The Horse racing Integrity and Safety Act of 2020 (HISA or Act) recognizes the Horse racing Integrity and Safety Authority (the Authority) as a self-regulatory nonprofit organization charged with developing and enforcing rules relating to racetrack safety, anti-doping, and medication control. See 15 U.S.C. 3052. The Act expressly provides for Commission oversight of several aspects of the Authority’s operations. For example, the Commission must approve any proposed rule or rule modification by the Authority relating to the Authority’s bylaws, racetrack safety standards, anti-doping and medication control, and the formula or methodology for determining assessments. See id. In December 2022, Congress amended HISA to expand the Commission’s oversight role over the Authority. See Consolidated Appropriations Act, 2023, Pub. L. No. 117-328, Sec. 701, 136 Stat. 4459, 5231 (2022). As amended, the Act gives the Commission the power to issue rules under the procedures set forth in the Administrative Procedure Act, 5 U.S.C. 553, as the Commission finds necessary or appropriate to ensure the fair administration of the Authority or otherwise in furtherance of the purposes of this Act. 15 U.S.C. 3053(e).

On February 8, 2024, the Commission issued a final rule that streamlines and improves the process for approving or disapproving the Authority’s annual budget. 89 FR 8530 (Feb. 8, 2024). The final rule was effective on the same date.

Also on February 8, 2024, the Commission issued proposed rules include new oversight provisions to ensure that the Authority remains publicly accountable and operates in a fiscally prudent, safe, and effective manner. 89 FR 8578 (Feb. 8, 2024). The public comment period closed on April 8, 2024, and staff officials are reviewing the comments.