which the Agency may fill the remaining open Board 
positions; and 
(4) 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 re-
mains to be filled. 
(d) CONFLICTS OF INTEREST.—To avoid any conflict 
of interest, no member of the Board shall be— 
(1) an individual who has a financial interest in 
or provides goods or services to covered horses; 
(2) an official or officer of any equine industry 
representative or serve in any governance or policy-
making capacity for an equine industry representa-
tive; or 
(3) an employee or have a business or commer-
cial relationship with any of the individuals or orga-
nizations described in paragraph (1) or (2). 
(e) TERMS; VACANCIES.— 
(1) STAGGERED TERMS.—The terms of mem-
bers of the Board shall be 3 years and shall be stag-
gered so that the terms of no more than 5 members 
of the Board expire in any year. 
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(2) LIMITATION
ON
CONSECUTIVE
TERMS.— 
Members of the Board may serve for no more than 
2 consecutive full terms. 
(3) VACANCIES.—Vacancies among Board posi-
tions 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 com-
pleted 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 mem-
bers 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). 
(f) STANDING COMMITTEES.— 
(1) IN GENERAL.—The Authority shall estab-
lish one or more standing advisory and technical 
committees, which shall include qualified representa-
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tives from horseracing industry constituencies, in-
cluding trainers, owners, the breed registry, veteri-
narians, regulators, race tracks, testing laboratories, 
bettors, and jockeys. 
(2) COMMITTEE ON DEVELOPMENT AND MAIN-
TENANCE OF THE HORSERACING ANTI-DOPING AND 
MEDICATION
CONTROL
PROGRAM.—The Authority 
shall establish a standing advisory committee, which 
shall include medication and regulatory experts and 
other representatives from horseracing industry con-
stituencies, to provide advice and guidance to the 
Board on the development and maintenance of the 
horseracing anti-doping and medication control pro-
gram. 
(3) CHAIRPERSON
OF
COMMITTEE
ON
PER-
MITTED AND PROHIBITED SUBSTANCES AND METH-
ODS.—The Authority shall appoint the Board mem-
ber 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. 
(4) 
DUTIES.—The 
committees 
established 
under paragraph (1) shall assist the Authority in es-
tablishing and administering the horseracing anti- 
doping and medication control program. 
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(5) COMMITTEE CONFLICTS OF INTEREST.—No 
standing committee members, other than those who 
are members of the Board of the Authority or em-
ployees of the Authority, shall be subject to the con-
flict of interest provisions set forth in section 5(d). 
(g) ADMINISTRATION OF THE AUTHORITY.— 
(1) ADMINISTRATIVE
STRUCTURE.—The Au-
thority 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 ap-
propriate to carry out the responsibilities set forth in 
this Act. 
(2) EMPLOYEES
GENERALLY.—The Board of 
the Authority shall select the Authority’s chief exec-
utive officer. All Authority employees shall serve at 
the pleasure the Authority’s chief executive officer. 
All Authority employees shall be subject to the con-
flict of interest revisions applicable to members of 
the Board of the Authority as set forth in section 
5(d). 
(h) OVERSIGHT OF RULES PRESCRIBED BY THE AU-
THORITY.— 
(1) FILING
REQUIREMENT.—The Authority 
shall file with the Commission, in accordance with 
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such rules as the Commission may prescribe, copies 
of any proposed rule or change to any rule (collec-
tively ‘‘proposed rule’’) of the Authority. Proposed 
rule means the lists of permitted and prohibited sub-
stances; laboratory standards for accreditation and 
protocols; schedules of sanctions for violations; proc-
esses and procedures for disciplinary hearings; and 
formula and methodology for determining assess-
ments set out in section 11(d). 
(2) PUBLICATION AND COMMENT.— 
(A) IN GENERAL.—The Commission shall 
publish the proposed rule and provide interested 
persons an opportunity to comment. 
(B) APPROVAL REQUIRED.—No proposed 
rule shall take effect unless it has been ap-
proved by the Commission. 
(3) APPROVAL.— 
(A) PERIOD.—The Commission shall ap-
prove or disapprove a proposed rule no later 
than 45 days after the proposed rule is pub-
lished. 
(B) CONDITIONS.—The Commission shall 
approve a proposed rule if it finds that such 
proposed rule is consistent with the require-
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