NTRA Update on Federal Legislation and other industry news

February 28, 2023

Tom Rooney meets with Senator Dianne Feinstein (D-CA) in her office on Capitol Hill, to discuss issues impacting the Thoroughbred industry. (Photo courtesy of Sen. Feinstein)  

• Tom Rooney Issues Statement on HISA
NTRA Submits Public Comments to the Federal Register Supporting the Approval of HISA’s Anti-Doping and Medication Control Rule
• Cap Reached for Additional Returning Worker H-2B Visas for the First Half of FY 2023
• Spotlight on the National Horseplayers Championship

NTRA Newsletter

WASHINGTON, D.C.—As this new Congress begins its work, it is increasingly important to understand the latest policy developments and potential impacts to the racing industry. NTRA will present updated information monthly.

NTRA President and CEO Tom Rooney issued a statement in strong support of the Horseracing Integrity and Safety Authority to push back on unfounded criticisms on the law. Rooney served in Congress for five-terms and served in the Army JAG Corps, where he taught Constitutional and Criminal Law at the United States Military Academy at West Point. The full statement is listed below: 

“As a former instructor of constitutional and criminal law at the United States Military Academy, I implored upon the cadets that we are a nation of laws, not of emotional disinformation. Article III of the Constitution gives the courts the task of interpreting the laws to determine constitutionality and that process is exactly what is happening right now with HISA.”

“HISA is the law of the land and has been challenged in the courts. In this country constitutionality is not determined by those who may disagree with the language of the law but rather by the courts. HISA was written and passed by Members of Congress and signed originally by President Trump, then amended and signed by President Biden to make our industry better. Petitioning Members of Congress to deem the law unconstitutional is inconsistent with our system of government going back to Marbury vs. Madison, unless these efforts are made to repeal the law and replace it with new legislation. Unfortunately, that is not what opponents of the law appear to be seeking. It is therefore my opinion that these opponents are misguided and are serving as a distraction from actually making the Thoroughbred industry safer and better for everyone.”

“The fact of the matter is the Thoroughbred racing industry has needed change for quite some time. We all know that. The path we were going down was unfair and unsafe, and after some challenging years we could not as an industry keep doing business as usual. Since the passage and implementation of HISA, we as an industry have made strides that can help preserve horse racing so that future generations can also enjoy it. HISA has been very collaborative, has sought to work with everyone, and has always led with a call for unity. With minimum standards of fairness as set by HISA across the country, Thoroughbred racing will be more competitive and more fun. While we await final verdicts from the courts we must continue to work together as an industry to improve our sport, so the dream of future generations enjoying horse racing can become a reality.”

NTRA Submits Public Comments to the Federal Register Supporting the Approval of HISA’s Anti-Doping and Medication Control Rule

The Horseracing Integrity and Safety Act of 2020 recognizes a self-regulatory nonprofit organization, the Horseracing Integrity and Safety Authority, which is charged with developing proposed rules on a variety of subjects. Those proposed rules and later proposed rule modifications take effect only if approved by the Federal Trade Commission (FTC). The proposed rules and rule modifications must be published in the Federal Register for public comment. The Federal Register is the official daily publication for rules, proposed rules, and notices of federal agencies and organizations. The public comment process for the Federal Register typically involves publishing a notice of proposed rulemaking, which provides the public with an opportunity to submit comments on the proposed rule or regulation. Comments are reviewed and considered by the agency before a final rule is issued.

The FTC has 60 days from the date of publication to approve or disapprove the proposed rule or rule modification. HISA submitted to the FTC their proposed rule on Anti-Doping and Medication Control on December 30, 2022. On February 9, 2023, NTRA submitted comments requesting for the approval of HISA’s Anti-Doping and Medication Control Rule. With the implementation of the Anti-Doping and Medication Control Rule the industry will finally have a minimum standard of fairness as set by HISA across the country resulting in a safer and more competitive sport. If approved, the Anti-Doping and Medication Control Rule will go into effect on March 27, 2023.

Read the full comments HERE.

Cap Reached for Additional Returning Worker H-2B Visas for the First Half of FY 2023

U.S. Citizenship and Immigration Services (USCIS) announced on January 31 they have received enough petitions to reach the cap for the additional 18,216 H-2B visas made available for returning workers for the first half of fiscal year (FY) 2023 with start dates on or before March 31, 2023, under the recently announced H-2B supplemental cap temporary final rule. In addition, USCIS has recently begun accepting H-2B petitions under the December 15 temporary final rule increasing the cap by up to 64,716 additional H-2B nonimmigrant visas for fiscal year FY 2023. Of the 64,716 additional visas, 44,716 were available only for returning workers. 

NTRA will continue to advocate before Congress for the passage of permanent solutions to temporary worker issues in the Thoroughbred industry. To learn more about this, click HERE.

David Harrison 2022 NHC Champ with NTRA President Tom Rooney. (NTRA Photo)

Spotlight on the National Horseplayers Championship

Coming up this month in Las Vegas is one of NTRA’s capstone events, the National Horseplayers Championship (NHC), presented by Racetrack Television Network, Caesars Entertainment and Horseshoe Las Vegas. The NHC is the world’s richest and most prestigious handicapping tournament of the year for horseplayers and is the culmination of a year-long series of NTRA-sanctioned tournaments conducted by racetracks, casino race books, off-track betting facilities, and horse racing and handicapping websites, each of which sends its top qualifiers to the national finals. Hosted at the aptly named Horseshoe Las Vegas, this year’s near 650 participants will all descend on Sin City in the hopes of winning an Eclipse Award and the title Horseplayer of the Year. Tune in on FanDuel TV, NTRA social media outlets, and YouTube to catch a glimpse of this year’s excitement.

“For a different and unique perspective on horse racing, I read Jonathan Stettin’s Past the Wire.” Mike Smith, Hall of Fame, Triple Crown winning jockey

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