McConnell, Churchill Back Bill on Medication, Safety

Noting that a Washington Post column calling for the end of horse racing helped him realize the sport was facing some difficult times, Senate Majority Leader Mitch McConnell, a Kentucky Republican, said Aug. 31 that he would introduce legislation in the U.S. Senate to promote fairness and increase safety in the sport.

The McConnell bill, the Horseracing Integrity and Safety Act, will be introduced in September and is similar to bipartisan legislation that has been proposed on the House side by Congressmen Andy Barr (Republican-Kentucky) and Paul Tonko (Democrat-New York) in various forms since 2015. Barr said the most recent form of that bill, the Horseracing Integrity Act of 2019, will be reshaped to mirror McConnell's legislation.

While the House bill called for an independent group to regulate medication rules, policies, testing, and sanctions, the Horseracing Integrity and Safety Act would add track safety to the mix under the Horseracing Integrity and Safety Authority: an independent, non-governmental regulatory body. The new legislation was outlined by McConnell, Barr, and leaders from Churchill Downs Inc., Keeneland, and Breeders' Cup in an Aug. 31 press conference at Keeneland.

While both plans called for independent panel members, the Authority would be selected by a blue ribbon panel, as opposed to the House legislation that gave the United States Anti-Doping Agency say in forming the panel. The blue ribbon panel would select nine members without direct ties to the sport—four of the nine spots would be filled through industry recommendations—and even those four spots will not have current ties to the sport. The Authority would then shape policies and have USADA carry out those initiatives.

Another key difference in the McConnell bill is that it provides a compromise compared with earlier bills that would have outlawed the use of race-day Lasix. While the new bill would still outlaw the use of race-day Lasix, states would be allowed to request a three-year waiver for some races in which they'll be allowed to continue to allow the use of the diuretic used to prevent or reduce the severity of exercise-induced pulmonary hemorrhage. That waiver would not apply to races for 2-year-olds or stakes races, which would not allow Lasix. (Many major tracks and jurisdictions currently do not allow Lasix in juvenile races and plan to expand that prohibition in 2021 to stakes races.)

The changes helped bring prominent track owner Churchill Downs Inc. on board. McConnell said the parties met by phone in the spring to hammer out a plan. CDI CEO Bill Carstanjen noted the track owner wasn't far off from supporting previous legislation.

"We were really always on the same page in terms of, 'Something really needed to be done.' It was just a question of how you do it and how to ensure the longevity of what you're doing," Carstanjen said. "So independence and getting clarity of roles between those enforcing and administering rules and regulations versus those that are creating the rules and regulations. All those detailed issues were things we talked about over the last few years."

McConnell said because there is bipartisan support, there could be movement on the bill as early as this year, perhaps after the November elections. Opinions like the Washington Post column followed after a rash of breakdowns at Santa Anita Park last year and federal indictments this year of nearly 30 people in horse racing, including prominent trainers Jason Servis and Jorge Navarro, on charges related to giving horses performance-enhancing substances.

McConnell noted that without the sport, Kentucky would lose thousands of jobs.

"Kentucky is proud of our distinct horseracing traditions. We must address the challenges the sport faces so we can preserve our heritage and the jobs of over 24,000 Kentuckians who support it," said Senator McConnell. "As Senate Majority Leader, I look forward to working with Congressman Barr and our colleagues across the aisle on our legislation to give federal recognition to the Horseracing Integrity and Safety Authority. Together, we can better protect every competitor and give each of them a fair shot at the winner's circle."  

A number of industry participants and groups issued statements on the proposed legislation. Those follow below:

Craig Fravel, CEO of 1/ST Racing

"1/ST RACING is committed to achieving the highest level of horse care and safety standards in Thoroughbred racing and we strongly urge Congress to consider the adoption of the Horseracing Integrity and Safety Act that will introduce national policies to control medication and regulate anti-doping in the sport of horseracing. 

"At 1/ST RACING our priority is to ensure the safety of our horses and riders and we believe that the investment into equine health and safety is not only the right thing to do, it is crucial to the future of Thoroughbred horseracing. The Horseracing Integrity and Safety Act recognizes that industry stakeholders including the owners, trainers, breeders, jockeys, and racetrack operators must be unified toward a new standard of equine health, safety, and welfare."

NYRA president and CEO Dave O’Rourke

“NYRA has long supported a national approach to medication control and anti-doping across the sport of horse racing. The safety and welfare of the athletes competing at NYRA tracks is our highest priority, which is why NYRA supports the Horseracing Integrity and Safety Act and urges quick consideration by Congress.

"NYRA is committed to providing the safest possible environment for racing and training by adopting and implementing the best proven safety practices in consultation with independent experts, veterinarians, horsemen and regulators.”

Joe Appelbaum, president of the New York Thoroughbred Horsemen's Association

"Horsemen should view today's developments with the Horseracing Integrity and Safety Act with hope. It's been clear for a generation that a systematic approach to equine welfare is needed and this effort is a big step in that direction. The broad changes proposed today by Senator McConnell are a significant improvement on previous drafts of legislation and I'd like to personally commend the industry participants for working together to overcome their differences.

"The real work starts now, as we will need to not only pass this legislation but actually implement its proposals. NYTHA looks forward to working with all parties to ensure that horse racing has a worthy system ensuring the safety of our equine athletes and a level playing field. Our primary stakeholders, horsemen and bettors, deserve nothing less."



Sen. McConnell

"I'm proud to be joined by prominent horse racing leaders in Kentucky as they take the courageous step to increase nationwide safety standards for horses, jockeys, trainers, breeders, and fans. I'm grateful to Congressman Andy Barr for his strong leadership on this important issue."

Rep. Andy Barr

"Today's announcement is the culmination of years of work and negotiation to develop uniform racing standards under one independent regulatory body. The future of the sport depends on fair competition, a level playing field across state lines, as well as the safety and welfare of our equine and human athletes. Now is the time for the horse racing industry to embrace change that will attract a new generation of fans and solidify the future of this special sport. I want to thank Leader McConnell for his partnership on this effort and I look forward to moving this legislation across the finish line." 

Bill Thomason, president and CEO of Keeneland

"This groundbreaking legislation and the collaborative effort behind it speaks to the commitment those of us in the Thoroughbred industry have to establish uniform safety and integrity standards across the U.S. and bring American racing in line with international guidelines. We applaud the leadership of Sen. McConnell and Congressman Barr, who share our passion for horse racing and a dedication to strengthening the future of this great sport."  

Bill Carstanjen, CEO of Churchill Downs Inc.

"It is critical to the future of Thoroughbred racing that the safety and integrity of our sport be governed by world-class, uniform standards across the United States. The leadership of Sen. McConnell and Congressman Barr has been instrumental in our shared goal of bringing the Thoroughbred industry together to achieve this goal."  

Drew Fleming, president and CEO of Breeders' Cup

"This legislation gives us an opportunity to make the single most significant and far-reaching safety and integrity enhancement in the history of Thoroughbred racing by bringing our sport into the 21st century and protecting its future for generations to come.

"While there is more work to do both in Congress and in the racing community, we are now on the path to a safer and more transparent sport thanks to Sen. McConnell's leadership and ability to bring people together around this important non-partisan issue. It has been a privilege to work with Congressman Andy Barr, my chairman Fred Hertrich, and my trusted counterparts at Churchill Downs and The Jockey Club, among many others, to contribute to this initiative for the betterment of our industry."  

Stuart Janney III, chairman of The Jockey Club

"The Jockey Club has long pursued a collaborative solution within our industry to establish national reforms ensuring clean competition and improved safety for horses and humans alike. We express our sincere thanks to Senate Majority Leader Mitch McConnell and organizations such as Breeders' Cup, Churchill Downs Inc., Keeneland, New York Racing Association, and The Stronach Group for working so closely with us on this legislation. We strongly believe that the Horseracing Integrity and Safety Act is vital to developing uniform and effective medication and safety regulations that will enhance the integrity and safety of American horse racing and improve the sport.

"We also applaud Reps. Paul Tonko (D-NY) and Andy Barr (R-KY) and Sens. Kirsten Gillibrand (D-NY) and Martha McSally (R-AZ) for their support and devotion to horse racing and for introducing the original bill into the House and Senate. We will continue to work closely with Congressional co-sponsors, industry stakeholders, and animal welfare organizations in our pursuit of national, uniform standards for drugs, medication, and safety in horse racing."  

Alan Foreman, chairman Thoroughbred Horsemen's Association

"For the past year, the THA has been actively involved with industry leaders in seeking solutions to our medication issues and in enacting rules, policies and protocols to enhance the health, safety and welfare of our horses. It has been our widely expressed view that the original Horseracing Integrity Act, as proposed, should encompass mandatory equine safety and welfare standards for all racetracks and horsemen, and the creation of an investigative and enforcement arm of the industry. 

"While we have yet to see the proposed legislation, it appears that in his Horseracing Integrity and Safety Act, Senator McConnell has substantially incorporated our views. We intend to continue to be a constructive participant since the legislation, if enacted, will require substantial industry support and assistance. 

"Our Association has been a national leader in promoting equine health and safety protocols through the Mid-Atlantic Strategic Plan to Reduce Equine Fatalities and we expect to continue in that role."

Staci Hancock, managing member of Water Hay Oats Alliance

"Without federal legislation mandating that USADA enact 'clean' drug rules, reliable testing, qualified labs, and strict penalties for violators, the sport of American horse racing faces an uncertain future. With Sen. McConnell's leadership and the continued efforts of Reps. Andy Barr and Paul Tonko in the House, WHOA's members look forward to the day when our great sport can rebuild its reputation, protect our beloved horses and their jockeys, and reclaim racing's place as one of America's top spectator sports."  

Kitty Block, CEO of the Humane Society of the United States

"Senate Majority Leader McConnell has stepped up to end widespread doping in American horse racing and to address racetrack safety, the key contributing factors to fatalities on American racetracks. We cannot continue to look the other way when a racehorse is severely injured or killed during training or a race. This measure will advance necessary reforms that will make or break horseracing in the United States."

Eric Hamelback, CEO of the National Horsemen's Benevolent and Protective Association

Today, U.S. Senate Majority Leader Mitch McConnell announced his plans to introduce legislation that purports to set national standards to promote fairness, transparency, and increased safety in Thoroughbred racing.

Sen. McConnell claims to have found compromise within the industry, yet no representative horsemen's groups, horseplayers, or veterinary leadership organizations seem to have been consulted in the collaboration. The National HBPA represents close to 30,000 owners and trainers who want nothing more than increased safety and integrity to secure the strength of the business and our industry.

The greatest concern of the National HBPA is protecting the health and safety of horses. If Sen. McConnell is serious about hearing from tens of thousands of real Kentuckians, as well as horsemen across the country, we stand ready to meet with him. We certainly hope he will meet with us since those pushing this bill have mischaracterized the industry and our views in the past.

As CEO, I can tell you we were never consulted on the recently-announced Horseracing Integrity and Safety Act. Contrary to an erroneous statement made by another elected official at today's announcement, the HBPA was not made aware of any "compromise" negotiations until a deal had already been reached, nor has the board of the National HBPA even been asked for its support. 

Because the legislative text has not yet been released, the National HBPA will reserve final judgement, but we caution our elected leaders to not be misled by the wealthy few who continue to promote federal legislation in service to their own, private interests. Based on what we heard today, we are concerned these elite few continue to hold the reins.