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What Happens Next? Interstate Horseracing Integrity And Safety Act FAQs

With Monday's late-night passage of the Horseracing Integrity and Safety Act as part of an omnibus government spending bill, there are many questions about when the newly created Horseracing Integrity and Safety Authority will begin to take shape and begin its national oversight of medication policies and safety standards for the sport, how it will be governed, and what it will cost.

To get answers to some of the most frequently asked questions, we went to Marc Summers, vice president and general counsel for The Jockey Club, which helped steer the legislation through the United States House of Representatives and Senate.

When will the Authority be operational?
By law, the latest it can go into effect is July 1, 2022, and it could be much earlier than that. The Federal Trade Commission (FTC) will first have to approve the anti-doping and medication control program and racetrack safety program. The FTC will review programs developed by the Authority, allow for public comment, and once approved it will go into effect.

Once President Trump signs the legislation, what happens next?
The key will be for the previously established nominating committee to continue their work, looking at all suggestions received from the industry and public about who should fill the nine positions on the Authority board of directors. Five of the board members will fill independent seats, with four seats to be filled by industry representatives – from among owners, breeders, trainers, racetracks, veterinarians, state racing commissions and jockeys. No more than one from each equine constituency group is permitted on the board at any time. Industry representatives on the board may not currently serve as an official or officer with an of equine industry representative group or have a financial interest in, or provide goods and services to, covered horses.

The board chairman shall be an independent member.

Two standing committees – an anti-doping and medication control committee and a racetrack safety committee – will also be appointed with four independent members and three industry members. The chair of the anti-doping and medication control committee shall be an independent member and the chair of the safety committee shall be an industry member.

How soon could the board and committee members be in place?
Summers said he is not counsel to the Authority but understands the nominating committee may have a board in place during the first quarter of 2021, with committee memberships to follow.

When and how does the United States Anti-Doping Agency (USADA) come into play?
USADA is identified within the bill as the anti-doping and medication control enforcement entity. What will get them directly involved is execution of an agreement between the Authority and USADA, but the Authority's board will have to be in place before that happens.

When will it be determined exactly what the cost will be to racing participants?
That's going to evolve. There will be an initial budget for the Authority covering 2021. But until the anti-doping and medication control and racetrack safety programs go live, the Authority will not be assessing the states. More will be known early in 2022.

There is a misconception that the Authority's cost will be allocated to individual members on a per-start basis. That is not true. Budgets will be allocated to individual states based upon the total anticipated number of starts in that state for the succeeding year, and it will be up to each state to determine how the money will be raised and whether a per-start fee or some other form of calculation will be used.

Will riding crop rules fall under the safety aspect of the Authority? What other activities would the Authority regulate?
Riding crop rules would fall within this in that it involves in-race and workout safety. There also may be some rules regarding racetrack surfaces, pre-race vet exams and such.

What opportunities are there for horsemen to have input with the Authority
Enshrined in the HISA, when the Authority has proposed rules, they go to the FTC for approval, and there is a requirement for public comment. Furthermore, the HISA allows for horsemen to be on the Authority's board and representatives from horsemen's groups can also serve on the Authority's standing committees.

What will happen to existing state racing commissions?
By the language in the statute, the racing commission rules with regard to anti-doping medication control and racetrack safety will be pre-empted. Commissions do significantly more than that, including licensing, establishing and overseeing rules of racing, overseeing operation of stewards and variety of other activities. This will lighten the load on commissions and allow them to focus on those other areas. Also, the HISA expressly contemplates that USADA and the Authority may work with state racing commissions in implementing the Authority's programs. We can anticipate seeing many states playing a significant role in boots-on-the ground anti-doping activities such as sample collections and investigations.

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‘A Pivotal Moment’: Industry Leaders Applaud Passage Of Horseracing Integrity And Safety Act

The following was issued by the office of Senate Majority Leader Mitch McConnell.

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^thKentucky 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:

The Kentucky Equine Education Project (KEEP) applauds the United State Congress for including the Horseracing Integrity and Safety Act in the FY 2021 omnibus spending bill that was passed by Congress tonight.

KEEP is thankful for Senator Mitch McConnell and Representative Andy Barr's longtime leadership on this issue. Additionally, KEEP is grateful for Representatives James Comer, Brett Guthrie, Hal Rogers, and John Yarmuth's cosponsorship of the House of Representatives' version of the Horseracing Integrity and Safety Act.

Elisabeth Jensen, KEEP's Executive Vice President who oversees the daily operations of the organization, commented, “KEEP has been at the forefront of the industry in calling for uniform safety standards. This legislation is critical for Kentucky's signature industry and we are thankful to the Commonwealth's members of Congress who championed this issue. We look forward to working with our industry partners in the implementation of these new safety standards.”

The post ‘A Pivotal Moment’: Industry Leaders Applaud Passage Of Horseracing Integrity And Safety Act appeared first on Horse Racing News | Paulick Report.

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View From the Eighth Pole: Truth Or Consequences

I've been observing the “lads” at Coolmore Stud in Ireland and at their Kentucky farm, Ashford, for more than 30 years. They have revolutionized the bloodstock world, maximized stallion revenue, and elevated customer service and marketing.

Through early identification and acquisition of promising stud prospects, embracing large books for their stallions (including no small number of their own mares), and shuttling them to Australia or South America for dual hemisphere breeding seasons, Coolmore and Ashford can “get out” financially on many of these horses before their first foals hit the racetrack.

In a business where nine out of 10 new stallions will fail to sustain or increase their initial value, it's highly advantageous for a stud farm to break even or show a modest profit before the marketplace has a chance to see whether or not a horse's offspring can run.

Yet the lads aren't perfect. No one is.

I was reminded of that when I saw their recent advertisement for first-year stallion Maximum Security. It was, without a doubt, the most unconventional stallion ad I've ever seen.

Under the banner, “MAXIMUM SECURITY – the facts,” the ad began normally enough, citing races won, achievements, and awards.

Then it gets weird. Bullet point No. 12 in the ad states: “NEVER TESTED POSITIVE for an illegal or prohibited substance during his career despite comprehensive testing at the world's best laboratories.”

That statement is true (though I might disagree that post-race testing for all of his races was done at “the world's best laboratories.”). But let's remember how many times cheating cyclist Lance Armstrong said he'd never failed a drug test: “Twenty-plus-year career, 500 drug controls worldwide, in and out of competition. Never a failed test. I rest my case,” he said in May 2011, a little more than a year before he was stripped of his seven Tour de France titles because of doping.

But wait, there's more.

In addition to a complimentary quote from Bob Baffert, who trained Maximum Security for the second half of his 4-year-old campaign in 2020, there is this closing argument: “MAXIMUM SECURITY is a bona fine CHAMPION that raced on water, hay, oats & fresh air!”

Everyone knows what this is about.

Less than three months after the announcement that Coolmore had purchased a significant share in the racing and breeding interests of Maximum Security – who was voted an Eclipse Award winner as outstanding 3-year-old male of 2019 – the colt's trainer, Jason Servis was among those rounded up and arrested by the FBI as part of a broad multi-year investigation into doping of racehorses in the United States.

The indictment states that Servis and co-conspirators “concealed the administration of PEDs from federal and state government agencies, racing officials, and the betting public by, among other things, concealing and covertly transporting PEDs between barns where Servis' racehorses were stabled, falsifying veterinary bills to conceal the administration of SGF-1000, and using fake prescriptions.”

Even worse, there were specific references to Maximum Security in the March charging document and the superseding indictment filed Nov. 5.

“Jason Servis, the defendant, was the trainer for a particularly successful racehorse, 'Maximum Security,' that briefly placed first at the Kentucky Derby on May 4, 2019, before racing officials disqualified the horse for interference,” the superseding indictment states.

“Following the Kentucky Derby,” it continues, “Maximum Security continued to compete in high-profile races, including in Oceanport, New Jersey. Servis worked with (veterinarians) Kristian Rhein and Alexander Chan, the defendants, among others, to procure and administer adulterated and misbranded PEDs, including the adulterated and misbranded PED SGF-1000 and invalidly administered Clenbuterol, for the purpose of doping several racehorses under Servis' control, including Maximum Security.”

The FBI intercepted a March 5, 2019, phone call between Servis and co-defendant Jorge Navarro in which Servis is heard recommending SGF-1000 to Navarro, adding, “I've been using it on everything almost.” Navarro allegedly admitted also giving SGF-1000 to some of his horses, then ended the call, saying: “I don't want to talk about this shit on the phone, OK.”

The indictment states that SGF-1000 is a “customized PED purportedly containing 'growth factors,' including fibroblast growth factor and heptocyte growth factor, which are intended to promote tissue repair and increase a racehorse's stamina and endurance beyond its natural capability.”

So it appears, based on the indictment, that Maximum Security was getting a little something more than the “water, hay, oats, and fresh air” claim in the ad.

No one is suggesting original owners Gary and Mary West or the Coolmore partners who bought into the horse had any knowledge of what is documented in the indictment.

The Maximum Security ad also includes an excerpt from a story in the Thoroughbred Daily News stating Servis may have been buying “some fake PEDs” from Chan and Rhein, based on comments from prosecutors at a pre-trial hearing.

The arrest of Servis came just over a week after Maximum Security had won the inaugural running of the $20-million Saudi Cup. The Saudis have yet to pay the purse money, pending the outcome of what they said is their own investigation into Servis. More likely, they're waiting to see what happens in court.

That could take a while. There is another pre-trial conference scheduled on May 14, 2021.

Maximum Security did win two of his four post-Servis starts while trained by Baffert, including the G1 Pacific Classic at Del Mar. He was retired following a fifth-place performance in the G1 Breeders' Cup Classic at Keeneland, finishing behind two Baffert barnmates – winner Authentic and runner-up Improbable – Global Campaign, and Tacitus. He beat race favorite Tiz the Law.

I'm not going to knock Maximum Security, who could turn out to be a great success at stud. As the late Hall of Fame trainer Charlie Whittingham is often quoted as saying, “Never say anything bad about a horse until he's been dead at least 10 years.”

But we know from other sports that suspected cheating has consequences. Barry Bonds, Major League Baseball's all-time leading home run hitter and single-season record holder, has been shut out of the Baseball Hall of Fame. So, too, have Roger Clemens, Sammy Sosa, and Mark McGwire, all with Hall of Fame qualifications but accused of using steroids. None failed a drug test.

Servis (and by way of extension Maximum Security) is innocent until proven guilty, but the charges against him and the others named in the case are serious. If Servis is found guilty, no amount of spin is going to chase the dark clouds away from his most accomplished horse.

That's my view from the eighth pole.

The post View From the Eighth Pole: Truth Or Consequences appeared first on Horse Racing News | Paulick Report.

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Updated: Horseracing Safety And Integrity Act Attached To Federal Spending Bill Expected To Pass Monday Night

The Horseracing Safety and Integrity Act, appearing as an attachment to massive a federal spending bill, was passed by the U.S. House on Monday evening and will now head to the Senate, which is expected to approve the bill.

The text of the $1.4 trillion federal spending bill was released on Monday afternoon, paired with a $900 billion coronavirus relief package, reports CBSnews.com. Included in the 5,593-page legislation is the Horseracing Safety and Integrity Act, as Section FF, Title XII, commencing on page 5,488 of the bill.

The full text is available here.

Temporary federal funding measures passed this weekend only extend the government's funding through Monday night, and news outlets reported that the Senate's vote was expected to drag on late into Monday night.

The Horseracing Integrity and Safety Act would designate the Horseracing Integrity and Safety Authority to design and implement uniform national horse racing medication and racetrack safety standards, overseen by the Federal Trade Commission with the enforcement of the U.S. Anti-Doping Agency.

For more information about the Horseracing Integrity and Safety Act, the Paulick Report archive including the bill's history, op/eds, and analyses is available here.