The passage of the bill was a a bipartisan effort led by Congressmen Paul Tonko (D-NY) and Andy Barr (R-KY) and Senate Majority Leader Mitch McConnell (R-KY).

“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,” McConnell said in a statement. “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.”

Barr said, “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. 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.”

“It’s a great day,” Tonko said. “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 push to have the Act passed was led by The Jockey Club and was joined by several major racetracks and organizations. The list includes the Breeders’ Cup, the NTRA, Keeneland, Churchill Downs, the New York Racing Association, Del Mar, The Stronach Group and the Water Hay Oats Alliance.

“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.”

The bill calls for a phase-in period and will not take effect until 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 Horse Racing Integrity and Safety Act means sweeping changes for a sport that has been rocked by recent doping scandals and has come under fire from animal rights activists and media outlets over equine fatalities on the racetrack. Once the Act goes into effect, drug testing and the policing of the sport will be turned over from the individual state racing commissions to the United States Anti-Doping Agency (USADA). USADA has an impressive track record and it is widely believed that it will be more effective in catching and punishing cheaters than the current system. All medication and safety rules will be standardized nationwide.

“People will come to, hopefully, trust [the sport] again and have confidence in it,” said Arthur Hancock, who, along with his wife Staci, has been a leading voice for the Horseracing Integrity and Safety Act. “We’re going to clean out the drugs and thugs.”

“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 the strongest anti-doping authority the sport has ever seen.”

The bill was originally introduced six years ago by Tonko and Barr, but seemed to be going nowhere in Congress. That all changed when McConnell announced his support in an Aug. 31 press conference held at Keeneland. Shortly thereafter, a stand-alone bill was passed in the House, but had not come up in the Senate until Monday’s vote.

The language covering the Act takes up 64 pages in the omnibus bill, but leaves some questions unanswered. In particular, 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 funding will eventually have to come from the states, but it is not known how they will raise the money.

The “Authority” will be governed by a nine-member Board which must be put in place prior to July 1, 2022.

Industry Leaders Respond to HISA Passage:

Drew Fleming, President and CEO of Breeders’ Cup
“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. 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.”

Alex Waldrop, President and CEO of National Thoroughbred Racing Association

“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. 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.”

Bill Carstanjen, CEO of Churchill Downs Inc.

“Senator McConnell’s leadership has been critical in bringing the Thoroughbred industry together and prioritizing the passage of the Horseracing Integrity and Safety Act. 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.”

Keeneland President and CEO Bill Thomason and Keeneland President-Elect Shannon Arvin

“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 workto develop and implement uniform anti-doping, medication control and operational measures. Keeneland is honored to have been involved in this ground-breaking legislation.”

James L. Gagliano, President and COO, The Jockey Club

“As the enforcement agency for drug testing and medication policy for the U.S. Olympic team and other major sports, USADA is ideally suited to work with the Horseracing Integrity and Safety Authority. USADA and the Authority will ensure rigorous race-day and out-of-competition testing and modernize the regulation of Thoroughbred racing in the U.S. This would not have been possible without the outstanding support we received from the original members of the Coalition for Horse Racing Integrity, many of the prominent organizations in Thoroughbred racing, the leaders in the Standardbred industry, in particular Jeff Gural of the Meadowlands, and the numerous animal welfare groups that rallied their members to voice support for HISA.”

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

“Horsemen should view Monday’s passage of the Horseracing Integrity and Safety Act with hope. It’s been clear for a generation that a systematic approach to equine welfare and competitive integrity is needed and the passage of HISA is the first step in that direction.

The real work starts now, as the Authority has a mere 18 months to flesh out the legislative framework. NYTHA looks forward to working with the Authority to ensure that horse racing has an effective system ensuring the safety of our equine athletes and a level playing field for all participants.”

Coalition for Horse Racing Integrity

“The Coalition for Horse Racing Integrity (CHRI) strongly applauds Majority Leader Mitch McConnell (R-KY) for attaching the Horseracing Integrity and Safety Act (HISA) to the must-pass omnibus appropriations bill that was just agreed to by House and Senate leadership. After five years, it is very gratifying to see Congress embrace this bipartisan legislation that is critical for the health of equine athletes and for the future of horse racing. We want to thank all the members of the coalition for the patience and perseverance in this five-year effort. It took their willingness to craft a bill that industry and animal welfare groups alike could support and have the determination to see it through. This is a great day for racing and our equine athletes.”

Alan Foreman, Chairman, Thoroughbred Horsemen’s Association

“The passage of the Horseracing Integrity and Safety Act is the culmination of a collective effort of liked-minded industry organizations who fostered compromises in an effort to achieve uniform and necessary mandated medication, testing and safety standards to protect the health, safety and welfare of our horses and maintain the integrity of our sport above reproach … Although the bill is not perfect and has caused some concerns that we understand, it is clear that this new paradigm for the industry is necessary if we are serious about the future of our sport … As we’ve said previously, we intend to roll up our sleeves and collaborate with our industry partners and the new Authority to achieve a seamless transition. While change is never easy and valid concerns must be addressed and resolved, we are at a critical time for our industry. The enactment of the Horseracing Integrity and Safety Act provides us with a unique opportunity to change the image of our sport and engender confidence in the future.”

Water Hay Oats Alliance

“Today marks a turning point toward a bright future for American horse racing, the health and welfare of its horses and jockeys, and the integrity of the sport. After years of negotiation and compromise, it is with great pride and complete satisfaction that the Water Hay Oats Alliance (WHOA) celebrates the inclusion of the Horseracing Integrity and Safety Act (HISA) in the 2020 Omnibus Appropriations Bill.

“WHOA has long supported the appointment of an independent anti-doping program run by the U.S. Anti-Doping Agency (USADA) to tackle the problem of widespread drug use in American racing. HISA meets that goal and our members look forward to the development of a gold standard program led by USADA. It is obvious that after years of committee review and discussion, America’s racing industry can not police it self, nor does it possess the power to adequately punish those who take advantage of the broken state-to-state system. Under the new Horseracing Integrity and Safety Authority national, uniform rules, testing procedures and penalties will be adopted in sync with international standards.”

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McConnell has said he intends to get the legislation passed before the end of the year.

If that happens, what is the timeline for implementation of a new national Horseracing Integrity and Safety Authority the legislation would create to oversee all of the medication and safety policies for Thoroughbred racing in the U.S.? Who would comprise the governing body and how will those individuals be chosen? How will medication policy enforcement and drug testing overseen by the United States Anti-Doping Agency differ from the current methods employed by state racing commissions?

In this week's edition of the Friday Show, publisher Ray Paulick and editor in chief Natalie Voss try to answer some of the most frequently asked questions about this major development in the horse racing world.

Watch the Friday Show below:

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The newly proposed Horseracing Integrity and Safety Act of 2020 (S.4547) may provide an incentive for States to defund existing anti-doping and medication rule enforcement programs.

“COVID-19 has economically devastated many state budgets and the additional resources just may not be there to improve upon the existing anti-doping and medication enforcement program infrastructure to comply with S.4547,” said Ed Martin, President of the ARCI.

The RCI President said It is not unreasonable to expect that a State Budget Director or Legislative Committee will look at this law and question why the state needs to continue paying for the existing program, any new unfunded mandates, and a new federal authority as well as it's contracted enforcement agency. As the law allows the state to “off load” their current program and have the federally dictated system operate and pay for it, there will be an economic incentive to do that.

At that point racetracks, owners, trainers, breeders, and veterinarians may be assessed costs to replace the lost state investment and pay for the additional two entities envisioned by the bill.

Depending on the state, the local racing industry will continue to pay all current state assessments and taxes and may discover that they now must pay newly levied assessments to pay for the now federally mandated privatized program.

According to the analysis and assuming that there will be no industry specific state tax cut in these jurisdictions and existing revenue sources will remain, the racetracks, owners, trainers, breeders, and veterinarians in the following states (partial list) are potentially exposed to paying again should their state program be shifted to the newly created NGO:

Some states have the ability to directly bill racetracks for their program. These states may continue to operate their existing program and simply forward the newly enhanced bill for the current program, additional mandates and the two new entities directly to the racetracks which will then be required to pay the state. These jurisdictions include:

In New York, state general fund monies are used to pay for the drug testing enforcement program and shortfalls are recouped from a commission determined industry assessment on racetracks and owners. Given New York's post virus severe financial needs going forward it would be possible for the state to cut funds for drug testing and allow the commission to impose fees on tracks and owners to pay for the shortfall and any additional costs imposed by the legislation.

If that were to happen or should the State hand the program off, the prospect for an industry specific tax cut would be slim and the industry would be totally required to make up the loss of state investment.

In Maryland, only certain costs can be forwarded to the tracks and additional mandates may require legislation in order to be passed through.

S.4547 envisions that racing commissions will pass the overhead costs for the new authority and its enforcement agency to industry participants based on the assessment bill received each year. The states do not have the authority to unilaterally impose and set such assessments with the possible exception of New York as indicated above.

The States have had to do the best job they could with the available funding.  State budgets have always considered the ability of people to afford the assessments. This bill puts no limit on program funding which is a luxury no State Racing Commission ever has had.

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U.S. Senate Majority Leader Mitch McConnell, R-Ky, announced last week he will introduce compromise legislation that will replicate several key provisions within H.R. 1754, also known as the Horseracing Integrity Act.

It is expected the Committee will amend and approve H.R. 1754, allowing it to be taken up on the House floor.

Louis Romanet, chairman of the International Federation of Horseracing Authorities (IFHA), went on record as welcoming the news, as did Marty Irby, executive director of Animal Wellness Action, who testified in support of H.R. 1754 at a January hearing.

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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.

“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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