Welcome to What’s Racing Through Washington newsletter, your one stop shop for all things Thoroughbred racing in Washington, D.C. As Congress springs into action, it is increasingly important to understand the latest policy developments and potential impacts to our industry. We hope you will enjoy the newsletter and we look forward to engaging with you more on issues impacting our industry.
The NTRA is hosting our first Annual Kentucky Derby Kickoff Reception on Capitol Hill.
Tom Rooney Issues Positive Statement on HISA to Capitol Hill
NTRA President and CEO Tom Rooney issued a statement in strong support of the Horseracing Integrity and Safety Authority to offices on Capitol Hill ahead of the Triple Crown season. The full statement is below:
“It is the most exciting time of the year in US Thoroughbred racing, as we round the final turn before the Kentucky Derby. The eyes of the world will descend upon Kentucky, and we can watch with confidence that horse racing is now the safest and most uniform that it has ever been in this country.
In 2020, the Horseracing Integrity and Safety Act (HISA) became law. HISA is empowered by Congress to regulate two key areas of Thoroughbred racing – Racetrack Safety and Anti-Doping and Medication Control. In the more than two years since its passage, the National Thoroughbred Racing Association (NTRA) has worked hand in hand with HISA and its team to improve the sport – and it’s working.
For the first time in US racing history, everyone is playing by the same rules. Prior to HISA, horse racing was regulated by 32 different state racing commissions with 32 different sets of rules. Imagine if the Philadelphia Eagles played by different rules than the Kansas City Chiefs, and then were expected to play by yet a third set of rules in order to play each other in the Super Bowl – crazy. That’s what horse racing was before HISA.
The fact of the matter is Thoroughbred racing has needed change for quite some time. The path we were going down was not sustainable, and after some challenging years we could not as an industry keep doing business as usual. Today, horse racing is the safest it has ever been, and fatal injuries to our equine athletes are at an all-time low. The industry is continuing to evolve, and I’m optimistic that together we can work to preserve horse racing so that future generations can also enjoy it. The best way to do that is by creating fairness and safety across the nation for the people and horses that make up this sport we love – and that is what HISA does.”
HISA’s Anti-Doping and Medication Control Program Delayed Until May 1, 2023.
Just four days after HISA’s Anti-Doping and Medication Control program went into effect on March 27, Judge James Wesley Hendrix of the U.S. District Court for the Northern District of Texas issued a 30-day injunction. Judge Wesley stated that the rule issued was in violation of the Administrative Procedure Act (APA) since when an agency issues a substantive rule it must ordinarily wait 30 days between when the final rule is issued and when it takes effect. The APA is a federal law that governs the process by which federal agencies develop and issue regulations. The APA establishes the procedures for rulemaking, adjudication, and judicial review, and aims to ensure transparency, public participation, and fairness in the administrative process. Following the delay HISA stated the ruling “does not address the substance of the ADMC rules or the constitutionality of the ADMC Program or HISA more broadly”. The ADMC rules will resume following the delay on May 1, 2023.
Tom and Tara Rooney attending the Louisiana Derby at the Fairgrounds Racetrack in New Orleans, LA; Tom Rooney attending the Rebel Stakes with Rep. Bruce Westerman (AR-04) and Senator Tommy Tuberville (AL); Tom Rooney Presenting a trophy for the 43rd running of the Suncoast Stakes at Tampa Bay Downs.
NTRA Joins the Economic Investment Alliance to Advocate for Bonus Depreciation
NTRA has joined more than two dozen major companies and business trade groups in advocating to prevent beneficial tax provisions from the Tax Cuts and Jobs Act of 2017 from winding down over the next few years. This coalition, called the Economic Investment Alliance, wants lawmakers to permanently let businesses utilize 100% bonus depreciation. 100% bonus depreciation is one of several tax items in the GOP tax bill that are cherished by not only the thoroughbred industry, but the broader business community. The Tax Cuts and Jobs Act of 2017 increased bonus depreciation to 100% until this year, when it was phased down to 80%. Each year it phases down an additional 20% until it becomes completely phased out in 2027. The Economic Investment Alliance wants an extension of 100% bonus depreciation included in the soonest possible legislative vehicle, arguing the policy stimulates economic growth by encouraging business spending right away, which the coalition contends comes especially in handy during economic uncertainty.
Learn more about the Economic Investment Alliance HERE.
Employers May File H-2B Petitions for FY 2023 Late Second Half Returning Workers
Starting April 13, 2023, USCIS began accepting petitions for workers for the late second half of fiscal year (FY) 2023, requesting employment start dates from May 15, 2023, to Sept. 30, 2023 under the H-2B supplemental cap temporary final rule. The 10,000 visas made available under this allocation are limited to returning workers who were issued H-2B visas or held H-2B status in fiscal years 2020, 2021, or 2022, regardless of country of nationality.
On Dec. 15, 2022, the Department of Homeland Security (DHS) and the Department of Labor (DOL) jointly published a temporary final rule increasing the numerical limit (or cap) on H-2B nonimmigrant visas by up to 64,716 additional visas for all of FY 2023. Of the 64,716 additional visas, 44,716 are available only for returning workers (workers who received an H-2B visa or were otherwise granted H-2B status in one of the last three fiscal years).
NTRA will continue to advocate before Congress for the passage of permanent solutions to temporary worker issues in the Thoroughbred industry.
Additional information on the FY 2023 supplemental visas is available on the Temporary Increase in H-2B Nonimmigrant Visas for FY 2023 page.