Sec. 5. Independent anti-doping Authority for interstate horseracing
570 words·~3 min read·
/bill/114/hr/3084/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
There is established the Thoroughbred Horseracing Anti-Doping Authority, an independent organization with responsibility for developing and administering an anti-doping program for covered horses, covered persons, and covered horseraces. The Authority shall be a nonprofit corporation governed by a board initially comprised of the United States Anti-Doping Agency’s chief executive officer, five United States Anti-Doping Agency board members, and five individuals from different constituencies of the Thoroughbred industry who shall be appointed by the United States Anti-Doping Agency, as follows:
The United States Anti-Doping Agency shall solicit lists of two candidates each from a cross-section of thoroughbred industry representatives, the members of which include owners and breeders, trainers, veterinarians, racing associations, State racing commissions and jockeys. The United States Anti-Doping Agency may, in its sole discretion, include more than one thoroughbred industry representative from each such Thoroughbred constituency but shall make reasonable efforts to include the largest and most broadly based organization or organizations from each Thoroughbred constituency.
The United States Anti-Doping Agency shall endeavor to provide diversity of industry membership on the board by allocating board positions among the nominees from those Thoroughbred constituencies to the greatest extent practicable and consistent with the standards for board membership set forth in this section. Should such Agency not fill all open board positions from among the initially listed candidates, it shall ask each of the Thoroughbred industry representatives to submit an additional list of two persons from which the Agency may fill the then remaining open board positions.
Should such Agency choose not to fill any of the then remaining open board positions from the second set of candidate lists, it may choose one or more persons at large with substantial experience in the Thoroughbred industry as board members. To avoid any conflict of interest, no nominee or board member shall be— an individual who has a financial interest in or provides goods or services to covered horses; an official, officer, or serve in any governance or policymaking capacity for any Thoroughbred industry representative; or an employee or have a business or commercial relationship with any of the individuals or organizations described in paragraphs
(1)or (2). The terms of board members shall be three years and shall be staggered so that the terms of no more than four board members expire in any year. Board members may serve for no more than two consecutive full terms. Vacancies among board positions held by Thoroughbred industry candidates shall be filled pursuant to the provisions of subsection
(b)and any other vacancies will be filled pursuant to the provisions of the Authority’s bylaws. The Authority shall establish one or more standing advisory and technical committees, which shall include qualified representatives from horseracing industry constituencies including trainers, owners, the breed registry, veterinarians, regulators, race tracks, testing laboratories, customers, and jockeys. The Authority shall designate a representative of the medication and regulatory experts groups to a standing advisory and technical committee on permitted and prohibited substances and methods. The committees will assist the Authority in establishing and administering the Thoroughbred horseracing anti-doping program. Following the third anniversary of the date on which the anti-doping program identified in section 7(a) takes effect, and every four years thereafter, the Comptroller General of the United States shall analyze the Authority’s operations and provide to Congress a report regarding the performance of the Authority, limited to the Authority’s effectiveness as an anti-doping organization and the efficiency of such anti-doping program.