HISA Announces Suspension of Negotiations with USADA

The Horseracing Integrity and Safety Authority announced Dec. 23 the suspension of negotiations pertaining to the United States Anti-Doping Agency's potential future role as the independent enforcement agency for HISA's Anti-Doping and Medication Control program. The suspension comes roughly six months before the implementation of new federal rules overseeing horse racing is set to begin in stages starting July 1.

The Horseracing Integrity and Safety Act of 2020 calls for an independent enforcement agency. HISA had been engaged in good faith negotiations with USADA to fill that role but the two organizations were unable to reach final terms. To date, USADA has led the process of authoring draft rules for HISA's ADMC program.

As set forth in the HISA statute, the Authority is evaluating options for engagement with other leading independent enforcement agencies.

That statute states that if the Authority and the USADA are unable to enter into an agreement, the Authority can do so with "an entity that is nationally recognized as being a medication regulation agency equal in qualification to the United States Anti-Doping Agency" for services "consistent with the horseracing anti-doping and medication control program."

The USADA is one of numerous anti-doping agencies, with the Fédération Equestre Internationale, which handles anti-doping in equestrian Dressage, and the World Anti-Doping Agency, being another. WADA oversees numerous sports.

The initial intention to have USADA as HISA's anti-doping agency was well received, with the organization having years of respected investigative work and due to it being the national anti-doping organization in the United States for Olympic, Paralympic, Pan American, and Parapan American sport. 

The draft Racetrack Safety regulations submitted to the Federal Trade Commission earlier this month will be implemented as scheduled by the FTC July 1 following review, public comment, and education periods.

"We are deeply disappointed to announce that we have been unable to reach an agreement with the Horseracing Integrity and Safety Authority for USADA to become the enforcement agency for the anti-doping and medication control program for Thoroughbred racing under the Horseracing Integrity and Safety Act," USADA CEO Travis Tygart said in a statement. "After months of negotiations, we have been unable to enter an agreement in line with the requirements of the Act, and one which would have given us a reasonable chance to put in place a credible and effective program. While we are obviously saddened by the outcome at this stage, we tried our absolute best to find a way forward but without success.

"While we desperately tried to reach an agreement to implement the program, without compromising our values, we have always said the passing of the legislation and the finalization of uniform, robust rules are huge victories for the horses and the equine industry. We are honored to have been involved with these efforts to restore the integrity of Thoroughbred horse racing. Though we are unsure what the future holds for USADA—if any—in this effort, we have offered to assist the Authority and others in the industry to ensure that the sport gets the program it needs and that the horses deserve."

The suspension of negotiations comes just weeks after HISA and USADA representatives spoke at the University of Arizona's Global Symposium on Racing Dec. 7, with Jeff Cook, USADA general counsel, outlining some of the proposed rules for medication infractions.

There will be a temporary delay in submission of the Anti-Doping and Medication Control draft rules to the FTC until a new independent agency can be identified and an agreement finalized. This will allow HISA and another independent enforcement agency to reach an agreement and build on the progress that has been made to date with USADA. HISA anticipates this process will permit the full implementation of the final ADMC rules in early 2023. 

If HISA proceeds with a new anti-doping agency that agrees to the proposed rules, it would not be starting with a clean slate, considered key with such a short window before HISA implementation.

"We are deeply grateful for USADA's hard work, expertise, and leadership in working with HISA's Anti-Doping and Medication Committee to develop comprehensive draft rules in a remarkably short period of time," HISA board chair Charles Scheeler said in a HISA release. "HISA will continue our search for an independent enforcement agency to oversee the Medication Control protocols. The Authority will also work with the FTC to ensure the Racetrack Safety Program advances on schedule. When operational, the program will provide critical enhancements to protect the health and safety of equine and human athletes."

Jim Gagliano, president and chief operating officer of The Jockey Club, a longtime backer of HISA implementation, said, "Obviously, we are deeply disappointed but will reserve any further comment at this point."

Eric Hamelback, CEO of the National Horsemen's Benevolent and Protective Association, whose organization sued in March to halt HISA's implementation, also issued a statement Thursday afternoon.

"The National HBPA continues to stand steadfast behind our belief that the HISA Act is an unconstitutional delegation of authority to a private organization," he said. "With that said, after the events announced today we hope members of the Authority take into strong consideration partnering with an enforcement agency that understands the nuances of the horse-racing industry and recognizes the significant positive strides this industry has made in both safety and integrity. Now would be a perfect opportunity for the Authority to mesh the safety regulations that have been put forth with the best of the model rules currently established throughout the United States."