Congress must overturn ineffective, oppressive Horseracing Safety and Integrity Act

President Reagan once said that the nine most terrifying words in the English language are: “I’m from the government, and I’m here to help.” 

In December 2020, Congress passed the Horseracing Safety and Integrity Act (HISA) through an omnibus bill. HISA was passed with the intention of bringing uniformity to the horse racing industry by establishing a wide set of rules that would be implemented and enforced by the Horseracing Integrity and Safety Authority. 

HISA and its Authority have proven to be a well-intentioned disaster. For over two years now, horsemen and racetracks across the country have been plagued by confusion and disruption that reflect anything but uniformity and accountability. 

First, the Authority failed to reach an agreement with the U.S. Anti-Doping Agency to implement its medication control rules. This failure caused it to miss its statutory deadline to implement the rules by July 1, 2022. Second, the Authority’s new horseshoe rules caused a shortage of compliant horseshoes in the country. Third, its ban on toe grabs, or cleats, on horseshoes had to be delayed and partially reversed for safety concerns. These and many other delays and failed rollouts have turned horseracing upside down. 

Like most efforts in Washington that intend to improve private industries, this legislation proved to be a well-intentioned disaster. For over two years, horsemen and racetracks across the country have been plagued by confusion and disruption that reflects anything but uniformity and accountability. HISA has turned horse racing upside down, and its very existence threatens the future of the industry. 

Since its conception, HISA has been riddled with legal setbacks and has even been deemed unconstitutional in the circuit courts. Tragically, 12 racehorses died in only six weeks of racing this summer at Churchill Downs racetrack, home to the industry’s biggest event, the Kentucky Derby. These deaths occurred despite Churchill Downs being in full compliance with HISA rules. Sadly, the racetrack was forced to shut down, and races were moved to another track. Despite spending millions, the Authority recently failed to identify the cause of the problem. HISA is solely responsible for failing to prevent this catastrophe, and its continued existence threatens the future of the horseracing industry. HISA was a bad idea in 2020. I opposed it then, and I’m leading the effort to repeal it now. 

It is time to put HISA to sleep. My office will work together with industry stakeholders and my colleagues in Congress on both sides of the aisle to provide an alternative to HISA that serves the best intentions of horsemen across the country. 

The Racehorse Health and Safety Act is a solution to a problem. It is of horsemen, by horsemen, and for horsemen. It is rooted in science and draws from the greatest experts in the industry. It is cost effective by relying on existing state racing commission resources, and it is transparent and constitutional. It protects horses and horsemen while reasserting state sovereignty and pushing back against federal oppression. 

Clay Higgins represents Louisiana’s 3rd District.