Trying to replace the Horseracing Integrity Act will move the sport backwards | Opinion

Five years ago, Thoroughbred racing faced a crisis of confidence. A rash of equine fatalities and a series of high-profile federal doping indictments made headlines and exposed the sport’s vulnerabilities. These events were symptoms of a state-based regulatory system that was fractured, outdated and fundamentally unfit for the demands of modern-day sports integrity and safety.

That’s why the NTRA was – and still is – proud to support the Horseracing Integrity and Safety Act. The Act, for the first time, brought national uniformity to a sport long governed by an inconsistent patchwork of regulations that kept states siloed from each other. HISA has implemented a modern approach to enforceable, science-based standards by harnessing the value of technological innovation to mine data to create effective anti-doping, medication control and racetrack safety programs. In doing so, it created a level playing field for competitors and indisputably improved the welfare of horses and jockeys.

Since taking effect in July 2022, the Act has produced measurable, transformative results. Last year, the equine fatality rate at HISA tracks decreased to just 0.90 fatalities per 1,000 starts – the lowest level ever recorded and nearly half the rate of non-HISA tracks. Racing has never been safer.

But safety is just part of the story. The Horseracing Integrity & Welfare Unit (HIWU) has overhauled an outdated, fragmented laboratory system that was plagued by inconsistent standards, siloed data and questionable oversight. In less than two years, HIWU has harmonized the vast majority of equine drug testing in the U.S., reducing the number of labs used from more than two dozen to just four high-quality, synchronized labs.

This progress has also helped restore the sport’s social license – especially among younger audiences who now see accountability, transparency and the well-being of animals as non-negotiable. This has attracted new owners to Thoroughbred racing and allowed social media influencers and others to feel comfortable supporting the sport. Racing is no longer on the defensive; it’s beginning to move forward.

Despite these advances, some in the industry are trying to dismantle HISA through the so-called Racehorse Health and Safety Act (RHSA), which would return the sport to the discredited, state-based model that failed for decades. As a former member of Congress, I know sound policy – RHSA isn’t it. It was a poor alternative when introduced in 2023, and that’s even clearer today. Supporters frame it as a “repeal and replace” plan, but the “replace” is nearly impossible. For RHSA to work nationally, not only would Congress have to pass it, but every racing state would need to adopt identical legislation – an unrealistic scenario.

Rather than wait for a final ruling from the U.S. Supreme Court on the Act’s constitutionality, which every federal court but one has upheld, RHSA’s few Congressional proponents are attempting to push through a flawed replacement that would return the sport to a broken, pre-HISA system. The Fifth Circuit is the only appellate court to find the Act unconstitutional, and the U.S. Supreme Court took the extraordinary step of pausing that decision — recognizing that halting an effective regulatory program would cause dire consequences.

Let’s be clear: RHSA is not a step forward. It’s an attempt to turn back the clock that would recreate the very conditions that allowed the sport’s crisis to take root. HISA is the sport’s best chance to grow, evolve, thrive and build a stronger future for generations to come.

Tom Rooney is President and Chief Executive Officer of the National Thoroughbred Racing Association (NTRA).