### §3052. Recognition of the Horseracing Integrity and Safety Authority

#### (a) In general

The private, independent, self-regulatory, nonprofit corporation, to be known as the "Horseracing Integrity and Safety Authority", is recognized for purposes of developing and implementing a horseracing anti-doping and medication control program and a racetrack safety program for covered horses, covered persons, and covered horseraces.

#### (b) Board of directors

#### (1) Membership

The Authority shall be governed by a board of directors (in this section referred to as the "Board") comprised of nine members as follows:

#### (A) Independent members

Five members of the Board shall be independent members selected from outside the equine industry.

#### (B) Industry members

#### (i) In general

Four members of the Board shall be industry members selected from among the various equine constituencies.

#### (ii) Representation of equine constituencies

The industry members shall be representative of the various equine constituencies, and shall include not more than one industry member from any one equine constituency.

#### (2) Chair

The chair of the Board shall be an independent member described in paragraph (1)(A).

#### (3) Bylaws

The Board of the Authority shall be governed by bylaws for the operation of the Authority with respect to—

(A) the administrative structure and employees of the Authority;

(B) the establishment of standing committees;

(C) the procedures for filling vacancies on the Board and the standing committees;

(D) term limits for members and termination of membership; and

(E) any other matter the Board considers necessary.

#### (c) Standing committees

#### (1) Anti-doping and medication control standing committee

#### (A) In general

The Authority shall establish an anti-doping and medication control standing committee, which shall provide advice and guidance to the Board on the development and maintenance of the horseracing anti-doping and medication control program.

#### (B) Membership

The anti-doping and medication control standing committee shall be comprised of seven members as follows:

#### (i) Independent members

A majority of the members shall be independent members selected from outside the equine industry.

#### (ii) Industry members

A minority of the members shall be industry members selected to represent the various equine constituencies, and shall include not more than one industry member from any one equine constituency.

#### (iii) Qualification

A majority of individuals selected to serve on the anti-doping and medication control standing committee shall have significant, recent experience in anti-doping and medication control rules.

#### (C) Chair

The chair of the anti-doping and medication control standing committee shall be an independent member of the Board described in subsection (b)(1)(A).

#### (2) Racetrack safety standing committee

#### (A) In general

The Authority shall establish a racetrack safety standing committee, which shall provide advice and guidance to the Board on the development and maintenance of the racetrack safety program.

#### (B) Membership

The racetrack safety standing committee shall be comprised of seven members as follows:

#### (i) Independent members

A majority of the members shall be independent members selected from outside the equine industry.

#### (ii) Industry members

A minority of the members shall be industry members selected to represent the various equine constituencies.

#### (C) Chair

The chair of the racetrack safety standing committee shall be an industry member of the Board described in subsection (b)(1)(B).

#### (d) Nominating committee

#### (1) Membership

#### (A) In general

The nominating committee of the Authority shall be comprised of seven independent members selected from business, sports, and academia.

#### (B) Initial membership

The initial nominating committee members shall be set forth in the governing corporate documents of the Authority.

#### (C) Vacancies

After the initial committee members are appointed in accordance with subparagraph (B), vacancies shall be filled by the Board pursuant to rules established by the Authority.

#### (2) Chair

The chair of the nominating committee shall be selected by the nominating committee from among the members of the nominating committee.

#### (3) Selection of members of the Board and standing committees

#### (A) Initial members

The nominating committee shall select the initial members of the Board and the standing committees described in subsection (c).

#### (B) Subsequent members

The nominating committee shall recommend individuals to fill any vacancy on the Board or on such standing committees.

#### (e) Conflicts of interest

To avoid conflicts of interest, the following individuals may not be selected as a member of the Board or as an independent member of a nominating or standing committee under this section:

(1) An individual who has a financial interest in, or provides goods or services to, covered horses.

(2) An official or officer—

(A) of an equine industry representative; or

(B) who serves in a governance or policymaking capacity for an equine industry representative.

(3) An employee of, or an individual who has a business or commercial relationship with, an individual described in paragraph (1) or (2).

(4) An immediate family member of an individual described in paragraph (1) or (2).

#### (f) Funding

#### (1) Initial funding

#### (A) In general

Initial funding to establish the Authority and underwrite its operations before the program effective date shall be provided by loans obtained by the Authority.

#### (B) Borrowing

The Authority may borrow funds toward the funding of its operations.

#### (C) Annual calculation of amounts required

#### (i) In general

Not later than the date that is 90 days before the program effective date, and not later than November 1 each year thereafter, the Authority shall determine and provide to each State racing commission the estimated amount required from the State—

(I) to fund the State's proportionate share of the horseracing anti-doping and medication control program and the racetrack safety program for the next calendar year; and

(II) to liquidate the State's proportionate share of any loan or funding shortfall in the current calendar year and any previous calendar year.

#### (ii) Basis of calculation

The amounts calculated under clause (i) shall—

(I) be based on—

(aa) the annual budget of the Authority for the following calendar year, as approved by the Board; and

(bb) the projected amount of covered racing starts for the year in each State; and

(II) take into account other sources of Authority revenue.

#### (iii) Requirements regarding budgets of Authority

#### (I) Initial budget

The initial budget of the Authority shall require the approval of 2/3 of the Board.

#### (II) Subsequent budgets

Any subsequent budget that exceeds the budget of the preceding calendar year by more than 5 percent shall require the approval of 2/3 of the Board.

#### (iv) Rate increases

#### (I) In general

A proposed increase in the amount required under this subparagraph shall be reported to the Commission.

#### (II) Notice and comment

The Commission shall publish in the Federal Register such a proposed increase and provide an opportunity for public comment.

#### (2) Assessment and collection of fees by States

#### (A) Notice of election

Any State racing commission that elects to remit fees pursuant to this subsection shall notify the Authority of such election not later than 60 days before the program effective date.

#### (B) Requirement to remit fees

After a State racing commission makes a notification under subparagraph (A), the election shall remain in effect and the State racing commission shall be required to remit fees pursuant to this subsection according to a schedule established in rule developed by the Authority and approved by the Commission.

#### (C) Withdrawal of election

A State racing commission may cease remitting fees under this subsection not earlier than one year after notifying the Authority of the intent of the State racing commission to do so.

#### (D) Determination of methods

Each State racing commission shall determine, subject to the applicable laws, regulations, and contracts of the State, the method by which the requisite amount of fees, such as foal registration fees, sales contributions, starter fees, and track fees, and other fees on covered persons, shall be allocated, assessed, and collected.

#### (3) Assessment and collection of fees by the Authority

#### (A) Calculation

If a State racing commission does not elect to remit fees pursuant to paragraph (2) or withdraws its election under such paragraph, the Authority shall, not less frequently than monthly, calculate the applicable fee per racing start multiplied by the number of racing starts in the State during the preceding month.

#### (B) Allocation

The Authority shall allocate equitably the amount calculated under subparagraph (A) collected among covered persons involved with covered horseraces pursuant to such rules as the Authority may promulgate.

#### (C) Assessment and collection

#### (i) In general

The Authority shall assess a fee equal to the allocation made under subparagraph (B) and shall collect such fee according to such rules as the Authority may promulgate.

#### (ii) Remittance of fees

Covered persons described in subparagraph (B) shall be required to remit such fees to the Authority.

#### (D) Limitation

A State racing commission that does not elect to remit fees pursuant to paragraph (2) or that withdraws its election under such paragraph shall not impose or collect from any person a fee or tax relating to anti-doping and medication control or racetrack safety matters for covered horseraces.

#### (4) Fees and fines

Fees and fines imposed by the Authority shall be allocated toward funding of the Authority and its activities.

#### (5) Rule of construction

Nothing in this chapter shall be construed to require—

(A) the appropriation of any amount to the Authority; or

(B) the Federal Government to guarantee the debts of the Authority.

#### (g) Quorum

For all items where Board approval is required, the Authority shall have present a majority of independent members.

(Pub. L. 116–260, div. FF, title XII, §1203, Dec. 27, 2020, 134 Stat. 3253.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in subsec. (f)(5), was in the original "this Act" and was translated as reading "this title", meaning title XII of div. FF of Pub. L. 116–260, to reflect the probable intent of Congress.