport from itself after it was long felt that he was the primary reason previous legislation, the Horseracing Integrity Act, seemed destined to go nowhere. The story was that Churchill Downs Inc. (CDI) didn’t want that bill passed and McConnell had promised them to stand in its way. Yet, CDI CEO Bill Carstanjen was among those who spoke out at Keeneland Monday in favor of McConnell’s initiative.

It’s unclear why there was an apparent change of heart somewhere, but it doesn’t really matter. With McConnell behind what is bipartisan legislation and with Barr taking up the cause in the House of Representatives, this bill is likely to sail through. For that to happen would mark major, long overdo and very necessary change for an industry where nothing substantive ever seems to get accomplished.

The Horseracing Integrity and Safety Act and the creation of the Horseracing Integrity and Safety Authority is about more than just doping. It recognizes the very important challenges that must be tackled when it comes to making the sport as safe as possible and keeping racing’s harshest critics off its back.

But it is the ugly issue of doping that this initiative holds the greatest promise. Servis, Navarro and others may be headed to prison and will likely never train a race horse again, but everyone knows that there are many bad apples still out there and that the FBI and Department of Justice will soon move on from horse racing and leave the job of regulating the sport to the racing commissions and the labs that never seem to catch anybody.

McConnell noted that he was  moved to act after the Washington Post reacted to the indictments by running an editorial calling for the sport to be abolished. He understood the power of those words.

“When I saw in the Washington Post, of all places, an editorial saying Thoroughbred horse racing should be abolished, I gasped,” McConnell said. “When I got past the initial shock of it, I thought it might be a good time to talk to all the various players and see one more time if it were possible for all of us to get together.”

Under the Horseracing Integrity and Safety Act, the job of catching the bad guys will be turned over to the United States Anti-Doping Agency (USADA). Having, among other things, brought down Lance Armstrong, USADA has an impressive record of policing the sports that have called on the agency. USADA not only has a will to clean up the sport, it has more tools at its disposal than a state racing commission could ever have and promises to dramatically increase the number of out-of-competition tests that will be performed.

After the indictments were announced in March, USADA CEO Travis Tygart repeated what has become a familiar argument.

“With the horse racing industry at a crossroads, the right thing to do is to remove the fox from guarding the henhouse and ensure there is an independent anti-doping body in place to protect the integrity of the sport and the safety of the horses,” he said in a statement.

Monday’s announcement left many questions unanswered, most notably who will pay for the costs, which include USADA, that passage of the bill will involve. For now, we have to trust that racing’s stewards will be able to figure that out. And the sport still awaits an answer on whether or not this legislation might mean a complete ban of Lasix.

So far as the bigger picture goes, those are not major issues. This is about tearing down a system that has failed miserably and replacing it with something that promises to take the sport in another direction. Racing will never be perfect. Horses will always break down and have to be euthanized and you are never going to stop people from cheating. But racing can and must do better. Passage of the Horseracing Integrity and Safety Act is its best chance to do just that.

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McConnell Announces Horseracing Integrity And Safety Act, New Independent Regulatory Authority

U.S. Senate Majority Leader Mitch McConnell (R-KY) announced Monday at a press conference in Lexington, the Horse Capital of the World, his plans to introduce legislation in the U.S. Senate to help set national standards to promote fairness, increase safety, and help preserve Thoroughbred racing. The McConnell bill, the Horseracing Integrity and Safety Act, will be introduced in September following the state-work-period. U.S. Congressman Andy Barr (KY-06) will introduce the companion legislation in the U.S. House of Representatives.

Because of Kentucky's leading role in this sport, Senator McConnell brought Keeneland, Churchill Downs, Breeders' Cup, The Jockey Club, and other industry leaders together earlier this year to develop a solution to the challenges facing horse racing. A number of them joined Senator McConnell and Congressman Barr for today's major announcement: Keeneland President & CEO Bill Thomason, Keeneland President & CEO-Elect Shannon Arvin, Churchill Downs Incorporated CEO William “Bill” C. Carstanjen, Breeders' Cup President & CEO Drew Fleming, and The Jockey Club Vice Chairman William “Bill” M. Lear Jr.

“I'm proud to be joined by prominent horse racing leaders in Kentucky as they take the courageous step to increase nationwide safety standards for horses, jockeys, trainers, breeders, and fans. I'm grateful to Congressman Andy Barr for his strong leadership on this important issue,” said Senator McConnell.

Also announced today was the launch of the Horseracing Integrity and Safety Authority, which will be an independent, non-governmental regulatory body responsible for improving current regulations bringing a new level of transparency. This Authority will also address medication use, track conditions and other safety standards to protect equine athletes. Senator McConnell's Horseracing Integrity and Safety Act will provide federal recognition and enforcement power for the Horseracing Integrity and Safety Authority to develop uniform, baseline standards for horse racing.

“Kentucky is proud of our distinct horse racing traditions. We must address the challenges the sport faces so we can preserve our heritage and the jobs of over 24,000 Kentuckians who support it,” said Senator McConnell. “As Senate Majority Leader, I look forward to working with Congressman Barr and our colleagues across the aisle on our legislation to give federal recognition to the Horseracing Integrity and Safety Authority. Together, we can better protect every competitor and give each of them a fair shot at the Winner's Circle.”

Congressman Barr said, “Today's announcement is the culmination of years of work and negotiation to develop uniform racing standards under one independent regulatory body. The future of the sport depends on fair competition, a level playing field across state lines, as well as the safety and welfare of our equine and human athletes. Now is the time for the horse racing industry to embrace change that will attract a new generation of fans and solidify the future of this special sport. I want to thank Leader McConnell for his partnership on this effort and I look forward to moving this legislation across the finish line.”

“This groundbreaking legislation and the collaborative effort behind it speaks to the commitment those of us in the Thoroughbred industry have to establish uniform safety and integrity standards across the U.S. and bring American racing in line with international guidelines,” Keeneland President and CEO Bill Thomason said. “We applaud the leadership of Senator McConnell and Congressman Barr, who share our passion for horse racing and a dedication to strengthening the future of this great sport.”

Churchill Downs Incorporated CEO William “Bill” C. Carstanjen said, “It is critical to the future of Thoroughbred racing that the safety and integrity of our sport be governed by world-class, uniform standards across the United States. The leadership of Senator McConnell and Congressman Barr has been instrumental in our shared goal of bringing the Thoroughbred industry together to achieve this goal.”

“This legislation gives us an opportunity to make the single most significant and far-reaching safety and integrity enhancement in the history of Thoroughbred racing by bringing our sport into the 21st century and protecting its future for generations to come,” said Drew Fleming, President and CEO of Breeders' Cup Limited. “While there is more work to do both in Congress and in the racing community, we are now on the path to a safer and more transparent sport thanks to Senator McConnell's leadership and ability to bring people together around this important non-partisan issue. It has been a privilege to work with Congressman Andy Barr, my Chairman Fred Hertrich and my trusted counterparts at Churchill Downs and The Jockey Club, among many others, to contribute to this initiative for the betterment of our industry.”

“The Jockey Club has long pursued a collaborative solution within our industry to establish national reforms ensuring clean competition and improved safety for horses and humans alike. We express our sincere thanks to Senate Majority Leader Mitch McConnell and organizations such as Breeders' Cup, Churchill Downs Inc., Keeneland, New York Racing Association, and The Stronach Group for working so closely with us on this legislation,” said Stuart S. Janney III, Chairman, The Jockey Club. “We strongly believe that the Horseracing Integrity and Safety Act is vital to developing uniform and effective medication and safety regulations that will enhance the integrity and safety of American horse racing and improve the sport.”

The Jockey Club Chairman continued, “We also applaud Reps. Paul Tonko (D-NY) and Andy Barr (R-KY) and Sens. Kirsten Gillibrand (D-NY) and Martha McSally (R-AZ) for their support and devotion to horse racing and for introducing the original bill into the House and Senate. We will continue to work closely with Congressional co-sponsors, industry stakeholders and animal welfare organizations in our pursuit of national, uniform standards for drugs, medication, and safety in horse racing.”

“Without federal legislation mandating that USADA enact 'clean' drug rules, reliable testing, qualified labs and strict penalties for violators, the sport of American horse racing faces an uncertain future,” said Staci Hancock, Managing Member of the Water Hay Oats Alliance. “With Senator McConnell's leadership and the continued efforts of Representatives Andy Barr and Paul Tonko in the House, WHOA's members look forward to the day when our great sport can rebuild its reputation, protect our beloved horses and their jockeys, and reclaim racing's place as one of America's top spectator sports.”

Kitty Block, CEO of the Humane Society of the United States, said, “Senate Majority Leader McConnell has stepped up to end widespread doping in American horse racing and to address racetrack safety, the key contributing factors to fatalities on American racetracks. We cannot continue to look the other way when a racehorse is severely injured or killed during training or a race. This measure will advance necessary reforms that will make or break horse racing in the United States.”

In reaction to the news Monday, the New York Thoroughbred Horsemen's Association distributed the following statement:

“Horsemen should view today's developments with the Horse Racing Integrity and Safety Act with hope,” said NYTHA president Joe Appelbaum. “It's been clear for a generation that a systematic approach to equine welfare is needed and this effort is a big step in that direction. The broad changes proposed today by Senator McConnell are a significant improvement on previous drafts of legislation and I'd like to personally commend the industry participants for working together to overcome their differences.

“The real work starts now, as we will need to not only pass this legislation but actually implement its proposals. NYTHA looks forward to working with all parties to ensure that horse racing has a worthy system ensuring the safety of our equine athletes and a level playing field. Our primary stakeholders, horsemen and bettors, deserve nothing less.

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Officials Announce the Horseracing Integrity and Safety Authority; Horseracing Integrity Act to Be Introduced in Senate

Backed by the political clout of United States Senate Majority Leader Mitch McConnell (R-KY), proponents of a federal bill mandating an independent anti-doping and medication control program for horse racing announced at an Aug. 31 press conference at Keeneland that a retooled version of the framework of legislation that has existed since 2015 will be introduced in the Senate in September by McConnell himself.

Backers of the bill spoke Monday of newfound compromise and consensus among the sport’s stakeholders that they said would help to usher the Horseracing Integrity and Safety Act (HSIA) to passage. They also outlined how a nine-member oversight board known as the Horseracing Integrity and Safety Authority would craft the new program, and how that Authority would contract with the United States Anti-Doping Agency (USADA) to manage and administer the new set of rules. A fresh component that would also cover racetrack safety standards will also be written into McConnell’s new version of the bill.

But more questions than answers were raised by the half-hour media event. There was no discussion of how this new Authority would be funded, and there was zero mention of the contentious topic of race-day medication (specifically Lasix), the prohibition of which has been a difficult sticking point in previous versions of the bill.

Although a representative from Churchill Downs, Inc. (CDI), was on the sales pavilion stage with the bill’s proponents and the Horsemen’s Benevolent and Protective Association (HBPA) was mentioned as a supporter two minutes before the press conference ended, there was no discussion about what tradeoffs had been made to gain the favor of those two entities, both of which had previously not supported federally mandated oversight of the sport.

In addition, the post-conference question-and-answer session with reporters was not made available to journalists working off the internet stream. TDN emailed McConnell’s media liaison three brief follow-up questions about funding, the status of race-day medication, and how the compromises with non-supporters came about. A spokesperson replied without addressing the questions, writing instead that “I will make sure you’re updated with more info when the Senator’s bill is introduced!”

The Blood-Horse subsequently reported that the new bill would still outlaw the use of race-day Lasix, but that states would be allowed to request a three-year waiver for some exceptions. TDN could not independently verify this aspect of the legislation.

McConnell, who is running for reelection to a seventh term, began the introduction of his bill by saying he decided to get involved in the crafting of federal horse racing legislation after reading that the Washington Post had editorialized banning the sport outright.

“We’ve seen painful tragedies on the track in recent years. Doping scandals have rocked the horse racing community,” McConnell said. “These challenges pose a threat, not only to this industry, but also to the 24,000 Kentuckians who work in it…. If we want to preserve horse racing and its future, we [need] to act.”

McConnell said his bill, which is expected to be introduced sometime after the current Congressional break that extends through Labor Day, will give federal recognition and enforcement responsibility for the Authority “to develop uniform, baseline standards. With the weight of the federal government behind the [Authority] we can improve current regulations. We can better protect every competitor and give each of them a fair shot at the winner’s circle.

“I’ve had some preliminary discussions with [Democratic Senator] Dianne Feinstein from California, who’s had an ongoing concern about this and an interest in it,” McConnell continued. “We anticipate we will have bipartisan support. This is not a particularly bipartisan place we’re in right now in Congress, as you may have noticed. But we are hopeful that a subject like this can overcome the partisanship that’s pretty much been on full display as we get closer and closer to the election.”

U.S. Representative Andy Barr (R-KY), who co-chairs the Congressional Horse Caucus and has co-sponsored three previous versions of the Horseracing Integrity Act (2015, 2017, 2019), said that he plans to support an amendment to his existing piece of legislation that is still active in the House “to bring it into mirror-image conformity” with McConnell’s proposed version.

“The consensus we are here to announce and celebrate today not only accelerates our momentum, it is propelling us down the home stretch,” Barr said. “And I’m confident it will advance the safety, integrity, and international competitiveness of American horse racing.”

McConnell’s version, Barr said, “materially improves our bill by adding a focus on track surface safety, and by making reasonable changes that have enabled us to enlarge our coalition of support and bring more organizations with the industry together in support of our legislation…. As I’ve said many times, this legislation is not about more regulation. It is about creating a single, nationwide set of rules that will result in smarter, more effective, streamlined regulation for the industry.”

Barr said the previous three versions of the Integrity Act that he championed served to aid in “educating members [of Congress] about the industry and persuaded our colleagues that horse racing is a matter of interstate commerce, and that Congress has the constitutional authority to regulate it.”

Barr thanked Churchill Downs for working with his coalition and “joining the cause,” and he praised the HBPA for sharing an “influential voice in support of this legislation.”

But Barr did not elaborate on what those “reasonable changes” were that won over those two opponents. And Eric Hamelback, the HBPA’s national chief executive, did not return a voicemail request for comment left by TDN prior to deadline for this story.

CDI chief executive Bill Carstanjen, who as recently as last October said he had “serious concerns” about the Integrity Act and did not think federal legislation was “practical, reasonable, or imminent,” on Monday spoke in favor of McConnell’s forthcoming version of the bill.

“The crux of the bill is that this new entity, the Authority, will have jurisdiction over the design, implementation and enforcement of anti-doping and medication controls, as well as racetrack safety protocols,” Carstanjen said. “With respect to the anti-doping and medication control program, the Authority will contract with the United States Anti-Doping Agency (USADA) for their services in managing and administering the program developed by the authority. The Authority may also contract with state racing commissions, as it makes sense both with respect to the medication and control program and racetrack safety program.”

Bill Lear Jr., the vice chair of The Jockey Club, detailed how a “blue-ribbon panel” would choose an “independent board” that would, in turn, govern the Authority.

That independent board, Lear said, will be primarily comprised by people outside the industry, and it will be “supported by two substantive standing committees” (one for medication and anti-doping, another for track safety). A third standing committee, he explained, will evolve out of the blue-ribbon panel into a “permanent nominating committee to ensure that we always have top-quality people, the kind we would want to regulate the industry, all with no conflicts.”

The enforcement entity will be USADA, Lear said, adding that “the hallmark of this entire program will be independence, industry expertise, and effective enforcement.”

 

Following McConnell’s introduction of the Horseracing Integrity and Safety Act in Lexington, Monday,  industry groups and legislators released statements in support of the bill. Their statements follow.

NYRA President and CEO Dave O’Rourke:

“NYRA has long supported a national approach to medication control and anti-doping across the sport of horse racing. The safety and welfare of the athletes competing at NYRA tracks is our highest priority, which is why NYRA supports the Horseracing Integrity and Safety Act and urges quick consideration by Congress.

“NYRA is committed to providing the safest possible environment for racing and training by adopting and implementing the best proven safety practices in consultation with independent experts, veterinarians, horsemen and regulators.”

For additional information on NYRA’s industry leading commitment to safety, visit https://www.nyrainc.com/about/nyra-safety.

Craig Fravel, Chief Executive Officer of The Stronach Group’s 1/ST RACING

“1/ST RACING is committed to achieving the highest level of horse care and safety standards in Thoroughbred racing and we strongly urge Congress to consider the adoption of The Horseracing Integrity and Safety Act that will introduce national policies to control medication and regulate anti-doping in the sport of horseracing.

At 1/ST RACING our priority is to ensure the safety of our horses and riders and we believe that the investment into equine health and safety is not only the right thing to do, it is crucial to the future of Thoroughbred horseracing. The Horseracing Integrity and Safety Act recognizes that industry stakeholders including the owners, trainers, breeders, jockeys, and racetrack operators must be unified toward a new standard of equine health, safety and welfare.”

Joe Appelbaum, President of the New York Thoroughbred Horsemen’s Association

“Horsemen should view today’s developments with the Horse Racing Integrity and Safety Act with hope. It’s been clear for a generation that a systematic approach to equine welfare is needed and this effort is a big step in that direction. The broad changes proposed today by Senator McConnell are a significant improvement on previous drafts of legislation and I’d like to personally commend the industry participants for working together to overcome their differences.

The real work starts now, as we will need to not only pass this legislation, but actually implement its proposals. NYTHA looks forward to working with all parties to ensure that horse racing has a worthy system ensuring the safety of our equine athletes and a level playing field. Our primary stakeholders, horsemen and bettors, deserve nothing less.”

Representative Paul D. Tonko (D-NY)

“For nearly six years now, I have led a broad, bipartisan campaign to bring America’s sport of kings into the modern age, including common sense measures to protect our equine athletes and bring greater integrity to the sport of horseracing. Today’s announcement of legislation to be introduced in the Senate means, after all this time, we are rounding the final turn. With the support of Senate Majority Leader McConnell and Churchill Downs, I am confident that this compromise legislation will unite all who are interested in building a strong foundation and a prosperous future for this noble sport. I look forward to advancing this legislation in the House as an amended form of our Horseracing Integrity Act before the end of the year.”

 

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