[House Report 117-553]
[From the U.S. Government Publishing Office]


117th Congress }                                          { Report
                        HOUSE OF REPRESENTATIVES
  2d Session   }                                          { 117-553

======================================================================
 
                 PREVENT ALL SORING TACTICS ACT OF 2021

                                _______
                                

 November 14, 2022.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Pallone, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 5441]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Commerce, to whom was referred 
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, 
having considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Committee Hearings...............................................2
 IV. Committee Consideration..........................................2
  V. Committee Votes..................................................3
 VI. Oversight Findings...............................................6
VII. New Budget Authority, Entitlement Authority, and Tax Expenditures6
VIII.Federal Mandates Statement.......................................6

 IX. Statement of General Performance Goals and Objectives............6
  X. Duplication of Federal Programs..................................6
 XI. Committee Cost Estimate..........................................6
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits......6
XIII.Advisory Committee Statement.....................................7

XIV. Applicability to Legislative Branch..............................7
 XV. Section-by-Section Analysis of the Legislation...................7
XVI. Changes in Existing Law Made by the Bill, as Reported............8

                         I. Purpose and Summary

    H.R. 5441, the ``Prevent All Soring Tactics Act of 2022,'' 
requires the Secretary of Agriculture (Secretary) to prescribe 
regulations for the licensing, training, assignment, and 
oversight of persons qualified to detect and diagnose a sore 
horse. The bill explicitly prohibits the use of action devices 
and pads (which can intensify a horse's pain) on horse breeds 
that have a history of being victims of soring and increases 
penalties.

                II. Background and Need for Legislation

    Soring is a process of applying an irritating or blistering 
agent to a limb of a horse to accentuate the horse's gait, 
which may cause a horse to move with exaggerated high steps.\1\ 
In the 1950s and 1960s, some exhibitors used soring to improve 
show horses' performances at shows and events.\2\ Congress 
passed the Horse Protection Act of 1970, which was amended in 
1976, to establish that soring at horse shows, horse sales, and 
other horse exhibitions is prohibited and outlines penalties if 
inspectors find a horse to have been sored.\3\ Despite the 
prohibition, the U.S. Department of Agriculture (USDA) 
Inspector General found that the USDA's program for inspecting 
horses for soring does not adequately prevent abuse.\4\
---------------------------------------------------------------------------
    \1\Department of Agriculture Office of Inspector General, Animal 
and Plant Health Inspection Service Administration of the Horse 
Protection Program and the Slaughter Horse Transport Program (Sept. 
2010).
    \2\Id.
    \3\Id.
    \4\Id.
---------------------------------------------------------------------------

                        III. Committee Hearings

    For the purposes of section 3(c) of rule XIII of the Rules 
of the House of Representatives, the following hearing was used 
to develop or consider H.R. 5441:
    The Subcommittee on Consumer Protection and Commerce held a 
legislative hearing on May 26, 2022. The hearing was entitled, 
``Legislative Hearing to Protect Consumers and Strengthen the 
Economy.'' The Subcommittee received testimony from the 
following witnesses:
           Katlin Kraska, Director of Federal 
        Legislation, Government Relations, American Society for 
        the Prevention of Cruelty to Animals;
           Julie Menin, Former Commissioner, New York 
        City Department of Consumer Affairs;
           Hadley Heath Manning, Vice President for 
        Policy, Independent Women's Forum; Partner, Wiley Rein 
        LLP;
           Michael O'Neal, Vice President--Corporate 
        Underwriting, First American Title Insurance Company;
           Trista Hamsmith, Founder and Reese's Mom, 
        Reese's Purpose;
           Eric D. Hagopian, CEO and President, Pilot 
        Precision Products; and
           Tori Barnes, Executive Vice President, 
        Public Affairs and Policy, U.S. Travel Association.

                      IV. Committee Consideration

    H.R. 5441, the ``Prevent All Soring Tactics Act of 2022,'' 
was introduced on September 30, 2021, by Reps. Cohen (D-TN) and 
212 original cosponsors and was referred to the Committee on 
Energy and Commerce. Subsequently, the bill was referred to the 
Subcommittee on Consumer Protection and Commerce on October 1, 
2021.
    On June 23, 2022, the Subcommittee on Consumer Protection 
and Commerce met in open markup session, pursuant to notice, to 
consider H.R. 5441 and seven other bills. During consideration 
of the bill, an amendment in the nature of substitute (AINS) 
offered by Rep. Schakowsky (D-IL) was agreed to by a voice 
vote. Upon conclusion of consideration of the bill, the 
Subcommittee agreed to report the bill favorably to the full 
Committee, amended, by a roll call vote of 22 yeas to zero 
nays.
    On September 21, 2022, the full Committee met in open 
markup session, pursuant to notice, to consider H.R. 5441 and 
23 other bills. No amendments were offered during consideration 
of the bill. Upon conclusion of consideration of the bill, the 
full Committee agreed to a motion on final passage offered by 
Representative Pallone, Chairman of the Committee, to order 
H.R. 5441 reported favorably to the House, as amended by the 
Subcommittee, by a roll call vote of 46 yeas to 9 nays.

                           V. Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list each record vote 
on the motion to report legislation and amendments thereto. The 
Committee advises that there were two record votes taken on 
H.R. 5441, including a motion by Mr. Pallone ordering H.R. 5441 
favorably reported to the House, as amended by the Subcommittee 
on Consumer Protection and Commerce. The motion on final 
passage of the bill was approved by a record vote of 46 yeas to 
9 nays. The following are the record votes taken during 
Committee consideration, including the names of those members 
voting for and against:


                         VI. Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, the 
oversight findings and recommendations of the Committee are 
reflected in the descriptive portion of the report.

 VII. New Budget Authority, Entitlement Authority, and Tax Expenditures

    Pursuant to clause 3(c)(2) of rule XIII of the Rules of the 
House of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.

                    VIII. Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

       IX. Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to require 
the Secretary to prescribe regulations for the licensing, 
training, assignment, and oversight of persons qualified to 
detect and diagnose a sore horse, designate additional unlawful 
acts under the Horse Protection Act, increase penalties for 
violations of the Act, improve Department of Agriculture 
enforcement of the Act, and for other purposes.

                   X. Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 5441 is known to be duplicative of another Federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

                      XI. Committee Cost Estimate

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974.

    XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 5441 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                   XIII. Advisory Committee Statement

    No advisory committee within the meaning of section 5(b) of 
the Federal Advisory Committee Act was created by this 
legislation.

                XIV. Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

           XV. Section-by-Section Analysis of the Legislation


Section 1. Short title

    Section 1 designates that the short title 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

    Subsection (a) establishes the definitions for the section.
    Subsection (b) modifies the findings under the Horse 
Protection Act to specify that Congress finds that the soring 
of horses for the purpose of moving, showing, exhibiting, or 
selling sore horses adversely affects and burdens interstate 
and foreign commerce; soring creates unfair competition and 
negatively impacts horse sales; the Inspector General of the 
Department of Agriculture has determined that the program 
through which the Secretary inspects horses is inadequate; 
historically, Tennessee Walking Horses, Racking Horses, and 
Spotted Saddle Horses have been subject to soring; and 
violations of the Horse Protection Act continue to be 
prevalent.
    Subsection (c) requires the Secretary to disqualify a horse 
from being shown or exhibited if the Secretary determines that 
the horse is sore. The Secretary is directed to license, train, 
assign, and oversee persons qualified to detect and diagnose a 
horse that is sore. The Secretary may not issue a person a 
license if that person has a conflict of interest, must give 
preference to veterinarians in issuing licenses, and may revoke 
a license if the performance of such person is unsatisfactory. 
Management of horse shows, exhibitions, sales, or auctions are 
permitted to notify the Secretary of their intent to hire a 
licensed person, upon which the Secretary is required to assign 
a licensed person. Licensed persons are required to issue a 
citation and notify the Secretary of any violation of the Horse 
Protection Act. The Secretary is required to publicly publish 
information on any violation.
    Subsection (d) prohibits the act of causing 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, exhibition, sale, or auction. 
This subsection also bans the use of action devices on any limb 
of a Tennessee Walking Horse, a Racking Horse, or Spotted 
Saddle Horse at a horse show, exhibition, sale, or auction. The 
subsection also makes it a prohibited act to use devices or 
materials at a horse show, exhibition, sale, or auction that 
are placed on, inserted in, or attached to any limb of a 
Tennessee Walking Horse, a Racking Horse, or a Spotted Saddle 
Horse; is constructed to artificially alter the gait of such a 
horse; and is not strictly protective or therapeutic in nature.
    Subsection (e) authorizes the Secretary to seek criminal 
penalties of not more than $5,000, imprisonment for not more 
than three years, or both for each violation for a person who 
knowingly violates Sec. 1824 or regulations issued under Sec. 
1824 of the Horse Protection Act. The Secretary is authorized 
to seek criminal penalties against any person who knowingly 
fails to obey an order of disqualification of not more than 
$5,000 for each failure to obey, imprisonment for not more than 
three years, or both. The Secretary is permitted to seek civil 
penalties of not more than $4,000 for each violation against 
persons who violates Sec. 1824 or regulations issued under Sec. 
1824 of the Horse Protection Act. The Secretary may seek civil 
penalties of not more than $4,000 for each violation against 
any person who fails to pay a licensed inspector. This 
subsection specifies that any person convicted of a violation, 
who has paid a civil penalty, or is subject to a final order 
under the Horse Protection Act may be disqualified by the 
Secretary. For a third or any subsequent violation, a person 
may be permanently disqualified by the Secretary. The Secretary 
is permitted to seek civil penalties of $5,000 for a person who 
knowingly fails to obey and order of disqualification.
    Subsection (f) requires that the Secretary, not later than 
180 days after the date of enactment, issue regulations to 
carry out the amendments made by this section.
    Subsection (g) states that if any provision or application 
of the provision is held to be unconstitutional, the remainder 
of this Act shall not be affected by the holding.

       XVI. Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                          HORSE PROTECTION ACT




           *       *       *       *       *       *       *
  Sec. 2. As used in this Act unless the context otherwise 
requires:
          (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.
  [(1)] (2) The term ``management'' means any person who 
organizes, exercises control over, or administers or who is 
responsible for organizing, directing, or administering.
  [(2)] (3) The term ``Secretary'' means the Secretary of 
Agriculture.
  [(3)] (4) The term ``sore'' when used to describe a horse 
means that--
          (A) an irritating or blistering agent has been 
        applied, internally or externally, by a person to any 
        limb of a horse,
          (B) any burn, cut, or laceration has been inflicted 
        by a person on any limb of a horse,
          (C) any tack, nail, screw, or chemical agent has been 
        injected by a person into or used by a person on any 
        limb of a horse, or
          (D) any other substance or device has been used by a 
        person on any limb of a horse or a person has engaged 
        in a practice involving a horse,
and, as a result of such application, infliction, injection, 
use, or practice, such horse suffers, or can reasonably be 
expected to suffer, physical pain or distress, inflammation, or 
lameness when walking, trotting, or otherwise moving, except 
that such term does not include such an application, 
infliction, injection, use, or practice in connection with the 
therapeutic treatment of a horse by or under the supervision of 
a person licensed to practice veterinary medicine in the State 
in which such treatment was given.
  [(4)] (5) The term ``State'' means any of the several States, 
the District of Columbia, the Commonwealth of Puerto Rico, the 
Virgin Islands, Guam, American Samoa, and the Trust Territory 
of the Pacific Islands.
          (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.
  Sec. 3. The Congress finds and declares that--
          (1) the soring of horses is cruel and inhumane;
          (2) horses shown or exhibited which are sore, where 
        such soreness improves the performance of such horse, 
        compete unfairly with horses which are not sore;
           (3) the movement, showing, exhibition, or sale of 
        sore horses in intrastate commerce and soring horses 
        for such purposes adversely affects and burdens 
        interstate and foreign commerce in many ways, including 
        by creating unfair competition, by deceiving the 
        spectating public and horse buyers, and by negatively 
        impacting horse sales;
          (4) all horses which are subject to regulation under 
        this Act are either in interstate or foreign commerce 
        or substantially affect such commerce; [and]
          (5) regulation under this Act by the Secretary is 
        appropriate to prevent and eliminate burdens upon 
        commerce and to effectively regulate commerce[.];
          (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.
  Sec. 4. (a) The management of any horse show or horse 
exhibition shall disqualify any horse from being shown or 
exhibited (1) which is sore or (2) if the management has been 
notified by a person [appointed] licensed in accordance with 
regulations under subsection (c) or by the Secretary that the 
horse is sore. 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.
  (b) The management of any horse sale or auction shall 
prohibit the sale or auction or exhibition for the purpose of 
sale of any horse (1) which is sore or (2) if the management 
has been notified by a person [appointed] licensed in 
accordance with regulations under subsection (c) or by the 
Secretary that the horse is sore.
  [(c) The Secretary shall prescribe by regulation requirements 
for the appointment by the management of any horse show, horse 
exhibition, or horse sale or auction of persons qualified to 
detect and diagnose a horse which is sore or to otherwise 
inspect horses for the purposes of enforcing this Act. Such 
requirements shall prohibit the appointment of persons who, 
after notice and opportunity for a hearing, have been 
disqualified by the Secretary to make such detection, 
diagnosis, or inspection. Appointment 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).]
  (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.
  (d) The management of a horse show, horse exhibition, or 
horse sale or auction shall establish and maintain such 
records, make such reports, and provide such information as the 
Secretary may by regulation reasonably require for the purposes 
of implementing this Act or to determine compliance with this 
Act. Upon request of an officer or employee duly designated by 
the Secretary, such management shall permit, entry at all 
reasonable times for the inspection and copying (on or off the 
premises) of records required to be maintained under this 
subsection.
  (e) For purposes of enforcement of this Act (including any 
regulation promulgated under this Act) the Secretary, or any 
representative of the Secretary duly designated by the 
Secretary, may inspect any horse show, horse exhibition or 
horse sale or auction or any horse at any such show, 
exhibition, sale, or auction. Such an inspection may only be 
made upon presenting appropriate credentials. Each such 
inspection shall be commenced and completed with reasonable 
promptness and shall be conducted within reasonable limits and 
in a reasonable manner. An inspection under this subsection 
shall extend to all things (including records) bearing on 
whether the requirements of this Act have been complied with.
  (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.
  Sec. 5. The following conduct is prohibited:
          (1) The shipping, transporting, moving, delivering, 
        or receiving of any horse which is sore with reason to 
        believe that such horse while it is sore may be shown, 
        exhibited, entered for the purpose of being shown or 
        exhibited, sold, auctioned, or offered for sale, in any 
        horse show, horse exhibition, or horse sale or auction; 
        except that this paragraph does not apply to the 
        shipping, transporting, moving, delivering, or 
        receiving of any horse by a common or contract carrier 
        or an employee thereof in the usual course of the 
        carrier's business or employee's employment unless the 
        carrier or employee has reason to believe that such 
        horse is sore.
          (2) The (A) showing or exhibiting, in any horse show 
        or horse exhibition, of any horse which is sore, (B) 
        entering for the purpose of showing or exhibiting in 
        any horse show or horse exhibition, any horse which is 
        sore, (C) selling, auctioning, or offering for sale, in 
        any horse sale or auction, any horse which is sore, 
        [and][(D)](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 
        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) allowing 
        any activity described in clause (A), (B), [or (C) 
        respecting] (C), or (D) respecting a horse which is 
        sore by the owner of such horse.
          (3) The failure by the management of any horse show 
        or horse exhibition, which does not [appoint] hire and 
        retain a person in accordance with section 4(c) of this 
        Act, to disqualify from being shown or exhibited any 
        horse which is sore.
          (4) The failure by the management of any horse sale 
        or auction, which does not [appoint] hire and retain a 
        [qualified] person in accordance with section 4(c) of 
        this Act, to prohibit the sale, offering for sale, or 
        auction of any horse which is sore.
          (5) The failure by the management of any horse show 
        or horse exhibition, which has [appointed] hired and 
        retained a person in accordance with section 4(c) of 
        this Act, to disqualify from being shown or exhibited 
        any horse (A) which is sore, and (B) after having been 
        notified by such person or the Secretary that the horse 
        is sore or after otherwise having knowledge that the 
        horse is sore.
          (6) The failure by the management of any horse sale 
        or auction which has [appointed] hired and retained a 
        person in accordance with section 4(c) of this Act, to 
        prohibit the sale, offering for sale, or auction of any 
        horse (A) which is sore, and (B) after having been 
        notified by such person or the Secretary that the horse 
        is sore or after otherwise having knowledge that the 
        horse is sore.
          (7) The showing or exhibiting at a horse show or 
        horse exhibition; the selling or auctioning at a horse 
        sale or auction; the allowing to be shown, exhibited, 
        or sold at a horse show, horse exhibition, or horse 
        sale or auction; the entering for the purpose of 
        showing or exhibiting in any horse show or horse 
        exhibition; or offering for sale at a horse sale or 
        auction, any horse which is wearing or bearing any 
        equipment, device, paraphernalia, or substance which 
        the Secretary by regulation under section 9 prohibits 
        to prevent the soring of horses.
          (8) The failing to establish, maintain, or submit 
        records, notices, reports, or other information 
        required under section 4.
          (9) The failure or refusal to permit access to or 
        copying of records, or the failure or refusal to permit 
        entry or inspection, as required by section 4.
          (10) The removal of any marking required by the 
        Secretary to identify a horse as being detained.
          (11) The failure or refusal to provide the Secretary 
        with adequate space or facilities, as the Secretary may 
        by regulation under section 9 prescribe, in which to 
        conduct inspections or any other activity authorized to 
        be performed by the Secretary under this Act.
          (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.
  Sec. 6. (a)(1) [Except as provided in paragraph (2) of this 
subsection, any person who knowingly violates section 5] 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) shall, upon conviction thereof, be fined not [more than 
$3,000, or imprisoned for not more than one year, or both.] 
more than $5,000, or imprisoned for not more than three years, 
or both, for each such violation.
  [(2)][(A) If any person knowingly violates section 5, after 
one or more prior convictions of such person for such a 
violation have become final, such person shall, upon conviction 
thereof be fined not more than $5,000, or imprisoned for not 
more than two years, or both.]
  [(B)] (2) Any person who knowingly makes, or causes to be 
made, a false entry or statement in any report required under 
this Act; who knowingly makes, or causes to be made, any false 
entry in any account, record, or memorandum required to be 
established and maintained by any person or in any notification 
or other information required to be submitted to the Secretary 
under section 4 of this Act; who knowingly neglects or fails to 
make or cause to be made, full, true, and correct entries in 
such accounts, records, memoranda, notification, or other 
materials; who knowingly removes any such documentary evidence 
out of the jurisdiction of the United States; who knowingly 
mutilates, alters, or by any other means falsifies any such 
documentary evidence; or who knowingly refuses to submit any 
such documentary evidence to the Secretary for inspection and 
copying shall be guilty of an offense against the United 
States, and upon conviction thereof shall be fined not more 
than $5,000, or imprisoned for not more than three years, or 
both.
  [(C)] (3) Any person who forcibly assaults, resists, opposes, 
impedes, intimidates, or interferes with any person while 
engaged in or on account of the performance of his official 
duties under this Act shall be fined not more than $5,000, or 
imprisoned not more than three years, or both. Whoever, in the 
commission of such acts, uses a deadly or dangerous weapon 
shall be fined not more than $10,000, or imprisoned not more 
than ten years, or both. Whoever kills any person while engaged 
in or on account of the performance of his official duties 
under this Act shall be punishable as provided under sections 
1111 and 1112 of title 18, United States Code.
  (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.
  (b)(1) Any person who violates [section 5 of this Act] 
section 5 or the regulations issued under such section shall be 
liable to the United States for a civil penalty of not more 
than [$2,000] $4,000 for each violation. No penalty shall be 
assessed unless such person is given notice and opportunity for 
a hearing before the Secretary with respect to such violation. 
The amount of such civil penalty shall be assessed by the 
Secretary by written order. In determining the amount of such 
penalty, the Secretary shall take into account all factors 
relevant to such determination including the nature, 
circumstances, extent, and gravity of the prohibited conduct 
and, with respect to the person found to have engaged in such 
conduct, the degree of culpability, any history of prior 
offenses, ability to pay, effect on ability to continue to do 
business, and such other matters as justice may require.
  (2) Any person against whom a violation is found and a civil 
penalty assessed under paragraph (1) of this subsection may 
obtain review in the court of appeals of the United States for 
the circuit in which such person resides or has his place of 
business or in the United States Court of Appeals for the 
District of Columbia Circuit by filing a notice of appeal in 
such court within 30 days from the date of such order and by 
simultaneously sending a copy of such notice by certified mail 
to the Secretary. The Secretary shall promptly file in such 
court a certified copy of the record upon which such violation 
was found and such penalty assessed, as provided in section 
2112 of title 28, United States Code. The findings of the 
Secretary shall be set aside if found to be unsupported by 
substantial evidence.
  (3) If any person fails to pay an assessment of a civil 
penalty after it has become a final and unappealable order, or 
after the appropriate court of appeals has entered final 
judgment in favor of the Secretary, the Secretary shall refer 
the matter to the Attorney General, who shall recover the 
amount assessed in any appropriate district court of the United 
States. In such action, the validity and appropriateness of the 
final order imposing the civil penalty shall not be subject to 
review.
  (4) The Secretary may, in his discretion, compromise, modify, 
or remit, with or without conditions, any civil penalty 
assessed under this subsection.
  (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.
  (c) In addition to any fine, imprisonment, or civil penalty 
authorized under this section, any person who was convicted 
under subsection (a) or who paid a civil penalty assessed under 
subsection (b) or is subject to a final order under such 
subsection assessing a civil penalty for any violation of any 
provision of this Act or any regulation issued under this Act 
may be 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 any horse show, horse exhibition, or horse 
sale or auction for a period of not less than one year for the 
first violation and not less than five years for [any 
subsequent] the second violation. 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). Any person who knowingly fails to obey 
an order of disqualification shall be subject to a civil 
penalty of not more than [$3,000] $5,000 for each violation. 
Any horse show, horse exhibition, or horse sale or auction, or 
the management thereof, collectively and severally, which 
knowingly allows any person who is under an order of 
disqualification to show or exhibit any horse, to enter for the 
purpose of showing or exhibiting any horse, to take part in 
managing or judging, or otherwise to participate in any horse 
show, horse exhibition, or horse sale or auction in violation 
of an order shall be subject to a civil penalty of not more 
than [$3,000] $5,000 for each violation. The provisions of 
subsection (b) respecting the assessment, review, collection, 
and compromise, modification, and remission of a civil penalty 
apply with respect to civil penalties under this subsection.
  (d)(1) The Secretary may require by subpena the attendance 
and testimony of witnesses and the production of books, papers, 
and documents relating to any matter under investigation or the 
subject of a proceeding. Witnesses summoned before the 
Secretary shall be paid the same fees and mileage that are paid 
witnesses in the courts of the United States.
  (2) The attendance of witnesses, and the production of books, 
papers, and documents, may be required at any designated place 
from any place in the United States. In case of disobedience to 
a subpena the Secretary, or any party to a proceeding before 
the Secretary, may invoke the aid of ally appropriate district 
court of the United States in requiring attendance and 
testimony of witnesses and the production of such books, 
papers, and documents under the provisions of this Act.
  (3) The Secretary may order testimony to be taken by 
deposition under oath in any proceeding or investigation 
pending before him, at any stage of the proceeding or 
investigation. Depositions may be taken before any person 
designated by the Secretary who has power to administer oaths. 
The Secretary may also require the production of books, papers, 
and documents at the taking of depositions.
  (4) Witnesses whose depositions are taken and the persons 
taking them shall be entitled to the same fees as paid for like 
services in the courts of the United States or in other 
jurisdictions in which they may appear.
  (5) In any civil or criminal action to enforce this Act or 
any regulation under this Act a horse shall be presumed to be a 
horse which is sore if it manifests abnormal sensitivity or 
inflammation in both of its forelimbs or both of its hindlimbs.
  (6) The United States district courts, the District Court of 
Guam, the District Court of the Virgin Islands, the highest 
court of American Samoa, and the United States courts of the 
other territories, are vested with jurisdiction specifically to 
enforce, and to prevent and restrain violations of this Act, 
and shall have jurisdiction in all other kinds of cases arising 
under this Act, except as provided in subsection (b) of this 
section.
  (e)(1) The Secretary may detain (for a period not to exceed 
examination. twenty-four hours) for examination, testing, or 
the taking of evidence, any horse at any horse show, horse 
exhibition, or horse sale or auction which is sore or which the 
Secretary has probable cause to believe is sore. The Secretary 
may require the temporary marking of any horse during the 
period of its detention for the purpose of identifying the 
horse as detained. A horse which is detained subject to this 
paragraph shall not be moved by any person from the place it is 
so detained except as authorized by the Secretary or until the 
expiration of the detention period applicable to the horse.
  (2) Any equipment, device, paraphernalia, or substance which 
was used in violation of any provision of this Act or any 
regulation issued under this Act or which contributed to the 
soring of any horse at or prior to any horse show, horse 
exhibition, or horse sale or auction, shall be liable to be 
proceeded against, by process of libel for the seizure and 
condemnation of such equipment, device, paraphernalia, or 
substance, in any United States district court within the 
jurisdiction of which such equipment, device, paraphernalia, or 
substance is found. Such proceedings shall conform as nearly as 
possible to proceedings in rem in admiralty.

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