The $1.7 trillion spending package to keep the government funded through the end of September includes an update to the Horseracing Integrity and Safety Act, a bill passed two years ago to establish nationwide oversight of the horse racing industry and a major priority of Kentucky lawmakers.

The bill passed the Senate on Thursday in a bipartisan 68-29 vote.

What You Need To Know

  • The Horseracing Integrity and Safety Act, created to streamline the racing industry, has faced several legal challenges since it’s creation

  • A Fifth Circuit Court of Appeals recently ruled HISA was unconstitutional

  • One of the legislative proposals added to the spending bill would update HISA to address the court’s concerns

One such Kentucky lawmaker, Senate Minority Leader Mitch McConnell, said that even though Republicans are not in the majority, the more than 4,000 page omnibus spending bill includes a number of wins for his party.

“I’m pretty proud of the fact that with a Democratic president, a Democratic House and a Democratic Senate, we were able to achieve, through this omnibus spending bill, essentially all of our priorities,” McConnell told reporters earlier this week.

Rep. Andy Barr, R-Ky., who helped push to pass HISA legislation in the House, praised the act's provisions in an interview with Spectrum News in May, during the Kentucky Derby.

“We are very excited about this new legislation we passed,” Barr said. “The Horseracing Integrity and Safety Act is going to usher in a new era of uniformity, safety and integrity that’s going to make sure American thoroughbred racing has a prosperous future.”

The act has faced various legal challenges since it was passed in 2020. In November, a federal appeals court ruled that it was unconstitutional, saying that Congress had given too much power to the Horseracing Anti-Doping and Medication Control Authority, the independent oversight commission it established to oversee the racing industry.

Congressional leaders are working to fix the piece deemed unconstitutional by adding wording that gives the Federal Trade Commission the ability to oversee the body going forward.

Kathy Hessler, the assistant dean for the Animal Legal Education Initiative at George Washington University, said those members of Congress are attempting, “to make sure that grant of authority is clear and there’s not too much authority is going to a private created entity.”

Hessler said that several groups will likely still want to discuss details even though the new wording addresses the constitutional concerns.

“People can get back into talking more substantively about whether there is enough representation and transparency,” Hessler said.

Eric J. Hamelback, the CEO of the National Horseman’s Benevolent and Protective Association, the group that brought the legal challenge against HISA said in a statement that he was "disheartened that, once again, legislation governing the horseracing industry was crafted in the dark of night with no public hearing and virtually no industry input.”

“Nobody came to us,” Hamelback explained. “There was certainly no reaching out to say we need to sit down and get this amendment right.”

Sen. Chuck Grassley, R-Iowa., and Sen. Joe Manchin, D-W.Va., tried unsuccessfully to strip the HISA clarifying language from the spending bill.

The spending measure heads to the House, which is expected to take it up quickly before sending it to President Joe Biden's desk for his signature.