Senate Passes Spending Bill With HISA Language in Place

The U.S. Senate passed a $1.7 trillion omnibus spending bill Dec. 22 that continues funding federal agencies and includes language meant to help the Horseracing Integrity and Safety Authority withstand legal challenges.

The bill passed by a vote of 68-29 and now goes to the U.S. House of Representatives for possible changes and a vote before it can be sent to President Joe Biden to be signed into law.

The HISA-clarifying language, one small part of the massive 4,155-page spending bill, provides more authority for the Federal Trade Commission to "abrogate, add to, and modify the rules of the Authority." This comes after a U.S. Fifth Circuit Court of Appeals ruling last month determined that HISA's enabling legislation was unconstitutional, with judges questioning if the Authority was subordinate to the FTC.

Further challenges are still working their way through the courts, with a HISA-related ruling pending in the U.S. Sixth Circuit Court of Appeals over similar constitutional questions.

Earlier this week, Senators Chuck Grassley (R-IA) and Joe Manchin (D-WV) announced their intention to file an amendment to strip changes to HISA from the spending bill, but that move was not included in the amendment vote package that came before the Senate for a vote. 

HISA, a private organization, was created by Congress in late 2020 to establish and enforce a national uniform set of rules in Thoroughbred racing. The implementation of its planned anti-doping and medication control rules has been delayed following the Fifth Circuit ruling.