Congress passed the Horseracing Integrity and Safety Act of 2020 to establish uniform medication, anti-doping, and racetrack safety standards in thoroughbred racing.

The Horseracing Integrity and Safety Act was the first federal legislation to regulate the US horse racing betting industry since the Interstate Horseracing Act of 1978.

The Act’s key points include:

  • Creating a national, independent authority (the Horse Racing Integrity and Safety Authority) to develop and enforce uniform safety and performance standards for thoroughbred racing across all states.
  • Establishing uniform medication rules and doping controls, replacing the previous state-by-state patchwork of regulations.
  • Placing anti-doping oversight under the control of the U.S. Anti-Doping Agency (USADA), the same organization that manages Olympic drug testing.
  • Implementing national safety standards for racetrack surfaces, training, and racing practices.

What the Horseracing Integrity and Safety Act Entails

Readers can view the Horse Racing Integrity and Safety Act’s full text here.

Most importantly, the Act shifts oversight from a patchwork of state-by-state regulations to a unified federal framework while maintaining significant industry self-regulation.

The Act balances multiple interests: improving horse welfare, maintaining racing integrity, preserving state roles where appropriate, and providing due process protections for industry participants.

It also creates a sustainable funding mechanism through industry fees rather than federal appropriations.

In summary, HISA takes a multi-pronged approach to regulating US thoroughbred racing:

The Horseracing Integrity and Safety Act established the Horseracing Integrity and Safety Authority (HISA), a private, independent, self-regulatory nonprofit corporation comprised of nine individuals.

Additionally, The Act established federal oversight through the Federal Trade Commission (FTC).

A nine-member board of directors governs HISA. The board makeup must include the following:

  • Five independent members from outside the equine industry
  • Four industry members representing different equine constituencies
  • Chair must be an independent member selected from outside the equine industry

The Act also established two primary standing committees:

  • The Anti-doping and Medication Control Committee
  • The Racetrack Safety Committee

Per the Act, an independent nominating committee selects board and committee members.

The Act established two programs, one to oversee medication and perform anti-doping duties, and another to create race track safety standards.

Anti-doping and Medication Control Program

  • Creates uniform national standards for medication use and testing
  • Prohibits race-day medications within 48 hours of racing
  • Establishes drug testing protocols and laboratory accreditation standards
  • Partners with USADA (U.S. Anti-Doping Agency) or similar organization for enforcement

Racetrack Safety Program

The Racetrack Safety program creates safety standards for:

  • Training and racing practices
  • Track surface quality and maintenance
  • Injury and fatality prevention/reporting
  • Pre- and post-race inspections
  • Accreditation requirements for racetracks

The Racetrack Safety program also established a nationwide database for horse safety, performance, and health.

The Act gives the Horseracing Integrity and Safety Authority investigative, subpoena, and civil sanction powers, including:

  • Lifetime bans
  • Monetary fines
  • Purse disgorgement
  • Changes to race finishing order

However, the Act provides due process through:

  • Administrative hearings
  • Appeals process
  • Review by administrative law judges
  • Final review by FTC

The Horseracing Integrity and Safety Act applies to all covered thoroughbred racing participants in the United States. Other horse racing breed organizations may opt-in through their racing commissions or governing organizations.

Covered races, horses, and individuals include:

  • Horses from their first timed workout until retirement
  • All racing participants (trainers, owners, veterinarians, etc.)
  • Races with interstate wagering

The Horse Racing Integrity and Safety Act preempts state law on covered subjects, but states retain authority over:

  • General criminal conduct
  • Animal cruelty matters
  • Non-covered racing matters
  • Use of medication in humans participating in covered races

The Act defines unfair trade practices to include:

  • Selling horses treated with bisphosphonates before age four
  • Selling horses treated with substances having long-term degrading effects
  • Failing to disclose such treatments to buyers

HISA History and Origins

Senator Mitch McConnell unveiled the proposal in September 2020 during a press conference at Keeneland.

“We’ve seen painful tragedies on the track in recent years. Doping scandals have rocked the horse racing community,” McConnel said.

“These challenges pose a threat, not only to this industry, but also to the 24,000 Kentuckians who work in it…. If we want to preserve horse racing and its future, we [need] to act.”

According to McConnell, a Washington Post op-ed calling for the end of horse racing spurred him into action. The op-ed was a response to the indictments of 27 people in a widespread horse doping scheme.

The proposal aimed to establish standards similar to those of international markets to curb horse doping and other abuses.

Congress Approves HISA in December 2020

From the beginning, McConnel’s bill looked promising to pass. It had bipartisan support among lawmakers and the overwhelming support of the horse racing industry. The latter is something previous attempts at creating a federal framework lacked.

In addition to Churchill, the Horsemen’s Benevolent and Protective Association was cited as a supporter during the press conference.

Statements of support also came from NYRA President and CEO Dave O’Rourke, Craig Fravel, Chief Executive Officer of The Stronach Group’s 1/ST Racing, and Joe Appelbaum, President of the New York Thoroughbred Horseman’s Association.

Later that year, Congress approved the Horse Racing Integrity and Safety Act as a part of a larger spending bill.

The law has faced multiple legal challenges related to its Constitutionality since then, but it remains in effect in most states.

However, Texas has mounted a fierce legal battle in the belief that HISA infringes on states’ rights. To avoid falling under The Act’s jurisdiction while legal challenges play out, the Texas horse racing industry has stopped simulcasting its races out of state.