WASHINGTON, D.C. — In the biggest gain for animal welfare in 2020 and in the $900 billion year-end spending bill just-released, that’s expected to be signed into law within days, Congress added a rider to ban race-day doping of Thoroughbreds: the Horseracing Integrity and Safety (HISA) Safety Act. H.R. 1754/S. 4547, concluding an eight-year campaign to end medication abuses leading to breakdowns and injuries and deaths on tracks across the nation.
The House passed H.R. 1754, led by U.S. Reps. Paul Tonko, D-N.Y., and Andy Barr, R-Ky. by a voice vote in September, but the Senate had not taken up S. 4547 introduced by U.S. Senate Majority Leader Mitch McConnell, R-Ky., and Senators Kirsten Gillibrand, D-N.Y., Martha McSally, R-Ariz., and Dianne Feinstein, D-Calif. that promises to end the era of widespread doping of horses in Thoroughbred racing in America.
The Horseracing Integrity and Safety Act includes a ban on race-day doping, the establishment of a uniform national standard for rules and regulations for U.S. horseracing that would be overseen by the U.S. Anti-Doping Agency (USADA). The Horseracing Integrity and Safety Act (HISA) is landmark legislation that would directly address the safety and welfare of racehorses, and the integrity of the sport itself, through better anti-doping measures and racetrack safety standards. The doping of American racehorses has been the subject of Congressional attention over the past five years with hundreds of horses dying on racetracks weekly, and the indictment of 37 trainers and veterinarians in March of 2020.
The bill has the support of Animal Wellness Action (AWA), the Animal Wellness Foundation (AWF), Horses for Life Foundation, the American Horse Protection Society, the Center for a Humane Economy, and key players throughout the horse racing industry, including all three Triple Crown racetracks. Churchill Downs, which runs the Kentucky Derby, is the most recent corporation to get on board. The effort continues to enjoy the support of the Coalition for Horse Racing Integrity (CHRI), which includes The Jockey Club, the Breeders Cup, Keeneland Racecourse, the New York Racing Association, The Stronach Group, the Thoroughbred Owners & Breeders Association, the Water Hay Oats Alliance, U.S. Harness Racing Alumni Association, and Animal Wellness Action.
The patchwork of regulations across the U.S.’s 38 racing jurisdictions has undermined the public’s confidence in horseracing, threatened the integrity of competition, and endangered the human and equine athletes. Enactment of the HISA will address these problems head-on while helping to enhance the public’s interest in this very important industry. For the safety of the horses and jockeys, and for the sport of horseracing itself, American horseracing needs the Horseracing Integrity and Safety Act of 2020.
Key Provisions
In order to create these uniform performance and safety standards for the sport of horseracing, the HISA creates the Horseracing Integrity and Safety Authority, which is a private, independent, self-regulatory, nonprofit organization. It will not be funded by the federal government – the horseracing industry will pay the funds necessary for the establishment and administration of the Authority. The Authority is tasked with developing and implementing both a horseracing anti-doping and medication control program and a racetrack safety program.
Composition of the Authority
The Authority will be governed by a Board of Directors consisting of nine members. Five of those members will be independent of the industry, and four members will be experts from the following sectors of the industry: owners and breeders, trainers, racetracks, veterinarians, State racing commissions, and jockeys. To assist with the development of these programs, the Board will establish an anti-doping and medication control standing committee and a racetrack safety standing committee, both controlled by independent members outside the industry. All independent members of the Board and standing committees will be subject to strict conflict-of-interest standards.
Anti-Doping Program
The Authority will be required to create a set of uniform anti-doping rules, including lists of prohibited substances and methods, protocols around the administration of permitted substances, and laboratory testing accreditation and protocols. These permitted and prohibited substances and practices will be developed after taking into consideration international anti-doping standards and veterinarian ethical standards, along with consulting racing industry representatives and the public. The new nationwide rules would replace the current patchwork of regulatory systems that govern horseracing’s 38 separate racing jurisdictions. For services related to the enforcement of this program, the Authority shall enter into an agreement with the U.S. Anti-Doping Agency, which has a proven track record of conducting anti-doping and medication control activities for all U.S. Olympic athletes and its approach can easily be adapted to horseracing.
Racetrack Safety Program
To protect the health and safety of racehorses and jockeys, the Authority will also create a racetrack safety program, consisting of a uniform set of training and racing safety standards and protocols. Those standards include racetrack design and maintenance, oversight of human and equine injury reporting and prevention, and the procedures for undertaking investigations at the racetrack and non-racetrack facilities related to safety violations. The Authority creates an accreditation program to ensure that racetracks comply with these safety procedures, and in order to continue to gather information on racetrack safety, the Authority will establish a nationwide database of racehorse safety, performance, health, and injury information within one year of the establishment of the program.
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