this country and such records would be available for inspection and copying at all reasonable times. Criminal penalties would be prescribed for any violation of the bill. The Secretary of Agriculture would be authorized to utilize the officers and employees of any state, with its consent, in carrying out the provisions of the bill, and we would hope to rely heavily upon assistance from those states in which shows or exhibitions are held. This Department has no objection to the enactment of S. 2543. The Bureau of the Budget advises that there is no objection to the presentation of this report from the standpoint of the Administration's program. Sincerely, J. PHIL CAMPBELL, Under Secretary. Hon. WARREN G. MAGNUSON, U.S. DEPARTMENT OF JUSTICE, OFFICE OF THE DEPUTY ATTORNEY GENERAL, Chairman, Senate Committee on Commerce, DEAR SENATOR: This is in response to your request for the views of the Department of Justice on S. 2543, a bill "to protect interstate and foreign commerce by prohibiting the movement in such commerce of horses which are 'sored,' and for other purposes." If enacted, this bill woud prohibit the interstate transportation of any horse which is "sored," i.e., one that has been maimed for the purpose of affecting its gait. In addition, this bill would prohibit the exhibition of such horses following their movement in interstate commerce, and would further prohibit the conducting of any horse show which included such horses among its exhibits. Any violation of this Act would be punishable by a fine of not more than $500 or imprisonment for not more than six months, or both. As to the need for this type of legislation and the feasibility of the regulatory action authorized under it, the Department of Justice defers to the views of the regulatory agency which would be responsible for its administration, the Department of Agriculture. The Bureau of the Budget has advised that there is no objection to the submission of this report from the standpoint of the Administration's program. Sincerely, RICHARD G. KLEINDIENST, DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE, October 3, 1969. Hon. WARREN G. MAGNUSON, DEAR MR. CHAIRMAN: This letter is in response to your request of July 9, 1969, for a report on S. 2543, a bill "To protect interstate and foreign commerce by prohibiting the movement in such commerce of horses which are ‘sored,' and for other purposes." The bill would prohibit the movement in commerce of horses which have been subjected to certain treatments which inflict pain upon, or cause distress to, the animal in order to alter its gait, presumably for show purposes. Such treatments include the application of blistering treatments internally or externally; the infliction of burns, cuts, or lacerations; the use of chemical agents, tacks, nails, or wedges; or any other method or device intended to result in pain or cause distress to the horse while it is moving. The bill provides that the Secretary of Agriculture is authorized to make inspections of horses which are being moved, or have been moved in commerce, including inspections of horses at shows or exhibitions. Persons in charge of horse shows would be required to keep such records as the Secretary of Agriculture by regulation requires for the purpose of enforcing this Act. The provisions of S. 2543 would not impinge upon any present program activities or functions of the Department of Health, Education, and Welfare. We therefore defer to the views of the Department of Agriculture on the need for and desirability of this proposed legislation. We are advised by the Bureau of the Budget that there is no objection to the presentation of this report from the standpoint of the Administration's program. Sincerely, ROBERT H. FINCH, Secretary. Senator TYDINGS. In addition, I would like to insert at the end of the hearing a sampling of some of the letters I have received on this bill as well as some newspaper editorials which discuss it. Senator Spong has asked me to state that, because of flood control hearings which relate directly to the recent flooding of Alexandria, he cannot be here at the same time those hearings are being held; however, he is a cosponsor and a strong advocate of this legislation. Our first witness today is Dr. Frank J. Mulhern, Deputy Administrator for regulatory and control programs of the Agriculture Research Service, Department of Agriculture, Washington, D.C. We are delighted to have Dr. Mulhern with us. STATEMENT OF DR. FRANCIS J. MULHERN, DEPUTY ADMINISTRATOR, REGULATORY AND CONTROL PROGRAMS, AGRICULTURAL RESEARCH SERVICE, U.S. DEPARTMENT OF AGRICULTURE Dr. MULHERN. Mr. Chairman and members of the committee. I appreciate the opportunity to appear before you regarding the provisions of S. 2543 which is under consideration by the committee. The bill would regulate the movement in commerce, as defined in the bill, of horses which are sored. The Department has no objection to the enactment of S. 2543. The bill would make it unlawful for any person (1) to move any horse in commerce for the purpose of showing or exhibiting if the person has reason to believe the horse is sored, (2) to show or exhibit a sored horse if that horse or any other horse at the show or exhibition had moved in commerce, and (3) to conduct any horse show or exhibition involving a sored horse if any horse moved to the show or exhibition in commerce. Soring is defined under section 2(a) of the bill. If enacted, we would consider that the presence of heat, swelling, redness, or other evidence of inflammation or loss of function of any part of the horse is evidence of the existence of physical pain within the meaning of section 2(a). Soring consists of producing inflammation in the lower leg area, usually the pastern, or the forelimbs of horses and is accomplished most often by the application of irritants. The practice is generally identified with the Tennessee walking horse. Reportedly, devices have been used under shoe pads to exert abnormal pressure on the hoof in the frog area. Irritants reported to be commonly used are oil of mustard and red iodide of mercury. The purpose of soring is to accentuate the natural gait of the Tennessee walking horse. Accentuated or high action of the fore feet is reportedly desirable in the judging of these show horses, leading to the winning of ribbons. Available information indicates that the practice of soring is conducted in most States where shows or exhibitions involving Tennessee walking horses are held. The Department would be authorized to issue such rules and regulations as are deemed necessary to carry out the provisions of the bill. Section 8 of the bill would require utilization of existing Depart ment personnel and facilities, to the maximum extent possible, in carrying out the purposes of the bill. Also, the Department would be authorized to utilize officers and employees of any State, with its consent, to assist in carrying out the purposes of the bill. We would expect to rely heavily on such assistance, particularly from those States in which shows or exhibitions of the Tennessee walking horse are held. Also, we consider it vital that associations, breeders, exhibitors, and other local persons should comply fully with the applicable rules, standards, and laws within their individual States and organizations as a means of eliminating the practice of soring. Mr. Chairman, I will be happy to respond to any questions you or the members of the committee may have. Senator TYDINGS. Thank you very much, Dr. Mulhern. Your interpretation of the bill as set forth in the last paragraph on the first page of your testimony is certainly the way we would have it interpreted. We may write that language into the report so there is no question about it. Do you feel that, if the bill is enacted, the Department would vigorously enforce the matter? Dr. MULHERN. Yes, sir; I believe so. Senator TYDINGS. Even if it required shutting down a major Tennessee walking-horse exhibition? Dr. MULHERN. We think it is a deplorable practice which needs to be stopped. We would take the action necessary to do it. Senator TYDINGS. I think if you shut down one or two major horse shows you will find overnight that the practice has ceased. Unfortunately, trainers and owners who do sore their horses overlook others who do so also. But I don't think it would require too much to stop the entire practice; it may merely require the shutting down of a major horse show or two. How would you police the "world series" of walking horse exhibitions-the Tennessee Walking Horse National Celebration at Shelbyville? Would you actually have some member of the Department of Agriculture there at the exhibition? Dr. MULHERN. Before a show, we would do all we could to inform everyone responsible of the consequences involved if sored horses are shown. We would have our personnel present at the show. Senator TYDINGS. Did you have observers at the most recent Shelbyville show? Dr. MULHERN. Yes, we did. Senator TYDINGS. Were any of them veterinarians? Dr. MULHERN. Yes, our two representatives were veterinarians. Senator TYDINGS. Did he make any reports describing how common sored horses were among those exhibited? Dr. MULHERN. Yes. He said that it was very evident there were sored horses being shown. Senator TYDINGS. I understand that, when my walking-horse bill was introduced in the 90th Congress, the Department of Agriculture wrote to various State departments of agriculture to find out how extensive the practice of soring horses really was; is that correct? Dr. MULHERN. That is true. Senator TYDINGS. Is it true that you discovered from the various State departments of agriculture that the practice of soring is very extensive? Dr. MULHERN. Yes; it is quite common in States which show or exhibit Tennessee walking horses. Senator TYDINGS. Did you also conclude that State laws on the subject are either nonexistent, inadequate, or poorly enforced? Dr. MULHERN. Our position toward the bill in the last Congress was that this should be a State responsibility. After investigating and noting the evidence of the soring that was occurring, even in States where they had laws, we have removed our objection. Senator TYDINGS. Thank you very much, Dr. Mulhern. (After the hearings the following material was submitted for the record by Dr. Mulhern :) Dr. FRANK J. MULHERN, SEPTEMBER 18, 1969. Deputy Administrator for Regulatory and Control Programs, Agriculture Research Service, Department of Agriculture, Washington, D.C. DEAR DR. MULHERN: At yesterday's hearings on S. 2543, the proposed "Horse Protection Act of 1969", we neglected to ask you what the Department of Agriculture has estimated would be the annual cost of administering this bill, should it be enacted into law. Since this information will obviously be of great importance to the Committee in considering this legislation, I would appreciate it if you would send me this estimate as soon as possible. I shall then see that it also appears in the hearing record. Thank you very much for your assistance. Hon. JOSEPH D. TYDINGS, U.S. Senate. JOSEPH D. TYDINGS, U.S. Senator. U.S. DEPARTMENT OF AGRICULTURE, DEAR SENATOR TYDINGS: As you requested, we are providing information concerning an estimate of funds for administering the proposed Horse Protection Act of 1969, S. 2543. If the bill is enacted, it should serve to deter persons from continuing the practice of "soring" horses as well as to reduce the number of instances involving "sored" horses. Also, we would be authorized to concentrate our enforcement activities at those places where "sored" horses are shown or exhibited. These factors should limit the number of personnel required for enforcement purposes. On this basis, we expect that the enactment of S. 2543 would not require increased appropriations. The additional workload for conducting the necessary field inspections and other enforcement activities would be carried out by existing personnel of this Service and with the assistance of State personnel as authorized under Section 8. If the enforcement workload should exceed our present expectations, it would be necessary to examine at a later time the need for additional appropriations based on experience in administering the proposed act. Sincerely, F. J. MULHERN, Deputy Administrator. Dr. FRANCIS J. MULHERN, U.S. SENATE, COMMITTEE ON COMMERCE, Washington, D.C., September 26, 1969. Deputy Administrator, Regulatory and Control Programs, Agriculture Research Service, Department of Agriculture, Washington, D.C. DEAR DR. MULHERN: I regret that a conflict made it impossible for me to attend the hearing held by the Subcommittee on Energy, Natural Resources, and the Environment of the Senate Committee on Commerce concerning the bill, S. 2543, on Wednesday, September 17. In view of my unavoidable absence, I would appreciate receiving your answers to the enclosed questions which came to mind upon examination of the hearing transcript. Your early response to these questions will be appreciated in order that they may be included in the record of the hearings on this legislation. Sincerely, HOWARD H. BAKER, Jr. U.S. DEPARTMENT OF AGRICULTURE, Hon. HOWARD H. BAKER, DEAR SENATOR BAKER: This is in answer to your letter of September 26 regarding Senate Bill 2543. We have attempted to answer your questions on the attached sheet in the order they were asked. If you have any further questions, please feel free to call upon us. Sincerely, F. J. MULHERN, Deputy Administrator. 1. In response to a question posed by Senator Tydings, you indicated that the Department of Agriculture wrote to various State Departments of Agriculture and found that soaring practices were very extensive. As a result of this erchange of correspondence, has the Department of Agriculture compiled any statistical data to support this conclusion and, if so, would you please furnish it for the record? In the alternative, if such statistical data is not available, would you please furnish for the record the Department's correspondence to the State Departments of Agriculture and their respective responses? The following letter was sent under date of April 10, 1969, to Commissioners of Agriculture on soring of horses: "This letter concerns the practice of soring used in training of Tennessee Walking Horses (TWH). Such practices are considered to be inhumane by various societies. "Soring consists of producing inflammation in the lower leg area (usually pastern) of the forelimbs of horses and is accomplished by the application of irritants. Reportedly, devices have been used under shoe pads to exert abnormal pressure on the hoof in the frog area. Irritants reported to be commonly used are oil of mustard and red iodide of mercury. The purpose of soring is to accentuate the natural gait of the Tennessee Walking Horses. Accentuated or high action of the forefeet is reportedly desirable in the judging of show classes of Tennessee Walking Horses and thus leads to the winning of ribbons. "Senate bill S. 1765 was introduced in the 90th Congress but was not enacted into law; it was intended to deal with soring of horses in interstate commerce. "The U.S. Department of Agriculture has been contacted several times during the last few years, and again recently, urging that we take action to regulate these practices. "We believe that if regulatory action of some type is indicated it should properly be done under State authorities. Therefore, we are consulting with you to determine if such authorities exist in your State and if action, or plans to take action, on this situation is already underway. "In an effort to obtain knowledge of what might be involved, our representatives were asked to observe animals at horse shows in Tennessee, North Carolina, Pennsylvania, and the District of Columbia. Soring appears to be a common practice among TWH show animals in these areas. "We can appreciate that soring may not be practiced in all States, but since we are not certain of its prevalence we feel that all States should be consulted. "Any information you have on this matter would be greatly appreciated. We are also asking our Veterinarian in Charge of our Animal Health Division in your State to consult with your chief animal health official to discuss the situation. Please let me know if any further information or clarification would be of assistance." The responses were directly related to the situation in each individual State. Statistical data was not provided in such detail as to be subject to a summary |