United States Code
USC most recently checked for updates: Jun 09, 2025
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.
Five members of the Board shall be independent members selected from outside the equine industry.
Four members of the Board shall be industry members selected from among the various 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.
The chair of the Board shall be an independent member described in paragraph (1)(A).
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.
A majority of the members shall be independent members selected from outside the equine industry.
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.
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.
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).
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.
A majority of the members shall be independent members selected from outside the equine industry.
A minority of the members shall be industry members selected to represent the various equine constituencies.
The chair of the racetrack safety standing committee shall be an industry member of the Board described in subsection (b)(1)(B).
The nominating committee of the Authority shall be comprised of seven independent members selected from business, sports, and academia.
The initial nominating committee members shall be set forth in the governing corporate documents of the Authority.
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.
The chair of the nominating committee shall be selected by the nominating committee from among the members of the nominating committee.
The nominating committee shall select the initial members of the Board and the standing committees described in subsection (c).
The nominating committee shall recommend individuals to fill any vacancy on the Board or on such standing committees.
Initial funding to establish the Authority and underwrite its operations before the program effective date shall be provided by loans obtained by the Authority.
The Authority may borrow funds toward the funding of its operations.
The initial budget of the Authority shall require the approval of ⅔ of the Board.
Any subsequent budget that exceeds the budget of the preceding calendar year by more than 5 percent shall require the approval of ⅔ of the Board.
A proposed increase in the amount required under this subparagraph shall be reported to the Commission.
The Commission shall publish in the Federal Register such a proposed increase and provide an opportunity for public comment.
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.
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.
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.
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.
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.
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.
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.
Covered persons described in subparagraph (B) shall be required to remit such fees to the Authority.
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.
Fees and fines imposed by the Authority shall be allocated toward funding of the Authority and its activities.
For all items where Board approval is required, the Authority shall have present a majority of independent members.
