Sec. 5. Establishment of horseracing anti-doping and medication control authority
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There is established the Horseracing Anti-doping and Medication Control Authority, a private, independent, self-regulatory, nonprofit corporation with responsibility for developing and administering an anti-doping and medication control program for covered horses, covered persons, and covered horseraces. The Authority shall be governed by a board (in this section referred to as the Board ) which shall be comprised of the following: The chief executive officer of the United States Anti-Doping Agency.
Six individuals, selected by the United States Anti-Doping Agency from among members of the board of the United States Anti-Doping Agency. Six individuals selected by the United States Anti-Doping Agency— from among individuals who represent different equine industry constituencies; and such that— at least 1 member has expertise in equine anti-doping and medication control regulation; at least 1 member has significant experience as an owner of covered horses or is a person with expertise in the breeding of race horses; at least 1 member was formerly employed as an executive with a racetrack; at least 1 member has a degree in veterinary medicine and either has expertise in equine veterinary practice with regard to race horses or expertise in veterinary research in matters affecting race horses; at least 1 member has expertise in training covered horses; and at least 1 member has expertise in riding covered horses as a jockey.
In selecting individuals under subsection (b), the United States Anti-Doping Agency shall— solicit lists of 2 candidates each from a cross-section of equine industry representatives; endeavor to provide diversity among the Board’s membership between persons primarily involved with the 3 breeds of racehorses, to the greatest extent practicable and consistent with the standards for Board membership set forth in this section; if Board positions remain unfilled from the lists solicited under paragraph (1), ask organizations, groups, and associations that represent the various equine constituencies set forth in subsection (b)(3)(B) to submit an additional 2 candidates from which the Agency may fill the remaining open Board positions; and if Board positions remain unfilled from the second set of candidate lists, choose, in accordance with subsection (b), one or more persons at large with substantial experience in the equine industry and meets the qualifications of the person described in subsection
(b)whose position on the Board remains to be filled. To avoid any conflict of interest, no member of the Board shall be— an individual who has a financial interest in or provides goods or services to covered horses; an official or officer of any equine industry representative or serve in any governance or policymaking capacity for an equine 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 members of the Board shall be 3 years and shall be staggered so that the terms of no more than 5 members of the Board expire in any year. Members of the Board may serve for no more than 2 consecutive full terms. Vacancies among Board positions held by equine industry candidates shall be filled pursuant to the provisions of subsection
(b)and any other vacancies shall be filled pursuant to the provisions of the rules of the Authority. At any time after the expiration of 5 years following the date on which initial selection and appointment of the members of the Board of the Authority is completed under section 5, the United States Anti-Doping Agency may withdraw from participation in the Authority and direct its chief executive officer and board members resign their memberships on the Board of the Authority. Following receipt of such resignations by the Authority, the remaining members of the Board of the Authority shall select new Board members to fill the vacant positions in the same manner as is provided in paragraphs
(1)through
(4)of subsection (c). 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, bettors, and jockeys. The Authority shall establish a standing advisory committee, which shall include medication and regulatory experts and other representatives from horseracing industry constituencies, to provide advice and guidance to the Board on the development and maintenance of the horseracing anti-doping and medication control program The Authority shall appoint the Board member selected pursuant to subsection (b)(3)(B)(i) to serve as the chairperson of the standing advisory and technical committee on permitted and prohibited substances and methods. The committees established under paragraph
(1)shall assist the Authority in establishing and administering the horseracing anti-doping and medication control program. No standing committee members, other than those who are members of the Board of the Authority or employees of the Authority, shall be subject to the conflict of interest provisions set forth in section 5(d). The Authority shall establish an administrative structure and employ among its staff employees with sufficient experience in and knowledge of equine-related and anti-doping and medication control matters as appropriate to carry out the responsibilities set forth in this Act. The Board of the Authority shall select the Authority’s chief executive officer. All Authority employees shall serve at the pleasure the Authority’s chief executive officer. All Authority employees shall be subject to the conflict of interest revisions applicable to members of the Board of the Authority as set forth in section 5(d). The Authority shall file with the Commission, in accordance with such rules as the Commission may prescribe, copies of any proposed rule or change to any rule (collectively proposed rule ) of the Authority. Proposed rule means the lists of permitted and prohibited substances; laboratory standards for accreditation and protocols; schedules of sanctions for violations; processes and procedures for disciplinary hearings; and formula and methodology for determining assessments set out in section 11(e). The Commission shall publish the proposed rule and provide interested persons an opportunity to comment. No proposed rule shall take effect unless it has been approved by the Commission. The Commission shall approve or disapprove a proposed rule no later than 45 days after the proposed rule is published. The Commission shall approve a proposed rule if it finds that such proposed rule is consistent with the requirements of this Act and the rules and regulations promulgated by the Commission. If the Authority imposes any final sanction, the Authority shall promptly file notice thereof with the Commission in such form as the Commission may require. All final sanctions of the Authority shall be subject to review by an administrative law judge appointed pursuant to this Act upon application by the Commission or any person aggrieved by such final sanction filed within 30 days after the date such notice was filed with the Commission. The Commission shall appoint one or more administrative law judges to serve a term of seven years unless earlier removed by the Commission for cause. At the time of his/her appointment, the administrative law judge shall have been a practicing lawyer for at least ten years and shall have demonstrated expertise in matters relating to horseracing and anti-doping and medication control. In matters reviewed pursuant to this subsection, the administrative law judge shall conduct a hearing in a manner as the Commission may specify by rule. Such hearing shall conform to section 556 of title 5, United States Code. The administrative law judge shall determine whether— a person has engaged in such acts or practices or has omitted such acts or practices as the Authority has found the person to have engaged in or omitted; and such acts, practices, or omissions are in violation of the Act or the anti-doping and medication control rules approved by the Commission. The administrative law judge shall render a decision within 60 days of the conclusion of the hearing. Such decision may affirm, reverse, modify, set aside, or remand for further proceedings, in whole or in part, the final sanction of the Authority. Such decision shall constitute the decision of the Commission without further proceedings unless there is a timely notice or application for review filed pursuant to paragraph (3). The Commission may, on its own motion, review any decision of the administrative law judge rendered pursuant to subsection (i)(2) by giving notice thereof to the Authority and interested parties within 30 days of the decision by the administrative law judge. The Authority or any person aggrieved by the decision of an administrative law judge rendered pursuant to subsection (i)(2) may petition the Commission to review such decision by filing an application for review within 30 days of the rendering of such decision. If such application is denied, the decision of the administrative law judge shall constitute the decision of the Commission without further proceedings. Whether to grant review is within the Commission’s discretion, provided however that the Commission may grant review only where the application therefor demonstrates: a prejudicial error was committed in the conduct of the proceeding; or the decision embodies an erroneous application of the anti-doping and medication rules previously approved by the Commission. In matters reviewed pursuant to this subsection, the Commission may affirm, reverse, modify, set aside or remand for further proceedings, in whole or in part, on the basis of the record before the administrative law judge and briefs submitted to the Commission. The Commission shall give deference to a factual finding by the administrative law judge unless such finding is clearly erroneous. The Commission shall review a conclusion of law by the administrative law judge de novo. The Commission shall not permit the taking of additional evidence except upon a showing that such additional evidence is material and that such evidence could not in the exercise of reasonable diligence have been adduced previously. Review by an administrative law judge or the Commission pursuant to subsection
(i)shall not operate as a stay of any final sanction of the Authority unless the administrative law judge or Commission otherwise orders.