The text of the bill below is as of Jul 13, 1976 (Passed Congress).
PUBLIC LAW 94-360—JULY 13, 1976 90 STAT. 915 Public Law 94-360 94th Congress An Act To revise and extend the Horse Protection Act of 1970. July 13, 1976 [S. 811] Be it enojcted hy the Senate and House of Representatives of the United States of America in Congress assemhled, Horse Protection SECTION 1. (a) This Act may be cited as the "Horse Protection Act Act Amendments of 1976. Amendments of 1976", 15 u s e 1821 (b) Whenever in this Act an amendment is expressed in terms of note. an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Horse Protection Act of 1970. SEC. 2. The first section is amended by striking out "of 1970". 15 u s e 1821 SEC. 3. Section 2 (15 U.S.C. 1821) is amended to read as follows: note. "SEC. 2. As used in this Act unless the context otherwise requires: Definitions. "(1) The term 'management' means any person who organizes, exercises control over, or administers or who is responsible for organizing, directing, or administering. "(2) The term 'Secretary' means the Secretary of Agriculture. ' (3) The term 'sore' when used to describe a horse means that— "(A) an irritating or blistering agent has been applied, internally or externally, by a person to any limb of a horse, "(B) any burn, cut, or laceration has been inflicted by a person on any limb of a horse, "(C) any tack, nail, screw, or chemical agent has been injected by a person into or used by a person on any limb of a horse, or "(D) any other substance or device has been used by a person on any limb of a horse or a person has engaged in a practice involving a horse, and, as a result of such application, infliction, injection, use, or practice, such horse suffers, or can reasonably be expected to suffer, physical pain or distress, inflammation, or lameness when walking, trotting, or otherwise moving, except that such term does not include such an application, infliction, injection, use, or practice in connection with the therapeutic treatment of a horse by or under the supervision of a person licensed to practice veterinary medi- cine in the State in which such treatment was given. "(4) The term 'State' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands.". SEC. 4. Section 3 (15 U.S.C. 1822) is amended to read as follows: "SEC. 3. The Congress finds and declares that— " (1 ^ the soring of horses is cruel and inhumane; "(2) horses shown or exhibited which are sore, where such soreness improves the performance of such horse, compete unfairly with horses which are not sore; "(3) the movement, showing, exhibition, or sale of sore horses in intrastate commerce adversely affects and burdens interstate and foreign commerce ;
90 STAT. 916 PUBLIC LAW 94-360—JULY 13, 1976 "(4) all horses which are subject to regulation under this Act are either in interstate or foreign commerce or substantially V affect such commerce; and "(5) regulation under this Act by the Secretary is appropriate to prevent and eliminate burdens upon commerce and to effectively regulate commerce.". SEC. 5. Section 4 (15 U.S.C. 1823) is amended to read as follows: "SEC. 4. (a) The management of any horse show or hoi-se exhibition shall disqualify any horse from being shown or exhibited (1) which is sore or (2) if the management has been notified by a person appointed in accordance with regulations under subsection (c) or by the Secretary that the horse is sore. "(b) The management of any horse sale or auction shall prohibit the sale or auction or exhibition for the purpose of sale of any horse (1) which is sore or (2) if the management has been notified by a person appointed in accordance with regulations under subsection (c) or by the Secretary that the horse is sore. Regulations. "(c) The Secretary shall prescribe by regulation requirements for the appointment by the management of any horse show, horse exhibi- tion, or horse sale or auction of persons qualified to detect and diagnose a horse which is sore or to otherwise inspect horses for the purposes of enforcing this Act. Such requirements shall prohibit the appointment of persons who, after notice and opportunity for a hear- ing, have been disqualified by the Secretary to make such detection, diagnosis, or inspection. Appointment of a person in accordance with the requirements prescribed under this subsection shall not be con- strued as authorizing such person to conduct inspections in a manner other than that prescribed for inspections by the Secretary (or the Secretary's representative) under subsection (e). Records. "(d) The management of a horse show, horse exhibition, or horse sale or auction shall establish and maintain such records, make such reports, and provide such information as the Secretary may by regu- lation reasonably require for the purposes of implementing this Act or to determine compliance with this Act. Upon request of an officer or employee duly designated by the Secretary, such management shall permit entry at all reasonable times for the inspection and copying (on or off the premises) of records required to be maintained under this subsection. Inspection. "(e) For purposes of enforcement of this Act (including any reg- ulation promulgated under this Act) the Secretary, or any representa- tive of the Secretary duly designated by the Secretary, may inspect any horse show, horse exhibition, or horse sale or auction or any horse at any such show, exhibition, sale, or auction. Such an inspection may only be made upon presenting appropriate credentials. Each such inspection shall be commenced and completed with reasonable prompt- ness and shall be conducted within reasonable limits and in a reason- able manner. An inspection under this subsection shall extend to all things (including records) bearing on whether the requirements of this Act have been complied with.". Prohibited SEC. 6. Section 5 (15 U.S.C. 1824) is amended to read as follows: conduct. "SEC. 5. The following conduct is prohibited: "(1) The shipping, transporting, moving, delivering, or receiving of any horse which is sore with reason to believe that such horse while it is sore may be shown, exhibited, entered for the purpose of being shown or exhibited, sold, auctioned, or offered
PUBLIC LAW 94-360—JULY 13, 1976 ' 90 STAT. 917 for sale, in any horse show, horse exhibition, or horse sale or • * auction; except that this paragraph does not apply to the ship- ping, transporting, moving, delivering, or receiving of any horse ' -- by a common or contract carrier or an employee thereof in the usual course of the carrier's business or employee's employment unless the carrier or employee has reason to believe that such horse is sore. "(2) The (A) showing or exhibiting, in any horse show or horse exhibition, of any horse which is sore, (B) entering for the purpose of showing or exhibiting in any horse show or horse exhibition, any horse which is sore, (C) selling, auctioning, or offering for sale, in any hoi'se sale or auction, any horse which is sore, and (D) allowing any activity described in clause (A), (B), or (C) respecting a horse which is sore by the owner of such horse. "' (3) The failure by the management of any horse show or horse '• ••" exhibition, which does not appoint and retain a pei-son in accord- ance with section 4(c) of this Act, to disqualify from being shown Ante, p. 916. or exhibited any horse which is sore. "(4) The failure by the management of any horse sale or auc- tion, which does not appoint and retain a qualified person in accordance with section 4(c) of this Act, to prohibit the sale, offering for sale, or auction of any horee which is sore. " (5) The failure by the management of any horse show or horse exhibition, which has appointed and retained a person in accord- ance with section 4(c) of this Act, to disqualify from being shown or exhibited any horse (A) which is sore, and (B) after having been notified by such pei-son or the Secretary that the horse is sore or after otherwise having knowledge that the horse is sore. "(6) The failure by the management of any horse sale or auc- tion which has appointed and retained a person in accordance with section 4(c) of this Act, to prohibit the sale, offering for sale, or auction of any horse (A) which is sore, and (B) after having been notified by such person or the Secretary or after otherwise having knowledge that the horse is sore. "(7) The showing or exhibiting at a horse show or horse exhi- bition; the selling or auctioning at a horse sale or auction; the allowing to be shown, exhibited, or sold at a horse show, horse exhibition, or hoi"Se sale or auction; the entering for the purpose oi showing or exhibiting in any horse show or horse exhibition; ' or offering for sale at a horse sale or auction, any horse which is wearing or bearing any equipment, device, paraphernalia, or substance which the Secretary by regulation under section 9 pro- 15 USC 1829. hibits to prevent the soring of horses. "(8) The failing to establish, maintain, or submit records, notices, reports, or other information required under section 4. "(9) The failure or refusal to permit access to or copying of records, or the failure or refusal to permit entry or inspection, as required by section 4. ; .,: • ; "(10) The removal of any marking required by the Secretary to identify a horse as being detained. "(11) The failure or refusal to provide the Secretary with ade- quate space or facilities, as the Secretary may by regulation under section 9 prescribe, in which to conduct inspections or any other activity authorized to be performed by the Secretary under this Act".
90 STAT. 918 PUBLIC LAW 94-360—JULY 13, 1976 Penalties. SEC. 7. Section 6 (15 U.S.C. 1825) is amended to read as follows: "SEC. 6. (a) (1) Except as provided in paragraph (2) of this sub- Ante, p. 916. section, any person AVIIO knowingly violates section 5 shall, upon con- viction thereof, be fined not more than $3,000, or imprisoned for not more than one year, or both. "(2) (A) If any person knowingly violates section 5, after one or more prior convictions of such person for such a violation have become final, such person shall, upon conviction thereof, be fined not more than $5,000, or imp)risoncd foi- not more than two years, or both. "(B) Any person who knowingly makes, or causes to be made, a false entry or statement in any i-eport required under this Act; who knowingly makes, or causes to be made, any false entry in any account, record, or memorandum required to be established and maintained by any person or in any notification or other infonnation required to be Ante, p. 916. submitted to the Secretary under section 4 of this Act; who knowingly neglects or fails to make or cause to be made, full, true, and correct ' entries in such accounts, records, memoranda, notification, or other materials; who knowingly removes any such documentary evidence out of the jurisdiction of i/he United States; who knowingly mutilates, , alters, or by any other means falsifies any such documentai-y evidence; or who knowingly refuses to submit any such documentary evidence to the Secretary for inspection and copying shall be guilty of an offense against the United States, and upon conviction thereof shall be fined not more than $5,000, or imprisoned for not more than three years, or both. ''(C) Any person who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any per-son while engaged in or on account of the perfor-mance of his official duties under this Act shall be firred not mor-e than $5,000, or imprisoned not more than three year-s, or both. Whoever, in the commission of such acts, uses a deadly or dangerous weapon shall be fined not more than $10,000, or imprisoned not more than terr year-s, or both. Whoever kills any person while errgaged in or on account of the per-for-mance of his official duties under this Act shall be punishable as provided under sections 1111 and 1112 , ' of title 18, United States Code. ''(b)(1) Any person who violates section 5 of this Act shall be liable to the United States for a civil penalty of not more than $2,000 Notice and for each violatiorr. No penalty shall be assessed unless such per-son is hearing. giverr notice and opportunity for a hearing before the Secretary with respect to srrch violation. The amount of such civil penalty shall be assessed by the Secretary by written order. Irr determining the amourrt of such penalty, the Secretary shall take into account all factors rele- vant to such determination, including the nature, circumstances, extent, and gravity of the prohibited conduct and, with respect to the person found to have engaged in such conduct, the degree of culpability, any history of prior offenses, ability to pay, effect on ability to continue to do business, and such other matters as justice may require. Notice of appeal. "(2) Any person against whoirr a violation is found and a civil penalty assessed under paragraph (1) of this subsection may obtain review^ in the court of appeals of the United States for the circuit in which such person resides or has his place of business or in the United States Court of Appeals for the District of Columbia Circuit by filing a notice of appeal in such court within 30 days from the date of such order and by simultaneously sending a copy of such notice by certified mail to the Secretary. The Secretary shall promptly file in such court
PUBLIC LAW 94-360—JULY 13, 1976 90 STAT. 9 1 9 a certified copy of the record upon which such violation was found a n d such penalty assessed, as provided in section 2112 of title 28, United States Code. T h e findings of the Secretary shall be set aside if found to be unsupported by substantial evidence. " ( 3 ) If any person fails to pay an assessment of a civil penalty Referral to after it has become a final and unappealable order, or after the appro- Attorney priate court of appeals has entered final judgment in favor of the General. Secretary, the Secretary shall refer the matter to the Attorney Gen- eral, who shall recover the amount assessed in any appropriate district court of the United States. I n such action, the validity and appropri- ateness of the final order imposing the civil penalty shall not be subject to review. " ( 4 ) The Secretary may, in his discretion, compromise, modify, or remit, with or without conditions, any civil penalty assessed under this subsection. " ( c ) I n addition to any fine, imprisonment, or civil penalty author- ized under this section, any person who was convicted under subsection (a) or who paid a civil penalty assessed under subsection (b) or is subject to a final order under such subsection assessing a civil penalty for any violation of any provision of this Act or any regulation issued under this Act may be disqualified by order of the Secretary, after notice and an opportunity for a hearing before the Secretary, from showing or exhibiting any horse, judging or managing any horse show, horse exhibition, or horse sale or auction for a period of not less than one year for the first violation and not less than five years for any subsequent violation. Any person who knowingly fails to obey an order of disqualification shall be subject to a civil penalty of not more t h a n $3,000 for each violation. A n y horse show, horse exhibition, or horse sale or auction, or the management thereof, collectively and severally, w^hich knowingly allows any person who is under an order of dis- qualification to show or exhibit any horse, to enter for the purpose of showing or exhibiting any horse, to take p a r t in managing or judging, or otherwise to participate in any horse show, horse exhibition, or horse sale or auction in violation of an order shall be subject to a civil penalty of not more than $3,000 for each violation. The provisions of subsection (b) respecting the assessment, review, collection, and com- promise, modification, and remission of a civil penalty apply with respect to civil penalties under this subsection. " ( d ) (1) T h e Secretary may require by subpena the attendance and Subpena of testimony of witnesses and the production of books, papers, and docu- witnesses and ments relating to any matter under investigation or the subject of a records. proceeding. Witnesses summoned before the Secretary shall be paid Witness fees. the same fees and mileage t h a t are paid witnesses in the courts of the United States. " ( 2 ) The attendance of witnesses, a n d the production of books, papers, and documents, may be required at any designated place from any place in the United States. I n case of disobedience to a subpena the Secretary, or any p a r t y to a proceeding before the Secretary, may invoke the aid of any appro^jriate district court of the United States in requiring attendance and testimony of witnesses and the production of such books, papers, and documents under the provisions of this Act. " ( 3 ) The Secretary may order testimony to be taken by deposition under oath in any proceeding or investigation pending before him, at any stage of the proceeding or investigation. Depositions may be taken
90 STAT. 920 PUBLIC LAW 94-360—JULY 13, 1976 before any person designated by the Secretary who has power to administer oaths. The Secretary may also require the production of books, papers, and documents at the taking of depositions. " (4) Witnesses whose depositions are taken and the persons taking them shall be entitled to the same fees as paid for like services in the courts of the United States or in other jurisdictions in which they may appear. " (5) In any civil or criminal action to enforce this Act or any regu- lation under this Act a horse shall be presumed to be a horse which is sore if it manifests abnormal sensitivity or inflammation in both of its f orelimbs or both of its hindlimbs. "(6) The United States district courts, the District Court of Guam, the District Couit of the Virgin Islands, the highest court of Amer- ican Samoa, and the United States courts of the other territories, are vested with jurisdiction specifically to enforce, and to prevent and restrain violations of this Act, and shall have jurisdiction in all other kinds of cases arising under this Act, except as provided in subsection (b) of this section. Detention for "(e)(1) The Secretary may detain (for a period not to exceed examination. twenty-four hours) for examination, testing, or the taking of evidence, any horse at any horse show, horse exhibition, or horse sale or auction which is sore or which the Secretary has probable cause to believe is sore. The Secretary may require the temporary marking of any horse during the period of its detention for the purpose of identifying the horse as detained. A horse w^hioh is detained subject to this paragraph shall not be moved by any person from the place it is so detained except as authorized by the Secretary or until the expiration of the detention period applicable to the horse. "(2) Any equipment, device, paraphernalia, or substance which was used in violation of any provision of this Act or any regulation issued under this Act or which contributed to the soring of any horse at or prior to any hoi-se show, horse exhibition, or horee sale or auction, shall be liable to be proceeded against, by process of libel for the seizure and condemnation of such equipment, device, paraphernalia, or substance, in any United States district court within the jurisdic- tion of which such equipment, device, paraphernalia, or substance is found. Such proceedings shall conform as nearly as possible to proceed- ings in rem in admiralty.". Technical and SEC. 8. Section 8 (15 U.S.C. 1827) is amended by inserting " ( a ) " other after "SEC. 8." and by adding at the end of such section the following: nonftnancial "(b) The Secretary may, upon request, provide technical and other assistance. nonfinancial assistance (including the lending of equipment on such terms and conditions as the Secretary determines is appropriate) to any State to assist it in administering and enforcing any law of such Ante, p. 916. State designed to prohibit conduct described in section 5.". SEC. 9. Section 11 (15 U.S.C. 1830) is amended by striking out "twenty-four calendar-month period" and inserting in lieu thereof "twelve calendar months".
PUBLIC LAW 94-360—JULY 13, 1976 90 STAT. 921 SEC. 10. Effective July 1, 1976, section 12 (15 U.S.C. 1831) is Appropriation amended to read as follows: authorization. "SEC. 12. There are authorized to be appropriated to carry out this Effective date. Act $125,000 for the period beginning July 1, 1976, and ending Sep- tember 30, 1976; and for the fiscal year beginning October 1, 1976, and for each fiscal year thereafter there are authorized to be appro- priated such sums, not to exceed $500,000, as may be necessary to carry out this Act.". Approved July 13, 1976. LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1174 accompanying H.R. 13711 (Comm. on Interstate and Foreign Commerce). SENATE REPORT No. 94-418 (Comm. on Commerce). CONGRESSIONAL RECORD: Vol. 121 (1975): Oct. 9, considered and passed Senate. Vol. 122 (1976): June 21, considered and passed House, amended, in lieu of H.R. 13711. June 24, Senate concurred in House amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 29: July 14, Presidential statement.