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15 U.S.C. § 3054 — Jurisdiction of the Commission and the Horseracing Integrity and Safety Authority
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Beginning on the program effective date, the Commission, the Authority, and the anti-doping and medication control enforcement agency, each within the scope of their powers and responsibilities under this chapter, as limited by subsection (j),11 So in original. Probably should be “subsection (k)”. shall—
(1) implement and enforce the horseracing anti-doping and medication control program and the racetrack safety program;
(2) exercise independent and exclusive national authority over—
(A) the safety, welfare, and integrity of covered horses, covered persons, and covered horseraces; and
(B) all horseracing safety, performance, and anti-doping and medication control matters for covered horses, covered persons, and covered horseraces; and
(3) have safety, performance, and anti-doping and medication control authority over covered persons similar to such authority of the State racing commissions before the program effective date.
**(b) Preemption** The rules of the Authority promulgated in accordance with this chapter shall preempt any provision of State law or regulation with respect to matters within the jurisdiction of the Authority under this chapter, as limited by subsection (j).1 Nothing contained in this chapter shall be construed to limit the authority of the Commission under any other provision of law.
**(c) Duties**
(1) **In general** — The Authority—
(A) shall develop uniform procedures and rules authorizing—
(i) access to offices, racetrack facilities, other places of business, books, records, and personal property of covered persons that are used in the care, treatment, training, and racing of covered horses;
(ii) issuance and enforcement of subpoenas and subpoenas duces tecum; and
(iii) other investigatory powers
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Source file: Laws/federal/codes/united-states-code/title-15/section-3054-jurisdiction-of-the-commission-and-the-horseracing-integrity-and-safety--85bd84aeb6.md
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Source location: Title 15, Chapter 57A, § 3054; chapter-57a-horseracing-integrity-and-safety.md
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**(a) In general** Beginning on the program effective date, the Commission, the Authority, and the anti-doping and medication control enforcement agency, each within the scope of their powers and responsibilities under this chapter, as limited by subsection (j),11 So in original. Probably should be “subsection (k)”. shall—
(1) implement and enforce the horseracing anti-doping and medication control program and the racetrack safety program;
(2) exercise independent and exclusive national authority over—
(A) the safety, welfare, and integrity of covered horses, covered persons, and covered horseraces; and
(B) all horseracing safety, performance, and anti-doping and medication control matters for covered horses, covered persons, and covered horseraces; and
(3) have safety, performance, and anti-doping and medication control authority over covered persons similar to such authority of the State racing commissions before the program effective date.
**(b) Preemption** The rules of the Authority promulgated in accordance with this chapter shall preempt any provision of State law or regulation with respect to matters within the jurisdiction of the Authority under this chapter, as limited by subsection (j).1 Nothing contained in this chapter shall be construed to limit the authority of the Commission under any other provision of law.
**(c) Duties**
(1) **In general** — The Authority—
(A) shall develop uniform procedures and rules authorizing—
(i) access to offices, racetrack facilities, other places of business, books, records, and personal property of covered persons that are used in the care, treatment, training, and racing of covered horses;
(ii) issuance and enforcement of subpoenas and subpoenas duces tecum; and
(iii) other investigatory powers of the nature and scope exercised by State racing commissions before the program effective date; and
(B) with respect to an unfair or deceptive act or practice described in [section 3059 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3059&num=0&edition=prelim), may recommend that the Commission commence an enforcement action.
(2) **Approval of Commission** — The procedures and rules developed under paragraph (1)(A) shall be subject to approval by the Commission in accordance with [section 3053 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3053&num=0&edition=prelim).
**(d) Registration of covered persons with Authority**
(1) **In general** — As a condition of participating in covered races and in the care, ownership, treatment, and training of covered horses, a covered person shall register with the Authority in accordance with rules promulgated by the Authority and approved by the Commission in accordance with [section 3053 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3053&num=0&edition=prelim).
(2) **Agreement with respect to Authority rules, standards, and procedures** — Registration under this subsection shall include an agreement by the covered person to be subject to and comply with the rules, standards, and procedures developed and approved under subsection (c).
(3) **Cooperation** — A covered person registered under this subsection shall, at all times—
(A) cooperate with the Commission, the Authority, the anti-doping and medication control enforcement agency, and any respective designee, during any civil investigation; and
(B) respond truthfully and completely to the best of the knowledge of the covered person if questioned by the Commission, the Authority, the anti-doping and medication control enforcement agency, or any respective designee.
(4) **Failure to comply** — Any failure of a covered person to comply with this subsection shall be a violation of [section 3057(a)(2)(G) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3057/a/2/G&num=0&edition=prelim).
**(e) Enforcement of programs**
(1) **Anti-doping and medication control enforcement agency**
(A) *Agreement with USADA* — The Authority shall seek to enter into an agreement with the United States Anti-Doping Agency under which the Agency acts as the anti-doping and medication control enforcement agency under this chapter for services consistent with the horseracing anti-doping and medication control program.
(B) *Agreement with other entity* — If the Authority and the United States Anti-Doping Agency are unable to enter into the agreement described in subparagraph (A), the Authority shall enter into an agreement with an entity that is nationally recognized as being a medication regulation agency equal in qualification to the United States Anti-Doping Agency to act as the anti-doping and medication control enforcement agency under this chapter for services consistent with the horseracing anti-doping and medication control program.
(C) *Negotiations* — Any negotiations under this paragraph shall be conducted in good faith and designed to achieve efficient, effective best practices for anti-doping and medication control and enforcement on commercially reasonable terms.
(D) *Elements of agreement* — Any agreement under this paragraph shall include a description of the scope of work, performance metrics, reporting obligations, and budgets of the United States Anti-Doping Agency while acting as the anti-doping and medication control enforcement agency under this chapter, as well as a provision for the revision of the agreement to increase in the scope of work as provided for in subsection (k),22 So in original. and any other matter the Authority considers appropriate.
(E) *Duties and powers of enforcement agency* — The anti-doping and medication control enforcement agency under an agreement under this paragraph shall—
(i) serve as the independent anti-doping and medication control enforcement organization for covered horses, covered persons, and covered horseraces, implementing the anti-doping and medication control program on behalf of the Authority;
(ii) ensure that covered horses and covered persons are deterred from using or administering medications, substances, and methods in violation of the rules established in accordance with this chapter;
(iii) implement anti-doping education, research, testing, compliance and adjudication programs designed to prevent covered persons and covered horses from using or administering medications, substances, and methods in violation of the rules established in accordance with this chapter;
(iv) exercise the powers specified in [section 3055(c)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3055/c/4&num=0&edition=prelim) in accordance with that section; and
(v) implement and undertake any other responsibilities specified in the agreement.
(F) *Term and extension*
(i) *Term of initial agreement* — The initial agreement entered into by the Authority under this paragraph shall be in effect for the 5-year period beginning on the program effective date.
(ii) *Extension* — At the end of the 5-year period described in clause (i), the Authority may—
(I) extend the term of the initial agreement under this paragraph for such additional term as is provided by the rules of the Authority and consistent with this chapter; or
(II) enter into an agreement meeting the requirements of this paragraph with an entity described by subparagraph (B) for such term as is provided by such rules and consistent with this chapter.
(2) **Agreements for enforcement by State racing commissions**
(A) *State racing commissions*
(i) *Racetrack safety program* — The Authority may enter into agreements with State racing commissions for services consistent with the enforcement of the racetrack safety program.
(ii) *Anti-doping and medication control program* — The anti-doping and medication control enforcement agency may enter into agreements with State racing commissions for services consistent with the enforcement of the anti-doping and medication control program.
(B) *Elements of agreements* — Any agreement under this paragraph shall include a description of the scope of work, performance metrics, reporting obligations, budgets, and any other matter the Authority considers appropriate.
(3) **Enforcement of standards** — The Authority may coordinate with State racing commissions and other State regulatory agencies to monitor and enforce racetrack compliance with the standards developed under paragraphs (1) and (2) of [section 3056(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3056/c&num=0&edition=prelim).
**(f) Procedures with respect to rules of Authority**
(1) **Anti-doping and medication control**
(A) *In general* — Recommendations for rules regarding anti-doping and medication control shall be developed in accordance with [section 3055 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3055&num=0&edition=prelim).
(B) *Consultation* — The anti-doping and medication control enforcement agency shall consult with the anti-doping and medication control standing committee and the Board of the Authority on all anti-doping and medication control rules of the Authority.
(2) **Racetrack safety** — Recommendations for rules regarding racetrack safety shall be developed by the racetrack safety standing committee of the Authority.
**(g) Issuance of guidance**
(1) The Authority may issue guidance that—
(A) sets forth—
(i) an interpretation of an existing rule, standard, or procedure of the Authority; or
(ii) a policy or practice with respect to the administration or enforcement of such an existing rule, standard, or procedure; and
(B) relates solely to—
(i) the administration of the Authority; or
(ii) any other matter, as specified by the Commission, by rule, consistent with the public interest and the purposes of this subsection.
(2) **Submittal to Commission** — The Authority shall submit to the Commission any guidance issued under paragraph (1).
(3) **Immediate effect** — Guidance issued under paragraph (1) shall take effect on the date on which the guidance is submitted to the Commission under paragraph (2).
**(h) Subpoena and investigatory authority** The Authority shall have subpoena and investigatory authority with respect to civil violations committed under its jurisdiction.
**(i) Civil penalties** The Authority shall develop a list of civil penalties with respect to the enforcement of rules for covered persons and covered horseraces under its jurisdiction.
**(j) Civil actions**
(1) **In general** — In addition to civil sanctions imposed under [section 3057 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3057&num=0&edition=prelim), the Authority may commence a civil action against a covered person or racetrack that has engaged, is engaged, or is about to engage, in acts or practices constituting a violation of this chapter or any rule established under this chapter in the proper district court of the United States, the United States District Court for the District of Columbia, or the United States courts of any territory or other place subject to the jurisdiction of the United States, to enjoin such acts or practices, to enforce any civil sanctions imposed under that section, and for all other relief to which the Authority may be entitled.
(2) **Injunctions and restraining orders** — With respect to a civil action commenced under paragraph (1), upon a proper showing, a permanent or temporary injunction or restraining order shall be granted without bond.
**(k) Limitations on authority**
(1) **Prospective application** — The jurisdiction and authority of the Authority and the Commission with respect to the horseracing anti-doping and medication control program and the racetrack safety program shall be prospective only.
(2) **Previous matters**
(A) *In general* — The Authority and the Commission may not investigate, prosecute, adjudicate, or penalize conduct in violation of the horseracing anti-doping and medication control program and the racetrack safety program that occurs before the program effective date.
(B) *State racing commission* — With respect to conduct described in subparagraph (A), the applicable State racing commission shall retain authority until the final resolution of the matter.
(3) **Other laws unaffected** — This chapter shall not be construed to modify, impair or restrict the operation of the general laws or regulations, as may be amended from time to time, of the United States, the States and their political subdivisions relating to criminal conduct, cruelty to animals, matters unrelated to antidoping, medication control and racetrack and racing safety of covered horses and covered races, and the use of medication in human participants in covered races.
**(l) Election for other breed coverage under chapter**
(1) **In general** — A State racing commission or a breed governing organization for a breed of horses other than Thoroughbred horses may elect to have such breed be covered by this chapter by the filing of a designated election form and subsequent approval by the Authority. A State racing commission may elect to have a breed covered by this chapter for the applicable State only.
(2) **Election conditional on funding mechanism** — A commission or organization may not make an election under paragraph (1) unless the commission or organization has in place a mechanism to provide sufficient funds to cover the costs of the administration of this chapter with respect to the horses that will be covered by this chapter as a result of the election.
(3) **Apportionment** — The Authority shall apportion costs described in paragraph (2) in connection with an election under paragraph (1) fairly among all impacted segments of the horseracing industry, subject to approval by the Commission in accordance with [section 3053 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3053&num=0&edition=prelim). Such apportionment may not provide for the allocation of costs or funds among breeds of horses.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Description of rule violations**
(1) **In general** — The Authority shall issue, by rule in accordance with [section 3053 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3053&num=0&edition=prelim), a description of safety, performance, and anti-doping and medication control rule violations applicable to covered horses and covered persons.
(2) **Elements** — The description of rule violations established under paragraph (1) may include the following:
(A) With respect to a covered horse, strict liability for covered trainers for—
(i) the presence of a prohibited substance or method in a sample or the use of a prohibited substance or method;
(ii) the presence of a permitted substance in a sample in excess of the amount allowed by the horseracing anti-doping and medication control program; and
(iii) the use of a permitted method in violation of the applicable limitations established under the horseracing anti-doping and medication control program.
(B) Attempted use of a prohibited substance or method on a covered horse.
(C) Possession of any prohibited substance or method.
(D) Attempted possession of any prohibited substance or method.
(E) Administration or attempted administration of any prohibited substance or method on a covered horse.
(F) Refusal or failure, without compelling justification, to submit a covered horse for sample collection.
(G) Failure to cooperate with the Authority or an agent of the Authority during any investigation.
(H) Failure to respond truthfully, to the best of a covered person’s knowledge, to a question of the Authority or an agent of the Authority with respect to any matter under the jurisdiction of the Authority.
(I) Tampering or attempted tampering w
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 3057
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Program required**
(1) **In general** — Not later than the program effective date, and after notice and an opportunity for public comment in accordance with [section 3053 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3053&num=0&edition=prelim), the Authority shall establish a horseracing anti-doping and medication control program applicable to all covered horses, covered persons, and covered horseraces in accordance with the registration of covered persons under [section 3054(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3054/d&num=0&edition=prelim).
(2) **Consideration of other breeds** — In developing the horseracing anti-doping and medication control program with respect to a breed of horse that is made subject to this chapter by election of a State racing commission or the breed governing organization for such horse under section 3054(k) 11 So in original. Probably should be “section 3054(l)”. of this title, the Authority shall consider the unique characteristics of such breed.
**(b) Considerations in development of program** In developing the horseracing anti-doping and medication control program, the Authority shall take into consideration the following:
(1) Covered horses should compete only when they are free from the influence of medications, other foreign substances, and methods that affect their performance.
(2) Covered horses that are injured or unsound should not train or participate in covered races, and the use of medications, other foreign substances, and treatment methods that mask or deaden pain in order to allow injured or unsound horses to train or race should be prohibited.
(3) Rules, standards, procedures, and protocols regulating medication and
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 3055
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Authority shall submit to the Commission, in accordance with such rules as the Commission may prescribe under [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), any proposed rule, or proposed modification to a rule, of the Authority relating to—
(1) the bylaws of the Authority;
(2) a list of permitted and prohibited medications, substances, and methods, including allowable limits of permitted medications, substances, and methods;
(3) laboratory standards for accreditation and protocols;
(4) standards for racing surface quality maintenance;
(5) racetrack safety standards and protocols;
(6) a program for injury and fatality data analysis;
(7) a program of research and education on safety, performance, and anti-doping and medication control;
(8) a description of safety, performance, and anti-doping and medication control rule violations applicable to covered horses and covered persons;
(9) a schedule of civil sanctions for violations;
(10) a process or procedures for disciplinary hearings; and
(11) a formula or methodology for determining assessments described in [section 3052(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3052/f&num=0&edition=prelim).
**(b) Publication and comment**
(1) **In general** — The Commission shall—
(A) publish in the Federal Register each proposed rule or modification submitted under subsection (a); and
(B) provide an opportunity for public comment.
(2) **Approval required** — A proposed rule, or a proposed modification to a rule, of the Authority shall not take effect unless the proposed rule or modification has been approved by the Commission.
**(c) Decision on proposed rule or m
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 3053
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Federal law — U.S. Code and appendices · legal_authorities
The sale of a covered horse, or of any other horse in anticipation of its future participation in a covered race, shall be considered an unfair or deceptive act or practice in or affecting commerce under [section 45(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section45/a&num=0&edition=prelim) if the seller—
(1) knows or has reason to know the horse has been administered—
(A) a bisphosphonate prior to the horse’s fourth birthday; or
(B) any other substance or method the Authority determines has a long-term degrading effect on the soundness of the covered horse; and
(2) fails to disclose to the buyer the administration of the bisphosphonate or other substance or method described in paragraph (1)(B).
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 3059
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Federal law — U.S. Code and appendices · legal_authorities
Page 1976
TITLE 15—COMMERCE AND TRADE
§ 3054
1 So in original. Probably should be ‘‘subsection (k)’’.
(2) a list of permitted and prohibited medica-
tions, substances, and methods, including al-
lowable limits of permitted medications, sub-
stances, and methods;
(3) laboratory standards for accreditation
and protocols;
(4) standards for racing surface quality
maintenance;
(5) racetrack safety standards and protocols;
(6) a program for injury and fatality data
analysis;
(7) a program of research and education on
safety, performance, and anti-doping and
medication control;
(8) a description of safety, performance, and
anti-doping and medication control rule viola-
tions applicable to covered horses and covered
persons;
(9) a schedule of civil sanctions for viola-
tions;
(10) a process or procedures for disciplinary
hearings; and
(11) a formula or methodology for deter-
mining assessments described in section 3052(f)
of this title.
(b) Publication and comment
(1) In general
The Commission shall—
(A) publish in the Federal Register each
proposed rule or modification submitted
under subsection (a); and
(B) provide an opportunity for public com-
ment.
(2) Approval required
A proposed rule, or a proposed modification
to a rule, of the Authority shall not take ef-
fect unless the proposed rule or modification
has been approved by the Commission.
(c) Decision on proposed rule or modification to
a rule
(1) In general
Not later than 60 days after the date on
which a proposed rule or modification is pub-
lished in the Federal Register, the Commis-
sion shall approve or disapprove the proposed
rule or modification.
(2) Conditions
The Commission shall approve a proposed
rule or modification if the Commission finds
that the proposed rule or modif
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 3054
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.