LEXINGTON, Ky. (May 17, 2021)—The lead congressional sponsors of the Horseracing Safety and Integrity Act (HISA) have filed a response to a lawsuit filed by the National Horsemen’s Benevolent and Protective Association and some of its affiliates that are suing to stop HISA from becoming law on the alleged grounds that it is unconstitutional.
A 14-page amicus (“friend of the court”) brief was filed May 14 by Senator Mitch McConnell (R-KY) and Representatives Andy Barr (R-KY) and Paul Tonko (D-NY), the leading sponsors of the legislation in the Senate and House respectively. The brief underscores why HISA is critically important to protect and preserve the future of horse racing, the multi-year deliberations by Congress that included input from all sectors of the horse racing industry, that led to broad bipartisan support for HISA, and the reasons why HISA is structurally constitutional.
HISA was reported out of the House Energy & Commerce Committee and passed the House last fall by an overwhelming bipartisan vote and then later passed the House and Senate in a subsequent package that was signed into law by the President in December 2020. The board of directors of the standards-setting Authority designated by the Act (HISA Authority), and the members of its two advisory committees, were named earlier this month. The law requires the HISA Authority to submit proposed standards for consideration to the FTC and requires the FTC to issue final rules (after an opportunity for public comment) covering (a) lab accreditation, (b) track safety and accreditation, (c) anti-doping and medication control, and (d) results management and discipline. The FTC rules and regulations will become effective on July 1, 2022.
“The National Thoroughbred Racing Association (NTRA) commends Sen. McConnell, Rep. Barr and Rep. Tonko for their forceful defense of the Horseracing Integrity and Safety Act of 2020,” said NTRA President and Chief Executive Officer Alex Waldrop. “The need for a national body to enforce stringent integrity and safety standards for Thoroughbred racing has never been greater. Organizations and individuals representing virtually every segment of our industry are committed to working cooperatively with the HISA Authority and its standing advisory committees to assist the Authority in carrying out its federal mandate to propose to the Federal Trade Commission for that agency’s adoption an innovative, affordable federal regulatory system that prioritizes first and foremost the safety of horse and rider and the integrity of our sport.”
The complete amicus brief is available here.
About the NTRA
The NTRA, based in Lexington, Ky., is a broad-based coalition of more than 100 horse racing interests and thousands of individual stakeholders consisting of horseplayers, racetrack operators, owners, breeders, trainers and affiliated horse racing associations, charged with increasing the popularity, welfare and integrity of Thoroughbred racing through consensus-based leadership, legislative advocacy, safety and integrity initiatives, fan engagement and corporate partner development. The NTRA owns and manages the NTRA Safety & Integrity Alliance; NTRA.com; the Eclipse Awards; the National Horseplayers Championship (NHC); NTRA Advantage, a corporate partner sales and sponsorship program; and Horse PAC®, a federal political action committee. NTRA press releases appear on NTRA.com and social media.
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