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Irwin: USADA Essential To A Successful Horseracing Integrity And Safety Authority

It was not by happenstance that in a 2004 Op/Ed I wrote in The Blood-Horse and eight years later the Water Hay Oats Alliance in its mission statement both singled out the United States Anti-Doping Agency as the one entity that could rein in the rampant use of drugs both legal and illegal in horse racing.

Through several iterations of proposed congressional legislations in different political administrations, WHOA forged ahead, convincing The Jockey Club, Thoroughbred Owners and Breeders' Association, Breeders' Cup and other leading organizations to join its efforts. But WHOA never lost sight of its goal as stated in its original mission statement: USADA needed to be named by congress to oversee drugs in racing.

When Mitch McConnell finally saw the light and agreed to help his state's signature industry by embracing the idea of the federal legislation, he joined the effort for a final push that resulted in the idea of naming an entity, named the Authority, to deal with the Federal Trade Commission in setting up drug controls. The idea from the very get-to and through the rewritten federal law was to bring USADA on board to do their thing.

But between passing the legislation, seating board and committee members and drafting rules for drugs and safety, the Authority lost sight of its mandate and role in the process. Things that plague most political actions and serve as a stark reminder of the corruption to which many humans are capable of brought forth conflicts of interest and the weightiness of power. The Authority shockingly announced during the holidays that it had been unable to come to a meeting of the minds with Travis Tygart, the head of USADA. The newly formed group revealed that it was moving ahead to find an alternative overseer of drugs in racing.

Conflicts of interest? Abuse of power? Money up for grabs? Really? Yep. Really.

I will save you all from having to read the rest of this and get right to the point: USADA is the only group with the brand, gravitas, respect and tools to save the sport of Thoroughbred racing. Yes, there are other groups that could address testing, investigations and education, but in total none of them has what USADA brings to the table.

Jeff Novitzky, a storied federal investigator who graduated from breaking open the 2002 BALCO scandal and currently is in charge of athlete performance for the Ultimate Fighting Championship, is a board member of the Authority. He is potentially an important player in determining who gets the nod to oversee drugs in racing, as he actually has experience in hiring USADA to work on behalf of the UFC.

As explained by Novitzky, there are ultimately three tasks that need to be addressed by any anti-doping organization, namely testing, investigation and education. Interestingly, he said that education is perhaps the most important, as it involves an authority figure such as Travis Tygart being able to educate athletes as to how sophisticated and thorough USADA can be in its job. Novitzky says that this aspect of the triple-pronged approach has formed an effective deterrent to cheating by his athletes. Novitzky said that it is possible to find outfits that could do testing and investigation, but very challenging to find a group that could educate the participants like USADA. That is a difference maker for him.

The reason that WHOA and I have pushed so hard for USADA is that a totally independent group is essential in allowing the game to function and give fans and competitors alike the confidence that the sport is on the level.

Here is why an independent group is needed. In a game dominated by super-wealthy, powerfully-connected participants that operate their enterprises on a win-at-all-costs ethos, only an independent body is able to withstand the onslaught of a corrupt individual to assist them in breaking the rules.

In today's environment, within the confines of racing (and not including the Federal Bureau of Investigation), powerful individuals who get caught breaking the rules always seem to find a get out of jail free card.

The reason so many horsemen and owners seem to be against USADA's involvement in racing is that their reputation has preceded them. They are incorruptible and this scares the crap out of them.

However, with USADA now set to be totally bypassed in favor of some other organizations that have been mentioned, independence will be thrown right out the window and all of our efforts will have been for naught, because the bad guys will have won again and nothing will have changed. Right now forces that want the appearance of change, but behind closed doors actually embrace the status quo, are calling the shots.

Forces working against USADA include those with conflicts of interest. Among them are Authority members that have existing affiliations to other anti-doping doping agencies, rival testing labs lined up for a big payday and individuals pulling any strings they can find to keep USADA from becoming the top cop on the block. There is a lot of money involved and more than one testing lab or doping agency that would like to get their piece of the pie. Cronyism, regional muscle flexing and a good old-fashioned money grab characterizes the battlefield today.

It says here that the Authority has lost sight of its role in the process and that a combination of egos fueled with new-found power, members swayed by passionate enemies of USADA and lots of money up for grabs has corrupted what should have been a simple task. And for all appearances it looks very much like those empowered to guard the palace gates want to ascend to the throne.

Barry Irwin is the founder and CEO of Team Valor International

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Hayward: ‘No Other Realistic Option’ Besides USADA To Enforce HISA

Longtime racing executive Charles Hayward published a commentary at thoroughbredracing.com on Tuesday, suggesting that the demise of negotiations between the Horseracing Integrity and Safety Authority and the U.S. Anti-Doping Agency could spell the end of horse racing in the United States.

“If the USADA/HISA business arrangement does not get done, I cannot imagine that horseracing and breeding has a future in the U.S.,” Hayward wrote. “While this is not a problem of anyone's making on either side, the harsh reality is, if the two parties cannot find a clear path forward, there are no 'other leading independent enforcement agencies' that can properly fill the void.”

Citing the federal investigation that led to the high-profile arrests of trainers Jorge Navarro and Jason Servis, Hayward argued that the individual state racing organizations have proven they are unable to police the sport effectively.

In addition, Hayward argues that the USADA was poised to take a “broader role” than simply enforcement. He cited the USADA's statement in it's 2020 annual report: “USADA has been assigned the anti-doping responsibilities detailed in the [HISA] Act and will implement uniform rules through an independent model in service of clean competition and participant safety. Throughout 2021 and beyond, USADA and the relevant authorities will establish and manage a robust system that includes education, testing, results management and investigation.”

Read more at the Thoroughbred Racing Commentary.

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Takeaways From Tucson: HISA Talk Dominates Global Symposium On Racing

With the Horseracing Integrity and Safety Authority (HISA) beginning to roll out proposed regulations to the Federal Trade Commission in advance of its scheduled start-up July 1, 2022, the agency created through federal legislation to regulate anti-doping and safety policies for Thoroughbred racing dominated discussions on the opening day of the 47^th annual Global Symposium on Racing at Loews Ventana Canyon in Tucson, Ariz., on Tuesday. The Symposium is conducted by the University of Arizona's Race Track Industry Program under the leadership of its new chair, Robert Hartman, a graduate of the program and a former racing industry executive.

Here are some takeaways from the day's presentations and discussions, which included four segments focused on HISA, a keynote address from new National Thoroughbred Racing Associations president and CEO Tom Rooney, and a high-powered panel featuring the top executives of four major racetrack organizations: 1/ST Racing (The Stronach Group), Del Mar, Keeneland and the New York Racing Association.

HISA Drug Testing Will Be Phased In

Charles Scheeler, the chairman of HISA, outlined the progress the organization has made during a very compressed timeline from passage of the legislation in December 2020 until its mandated launch July 1. A board of directors and chairman was named in May 2021, interim staff including a CEO was hired in July, when meetings and collaboration with the presumed enforcement arm, the U.S. Anti-Doping Agency (USADA), began. In September, stakeholder talks started, along with meetings with current state regulators. HISA presented its draft of proposed safety regulations to the FTC on the eve of the Symposium. It requested and received a waiver from the FTC to delay submission of proposed anti-doping and medication policies for at least 10 days (until Dec. 16). Draft anti-doping/medication regulations shared with industry organizations were met with considerable feedback. The FTC will conduct public register review in January and February and the rules must be approved by March 1 – four months in advance of HISA's launch.

Scheeler said the final regulations approved “will not be perfect” or “written in stone.”

When HISA does begin operations on July 1, it will only conduct out-of-competition testing, leaving post-race testing and adjudication of any violations from those tests in the hands of the state racing commissions for the rest of the year. Scheeler said HISA would take over post-race testing on Jan. 1, 2023. HISA would adjudicate any violations detected from out-of-competition tests.

Scheeler said HISA also hopes to work with racing commissions when it begins post-race testing to use existing personnel for race-day blood and urine collections, adding that if something isn't broken HISA is not interested in fixing it.

Technology And Big Data Will Be Critical

Scheeler and Dr. Susan Stover, a HISA board member and chair of the Racetrack Safety Committee, spoke about the importance of technology and data to HISA's success. The “transformational database” referred to by Scheeler would include information on both covered persons and covered horses and provide trainers and owners an interface to report whenever a horse's location changes, an important component for out-of-competition testing.

Stover, whose breakthrough research at the University of California-Davis has led to greater understanding of injury prevention, said the opportunity to collect comprehensive data is extremely important for racing to reduce the rate of fatal or serious injuries and for the sport to maintain what she called its Social License to Operate (SLO) with the public.

Stover pointed out that the United States has in recent years reduced its rate of fatal injuries per thousand starts by 40% but still has a rate higher than in the United Kingdom, Australia/New Zealand and Hong Kong. “We have work to do,” she said.

Dr. Sue Stover (right) and Ann McGovern

Fatalities aren't the only concern to Stover, who said 3% of horses at the tracks are taken out of training each month, an attrition rate she estimated costs nearly $82 million to horse owners every month.

Some form of pre-existing condition was detected in almost 90% of fatally injured horses she has examined over the years, Stover said. Factors that led to increased risk included corticosteroid injections, recent lameness and abnormalities in pre-race exams. Stover said data collected on training intensity (speed works at longer distances) may help HISA develop best training practices, especially for horses coming off layoffs.

Racetrack accreditations by HISA will be phased in, with tracks currently accredited by the NTRA getting an interim three-year accreditation with HISA, provided they make good faith efforts in certain areas and adhere to data reporting requirements.

Ann McGovern, a racetrack safety committee member, said in response to a question from the audience that tracks that fail to be accredited will lose their ability to conduct interstate wagering.

HISA/USADA Price Tag Remains a Mystery

Scheeler said HISA was not yet in position to submit a budget for HISA operations, in part because it does not have a contract with USADA. Costs, he said, would also depend in part on how things are worked out with state racing commissions. “It will cost money,” Scheeler said, “but this is an investment.” He compared the industry's failure to advance safety and anti-doping programs to bridges and roads crumbling because of the lack of infrastructure investment. Some of that investment will be in what Scheeler described as a “powerful and rigorous investigation program” similar to the 5Stones Investigations unit hired by The Jockey Club that investigated many of the trainers, veterinarians and drug suppliers who were indicted on federal charges in March 2020.

In a separate panel, Ed Martin, president of the Association of Racing Commissioners International, said language in the bill that created HISA was flawed because it does not require state racing commissioners to help with funding. “They made a mistake with this bill,” said Martin. “They allowed the states to walk away.” Martin suggested that state budget directors will withdraw funding for horse racing regulations and drug testing once they find out they aren't required to help fund HISA.

Therapeutic Medication List Still Being Developed

A group that included Adolpho Birch, HISA board member and chair of the Anti-Doping and Medication Control Committee, reviewed how medication violations will be adjudicated, separating primary (most serious) and secondary (therapeutic) drug positives.

Jeff Cook, general counsel for USADA, said a goal will be to adjudicate cases more quickly: four weeks when doping violations for secondary medications are challenged and eight weeks for primary drugs. A national stewards panel will adjudicate the secondary cases with an arbitrator used for the more serious violations. Cases can also be appealed to an FTC administrative law judge.

Two notable changes from the current process are that split samples would not go to a lab of the trainer's choosing and public disclosure of complaints may come as soon as the trainer is notified.

Birch, general counsel for the Tennessee Titans, served previously as the NFL's top anti-doping officials and helped draft the league's drug policies. Birch said the NFL was struggling with controlling the widespread use of performance-enhancing drugs, with some players dying from drugs and others feeling the need to cheat to compete. “If we didn't change,” he said, “the sport was going to suffer irreparably.”

Dr. Tessa Muir, USADA's director of equine science, said the HISA Anti-Doping and Medication Control Committee is still in the process of drafting a therapeutic medication list and screening limits for those drugs.

Mr. Rooney Goes Back To Washington

In his keynote address – his first as NTRA president and CEO – former Florida Congressman Tom Rooney said his mission will be to represent the horse industry in Washington, D.C., where he served five terms in the House of Representatives, from 2009-'19.

Rooney succeeds Alex Waldrop, who served as NTRA chief executive for 15 years. Waldrop was honored on Tuesday by the Race Track Industry Program with the Clay Puett Award for outstanding contributions to the industry.

From a family that owns the NFL's Pittsburgh Steelers and has been involved in Thoroughbred, Standardbred and Greyhound racing, Rooney brings a solid resume to the position. As a former member of Congress, he understands how important it is to have an industry representative in the nation's capital.

That's never more important than today, he said, referencing high profile events like the sudden death of Medina Spirit, the first-place finisher in the Kentucky Derby, and the fact that “our opponents have not gone away and they never, ever will go away.”

Incoming NTRA president and CEO Tom Rooney

Rooney's family owns the Palm Beach Kennel Club in Florida, where Greyhound racing was recently eliminated in a state-wide vote.

Rooney said he will work to support a smooth transition to HISA, help racing benefit from sports betting and maintain favorable tax benefits for horse owners.

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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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