Travis Tygart | Horse Racing Free Tips

The Week in Review: USADA-HISA Must Settle Their Differences

The announcement that came last week that the United States Anti-Doping Agency (USADA) has bowed out and will not become the enforcement agency for the Horseracing Integrity and Safety Authority couldn't have been worse news for the sport. It was a lump of coal in the stocking at Christmastime. Thanks to the passage of the Horseracing Integrity and Safety Act (HISA) racing finally seemed ready to clean up a game where cheating trainers and the use of performance-enhancing drugs is a serious problem. USADA was not only the best choice to take over the policing of the sport. It was the only choice. There is no one else.

With USADA's announcement, HISA is in shambles and picking up the pieces will be a daunting, if not impossible, task. USADA's involvement was the reason so many people were so enthusiastic about HISA's passage. USADA and its CEO Travis Tygart are the gold standard when it comes to anti-doping and they get results. Just ask Lance Armstrong. While it's true that HISA covers other areas and issues, none seem that important at the moment. This was always about bringing in USADA and letting them accomplish what the sport is incapable of doing on its own.

Now what?

The Horseracing Integrity and Safety Authority, the group overseeing the implementation of HISA, said, in a press release last week, that it is evaluating options for engagement with other leading independent enforcement agencies. I suppose that's what they had to say, but the statement does not address the realities of the predicament they are in. The statement indicates they will simply move on to Plan B. Except there is no Plan B, no alternative to USADA. And if they somehow do come up with another agency to handle drug testing and enforcement, it's not going to be an entity that has anywhere near the bona fides that USADA does.

There's only one way to solve this mess, and that's a reconciliation between USADA and the Authority.

In their respective press releases, neither USDA nor the Authority gave any indication as to what exactly was the problem that caused a divorce before the two were officially married.

“After months of negotiations, we have been unable to enter an agreement in line with the requirements of the Act, and one which would have given us a reasonable chance to put in place a credible and effective program,” Tygart said in USADA's statement, not exactly answering any of the questions so many now have.

The most likely reasons USADA and the Authority could not come to terms?

It could be about money. It was never going to be cheap to have USADA come in and provide the manpower and expertise needed to police an entire sport, one that has far more competitors and moving parts than even the Olympics. And it was never made clear where the money to pay for USADA was supposed to come from. Tygart might have asked for more than the Authority was willing to pay.

There may have also been a disagreement regarding rules and regulations, what USADA could and could not do. It's easy to see Tygart walking away if there were roadblocks put in his way that he could not accept.

Or it could be something else.

Whatever the reason may have been, Authority Chairman Charles Scheeler and his crew and Tygart and his team need to lock themselves in a room with the understanding that no one can come out until they have reached an agreement that will bring USADA back into the fold. That may mean that it will be the Authority that has to blink first, that it will have to find a way to give Taggart whatever it is that he is looking for. Horse racing needs USADA a lot more than USADA needs racing.

Maybe the relationship between the two is beyond repair and nothing can be done to salvage it, but racing has to try. The alternative is that everything goes back to the status quo and that, without USADA, the bad guys continue to run amok. HISA, without USADA's involvement, becomes so irrelevant that the act might as well be repealed. That depressing possibility should be considered unacceptable by the Authority, The Jockey Club and everyone else who has been trying so hard to bring meaningful change to a sport that needs just that.

There has to be a way. Make it happen.

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USADA Unable to Reach Deal With HISA Authority

The United States Anti-Doping Agency (USADA), for years a vocal proponent of federal legislation to bring the sport under a single governing entity, announced in a press release Thursday morning that it has been unable to reach an agreement to become the enforcement agency for the Horseracing Integrity and Safety Authority, the broad non-profit umbrella established by the Horseracing Integrity and Safety Act.

“After months of negotiations, we have been unable to enter an agreement in line with the requirements of the Act, and one which would have given us a reasonable chance to put in place a credible and effective program. While we are obviously saddened by the outcome at this stage, we tried our absolute best to find a way forward but without success,” wrote Travis Tygart, USADA CEO, in a statement.

In a separate statement Thursday, the Authority confirmed the news. “As mandated by the Horseracing Integrity and Safety Act of 2020, USADA and HISA had been engaged in good faith negotiations but were unable to reach final terms,” the Authority wrote.

With the act scheduled to go into effect July 1 next year–provided it survives legal challenges in the interim–this announcement throws into disarray a crucial component of HISA.

That's because, with only six months left on the clock, the million-dollar question now is: What entity or entities will be responsible for overseeing HISA's laboratory accreditation, drug testing and enforcement program?

The law dictates that if USADA is not the contracted enforcement agency, the Authority must enter into an agreement “with an entity that is nationally recognized as being a medication regulation agency equal in qualification” to USADA.

In Thursday's statement, the Authority wrote that it is “evaluating options for engagement with other leading independent enforcement agencies.”

Furthermore, there will be a temporary delay in submission of the Anti-Doping and Medication Control draft rules to the FTC until a “new independent agency” can be identified and an agreement nailed down.

“This will allow HISA and another independent enforcement agency to reach an agreement and build on the progress that has been made to-date with USADA. HISA anticipates this process will permit the full implementation of the final ADMC rules in early 2023.”

According to the Authority, the draft Racetrack Safety regulations that were submitted to the FTC earlier this month will be implemented on July 1 next year, following the requisite review, public comment and education periods.

For many, this announcement will come as a bolt out of the blue.

Indeed, A little more than two weeks ago at the latest Race Track Industry Symposium at Tucson, Charles Scheeler, chairman of the Authority, unveiled a key development for what was to be the working mechanics of HISA's drug testing program.

According to Scheeler, individual states were going to continue conducting race-day testing and sample collection come July 1 next year. At the same time, USADA would manage the out-of-competition (OOC) testing program.

However, when the 2023 season rolls around, USADA was expected to assume responsibility for both race-day and OOC testing. That arrangement is now obviously defunct.

“While we desperately tried to reach an agreement to implement the program, without compromising our values, we have always said the passing of the legislation and the finalization of uniform, robust rules are huge victories for the horses and the equine industry,” Tygart wrote, in Thursday's statement.

“We are honored to have been involved with these efforts to restore the integrity of thoroughbred horse racing. Though we are unsure what the future holds for USADA–if any–in this effort, we have offered to assist the Authority and others in the industry to ensure that the sport gets the program it needs and that the horses deserve,” Tygart added.

In a statement Thursday, Scheeler said “We are deeply grateful for USADA's hard work, expertise and leadership in working with HISA's Anti-Doping and Medication Committee to develop comprehensive draft rules in a remarkably short period of time.”

NHBA President Eric Hamelback released the following statement, “The National HBPA continues to stand steadfast behind our belief that the HISA Act is an unconstitutional delegation of authority to a private organization. With that said, after the events announced today we hope members of the Authority take into strong consideration partnering with an enforcement agency that understands the nuances of the horse-racing industry and recognizes the significant positive strides this industry has made in both safety and integrity. Now would be a perfect opportunity for the Authority to mesh the safety regulations that have been put forth with the best of the model rules currently established throughout the United States.”

The TDN requested in-person interviews with both Tygart and someone from the Authority about the reasons underpinning Thursday's announcement, and where HISA stands now. These requests remain pending.

In the meantime, the news leaves dangling many key questions pertaining to the practical implementation of HISA. Among them are the following:

1 – Realistically, what entity or entities could step into the role of the enforcement agency?

Could a group like the United States Equestrian Federation pick up the reins? Or is there still a place for USADA to jump into the saddle?

2 – The issue of cost has been an albatross hanging around the neck of HISA from the start.

And so, when it comes to selecting any enforcement agency moving forward, is there a viable, affordable option for the industry that can still meet HISA's statutory needs?

3 – USADA has already put together and published several key materials outlining things like the prohibited substance list, the results management process, sanctions, and the equine sample collection procedure.

But how much of these materials is proprietary, meaning, the Authority would be forced back to the drawing board?

4 – Drugs are broken into two broad categories. Primary substances are those prohibited at all times. Secondary substances–like therapeutic medications–are prohibited just on race-day.

USADA's system was expected to do away with the current Association of Racing Commissioners International (ARCI)'s alphanumeric classification system for regulated drugs–class 1 through 5, and A through D.

Will the primary and secondary substances lists–the latter USADA hadn't publicly released–still be adopted as part of HISA's anti-doping and medication control rules program?

Or could we see a scenario where the ARCI's model rules remain in place? This last question leads onto the next.

5 – Could today's news facilitate a long-term expanded role for the Racing Medication and Testing Consortium (RMTC) under HISA, considering the agency already performs several key tasks under the Act's anti-doping and medication program?

For one, laboratories currently accredited by the RMTC were expected to be given interim accreditation for the last six months of 2022 as it was.

Furthermore, the ARCI's model rules are built upon the RMTC's scientific groundwork.

6 – As per USADA's results management program, a “National Steward Panel” would be responsible for hearing secondary substance violations, while “Impartial arbitrators” would hear those for primary substance violations.

This system was warmly received within the industry as an important break from the status quo.

But without USADA at the helm–and currently no firm idea as to who the enforcement agency will be–what is the likelihood these panels will be in place even by the start of 2023?

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Bobby Flay Talks Breeders’ Cup Triumph On Writers’ Room

Still riding high from a scintillating victory in the GI Breeders' Cup Juvenile Fillies Turf with fast-finishing Pizza Bianca (Fastnet Rock {Aus}), celebrity chef, restaurateur and owner/breeder Bobby Flay joined the TDN Writers' Room presented by Keeneland Tuesday afternoon. Calling in via Zoom as the Green Group Guest of the Week, Flay appreciated the significance of winning on racing's biggest stage with a homebred, teased a potential Royal Ascot trip with Pizza Bianca and discussed how he would approach racing's marketing challenges and more.

Flay made a huge splash at the 2014 Tattersalls October Sale when going to 1,250,000 guineas (around $2,122,050 U.S.) to purchase a regally-bred daughter of Galileo (Ire)–the highest-priced filly sold in the Northern Hemisphere that year–he named White Hot (Ire). But the filly never made it to the races. Flay could've cut his losses and sold the mare back at auction, but instead held onto her to breed, putting trust in her pedigree, and she rewarded him with a Breeders' Cup winner as her first foal.

“She has a lights-out pedigree,” he said. “She's by Galileo, she's a half to Pour Moi (Montjeu {Ire}), who won the English Derby, and that's just the beginning of the pedigree. It goes on for pages. It's a Coolmore family. And one thing about buying into a Coolmore family, those guys are so focused on making their families better and better that they're going to spend money all over that pedigree until the end of time. So I made that bet. I took a leap of faith and it didn't work out. The horse never ran, just wasn't good enough. But I knew I was going to keep this horse for the rest of her life. My feeling was, at some point, the blood will show up. If it's that good, something has to happen, directly or indirectly, that's going to help your family. But you have to be patient. You may have to invest more money actually to continue to breed, but at some point it will work. And I obviously did not expect it to work with the first foal, but it did. It's all gravy from here on out.”

Flay has become a breakthrough celebrity and, as a result, a de facto ambassador of racing. He was asked about how receptive people in his world are to the sport and what can be done to introduce more potential owners and bettors into the game.

“There's only one way to do it. You have to expose them to it,” he said. “If you ask me for a recipe and I just hand you a piece of paper or tell you to go download something off a website and you make it, it's going to be one way. But if I actually show you how to do it, it's going to come out differently and probably better, because I'm showing you as opposed to telling you. It's the same thing for racing. If I tell people about my experience, they're like, 'Oh yeah, that's great.' I take people to the big events, because I want them to see racing at its best, see the best horses and the biggest crowds, and then they're hooked. They're like, 'I can't believe I've never done this before.' I hear that all the time. Every year, I take about 25-30 people to the Belmont Stakes. Half of them have never been to a race before. They become racing fans.”

Elsewhere on the show, which is also sponsored by Coolmore, West Point Thoroughbreds, XBTV, Lane's End and Legacy Bloodstock, the writers discussed their takeaways from last week's interview with Travis Tygart and Tessa Muir of USADA, debated whether or not Lasix-free racing is a big deal anymore and addressed potential remedies for the wagering public in situations like the Breeders' Cup Juvenile Turf mess. Click here to watch the podcast; click here for the audio-only version or find it on Apple Podcasts or Spotify.

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Irwin: Robust Investigative Force Critical For HISA To Effectively Combat Cheating

The Horseracing Integrity and Safety Authority (HISA) is not scheduled to begin operations until July of next year, but with release of the initial guidelines issued for public consumption last week and any number of Op/Ed pieces appearing in industry trade publications, the direction of the Authority that will steer the ship seems to be given plenty of helpful hints for its future navigation.

As the one who got the ball rolling in a 2004 Op/Ed in The Blood-Horse by urging industry members to consider a way of hiring the U.S. Anti-Doping Agency to oversee drugs in horseracing, I must at this early juncture in the start-up of the Authority register my fears regarding the ultimate success of the new entity and its potentially sweeping changes.

Germination for wishing to get USADA involved in the struggle to rid cheaters from the game was to use CEO Travis Tygart and his team to devise a plan to form an investigative unit capable of discovering through traditional and new-wave policing methods which designer and human drugs were being used to tilt the playing field in North American racing.

If the world of international sport had learned one thing from the 2002 Bay Area Laboratory Co-operative (BALCO) it was that testing was best used not to apprehend suspects but to confirm that they were cheating. The gold standard in catching the crooks was by finding the actual illegal substances first, then developing a test and using that test in the future to nail the bad guys. Testing without knowing what one was testing for was like trying to find a needle in a haystack.

Good old-fashioned cop grunt work and sophisticated FBI-style surveillance is required for the best results. In the eyes of those individuals who formed and drove the Water Hay Oats Alliance, it was foremost in mind that Tygart would use his agency's skills to offer relief to racehorse owners who played the game straight and true.

However, other initiatives, introduced by other stakeholders with alternative agendas, have gotten in the way and now threaten to derail the Authority from their original appointed rounds. And adding further insult to injury, everybody with an agenda is making noises about the Authority widening their sphere of influence by tackling such areas as pari-mutuel wagering.

The last thing HISA needs is to be accused of overreach by encompassing an agenda that goes too far afield from its original mandate. HISA was never envisioned as a so-called “league office” or end-all and be-all to govern the entirety of racing.

HISA is basically divided into two aspects of racing: integrity (preventing cheating) and safety (protecting the horse). While I am extremely interested in protecting the welfare of racehorses, I was personally disappointed in its inclusion in the final legislation, as I thought it could be handled better outside the confines of the law and because it detracted from the focus on cheating with drugs.

I daresay that very well may have been the intention of those proposing and supporting the safety element of the legislation. But I fully understand that with any sort of seminal legislation there must always be compromise and I am positive that without the safety aspect, Churchill Downs would never have been able to use its influence to convince Kentucky Sen. Mitch McConnell to back the bill.

In reviewing the Authority's releases so far and in reading reports in the media as well as interviews with key members of the Authority, it seems likely to me that testing for illegal substances is being given too much weight, as opposed to investigations. If this turns out to be the case, it would be a misguided, potentially detrimental and disheartening.

I understand why the “safety” advocates pressed so hard to have their initiative appear to be on an equal footing with “integrity.” By shifting the focus away from a single-minded attempt to zero in on drugs, the “safety” crowd hoped that racing would not be placed in a negative light. I get it. I do not agree with this gambit, but I understand it, especially where a major racetrack is concerned.

But unless the industry as a whole is ready to tackle cheating with drugs head on, the specter of altering the results of racing will never cease.

So this is my pitch to members of the Authority, no matter what side of the fence you are on, no matter how you managed to get your seat on the boards and committees and no matter what your agenda: please do all in your power to make sure that Travis Tygart is given adequate funding to carry on investigations that will yield the type of results those of us who have committed our lives to cleaning up the game can feel that all of our work has been worthwhile.

This message is not directed at USADA. It is not directed at Travis Tygart. It is directed at those individuals who may seek to over-fund their own aspects of the legislation.

Without a robust investigative force that is fully funded this entire initiative will fail and HISA will go the way of all other alphabet soup groups in racing. This is our one last chance to get horseracing right, correct the wrongs on the racetrack and clean up the game enough to present it as a viable sport to fans and horseplayers. We owe them that much.

Barry Irwin is the founder and CEO of Team Valor International

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