---
kind: "section"
citation: "15 U.S.C. § 3052"
title: "15"
title_heading: "Commerce and Trade"
number: "3052"
heading: "Recognition of the Horseracing Integrity and Safety Authority"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/3052"
units:
  - "Chapter 57A — Horseracing Integrity and Safety"
---

# §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](/usc/15/3051.md?p=1)”, is recognized for purposes of developing and implementing a [horseracing anti-doping and medication control program](/usc/15/3051.md?p=9) and a [racetrack safety program](/usc/15/3051.md?p=16) for [covered horses](/usc/15/3051.md?p=4), [covered persons](/usc/15/3051.md?p=6), and [covered horseraces](/usc/15/3051.md?p=5).
- (b) **Board of directors—**
  - (1) **Membership—** The [Authority](/usc/15/3051.md?p=1) 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](/usc/15/3051.md?p=7).
      - (ii) **Representation of equine constituencies—** The industry members shall be representative of the various [equine constituencies](/usc/15/3051.md?p=7), 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)](#b-1-A).
  - (3) **Bylaws—** The Board of the [Authority](/usc/15/3051.md?p=1) shall be governed by bylaws for the operation of the [Authority](/usc/15/3051.md?p=1) with respect to—
    - (A) the administrative structure and employees of the [Authority](/usc/15/3051.md?p=1);
    - (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](/usc/15/3051.md?p=1) 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](/usc/15/3051.md?p=9).
    - (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](/usc/15/3051.md?p=7), 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)](#b-1-A).
  - (2) **Racetrack safety standing committee—**
    - (A) **In general—** The [Authority](/usc/15/3051.md?p=1) shall establish a [racetrack](/usc/15/3051.md?p=15) safety standing committee, which shall provide advice and guidance to the Board on the development and maintenance of the [racetrack safety program](/usc/15/3051.md?p=16).
    - (B) **Membership—** The [racetrack](/usc/15/3051.md?p=15) 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](/usc/15/3051.md?p=7).
    - (C) **Chair—** The chair of the [racetrack](/usc/15/3051.md?p=15) safety standing committee shall be an industry member of the Board described in [subsection (b)(1)(B)](#b-1-B).
- (d) **Nominating committee—**
  - (1) **Membership—**
    - (A) **In general—** The nominating committee of the [Authority](/usc/15/3051.md?p=1) 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](/usc/15/3051.md?p=1).
    - (C) **Vacancies—** After the initial committee members are appointed in accordance with [subparagraph (B)](#d-1-B), vacancies shall be filled by the Board pursuant to rules established by the [Authority](/usc/15/3051.md?p=1).
  - (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)](#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](/usc/15/3051.md?p=4).
  - (2) An official or officer—
    - (A) of an [equine industry representative](/usc/15/3051.md?p=8); or
    - (B) who serves in a governance or policymaking capacity for an [equine industry representative](/usc/15/3051.md?p=8).
  - (3) An employee of, or an individual who has a business or commercial relationship with, an individual described in paragraph [(1)](#e-1) or [(2)](#e-2).
  - (4) An [immediate family member](/usc/15/3051.md?p=10) of an individual described in paragraph [(1)](#e-1) or [(2)](#e-2).
- (f) **Funding—**
  - (1) **Initial funding—**
    - (A) **In general—** Initial funding to establish the [Authority](/usc/15/3051.md?p=1) and underwrite its operations before the [program effective date](/usc/15/3051.md?p=14) shall be provided by loans obtained by the [Authority](/usc/15/3051.md?p=1).
    - (B) **Borrowing—** The [Authority](/usc/15/3051.md?p=1) 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](/usc/15/3051.md?p=14), and not later than November 1 each year thereafter, the [Authority](/usc/15/3051.md?p=1) shall determine and provide to each [State racing commission](/usc/15/3051.md?p=18) the estimated amount required from the [State](/usc/15/15g.md?p=2)—
        - (I) to fund the [State](/usc/15/15g.md?p=2)’s proportionate share of the [horseracing anti-doping and medication control program](/usc/15/3051.md?p=9) and the [racetrack safety program](/usc/15/3051.md?p=16) for the next calendar year; and
        - (II) to liquidate the [State](/usc/15/15g.md?p=2)’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)](#f-1-C-i) shall—
        - (I) be based on—
          - (aa) the annual budget of the [Authority](/usc/15/3051.md?p=1) 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](/usc/15/15g.md?p=2); and
        - (II) take into account other sources of [Authority](/usc/15/3051.md?p=1) revenue.
      - (iii) **Requirements regarding budgets of Authority—**
        - (I) **Initial budget—** The initial budget of the [Authority](/usc/15/3051.md?p=1) shall require the approval of ⅔ 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 ⅔ 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](/usc/15/3051.md?p=3).
        - (II) **Notice and comment—** The [Commission](/usc/15/3051.md?p=3) 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](/usc/15/3051.md?p=18) that elects to remit fees pursuant to this subsection shall notify the [Authority](/usc/15/3051.md?p=1) of such election not later than 60 days before the [program effective date](/usc/15/3051.md?p=14).
    - (B) **Requirement to remit fees—** After a [State racing commission](/usc/15/3051.md?p=18) makes a notification under [subparagraph (A)](#f-2-A), the election shall remain in effect and the [State racing commission](/usc/15/3051.md?p=18) shall be required to remit fees pursuant to this subsection according to a schedule established in rule developed by the [Authority](/usc/15/3051.md?p=1) and approved by the [Commission](/usc/15/3051.md?p=3).
    - (C) **Withdrawal of election—** A [State racing commission](/usc/15/3051.md?p=18) may cease remitting fees under this subsection not earlier than one year after notifying the [Authority](/usc/15/3051.md?p=1) of the intent of the [State racing commission](/usc/15/3051.md?p=18) to do so.
    - (D) **Determination of methods—** Each [State racing commission](/usc/15/3051.md?p=18) shall determine, subject to the applicable laws, regulations, and contracts of the [State](/usc/15/15g.md?p=2), 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](/usc/15/3051.md?p=6), shall be allocated, assessed, and collected.
  - (3) **Assessment and collection of fees by the Authority—**
    - (A) **Calculation—** If a [State racing commission](/usc/15/3051.md?p=18) does not elect to remit fees pursuant to [paragraph (2)](#f-2) or withdraws its election under such paragraph, the [Authority](/usc/15/3051.md?p=1) shall, not less frequently than monthly, calculate the applicable fee per racing start multiplied by the number of racing starts in the [State](/usc/15/15g.md?p=2) during the preceding month.
    - (B) **Allocation—** The [Authority](/usc/15/3051.md?p=1) shall allocate equitably the amount calculated under [subparagraph (A)](#f-3-A) collected among [covered persons](/usc/15/3051.md?p=6) involved with [covered horseraces](/usc/15/3051.md?p=5) pursuant to such rules as the [Authority](/usc/15/3051.md?p=1) may promulgate.
    - (C) **Assessment and collection—**
      - (i) **In general—** The [Authority](/usc/15/3051.md?p=1) shall assess a fee equal to the allocation made under [subparagraph (B)](#f-3-B) and shall collect such fee according to such rules as the [Authority](/usc/15/3051.md?p=1) may promulgate.
      - (ii) **Remittance of fees—** [Covered persons](/usc/15/3051.md?p=6) described in [subparagraph (B)](#f-3-B) shall be required to remit such fees to the [Authority](/usc/15/3051.md?p=1).
    - (D) **Limitation—** A [State racing commission](/usc/15/3051.md?p=18) that does not elect to remit fees pursuant to [paragraph (2)](#f-2) or that withdraws its election under such paragraph shall not impose or collect from any [person](/usc/15/7a.md?p=6) a fee or tax relating to anti-doping and medication control or [racetrack](/usc/15/3051.md?p=15) safety matters for [covered horseraces](/usc/15/3051.md?p=5).
  - (4) **Fees and fines—** Fees and fines imposed by the [Authority](/usc/15/3051.md?p=1) shall be allocated toward funding of the [Authority](/usc/15/3051.md?p=1) 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](/usc/15/3051.md?p=1); or
    - (B) the Federal Government to guarantee the debts of the [Authority](/usc/15/3051.md?p=1).
- (g) **Quorum—** For all items where Board approval is required, the [Authority](/usc/15/3051.md?p=1) shall have present a majority of independent members.

## Source credit

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

## Notes

### 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.