Prevent All Soring Tactics Act of 2014 or the PAST Act - (Sec. 2) 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]
[S. 1406 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1406
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 SENATE OF THE UNITED STATES
July 31, 2013
Ms. Ayotte (for herself and Mr. Warner) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
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), (4), (5), and (6) respectively;
(2) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) Action device.--
``(A) In general.--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 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) Exclusion.--The term `action device' does not
include soft rubber or soft leather bell boots or
quarter boots that are used as protective devices.'';
and
(3) by inserting after paragraph (2) (as so redesignated)
the following:
``(3) Participate.--
``(A) In general.--The term `participate' means to
engage 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) Exclusion.--The term `participate' does not
include spectating.''.
(b) Findings.--Section 3 of the Horse Protection Act (15 U.S.C.
1822) is amended--
(1) by striking paragraph (3) and inserting the following:
``(3) the movement, showing, exhibition, or sale of sore
horses in intrastate commerce, and soring horses for those
purposes, adversely affects and burdens interstate and foreign
commerce in many ways, including by--
``(A) creating unfair competition;
``(B) deceiving the spectating public and horse
buyers; and
``(C) negatively impacting horse sales;'';
(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:
``(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 are 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) by striking subsection (a) and inserting the following:
``(a) Disqualification of Horses.--
``(1) In general.--The management of any horse show or
horse exhibition shall disqualify any horse from being shown or
exhibited--
``(A) if the horse is sore; or
``(B) if the management has been notified by a
person licensed in accordance with subsection (c) or by
the Secretary that the horse is sore.
``(2) Period of disqualification.--
``(A) First instance.--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.
``(B) Second instance.--In the second instance in
which the Secretary determines that a horse is sore,
the Secretary shall disqualify the horse for a period
of not less than 1 year.
``(C) Third instance.--In the third instance in
which the Secretary determines that a horse is sore,
the Secretary shall disqualify the horse for a period
of not less than 3 years.'';
(2) in subsection (b) by striking ``appointed'' and
inserting ``licensed'';
(3) by striking subsection (c) and inserting the following:
``(c) Licensing of Inspectors; Manner of Inspections.--
``(1) In general.--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 that 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.
``(2) Citations.--A person licensed by the Secretary to
conduct inspections under this subsection shall--
``(A) issue a citation for any violation of this
Act recorded during an inspection; and
``(B) notify the Secretary of each violation not
later than 5 days after the date on which the citation
is issued.
``(3) Qualifications for licensing.--The Secretary shall--
``(A) not issue a license under this subsection to
a person unless the person is free from conflicts of
interest, as defined by the Secretary in the
regulations issued under paragraph (1); and
``(B) give a preference to persons who are licensed
or accredited veterinarians;
``(4) Revocation of license.--If the Secretary determines
that the performance of a person licensed under paragraph (1)
is unsatisfactory, the Secretary may, after notice and an
opportunity for a hearing, revoke the license issued to the
person.
``(5) Limitation.--The granting of licenses under this
subsection shall not authorize a person licensed under this
subsection to conduct inspections in a manner other than the
manner prescribed for inspections by the Secretary under
subsection (e).
``(6) Notification.--
``(A) In general.--Not later than 30 days before
the date on which a horse show, horse exhibition, or
horse sale or auction begins, the management of the
show, exhibition, or sale or auction may notify the
Secretary of the intent of the management to hire 1 or
more persons licensed under this subsection and
assigned by the Secretary to conduct inspections at the
show, exhibition, or sale or auction.
``(B) Assignment.--After receiving notice under
subparagraph (A), the Secretary shall assign 1 or more
persons licensed under this subsection to conduct
inspections at the horse show, horse exhibition, or
horse sale or auction.''; and
(4) by adding at the end the following:
``(f) Publication of Violations.--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 necessary, information on violations of this Act
to allow 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) by striking paragraph (2) and inserting the following:
``(2) In the case of any horse show, horse exhibition, or
horse sale or auction--
``(A) showing or exhibiting any horse that is sore;
``(B) entering any horse that is sore for the
purpose of showing or exhibiting the horse;
``(C) selling, auctioning, or offering for sale any
horse that is sore;
``(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; and
``(E) allowing any activity described in
subparagraphs (A) through (D) with respect to a horse
that is sore by the owner of that horse.'';
(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:
``(12) The use of an action device on any limb of a
Tennessee Walking Horse, racking horse, or 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, racking horse, or
Spotted Saddle Horse;
``(B) is constructed to artificially alter the gait
of a horse described in subparagraph (A); 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 (including the regulations issued
under that section), including any violation
recorded during an inspection conducted under
subsections (c) or (e) of section 4''; 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 3 years, or both,
for each violation'';
(B) in paragraph (2)--
(i) by striking ``(2)(A)'' and all that
follows through ``(B) Any'' and inserting the
following:
``(2) False statements and entries.--Any''; and
(ii) by striking ``(C) Any'' and inserting
the following:
``(3) Interference with duties.--Any''; and
(C) by adding at the end the following:
``(4) Noncompliance with disqualification.--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 the order, imprisoned for not more than 3
years, or both.'';
(2) in subsection (b)--
(A) in the first sentence of paragraph (1)--
(i) by striking ``section 5 of this Act''
and inserting ``section 5 (including the
regulations issued under that section)''; and
(ii) by striking ``$2,000'' and inserting
``$4,000''; and
(B) by adding at the end the following:
``(5) Nonpayment of licensed inspectors.--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 violation.''; and
(3) in subsection (c)--
(A) by redesignating the first, second, third, and
fourth sentences as paragraphs (1), (3), (4), and (5),
respectively;
(B) in paragraph (1) (as so designated)--
(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'';
(C) by inserting after paragraph (1) (as so
designated) the following:
``(2) Permanent disqualification.--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
(D) in paragraphs (3) and (4) (as so designated),
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 section 4(c) of the
Horse Protection Act (15 U.S.C. 1823(c)) (as amended by subsection
(c)(3)).
<all>
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Commerce, Science, and Transportation. Reported by Senator Rockefeller with an amendment in the nature of a substitute. With written report No. 113-254.
Committee on Commerce, Science, and Transportation. Reported by Senator Rockefeller with an amendment in the nature of a substitute. With written report No. 113-254.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 562.
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