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.

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

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.

Continue reading “Congressman Clay Higgins Works to Repeal HISA: H. R. 5693”

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

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

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

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.

Continue reading “Racehorse Health and Safety Act of 2023: H. R. 5693”

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

Federal Trade Commission (FTC) ACT

After President Woodrow Wilson signed the Federal Trade Commission Act into law in 1914,
The FTC opened its doors on March 16,1915.

Federal Trade Commission

Rules

Premerger Notification:

Reporting and Waiting Period Requirements

FR Document:2024-25024 Citation:89 FR 89216 PDF Pages 89216-89414 (199 pages) Permalink

SOURCE

15 USC CHAPTER 2, SUBCHAPTER I: FEDERAL TRADE COMMISSION

FTC Page