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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1406 Reported in Senate (RS)]

                                                       Calendar No. 562
113th CONGRESS
  2d Session
                                S. 1406

                          [Report No. 113-254]

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, Mr. Warner, Ms. Landrieu, Ms. Collins, Mr. 
   Heinrich, Mrs. Gillibrand, Mr. Markey, Mr. Wyden, Mr. Cardin, Mr. 
 Sanders, Mr. Coons, Ms. Warren, Mr. Merkley, Mr. Carper, Mr. Durbin, 
Mr. Blumenthal, Mr. Schatz, Mr. Murphy, Ms. Klobuchar, Mrs. Murray, Ms. 
Cantwell, Ms. Baldwin, Mr. Franken, Mr. Menendez, Mr. Levin, Mr. Kirk, 
Mr. Vitter, Mr. Crapo, Mr. Reed, Mrs. Feinstein, Mr. Leahy, Mr. Thune, 
Ms. Stabenow, Mr. Begich, Ms. Hirono, Mr. Whitehouse, Mrs. Shaheen, Mr. 
 Johnson of South Dakota, Mr. King, Mrs. Boxer, Mr. Harkin, Mr. Casey, 
   Mr. Udall of Colorado, Mr. Rubio, Ms. Mikulski, Mr. Isakson, Mr. 
Johanns, Mr. Bennet, Mr. Kaine, Mr. Booker, Mr. Walsh, Mr. Schumer, Mr. 
 Udall of New Mexico, Mrs. Hagan, Mr. Toomey, Mr. Pryor, Mr. Donnelly, 
and Mr. Nelson) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

                           September 15, 2014

             Reported by Mr. Rockefeller, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Prevent All Soring Tactics 
Act of 2013'' or the ``PAST Act''.</DELETED>

<DELETED>SEC. 2. INCREASED ENFORCEMENT UNDER HORSE PROTECTION 
              ACT.</DELETED>

<DELETED>    (a) Definitions.--Section 2 of the Horse Protection Act 
(15 U.S.C. 1821) is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (1), (2), (3), and 
        (4) as paragraphs (2), (4), (5), and (6) 
        respectively;</DELETED>
        <DELETED>    (2) by inserting before paragraph (2) (as so 
        redesignated) the following:</DELETED>
        <DELETED>    ``(1) Action device.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) rotate around the leg or 
                        slide up and down the leg, so as to cause 
                        friction; or</DELETED>
                        <DELETED>    ``(ii) strike the hoof, coronet 
                        band, fetlock joint, or pastern of the 
                        horse.</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    (3) by inserting after paragraph (2) (as so 
        redesignated) the following:</DELETED>
        <DELETED>    ``(3) Participate.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) transporting or arranging 
                        for the transportation of a horse to or from a 
                        horse show, horse exhibition, or horse sale or 
                        auction;</DELETED>
                        <DELETED>    ``(ii) personally giving 
                        instructions to an exhibitor; or</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Exclusion.--The term `participate' 
                does not include spectating.''.</DELETED>
<DELETED>    (b) Findings.--Section 3 of the Horse Protection Act (15 
U.S.C. 1822) is amended--</DELETED>
        <DELETED>    (1) by striking paragraph (3) and inserting the 
        following:</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) creating unfair 
                competition;</DELETED>
                <DELETED>    ``(B) deceiving the spectating public and 
                horse buyers; and</DELETED>
                <DELETED>    ``(C) negatively impacting horse 
                sales;'';</DELETED>
        <DELETED>    (2) in paragraph (4), by striking ``and'' at the 
        end;</DELETED>
        <DELETED>    (3) in paragraph (5), by striking the period at 
        the end and inserting a semicolon; and</DELETED>
        <DELETED>    (4) by adding at the end the following:</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(7) historically, Tennessee Walking Horses, 
        racking horses, and Spotted Saddle Horses have been subjected 
        to soring; and</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (c) Horse Shows and Exhibitions.--Section 4 of the Horse 
Protection Act (15 U.S.C. 1823) is amended--</DELETED>
        <DELETED>    (1) by striking subsection (a) and inserting the 
        following:</DELETED>
<DELETED>    ``(a) Disqualification of Horses.--</DELETED>
        <DELETED>    ``(1) In general.--The management of any horse 
        show or horse exhibition shall disqualify any horse from being 
        shown or exhibited--</DELETED>
                <DELETED>    ``(A) if the horse is sore; or</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Period of disqualification.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.'';</DELETED>
        <DELETED>    (2) in subsection (b) by striking ``appointed'' 
        and inserting ``licensed'';</DELETED>
        <DELETED>    (3) by striking subsection (c) and inserting the 
        following:</DELETED>
<DELETED>    ``(c) Licensing of Inspectors; Manner of Inspections.--
</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Citations.--A person licensed by the 
        Secretary to conduct inspections under this subsection shall--
        </DELETED>
                <DELETED>    ``(A) issue a citation for any violation 
                of this Act recorded during an inspection; 
                and</DELETED>
                <DELETED>    ``(B) notify the Secretary of each 
                violation not later than 5 days after the date on which 
                the citation is issued.</DELETED>
        <DELETED>    ``(3) Qualifications for licensing.--The Secretary 
        shall--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) give a preference to persons who are 
                licensed or accredited veterinarians;</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(6) Notification.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    (4) by adding at the end the following:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (d) Unlawful Acts.--Section 5 of the Horse Protection Act 
(15 U.S.C. 1824) is amended--</DELETED>
        <DELETED>    (1) by striking paragraph (2) and inserting the 
        following:</DELETED>
        <DELETED>    ``(2) In the case of any horse show, horse 
        exhibition, or horse sale or auction--</DELETED>
                <DELETED>    ``(A) showing or exhibiting any horse that 
                is sore;</DELETED>
                <DELETED>    ``(B) entering any horse that is sore for 
                the purpose of showing or exhibiting the 
                horse;</DELETED>
                <DELETED>    ``(C) selling, auctioning, or offering for 
                sale any horse that is sore;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(E) allowing any activity described in 
                subparagraphs (A) through (D) with respect to a horse 
                that is sore by the owner of that horse.'';</DELETED>
        <DELETED>    (2) in paragraph (3), by striking ``appoint'' and 
        inserting ``hire'';</DELETED>
        <DELETED>    (3) in paragraph (4)--</DELETED>
                <DELETED>    (A) by striking ``appoint'' and inserting 
                ``hire''; and</DELETED>
                <DELETED>    (B) by striking ``qualified'';</DELETED>
        <DELETED>    (4) in paragraph (5), by striking ``appointed'' 
        and inserting ``hired'';</DELETED>
        <DELETED>    (5) in paragraph (6)--</DELETED>
                <DELETED>    (A) by striking ``appointed'' and 
                inserting ``hired''; and</DELETED>
                <DELETED>    (B) by inserting ``that the horse is 
                sore'' after ``the Secretary''; and</DELETED>
        <DELETED>    (6) by adding at the end the following:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) is placed on, inserted in, or 
                attached to any limb of a Tennessee Walking Horse, 
                racking horse, or Spotted Saddle Horse;</DELETED>
                <DELETED>    ``(B) is constructed to artificially alter 
                the gait of a horse described in subparagraph (A); 
                and</DELETED>
                <DELETED>    ``(C) is not strictly protective or 
                therapeutic in nature.''.</DELETED>
<DELETED>    (e) Violations and Penalties.--Section 6 of the Horse 
Protection Act (15 U.S.C. 1825) is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (1)--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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'';</DELETED>
                <DELETED>    (B) in paragraph (2)--</DELETED>
                        <DELETED>    (i) by striking ``(2)(A)'' and all 
                        that follows through ``(B) Any'' and inserting 
                        the following:</DELETED>
        <DELETED>    ``(2) False statements and entries.--Any''; 
        and</DELETED>
                        <DELETED>    (ii) by striking ``(C) Any'' and 
                        inserting the following:</DELETED>
        <DELETED>    ``(3) Interference with duties.--Any''; 
        and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(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.'';</DELETED>
        <DELETED>    (2) in subsection (b)--</DELETED>
                <DELETED>    (A) in the first sentence of paragraph 
                (1)--</DELETED>
                        <DELETED>    (i) by striking ``section 5 of 
                        this Act'' and inserting ``section 5 (including 
                        the regulations issued under that section)''; 
                        and</DELETED>
                        <DELETED>    (ii) by striking ``$2,000'' and 
                        inserting ``$4,000''; and</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    (3) in subsection (c)--</DELETED>
                <DELETED>    (A) by redesignating the first, second, 
                third, and fourth sentences as paragraphs (1), (3), 
                (4), and (5), respectively;</DELETED>
                <DELETED>    (B) in paragraph (1) (as so designated)--
                </DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) by striking ``any 
                        subsequent'' and inserting ``the 
                        second'';</DELETED>
                <DELETED>    (C)  by inserting after paragraph (1) (as 
                so designated) the following:</DELETED>
        <DELETED>    ``(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</DELETED>
                <DELETED>    (D) in paragraphs (3) and (4) (as so 
                designated), by striking ``$3,000'' each place it 
                appears and inserting ``$5,000''.</DELETED>
<DELETED>    (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)).</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prevent All Soring Tactics Act of 
2014'' 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), (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 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.
                                                       Calendar No. 562

113th CONGRESS

  2d Session

                                S. 1406

                          [Report No. 113-254]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 15, 2014

                       Reported with an amendment
```