Biden Signs Omnibus Bill With HISA Language Into Law

As expected following passage from the House of Representatives and the U.S. Senate, President Joe Biden on Dec. 29 signed into law a $1.7 trillion omnibus spending bill that among its many items contained legal clarifying language related to the Horseracing Integrity and Safety Authority and the act that authorized it. Additionally, the bill, known as H.R. 2617, the “Consolidated Appropriations Act, 2023,” calls for consolidated appropriations for the fiscal year ending Sept. 30, 2023, and provides emergency defense assistance to Ukraine.

HISA was created to implement national, uniform rules in Thoroughbred racing. The first of HISA's two programs, the Racetrack Safety Program, had already gone into effect in July of this year. It was HISA's second program, the Anti-Doping and Medication Control Program, that was placed on hold. The ADMC program was originally slated to go into effect Jan. 1, 2023, but its implementation, even with the passage of H.R. 2617, remains delayed.

Two years after first being signed into federal law in 2020 by President Donald Trump, HISA was ruled unconstitutional Nov. 18 by the U.S. Fifth Circuit Court of Appeals. The ruling stated that HISA, a private entity, was not subordinate to the Federal Trade Commission. Soon after the ruling, the FTC issued an order disapproving the proposed Anti-Doping and Medication Control rule submitted by HISA.

With the new HISA-clarifying language added, the entity provides more authority for the Federal Trade Commission to "abrogate, add to, and modify the rules of the Authority."