15 U.S.C. § 3056 — Racetrack safety program

Page 1982 TITLE 15—COMMERCE AND TRADE § 3056 Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(2), (b)(4), and (c)(4)(D), was in the original ‘‘this Act’’ and was trans- lated as reading ‘‘this title’’, meaning title XII of div. FF of Pub. L. 116–260, to reflect the probable intent of Congress. § 3056. Racetrack safety program (a) Establishment and considerations (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, the Authority shall establish a race- track safety 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. (2) Considerations in development of safety program In the development of the horseracing safety program for covered horses, covered persons, and covered horseraces, the Authority and the Commission shall take into consideration ex- isting safety standards including the National Thoroughbred Racing Association Safety and Integrity Alliance Code of Standards, the International Federation of Horseracing Authority’s International Agreement on Breeding, Racing, and Wagering, and the Brit- ish Horseracing Authority’s Equine Health and Welfare program. (b) Elements of horseracing safety program The horseracing safety program shall include the following: (1) A set of training and racing safety stand- ards and protocols taking into account re- gional differences and the character of dif- fering racing facilities. (2) A uniform set of training and racing safe- ty standards and protocols consistent with the humane treatment of covered horses, which may include lists of permitted and prohibited practices or methods (such as crop use). (3) A racing surface quality maintenance system that— (A) takes into account regional differences and the character of differing racing facili- ties; and (B) may include requirements for track surface design and consistency and estab- lished standard operating procedures related to track surface, monitoring, and mainte- nance (such as standardized seasonal assess- ment, daily tracking, and measurement). (4) A uniform set of track safety standards and protocols, that may include rules gov- erning oversight and movement of covered horses and human and equine injury reporting and prevention. (5) Programs for injury and fatality data analysis, that may include pre- and post-train- ing and race inspections, use of a veterinar- ian’s list, and concussion protocols. (6) The undertaking of investigations at racetrack and non-racetrack facilities related to safety violations. (7) Procedures for investigating, charging, and adjudicating violations and for the en- forcement of civil sanctions for violations. (8) A schedule of civil sanctions for viola- tions. (9) Disciplinary hearings, which may include binding arbitration, civil sanctions, and re- search. (10) Management of violation results. (11) Programs relating to safety and per- formance research and education. (12) An evaluation and accreditation pro- gram that ensures that racetracks in the United States meet the standards described in the elements of the Horseracing Safety Pro- gram. (c) Activities The following activities shall be carried out under the racetrack safety program: (1) Standards for racetrack safety The development, by the racetrack safety standing committee of the Authority in sec- tion 3052(c)(2) of this title of uniform stand- ards for racetrack and horseracing safety. (2) Standards for safety and performance ac- creditation (A) In general Not later than 120 days before the program effective date, the Authority, in consulta- tion with the racetrack safety standing com- mittee, shall issue, by rule in accordance with section 3053 of this title— (i) safety and performance standards of accreditation for racetracks; and (ii) the process by which a racetrack may achieve and maintain accreditation by the Authority. (B) Modifications (i) In general The Authority may modify rules estab- lishing the standards issued under sub- paragraph (A), as the Authority considers appropriate. (ii) Notice and comment The Commission shall publish in the Federal Register any proposed rule of the Authority, and provide an opportunity for public comment with respect to, any modi- fication under clause (i) in accordance with section 3053 of this title. (C) Extension of provisional or interim ac- creditation The Authority may, by rule in accordance with section 3053 of this title, extend provi- sional or interim accreditation to a race- track accredited by the National Thorough- bred Racing Association Safety and Integ- rity Alliance on a date before the program effective date. (3) Nationwide safety and performance data- base (A) In general Not later than one year after the program effective date, and after notice and an oppor- tunity for public comment in accordance Page 1983 TITLE 15—COMMERCE AND TRADE § 3057 with section 3053 of this title, the Authority, in consultation with the Commission, shall develop and maintain a nationwide database of racehorse safety, performance, health, and injury information for the purpose of conducting an epidemiological study. (B) Collection of information In accordance with the registration of cov- ered persons under section 3054(d) of this title, the Authority may require covered persons to collect and submit to the data- base described in subparagraph (A) such in- formation as the Authority may require to further the goal of increased racehorse wel- fare. (Pub. L. 116–260, div. FF, title XII, § 1207, Dec. 27, 2020, 134 Stat. 3267.) § 3057. Rule violations and civil sanctions (a) Description of rule violations (1) In general The Authority shall issue, by rule in accord- ance with section 3053 of this title, a descrip- tion of safety, performance, and anti-doping and medication control rule violations appli- cable to covered horses and covered persons. (2) Elements The description of rule violations estab- lished under paragraph (1) may include the fol- lowing: (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 pro- hibited substance or method; (ii) the presence of a permitted sub- stance 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 es- tablished under the horseracing anti- doping and medication control program. (B) Attempted use of a prohibited sub- stance or method on a covered horse. (C) Possession of any prohibited substance or method. (D) Attempted possession of any prohib- ited substance or method. (E) Administration or attempted adminis- tration of any prohibited substance or meth- od 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 Author- ity 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 with the application of the safety, perform- ance, or anti-doping and medication control rules or process adopted by the Authority, including— (i) the intentional interference, or an at- tempt to interfere, with an official or agent of the Authority; (ii) the procurement or the provision of fraudulent information to the Authority or agent; and (iii) the intimidation of, or an attempt to intimidate, a potential witness. (J) Trafficking or attempted trafficking in any prohibited substance or method. (K) Assisting, encouraging, aiding, abet- ting, conspiring, covering up, or any other type of intentional complicity involving a safety, performance, or anti-doping and medication control rule violation or the vio- lation of a period of suspension or eligi- bility. (L) Threatening or seeking to intimidate a person with the intent of discouraging the person from the good faith reporting to the Authority, an agent of the Authority or the Commission, or the anti-doping and medica- tion control enforcement agency under sec- tion 3054(e) of this title, of information that relates to— (i) an alleged safety, performance, or anti-doping and medication control rule violation; or (ii) alleged noncompliance with a safety, performance, or anti-doping and medica- tion control rule. (b) Testing laboratories (1) Accreditation and standards Not later than 120 days before the program effective date, the Authority shall, in con- sultation with the anti-doping and medication control enforcement agency, establish, by rule in accordance with section 3053 of this title— (A) standards of accreditation for labora- tories involved in testing samples from cov- ered horses; (B) the process for achieving and main- taining accreditation; and (C) the standards and protocols for testing such samples. (2) Administration The accreditation of laboratories and the conduct of audits of accredited laboratories to ensure compliance with Authority rules shall be administered by the anti-doping and medi- cation control enforcement agency. The anti- doping and medication control enforcement agency shall have the authority to require specific test samples to be directed to and tested by laboratories having special expertise in the required tests. (3) Extension of provisional or interim accredi- tation The Authority may, by rule in accordance with section 3053 of this title, extend provi- sional or interim accreditation to a laboratory accredited by the Racing Medication and Test- ing Consortium, Inc., on a date before the pro- gram effective date. (4) Selection of laboratories (A) In general Except as provided in paragraph (2), a State racing commission may select a lab-