An Act to prohibit the movement in interstate or foreign commerce of horses which are ""sored,"" and for other purposes
PL 91-540 (S.2543), enacted 12/09/1970

1404 
PUBLIC LAW 91-540-DEC. 9, 1970 
[84 STAT. 
Reimbursement. 
Passport fee. 
(b) Before furnishing any transportation under this section, the 
Secretary of Defense shall take from the Boy Scouts of America, a 
good and sufficient bond for the reimbursement to the United States 
by the Boy Scouts of America, of the actual costs of transportation 
furnished under this section. 
SEC. 3. Ajnounts paid to the United States to reimburse it for 
expenses incurred under the first section and for the actual costs of 
transportation furnished imder section 2 shall be credited to the cur-
rent applicable appropriations or funds to which such expenses and 
costs were charged and shall be available for the same purposes as 
such appropriations or funds. 
SEC. 4. Under regulations prescribed by the Secretary of State, no 
fee sliall be collected for the application for a passport by or the issu-
ance of a passport to, any Boy Scout, Scouter, or official who is certified 
by the Boy Scouts of America, as representing the Boy Scouts of Ajner-
ica, at tlie jamboree referred to in the first section of this Act. 
Approved December 9, 1970. 
December 9, 1970 
[S. 2543] 
Public Law 91-540 
AN ACT 
To prohibit the movement in interstate or foreign commerce of horses which are 
"sored", and for other purposes. 
Horse 
tion Act 
Protec-
of 1970. 
Be it enacted hy the Senate and House of Repr'esentatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Horse Protection Act of 1970". 
SEC. 2. (B.) A horse shall be considered to be sored if, for the purpose 
of affecting its gait— 
(1) a blistering agent has been applied after the date of enact-
ment of this Act internally or externally to any of the legs, ankles, 
feet, or other parts of the horse; 
(2) burns, cuts, or lacerations have been inflicted after the date 
of enactment of this Act on the horse; 
(3) a chemical agentj or tacks or nails have been used after the 
date of enactment of this Act on the horse; or 
(4) any other cruel or inhumane method or device has been 
used after the date of enactment of this Act on the horse, includ-
ing, but not limited to, chains or boots; 
84 STAT. ] 
PUBLIC LAW 91-540-DEC. 9, 1970 
which may reasonably be expected (A) to result in physical pain to 
the horse when walking, trotting, or otherwise moving, (B) to cause 
extreme physical distress to the horse, or (C) to cause inflammation. 
(b) As used in this Act, the term "commerce" means commerce be-
tween a point in any State or possession of the United States (includ-
ing the District of Columbia and the Commonwealth of Puerto Rico) 
and any point outside thereof, or between points within the same State 
or possession of the United States (including the District of Columbia 
and the Commonwealth of Puerto Rico) but through any place outside 
thereof, or within the District of Columbia, or from any foreign coun-
try to any point within the United States. 
SEC. 3. The Congress hereby finds (1) that the practice of soring 
horses for the purposes of affecting their natural gait is cruel and 
inhumane treatment of such animals; (2) that the movement of sored 
horses in commerce adversely affects and burdens such commerce; and 
(3) that horses which are sored compete unfairly with horses moved 
in commerce which are not sored. 
SEC. 4. (a) It shall be unlawful for any person to ship, transport, 
or otherwise move, or deliver or receive for movement, in commerce, 
for the purpose of showing or exhibition, any horse which such person 
has reason to believe is sored. 
(b) It shall be unlawful for any person to show or exhibit, or enter 
for the purpose of showing or exhibiting, in any horse show or exhi-
bition, any horse which is sored if that horse or any other horse was 
moved to such show or exhibition in commerce. 
(c) It shall be unlawful for any person to conduct any horse show 
or exhibition in which there is shown or exhibited a horse which is 
sored, if any horse was moved to such show or exhibition in commerce, 
unless such person can establish that he has complied with such rules 
and regulations as the Secretary of Agriculture may prescribe to pre-
vent the showing or exhibition of horses which have been sored. 
SEC. 5. (a) Any representative of the Secretary of Agriculture is 
authorized to make such inspections of any horses which are being 
moved, or have been moved, in commerce and to make such inspections 
of any horses at any horse show or exhibition within the United 
States to which any liorse was moved in commerce, as he deems neces-
sary for the effective enforcement of this Act, and the owner or other 
person having custody of any such horse shall afford such representa-
tive access to and opportunity to so inspect such horse. 
1405 
"Commerce." 
Unlawful acts. 
Inspection. 
1406 
PUBLIC LAW 91-540-DEC. 9, 1970 
[84 STAT. 
Horse shows 
and exhibitions, 
records. 
Penalty. 
Hearing 
opportunity. 
Penalty. 
Department of 
Agriculture 
personnel. 
Regulations. 
Report to 
Congress. 
(b) The person or j^ersons in charge of any horse show or exhibition 
within the United States, or such other person or persons as the Secre-
tary of Agriculture (liereinafter referred to in this Act as the "Sec-
retary") may by regulation designate, shall keep such records as the 
Secretary may by regulation prescribe. The person or persons in charge 
of any horse show or exhibition, or such other person or persons as 
the Secretary may by regulation designate, shall afford the representa-
tives of the Secretary access to and opportunity to inspect and copy 
such records at all reasonable times. 
SEC. 6. (a) Any person who violates any provision of this Act or 
any regulation issued thereunder, other than a violation the penalty 
for which is prescribed by subsection (b) of this section, snail be 
assessed a civil penalty by the Secretary of not more than ^1,000 for 
each such violation. Xo penaltv shall be assessed unless such person is 
given notice and opportunity for a hearing with respect to such viola-
tion. Each violation shall be a separate of^nse. Any such civil penalty 
may be compromised by the Secretary. Upon any failure to pay the 
penalty assessed under this subsection, the Secretary shall request the 
Attornev General to institute a civil action in a district court of the 
United States for any district in which such person is found or resides 
or transacts business to collect the penalty and such court shall have 
jurisdiction to hear and decide any such action. 
(b) Any person who willfully violates any provision of this Act or 
any regulation issued thereunder shall be fined not more than $2,000 or 
imprisoned not more than six months, or both. 
SEC. 7. Whenever the Secretary believes that a willful violation of 
this Act has occurred and that prosecution is needed to obtain com-
pliance with the Act, he shall inform the Attorney General and the 
Attorney General shall take such action with respect to such matter as 
he deems appropriate. 
SEC. 8. The Secretary, in carrying out the provisions of this Act, 
shall utilize, to the maximum extent practicable, the existing personnel 
and facilities of the Department of Agriculture. The Secretary is 
further authorized to utilize the officers and employees of any State, 
with its consent, and with or without reimbursement, to assist him in 
carrying out the provisions of this Act. 
SEC. 9. The Secretary is authorized to issue such rules and regula-
tions as he deems necessary to carry out the provisions of this Act. 
SEC. 10. No provision of this Act shall be construed as indicating an 
intent on the part of the Congress to occupy the field in which such 
provision operates to the exclusion of the law of any State on the same 
subject matter, unless there is a direct and positive conflict between 
such provision and the law of the State so that the two cannot be recon-
ciled or consistently stand together. Nor shall any provision of this Act 
be construed to exclude the Federal Government from enforcing the 
provision of this Act within any State, whether or not such State has 
enacted legislation on the same subject, it being the intent of the 
Congress to establish concurrent jurisdiction with the States over such 
subject matter. In no case shall any such State take any action pursuant 
to this section involving a violation of any such law of that State which 
would preclude the United States from enforcing the provisions of this 
Act against any person. 
SEC. 11. On or before the expiration of thirty calendar months fol-
lowing the date of enactment of this Act, and every twenty-four-
calendar-month period thereafter, the Secretary shall submit to the 
Congress a report upon the matters covered by this Act, including 
enforcement and other actions taken thereunder, together with such 
recommendations for legislative and other action as he deems 
appropriate. 
84 STAT.] 
PUBLIC LAW 91-541-DEC. 10, 1970 
1407 
SEC. 12. There are hereby authorized to be appropriated such sums Appropriation. 
not to exceed $100,000 annually, as may be necessary to carry out the 
provisions of this Act. 
Approved December 9, 1970. 
Public Law 91-541 
JOINT RESOLUTION 
_ 
^ 
, „ , „ , „ 
December 10, 1970 
To provide for a temporary prohibition of strikes or lockouts with respect to [H. J. Res. I413] 
the current railway labor-management dispute. 
Whereas the labor dispute between the carriers represented by the 
National Railway Labor Conference and the Eastern, Western, and 
Southeastern Carriers Conference Committees and certain of their 
employees represented by the United Transportation Union, the 
Brotherhood of Railway Airline and Steamship Clerks, Freight 
Handlers, Express and Station Employees (BRAC), the Brother-
hood of Maintenance of Way Employees, Hotel and Restaurant 
Employees and Bartenders International Union threatens essential 
transportation services of the Nation j and 
Whereas it is essential to the national interest, including the national 
health and defense, that essential transportation services be main-
tained ; and 
Whereas all the procedures for resolving such dispute provided for 
in the Railway Labor Act have been exhausted and have not 48'*stat"\*iy5^' 
resulted in settlement of the dispute; and 
45 use isi*. 
Whereas the Congress finds that emergency measures are essential 
to security and continuity of transportation services by such carriers; 
and 
Whereas it is desirable to achieve the objectives in a manner which 
preserves and prefers solutions reached through collective bar-
f aining; and 
ereas the recommendations of Presidential Emergency Board 
Numbered 178 for settlement of this dispute did not result in a 
settlement: Now, therefore, in order to encourage these parties to 
reach their own agreement, be it 
Resolved hy the Senate and House of Representatives 
of the United 
States of America in Congress assembled, That the provisions of the o^loc^iTou^sV'^^" 
final paragraph of section 10 of the Railway Labor Act (45 U.S.C. 
prohibition. 
160) shall apply and be extended for an additional period with respect 
44 stat. sse. 
to the above dispute, so that no change, except by agreement, shall be 
made by the carriers represented by the National Railway Labor Con-
ference and the Eastern, Western, and Southeastern Carriers Con-
ference Committees or by their employees, in the conditions out of 
which such dispute arose prior to 12:01 antemeridian of March 1, 
1971. 
SEC. 2. Not later than fifteen days prior to the expiration date speci- ^f^l°J^^\° 
fied in the first section of this joint resolution the President shall 
submit to the Congress a full and comprehensive report containing— 
(1) the progress, if any, of negotiations between the National 
Railway Labor Conference and the Eastern. Western, and South-
eastern Carriers Conference Committees and their employees; and 
(2) any such recommendations for a proposed solution of the 
dispute described in this joint resolution as he deems appropriate.