[Congressional Record Volume 168, Number 175 (Monday, November 14, 2022)]
[House]
[Pages H8473-H8477]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 PREVENT ALL SORING TACTICS ACT OF 2021

  Mr. PALLONE. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5441) 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5441

       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 2022'' or the ``PAST Act of 2022''.

     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

[[Page H8474]]

     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(c)), 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.

     SEC. 3. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Pallone) and the gentleman from Florida (Mr. Bilirakis) 
each will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.


                             General Leave

  Mr. PALLONE. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on H.R. 5441.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise to speak in support of H.R. 5441, the Prevent All 
Soring Tactics Act of 2021.
  This important bill will protect horses from cruel and inhumane 
practices. It is necessary because today there are gaps in our animal 
welfare laws that have left these innocent animals vulnerable to abuse.
  Despite a national ban, the abusive and barbaric practice of soring 
continues. Soring is a process of applying an irritating or blistering 
agent to the limb of a horse to accentuate the horse's gait, which may 
cause a horse to move with exaggerated high steps. In the 1950s and 
1960s, some exhibitors used soring to improve the performance of show 
horses. To end this abuse, Congress passed the Horse Protection Act in 
1970 to prohibit soring at horse shows, horse sales, and other horse 
exhibitions.
  Unfortunately, despite this prohibition, soring continues today. The 
U.S. Department of Agriculture Inspector General found that the USDA's 
program for inspecting horses for soring does not adequately prevent 
abuse. According to the Inspector General, the program faces 
significant limitations. There are inadequate inspections and 
enforcement as the USDA relies on industry inspectors with inherent 
conflicts of interest. The Inspector General also found that there is 
insufficient information sharing and distribution, which has made it 
more difficult to punish violators and enforce suspensions.
  The PAST Act will help end this intolerable abuse of horses by 
strengthening the protections and penalties for soring. This 
legislation requires the USDA to prescribe regulations for the 
licensing, training, assignment, and oversight of people responsible 
for detecting and diagnosing a sore horse. It also increases penalties 
to imprisonment up to 3 years and fines up to $5,000 per violation. The 
legislation mandates that the USDA publish on a website information on 
violations to improve the enforcement of suspensions.
  I thank Representative Cohen for his leadership on this legislation, 
which passed out of the Committee on Energy and Commerce with strong 
bipartisan support in September.
  Mr. Speaker, I encourage my colleagues to support this bill to help 
us bring an end to this cruel treatment of horses, and I reserve the 
balance of my time.
  Mr. BILIRAKIS. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today in support of H.R. 5441, the Prevent All 
Soring Tactics Act of 2021, or the PAST Act.
  Soring is the practice of using chemicals, sadly inflicting pain on 
the front feet of a horse when they touch the ground, with the intent 
to cause the horse to quickly raise its feet high off the ground.
  This legislation will require the Secretary of Agriculture to issue 
rules for licensing, training, assigning, and overseeing persons to be 
qualified to detect and diagnose a sore horse and will prohibit the use 
of certain devices on horse breeds that have a history of being sored. 
This legislation will also increase capabilities for the USDA to 
enforce soring violations under the Horse Protection Act.

                              {time}  1630

  Americans throughout the country hold horses in high regard, myself 
included, including constituents, of course, in my district, who care 
deeply for the humane treatment of these beautiful animals.
  I thank Representative Cohen and the 263 cosponsors of this 
legislation for their work to protect horses, and I urge my colleagues 
to support this.
  Mr. Speaker, I reserve the balance of my time.
  Mr. PALLONE. Mr. Speaker, I yield 3 minutes to the gentleman from 
Tennessee (Mr. Cohen), the sponsor of this legislation.
  Mr. COHEN. Mr. Speaker, I thank the chairman, the ranking member, and 
the entire committee for their work in passing this bill out of 
committee. I know it was somewhat contentious. It shouldn't have been, 
but it was.

[[Page H8475]]

  I rise in strong support of H.R. 5441, the Prevent All Soring Tactics 
Act, acronym, the PAST Act, which I proudly introduced with several 
prime cosponsors who worked on it, including Brian Fitzpatrick, Jan 
Schakowsky, and Vern Buchanan. Mr. Buchanan, like Mr. Bilirakis, is a 
Member of the class of 2006, of which I am, as well.
  The PAST Act will shut down the cruel practice of horse soring, which 
has been described here on the floor. It is a horrendous practice that 
horse trainers have used in the Tennessee Walking, Spotted Saddle, and 
Racking Horse shows.
  The horses have a beautiful gait to start with. They have a natural 
gait, a smooth, natural gait. It is revered in Tennessee. It used to be 
Tennessee Walkers paraded at the University of Tennessee football games 
to great applause and great thrill of the fans.
  However, some people, to make it even more imposing, took away their 
natural gait, which is enough of a miracle and enjoyment to watch, and 
put in these soring practices to get a high gait, extremely high gait, 
known as the Big Lick. The Big Lick is wrong. To achieve the Big Lick, 
horse trainers irritate or blister a horse's forelegs through the 
application of caustic chemicals such as mustard oil, cut the horse's 
hooves painfully short, or use mechanical devices to inflict pain, all 
of which is reprehensible. Anyone who cares about horses realizes they 
have lives and senses, and as well, they suffer pain just like every 
other animal does.
  Far too often, those involved in showing the Tennessee Walking Horses 
have turned a blind eye to this abusive act of the trainers. They do 
little to try to police it, and the penalties are so minor it does 
nothing to prevent this barbaric act.
  I have led this legislation for years. My chief of staff, Marilyn 
Dillihay, has been strongly supportive of this. As we all know, we work 
for our constituents and then for our chief of staff.
  The PAST Act would codify key elements of the Horse Protection Act 
rule that the USDA finalized in January of 2017 by eliminating the 
failed system of industry self-policing and prohibited the use of 
devices that are integral to the soring practice and Big Lick. It would 
also strengthen penalties and increase consequences for individuals 
caught soring a horse.
  I thank Chairman Pallone and Chairwoman Schakowsky for their support 
and work on this bill. I also particularly thank Priscilla Presley, 
Elvis' widow. Priscilla and Elvis had Tennessee Walkers at Graceland. 
They loved their Tennessee Walking Horses, which had a natural gait, 
and Priscilla has lobbied on this for many years and come to many 
activities, encouraging the passage of this act.
  Priscilla Presley is a pretty amazing human being, and this is one of 
the areas where she has surpassed just being the spouse of the rock and 
roll legend, Elvis Presley, and being a star in her own right in many 
ways.
  I thank the 263 bipartisan Members who cosponsored the bill and the 
hundreds of stakeholder groups and individuals who have lent their 
support, including the Humane Society, the American Horse Council, U.S. 
Equestrian Federation, American Veterinary Medical Association, 
American Association of Equine Practitioners, the State veterinary 
organizations of all 50 States, National Sheriffs' Association, and the 
Association of Prosecuting Attorneys.
  The plague of soring has marred the Tennessee Walking Horse and 
related breeds for more than six decades. I am proud to lead the fight 
to end it. We are going to end it.
  Mr. BILIRAKIS. Mr. Speaker, I yield 4 minutes to the gentleman from 
Tennessee (Mr. Rose), the great State of Tennessee.
  Mr. ROSE. Mr. Speaker, I thank the gentleman for allowing me time to 
speak on this bill today.
  Mr. Speaker, I include for the Record a letter from the Tennessee 
Farm Bureau and Kentucky Farm Bureau Federations opposing H.R. 5441.
                                                November 14, 2022.
     Honorable Members of Congress,
     House of Representatives,
     Washington, DC.
       Dear Members of Congress: Please accept this letter as a 
     statement of opposition to H.R. 5441, the Prevent All Soring 
     Tactics (PAST) Act by the Kentucky Farm Bureau and Tennessee 
     Farm Bureau.
       The PAST Act is misleading in its strategies and purpose 
     and sets a dangerous precedent for animal agriculture. Please 
     take the time to review it closely and understand this 
     initiative and the agenda of the Humane Society of the United 
     States (HSUS). While the PAST Act expressly targets Walking 
     Horses, this push by the HSUS brings to question which 
     segment of animal-based agriculture will be targeted next.
       Supporters of the PAST Act argue the bill will ``eliminate 
     soring'' within the Walking Horse Industry. However, soring 
     is essentially nonexistent today. The bill professes to end 
     soring by banning hoof pads and action devices which are used 
     in Walking Horse performance shows, and implies such items 
     cause soring. Hoof pads and action devices do not cause 
     soring. Hoof pads are used to provide protection from ground 
     force, to accentuate movement, and balance motion. These pads 
     are used in many breeds other than the Walking Horse 
     including the American Paint Horse, American Quarter Horse, 
     American Saddlebred, and Morgan breeds. An action device is a 
     band/chain weighing six (6) ounces or less. We are not aware 
     of a study that indicates action devices or pads produce pain 
     or cause tissue damage.
       The Tennessee Walking Horse is the most inspected horse in 
     the world. The industry and its shows maintain a compliance 
     rate with the Horse Protection Act that averages 99 percent. 
     This rate is significant considering the inspection process 
     today is almost 100 percent subjective.
       The PAST Act eliminates the organizations established by 
     Congress in the original Horse Protection Act called Horse 
     Industry Organizations (HIOs). These independent 
     organizations provide inspectors for shows and are trained 
     and certified by the U.S. Department of Agriculture (USDA). 
     Without HIOs, the PAST Act requires an increase in the USDA's 
     workforce as well as additional employees for the U.S. 
     Department of Justice. The Congressional Budget Office 
     numbers reflect this cost.
       We urge you to not accept the mistreatment claims from 
     years past as true today. Visit a Walking Horse farm and see 
     the horses. Visit with a horse owner, trainer, farrier and 
     their veterinarians. Contact your state Farm Bureau, the 
     Tennessee Farm Bureau or the Kentucky Farm Bureau if you want 
     assistance arranging a visit or tour.
       We urge you to oppose H.R. 5441.
       Thank you for your consideration of this information.
           Sincerely,
     Eric Mayberry,
       President, Tennessee Farm Bureau.
     Mark Haney,
       President, Kentucky Farm Bureau.

  Mr. ROSE. Mr. Speaker, today I rise in opposition to H.R. 5441, the 
PAST Act. As an eighth-generation farmer and Tennessean, the grand 
tradition of Tennessee Walking Horses is among my earliest and fondest 
memories. We take great pride in the fact that the Tennessee Walking 
Horse National Celebration draws neighbors and tourists alike each year 
to Shelbyville, Tennessee, for our world-class showcase.
  However, over the years, this grand tradition has, on occasion, been 
marred by a few bad actors looking to gain a competitive edge at the 
unfair expense of the hundreds of other Walking Horse exhibitors who do 
things right, and at the grossly unacceptable expense of the horses 
themselves that suffer from the cruel and unconscionable technique 
known in the industry as soring.
  Those who sore our Tennessee Walking Horses compromise the integrity 
of the competition, put a stain on what has long been a wonderful 
family-oriented tradition, and by far most importantly subject our 
prized Tennessee Walking Horses to harm and suffering. I can assure you 
that we in Tennessee stand strongly against this vile technique.
  My strong disgust to soring is actually why I rise today in 
opposition to the PAST Act. This bill is not the best solution to end 
this cruel practice. While I appreciate the sincere motives of those 
supporting this bill, I call on my colleagues to consider another 
better solution.
  I am a proud original cosponsor of H.R. 6341, the Protecting Horses 
from Soring Act of 2021, authored by my friend and colleague from 
Tennessee, Congressman Scott DesJarlais. This bill works to end soring 
in another way that is fair to those acting properly and humanely and 
provides timely consequences for those who are not.
  Inspections must be objective, but the PAST Act does not correct the 
subjective process currently used. My colleague's bill, H.R. 6341, 
creates a framework for consistent, scientific, and objective 
inspections. The bill also prevents conflicts of interest and suspends 
horses from shows if they are found to be sore.

[[Page H8476]]

  Industry wide, the current compliance rate is between 96 and 99 
percent, which is an increase from the 92 to 95 percent compliance rate 
that the industry had when we debated this bill last Congress. This is 
a 4 percent increase in less than 3 years. These compliance rates are 
based on USDA standards.
  Overall, the Walking Horse industry has a USDA compliance rate higher 
than even the food industry achieves. With that record, the rate of 
catching bad actors at this point is, of course, extremely low. Those 
low rates mean we must be vigilant if we are going to find and stop the 
remaining bad actors. Vigilance will require a new system.
  The PAST Act does not create a scientific, objective process for 
inspections, and until we have that, the remaining bad actors will 
continue to go under the radar, while those acting with integrity could 
be treated unfairly. The PAST Act is the wrong approach and will 
actually be counterproductive.
  It is because of these concerns that I will oppose the PAST Act today 
and call upon my colleagues to also oppose it and instead stand with me 
in truly stopping soring by supporting H.R. 6341, the Protecting Horses 
from Soring Act of 2021.
  Mr. BILIRAKIS. Mr. Speaker, I reserve the balance of my time.
  Mr. PALLONE. Mr. Speaker, I yield 3 minutes to the gentleman from 
Oregon (Mr. Blumenauer), the chair of the Animal Protection Caucus.
  Mr. BLUMENAUER. Mr. Speaker, I appreciate the gentleman's courtesy in 
allowing me to speak on this. I appreciate the leadership of Mr. Cohen. 
This is the culmination, hopefully, of years of struggle to try and end 
this barbaric practice.
  There are those who are apologists for the industry. It shouldn't 
take this long, and repeated efforts, with hundreds of cosponsors, 
Congress after Congress after Congress. It has been my privilege to 
work with Mr. Whitfield from Kentucky, Ted Yoho, Kurt Schrader, our 
colleague from Oregon, and lately the leadership of Mr. Cohen, raising 
the banner and moving forward.
  We should have zero tolerance for this barbaric practice. Forcing 
horses to be tortured, looking at the devices that they use to train 
them to have that distinctive gait. Concrete shoes.
  We have had hearing after hearing here on Capitol Hill, and whenever 
we have an opportunity for people to be exposed to the abuses of this 
industry and see these barbaric practices, people marvel that we 
haven't been able to stop it.
  Part of the problem is the self-regulation of the industry and that 
there isn't a sense of urgency to stop torturing these animals.
  Mr. Speaker, I have been pleased to work repeatedly with colleagues 
on a bipartisan basis to stop it. I don't know what the compliance rate 
is, whether it is 96, 97, 90. The fact is, we are talking about 
hundreds of horses being tortured and for no good reason.
  I strongly support the legislation from my colleague and the vast 
coalition that has been put in place to end this barbaric practice.
  Some of the champions that have been involved in the past, like the 
Humane Society, have been there repeatedly, working to get the support, 
get the cosponsors, get it passed; but despite overwhelming support, 
despite a terrible record in protecting horses, it has taken far too 
long.
  I am hopeful that this Congress will finally put an end to the 
barbaric practice, stop temporizing, stop apologizing for those who 
abuse horses and end this horrific practice once and for all.
  Mr. BILIRAKIS. Mr. Speaker, I yield 2 minutes to the gentleman from 
Kentucky (Mr. Comer).
  Mr. COMER. Mr. Speaker, I rise in opposition to the PAST Act. This 
legislation attempts to eliminate the Walking Horse industry, which is 
prominent in my congressional district. The vast majority of the 
Tennessee Walking Horse industry is located in Tennessee and Kentucky.
  The Tennessee Walking Horse is the most inspected horse in the world 
under current law, with both pre-show and post-competition inspections 
performed by both USDA inspectors and horse industry organization 
inspectors. The PAST Act eliminates the industry inspection entities 
and replaces them with new employees of the U.S. Department of 
Agriculture and the U.S. Justice Department, increasing bureaucracy and 
cost to the taxpayer.
  The PAST Act is not widely supported by the horse industry. In fact, 
the vast majority of the active Tennessee Walking Horse industry 
stakeholders in my district oppose this bill and instead support 
Representative Scott DesJarlais' commonsense reforms and modernization 
of the Horse Protection Act contained in H.R. 6341, of which I am a 
cosponsor.
  This bill fails to promote objective, science-based inspections. I 
oppose the PAST Act and how it will lead to the hiring of more 
government bureaucrats while failing to protect the horse industry from 
biased inspections. I encourage my fellow Members to vote against this 
bill.
  Mr. PALLONE. Mr. Speaker, I have no additional speakers. I reserve 
the balance of my time.
  Mr. BILIRAKIS. Mr. Speaker, I yield 1 minute to the gentleman from 
Pennsylvania (Mr. Fitzpatrick).
  Mr. FITZPATRICK. Mr. Speaker, I rise today in support of H.R. 5441, 
the Preventing All Soring Tactics Act. As a member of the Animal 
Protection Caucus, I believe, like my colleagues, that we should be 
urging all of our colleagues to commit to ensuring our government is 
doing everything we can to promote animal welfare.
  The bottom line is this: The antiquated and inhumane practice of 
soring intentionally inflicts pain on show horses for the mere purpose 
of winning a ribbon in a competition. Our bipartisan PAST Act, which 
has passed overwhelmingly, as has been pointed out, will give a voice 
to these suffering animals and will finally put an end to this cruel 
practice by banning devices integral to soring, strengthening 
penalties, and also holding abusers accountable for their crimes 
against innocent horses.
  I am proud again to join Representatives Cohen, Schakowsky, and 
Buchanan in championing this bipartisan bill; which, as was mentioned, 
passed this House last Congress on an overwhelming bipartisan basis. I 
hope that after passage today it will receive swift consideration by 
our colleagues in the Senate.
  Mr. BILIRAKIS. Mr. Speaker, in closing, I wish this bill would pass 
in a bipartisan fashion, so that we can get it to the Senate. I yield 
back the balance of my time.

                              {time}  1645

  Mr. PALLONE. Mr. Speaker, again, I urge support on a bipartisan basis 
for this important bill to protect horses, and I yield back the balance 
of my time.
  Mr. DesJARLAIS. Mr. Speaker, I rise today in opposition of H.R. 5441 
the Prevent All Soring Tactics (PAST) Act of 2021. This act is an 
unnecessary overreach that will give the federal government the ability 
to inflict undue harassment upon the Tennessee Walking Horse community. 
The call for this kind of federal oversite has been promulgated by 
targeted misinformation campaigns.
  This legislation will add a layer of red tape that will be 
purposeless, and taxpayers will likely be made to bear the burden of 
this cost. The Tennessee Walking Horse industry has a multibillion-
dollar impact on rural communities in my state and even more 
specifically in my district. It provides jobs to over 20,000 people and 
is a tourism staple. It will place an undue ban on equipment making 
horse shows and events impossible to put on. Equine experts themselves 
have said these bans are not based on scientific evidence.
  No one condones the abuse of animals, but the oversite of this 
industry should be left up to local officials who know it best. 
Therefore, I have introduced H.R. 6341 the Protecting Horses from 
Soring Act of 2021 which will ensure that the Tennessee Walking Horse 
industry is regulated by state agencies and industry experts, not 
Washington bureaucrats. Those who participate in the abuse of these 
animals must be held accountable and brought to justice. For this 
reason, I implore to vote no on H.R. 5441 and support sensible and 
practical legislation.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Pallone) that the House suspend the 
rules and pass the bill, H.R. 5441, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. ROSE. Mr. Speaker, on that I demand the yeas and nays.

[[Page H8477]]

  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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