enforcing the provisions of this section; 
and 
‘‘(B) with respect to violations of sub-
section (b) by a person, or with respect to a 
horse, in multiple States. 
‘‘(2) UNFAIR OR DECEPTIVE ACT OR PRACTICE; 
ACTIONS
BY
FEDERAL
TRADE
COMMISSION.—In 
cases in which the Federal Trade Commission en-
forces the provisions of this section pursuant to 
paragraph (1)— 
‘‘(A) a violation of a prohibition described 
in subsection (b) or (c) shall be treated as a 
violation of a rule defining an unfair or decep-
tive act or practice described under section 
18(a)(1)(B) of the Federal Trade Commission 
Act (15 U.S.C. 57a(a)(1)(B)); and 
‘‘(B) except as provided in paragraph (3), 
the Federal Trade Commission shall enforce the 
provisions of this section in the same manner, 
by the same means, and with the same jurisdic-
tion, powers, and duties as though all applicable 
terms and provisions of the Federal Trade 
Commission Act (15 U.S.C. 41 et seq.) were in-
corporated into and made part of this section. 
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‘‘(3) ENFORCEMENT WITH RESPECT TO NON-
PROFIT ORGANIZATIONS.—Notwithstanding any pro-
vision of the Federal Trade Commission Act (15 
U.S.C. 41 et seq.), the Federal Trade Commission 
shall have the authority to enforce the provisions of 
this section pursuant to paragraph (1) with respect 
to organizations that are described in section 
501(c)(3) of the Internal Revenue Code of 1986 and 
that are exempt from taxation under section 501(a) 
of such Code. 
‘‘(g) RULEMAKING.—The Federal Trade Commission 
shall prescribe such rules as may be necessary to carry 
out the provisions of this section in accordance with the 
provisions of section 553 of title 5, United States Code. 
‘‘(h) EFFECT ON STATE LAWS.—Nothing in this sec-
tion preempts a State from adopting or enforcing a law, 
policy, or regulation prohibiting the use of performance- 
enhancing drugs in horseracing to the extent that the law, 
policy, or regulation imposes additional requirements or 
higher penalties than are provided for under this section. 
‘‘SEC. 10. PRIVATE RIGHT OF ACTION FOR CERTAIN VIOLA-
TIONS. 
‘‘Notwithstanding sections 6 and 7, in any case in 
which a person has reason to believe that an interest of 
that person is threatened or adversely affected by the en-
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gagement of another person in a practice that violates a 
provision of section 9 or a rule prescribed under section 
9, the person may bring a civil action in an appropriate 
district court of the United States or other court of com-
petent jurisdiction— 
‘‘(1) to enjoin the practice; 
‘‘(2) to enforce compliance with the provision or 
rule; 
‘‘(3) to enforce the penalties provided for under 
section 9(d); 
‘‘(4) to obtain damages or restitution, including 
court costs and reasonable attorney and expert wit-
ness fees; and 
‘‘(5) to obtain such other relief as the court 
considers appropriate.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and apply with respect to horseraces oc-
curring on or after that date. 
Æ 
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