15 U.S.C. § 3054 — Jurisdiction of the Commission and the

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 modification is con- sistent with— (A) this chapter; and (B) applicable rules approved by the Com- mission. (3) Revision of proposed rule or modification (A) In general In the case of disapproval of a proposed rule or modification under this subsection, not later than 30 days after the issuance of the disapproval, the Commission shall make recommendations to the Authority to mod- ify the proposed rule or modification. (B) Resubmission The Authority may resubmit for approval by the Commission a proposed rule or modi- fication that incorporates the modifications recommended under subparagraph (A). (d) Proposed standards and procedures (1) In general The Authority shall submit to the Commis- sion any proposed rule, standard, or procedure developed by the Authority to carry out the horseracing anti-doping and medication con- trol program or the racetrack safety program. (2) Notice and comment The Commission shall publish in the Federal Register any such proposed rule, standard, or procedure and provide an opportunity for pub- lic comment. (e) Amendment by Commission of rules of au- thority The Commission, by rule in accordance with section 553 of title 5, may abrogate, add to, and modify the rules of the Authority promulgated in accordance with this chapter as the Commis- sion finds necessary or appropriate to ensure the fair administration of the Authority, to conform the rules of the Authority to requirements of this chapter and applicable rules approved by the Commission, or otherwise in furtherance of the purposes of this chapter. (Pub. L. 116–260, div. FF, title XII, § 1204, Dec. 27, 2020, 134 Stat. 3257; Pub. L. 117–328, div. O, title VII, § 701, Dec. 29, 2022, 136 Stat. 5231.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (c)(2)(A) and (e), was in the original ‘‘this Act’’ and was translated as reading ‘‘this title’’, meaning title XII of div. FF of Pub. L. 116–260, to reflect the probable intent of Con- gress. AMENDMENTS 2022—Subsec. (e). Pub. L. 117–328 amended subsec. (e) generally. Prior to amendment, text read as follows: ‘‘The Commission may adopt an interim final rule, to take effect immediately, under conditions specified in section 553(b)(B) of title 5, if the Commission finds that such a rule is necessary to protect— ‘‘(1) the health and safety of covered horses; or ‘‘(2) the integrity of covered horseraces and wager- ing on those horseraces.’’ § 3054. Jurisdiction of the Commission and the Horseracing Integrity and Safety Authority (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 re- sponsibilities under this chapter, as limited by subsection (j),1 shall— (1) implement and enforce the horseracing anti-doping and medication control program and the racetrack safety program; (2) exercise independent and exclusive na- tional 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 mat- Page 1977 TITLE 15—COMMERCE AND TRADE § 3054 2 So in original. ters 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 pro- gram effective date. (b) Preemption The rules of the Authority promulgated in ac- cordance with this chapter shall preempt any provision of State law or regulation with respect to matters within the jurisdiction of the Au- thority under this chapter, as limited by sub- section (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, train- ing, and racing of covered horses; (ii) issuance and enforcement of sub- poenas 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, may recommend that the Commis- sion 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. (d) Registration of covered persons with Author- ity (1) In general As a condition of participating in covered races and in the care, ownership, treatment, and training of covered horses, a covered per- son shall register with the Authority in ac- cordance with rules promulgated by the Au- thority and approved by the Commission in accordance with section 3053 of this title. (2) Agreement with respect to Authority rules, standards, and procedures Registration under this subsection shall in- clude an agreement by the covered person to be subject to and comply with the rules, stand- ards, and procedures developed and approved under subsection (c). (3) Cooperation A covered person registered under this sub- section shall, at all times— (A) cooperate with the Commission, the Authority, the anti-doping and medication control enforcement agency, and any respec- tive designee, during any civil investigation; and (B) respond truthfully and completely to the best of the knowledge of the covered per- son if questioned by the Commission, the Authority, the anti-doping and medication control enforcement agency, or any respec- tive 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. (e) Enforcement of programs (1) Anti-doping and medication control en- forcement 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 pro- gram. (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 agree- ment with an entity that is nationally rec- ognized 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 enforce- ment 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 de- signed 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 pro- vision for the revision of the agreement to increase in the scope of work as provided for in subsection (k),2 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 orga- nization for covered horses, covered per- sons, and covered horseraces, imple- menting the anti-doping and medication control program on behalf of the Author- ity; Page 1978 TITLE 15—COMMERCE AND TRADE § 3054 (ii) ensure that covered horses and cov- ered persons are deterred from using or ad- ministering medications, substances, and methods in violation of the rules estab- lished in accordance with this chapter; (iii) implement anti-doping education, research, testing, compliance and adju- dication programs designed to prevent cov- ered persons and covered horses from using or administering medications, substances, and methods in violation of the rules es- tablished in accordance with this chapter; (iv) exercise the powers specified in sec- tion 3055(c)(4) of this title 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 agree- ment under this paragraph for such addi- tional 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 rac- ing commissions (A) State racing commissions (i) Racetrack safety program The Authority may enter into agree- ments 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 agree- ments 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 regu- latory agencies to monitor and enforce race- track compliance with the standards devel- oped under paragraphs (1) and (2) of section 3056(c) of this title. (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 de- veloped in accordance with section 3055 of this title. (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 race- track safety shall be developed by the race- track safety standing committee of the Au- thority. (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 sub- section. (2) Submittal to Commission The Authority shall submit to the Commis- sion 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 para- graph (2). (h) Subpoena and investigatory authority The Authority shall have subpoena and inves- tigatory authority with respect to civil viola- tions committed under its jurisdiction. (i) Civil penalties The Authority shall develop a list of civil pen- alties 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, the Authority may commence a civil action against a covered per- son or racetrack that has engaged, is engaged, or is about to engage, in acts or practices con- stituting 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 ju- risdiction of the United States, to enjoin such 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.