A Question for Congressman Clay Higgins

Statesman, Clay Higgins of Louisiana,
Question:
If H.R. 5693 passes, state racing commissions are no longer legally obligated to be regulated by HISA, or by RHSO (Racehorse Health and Safety Organization); so what stops state racing commissions from just remaining independent as they did before the Interstate Horseracing Act of 1978?

Statesman, Higgins,

Question:

If H.R. 5693 repeals The Horseracing Integrity and Safety Act of 2020 (15 U.S.C. 3051 et seq.), which incentives do state racing commissions have in order to enter into an(y) interstate compact in accordance with your proposed bill?

In other words, if state commissions are not legally compelled to be regulated by HISA, what stops state racing commissions from just remaining independent as they did before the Interstate Horseracing Act of 1978?

If H.R. 5693 passes, state racing commissions are no longer legally obligated to be regulated by HISA. They, (state racing commissions and other entities,), furthermore, have not voted to be overseen by RHSO (Racehorse Health and Safety Organization). Therefore, what induces state racing commissions to acquiesce to H.R. 5693, instead of remaining judiciously and financially independent of/from RHSO oversight?

The Federal Trade Commission (FTC), indeed, oversees the gambling aspect of horseracing on the federal, state and county levels. However, proponents of the Horseracing Integrity and Safety Act of 2020 (HISA,) vowed for, or are/and/(were,) a private entity, labeling themselves as a federal, “Authority”.

SEE: 18 USC Ch. 43 FALSE PERSONATION: sec. 912 and 913 : “Whoever falsely assumes or pretends to be an officer or employee acting under the authority of the United States or any department, agency or officer thereof, and acts as such, or in such pretended character demands or obtains any money, paper, document, or thing of value, shall be fined under this title or imprisoned not more than three years, or both.” …

“Whoever falsely represents himself to be an officer, agent, or employee of the United States, and in such assumed character arrests or detains any person or in any manner searches the person, buildings, or other property of any person, shall be fined under this title or imprisoned not more than three years, or both …”

Under the above, indicated, unconstitutional guise, (see the non-delegation doctrine), the Horseracing Integrity and Safety Authority did, in fact, (in conflict with section 32), interfere with the Federal Trade Commission’s ability to enforce federal law.

@RepClayHiggins Question:
If H.R. 5693 repeals The Horseracing Integrity and Safety Act of 2020 (15 U.S.C. 3051 et seq.), which incentives do states have in order to enter into an interstate compact in accordance with H.R. 5693? https://t.co/styuEJCrzk
— LegalPub (@LegalPub1776) November 10, 2024

Congressman Clay Higgins Works to Repeal HISA: H. R. 5693

H. R. 5693
Congressman Clay Higgins Has Introduced Legislation to Fight Against Federal Overreach and Oppressive Mandates to Improve the Integrity of Horse Racing

Introduced in House (09/26/2023)

H. R. 5693

118th CONGRESS
1st Session

To protect the health and welfare of covered horses and improve the integrity and safety of horseracing by authorizing States to enter into an interstate compact to develop and enforce scientific medication control rules and racetrack safety rules that are uniform for each equine breed, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

September 26, 2023

Mr. Higgins of Louisiana introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

OPPOSING THE UNCONSTITUTIONAL HORSERACING INTEGRITY AND SAFETY AUTHORITY: Congressman, Lance Gooden, STANDS UP FOR HORSE RACING!

“Congress should work with State racing commissions to regulate horseracing in a responsible way to ensure racetrack
safety and the economic viability of small tracks across the country.
I will work with any Senator who is willing to stand up for small tracks in the next Congress and fix this broken way of governing.”
– Congressman Lance Gooden

There is a common disagreement regarding both the constitutionality of HISA and, it’s reach.

Congressman, Lance Gooden, stood on the floor of the Senate and Sounded the ALARM AT THE DOOR that the, “Horseracing Integrity and Safety Act“, was found unconstitutional by the Fifth Circuit Court of Appeals on November 18, 2022.

The court concluded:

“By delegating unsupervised government power to a private entity, HISA violates the private non-delegation doctrine.

We therefore DECLARE that HISA is unconstitutional on that ground.

The district court’s decision is REVERSED and the case is REMANDED for further proceedings consistent with this opinion.”

(Furthermore,)
“… the court conceded that, unlike the agencies examined in any
other private non-delegation case, the FTC lacked any power “to formally modify the Authority’s rules.” Id. at *23. But this was “not fatal” to the Act’s constitutionality, because relevant precedents did not turn on the agency’s power to modify the private entity’s rules, only on its power to “approve or disapprove” them …”
SOURCE

Racehorse Health and Safety Act of 2023: H. R. 5693

H. R. 5693
Racehorse Health and Safety Act of 2023:

…”The Horseracing Integrity and Safety Act of 2020 (15 U.S.C. 3051 et seq.) is repealed. …”…

Introduced in House (09/26/2023)

H. R. 5693

118th CONGRESS
1st Session

gallop to our, “explore this bill page”

track this bill

IN THE HOUSE OF REPRESENTATIVES

September 26, 2023

Mr. Higgins of Louisiana introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

TITLE VII–FEDERAL TRADE COMMISSION OVERSIGHT OF HORSERACING INTEGRITY AND SAFETY AUTHORITY

 TITLE VII--FEDERAL TRADE COMMISSION OVERSIGHT OF HORSERACING INTEGRITY 
                          AND SAFETY AUTHORITY

SEC. 701. FEDERAL TRADE COMMISSION OVERSIGHT OF HORSERACING 
                        INTEGRITY AND SAFETY AUTHORITY.

    Section 1204(e) of the Horseracing Integrity and Safety Act of 2020 
(15 U.S.C. 3053(e)) is amended to read as follows:
    ``(e) Amendment by Commission of Rules of Authority.--The 
Commission, by rule in accordance with section 553 of title

[[Page 136 STAT. 5232]]

5, United States Code, may abrogate, add to, and modify the rules of the 
Authority promulgated in accordance with this Act as the Commission 
finds necessary or appropriate to ensure the fair administration of the 
Authority, to conform the rules of the Authority to requirements of this 
Act and applicable rules approved by the Commission, or otherwise in 
furtherance of the purposes of this Act.''.

H. R. 9132

117th CONGRESS
2d Session

H. R. 9132

To provide an extension of authority for the Horseracing Integrity and Safety Authority.

IN THE HOUSE OF REPRESENTATIVES

October 4, 2022

Mr. Gooden of Texas

2431 Rayburn House Office Building
(202) 225-3484

(for himself and

Mr. Mullin)

3817 NW Expressway #780
Oklahoma City, OK 73112
(405) 246-0025

15 W 6th St. Suite #2100
Tulsa, OK 74119
(918) 921-8520

330 Hart Senate Building
Washington, DC 20510
(202) 224-4721

introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To provide an extension of authority for the Horseracing Integrity and Safety Authority.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. EXTENSION OF AUTHORITY FOR THE HORSERACING INTEGRITY AND SAFETY AUTHORITY.

Section 1202(14) of the Horseracing Integrity and Safety Act of 2020 (15 U.S.C. 3051(14)) is amended by striking “July 1, 2022” and inserting “January 1, 2024”.”

SOURCE

H.R. 9132 page

HISA Poster Text

The Horseracing Integrity Act
116th Congress
House Sponsors: Paul Tonko (D-NY) & Andy Barr (R-KY)
Senate Sponsors: Kirsten Gillibrand (D-NY) & Martha McSally (R-AZ)

The Horseracing Integrity Act:

116th Congress
House Sponsors: Paul Tonko (D-NY) & Andy Barr (R-KY)
Senate Sponsors: Kirsten Gillibrand (D-NY) & Martha McSally (R-AZ)
“Our goal has to be zero horse deaths in horseracing.
I won’t stop working on this issue until we make that happen.”
❖ Paul Tonko
Horseracing is a Major Economic Driver

The horseracing industry generates some $15.6 billion in direct economic impact

More than 241,000 U.S. jobs are supported by the horseracing industry

Many states benefit from the horseracing industry in the form of economic and job development
o In New York, horseracing contributes more than $3 billion annually
o In Maryland, some 20,000 jobs are sustained by the horseracing industry
Lack of Uniformity Hurts Horses & the Sport

There are 38 unique state racing commissions, each with different rules and regulations

Roughly half of all Thoroughbred starts in the U.S. are from horses that compete in more than one
state and nearly eighty percent of wagers are across state lines

Nearly every country except for the U.S. has banned race-day medication, limiting the ability of
American breeders, trainers and horses to compete abroad
Congress Needs to Stop Horsing Around!
The Horseracing Integrity Act would establish a uniform national medication program, encourage
fair competition, modernize regulations across state lines and prioritize the safety and welfare of the
people and equine athletes involved in the noble sport of kings.
The Horseracing Integrity Act

Provides for the increased safety and welfare of horses, jockeys and drivers

Establishes a conflict-free, self-regulatory organization responsible for creating and implementing
an anti-doping program for the entire horseracing industry

Develops standardized list of permitted and prohibited substances, treatments and methods for all
covered races in the United States

Bans the use of all medications within 24 hours of a race

Requires full & fair information disclosure to breeding stock purchasers and the wagering public
Supported by: Humane Society of the U.S., New York Racing Association, American Society for the
Prevention of Cruelty to Animals (ASPCA), Animal Welfare Institute, the Water Hay Oats Alliance,
the Jockey Club, Animal Wellness Action, the Breeders’ Cup, Keeneland Association, the Kentucky
Thoroughbred Association, the Thoroughbred Owners and Breeders Association, the Stronach
Group, and some of the nation’s top trainers.
Congress can strengthen the competitiveness and legitimacy of America’s sport of kings while lifting
up the health and nobility of the equine athlete. The time to act is now!