---
kind: "section"
citation: "15 U.S.C. § 3054"
title: "15"
title_heading: "Commerce and Trade"
number: "3054"
heading: "Jurisdiction of the Commission and the Horseracing Integrity and Safety Authority"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/15/3054"
units:
  - "Chapter 57A — Horseracing Integrity and Safety"
---

# §3054. Jurisdiction of the Commission and the Horseracing Integrity and Safety Authority

- (a) **In general—** Beginning on the [program effective date](/usc/15/3051.md?p=14), the [Commission](/usc/15/3051.md?p=3), the [Authority](/usc/15/3051.md?p=1), 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)](#j),[^1] shall—
  - (1) implement and enforce the [horseracing anti-doping and medication control program](/usc/15/3051.md?p=9) and the [racetrack safety program](/usc/15/3051.md?p=16);
  - (2) exercise independent and exclusive national [authority](/usc/15/3051.md?p=1) over—
    - (A) the safety, welfare, and integrity of [covered horses](/usc/15/3051.md?p=4), [covered persons](/usc/15/3051.md?p=6), and [covered horseraces](/usc/15/3051.md?p=5); and
    - (B) all horseracing safety, performance, and anti-doping and medication control matters for [covered horses](/usc/15/3051.md?p=4), [covered persons](/usc/15/3051.md?p=6), and [covered horseraces](/usc/15/3051.md?p=5); and
  - (3) have safety, performance, and anti-doping and medication control [authority](/usc/15/3051.md?p=1) over [covered persons](/usc/15/3051.md?p=6) similar to such [authority](/usc/15/3051.md?p=1) of the [State racing commissions](/usc/15/3051.md?p=18) before the [program effective date](/usc/15/3051.md?p=14).
- (b) **Preemption—** The rules of the [Authority](/usc/15/3051.md?p=1) promulgated in accordance with this chapter shall preempt any provision of [State](/usc/15/15g.md?p=2) law or regulation with respect to matters within the jurisdiction of the [Authority](/usc/15/3051.md?p=1) under this chapter, as limited by [subsection (j)](#j).[^1] Nothing contained in this chapter shall be construed to limit the [authority](/usc/15/3051.md?p=1) of the [Commission](/usc/15/3051.md?p=3) under any other provision of law.
- (c) **Duties—**
  - (1) **In general—** The [Authority](/usc/15/3051.md?p=1)—
    - (A) shall develop uniform procedures and rules authorizing—
      - (i) access to offices, [racetrack](/usc/15/3051.md?p=15) facilities, other places of business, books, records, and personal property of [covered persons](/usc/15/3051.md?p=6) that are used in the care, treatment, training, and racing of [covered horses](/usc/15/3051.md?p=4);
      - (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](/usc/15/3051.md?p=18) before the [program effective date](/usc/15/3051.md?p=14); and
    - (B) with respect to an unfair or deceptive act or practice described in [section 3059 of this title](/usc/15/3059.md), may recommend that the [Commission](/usc/15/3051.md?p=3) commence an enforcement action.
  - (2) **Approval of Commission—** The procedures and rules developed under [paragraph (1)(A)](#c-1-A) shall be subject to approval by the [Commission](/usc/15/3051.md?p=3) in accordance with [section 3053 of this title](/usc/15/3053.md).
- (d) **Registration of covered persons with Authority—**
  - (1) **In general—** As a condition of participating in covered races and in the care, ownership, treatment, and training of [covered horses](/usc/15/3051.md?p=4), a covered [person](/usc/15/7a.md?p=6) shall register with the [Authority](/usc/15/3051.md?p=1) in accordance with rules promulgated by the [Authority](/usc/15/3051.md?p=1) and approved by the [Commission](/usc/15/3051.md?p=3) in accordance with [section 3053 of this title](/usc/15/3053.md).
  - (2) **Agreement with respect to Authority rules, standards, and procedures—** Registration under this subsection shall include an [agreement](/usc/15/7a.md?p=2) by the covered [person](/usc/15/7a.md?p=6) to be subject to and comply with the rules, standards, and procedures developed and approved under [subsection (c)](#c).
  - (3) **Cooperation—** A covered [person](/usc/15/7a.md?p=6) registered under this subsection shall, at all times—
    - (A) cooperate with the [Commission](/usc/15/3051.md?p=3), the [Authority](/usc/15/3051.md?p=1), 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](/usc/15/7a.md?p=6) if questioned by the [Commission](/usc/15/3051.md?p=3), the [Authority](/usc/15/3051.md?p=1), the anti-doping and medication control enforcement agency, or any respective designee.
  - (4) **Failure to comply—** Any failure of a covered [person](/usc/15/7a.md?p=6) to comply with this subsection shall be a violation of [section 3057(a)(2)(G) of this title](/usc/15/3057.md?p=a-2-G).
- (e) **Enforcement of programs—**
  - (1) **Anti-doping and medication control enforcement agency—**
    - (A) **Agreement with USADA—** The [Authority](/usc/15/3051.md?p=1) shall seek to enter into an [agreement](/usc/15/7a.md?p=2) 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 program](/usc/15/3051.md?p=9).
    - (B) **Agreement with other entity—** If the [Authority](/usc/15/3051.md?p=1) and the United States Anti-Doping Agency are unable to enter into the [agreement](/usc/15/7a.md?p=2) described in [subparagraph (A)](#e-1-A), the [Authority](/usc/15/3051.md?p=1) shall enter into an [agreement](/usc/15/7a.md?p=2) with an entity that is nationally recognized 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 enforcement agency under this chapter for services consistent with the [horseracing anti-doping and medication control program](/usc/15/3051.md?p=9).
    - (C) **Negotiations—** Any negotiations under this paragraph shall be conducted in good faith and designed to achieve efficient, effective best practices for anti-doping and medication control and enforcement on commercially reasonable terms.
    - (D) **Elements of agreement—** Any [agreement](/usc/15/7a.md?p=2) 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 provision for the revision of the [agreement](/usc/15/7a.md?p=2) to increase in the scope of work as provided for in [subsection (k)](#k),[^2] and any other matter the [Authority](/usc/15/3051.md?p=1) considers appropriate.
    - (E) **Duties and powers of enforcement agency—** The anti-doping and medication control enforcement agency under an [agreement](/usc/15/7a.md?p=2) under this paragraph shall—
      - (i) serve as the independent anti-doping and medication control enforcement organization for [covered horses](/usc/15/3051.md?p=4), [covered persons](/usc/15/3051.md?p=6), and [covered horseraces](/usc/15/3051.md?p=5), implementing the anti-doping and medication control program on behalf of the [Authority](/usc/15/3051.md?p=1);
      - (ii) ensure that [covered horses](/usc/15/3051.md?p=4) and [covered persons](/usc/15/3051.md?p=6) 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](/usc/15/3051.md?p=6) and [covered horses](/usc/15/3051.md?p=4) 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](/usc/15/3055.md?p=c-4) in accordance with that section; and
      - (v) implement and undertake any other responsibilities specified in the [agreement](/usc/15/7a.md?p=2).
    - (F) **Term and extension—**
      - (i) **Term of initial agreement—** The initial [agreement](/usc/15/7a.md?p=2) entered into by the [Authority](/usc/15/3051.md?p=1) under this paragraph shall be in effect for the 5-year period beginning on the [program effective date](/usc/15/3051.md?p=14).
      - (ii) **Extension—** At the end of the 5-year period described in [clause (i)](#e-1-F-i), the [Authority](/usc/15/3051.md?p=1) may—
        - (I) extend the term of the initial [agreement](/usc/15/7a.md?p=2) under this paragraph for such additional term as is provided by the rules of the [Authority](/usc/15/3051.md?p=1) and consistent with this chapter; or
        - (II) enter into an [agreement](/usc/15/7a.md?p=2) meeting the requirements of this paragraph with an entity described by [subparagraph (B)](#e-1-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—** The [Authority](/usc/15/3051.md?p=1) may enter into [agreements](/usc/15/7a.md?p=2) with [State racing commissions](/usc/15/3051.md?p=18) for services consistent with the enforcement of the [racetrack safety program](/usc/15/3051.md?p=16).
      - (ii) **Anti-doping and medication control program—** The anti-doping and medication control enforcement agency may enter into [agreements](/usc/15/7a.md?p=2) with [State racing commissions](/usc/15/3051.md?p=18) for services consistent with the enforcement of the anti-doping and medication control program.
    - (B) **Elements of agreements—** Any [agreement](/usc/15/7a.md?p=2) under this paragraph shall include a description of the scope of work, performance metrics, reporting obligations, budgets, and any other matter the [Authority](/usc/15/3051.md?p=1) considers appropriate.
  - (3) **Enforcement of standards—** The [Authority](/usc/15/3051.md?p=1) may coordinate with [State racing commissions](/usc/15/3051.md?p=18) and other [State](/usc/15/15g.md?p=2) regulatory agencies to monitor and enforce [racetrack](/usc/15/3051.md?p=15) compliance with the standards developed under paragraphs (1) and (2) of [section 3056(c) of this title](/usc/15/3056.md?p=c).
- (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 developed in accordance with [section 3055 of this title](/usc/15/3055.md).
    - (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](/usc/15/3051.md?p=1) on all anti-doping and medication control rules of the [Authority](/usc/15/3051.md?p=1).
  - (2) **Racetrack safety—** Recommendations for rules regarding [racetrack](/usc/15/3051.md?p=15) safety shall be developed by the [racetrack](/usc/15/3051.md?p=15) safety standing committee of the [Authority](/usc/15/3051.md?p=1).
- (g) **Issuance of guidance—**
  - (1) The [Authority](/usc/15/3051.md?p=1) may issue guidance that—
    - (A) sets forth—
      - (i) an interpretation of an existing rule, standard, or procedure of the [Authority](/usc/15/3051.md?p=1); or
      - (ii) a policy or practice with respect to the [administration](/usc/15/636e.md?p=1) or enforcement of such an existing rule, standard, or procedure; and
    - (B) relates solely to—
      - (i) the [administration](/usc/15/636e.md?p=1) of the [Authority](/usc/15/3051.md?p=1); or
      - (ii) any other matter, as specified by the [Commission](/usc/15/3051.md?p=3), by rule, consistent with the public interest and the purposes of this subsection.
  - (2) **Submittal to Commission—** The [Authority](/usc/15/3051.md?p=1) shall submit to the [Commission](/usc/15/3051.md?p=3) any guidance issued under [paragraph (1)](#g-1).
  - (3) **Immediate effect—** Guidance issued under [paragraph (1)](#g-1) shall take effect on the date on which the guidance is submitted to the [Commission](/usc/15/3051.md?p=3) under [paragraph (2)](#g-2).
- (h) **Subpoena and investigatory authority—** The [Authority](/usc/15/3051.md?p=1) shall have subpoena and investigatory [authority](/usc/15/3051.md?p=1) with respect to civil violations committed under its jurisdiction.
- (i) **Civil penalties—** The [Authority](/usc/15/3051.md?p=1) shall develop a list of civil penalties with respect to the enforcement of rules for [covered persons](/usc/15/3051.md?p=6) and [covered horseraces](/usc/15/3051.md?p=5) under its jurisdiction.
- (j) **Civil actions—**
  - (1) **In general—** In addition to civil sanctions imposed under [section 3057 of this title](/usc/15/3057.md), the [Authority](/usc/15/3051.md?p=1) may commence a civil action against a covered [person](/usc/15/7a.md?p=6) or [racetrack](/usc/15/3051.md?p=15) that has engaged, is engaged, or is about to engage, in acts or practices constituting 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 jurisdiction of the United States, to enjoin such acts or practices, to enforce any civil sanctions imposed under that section, and for all other relief to which the [Authority](/usc/15/3051.md?p=1) may be entitled.
  - (2) **Injunctions and restraining orders—** With respect to a civil action commenced under [paragraph (1)](#j-1), upon a proper showing, a permanent or temporary injunction or restraining order shall be granted without bond.
- (k) **Limitations on authority—**
  - (1) **Prospective application—** The jurisdiction and [authority](/usc/15/3051.md?p=1) of the [Authority](/usc/15/3051.md?p=1) and the [Commission](/usc/15/3051.md?p=3) with respect to the [horseracing anti-doping and medication control program](/usc/15/3051.md?p=9) and the [racetrack safety program](/usc/15/3051.md?p=16) shall be prospective only.
  - (2) **Previous matters—**
    - (A) **In general—** The [Authority](/usc/15/3051.md?p=1) and the [Commission](/usc/15/3051.md?p=3) may not investigate, prosecute, adjudicate, or penalize conduct in violation of the [horseracing anti-doping and medication control program](/usc/15/3051.md?p=9) and the [racetrack safety program](/usc/15/3051.md?p=16) that occurs before the [program effective date](/usc/15/3051.md?p=14).
    - (B) **State racing commission—** With respect to conduct described in [subparagraph (A)](#k-2-A), the applicable [State racing commission](/usc/15/3051.md?p=18) shall retain [authority](/usc/15/3051.md?p=1) until the final resolution of the matter.
  - (3) **Other laws unaffected—** This chapter shall not be construed to modify, impair or restrict the operation of the general laws or regulations, as may be amended from time to time, of the United States, the [States](/usc/15/15g.md?p=2) and their political subdivisions relating to criminal conduct, cruelty to animals, matters unrelated to antidoping, medication control and [racetrack](/usc/15/3051.md?p=15) and racing safety of [covered horses](/usc/15/3051.md?p=4) and covered races, and the use of medication in human participants in covered races.
- (l) **Election for other breed coverage under chapter—**
  - (1) **In general—** A [State racing commission](/usc/15/3051.md?p=18) or a breed governing 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 subsequent approval by the [Authority](/usc/15/3051.md?p=1). A [State racing commission](/usc/15/3051.md?p=18) may elect to have a breed covered by this chapter for the applicable [State](/usc/15/15g.md?p=2) only.
  - (2) **Election conditional on funding mechanism—** A [commission](/usc/15/3051.md?p=3) or organization may not make an election under [paragraph (1)](#l-1) unless the [commission](/usc/15/3051.md?p=3) or organization has in place a mechanism to provide sufficient funds to cover the costs of the [administration](/usc/15/636e.md?p=1) 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](/usc/15/3051.md?p=1) shall apportion costs described in [paragraph (2)](#l-2) in connection with an election under [paragraph (1)](#l-1) fairly among all impacted segments of the horseracing industry, subject to approval by the [Commission](/usc/15/3051.md?p=3) in accordance with [section 3053 of this title](/usc/15/3053.md). Such apportionment may not provide for the allocation of costs or funds among breeds of horses.

## Footnotes

[^1]: So in original. Probably should be “subsection (k)”.
[^2]: So in original.

## Source credit

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

## Notes

### 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”, meaning title XII of div. FF of Pub. L. 116–260, to reflect the probable intent of Congress.