I. 115th Congress, 1st Session H.R. 1847

To amend the Horse Protection Act to designate additional unlawful acts under the Act, strengthen penalties for violations of the Act, improve Department of Agriculture enforcement of the Act, and for other purposes.

In the House of Representatives, March 30, 2017

Mr. YOHO (for himself, Ms. BROWNLEY of California, Mr. SCHRADER, Mr. MARINO, Mr. COHEN, Mr. COLLINS of New York, Ms. SCHAKOWSKY, Ms. ADAMS, Mr. AGUILAR, Mr. AMODEI, Ms. BARRAGAN, Mr. BARLETTA, Ms. BASS, Mrs. BEATTY, Mr. BE... (and so on)

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 2017" or the "PAST Act".

SECTION 2. INCREASED ENFORCEMENT UNDER HORSE PROTECTION ACT.

(a) Definitions - Section 2 of the Horse Protection Act (15 U.S.C. 1821) is amended by redesignating paragraphs (1), (2), (3), and (4) as paragraphs (2), (3), (4), and (5), respectively, by inserting before paragraph (2) 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 rotate around the leg or slide up and down the leg, so as to cause friction, or 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. (6)(A) The term "participate" means engaging in any activity with respect to a horse show, horse exhibition, or horse sale or auction, including transporting or arranging for the transportation of a horse to or from a horse show, horse exhibition, or horse sale or auction, personally giving instructions to an exhibitor, or 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 by inserting after paragraph (5) 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. (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 by:

(1) in subsection (a), adding 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), replacing "appointed" with "licensed"; and (3) in subsection (c), adding the following 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 subsections (e) and (f). (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) Unlawful Acts - Section 5 of the Horse Protection Act (15 U.S.C. 1824) is amended by:

(1) in paragraph (2), adding "or (D)respecting" and "and (E)"; (2) in paragraph (3), inserting "for a period of not less than 180 days" after "disqualified" and adding ", (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)"; (3) in paragraph (4), adding "hired" after "appoint"; (4) in paragraph (5), adding "hired" after "appointed"; (5) in paragraph (6), adding "hired" after "appointed" and inserting "that the horse is sore" after "the Secretary"; and (6) adding the following new paragraphs: "(12) The use of an action device on any limb of a Tennessee Walking Horse, a Racking Horse, or a Spotted Saddle Horse at a horse show, horse exhibition, or horse sale or auction. (13) The use of a weighted shoe, pad, wedge, hoof band, or other device or material at a horse show, horse exhibition, or horse sale or auction that is 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."

(e) Violations and Penalties - Section 6 of the Horse Protection Act (15 U.S.C. 1825) is amended by:

(1) in subsection (a), replacing "section 5 of this Act" with "section 5 or the regulations issued under such section" and "more than $3,000, or imprisoned for not more than one year, or both" with "more than $5,000, or imprisoned for not more than three years, or both, for each such violation"; (2) in subsection (b), replacing "$2,000" with "$4,000" and adding "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." (3) in subsection (c), replacing "for a period of not less than one year" with "for a period of not less than one year, and participation in any horse show, horse exhibition, or horse sale or auction is prohibited" and "$3,000" with "$5,000".

(f) Regulations - The Secretary of Agriculture shall issue regulations within 180 days of the enactment of this Act to carry out the amendments made by this section, including regulations prescribing the requirements for licensing individuals qualified to inspect horses at horse shows, exhibitions, and sales or auctions.

(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.

Rep. Elizabeth Esty

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