National HBPA’s Hamelback on Sen. Grassley demanding FTC, HISA answer ‘questions we have been asking for months without response’

Seven-term U.S. Senator Chuck Grassley of Iowa, the second-most senior Member of the United States Senate, and three of his colleagues yesterday sent a letter to the Federal Trade Commission (FTC) and the Horseracing Integrity and Safety Authority (Authority) asking for answers to questions about their failure to comply with the Horseracing Integrity and Safety Act’s (HISA) implementation deadline of July 1.

Senator Grassley (R-IA) was joined by Senators Joni Ernst (R-IA), John Kennedy (R-LA) and Joe Manchin (D-WV) in signing the letter.

“We join our Iowa affiliate in praising Senator Chuck Grassley and his Senate colleagues for taking a leadership role in demanding answers to many of the same questions we have been asking for months without response,” said Eric Hamelback, CEO of the National HBPA (NHBPA).

“Hardworking, day-to-day horsemen and horsewomen want safe and clean horse racing, and the Authority is failing in its duty to realize this goal. The Authority and HISA staff are populated with members who do not offer a true inclusive representation for the entire industry, and because of that we are seeing what lack of proper input from all participants causes. They are brazenly violating federal law by missing deadlines and staff are admitting in public forums that the FTC gave them permission to do so. We fully support Senator Grassley’s efforts to find out why this is happening.”

The letter requests that the Authority and the FTC answer a number of critically important questions:

  • It is the NHBPA’s understanding that only Congress can change the effective date of HISA, and the Authority is violating the Act by unilaterally picking different implementation dates. On this point, the letter asks, “Why will the Authority not meet the statutory deadline of July 1, 2022 to implement the Anti-Doping and Medication Control Program? Why did the Authority fail to issue a rule for Anti-Doping Control not later than 120 days before the program effective date as required by HISA? What statutory authority did the Authority rely on to waive this deadline?
  • It is the NHBPA’s understanding that even though the Racetrack Safety Rules and regulations have been approved by the FTC, that the Authority is still not fully ready to implement the program. They are calling for other delays, too, including the horseshoes requirements and riding crop specifications. The Authority is set to implement HISA in a piecemeal approach, which will make compliance difficult for everyone. On this point, the letter asks, “Were industry experts and all relevant stakeholders consulted in the initial drafting of these rules?”
  • It is evident to the NHBPA that the Act (and horsemen) would benefit from an amendment addressing the program effective date. It would provide more time for the Authority, the enforcement agency, industry participants, and stakeholders to adjust to and implement the new rules and regulations. On this point, the letter asks, “Are there any statutory deadlines that either the Authority or FTC, given your technical expertise, recommend Congress extending statutorily? If so, what date would you recommend Congress extend these statutory deadlines to?”

The HBPA will continue to request clarification from the Authority as the industry quickly approaches the July 1 deadline.

Related: Iowa HBPA applauds Senator Grassley for asking FTC, HISA hard questions

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