Prevent All Soring Tactics Act of 2013 or the PAST Act - Amends the Horse Protection Act (HPA) to replace the Designated Qualified Persons program responsible for inspecting horses for soring with a new inspection system. (The soring of horses is any of various actions taken on a horse's limb to produce a higher gait that may cause pain, distress, inflammation, or lameness.) Directs the Department of Agriculture (USDA) to prescribe regulatory requirements to license, train, assign, and oversee persons who are to be hired by the management of horse shows, exhibitions, sales, or auctions and are qualified to detect and diagnose sore horses or otherwise inspect horses at such events.
Prohibits issuing a license to any person unless such person is free from conflicts of interest. Authorizes USDA to revoke a license for unsatisfactory performance. Requires USDA to give a preference to persons who are licensed or accredited veterinarians in issuing the licenses.
Requires USDA to assign USDA-licensed inspectors after receiving notice that management intends to hire the inspectors.
Directs an inspector to issue a citation for violations and notify USDA of the violations within five days of the citation being issued.
Requires USDA to: (1) publish on the Animal and Plant Health Inspection Service's website information on violations of such Act; and (2) disqualify a horse that is sore for specified time periods that increase after the first, second, and third instance.
Prohibits a person in any horse show, horse exhibition, or horse sale or auction from causing or directing a horse to become sore for the purpose of showing, exhibiting, selling, auctioning, or offering for sale the horse.
Prohibits showing, exhibiting, selling, or auctioning a Tennessee Walking, a Racking, or a Spotted Saddle horse with: (1) an action device that causes friction by rotating around a horse's leg or sliding up and down the leg or strikes the hoof, coronet band, fetlock joint, or pastern of the horse; or (2) a weighted shoe, pad, wedge, hoof band, or other device or material if it is constructed to artificially alter a horse's gait and is not strictly protective or therapeutic.
Increases the maximum criminal penalties and maximum civil liability penalties for certain HPA violations.
Authorizes USDA to disqualify a violator from: (1) transporting or arranging for the transportation of a horse to or from a show, exhibition, sale, or auction; (2) personally giving instructions to an exhibitor; or (3) being knowingly present in a warm-up area, inspection area, or other area that spectators are not permitted.
Permits USDA to permanently disqualify a person with at least three violations after notice and an opportunity for a hearing.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1518 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1518
To amend the Horse Protection Act to designate additional unlawful acts
under the Act, strengthen penalties for violations of the Act, improve
Department of Agriculture enforcement of the Act, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 11, 2013
Mr. Whitfield (for himself, Mr. LoBiondo, Ms. Schakowsky, Mr. Cohen,
Mr. Pitts, and Mr. Moran) introduced the following bill; which was
referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Horse Protection Act to designate additional unlawful acts
under the Act, strengthen penalties for violations of the Act, improve
Department of Agriculture enforcement of the Act, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prevent All Soring Tactics Act of
2013'' or the ``PAST Act''.
SEC. 2. INCREASED ENFORCEMENT UNDER HORSE PROTECTION ACT.
(a) Definitions.--Section 2 of the Horse Protection Act (15 U.S.C.
1821) is amended--
(1) by redesignating paragraphs (1), (2), (3), and (4) as
paragraphs (2), (3), (4), and (5), respectively;
(2) by inserting before paragraph (2) (as so redesignated)
the following new paragraph:
``(1)(A) The term `action device' means any boot, collar,
chain, roller, or other device that encircles or is placed upon
the lower extremity of the leg of a horse in such a manner that
it can--
``(i) rotate around the leg or slide up and down
the leg, so as to cause friction; or
``(ii) strike the hoof, coronet band, fetlock
joint, or pastern of the horse.
``(B) Such term does not include soft rubber or soft
leather bell boots or quarter boots that are used as protective
devices.''; and
(3) by adding at the end the following new paragraph:
``(6)(A) The term `participate' means engaging in any
activity with respect to a horse show, horse exhibition, or
horse sale or auction, including--
``(i) transporting or arranging for the
transportation of a horse to or from a horse show,
horse exhibition, or horse sale or auction;
``(ii) personally giving instructions to an
exhibitor; or
``(iii) being knowingly present in a warm-up area,
inspection area, or other area at a horse show, horse
exhibition, or horse sale or auction that spectators
are not permitted to enter.
``(B) Such term does not include spectating.''.
(b) Findings.--Section 3 of the Horse Protection Act (15 U.S.C.
1822) is amended--
(1) in paragraph (3)--
(A) by inserting ``and soring horses for such
purposes'' after ``horses in intrastate commerce,'';
and
(B) by inserting ``in many ways, including by
creating unfair competition, by deceiving the
spectating public and horse buyers, and by negatively
impacting horse sales'' before the semicolon;
(2) in paragraph (4), by striking ``and'' at the end;
(3) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(4) by adding at the end the following new paragraphs:
``(6) the Inspector General of the Department of
Agriculture has determined that the program through which the
Secretary inspects horses is inadequate for preventing soring;
``(7) historically, Tennessee Walking Horses, Racking
Horses, and Spotted Saddle Horses have been subjected to
soring; and
``(8) despite regulations in effect related to inspection
for purposes of ensuring that horses are not sore, violations
of this Act continue to be prevalent in the Tennessee Walking
Horse, Racking Horse, and Spotted Saddle Horse breeds.''.
(c) Horse Shows and Exhibitions.--Section 4 of the Horse Protection
Act (15 U.S.C. 1823) is amended--
(1) in subsection (a)--
(A) by striking ``appointed'' and inserting
``licensed''; and
(B) by adding at the end the following new
sentences: ``In the first instance in which the
Secretary determines that a horse is sore, the
Secretary shall disqualify the horse from being shown
or exhibited for a period of not less than 180 days. In
the second instance in which the Secretary determines
that such horse is sore, the Secretary shall disqualify
the horse for a period of not less than one year. In
the third instance in which the Secretary determines
that such horse is sore, the Secretary shall disqualify
the horse for a period of not less than three years.'';
(2) in subsection (b) by striking ``appointed'' and
inserting ``licensed'';
(3) by striking subsection (c) and inserting the following
new subsection:
``(c)(1)(A) The Secretary shall prescribe by regulation
requirements for the Department of Agriculture to license, train,
assign, and oversee persons qualified to detect and diagnose a horse
which is sore or to otherwise inspect horses at horse shows, horse
exhibitions, or horse sales or auctions, for hire by the management of
such events, for the purposes of enforcing this Act.
``(B) No person shall be issued a license under this subsection
unless such person is free from conflicts of interest, as defined by
the Secretary in the regulations issued under subparagraph (A).
``(C) If the Secretary determines that the performance of a person
licensed in accordance with subparagraph (A) is unsatisfactory, the
Secretary may, after notice and an opportunity for a hearing, revoke
the license issued to such person.
``(D) In issuing licenses under this subsection, the Secretary
shall give a preference to persons who are licensed or accredited
veterinarians.
``(E) Licensure of a person in accordance with the requirements
prescribed under this subsection shall not be construed as authorizing
such person to conduct inspections in a manner other than that
prescribed for inspections by the Secretary (or the Secretary's
representative) under subsection (e).
``(2)(A) Not later than 30 days before the date on which a horse
show, horse exhibition, or horse sale or auction begins, the management
of such show, exhibition, or sale or auction may notify the Secretary
of the intent of the management to hire a person or persons licensed
under this subsection and assigned by the Secretary to conduct
inspections at such show, exhibition, or sale or auction.
``(B) After such notification, the Secretary shall assign a person
or persons licensed under this subsection to conduct inspections at the
horse show, horse exhibition, or horse sale or auction.
``(3) A person licensed by the Secretary to conduct inspections
under this subsection shall issue a citation with respect to any
violation of this Act recorded during an inspection and notify the
Secretary of each such violation not later than five days after the
date on which a citation was issued with respect to such violation.'';
and
(4) by adding at the end the following new subsection:
``(f) The Secretary shall publish on the public website of the
Animal and Plant Health Inspection Service of the Department of
Agriculture, and update as frequently as the Secretary determines is
necessary, information on violations of this Act for the purposes of
allowing the management of a horse show, horse exhibition, or horse
sale or auction to determine if an individual is in violation of this
Act.''.
(d) Unlawful Acts.--Section 5 of the Horse Protection Act (15
U.S.C. 1824) is amended--
(1) in paragraph (2)--
(A) by striking ``or (C) respecting'' and inserting
``(C), or (D) respecting''; and
(B) by striking ``and (D)'' and inserting ``(D)
causing a horse to become sore or directing another
person to cause a horse to become sore for the purpose
of showing, exhibiting, selling, auctioning, or
offering for sale the horse in any horse show, horse
exhibition, or horse sale or auction, and (E)'';
(2) in paragraph (3), by striking ``appoint'' and inserting
``hire'';
(3) in paragraph (4)--
(A) by striking ``appoint'' and inserting ``hire'';
and
(B) by striking ``qualified'';
(4) in paragraph (5), by striking ``appointed'' and
inserting ``hired'';
(5) in paragraph (6)--
(A) by striking ``appointed'' and inserting
``hired''; and
(B) by inserting ``that the horse is sore'' after
``the Secretary''; and
(6) by adding at the end the following new paragraphs:
``(12) The use of an action device on any limb of a
Tennessee Walking Horse, a Racking Horse, or a Spotted Saddle
Horse at a horse show, horse exhibition, or horse sale or
auction.
``(13) The use of a weighted shoe, pad, wedge, hoof band,
or other device or material at a horse show, horse exhibition,
or horse sale or auction that--
``(A) is placed on, inserted in, or attached to any
limb of a Tennessee Walking Horse, a Racking Horse, or
a Spotted Saddle Horse;
``(B) is constructed to artificially alter the gait
of such a horse; and
``(C) is not strictly protective or therapeutic in
nature.''.
(e) Violations and Penalties.--Section 6 of the Horse Protection
Act (15 U.S.C. 1825) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``Except as provided in
paragraph (2) of this subsection, any person
who knowingly violates section 5'' and
inserting ``Any person who knowingly violates
section 5 or the regulations issued under such
section, including any violation recorded
during an inspection conducted in accordance
with section 4(c) or 4(e)''; and
(ii) by striking ``more than $3,000, or
imprisoned for not more than one year, or
both.'' and inserting ``more than $5,000, or
imprisoned for not more than three years, or
both, for each such violation.'';
(B) in paragraph (2)--
(i) by striking subparagraph (A);
(ii) by striking ``(2)''; and
(iii) by redesignating subparagraphs (B)
and (C) as paragraphs (2) and (3),
respectively, and moving the margins of such
paragraphs (as so redesignated) two ems to the
left; and
(C) by adding at the end the following new
paragraph:
``(4) Any person who knowingly fails to obey an order of
disqualification shall, upon conviction thereof, be fined not more than
$5,000 for each failure to obey such an order, imprisoned for not more
than three years, or both.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``section 5 of this Act''
and inserting ``section 5 or the regulations
issued under such section''; and
(ii) by striking ``$2,000'' and inserting
``$4,000''; and
(B) by adding at the end the following new
paragraph:
``(5) Any person who fails to pay a licensed inspector hired under
section 4(c) shall, upon conviction thereof, be fined not more than
$4,000 for each such violation.''; and
(3) in subsection (c)--
(A) in the first sentence--
(i) by inserting ``, or otherwise
participating in any horse show, horse
exhibition, or horse sale or auction'' before
``for a period of not less than one year''; and
(ii) by striking ``any subsequent'' and
inserting ``the second'';
(B) by inserting before ``Any person who knowingly
fails'' the following: ``For the third or any
subsequent violation, a person may be permanently
disqualified by order of the Secretary, after notice
and an opportunity for a hearing before the Secretary,
from showing or exhibiting any horse, judging or
managing any horse show, horse exhibition, or horse
sale or auction, or otherwise participating in,
including financing the participation of other
individuals in, any horse show, horse exhibition, or
horse sale or auction (regardless of whether walking
horses are shown, exhibited, sold, auctioned, or
offered for sale at the horse show, horse exhibition,
or horse sale or auction).''; and
(C) by striking ``$3,000'' each place it appears
and inserting ``$5,000''.
(f) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Agriculture shall issue
regulations to carry out the amendments made by this section, including
regulations prescribing the requirements under subsection (c) of
section 4 of the Horse Protection Act (15 U.S.C. 1823), as amended by
subsection (c)(3).
(g) Severability.--If any provision of this Act or any amendment
made by this Act, or the application of a provision to any person or
circumstance, is held to be unconstitutional, the remainder of this Act
and the amendments made by this Act, and the application of the
provisions to any person or circumstance, shall not be affected by the
holding.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Sponsor introductory remarks on measure. (CR E441)
Referred to the Subcommittee on Commerce, Manufacturing, and Trade.
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