[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>