A bipartisan trio of Congressional members introduced legislation that would repeal and replace the Horseracing Integrity and Safety Act (HISA) if enacted into law.
Sen. Tom Cotton, an Arkansas Republican, Rep. Clay Higgins, a Louisiana Republican, and Rep. Don Davis, a North Carolina Democrat, introduced the Racehorse Health and Safety Act (RHSA) to improve the integrity and safety of racehorses, as well as resume state sovereignty.
“Government overreach is impacting industries across our nation with rules in places where they have no business being,” says Higgins, who originally introduced the bill in 2023. “The well-intentioned disaster of HISA proved that enforcing uniformed rules in horse racing plagues the industry with confusion and disruption. This legislation is rooted in science and draws from industry experts. It is of horsemen, by horsemen, and for horsemen. We must push back against federal oppression and protect the horse racing industry and the beautiful animals we love.”
HISA has seen multiple legal challenges since becoming law. The U.S. Court of Appeals for the Fifth Circuit ruled July 8, 2024, that the law’s enforcement provisions violate the private nondelegation doctrine. HISA continues to be operational after the Supreme Court temporarily halted the Fifth Circuit Court’s ruling Sept. 23 while it considers the case. The Supreme Court decided not to hear the case during that term and can decide to hear it in the future.
In addition to repealing HISA, the bill would create the Racehorse Health and Safety Organization (RHSO) comprising a Board of Directors that are appointed by the state racing commissions. The board would create three Scientific Medication Control Committees for each racing breed — Thoroughbreds, Standardbreds and Quarter Horses.
A Racetrack Safety Committee would be formed that recommends breed-specific rules. The RHSO will be tasked with investigating violations, while state racing commissions will enforce rules. States can take up to 2 years to determine whether they will participate.
The bill is backed by the National Horsemen’s Benevolent & Protective Association (NHBPA) and several of its chapters, as well as the U.S. Trotting Association (USTA) and the North American Association of Racetrack Veterinarians (NAARV).
“The Horseracing Integrity and Safety Authority is a deeply flawed institution — one that not only harms the industry but also restricts veterinarians from providing the best possible care to their equine athletes,” says Dr. Nicholas Meittinis, president of the NAARV.
Tom Rooney, president and CEO of the National Thoroughbred Racing Association, says repealing HISA would have wide-ranging consequences.
“While we still have work to do, it is important to acknowledge the progress that [HISA CEO] Lisa Lazarus and her team at HISA have made when it comes to making our great sport as safe as possible, and the numbers back that up,” Rooney says. “We at the NTRA are grateful that our sport has largely complied and put the safety and integrity of our athletes first. We must always strive to continue to be better and will work to incorporate the rest of our industry so that our great sport survives for generations to come. Now is not the time to go backward and abandon the progress we've made. Repealing HISA would do just that.”
HISA did not immediately respond to a request for comment.