    [House Hearing, 113 Congress]
    [From the U.S. Government Publishing Office]

                          H.R. 1518, A BILL TO AMEND THE HORSE
                               PROTECTION ACT

    =======================================================================

                                    HEARING

                                   BEFORE THE

               SUBCOMMITTEE ON COMMERCE, MANUFACTURING, AND TRADE

                                     OF THE

                        COMMITTEE ON ENERGY AND COMMERCE
                            HOUSE OF REPRESENTATIVES

                        ONE HUNDRED THIRTEENTH CONGRESS

                                 FIRST SESSION

                                   __________

                               NOVEMBER 13, 2013

                                   __________

                               Serial No. 113-91

    [GRAPHIC NOT AVAILABLE IN TIFF FORMAT]

          Printed for the use of the Committee on Energy and Commerce

                            energycommerce.house.gov

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                        COMMITTEE ON ENERGY AND COMMERCE

                              FRED UPTON, Michigan
                                     Chairman
    RALPH M. HALL, Texas                 HENRY A. WAXMAN, California
    JOE BARTON, Texas                      Ranking Member
      Chairman Emeritus                  JOHN D. DINGELL, Michigan
    ED WHITFIELD, Kentucky                 Chairman Emeritus
    JOHN SHIMKUS, Illinois               FRANK PALLONE, Jr., New Jersey
    JOSEPH R. PITTS, Pennsylvania        BOBBY L. RUSH, Illinois
    GREG WALDEN, Oregon                  ANNA G. ESHOO, California
    LEE TERRY, Nebraska                  ELIOT L. ENGEL, New York
    MIKE ROGERS, Michigan                GENE GREEN, Texas
    TIM MURPHY, Pennsylvania             DIANA DeGETTE, Colorado
    MICHAEL C. BURGESS, Texas            LOIS CAPPS, California
    MARSHA BLACKBURN, Tennessee          MICHAEL F. DOYLE, Pennsylvania
      Vice Chairman                      JANICE D. SCHAKOWSKY, Illinois
    PHIL GINGREY, Georgia                JIM MATHESON, Utah
    STEVE SCALISE, Louisiana             JOHN BARROW, Georgia
    ROBERT E. LATTA, Ohio                DORIS O. MATSUI, California
    CATHY McMORRIS RODGERS, Washington   DONNA M. CHRISTENSEN, Virgin
    GREGG HARPER, Mississippi                Islands
    LEONARD LANCE, New Jersey            KATHY CASTOR, Florida
    BILL CASSIDY, Louisiana              JOHN P. SARBANES, Maryland
    BRETT GUTHRIE, Kentucky              JERRY McNERNEY, California
    PETE OLSON, Texas                    BRUCE L. BRALEY, Iowa
    DAVID B. McKINLEY, West Virginia     PETER WELCH, Vermont
    CORY GARDNER, Colorado               BEN RAY LUJAN, New Mexico
    MIKE POMPEO, Kansas                  PAUL TONKO, New York
    ADAM KINZINGER, Illinois             JOHN A. YARMUTH, Kentucky
    H. MORGAN GRIFFITH, Virginia
    GUS M. BILIRAKIS, Florida
    BILL JOHNSON, Missouri
    BILLY LONG, Missouri
    RENEE L. ELLMERS, North Carolina
               Subcommittee on Commerce, Manufacturing, and Trade

                              LEE TERRY, Nebraska
                                     Chairman
                                         JANICE D. SCHAKOWSKY, Illinois
    LEONARD LANCE, New Jersey              Ranking Member
      Vice Chairman                      JOHN P. SARBANES, Maryland
    MARSHA BLACKBURN, Tennessee          JERRY McNERNEY, California
    GREGG HARPER, Mississippi            PETER WELCH, Vermont
    BRETT GUTHRIE, Kentucky              JOHN A. YARMUTH, Kentucky
    PETE OLSON, Texas                    JOHN D. DINGELL, Michigan
    DAVE B. McKINLEY, West Virginia      BOBBY L. RUSH, Illinois
    MIKE POMPEO, Kansas                  JIM MATHESON, Utah
    ADAM KINZINGER, Illinois             JOHN BARROW, Georgia
    GUS M. BILIRAKIS, Florida            DONNA M. CHRISTENSEN, Virgin
    BILL JOHNSON, Missouri                   Islands
    BILLY LONG, Missouri                 HENRY A. WAXMAN, California, ex
    JOE BARTON, Texas                        officio
    FRED UPTON, Michigan, ex officio

                                 C O N T E N T S

                                  ----------
                                                                       Page
    Hon. Lee Terry, a Representative in Congress from the State of
      Nebraska, opening statement....................................     1
        Prepared statement...........................................     2
    Hon. Janice D. Schakowsky, a Representative in Congress from the
      State of Illinois, opening statement...........................     3
    Hon. Marsha Blackburn, a Representative in Congress from the
      State of Tennessee, opening statement..........................     3
    Hon. Ed Whitfield, a Representative in Congress from the
      Commonwealth of Kentucky, opening statement....................     4
    Hon. Henry A. Waxman, a Representative in Congress from the State
      of California, prepared statement..............................    97

                                   Witnesses

    Julius Johnson, Commissioner, Tennessee Department of Agriculture     5
        Prepared statement...........................................     7
    Marty Irby, International Director and Former President,
      Tennessee Walking Horse Breeders and Exhibitors Association....    10
        Prepared statement...........................................    12
    W. Ron DeHaven, DVM, MBA, Executive Vice President and CEO,
      American Veterinary Medical Association, and Former
      Administrator, USDA Animal and Plant Health Inspection Service.    19
        Prepared statement...........................................    21
    John Bennett, DVM, Equine Services LLC, on behalf of Performance
      Show Horses Association........................................    37
        Prepared statement...........................................    39
    Donna Benefield, Vice President, International Walking Horse
      Association....................................................    51
        Prepared statement...........................................    54
    Teresa Bippen, President, Friends of Sound Horses................    60
        Prepared statement...........................................    62
    James J. Hickey, Jr., President, American Horse Council..........    65
        Prepared statement...........................................    67

                               Submitted material

    Statements from The Cavalry Group, submitted by Mr. Long \*\
    Whitfield docs...................................................    98
    Blackburn docs...................................................   129

    ----------
    \1\ The information has been retained in committee files and is
      also available at http://docs.house.gov/meetings/if/if17/
      20131113/101469/hhrg-113-if17-20131113-sd004.pdf

              H.R. 1518. A BILL TO AMEND THE HORSE PROTECTION ACT

                                  ----------

                          WEDNESDAY, NOVEMBER 13, 2013

                      House of Representatives,
    Subcommittee on Commerce, Manufacturing, and Trade,
                              Committee on Energy and Commerce,
                                                        Washington, DC.
        The subcommittee met, pursuant to call, at 10:08 a.m., in
    room 2322 of the Rayburn House Office Building, Hon. Lee Terry
    (chairman of the subcommittee) presiding.
        Present: Representatives Terry, Lance, Blackburn, Guthrie,
    Kinzinger, Bilirakis, Johnson, Schakowsky, Yarmuth, Matheson,
    Barrow, and Whitfield.
        Staff present: Charlotte Baker, Press Secretary; Kirby
    Howard, Legislative Clerk; Nick Magallanes, Policy Coordinator,
    Commerce, Manufacturing, and Trade; Brian McCullough, Senior
    Professional Staff Member, Commerce, Manufacturing and Trade;
    Gib Mullan, Chief Counsel, Commerce, Manufacturing and Trade;
    Heidi Stirrup, Health Policy Coordinator; and Shannon Weinberg
    Taylor, Counsel, Commerce, Manufacturing and Trade.
        Mr. Terry. I think we have all of our technical
    difficulties fixed as well, so Ms. Schakowsky, are we ready?
        Ms. Schakowsky. I am ready.

       OPENING STATEMENT OF HON. LEE TERRY, A REPRESENTATIVE IN
                  CONGRESS FROM THE STATE OF NEBRASKA

        Mr. Terry. All right. First of all, I just want to thank
    all of our witnesses for being here today on Mr. Whitfield's
    bill.
        So welcome to today's hearing of the CMT Subcommittee, and
    I am pleased to welcome our witnesses and my good friend, Mr.
    Whitfield, the chairman of Energy and Power Subcommittee, and
    sponsor of this legislation that we are going to discuss today.
        Throughout my life, I have admired horses. I remember
    fondly riding horses at my grandpa's place in Colorado. I also
    put myself through 2 years of college and law school working at
    Ak-Sar-Ben Racetrack and have quite an affinity for the
    Thoroughbreds.
        Now, Congressman Whitfield's legislation, the Prevent All
    Soring Tactics Act, amends various parts of the Horse
    Protection Act of 1970 and 1976. H.R. 1518 bans the use of all
    action devices, weighted shoes, pads, hoof bands and other
    devices which alter the horse's gait. This legislation would
    also change the current self-governing framework, where Horse
    Industry Organizations train and appoint inspectors for shows
    and exhibitions with some oversight by the Animal and Plant
    Health Inspection Service, an agency of the Department of
    Agriculture. Now, H.R. 1518 would direct the Secretary of
    Agriculture to promote new regulations under which USDA would
    take over the licensing, training, assigning and overseeing of
    these inspectors.
        I look forward today to an exchange of ideas reflecting
    multiple viewpoints on this legislation. No law is ever
    perfect, and often, Congress needs to act in order to
    modernize, clarify or reduce burdens. I have no doubt that
    there are issues within the HPA that need to be addressed.
    However, I believe that when Congress is considering
    legislation that adds new layers of regulation to an industry,
    we must be precise and careful. This means narrowly tailoring
    this legislation to fit the specific problem that needs to be
    addressed.
        I want to thank everyone again for being here and
    traveling. I know several of you have come a long ways. We have
    a government official from Tennessee, Commissioner Julius
    Johnson, Tennessee's Commissioner of Agriculture, here, and
    pursuant to our traditional protocols, government officials get
    to testify first, and what we will do is, we will go from your
    right, my left, down the panel and we will discuss those rules
    when we get there.
        [The prepared statement of Mr. Terry follows:]

                      Prepared statement of Hon. Lee Terry

        Welcome to today's hearing of the CMT subcommittee. I am
    pleased to welcome our witnesses and to welcome my good friend,
    Congressman Whitfield, the Chairman of the Energy and Power
    Subcommittee and sponsor of the legislation that is the subject
    of today's legislative hearing.
        I have admired horses for much of my adult life, beginning
    in college and law school when I worked part-time at the local
    racetrack in Omaha. The idea of these animals being abused and
    mistreated, whether on the rack track or in the show ring,
    bothers me a great deal.
        Congressman Whitfield's legislation, the Prevent All Soring
    Tactics Act, amends various parts of the Horse Protection Act
    of 1970 and 1976. H.R. 1518 bans the use of all ``action
    devices,'' weighted shoes, pads, hoof bands and other devices
    which alter the horse's gait. This legislation would also
    change the current self-governing framework, where Horse
    Industry Organizations train and appoint inspectors for shows
    and exhibitions with some oversight by the Animal and Plant
    Health Inspection Service (APHIS), an agency of the Department
    of Agriculture. H.R. 1518 would direct the Secretary of
    Agriculture to promulgate new regulations under which USDA
    would take over the licensing, training, assigning and
    overseeing of these inspectors.
        I look forward today to an exchange of ideas reflecting
    multiple viewpoints on this legislation. No law is ever
    perfect, and often, Congress needs to act in order to
    modernize, clarify or reduce burdens. I have no doubt that
    there are issues within the HPA that need to be addressed.
    However, I believe that when Congress is considering
    legislation that adds new layers of regulation to an industry,
    we must be precise. This means narrowly tailoring this
    legislation to fit the specific problem that needs to be
    addressed.
        Thank you again, and welcome, to our witnesses for
    traveling here today. I would especially like to welcome an
    elected official from Tennessee, Commissioner Julius Johnson,
    Tennessee's Commissioner of Agriculture.

        Mr. Terry. Since the vice chairman isn't here, does anyone
    other than Ed and Marsha want 2 minutes? Seeing none, I yield
    back my time and now yield your 5 minutes to our ranking
    member, Jan Schakowsky.

           OPENING STATEMENT OF HON. JANICE D. SCHAKOWSKY, A
         REPRESENTATIVE IN CONGRESS FROM THE STATE OF ILLINOIS

        Ms. Schakowsky. Thank you very much, Mr. Chairman. I
    appreciate this hearing, and I want to welcome all the
    witnesses for considering of H.R. 1518 sponsored by my good
    friend, Ed Whitfield, the PAST Act, Prevent All Soring Tactics.
    I am a previous horse owner. In addition to learning how to
    ride and jump a little--wasn't very good at it; my horse was
    better at it than I was--I learned how to keep him healthy and
    sound.
        We are dealing today with Tennessee Walking Horses, who
    have been known historically for their distinctive gait but
    evidence continues to emerge that too often these wonderful
    horses are trained through inhumane and really tortuous
    treatment, especially for high-stakes competitions. We are
    going to see a video, a very disturbing video, after I finish.
    It is short, 2 minutes and some 50 seconds. But what we will
    see are tactics that absolutely need to be stopped. The Horse
    Protection Act in 1970 was designed to eradicate the practice
    of soring. You will see this, the soring of the feet of the
    horses. Unfortunately, the Horse Protection Act enforcement is
    lax and the industry's self-policing has been largely
    ineffective in eliminating the practice. And so this
    legislation makes sense. In fact, as of today, it is
    cosponsored by 223 Members, well over a majority in the House
    of Representatives. We need to make sure that we really are
    protecting horses. That is what the PAST bill does, and I hope
    this video will make it very clear. This is ABC Nightline, a
    very short clip of it, if you could play that, please, as part
    of my testimony?
        [Video shown.]
        And I yield back.
        Mr. Terry. Thank you. At this time I will yield2 \1/2\
    minutes to the gentlelady from Tennessee.

    OPENING STATEMENT OF HON. MARSHA BLACKBURN, A REPRESENTATIVE IN
                  CONGRESS FROM THE STATE OF TENNESSEE

        Mrs. Blackburn. Thank you, Mr. Chairman, and I want to
    welcome Commissioner Johnson and appreciate him being here.
        I think that we all agree that the soring of horses in any
    form is objectionable on every level, and for good reason.
    Soring is illegal, and you are going to hear from Commissioner
    Johnson. The State of Tennessee has zero tolerance for those
    who knowingly commit violations and have worked diligently with
    industry leaders to curb the practices. In fact, according to
    the most recent data from USDA, the compliance rate for shows
    this year has been over 96 percent with less than 4 percent of
    the nearly 10,000 inspections resulted in some sort of sore
    violation. Accordingly, the USDA, this is their compliance
    rate. For the Horse Industry Organization-affiliated Tennessee
    Walking Horses shows it was 98 \1/2\ percent over the period
    2009 to 2012.
        So why is additional legislation necessary for an industry
    that is over 98 percent compliant? Now, let us compare this to
    the Thoroughbred racing industry, which is in our neighboring
    State of Kentucky in which one report found that 3,000 horses
    died between 2009 and 2011. During the same period, one horse
    participating in a Tennessee Walking Horse show event died.
    Based on conversations I have had with breeders in Tennessee,
    enacting the bill before us would potentially eliminate an
    entire division of horse breed and result in the loss of
    thousands of jobs in Tennessee, Kentucky, Missouri, Texas,
    North Carolina, Virginia, Texas, and Mississippi. They are all
    connected with the industry. The economic impact of the Walking
    Horse industry in Tennessee is $1.5 billion. The Celebration
    Show in Shelbyville, Tennessee, brings in over $40 million to
    that community. This legislation imposes excessive regulatory
    burdens on the Walking Horse industry and could potentially
    eliminate the entire industry and thus the entire breed.
        With that, I yield to the gentleman from Kentucky, Mr.
    Whitfield.
        Mr. Terry. The gentleman is recognized for 2 \1/2\ minutes.

      OPENING STATEMENT OF HON. ED WHITFIELD, A REPRESENTATIVE IN
               CONGRESS FROM THE COMMONWEALTH OF KENTUCKY

        Mr. Whitfield. Well, I thank the gentlelady very much for
    yielding, and I appreciate Chairman Terry and Ms. Schakowsky
    having this hearing today.
        As has been said, the Horse Protection Act was passed by
    Congress in 1970 to stop the practice of soring. The only
    breeds being sored today are the Tennessee Walking Horses, the
    Spotted Saddle and Racking. The U.S. Department of Agriculture
    Inspector General report issued a few years ago has concluded
    that the current program for inspecting for soring is not
    adequate to ensure that these animals are not being abused. The
    DQPs being hired by the HIOs have a clear conflict of interest
    and do not properly enforce the Horse Protection Act.
        Many in the horse show industry do not regard the abuse of
    horses as a problem, and when USDA inspectors conduct their few
    inspections, they are subjected to intimidation and harassment
    and must routinely bring law enforcement for protection. USDA
    has recommended that the DQP program be abolished and
    independent, accredited veterinarians perform inspections at
    sanctioned shows.
        H.R. 1518 adopts that recommendation and makes it more
    difficult to sore and use devices to alter the horse's natural
    gait. This bill has widespread support including 4 horse
    organizations including the American Horse Council. It has all
    50 State veterinary medical associations, the American
    Association of Equine Practitioners, and 223 Members of
    Congress are cosponsors.
        We are going to hear testimony today about the show entity
    in the Shelbyville, Tennessee, area being 98.5 percent
    compliant. We are also going to hear other witnesses disagree
    with that, and we are going to tell you why they disagree with
    it.
        I feel bad that we would not have this problem today in the
    industry except for a few areas around Shelbyville, Tennessee,
    a few areas in Missouri, and yes, a few areas in Kentucky, and
    that is why later on we are going to find out why the inspector
    organizations in Tennessee and in Missouri and in Kentucky have
    been notified by the Department of Agriculture that they are
    going to be decertified. They are not there yet, but I look
    forward to the hearing and the information that we will learn
    from it. Thank you.
        Mr. Terry. Thank you, Mr. Whitfield, and now it is time for
    the show, which is hearing from our witnesses on H.R. 1518, and
    I am going to introduce the witnesses now, and then when I am
    finished with that, we will start with Mr. Johnson. Each of you
    will have 5 minutes. There is a little--well, I see one in
    front of Ms. Benefield and one behind us. Green means you are
    good to go. When it starts to get yellow, or when it is yellow,
    that means start wrapping it up, and red, I am going to
    probably interject and have you wrap up at that point.
        So we have a really fantastic panel with us today. We have
    the Hon. Julius Johnson, Commissioner of the Tennessee
    Department of Agriculture, then Marty Irby, International
    Director and former President, Tennessee Walking Horse Breeders
    and Exhibitors Association. We have Mr. Ron DeHaven, DVM,
    Executive Vice President and CEO of American Veterinary Medical
    Association, former Administrator, USDA Animal and Plant Health
    Inspection Service. Thank you for being here. Mr. John Bennett,
    DVM, Equine Services, LLC, on behalf of the Performance Show
    Horse Association; Donna Benefield, International Walking Horse
    Association, then Teresa Bippen, President, Friends of Sound
    Horses, and last to testify, James Hickey, Jr., President,
    American Horse Council.
        So at this time I want to recognize the Hon. Julius Johnson
    for your 5 minutes.

      STATEMENTS OF HON. JULIUS JOHNSON, COMMISSIONER, TENNESSEE
     DEPARTMENT OF AGRICULTURE; MARTY IRBY, INTERNATIONAL DIRECTOR
      AND FORMER PRESIDENT, TENNESSEE WALKING HORSE BREEDERS AND
      EXHIBITORS ASSOCIATION; W. RON DEHAVEN, DVM, MBA, EXECUTIVE
          VICE PRESIDENT AND CEO, AMERICAN VETERINARY MEDICAL
     ASSOCIATION, AND FORMER ADMINISTRATOR, USDA ANIMAL AND PLANT
     HEALTH INSPECTION SERVICE; JOHN BENNETT, DVM, EQUINE SERVICES
     LLC, ON BEHALF OF PERFORMANCE SHOW HORSES ASSOCIATION; DONNA
        BENEFIELD, VICE PRESIDENT, INTERNATIONAL WALKING HORSE
    ASSOCIATION; TERESA BIPPEN, PRESIDENT, FRIENDS OF SOUND HORSES;
      AND JAMES J. HICKEY, JR., PRESIDENT, AMERICAN HORSE COUNCIL

                      STATEMENT OF JULIUS JOHNSON

        Mr. Johnson. Thank you, Chairman Terry, Ranking Member
    Schakowsky and members of the subcommittee. I appreciate this
    opportunity. I am going to stick to my statement and be very
    brief at the same time.
        As Commissioner of the Tennessee Department of Agriculture,
    I appreciate you allowing me to provide testimony on the
    importance of the equine industry and especially the Tennessee
    Walking Horse industry to our State. The equine industry is an
    important part of Tennessee's economy and its heritage. We are
    ranked among the top six States in the Nation in number of
    equine, according to the latest census of agriculture. Our
    Market Development Division within the Department helps to
    support this growing industry through promotion of Tennessee
    trails, shows and events and through the involvement with
    numerous breed associations. Tennessee is home to several
    national breed associations in addition to the Tennessee
    Walking Horse.
        Some facts about Tennessee's equine industry are a 2010
    survey indicated 170,000 head but a more comprehensive survey
    in 2004 indicated 240,000 head in Tennessee. We believe the
    numbers have not declined but rather the variation is more due
    to the tactics of which the survey was taken. There are 41,000
    Tennessee farms with horses, 41,000. There are 3.2 million
    acres, 30 percent of Tennessee's farmland, designated to equine
    uses. So you can see this industry as a whole is very important
    to our State agricultural industry.
        The total economic impact from the equine industry in
    Tennessee is $1.4 billion. The total value added impact of
    equine in Tennessee is $746 million. The indirect business tax
    revenue received by state and local government is $61.2
    million, and the total estimated economic impact from the horse
    shows and events is $45 million. The importance of the industry
    to the many local and rural community charities, which they
    organize these activities, and other organizations is
    tremendously significant. It is going to be a major hit to
    rural Tennessee.
        The industry creates 20,309 jobs throughout our State, and
    again especially in rural Tennessee, which is so hard pressed
    to attract any jobs, and it is more meaningful there than any
    other place, and we simply will be devastated with the loss of
    this kind of jobs.
        The Tennessee Department of Agriculture and I personally
    find the soring of horses in any shape, form or fashion
    objectionable on every level. There should be no tolerance for
    animal cruelty. Walking horse industry leaders have made what
    we believe are monumental strides at eliminating this practice
    from the industry, and we believe they are committed to a
    policy of zero tolerance for individuals who commit violations.
    We understand the motives of some to further tighten the
    regulation of the industry in order to protect the horse.
    However, we caution against overreaction by some who seek to
    eliminate horse shows at the expense of rural communities
    across the State and horse owners, the vast majority of whom
    are caring and responsible in the management of their animals.
        Rural Tennessee would suffer the greatest as a result of
    this type of legislation. We urge this committee and Congress
    to find the right balance that protects the horse as well as
    ensures the viability of the walking horse industry should you
    find it necessary to pass any legislation at all.
        The Tennessee Walking Horse is a wonderful, dynamic breed
    that has been the enjoyment of many around the world for its
    ride, its gentleness and its endurance. We believe Congressman
    Whitfield's proposed legislation is based more on perception
    than on sound science. We believe it is excessive and will
    damage the industry significantly and potentially eliminate the
    performance horse altogether. I urge you to find sensible
    solutions to this issue.
        Thank you for your time.
        [The prepared statement of Mr. Johnson follows:]
        [GRAPHICs NOT AVAILABLE IN TIFF FORMAT]

        Mr. Terry. Thank you.
        At this time, Mr. Irby, you are recognized for your 5
    minutes.

                        STATEMENT OF MARTY IRBY

        Mr. Irby. Thank you, Mr. Chairman. Thank you, Ms.
    Schakowsky, and other members. My name is Marty Irby and I
    served as the President of the Tennessee Walking Horse Breeders
    and Exhibitors Association from December of 2010 until December
    of 2012 and currently serve as an International Director. But
    today I am here representing myself. In addition, last night I
    was informed that I have been selected as the nominated
    President for 2014 of the Association. I have owned Racking
    Horse World Grand Champions and have judged the Spotted Saddle
    Horse World Grand Championship. All three of these breeds are
    affected by this legislation that I fully support.
        In 1955, my grandfather veterinarian obtained his first
    Tennessee Walking Horse and joined the association I later
    became President of. At the age of 3, I was first placed on a
    Tennessee Walking Horse, and at the age of 5, I first began
    competing in World Grand Championship competitions. Since
    childhood, I have observed the horrific practice of soring, and
    my father taught me how to sore a horse at the age of 13.
    Soring padded performance horses is ingrained within our
    culture. From my personal and public stance, I have suffered
    many losses. Even family members have turned against me. I ask
    that you not let these efforts be in vain. I am here to prevent
    the extinction of the Tennessee Walking Horse, and I believe
    this bill must pass the House of Representatives and Senate.
        I have seen horses' feet in the past on many occasions look
    like pizza with the cheese pulled off the top of it. That is
    how horrific this practice is. I have listened to thousands of
    people--breeders, trainers, exhibitors and owners--who want
    change within our industry. Poll after political continues to
    show that the majority favor this bill. During my 8 years of
    service in various positions, I tried to move forward and move
    our breed in a new direction from within and was unsuccessful
    with my attempts. Therefore, I am here before you today to ask
    Congress to please help save our breed.
        Other breeds may be doing well in Tennessee and their
    numbers may be good but the Tennessee Walking Horse is not
    doing well. Over the past 10 years, our membership has declined
    from more than 20,000 to 8,300 or less. In 2006, when I was an
    International Director, we failed to crown a World Grand
    Champion because most of the horses were disqualified and
    deemed sore and in violation of the Horse Protection Act by the
    United States Department of Agriculture. In 2010, when I served
    as Vice President of Marketing, we were kicked out of the World
    Equestrian Games in Kentucky, and our $25,000 sponsorship check
    was returned due to the soring issues and utilization of stacks
    and chains.
        Our greatest fault for many decades as a breed is that we
    have been trying to save the padded performance horse. Recently
    I discussed this with a friend, and I said we tried and tried
    to save the performance horse and now it is about saving the
    breed. He said, well, shouldn't that have been what it was
    about all along? That spoke volumes to me.
        At this point in time and as I have progressed, I have
    realized that we must let go of the sore padded performance
    horse and step soundly into the future or we will not realize
    any future at all.
        In May of 2012, I was as President faced with perhaps the
    most critical decision that has ever faced our breed: should I
    continue to perpetuate the lie that padded and chained horses
    are mostly sound----
        Mr. Terry. Will you pull the microphone a little closer? I
    just heard that they can't hear you in the control room.
        Mr. Irby. Should I continue to perpetuate the lie that
    padded and chained performance Tennessee Walking Horses are
    mostly sound and only a few bad apples sore them, or should I
    recognize the truth, that most all of them have been sored or
    are sore. This question came into mind after the ABC expos AE1e
    Nightline that you saw earlier. I was President that day and
    happened to be in Wemding, Germany, judging a horse show and
    saw the world's reaction from the outside of this horrific
    practice. I knew that day that things must change, and the
    brutal beating and soring and electric prodding of horses like
    people like Jackie McConnell have done need to stop. I have
    known Jackie McConnell since I was 5 years old and my family
    was friends with him.
        This event became the Tylenol crisis of the Tennessee
    Walking Horse breed and the negative stigma associated with our
    breed due to soring has caused the value of yearling colts to
    drop from $20,000 or more to many just to $300 to $500 in a few
    years. Our breed records reflect that last year we bred a small
    fraction of the number of mares we bred 8 years ago. Our lack
    of ability to self-regulate over the past 43 years has brought
    our breed to this crossroads. I have observed more corruption
    in soring horses, corrupt inspections, corrupt judging, corrupt
    training methods, corrupt business practices intertwined with
    this industry than I have seen anywhere on this earth, and this
    has nearly destroyed our great breed.
        It is now time someone took action to save our breed and
    make our economy grow again. An economy based on criminal
    activity is not healthy for our industry and not healthy for
    our country. For this to happen, the mechanically created and
    artificial gait known as the Big Lick must cease to exist along
    with pads, action devices and soring so that this dark cloud
    can be removed from our breed. In addition, the HIO inspection
    system should be eliminated so that the self-regulation can go
    away and things can be done in the right manner.
        I thank you, Mr. Chairman, and appreciate the time to be
    here today and testify before you.
        [The prepared statement of Mr. Irby follows:]
        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        Mr. Terry. Thank you.
        Dr. DeHaven, you are recognized for your 5 minutes.

                      STATEMENT OF W. RON DEHAVEN

        Dr. DeHaven. Thank you, Chairman Terry, Ranking Member
    Schakowsky and members of the subcommittee. I am here today
    both as a veterinarian and also as a representative of the
    American Veterinary Medical Association. Mr. Chairman, while I
    will be giving an abbreviated statement, I request that my full
    written testimony be included in the hearing record.
        Mr. Terry. So ordered.
        Dr. DeHaven. The AVMA is the recognized voice of our
    Nation's veterinarians, representing more than 84,000 members,
    or roughly 80 percent of all veterinarians in the United
    States. My testimony today, though, also represents the joint
    efforts between AVMA and the American Association of Equine
    Practitioners. Together we are committed to upholding the
    health and welfare of our Nation's horses.
        I want to thank you for the opportunity to speak today as I
    believe I have a very unique perspective, having been engaged
    in this issue since very early in my career. Prior to the AVMA,
    I was the Administrator with the U.S. Department of
    Agriculture's Animal and Plant Health Inspection Service and
    had national responsibility for enforcement of the Horse
    Protection Act. But even before that, my first role with the
    USDA was as a field veterinary medical officer, where I gained
    6 years of boots-on-the-ground experience enforcing the Horse
    Protection Act and working at horse shows. I know the walking
    horse industry and its problems from the ground up.
        I want to thank Congressman Whitfield for his leadership in
    introducing and championing H.R. 1518, the Prevent All Soring
    Act, or PAST Act. I believe it represents a unique opportunity
    to once and for all end the cruel and inhumane practice of
    soring our Nation's walking horses. I have witnessed the long-
    lasting and damaging effects that soring has on horses and feel
    that this bill is necessary in order to stop this culture of
    abuse that has existed for more than 40 years in the walking
    horse industry.
        All of us know what soring is and that it is an unethical
    and inhumane practice, and it involves deliberately inflicting
    pain to exaggerate the leg motion of some gaited horses but
    especially Tennessee Walking Horses, Spotted Saddle Horses and
    Racking Horses. Not only is it inhumane but it is also
    unethical, giving an advantage to those trainers who use the
    practice to achieve this unnatural gait known as the Big Lick.
        Horses can be sored with chemicals, which are typically
    caustic liquids applied to the horse's lower leg, making that
    leg sensitive to the touch. Action devices, which are bracelet-
    like chains or rollers, are then placed on the legs and then
    strike that area of the pastern, exacerbating the pain that has
    already been sored. Although there is little reason to use
    these chains in the show ring unless a horse has been sored,
    the current law still permits their use.
        Horses can also be sored using physical methods, resulting
    in pain when the horse's hoof strikes the ground. A few
    examples of this include improperly trimming the hoof to expose
    sensitive tissues, placing foreign objects such as metal bolts
    between the shoe pads and the sole of the foot, or improper
    shoeing techniques. Performance packages or the so-called
    stacks and pads are often nailed to the horse's natural hoof
    and secured by a metal band that runs across the hoof wall.
    That adds weight to the horse's leg, causing the hoof to strike
    with more force and also at an abnormal angle. These pads can
    also be used to conceal foreign objects that apply painful
    pressure to the sole of the horse's foot.
        Soring is detected through visual and manual inspections
    and through the use of various types of technology. Even so,
    unethical trainers and owners have developed creative ways to
    avoid detection. These include but are not limited to the use
    of numbing agents on the horse's legs to mask the pain during
    the inspection. The use of harsh or even painful training
    methods called stewarding that teaches the horse if they flinch
    or otherwise show evidence of pain during inspection, that they
    will be subject to even more severe abuse.
        Looking back, Congress recognized the importance of
    stopping this egregious practice when they passed the Horse
    Protection Act with the goal of ending this practice.
    Unfortunately, the law did not go far enough. Many factors
    including unethical trainers and owners who continue to sore,
    show judges who reward this bad behavior, and insufficient
    funding as well as strong political influences, all of these
    have contributed to a culture of corruption within the walking
    horse industry, and that is what allows soring to continue
    today. Many trainers and owners feel in fact that they must
    sore if they are going to be competitive.
        One of the major drawbacks of the current enforcement
    program is reliance on the walking horse industry to police
    itself. This is the proverbial fox watching the henhouse.
    Industry inspectors commonly have inherent conflicts of
    interest and therefore it can be to their advantage to let a
    sore horse into the show ring. Indeed, a 2008 white paper by
    the American Association of Equine Practitioners as well as the
    2010 USDA OIG report confirm this assertion, and both of those
    reports called for the ending of this self-policing practice.
    The data submitted with my written testimony shows violation
    rates vary from year to year, but I want to draw your attention
    to several points. First, violation rates are never zero.
    Second, oversight by USDA veterinarians shows that inspectors
    are much more likely to find violations when in fact they have
    oversight.
        This legislation is endorsed by more than 100 organizations
    including every veterinary medical association at the State
    level and the United States. Thus, it means that every member
    of this subcommittee has constituents who are veterinarians
    that want this bill passed.
        Mr. Chairman, thank you, and thank you to the committee for
    this opportunity to testify on behalf of the American
    Veterinary Medical Association.
        [The prepared statement of Dr. DeHaven follows:]
        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        Mr. Terry. Thank you.
        Dr. Bennett, you are now recognized for your 5 minutes.

                       STATEMENT OF JOHN BENNETT

        Dr. Bennett. Thank you. Chairman Terry, Ranking Member
    Schakowsky and members of the committee, I thank you for the
    opportunity to be here and discuss H.R. 1518 and impact it
    would have on the walking horse industry.
        I have been a licensed veterinarian for 33 years, and
    currently I am licensed in the States of Kentucky, Tennessee,
    Mississippi, Alabama, and Florida. I am a member of the AVMA,
    the AAEP, Kentucky Veterinary Medical Association, the
    Tennessee Veterinary Medical Association, the Florida
    Association of Equine Petitioners, Tennessee Walking Horse
    Breeders and Exhibitors Association, and also a member of TCVM,
    which is Traditional Chinese Veterinary Medicine, which
    correlates to I do acupuncture. I have also been a veterinarian
    for the Humane Society of the United States to look after the
    horses that were confiscated from the Jackie McConnell stables
    in West Tennessee. I have also been a veterinarian for the
    Humane Society of the United States for horses confiscated in
    East Tennessee from the Larry Wheeling stables. I have also
    worked for the USDA and their annual training programs to train
    the inspectors, the DQPs, that inspect the horses. I have
    taught classes at those courses. I go through all that merely
    to say that I am the one person on this panel that every day is
    out there where the rubber meets the road. My practice is
    located in Shelbyville, Tennessee. Up to 60 percent of it is
    made up of Tennessee Walking Horses. The rest are Western
    Performance Horses, American Saddlebreds, Hunter Jumpers,
    occasional mule and miniature, I guess to keep me humble.
        One thing that I would bring out after we saw the video,
    nobody in this room should put up with animal cruelty of
    whatever breed at all. But make no mistake, the Horse
    Protection Act as it is written today and as it is being
    proposed today would have no jurisdiction over either one of
    those cases. The industry, as Mr. Whitfield says, has data that
    says we are 98 percent compliant. The USDA data says we are
    96.6 percent compliant. The reason I am here today is, I feel
    like that the industry is moving forward.
        On the other hand, I get asked if you are opposed to H.R.
    1518, then you are for soring horses. That is absolutely not
    the case. There is not a person on this panel or in this room
    that doesn't view soring as a cancer on this industry. As a
    medical professional, I prefer to cut it out with a scalpel
    blade. H.R. 1518 wants to use a chainsaw.
        I was lucky enough in the fall of 2012 to meet in southern
    Kentucky with Congressman Whitfield to discuss the same issues
    that we have today, and I too wonder after 40-some years and in
    the pat year since we met, why are we still having these
    problems? And I would submit to you, ladies and gentlemen, in
    my opinion, I think the technology has caught up with horse
    training. Now I think it is time for the Horse Protection Act
    to catch up to the technology.
        I would invite each and every one of you at any time, you
    don't have to call ahead, come down and ride with me, see what
    I see. You have got an open invitation.
        And with that said, I do want to thank you for the
    opportunity to be here, and I will do my very best to answer
    any questions you have. Thank you.
        [The prepared statement of Dr. Bennett follows:]
        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        Mr. Terry. Thank you, Dr. Bennett.
        Ms. Benefield, you are now recognized for 5 minutes.

                      STATEMENT OF DONNA BENEFIELD

        Ms. Benefield. I would like to thank Chairman Terry and
    Ranking Member Schakowsky and distinguished members of the
    subcommittee for giving me the opportunity to testify here
    today.
        Mr. Chairman, I would like to request that my written
    testimony and exhibits be admitted into the official record.
        Mr. Terry. All members, your statements will be entered
    into the record.
        Ms. Benefield. My name is Donna Benefield, and I am the
    Vice President of the International Walking Horse Association.
    I have been involved in the administration of four USDA-
    certified inspection programs over the past 25 years. I have
    inspected thousands of horses for compliance with the Horse
    Protection Act and its regulations. I have been in hundreds of
    meetings here in Washington, D.C., with the USDA and the
    Tennessee Walking Horse Industry to achieve reform in the
    industry and compliance with the federal law.
        When Congress passed the Act in 1970, their intent was to
    eradicate soring, not regulate it, as is being done under the
    current horse protection regulations. On April 27, 1979, the
    Federal Register published the following: ``If the horse
    industry makes no effort to establish a workable self-
    regulatory program for the elimination of sore horses or if
    such a program is established but does not succeed in
    eliminating the sore horse problem within a reasonable length
    of time, the Department will give serious consideration to the
    prohibition of all action devices and pads.''
        This industry has had over 40 years to rid itself of this
    abuse, and for numerous reasons has not only resisted, but has
    refused reform at every turn. They have maintained, controlled
    and regulated soring through fear and intimidation for decades.
    Back in the 1980s, there were headlines on the front page of
    the Nashville Tennessean newspaper regarding death threats on
    me. The FBI became involved, and arranged protection for my
    husband and me for many years. In the 1990s, we had a horse
    killed. Years later another horse was poisoned at a horse show.
        Due to the time constraints, I am going to share with you
    only a few things that are done to these horses to enhance
    their gait and to avoid detection of a violation of the Horse
    Protection Act. What they do to sore a horse: caustic chemicals
    are applied to the pasterns--ankles, the cannon bone, or the
    shin of the horse, then wrap the legs in plastic for 24 to 48
    hours. They are tied to the wall. They put duct tape around the
    wraps to prevent the horse from chewing the wraps off their
    burning legs, due to the intense pain. They will use an
    electric grinder to sand the soles of the feet down to the
    quick until beads of blood come to the surface before applying
    the shoe. They will insert foreign objects between the soles of
    the horse's feet and stacks. They will pressure shoe a horse by
    standing the horse on steel bolts or wooden blocks. They will
    sand a strip of the hoof wall down to the quick, apply a band
    across the top of the area and tighten it down with a
    screwdriver to create pressure on the sensitive hoof wall or to
    create additional pressure to the sole of the pressure-shod
    horse.
        I have seen the bands sheared off the hoof near the top of
    the hoof many times, leaving the horse standing on a bloody nub
    in a pool of blood in the show ring. At a recent seminar, one
    of the industry vets instructed attendees what supplies to have
    in their grooming kit so that they were prepared when this
    happens.
        The reason why these things are not detected during
    inspection, they steward the horses. Stewarding is when a
    person will do a mock inspection of the horse's pasterns while
    another person will hold the horse. When the horse reacts to
    the pain, the person will hit the horse in the head with a two
    by four, an ax handle or a baseball bat, among other things,
    until he stops reacting to the pain. I have seen this many
    times. He then has been taught not to react during the
    inspection at the horse show, as seen on the ABC Nightline show
    with Jackie McConnell that you just saw. They use numbing
    agents applied topically or injected by the trainer or a
    sympathetic industry vet to block the pain at shows. They will
    allow alligator clips to the scrotum, anus, vulva, tongue, tail
    or the teats of the horse to create a painful distraction
    during the inspection. They put zip ties or piano wire on the
    gums of the horse and pull it very tight, creating pain to take
    their mind off of the pain on their feet. They use glue-on
    hair, tattooing, sprays, graphite among other things to hide
    the illegal scars. They put bit burrs under the saddle girth
    and cinch the girth up tight to create pain to distract the
    horse. Salicylic acid is used to remove scars. They slather a
    paste of salicylic acid and alcohol, Cut-Heal or DMSO or
    whatever onto the pastern, wrap them in plastic for 24 to 48
    hours to cook. The horse will typically lie in a stall,
    breaking out in a sweat, moaning with pain and resist getting
    to his feet. They then have to go into the stall and beat the
    horse to his feet, as was seen in the ABC Nightline Jackie
    McConnell show. After 48 hours, the will take the wraps off and
    the skin begins to slough off. They then begin the tedious
    process of literally combing the skin off of the leg, thereby
    hopefully putting the horse back into compliance with the
    current Horse Protection scar rule regulation.
        The AVMA and the AAEP recently issued a statement on the
    impact of the pads and chain: ``What the science says is that
    raising the heels--placing a horse on pads and wedge--8 degrees
    can cause the horse to stumble and tire easily. Additionally,
    horses placed on pads and wedges showed inflammation in the
    flexor tendon area of the pastern. Chains that weigh 6 ounces
    will start to cause hair loss without the use of chemical
    irritants. Chains heavier than 6 ounces used on horses that
    have been previously sored will cause open lesions within 2
    weeks. We're happy to say we did our homework and, yes, the
    science that's available appears to support our position.
    However, the industry has once again missed the point of the
    AVMA's and AAEP's decision. The AVMA's and AAEP's primary
    concern----
        Mr. Terry. Please wrap up.
        Ms. Benefield [continuing]. Is that the chains and pads are
    used to exacerbate and hiding soring. For this reason, the IWHA
    endorses this bill, and we are here today asking for the
    passage of H.R. 1518 amendment to correct this chronic 43-year-
    old problem. Thank you.
        [The prepared statement of Ms. Benefield follows:]
        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        Mr. Terry. Thank you.
        Ms. Bippen, you are now recognized for your 5 minutes.

                       STATEMENT OF TERESA BIPPEN

        Ms. Bippen. Thank you, Mr. Chairman, and I ask that my
    testimony and exhibits be included in the official record.
        Mr. Terry. And they will be.
        Ms. Bippen. Thank you. Friends of Sound Horses, or FOSH, is
    a nonprofit organization that is dedicated to ending the abuse
    of soring. FOSH is an umbrella organization of 15 gaited horse
    breeds including the Tennessee Walking Horse, Spotted Saddle
    Horse and Racking Horse. FOSH has been in existence since 1998
    and supports the PAST Act.
        For its entire existence, FOSH has been committed to ending
    soring. During this time, FOSH has worked with the USDA,
    developed and populated the largest database in existence of
    HPA violations, built a public Web site with a library of all
    publications on soring since 1956, sponsored three Sound Horse
    Conferences, and researched numerous technology solutions to
    detect soring.
        Although we have often heard from the walking horse
    industry spokesmen that the problem of soring is the result of
    a few bad apples, the total number of HPA violation records is
    over 10,000 since the mid-1980s. This history of ongoing
    violations spans more than 40 years, through trainers, entire
    families, old and new names, and this is why FOSH has reached
    the conclusion, as have the other endorsers of this bill, that
    legislative change is the only solution to end the plague of
    soring.
        FOSH is one of over two dozen national and international
    walking horse organizations that support the PAST Act. These
    organizations have been in existence for many years and do not
    allow padded and chained horses in their show rings. After
    trying to bring about change in the traditional show world for
    years, concerned exhibitors and spectators alike abandoned
    venues like The Celebration. Banning the padded and chained
    horse has allowed these organizations to thrive because
    exhibitors and spectators at their shows do not want to be
    surrounded by the abuse that occurs in the big lick show world
    nor do they want to exhibit with people who use illegal means
    to win a ribbon.
        Through its research and experience, FOSH has determined
    that a combination of weak inspections, conflicted DQPs and the
    failure of HIOs to report violations has created a culture of
    acceptance in exhibiting sored horses, which routinely hides
    and misrepresents the data to deceive Congress and the public
    about the widespread nature of the problem.
        A few specific examples of the lack of compliance with the
    Act among the Big Lick segment of the industry include the USDA
    reported that at the 2012 Celebration in a random swabbing for
    signs of foreign, prohibited substances, 145 swab samples of
    190 tested positive for foreign substances. This is a 76
    percent noncompliance rate. Celebration management, however,
    announced to the public in news releases that it would be
    swabbing every horse on the grounds for prohibited foreign
    substances. They reported only two positive swab samples in
    almost 2,000 entries while the USDA found 145 in a sample of
    only 190 horses. Based on examples such as this one, FOSH has
    concluded that the current HIO system is broken, or else there
    would not be such a large discrepancy between the USDA samples
    and those of the Celebration.
        During 2010, 2011, and half of 2012, the violation rate for
    three compliant HIOs--FOSH, International Walking Horse
    Association and National Walking Horse Association--was only
    .02 percent, or only eight violations out of over 42,000
    inspections. These three compliant HIOs have perfect inspection
    records when their shows are attended and audited by the USDA.
    By contrast, the violation rate at the 2012 Celebration was 9
    percent, which is 450 times greater than that of the compliant
    HIOs.
        In August this year, the USDA released figures for the show
    season through April 2013 that further support passage of PAST.
    Of 241 HPA violations, 93 percent of the violations were on
    padded horses. Not only that, but when the USDA inspectors were
    present at shows this year, the HPA violation rate was 280
    percent greater than when the rate at shows at which USDA was
    not there.
        It is the conclusion also of FOSH that weak penalties
    imposed by noncompliant HIOs are meaningless and do not serve
    as deterrents. As an example, the top five 2013 Riders Cup
    contenders share 94 reported HPA violations as reported at the
    publicly available Web site, HPAdata.us.
        Another factor influencing FOSH's support of stronger
    penalties is the repeat violator list generated by that same
    Web site. This repeat-violator list is 260 pages long single-
    spaced. Much stronger penalties are needed to serve as a
    deterrent as the current penalty structure has been meaningless
    and ignored by violators for many years.
        While FOSH has been a part of efforts to save the Tennessee
    Walking, Racking and Spotted Saddle industries by providing a
    network of horse shows where competitors train horses humanely
    and play fairly and in compliance with the law, we have noticed
    that the stigma associated with the problems in the Big Lick
    industry has caused economic harm to our breeds. Because most
    true horsemen do not want to be associated in any way with
    animal abuse or illegal activity, fewer horses are being bred,
    raised, trained, shod, boarded, fed, treated with veterinary
    care and shown in our breeds. The negative impact on the
    economy caused by the ongoing presence of soring and the
    failure of the Horse Protection Act to eradicate the problem is
    far reaching. The PAST Act is needed to fix the deficiency in
    the current law, restore honor to the breeds afflicted by
    soring and bring more people and dollars back into the horse
    industry.
        In closing, FOSH reiterates that its experience, analysis
    and research have led it to strongly support PAST, which
    provides for greater penalties, abolishment of the HIO system
    and elimination of devices that are an integral part of the
    abuse of soring. Thank you.
        [The prepared statement of Ms. Bippen follows:]
        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        Mr. Terry. Thank you, Ms. Bippen.
        Now, Mr. Hickey, you are now recognized for your 5 minutes,
    and your statement will be part of the record.

                      STATEMENT OF JAMES J. HICKEY

        Mr. Hickey. Thank you very much for the opportunity to
    present this testimony on behalf of the American Horse Council
    in support of the Prevent All Soring Tactics Act of 2013.
        My name is Jay Hickey. I am the President of the American
    Horse Council. We are a Washington-based organization that
    represents the horse industry here in D.C. before Congress and
    the federal regulatory agencies. Our organization's members
    include organizations that represent show, racing, recreation
    and stakeholders.
        You have already heard about soring and its mechanics, the
    pain it causes the horses, the Horse Protection Act, the
    continued problems with soring in segments of certain breeds in
    the bill at issue. I would like to explain the position of the
    American Horse Council and how we came to support this
    legislation.
        It seems strange that an industry would come to the federal
    government and support additional regulations but there are
    good reasons for that. When the original bill was introduced at
    the end of last Congress, the AHC felt it was worthy of review.
    We asked two of our committees, our animal welfare committee
    and our horse show committee, to review it. After meetings,
    numerous calls, emails, lengthy discussions and serious
    considerations, it was clear that there was strong support for
    this bill. I think simply stated, everybody felt it was an idea
    whose time had finally come. The two AHC committees recommended
    that the board support it, and we now do.
        Why do we support this legislation? We support it because
    soring continues. We have heard testimony about the USDA OIG
    study. We have heard testimony that a meaningful percent of
    horses in the performance or Big Lick sector of the walking
    horse industry are still being sored despite efforts to stop
    it. Many actions have been initiated over the last 40 years to
    end this practice, new organizations formed, new promises made,
    but the problem persists. We support this legislation because
    soring is garnering more and more adverse and unnecessary
    publicity for the horse show industry at large.
        Witness the press about Jackie McConnell and Larry Wheeling
    and others. This affects the non-walking horse sector of the
    show industry. The public sees other breeds doing an animated
    gait and thinks it is a walking horse and being sored rather
    than performing its natural gait. That reflects badly on the
    entire show horse industry.
        We support this legislation because federal law to prohibit
    soring has been on the books for 43 years but it continues in a
    segment of the walking horse industry. Everyone maintains that
    they oppose soring but there are differences of opinion on how
    to stop it.
        Almost on the date the Act was passed 43 years ago, these
    differences have been discussed, debated, argued, litigated,
    lobbied, and been the subject of federal rulemaking. The
    discussion has become toxic within the horse industry. The AHC
    and major show organizations now believe it is time for the
    controversy to stop and that only a change to the existing
    federal law can stop it.
        Finally, and most importantly, we support this legislation
    because it is the right thing to do for the horses.
        The AHC believes that we need a federal change to the Horse
    Protection Act, a change to eliminate action devices and stacks
    in the Big Lick and performance sectors of the walking horse
    industry, a change to inaugurate a new inspection program that
    will rely on independent professionals including accredited
    veterinarians to inspect the horses involved rather than
    continuing the current failed DQP program, and a change to
    provide for uniform and strong penalties including
    disqualification for life if it comes to that. The Prevent All
    Soring Tactics Act is the answer. The PAST Act is a narrowly
    drafted bill that is focused on soring and limited to the
    problem it is trying to solve. It will change the federal law
    to end the bickering and debate, reform the regulatory system
    and finally eliminate soring. The PAST Act does not adversely
    affect or unnecessarily burden other segments of the show horse
    industry that are not soring horses and have no history of
    soring horses.
        The following major horse show organizations support the
    PAST Act: American Association of Equine Practitioners,
    American Morgan Horse Association, the American Paint Horse
    Association, American Quarter Horse Association, Appaloosa
    Horse Club, Arabian Horse Association, Pinto Horse Association
    of America, American Saddlebred Horse Association, U.S.
    Equestrian Federation, United Professional Horsemen's
    Association. There are others, but those are national
    organizations. That is a large part of the show horse industry.
        For those of you who are familiar with the horse industry,
    it is an industry famous for a lack of uniformity on anything,
    lack of unanimity on anything, but in this case, there is
    amazing consensus and support of the PAST Act. We ask you to
    pas this legislation. After 43 years of federal regulation and
    soring continuing, it is the right thing to do. We must stop
    soring, the culture of soring, and pass this legislation. Thank
    you, sir.
        [The prepared statement of Mr. Hickey follows:]
        [GRAPHICS NOT AVAILABLE IN TIFF FORMAT]

        Mr. Terry. Thank you, and all time for the witnesses has
    concluded, and so at this time it is our opportunity to follow
    up and ask questions to the panel. As chairman, I get to go
    first.
        So it seems to me that listening and reading your
    testimony, it boils down into two distinct camps. Maybe
    ``camp'' is too strong of a word. Everyone seems to agree that
    the tactics process that we witnessed in the video clip and
    that we have read about is horrible and should not be part of
    the walking horse industry. Where there seems to be a spilt
    between the testimony here is the need for any additional layer
    of legislation or H.R. 1518 specifically.
        So I think for me, that is where I want to kind of dive
    down into is why there is opposition to this bill. Now,
    Commissioner Johnson, you mentioned in your testimony that
    there is a problem, although it is small, and that there are
    reasonable solutions. Could you be more specific in what you
    think would be the better solution? Turn on your microphone.
        Mr. Johnson. Really, this is an area that I am not an
    expert in that I look to those who are the experts, and Dr.
    Bennett has long been recognized as one of those experts that I
    consult with, and I would like to him to answer those kind of
    questions. But I don't feel like I have the expertise.
        Mr. Terry. I appreciate that.
        So Dr. Bennett, you established your credibility and
    expertise in an impressive way. So you also mentioned that this
    bill is not necessary and perhaps goes too far. Would you
    clarify, A, is there something that should be done? What part
    of this bill--is any part of H.R. 1518 do you think appropriate
    and would be effective in stopping these procedures?
        Dr. Bennett. Thank you for the opportunity, and great
    questions. I would think the greatest part about H.R. 1518 has
    got us in this room so we can discuss this problem. Now, with
    that said, Mrs. Benefield, who I consider a friend, brought up
    the fact, just one thing, I am not going to go through the
    list, but spurs under their saddles. They go through
    inspections now, the saddles have to be off. That is mandated.
    The other thing that I would see is like I said, we have
    science and technology. I have got three digital X-ray machines
    that can shoot X-rays and have the results in 6 seconds. I have
    got three thermography cameras. That measures the physiology of
    the horse. X-rays measure the anatomy. That is science. There
    is swabbing that you will hear about. There is machines out
    there----
        Mr. Terry. Do you X-ray? Is this process done before every
    show or is this just when an accusation has been brought up
    that you will go the extent of using this new technology?
        Dr. Bennett. The walking horse industry themselves does not
    have X-ray machines at their inspections. The USDA when they
    come in bring their X-ray machines and veterinarians and they
    have the option to X-ray at their discretion. And that kind of
    came up--if I may, this kind of came up on the X-rays over a
    1979 study from Michigan State University on laminitis.
        Mr. Terry. We play them this Saturday, so I hope you say
    that you want them to lose. Go forward, though.
        Dr. Bennett. Yes, Kentucky lost basketball and not doing
    good. But anyway, this is a 1979 study that had to do with
    horses that had laminitis and if they could come back and be in
    the show ring. Anybody that does equine podiatry or works on
    horses' feet, the science is well past that now. So that is one
    rule that we are boxed into with radiographs. The good thing
    is, is the bolts that are under there or any of those things,
    the X-rays pick those up. You can see them right there on the
    spot. And that is what I would like to get across is, let us
    get the science and catch those horses with science objectively
    before they go in the show ring.
        Mr. Terry. How about the issue that was brought up with
    conflict of interest with the inspectors? Is there a way to
    resolve that?
        Dr. Bennett. Yes, it can be resolved. The thing is, they
    hammer me with 40-some years of history, and I can't argue
    that. That is the reason I am here. I don't like soring. The
    problem we have got is with the show, HIO, that Mr. Whitfield
    was alluding to that it was started in 2009 as a result of the
    AAEP white paper made the inspectors sign a non-conflict of
    interest. There are steps in place, but that is one HIO. There
    are 13 HIOs. Who certifies those HIOs? The USDA. I get hammered
    all the time at these meetings I go to. We need one HIO. I
    agree. I agree 100 percent. But there are 13.
        Mr. Terry. Thank you.
        Now the ranking member, Ms. Schakowsky, has 5 minutes.
        Ms. Schakowsky. Thank you. Actually, we are, I think,
    seeing two different worlds, one that says no problem, this may
    have been a problem, isn't a problem anymore, and another that
    says that this is ongoing.
        Ms. Benefield, I wanted to ask you, how do you account for
    the testimony that we have heard that the walking horse
    industry is approaching 98 percent compliance rate, 96 percent
    compliance with regard to soring that they claim, the
    discrepancy in what you see happening?
        Ms. Benefield. Well, what goes on with a lot of those
    horses is, trainers or veterinarians will go in and actually
    numb the horses on the show grounds prior to inspection with
    topical applications of creams or sprays or they will actually
    inject them with numbing agents to get them through inspection
    in addition to the stewarding that I discussed. So the horse is
    now trained to pas the inspection and not elicit a pain
    response. That will interrupt your percentage rates
    significantly, and also, the rates that they are counting on
    are based on entries. For example, if you have 10 horses at a
    horse show and that horse goes in one class and he is inspected
    and turned down, that would be a 10 percent noncompliant rate,
    but if that horse goes in 10 classes each, that is 100 horses
    and those of the 100 entries, so now you are looking at a 1
    percent. So they dilute the percentages by calling them entries
    when horses go in multiple classes rather than calling them
    just individual horse individuals.
        Ms. Schakowsky. Well, how do you know this is happening
    still? Dr. Bennett says the technologies have caught up and
    that isn't happening anymore. How do you know it is happening?
        Ms. Benefield. Well, I have witnessed it. In fact, at the
    Celebration, when I worked at the Celebration in 2010, I
    observed a veterinarian prior to a class actually injecting the
    horse with numbing agents prior to inspection.
        Ms. Schakowsky. All right. Dr. Bennett, just real quickly
    because I have another question for----
        Dr. Bennett. It makes no sense to numb a horse. One reason
    is that we want the exaggerated gait. If you numb his legs, Dr.
    DeHaven is a licensed veterinarian, he can tell you, they are
    not going to pick their feet up. The second thing is, if we
    have the swabbing and the technology, we can check for those
    numbing agents right there on the spot. Thank you.
        Ms. Schakowsky. Mr. Irby, you have been associated with
    this industry for such a long time and yet you are here today
    supporting the legislation. What have you observed?
        Mr. Irby. Over the past year, I actually kind of did my own
    informal study because I did at one time stand up for the
    padded performance horse, so I went around from barn to barn
    and saw that the majority of all of the trainers were either
    still soring horses, would even tell you what they were doing,
    applying hand cleaners, WD-40 and kerosene and mustard oil and
    things like that to their feet, and went all over middle
    Tennessee, parts of Kentucky, Alabama and other States, and my
    conclusion was that the majority of everybody, if not
    everybody, is still soring horses today in the padded
    performance division and that I could not find one single
    padded performance horse that had not been sored at some point
    in their life.
        Ms. Schakowsky. Could you speak to the economic motivation
    for trainers to sore and for the Horse Industry Organizations
    to turn a blind eye to the practice?
        Mr. Irby. The main economic factor is that by soring a
    horse, a trainer can take a colt that might go buy that is 16
    or 18 months old and take him to a training barn and within 90
    days a colt that they purchased for $500 to $5,000 they could
    sell for as high as $100,000. So it is a way for them to make a
    quick buck but it is a detriment to the industry, and it is
    only about their personal gain.
        Ms. Schakowsky. Thank you. I wanted to ask Ms. Bippen a
    question. You had talked about at the end of your testimony
    that there was an economic benefit to the breeds that your
    represent to end this practice. How do you explain that, that
    it would actually be beneficial? Because we are hearing
    testimony how important it is not to have further inspections.
        Ms. Bippen. Yes. The stigma that has attached to Tennessee
    Walking Horses has caused quite a few people to not want to own
    those horses, and even myself when I explain I have Tennessee
    Walking Horses, I have to explain that they are not show horses
    and they ask, are they the ones where they take those pads and
    those chains and they put them in a show ring. So I believe
    that the Tennessee Walking Horse has a fabulous disposition and
    many more people should own one, but they just do not want to
    be associated with that soring, and they don't want to have to
    worry about participating in shoes where soring takes place. So
    without that stigma, I believe that industry could grow
    substantially.
        Ms. Schakowsky. And my time is about up. Thank you very
    much, all of you, for your testimony.
        Mr. Lance [presiding]. Thank you very much. The chair
    recognizes the vice chair of the full committee, Congresswoman
    Blackburn of Tennessee.
        Mrs. Blackburn. Thank you, Mr. Chairman.
        Mr. Hickey, thanks for being here. You are testifying on
    behalf of the American Horse Council, correct?
        Mr. Hickey. Correct.
        Mrs. Blackburn. OK. Now, you are testifying for ending the
    practice of soring, correct?
        Mr. Hickey. Correct.
        Mrs. Blackburn. OK. Now, the major contributing----
        Mr. Terry. I have to interrupt. Will you pull the
    microphone closer?
        Mrs. Blackburn. OK. The major contributing industry to the
    Horse Council is the Thoroughbred industry, right?
        Mr. Hickey. No.
        Mrs. Blackburn. Oh, it isn't?
        Mr. Hickey. No.
        Mrs. Blackburn. OK. I have information that it is, and of
    course, the Thoroughbred industry has had over 3,000 horses die
    in the last 4 years, died on the track. So you are saying there
    is a presumed problem with the Tennessee Walking Horse, and I
    would like to ask you why you think that is worse than the
    issue that exists with what the stats would say is the problem
    with the Thoroughbred industry?
        Mr. Hickey. Well, I am testifying today on the PAST Act. I
    believe that next week you will have a hearing on the other
    bill that Ms. Schakowsky and Mr. Whitfield have involving
    medication in racing. That would be, I think, a more
    appropriate question then.
        Mrs. Blackburn. Let me move on.
        Mr. Hickey. But let me just say----
        Mrs. Blackburn. No, let me move on with my questioning. Let
    me reclaim my time.
        OK. With the number of deaths in the Thoroughbred industry,
    I am curious as to how you can be a proponent for self-
    regulation in the Thoroughbred industry but you are not a
    proponent for self-regulation in the walking horse industry.
        Mr. Hickey. Well, I am not sure that self-regulation is
    correct. I am a proponent for amending the Horse Protection
    Act, which has been a federal law in existence for 43 years, to
    amend it very narrowly, I might point out, to prohibit and
    finally stop soring, which was passed 43 years ago to try to
    do. It has not worked. So that was my testimony there.
        Mrs. Blackburn. OK. Then----
        Mr. Hickey. We are----
        Mrs. Blackburn. Let me reclaim my time and move on with
    questions then. So if you are for that, now, let me ask you
    this, would the American Horse Council support the use of
    action devices and pads in the other competitive areas where
    these may be used with other show breeds, and what makes the
    action device and pad used in the walking horse industry
    different, and then should all breeds be banned from the use of
    action devices and pads?
        Mr. Hickey. Well, all breeds--other people help me with
    this, because this gets into some specific breed questions.
    Each breed regulates its own showing and classes. All other
    breeds prohibit the use of action device and the large pads and
    stacks that we are talking about today in the show ring.
        Mrs. Blackburn. OK. Let me----
        Mr. Hickey. It is only the performance horses----
        Mrs. Blackburn [continuing]. Move on to Dr. Bennett then
    and have him pick this up.
        Mr. Hickey. Can I--one----
        Mrs. Blackburn. Sure.
        Mr. Hickey. Soring would not be--and again, anybody else.
    Soring would not be appropriate or helpful in the activities
    and the classes and the shows of other breeds. In fact, it
    would be counterproductive. So this Act does not--although it
    applies to them, it does not apply to them in the same fashion.
    They don't have--they are not regulated because they don't sore
    their horses.
        Mrs. Blackburn. Reclaiming, and Dr. Bennett, you are
    recognized. Do the pad and action devices cause any harm to the
    horse?
        Dr. Bennett. I have done exhaustive research myself as best
    I could, and I cannot find going back to the early 1970s any
    published scientific literature that says that package or pads
    on the Tennessee Walking Horses or the action device cause
    lameness and/or soring.
        Mrs. Blackburn. OK. And----
        Dr. Bennett. Is there an article out there? Possibly could
    be. I could not find it.
        Mrs. Blackburn. OK. In your 33 years of working as a
    veterinarian and working in the field of walking horse, has the
    condition of the horses competing in the ring improved with
    regard to compliance with the Horse Protection Act?
        Dr. Bennett. Yes, I can say that they have improved
    according to the Horse Protection Act, and I would like to
    comment about the slide that they show of the Tennessee Walking
    Horses going around the Celebration ring, and it makes you
    think that those horses are sore. Those horses that got in the
    ring have been through the most stringent inspection process of
    any horse. The horse that they want to show should be the one
    that got turned out. Just a sideline.
        Mrs. Blackburn. Thank you. Yield back.
        Mr. Terry. At this point we recognize the gentleman from
    Kentucky, Mr. Yarmuth.
        Mr. Yarmuth. Thank you, Mr. Chairman. Thank all the
    witnesses for their testimony. I also want to thank my
    colleague, Mr. Whitfield, and also Congresswoman Schakowsky for
    their sponsorship of this bill, which I am proud to cosponsor.
        I would like to allow Mr. Hickey--it seemed like you wanted
    to make a distinction between this situation and Thoroughbred
    racing that you weren't able to make. Would you like to
    elaborate on your answer?
        Mr. Hickey. Well, I mean, we can go into the late afternoon
    if we are going to get into other legislation too, but the
    situation briefly, and I should not be testifying on this, but
    briefly, the medication legislation and horseracing, it comes
    down to whether you should allow race-day medication or not.
    There is a huge controversy within the racing industry as to
    whether race-day medication is beneficial or is not beneficial,
    and that rages on. In the last 2 years, the uniform rules on
    race-day medication has gone into effect in, I think, 11
    different States and will go into effect and there will be
    uniform rules on January 1. Now, this is something for a future
    hearing, but I just wanted to point that out. There is no
    debate within the horse show industry as to whether soring,
    which is what we are talking about, is appropriate or not.
        Mr. Yarmuth. I also want to carry on the conversation that
    the chairman started about the nature of the objections to the
    bill, because there are several misconceptions, it seems like,
    about what the bill--at least differences of opinion about what
    the bill does or doesn't do, and you made the statement and
    others have made it that this really wouldn't solve the problem
    because it doesn't specifically relate to soring, but in
    Section 2(d)(1)(B), it clearly bans soring, I think, when it
    states that conduct ``causing a horse to become sore or
    directing another person to cause a horse to become sore'' is
    prohibited. Do you think that----
        Dr. Bennett. Yes, I think what I was----
        Mr. Yarmuth [continuing]. Is a sufficient definition? I am
    sorry. Go ahead.
        Dr. Bennett. No, I am sorry. What I was alluding to is,
    there again, why are we still having this after 40 years? The
    problem that I see is that the inspection process is so
    subjective, and what happens is, a horse gets turned down, say
    for scar rule violation. If he gets a penalty from one HIO,
    that penalty is not recognized by another HIO so he can go
    somewhere else and show. The penalties and the subjectivity of
    the nature of the inspection is the problem I have. Let us get
    down to science, and we could get this solved. If we use
    industry numbers, we are at 98 percent. If we use USDA numbers,
    we are at 96 percent. We are making progress, and I have talked
    to the AAEP--I am an AAEP member--and they always say when
    industry decides that they can show that they want to help
    themselves, then we will be glad to jump in. We are getting
    there. We are not at the stage yet that I want to go and say
    hey, help us, here's what we got. But we do have proof since
    2009 when we got the most stringent HIO in place, but what
    happened, when we penalized those people, they went somewhere
    else. It is like losing a driver's license in this county but
    you can go to the next county and drive. It is an inconvenience
    but you can still drive. If you took their driver's license
    away for the entire North America, then you have penalized
    them. Does that answer?
        Mr. Yarmuth. Doesn't the original Act deal with
    transporting horses that have been sored, though?
        Dr. Bennett. Yes, and this is a very emotional issue when
    you start looking at the type of Jackie McConnell and all that,
    but there again, the Horse Protection Act doesn't cover that.
    It covers transport, showing, exhibiting and offering public
    sale.
        Mr. Yarmuth. There obviously also is a dispute over the
    number of the incidents, the frequency, I guess, of soring, and
    the number is 97, 98 percent. Obviously Mr. Irby and Ms. Bippen
    have very different numbers. Do you want to elaborate? I know
    you have got lots of documentation that you----
        Ms. Bippen. Yes, I am happy to elaborate on that. We have
    been analyzing the data for quite a few years, and we always
    analyze it according to the number of horses at a show, as Ms.
    Benefield spoke about, so if you have 10 horses at a show and
    three of them are sored, we consider that a 30 percent
    noncompliance rate. However, recently the numbers that are
    coming to us are entries, so if those 10 horses were in 10
    classes, that is 100 entries and they would say now that it is
    only a 3 percent noncompliance rate, and so those are the
    numbers that are coming back to us now from the noncompliant
    HIOs. We are unable to find out the actual number of horses
    entered. Now what they are giving us are the entry rates, and
    because the flat-shod horses are not sored generally and they
    are now becoming more popular, what they are going to do is
    boost up the sound horse rate for those groups.
        Mr. Yarmuth. I see. Mr. Irby, do you want to elaborate on
    that, because you obviously, at least anecdotally, have a very
    different opinion.
        Mr. Irby. Yes, sir. I actually would like to comment. I
    can't cite the numbers but if you see the stacks on the table
    here and the chains, this segment of our industry is where the
    problem is, and I think what Ms. Bippen is saying is, we don't
    have this problem, we don't see it hardly at all within the
    normal regularly shod Tennessee Walking Horse, which that
    entire division, all those divisions will still be left for the
    majority with this bill, and this bill eliminates this division
    where the majority of the problem is, which is less than 10
    percent of our entire breed. Thank you.
        Mr. Yarmuth. I appreciate that. I yield back, Mr. Chairman.
    Thank you.
        Mr. Terry. Thank you, Mr. Yarmuth, and at this time
    recognize the vice chairman of the subcommittee, Mr. Lance, for
    5 minutes.
        Mr. Lance. Thank you very much, Mr. Chairman, and good
    morning to you all, and let me say that I recognize the
    expertise of everybody on the panel. This is not an area that I
    know well, but certainly I will continue to review the
    testimony.
        I represent a district in New Jersey that includes the New
    Jersey area related to the horse industry. There are
    constituents of mine who this time of year ride to the hounds
    in places like Bernardsville and Far Hills and Bedminster and
    perhaps some on the panel are familiar with that area. Although
    I am from New Jersey and not from the South, I certainly
    respect and honor the great State of Tennessee. I was honored
    to go to law school in Nashville, and I have been in
    Shelbyville as a guest of Mrs. Prentice Cooper, the widow of
    one of your great Governors, whose son, Jim, is a colleague of
    ours here in Congress. Jim's brother, William, and my wife and
    I were in law school together, and I have witnessed the
    performance in Shelbyville, I believe at the end of the summer,
    regarding the Tennessee Walking Horse.
        To Commissioner Johnson, is it possible to continue showing
    the Tennessee Walking Horse without soring?
        Mr. Johnson. I believe the industry has already proven that
    yes, it is, but certainly there are individuals, bad apples,
    bad actors in every kind of activity----
        Mr. Lance. Yes, of course, there are bad apples. Perhaps
    Congress is aware of that in its own responsibilities.
        To Ms. Benefield, is it possible to continue to show the
    Tennessee Walking Horse, eliminating the abuses you suggest
    that exist?
        Ms. Benefield. Yes, I do believe that you can continue
    showing the walking horse without the abuse. You will notice
    that according to the records that Ms. Bippen has been
    expressing to you, there are a lot of shows around the United
    States that do not use the pad and chain, and for example, in
    California, a show at the Los Angeles Equestrian Center may
    have as many as 150 individual horses at a show, and they are
    all flat shod, and yet at another venue in Los Angeles they
    will have a padded show, and a big class for them would be two
    horses or one horse. So the flat-shod horse is continuing to
    show around the United States, and this problem seems to be
    more centralized in the South now. It used to be widespread
    around the United States but it has become more centralized.
        Mr. Lance. Thank you. Let me say not as a question but as a
    comment, I hope and expect that this is an area where people of
    good will can come together, and the purpose of this hearing is
    to elicit information from the distinguished members of the
    panel who are expert in this area, and I am hopeful, based upon
    the expertise of everyone on the panel, that a solution can
    occur, and let me repeat, I recognize the expertise of all on
    the panel and I do not believe that it is appropriate for one
    part of the Nation to point a finger at another part of the
    Nation, and I certainly want to work with everybody on the
    panel including those from the great State of Tennessee, a
    State that is very fond to me, and I look forward to continuing
    this discussion to protect what we need to protect regarding
    horses, and certainly that is true in New Jersey and
    particularly the district I serve. I yield back the balance of
    my time, Mr. Chairman.
        Mr. Terry. Thank you, Mr. Lance. At this time I recognize
    the gentleman from Missouri, Mr. Long.
        Mr. Long. Thank you, Mr. Chairman. Mr. Chairman, I have
    given the committee a series of statements from individuals who
    are deeply concerned about this issue but weren't able to
    testify before the committee today. I ask unanimous consent
    that these statements be submitted for the record.
        Mr. Terry. Without objection, so ordered. \*\
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        \*\ The information has been retained in committee files and is
    also available at http://docs.house.gov/meetings/if/if17/20131113/
    101469/hhrg-113-if17-20131113-sd004.pdf
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        Mr. Long. Technology has caught up with the training. I
    think, Mr. Irby, you talked about--or was that Dr. Bennett? OK.
    Can you elaborate on that a little bit?
        Dr. Bennett. Yes, sir. Thank you for the question. There
    again, why are we still having this discussion after 43 years?
    Why can't we put it to rest? And in my opinion, the
    subjectivity of the inspection system along with 13 HIOs where
    there is no penalties that are transferred between them, it
    makes it a glass ceiling that we can't get above, in my mind.
    The technology is there now. Before that horse goes in the show
    ring, he could be tested and make sure that there is no caustic
    chemicals that we heard about, no numbing agents that we heard
    about on there. We could X-ray them and make sure there is
    nothing under that pad. We can have failures there that they
    can pull the shoes off and put them back on. The technology is
    there to stop this without taking the industry away. And I
    would argue with the 10 percent. I think if you read the H.R.
    1518, it is weighed shoes, pads, chains. They do make mention
    that you can still have a therapeutic pad or for protection but
    that is kind of vague to me.
        Mr. Long. I have heard soring described in several
    different ways here today, but is it possible through this new
    technology that you are talking about to tell if they had been
    sored in the past and healed? Can they heal from this, or can
    you always see that there is signs where they have been sored
    in the past?
        Dr. Bennett. Yes, I think you are alluding to, sir, the
    change in tissue that we saw on the screen earlier, and
    remember, the skin is an organ just like your heart, just like
    your liver, just like----
        Mr. Long. But the skin doesn't show up on an X-ray, does
    it?
        Dr. Bennett. No, sir, but what I am getting to----
        Mr. Long. When you were talking about the X-rays earlier, I
    understand the deal about the bolts or whatever, but other than
    they, do they X-ray, or what are you looking for there as far
    as the soring?
        Dr. Bennett. You could look for pressure shoeing, like Mrs.
    Benefield said, where they can take and rasp the sole down. We
    have parameters that we know that certain millimeters of sole
    depth is protective to the horse's foot. We could measure that
    with digital X-rays.
        Mr. Long. Also during your testimony, you offered to let us
    come ride with you which----
        Dr. Bennett. Yes, sir.
        Mr. Long [continuing]. Don't offer, I will probably show
    up, so don't invite me anywhere because I will always be there.
    But I didn't get your point on what are we going to see in
    relation to this topic that would----
        Dr. Bennett. Yes, basically what I was getting to there is,
    come and see the horses with their clothes off and with their
    clothes on. Go to the barns and see how they are prepped and
    see how they are ridden and see them getting ready to go to the
    shows and go and see how they are inspected and the process
    that they go through to get into the show ring.
        Mr. Long. OK. Thank you.
        And Mr. Irby, you said that--I don't remember the fellow's
    name now that was on the Nightline tape. How old that Nightline
    tape?
        Mr. Irby. I believe it is from May of 2012.
        Mr. Long. OK. And what is the fellow's name that was----
        Mr. Irby. Jackie McConnell.
        Mr. Long. OK. And you say that you are friends with him and
    have been ever since you were a little kid?
        Mr. Irby. I haven't spoken to him in a long, long time but
    I have known him because my parents have been friends with
    him----
        Mr. Long. Probably not since May of 2012. Your parents
    what?
        Mr. Irby. They have been friends with him since I was 5
    years old.
        Mr. Long. OK. And someone like that, do they not have a
    reputation for -- I mean, would they not have known before this
    Nightline tape came out? I mean, I would think that people in
    any field if they are doing something that is untoward,
    illegal--I used to fish a lot of bass tournaments and there
    were people that were suspected of cheating and later proven to
    be cheating. Most people knew that they were cheating. Was this
    not known before this from this individual?
        Mr. Irby. I believe it probably was known. He was actually
    on a federal suspension at the time and still participating in
    horse shows, and he is not the exception to the rule. He is the
    rule. Within the padded performance division, this is typically
    the way things are, and you pretty much have to cheat or you
    can't compete.
        Mr. Long. How can it be the rule if 98 percent are
    compliant?
        Mr. Irby. That is mainly because of the masking agents I
    believe Ms. Benefield spoke about and things they can do to
    hide. I would probably have to defer to Dr. DeHaven or Ms.
    Benefield on that.
        Mr. Long. Let me ask Ms. Benefield, on the numbing agents
    that you were talking about earlier, I kind of agree with Dr.
    Bennett. I mean, if you are trying to sore to make them pick up
    and do this, what do you call the gait again?
        Ms. Benefield. Big Lick.
        Mr. Long. The Big Lick, if they are doing this Big Lick,
    how does numbing agents--I mean, why would that make them pick
    up their feet if their feet are numb?
        Ms. Benefield. The numbing agents don't in fact make them
    pick up their feet. What the trainers do is, back at the barn
    they will numb the horses legs and they will establish a
    window----
        Mr. Long. When you say back at the barn, are you talking
    about on the day of the event or are you talking about back at
    the barn at home?
        Ms. Benefield. Back at the barn in training, they will
    establish a window of when they put the numbing agent on and
    how long it takes for that numbing agent to wear off so that
    way they have a timing on when to put it on and how long they
    have before it wears off. So they time it in front of the time
    they are going to go into the class.
        Mr. Long. A barn at the show or a barn at home?
        Ms. Benefield. No, the barn at home. They are establishing
    their window.
        Mr. Long. They numb it there?
        Ms. Benefield. Then they use that same window----
        Mr. Long. I am sorry?
        Ms. Benefield. Then they use that same window for their
    application at the horse show so they know exactly the timing
    and when to put that agent on and when it will wear off so it
    will work--so it is no longer numbing the leg when they are in
    the show ring.
        Mr. Long. Well, that is pretty good science if they can do
    that. I yield back.
        Ms. Benefield. Well, they do.
        Mr. Terry. Thank you. Mr. Kinzinger, do you have any
    questions?
        Mr. Kinzinger. No, Mr. Chairman.
        Mr. Terry. Then the last person is Mr. Whitfield, and he is
    last because is actually not a member of this subcommittee,
    although he is the chair of Energy and Power Subcommittee, and
    so he is a guest of this subcommittee, and under our rules, the
    guests go last.
        Mr. Whitfield. Well, thank you very much, Chairman Terry,
    and than all the witnesses today as well.
        Dr. DeHaven, I want to ask you a couple of questions. Dr.
    Bennett has referred repeatedly about the subjectivity of
    inspections to determine soring. Do you agree with him on that
    issue? Is it subjective or is it objective?
        Dr. DeHaven. There is some level of subjectivity because
    most of the inspection is based on a digital palpation where
    you are palpating those areas of the foot that most likely are
    to be sore. However, having said that, and with a lot of
    experience in the field, there has always been good correlation
    between what the inspector is finding on digital palpation and
    what the technology, thermography and radiology, will tell you
    as well. So while Dr. Bennett referred to a lot of this as new
    technology, in fact, we have been using thermography and
    radiology X-rays for a number of years. But from a practical
    standpoint, when you have hundreds of horses that are going
    through inspection, you can't use that on every animal. So the
    mainstay of the inspection is digital palpation by that
    inspector, and indeed, good correlation between what the
    inspector is finding and what the technology would corroborate.
        Mr. Whitfield. Well, do you believe that the current HIO
    DQP system is working?
        Dr. DeHaven. We have heard a lot about the level of
    compliance. I have heard numbers like 96.6 percent and 98.5
    percent compliance rate. Two points on that. One would argue
    after 43 years of a goal of zero soring, we really haven't
    achieved that we meant to years ago. The other is that those
    compliance rates are based on a self-policing program where you
    have industry inspectors inspecting the industry. What the
    statistics also show is that those inspectors that work for the
    industry are about 10 times more likely to find a violation
    when they have a USDA veterinarian looking over their shoulder.
    So those compliance rates assume self-policing. When there is
    oversight, in fact, the compliance rate goes way down.
        Mr. Whitfield. Well, it is my understanding that APHIS
    sends in inspectors only about 6 percent of the shows, and the
    violation rates are much higher there than they are with the
    self-policing of the DQPs. Is that correct?
        Dr. DeHaven. Indeed. If we look at the statistics from 2012
    with 71,000 inspections done by the industry, there was a 99
    percent compliance rate. However, when they are overseen by a
    USDA inspector, that compliance rate goes down to about 94
    percent. Stated another way, 78 percent of the violations that
    the industry inspectors found during the 2012 show year were
    found when USDA was present, even though they are at less than
    10 percent of the shows.
        Mr. Whitfield. Right, right. Well, I don't see why people
    would be opposed to this legislation. This legislation simply
    says we will have independent inspectors trained by USDA, hired
    by the shows, and it is not even mandatory that the shows hire
    those inspectors. If they don't hire those inspectors, then
    they are going to be subject to more penalties. But Mr. Irby,
    do you object to independent inspectors trained by the
    Department of Agriculture and veterinarians on top of that?
        Mr. Irby. No, absolutely not. I am 100 percent in favor of
    the USDA licensing the inspectors as the bill provides and
    doing away with the self-regulation system because in 40 years
    we have proven that we cannot do it, and I believe that is the
    only way that a truly sound horse will be able to be----
        Mr. Whitfield. And Mr. DeHaven, do you support the
    legislation in that sense?
        Dr. DeHaven. Indeed I do. I think it addresses the self-
    policing problem. It also narrowly focuses on the areas where
    the biggest problems are: the use of the pads and chains, which
    contribute to soring.
        Mr. Whitfield. Yes, and you also said there is no reason to
    have one of these on a horse unless he has been sored. Is that
    correct?
        Dr. DeHaven. It provides an additional incentive to sore a
    horse. If you create an injury on that horse's pastern by the
    practice of soring and now you are going to have a change
    strike that, you are going to get a much greater reaction than
    if that animal had not been sored. And so by removing the
    change, you remove much of the incentive to even sore that
    horse to begin with.
        Mr. Whitfield. Now, Tennessee Walking Horses are showed in
    a lot of places around the country. We have 12 or 13 IHOs, or
    HIOs, and I am sad to say that the problem does seem to be in
    the Shelbyville, Tennessee, area, parts of Kentucky where PRIDE
    has been, and parts of Missouri. Those seem to be the three
    problem areas. Would you agree with that, Mr. Irby?
        Mr. Irby. Yes, sir, I would. It is a majority in the
    Southeast but those three are the top three areas.
        Mr. Whitfield. And what about you, Mr. DeHaven? Would you
    agree with that?
        Dr. DeHaven. I would agree, and that is where the
    concentration of the Big Lick horses is.
        Mr. Whitfield. And Mr. Bennett, whom I have met with and
    who I enjoy being with and he is a personable fellow and I am
    sure he does a great job, but he has been very much involved
    with the show HIO, and we have the letter from the Department
    of Agriculture saying that they are notifying them that they
    are going to decertify their program, and we have another
    letter, unfortunately, that applies to the Kentucky HIO PRIDE,
    and another letter to the Missouri. So this program is
    working--this industry is working well without using soring or
    action devices in many parts of the country, but in this one
    geographical area because of self-policing, in my humble
    opinion, it is not working, and that is why we introduced the
    legislation.
        Dr. Bennett. And I would agree with that.
        Mr. Terry. Your time is expired and now recognize the
    gentleman from Kentucky, Mr. Guthrie.
        Mr. Guthrie. Thank you very much.
        Mr. Whitfield. Mr. Guthrie, would you just 1 minute?
        Mr. Guthrie. Yes, I will yield to my friend.
        Mr. Whitfield. I just wanted to ask for unanimous consent
    to enter into the record the documents that I gave you all
    yesterday that we refer to certain Web sites, and then also a
    letter from the ASPCA supporting the legislation.
        Mr. Terry. All those documents were submitted to us and to
    the other side, and there is no objection, so they are entered.
        Mr. Whitfield. And also from Mr. Yoho, who is a Member of
    Congress from Florida, his letter about the legislation.
        Mr. Terry. Without objection, so ordered.
        [The information appears at the conclusion of the hearing.]
        Mr. Guthrie. Thank you, Mr. Chairman.
        Mr. Johnson from Tennessee--and I am sorry, I had to step
    into another committee hearing, so you may have answered this.
    I know the one question I was going to ask, you did get to, but
    you talked about the effect of this bill on the industry and
    Tennessee. I am from Kentucky, just north of--I am in Bowling
    Green, so I am just a few miles from the Tennessee border, and
    I understand Shelbyville and I know that area. You talked about
    it is going to affect the industry in that area, and so my
    question is, is it bad actors or is it widespread? That is one
    thing that is hard to get out of all the information I tried to
    receive. One group is saying it is just a handful of bad
    actors. There is a handful saying it is widespread. Then you
    see investigations where just a handful of horses are found and
    then you see when the USDA comes, they said 52 out of 52 were
    found. So it is difficult to come up with exactly--what is your
    opinion? Is it bad actors or is it widespread?
        Mr. Johnson. What I have testified to here today is the
    impact it would have on Tennessee's economy, Tennessee rural
    communities, Tennessee charities that depend on these horse
    shows for their charitable contributions and fundraising for
    the year. For the young people that are involved in these
    organizations of showing horses and so forth, the caring of
    animals in a proper way, the training of the animal in a proper
    way, it is a great tool for raising kids with. It is a great
    activity for families to build their family around. Now, I am
    not an expert in other areas that deal with whether it is the
    bad apple or whether it is widespread. That is for folks with
    more tools than I have available to me. But I can tell you that
    it will be devastating to eliminate the Big Lick horse, the
    performance horse from being shown, and I think with all due
    respect, Chairman, Representative Whitfield, that your bill
    does much more than what you have described to this committee,
    and that is my concern. I think it will change the industry
    around this country tremendously, and I don't have the details
    to go into that but----
        Mr. Guthrie. But if it doesn't just prevent soring, then my
    question is, is preventing soring what is going to hurt the
    Tennessee economy or having this method of preventing soring?
        Mr. Johnson. Having this method.
        Mr. Guthrie. And why is it more--I am just trying to get
    information, unless you want--I can yield to my friend. Do you
    want to follow up? Because he brought you into it.
        Mr. Whitfield. Well, I mean, we are talking about
    independent inspectors here and we are talking about removing
    action devices and preventing soring. Other than that, how is
    that going to hurt your economy so much?
        Mr. Johnson. Well, the folks that I depend on tell me--and
    I don't have all the details there and I would be glad to
    furnish this after the fact if I could.
        Mr. Whitfield. Sure.
        Mr. Johnson. But it goes much--your bill goes much further
    than that and would eliminate really the performance horse.
        Mr. Whitfield. Well, one organization down there asked me
    for some specific information about this bill. We sent them a
    letter explaining in detail that it didn't do what they said,
    and they refused to put it on their Web site even. So I think
    there is some misinformation, but basically the bill provides
    independent inspectors, veterinarians trained by USDA. It gives
    the show the option of using those inspectors. If they don't
    use those inspectors and APHIS comes in and finds a violation,
    then there is pretty severe penalties, but it does eliminate
    soring and it eliminates the action devices like this, which
    Mr. DeHaven and others have said are not necessary unless you
    are soring.
        Mr. Johnson. Could I interject?
        Mr. Terry. Sure.
        Mr. Johnson. I agree, I think we need one HIO, OK? The
    thing that concerns me is, is you said that the show managers
    have an option if they don't want to use the veterinarian
    inspectors. If everybody in here is for the welfare of the
    horse, what worries me is we start having shows that nobody
    knows about that no inspectors go to, and those bad actors that
    we got, if we don't get rid of them, they are going to show up
    there, and if we are after the welfare of the horse, I think we
    are creating an issue there that we haven't perceived yet.
        The second thing I would like to see is--I am sorry.
        Mr. Guthrie. Well, I just wanted to--Mr. Johnson said a
    balanced approach, and I was leaving just as I think somebody
    asked you that, and you were going to give the balanced
    approach. So how do you stop it then? If this bill is not a way
    to stop it, then what does stop it?
        Mr. Johnson. Let me answer that, but let me finish my train
    of thought with Dr. DeHaven and let him interject his opinion,
    but my opinion is, and I am all for one HIO. I am all for
    licensed veterinarians looking at them. I am all for objective
    testing, and I am for getting rid of soring. But I worry that
    we will find enough accredited veterinarians that want to go to
    horse shows on Friday night that start at 6:00 and don't get
    over with until 2:30 in the morning and then go back Saturday
    night and go through it again. Dr. DeHaven can answer that
    better than I can.
        Mr. Whitfield. Do you want to respond, Dr. DeHaven? It is a
    preference, anyway.
        Dr. DeHaven. I think we will only know the answer to that
    question if and when we are faced with that situation. Clearly,
    the AAEP, who represents several thousand equine practitioners,
    feels that that is feasible and the best solution. I think the
    worst-case scenario that even if we didn't have veterinarians
    doing the inspection as is the case now, at least they would be
    independent inspectors----
        Mr. Whitfield. And trained.
        Dr. DeHaven [continuing]. Who are trained and assigned by
    the Department of Agriculture and not an HIO.
        Mr. Whitfield. Well, that is why--I mean, I do think it is
    significant that every veterinary----
        Mr. Terry. The gentleman's time has----
        Mr. Guthrie. I will yield back my time.
        Mr. Terry. Thank you, Mr. Whitfield and Mr. Guthrie, and no
    one else here to ask questions, so this will conclude our
    hearing.
        Now, under our rules, any of the members can submit
    questions to you, and it sounds like there is already--
    Commissioner Johnson, you mentioned that you wanted to supply,
    please feel free to do that. Once you get those questions from
    us, if there are any questions to you, we request that within
    about 14 days that you comply and get those back to us. I am
    not sure anyone is going to do that but the rules allow that,
    and I want to let you know that you may get those written
    questions from the committee.
        With that, I want to thank each and every one of you for
    coming here today and offering your expertise before us. It is
    extremely helpful to us to have your insights when we are
    dealing with pieces of legislation. So thank you for being
    here, and we are adjourned.
        [Whereupon, at 11:50 a.m., the subcommittee was adjourned.]
        [Material submitted for inclusion in the record follows:]

                   Prepared statement of Hon. Henry A. Waxman

        Today the Subcommittee will consider H.R. 1518, the PAST
    Act. I am a proud cosponsor of this legislation, and I strongly
    support its goal of completely eliminating the cruel and
    inhumane practice of ``soring'' from horse shows.
        As my colleagues have described, soring refers to a variety
    of techniques that deliberately cause injury to a horse in
    order to force the horse to place more pressure on its hind
    legs and pick up its front limbs quickly, creating the kind of
    exaggerated, unnatural gait that is unfortunately prized by
    show judges. It is most commonly inflicted upon the Tennessee
    Walking Horse, a gentle and elegant breed that suffers great
    pain from these techniques.
        In 1970, Congress passed the Horse Protection Act, or HPA,
    to prohibit the showing, sale, auction, exhibition, or
    transport of sored horses, and to direct the U.S. Department of
    Agriculture (USDA) to administer the law and conduct
    inspections. Six years later, after too few USDA inspections, a
    bill amending the legislation to permit non-USDA inspections of
    horses was enacted.
        In the time since the 1970s, the inadequacy of HPA has
    become strikingly clear. H.R. 1518, introduced by my colleague
    Mr. Whitfield, with Ms. Schakowsky and others as original
    cosponsors, would address several of the statute's flaws.
    First, H.R. 1518 would end the current self-inspecting and
    self-policing system, which has kept too many soring offenses
    in the shadows and even allowed repeat offenders to remain on
    the circuit for years. It would do this by directing the
    Secretary of Agriculture to pick the inspectors, thereby
    avoiding the conflicts of interest that arise when those with
    vested interests select the inspectors. Second, the bill would
    add to the definition of soring the use of so-called ``action
    devices'' on horses' limbs, such as chains and certain weighted
    shoes. Third, the bill would increase violation penalties and
    mandate permanent disqualification from any horse show,
    exhibition, sale or auction after three cited violations.
        As we will hear from the witnesses today, the majority of
    horse trainers, show organizers, and veterinarians recognize
    that reforms are needed to ensure that walking horse shows are
    carried out in a fair and humane manner. The problem in the
    walking horse industry is too deepand the self-policing system
    is too wrought with conflicts of interest to be fixed by self-
    regulation; action by Congress is essential.
        I want to thank Mr. Whitfield for introducing this bill,
    because it is the right thing to do, for both the well-being of
    show horses and the restoration of a fair and sound walking
    horse industry. I encourage all my colleagues who have not
    already done so to support the bill.Thank you.
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