Anti-doping programme falters as Usada exits talks to be its enforcement agency

The Horseracing Integrity and Safety Authority (Hisa) announced on Thursday the suspension of negotiations on the potential future role of the United States Anti-Doping Agency (Usada) as the independent enforcement agency for Hisa's Anti-Doping and Medication Control (ADMC) programme.

The suspension comes six months before the implementation of new federal rules overseeing horseracing, which is set to begin in stages starting on July 1.

The Horseracing Integrity and Safety Act of 2020 calls for an independent enforcement agency and Hisa had been engaged in negotiations with Usada to fill that role but the two organisations were unable to reach final terms. To date, Usada has led the process of authoring draft rules for Hisa's ADMC program.

As set forth in the Hisa statute, the authority is evaluating options for engagement with other leading independent enforcement agencies.

That statute states that if the authority and Usada are unable to enter into an agreement, the authority can do so with "an entity that is nationally recognised as being a medication regulation agency equal in qualification to the United States Anti-Doping Agency" for services "consistent with the horseracing anti-doping and medication control programme".

The initial intention to have Usada as Hisa's anti-doping agency was well received, with the organisation having years of respected investigative work and due to it being the national anti-doping organisation in the United States for Olympic, Paralympic, Pan American, and Parapan American sport.

The draft racetrack safety regulations submitted to the Federal Trade Commission (FTC) this month will be implemented as scheduled by the FTC on July 1 following review, public comment, and education periods.

"We're deeply disappointed to announce that we've been unable to reach an agreement with the Horseracing Integrity and Safety Authority for Usada to become the enforcement agency for the anti-doping and medication control program for thoroughbred racing under the Horseracing Integrity and Safety Act," Usada CEO Travis Tygart said in a statement.

"After months of negotiations, we've been unable to enter an agreement in line with the requirements of the act, and one which would have given us a reasonable chance to put in place a credible and effective programme. While we are obviously saddened by the outcome at this stage, we tried our absolute best to find a way forward but without success.

"While we desperately tried to reach an agreement to implement the programme, without compromising our values, we have always said the passing of the legislation and the finalisation of uniform, robust rules are huge victories for the horses and the equine industry.

"We're honoured to have been involved with these efforts to restore the integrity of thoroughbred horse racing. Though we're unsure what the future holds for Usada, if any, in this effort, we've offered to assist the authority and others in the industry to ensure the sport gets the programme it needs and that the horses deserve."

The suspension of negotiations comes just weeks after Hisa and Usada representatives spoke at the University of Arizona's Global Symposium on Racing on December 7, with Jeff Cook, Usada general counsel, outlining some of the proposed rules for medication infractions.

There will be a temporary delay in submission of the Anti-Doping and Medication Control draft rules to the FTC until a new independent agency can be identified and an agreement finalised. This will allow Hisa and another independent enforcement agency to reach an agreement and build on the progress that has been made to date with Usada. Hisa anticipates this process will permit the full implementation of the final ADMC rules in early 2023.

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