15 U.S.C. § 3055 — Horseracing anti-doping and medication

Page 1979 TITLE 15—COMMERCE AND TRADE § 3055 1 So in original. Probably should be ‘‘section 3054(l)’’. acts or practices, to enforce any civil sanc- tions imposed under that section, and for all other relief to which the Authority may be en- titled. (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 re- straining order shall be granted without bond. (k) Limitations on authority (1) Prospective application The jurisdiction and authority of the Au- thority and the Commission with respect to the horseracing anti-doping and medication control program and the racetrack safety pro- gram shall be prospective only. (2) Previous matters (A) In general The Authority and the Commission may not investigate, prosecute, adjudicate, or pe- nalize conduct in violation of the horse- racing 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 sub- paragraph (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 mod- ify, impair or restrict the operation of the general laws or regulations, as may be amend- ed from time to time, of the United States, the States and their political subdivisions relating to criminal conduct, cruelty to animals, mat- ters unrelated to antidoping, medication con- trol and racetrack and racing safety of cov- ered horses and covered races, and the use of medication in human participants in covered races. (l) Election for other breed coverage under chap- ter (1) In general A State racing commission or a breed gov- erning 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 subse- quent approval by the Authority. A State rac- ing commission may elect to have a breed cov- ered 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 de- scribed in paragraph (2) in connection with an election under paragraph (1) fairly among all impacted segments of the horseracing indus- try, subject to approval by the Commission in accordance with section 3053 of this title. Such apportionment may not provide for the alloca- tion of costs or funds among breeds of horses. (Pub. L. 116–260, div. FF, title XII, § 1205, Dec. 27, 2020, 134 Stat. 3259.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a), (b), (e)(1), (j)(1), (k)(3), and (l)(1), (2), was in the original ‘‘this Act’’ and was translated as reading ‘‘this title’’, mean- ing title XII of div. FF of Pub. L. 116–260, to reflect the probable intent of Congress. § 3055. Horseracing anti-doping and medication control program (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, the Authority shall establish a horseracing anti-doping and medication con- trol program applicable to all covered horses, covered persons, and covered horseraces in ac- cordance with the registration of covered per- sons under section 3054(d) of this title. (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 commis- sion or the breed governing organization for such horse under section 3054(k) 1 of this title, the Authority shall consider the unique char- acteristics 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 medica- tions, other foreign substances, and methods that affect their performance. (2) Covered horses that are injured or un- sound should not train or participate in cov- ered races, and the use of medications, other foreign substances, and treatment methods that mask or deaden pain in order to allow in- jured or unsound horses to train or race should be prohibited. (3) Rules, standards, procedures, and proto- cols regulating medication and treatment methods for covered horses and covered races should be uniform and uniformly administered nationally. (4) To the extent consistent with this chap- ter, consideration should be given to inter- national anti-doping and medication control standards of the International Federation of Horseracing Authorities and the Principles of Veterinary Medical Ethics of the American Veterinary Medical Association. Page 1980 TITLE 15—COMMERCE AND TRADE § 3055 (5) The administration of medications and treatment methods to covered horses should be based upon an examination and diagnosis that identifies an issue requiring treatment for which the medication or method represents an appropriate component of treatment. (6) The amount of therapeutic medication that a covered horse receives should be the minimum necessary to address the diagnosed health concerns identified during the examina- tion and diagnostic process. (7) The welfare of covered horses, the integ- rity of the sport, and the confidence of the betting public require full disclosure to regu- latory authorities regarding the administra- tion of medications and treatments to covered horses. (c) Activities The following activities shall be carried out under the horseracing anti-doping and medica- tion control program: (1) Standards for anti-doping and medication control Not later than 120 days before the program effective date, the Authority shall issue, by rule— (A) uniform standards for— (i) the administration of medication to covered horses by covered persons; and (ii) laboratory testing accreditation and protocols; and (B) a list of permitted and prohibited medications, substances, and methods, in- cluding allowable limits of permitted medi- cations, substances, and methods. (2) Review process for administration of medi- cation The development of a review process for the administration of any medication to a covered horse during the 48-hour period preceding the next racing start of the covered horse. (3) Agreement requirements The development of requirements with re- spect to agreements under section 3054(e) of this title. (4) Anti-doping and medication control en- forcement agency (A) Control rules, protocols, etc Except as provided in paragraph (5), the anti-doping and medication control program enforcement agency under section 3054(e) of this title shall, in consultation with the anti-doping and medication control standing committee of the Authority and consistent with international best practices, develop and recommend anti-doping and medication control rules, protocols, policies, and guide- lines for approval by the Authority. (B) Results management The anti-doping and medication control enforcement agency shall conduct and over- see anti-doping and medication control re- sults management, including independent investigations, charging and adjudication of potential medication control rule violations, and the enforcement of any civil sanctions for such violations. Any final decision or civil sanction of the anti-doping and medica- tion control enforcement agency under this subparagraph shall be the final decision or civil sanction of the Authority, subject to review in accordance with section 3058 of this title. (C) Testing The anti-doping enforcement agency shall perform and manage test distribution plan- ning (including intelligence-based testing), the sample collection process, and in-com- petition and out-of-competition testing (in- cluding no-advance-notice testing). (D) Testing laboratories The anti-doping and medication control enforcement agency shall accredit testing laboratories based upon the standards estab- lished under this chapter, and shall monitor, test, and audit accredited laboratories to en- sure continuing compliance with accredita- tion standards. (5) Anti-doping and medication control stand- ing committee The anti-doping and medication control standing committee shall, in consultation with the anti-doping and medication control enforcement agency, develop lists of permitted and prohibited medications, methods, and sub- stances for recommendation to, and approval by, the Authority. Any such list may prohibit the administration of any substance or meth- od to a horse at any time after such horse be- comes a covered horse if the Authority deter- mines such substance or method has a long- term degrading effect on the soundness of a horse. (d) Prohibition Except as provided in subsections (e) and (f), the horseracing anti-doping and medication con- trol program shall prohibit the administration of any prohibited or otherwise permitted sub- stance to a covered horse within 48 hours of its next racing start, effective as of the program ef- fective date. (e) Advisory committee study and report (1) In general Not later than the program effective date, the Authority shall convene an advisory com- mittee comprised of horseracing anti-doping and medication control industry experts, in- cluding a member designated by the anti- doping and medication control enforcement agency, to conduct a study on the use of furosemide on horses during the 48-hour period before the start of a race, including the effect of furosemide on equine health and the integ- rity of competition and any other matter the Authority considers appropriate. (2) Report Not later than three years after the program effective date, the Authority shall direct the advisory committee convened under paragraph (1) to submit to the Authority a written report on the study conducted under that paragraph that includes recommended changes, if any, to the prohibition in subsection (d). Page 1981 TITLE 15—COMMERCE AND TRADE § 3055 (3) Modification of prohibition (A) In general After receipt of the report required by paragraph (2), the Authority may, by unani- mous vote of the Board of the Authority, modify the prohibition in subsection (d) and, notwithstanding subsection (f), any such modification shall apply to all States begin- ning on the date that is three years after the program effective date. (B) Condition In order for a unanimous vote described in subparagraph (A) to effect a modification of the prohibition in subsection (d), the vote must include unanimous adoption of each of the following findings: (i) That the modification is warranted. (ii) That the modification is in the best interests of horse racing. (iii) That furosemide has no performance enhancing effect on individual horses. (iv) That public confidence in the integ- rity and safety of racing would not be ad- versely affected by the modification. (f) Exemption (1) In general Except as provided in paragraph (2), only during the three-year period beginning on the program effective date, a State racing com- mission may submit to the Authority, at such time and in such manner as the Authority may require, a request for an exemption from the prohibition in subsection (d) with respect to the use of furosemide on covered horses during such period. (2) Exceptions An exemption under paragraph (1) may not be requested for— (A) two-year-old covered horses; or (B) covered horses competing in stakes races. (3) Contents of request A request under paragraph (1) shall specify the applicable State racing commission’s re- quested limitations on the use of furosemide that would apply to the State under the horse- racing anti-doping and medication control program during such period. Such limitations shall be no less restrictive on the use and ad- ministration of furosemide than the restric- tions set forth in State’s laws and regulations in effect as of September 1, 2020. (4) Grant of exemption Subject to subsection (e)(3), the Authority shall grant an exemption requested under paragraph (1) for the remainder of such period and shall allow the use of furosemide on cov- ered horses in the applicable State, in accord- ance with the requested limitations. (g) Baseline anti-doping and medication control rules (1) In general Subject to paragraph (3), the baseline anti- doping and medication control rules described in paragraph (2) shall— (A) constitute the initial rules of the horseracing anti-doping and medication con- trol program; and (B) except as exempted pursuant to sub- sections (e) and (f), remain in effect at all times after the program effective date. (2) Baseline anti-doping medication control rules described (A) In general The baseline anti-doping and medication control rules described in this paragraph are the following: (i) The lists of permitted and prohibited substances (including drugs, medications, and naturally occurring substances and synthetically occurring substances) in ef- fect for the International Federation of Horseracing Authorities, including the International Federation of Horseracing Authorities International Screening Lim- its for urine, dated May 2019, and the International Federation of Horseracing Authorities International Screening Lim- its for plasma, dated May 2019. (ii) The World Anti-Doping Agency International Standard for Laboratories (version 10.0), dated November 12, 2019. (iii) The Association of Racing Commis- sioners International out-of-competition testing standards, Model Rules of Racing (version 9.2). (iv) The Association of Racing Commis- sioners International penalty and multiple medication violation rules, Model Rules of Racing (version 6.2). (B) Conflict of rules In the case of a conflict among the rules described in subparagraph (A), the most stringent rule shall apply. (3) Modifications to baseline rules (A) Development by anti-doping and medica- tion control standing committee The anti-doping and medication control standing committee, in consultation with the anti-doping and medication control en- forcement agency, may develop and submit to the Authority for approval by the Author- ity proposed modifications to the baseline anti-doping and medication control rules. (B) Authority approval If the Authority approves a proposed modi- fication under this paragraph, the proposed modification shall be submitted to and con- sidered by the Commission in accordance with section 3053 of this title. (C) Anti-doping and medication control en- forcement agency veto authority The Authority shall not approve any pro- posed modification that renders an anti- doping and medication control rule less stringent than the baseline anti-doping and medication control rules described in para- graph (2) (including by increasing permitted medication thresholds, adding permitted medications, removing prohibited medica- tions, or weakening enforcement mecha- nisms) without the approval of the anti- doping and medication control enforcement agency. (Pub. L. 116–260, div. FF, title XII, § 1206, Dec. 27, 2020, 134 Stat. 3263.) 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