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# Legislative Bulletin..............................................September 7, 2006

**Contents:**

**H.R. 503**---To amend the Horse Protection Act to prohibit the
shipping, transporting, moving,

delivering, receiving, possessing, purchasing, selling, or donation of
horses and other equines to be

slaughtered for human consumption

H.R. 503---To amend the Horse Protection Act to prohibit the shipping,
transporting, moving, delivering, receiving, possessing, purchasing,
selling, or donation of horses and other equines to be slaughtered for
human consumption---*as introduced* (Sweeney, R-NY)

**[Order of Business]{.underline}**: The bill is scheduled to be
considered on Thursday, September 7^th^, subject to a structured rule.
The amendments made in order under the rule will be summarized in a
separate RSC document.

**[Summary (Note: the version coming to the floor is the introduced
version of the bill, not the reported version)]{.underline}**: H.R. 503
would [increase by 900%]{.underline} (from \$500,000 annually to \$5
million annually) the authorizations under the Horse Protection Act (15
U.S.C. 1821-1831) to create and enforce a new, nationwide prohibition on
the shipping, transporting, moving, delivering, receiving, possessing,
purchasing, selling, or donating of horses and other equines to be
slaughtered for human consumption.

H.R. 503 would also:

-   authorize the Secretary of Agriculture to detain (for examination,
    testing, or the taking of evidence for an [unlimited]{.underline}
    period of time) any horse or other equine that the Secretary has
    probable cause to believe is being shipped, transported, moved,
    delivered, received, possessed, purchased, sold, or donated for
    human consumption; and

-   strike the current 24-hour limit on the Agriculture Secretary's
    detention authority for any horse at any horse show, horse
    exhibition, or horse sale or auction that is sore or that the
    Secretary has probable cause to believe is sore (see "Additional
    Background" below).

The bill would also amend, and add to, the findings on horse protection
in current law. Among the new findings are:

-   "horses and other equines play a vital role in the collective
    experience of the United States and deserve protection and
    compassion; and

-   "horses and other equines are domestic animals that are used
    primarily for recreation, pleasure, and sport."

One finding of note in current law is: "the movement, showing,
exhibition, or sale of sore horses in intrastate commerce adversely
affects and burdens interstate and foreign commerce," which H.R. 503
would change to: "the movement, showing, exhibition, or sale of sore
horses in intrastate commerce, and the shipping, transporting, moving,
delivering, receiving, possessing, purchasing, selling, or donation in
intrastate commerce of horses and other equines to be slaughtered for
human consumption, adversely affect and burden interstate and foreign
commerce."

**[Additional Background]{.underline}**: The 30-year-old Horse
Protection Act is aimed primarily at preventing the soring of horses for
show. Soring is a practice in which an acid or other irritating chemical
is placed on a horse to affect the way the animal walks. Walking horses
are prized for their "high lick" steps of the front hooves. Soring is
thus subject to federal criminal and/or civil penalties under current
law.

**[Committee Action]{.underline}**: On February 1, 2005, the bill was
referred to the Energy & Commerce Committee. On July 13, 2006, the bill
was referred to the Agriculture Committee and re-referred to the Energy
& Commerce Committee. On July 27, 2006, the Agriculture Committee marked
up, amended, and ordered the bill reported to the full House.

**[Possible Conservative Concerns]{.underline}**: Some conservatives may
be concerned that H.R. 503 violates private property rights, and thus
reduces freedom, by telling American citizens what they cannot do with
their own property (in instances that clearly do not involve harm to any
person). In addition, conservatives may be concerned that the actual
funding required to implement this legislation could exceed the amount
authorized, which itself is a 900% increase over current law (see "Cost
to Taxpayers" below).

**[Cost to Taxpayers]{.underline}**: The bill would provide for \$4.5
million in new authorizations in FY2007 and \$22.5 million over the
F2007-FY2011 period. CBO informally reported to RSC staff that actual
funding requirements could *exceed* the authorized amounts. The formal
CBO cost estimate was for the reported version of H.R. 503, which is NOT
coming to the floor.

**[Does the Bill Expand the Size and Scope of the Federal
Government?]{.underline}**: Yes, the bill would increase the scope of
government in federally prohibiting Americans from slaughtering horses
for consumption.

**[Does the Bill Contain Any New State-Government, Local-Government, or
Private-Sector Mandates?]{.underline}**: Yes, the bill's prohibition on
the shipping, transporting, moving, delivering, receiving, possessing,
purchasing, selling, or donating of horses and other equines to be
slaughtered for human consumption is a new private-sector mandate.

**[Constitutional Authority]{.underline}**: The Agriculture Committee,
in House Report 109-617, cites constitutional authority in Article I,
Section 8, Clause 18 (the congressional power to make all laws
"necessary and proper for carrying into Execution the foregoing
Powers"), but fails to cite a foregoing power to which this clause
refers. House Rule XIII, Section 3(d)(1), requires that all committee
reports contain "a statement citing the *specific* *powers* granted to
Congress in the Constitution to enact the law proposed by the bill or
joint resolution." *\[emphasis added\]*

**[Outside Organizations]{.underline}**:

Organizations publicly [opposing]{.underline} H.R. 503 include:

-   American Farm Bureau Federation

-   American Feed Industry Association

-   American Meat Institute

-   American Quarter Horse Association

-   American Veterinary Medical Association

-   Animal Welfare Council

-   National Association of Counties

-   National Cattlemen's Beef Association

-   Palomino Breeders of America

-   A variety of state-based farm and animal organizations

Organizations publicly [supporting]{.underline} H.R. 503 include:

-   National Thoroughbred Racing Association

-   National Show Horse Registry

-   A variety of thoroughbred trainers and jockeys

**[RSC Staff Contact]{.underline}**: Paul S. Teller,
<paul.teller@mail.house.gov>, (202) 226-9718