15 USC 3054 - Jurisdiction of the Commission and the Horseracing Integrity and Safety Authority

U.S Code last checked for updates: Nov 22, 2024

§ 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 responsibilities under this chapter, as limited by subsection (j),1

 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

(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, may recommend that the Commission commence an enforcement action.

(2)

Approval of Commission

(d)

Registration of covered persons with Authority

(1)

In general

(2)

Agreement with respect to Authority rules, standards, and procedures

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

(e)

Enforcement of programs

(1)

Anti-doping and medication control enforcement agency

(A)

Agreement with USADA

(B)

Agreement with other entity

(C)

Negotiations

(D)

Elements of agreement

(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 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

(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

(ii)

Anti-doping and medication control program

(B)

Elements of agreements

(3)

Enforcement of standards

(f)

Procedures with respect to rules of Authority

(1)

Anti-doping and medication control

(A)

In general

(B)

Consultation

(2)

Racetrack safety

(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

(3)

Immediate effect

(h)

Subpoena and investigatory authority

(i)

Civil penalties

(j)

Civil actions

(1)

In general

(2)

Injunctions and restraining orders

(k)

Limitations on authority

(1)

Prospective application

(2)

Previous matters

(A)

In general

(B)

State racing commission

(3)

Other laws unaffected

(l)

Election for other breed coverage under chapter

(1)

In general

(2)

Election conditional on funding mechanism

(3)

Apportionment

(Pub. L. 116–260, div. FF, title XII, § 1205, Dec. 27, 2020, 134 Stat. 3259.)

cite as: 15 USC 3054