15 USC 3052 - Recognition of the Horseracing Integrity and Safety Authority

U.S Code last checked for updates: May 04, 2024

§ 3052.

Recognition of the Horseracing Integrity and Safety Authority

(a)

In general

(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

(B)

Industry members

(i)

In general

(ii)

Representation of equine constituencies

(2)

Chair

(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

(B)

Membership

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

(i)

Independent members

(ii)

Industry members

(iii)

Qualification

(C)

Chair

(2)

Racetrack safety standing committee

(A)

In general

(B)

Membership

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

(i)

Independent members

(ii)

Industry members

(C)

Chair

(d)

Nominating committee

(1)

Membership

(A)

In general

(B)

Initial membership

(C)

Vacancies

(2)

Chair

(3)

Selection of members of the Board and standing committees

(A)

Initial members

(B)

Subsequent members

(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

(B)

Borrowing

(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

(II)

Subsequent budgets

(iv)

Rate increases

(I)

In general

(II)

Notice and comment

(2)

Assessment and collection of fees by States

(A)

Notice of election

(B)

Requirement to remit fees

(C)

Withdrawal of election

(D)

Determination of methods

(3)

Assessment and collection of fees by the Authority

(A)

Calculation

(B)

Allocation

(C)

Assessment and collection

(i)

In general

(ii)

Remittance of fees

(D)

Limitation

(4)

Fees and fines

(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

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

cite as: 15 USC 3052