15 U.S.C. § 3057 | Rule violations and civil sanctions

(a)

Description of rule violations

(1)

In general

section 3053 of this titleThe Authority shall issue, by rule in accordance with , 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 with the application of the safety, performance, or anti-doping and medication control rules or process adopted by the Authority, including—

(i)

the intentional interference, or an attempt 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, abetting, conspiring, covering up, or any other type of intentional complicity involving a safety, performance, or anti-doping and medication control rule violation or the violation of a period of suspension or eligibility.

(L)

section 3054(e) of this title 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 medication control enforcement agency under , 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 medication control rule.

(b)

Testing laboratories

(1)

Accreditation and standards

section 3053 of this titleNot later than 120 days before the program effective date, the Authority shall, in consultation with the anti-doping and medication control enforcement agency, establish, by rule in accordance with —

(A)

standards of accreditation for laboratories involved in testing samples from covered horses;

(B)

the process for achieving and maintaining 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 medication 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 accreditation

section 3053 of this titleThe Authority may, by rule in accordance with , extend provisional or interim accreditation to a laboratory accredited by the Racing Medication and Testing Consortium, Inc., on a date before the program effective date.

(4)

Selection of laboratories

(A)

In general

Except as provided in paragraph (2), a State racing commission may select a laboratory accredited in accordance with the standards established under paragraph (1) to test samples taken in the applicable State.

(B)

Selection by the authority

If a State racing commission does not select an accredited laboratory under subparagraph (A), the Authority shall select such a laboratory to test samples taken in the State concerned.

(c)

Results management and disciplinary process

(1)

In general

section 3053 of this titleNot later than 120 days before the program effective date, the Authority shall establish in accordance with —

(A)

rules for safety, performance, and anti-doping and medication control results management; and

(B)

the disciplinary process for safety, performance, and anti-doping and medication control rule violations.

(2)

Elements

The rules and process established under paragraph (1) shall include the following:

(A)

Provisions for notification of safety, performance, and anti-doping and medication control rule violations.

(B)

Hearing procedures.

(C)

Standards for burden of proof.

(D)

Presumptions.

(E)

Evidentiary rules.

(F)

Appeals.

(G)

Guidelines for confidentiality and public reporting of decisions.

(3)

Due process

The rules established under paragraph (1) shall provide for adequate due process, including impartial hearing officers or tribunals commensurate with the seriousness of the alleged safety, performance, or anti-doping and medication control rule violation and the possible civil sanctions for such violation.

(d)

Civil sanctions

(1)

In general

section 3053 of this titleThe Authority shall establish uniform rules, in accordance with , imposing civil sanctions against covered persons or covered horses for safety, performance, and anti-doping and medication control rule violations.

(2)

Requirements

The rules established under paragraph (1) shall—

(A)

take into account the unique aspects of horseracing;

(B)

be designed to ensure fair and transparent horseraces; and

(C)

deter safety, performance, and anti-doping and medication control rule violations.

(3)

Severity

The civil sanctions under paragraph (1) may include—

(A)

lifetime bans from horseracing, disgorgement of purses, monetary fines and penalties, and changes to the order of finish in covered races; and

(B)

with respect to anti-doping and medication control rule violators, an opportunity to reduce the applicable civil sanctions that is comparable to the opportunity provided by the Protocol for Olympic Movement Testing of the United States Anti-Doping Agency.

(e)

Modifications

section 3053 of this titleThe Authority may propose a modification to any rule established under this section as the Authority considers appropriate, and the proposed modification shall be submitted to and considered by the Commission in accordance with .

Pub. L. 116–260, div. FF, title XII, § 1208Dec. 27, 2020134 Stat. 3269(, , .)