II 

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 


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[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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Prevent All Soring 

5 Tactics Act of 2013’’ or the ‘‘PAST Act’’. 

6 SEC. 2. INCREASED ENFORCEMENT UNDER HORSE PRO7 TECTION ACT. 

8 (a) DEFINITIONS.—Section 2 of the Horse Protection 

9 Act (15 U.S.C. 1821) is amended— 

10 (1) by redesignating paragraphs (1), (2), (3), 

11 and (4) as paragraphs (2), (4), (5), and (6) respec12 tively; 

13 (2) by inserting before paragraph (2) (as so re14 designated) the following: 

15 ‘‘(1) ACTION DEVICE.— 

16 ‘‘(A) IN GENERAL.—The term ‘action de17 vice’ means any boot, collar, chain, roller, or 

18 other device that encircles or is placed upon the 


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1 lower extremity of the leg of a horse in a man2 ner that it can— 

3 ‘‘(i) rotate around the leg or slide up 

4 and down the leg, so as to cause friction; 

5 or 

6 ‘‘(ii) strike the hoof, coronet band, 

7 fetlock joint, or pastern of the horse. 

8 ‘‘(B) EXCLUSION.—The term ‘action de9 vice’ does not include soft rubber or soft leather 

10 bell boots or quarter boots that are used as pro11 tective devices.’’; and 

12 (3) by inserting after paragraph (2) (as so re13 designated) the following: 

14 ‘‘(3) PARTICIPATE.— 

15 ‘‘(A) IN GENERAL.—The term ‘participate’ 

16 means to engage in any activity with respect to 

17 a horse show, horse exhibition, or horse sale or 

18 auction, including— 

19 ‘‘(i) transporting or arranging for the 

20 transportation of a horse to or from a 

21 horse show, horse exhibition, or horse sale 

22 or auction; 

23 ‘‘(ii) personally giving instructions to 

24 an exhibitor; or 


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1 ‘‘(iii) being knowingly present in a 

2 warm-up area, inspection area, or other 

3 area at a horse show, horse exhibition, or 

4 horse sale or auction that spectators are 

5 not permitted to enter. 

6 ‘‘(B) EXCLUSION.—The term ‘participate’ 

7 does not include spectating.’’. 

8 (b) FINDINGS.—Section 3 of the Horse Protection 

9 Act (15 U.S.C. 1822) is amended— 

10 (1) by striking paragraph (3) and inserting the 

11 following: 

12 ‘‘(3) the movement, showing, exhibition, or sale 

13 of sore horses in intrastate commerce, and soring 

14 horses for those purposes, adversely affects and bur15 dens interstate and foreign commerce in many ways, 

16 including by— 

17 ‘‘(A) creating unfair competition; 

18 ‘‘(B) deceiving the spectating public and 

19 horse buyers; and 

20 ‘‘(C) negatively impacting horse sales;’’; 

21 (2) in paragraph (4), by striking ‘‘and’’ at the 

22 end; 

23 (3) in paragraph (5), by striking the period at 

24 the end and inserting a semicolon; and 

25 (4) by adding at the end the following: 


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1 ‘‘(6) the Inspector General of the Department 

2 of Agriculture has determined that the program 

3 through which the Secretary inspects horses is inad4 equate for preventing soring; 

5 ‘‘(7) historically, Tennessee Walking Horses, 

6 racking horses, and Spotted Saddle Horses have 

7 been subjected to soring; and 

8 ‘‘(8) despite regulations in effect related to in9 spection for purposes of ensuring that horses are not 

10 sore, violations of this Act are prevalent in the Ten11 nessee Walking Horse, racking horse, and Spotted 

12 Saddle Horse breeds.’’. 

13 (c) HORSE SHOWS AND EXHIBITIONS.—Section 4 of 

14 the Horse Protection Act (15 U.S.C. 1823) is amended— 

15 (1) by striking subsection (a) and inserting the 

16 following: 

17 ‘‘(a) DISQUALIFICATION OF HORSES.— 

18 ‘‘(1) IN GENERAL.—The management of any 

19 horse show or horse exhibition shall disqualify any 

20 horse from being shown or exhibited— 

21 ‘‘(A) if the horse is sore; or 

22 ‘‘(B) if the management has been notified 

23 by a person licensed in accordance with sub24 section (c) or by the Secretary that the horse 

25 is sore. 


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1 ‘‘(2) PERIOD OF DISQUALIFICATION.— 

2 ‘‘(A) FIRST INSTANCE.—In the first in3 stance in which the Secretary determines that a 

4 horse is sore, the Secretary shall disqualify the 

5 horse from being shown or exhibited for a pe6 riod of not less than 180 days. 

7 ‘‘(B) SECOND INSTANCE.—In the second 

8 instance in which the Secretary determines that 

9 a horse is sore, the Secretary shall disqualify 

10 the horse for a period of not less than 1 year. 

11 ‘‘(C) THIRD INSTANCE.—In the third in12 stance in which the Secretary determines that a 

13 horse is sore, the Secretary shall disqualify the 

14 horse for a period of not less than 3 years.’’; 

15 (2) in subsection (b) by striking ‘‘appointed’’ 

16 and inserting ‘‘licensed’’; 

17 (3) by striking subsection (c) and inserting the 

18 following: 

19 ‘‘(c) LICENSING OF INSPECTORS; MANNER OF IN20 SPECTIONS.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall pre22 scribe by regulation requirements for the Depart23 ment of Agriculture to license, train, assign, and 

24 oversee persons qualified to detect and diagnose a 

25 horse that is sore or to otherwise inspect horses at 


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1 horse shows, horse exhibitions, or horse sales or auc2 tions, for hire by the management of such events, 

3 for the purposes of enforcing this Act. 

4 ‘‘(2) CITATIONS.—A person licensed by the Sec5 retary to conduct inspections under this subsection 

6 shall— 

7 ‘‘(A) issue a citation for any violation of 

8 this Act recorded during an inspection; and 

9 ‘‘(B) notify the Secretary of each violation 

10 not later than 5 days after the date on which 

11 the citation is issued. 

12 ‘‘(3) QUALIFICATIONS FOR LICENSING.—The 

13 Secretary shall— 

14 ‘‘(A) not issue a license under this sub15 section to a person unless the person is free 

16 from conflicts of interest, as defined by the Sec17 retary in the regulations issued under para18 graph (1); and 

19 ‘‘(B) give a preference to persons who are 

20 licensed or accredited veterinarians; 

21 ‘‘(4) REVOCATION OF LICENSE.—If the Sec22 retary determines that the performance of a person 

23 licensed under paragraph (1) is unsatisfactory, the 

24 Secretary may, after notice and an opportunity for 

25 a hearing, revoke the license issued to the person. 


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1 ‘‘(5) LIMITATION.—The granting of licenses 

2 under this subsection shall not authorize a person li3 censed under this subsection to conduct inspections 

4 in a manner other than the manner prescribed for 

5 inspections by the Secretary under subsection (e). 

6 ‘‘(6) NOTIFICATION.— 

7 ‘‘(A) IN GENERAL.—Not later than 30 

8 days before the date on which a horse show, 

9 horse exhibition, or horse sale or auction be10 gins, the management of the show, exhibition, 

11 or sale or auction may notify the Secretary of 

12 the intent of the management to hire 1 or more 

13 persons licensed under this subsection and as14 signed by the Secretary to conduct inspections 

15 at the show, exhibition, or sale or auction. 

16 ‘‘(B) ASSIGNMENT.—After receiving notice 

17 under subparagraph (A), the Secretary shall as18 sign 1 or more persons licensed under this sub19 section to conduct inspections at the horse 

20 show, horse exhibition, or horse sale or auc21 tion.’’; and 

22 (4) by adding at the end the following: 

23 ‘‘(f) PUBLICATION OF VIOLATIONS.—The Secretary 

24 shall publish on the public website of the Animal and 

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1 riculture, and update as frequently as the Secretary deter2 mines necessary, information on violations of this Act to 

3 allow the management of a horse show, horse exhibition, 

4 or horse sale or auction to determine if an individual is 

5 in violation of this Act.’’. 

6 (d) UNLAWFUL ACTS.—Section 5 of the Horse Pro7 tection Act (15 U.S.C. 1824) is amended— 

8 (1) by striking paragraph (2) and inserting the 

9 following: 

10 ‘‘(2) In the case of any horse show, horse exhi11 bition, or horse sale or auction— 

12 ‘‘(A) showing or exhibiting any horse that 

13 is sore; 

14 ‘‘(B) entering any horse that is sore for 

15 the purpose of showing or exhibiting the horse; 

16 ‘‘(C) selling, auctioning, or offering for 

17 sale any horse that is sore; 

18 ‘‘(D) causing a horse to become sore or di19 recting another person to cause a horse to be20 come sore for the purpose of showing, exhib21 iting, selling, auctioning, or offering for sale the 

22 horse; and 

23 ‘‘(E) allowing any activity described in 

24 subparagraphs (A) through (D) with respect to 


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1 a horse that is sore by the owner of that 

2 horse.’’; 

3 (2) in paragraph (3), by striking ‘‘appoint’’ and 

4 inserting ‘‘hire’’; 

5 (3) in paragraph (4)— 

6 (A) by striking ‘‘appoint’’ and inserting 

7 ‘‘hire’’; and 

8 (B) by striking ‘‘qualified’’; 

9 (4) in paragraph (5), by striking ‘‘appointed’’ 

10 and inserting ‘‘hired’’; 

11 (5) in paragraph (6)— 

12 (A) by striking ‘‘appointed’’ and inserting 

13 ‘‘hired’’; and 

14 (B) by inserting ‘‘that the horse is sore’’ 

15 after ‘‘the Secretary’’; and 

16 (6) by adding at the end the following: 

17 ‘‘(12) The use of an action device on any limb 

18 of a Tennessee Walking Horse, racking horse, or 

19 Spotted Saddle Horse at a horse show, horse exhi20 bition, or horse sale or auction. 

21 ‘‘(13) The use of a weighted shoe, pad, wedge, 

22 hoof band, or other device or material at a horse 

23 show, horse exhibition, or horse sale or auction 

24 that— 


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1 ‘‘(A) is placed on, inserted in, or attached 

2 to any limb of a Tennessee Walking Horse, 

3 racking horse, or Spotted Saddle Horse; 

4 ‘‘(B) is constructed to artificially alter the 

5 gait of a horse described in subparagraph (A); 

6 and 

7 ‘‘(C) is not strictly protective or thera8 peutic in nature.’’. 

9 (e) VIOLATIONS AND PENALTIES.—Section 6 of the 

10 Horse Protection Act (15 U.S.C. 1825) is amended— 

11 (1) in subsection (a)— 

12 (A) in paragraph (1)— 

13 (i) by striking ‘‘Except as provided in 

14 paragraph (2) of this subsection, any per15 son who knowingly violates section 5’’ and 

16 inserting ‘‘Any person who knowingly vio17 lates section 5 (including the regulations 

18 issued under that section), including any 

19 violation recorded during an inspection 

20 conducted under subsections (c) or (e) of 

21 section 4’’; and 

22 (ii) by striking ‘‘more than $3,000, or 

23 imprisoned for not more than one year, or 

24 both’’ and inserting ‘‘more than $5,000, or 


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1 imprisoned for not more than 3 years, or 

2 both, for each violation’’; 

3 (B) in paragraph (2)— 

4 (i) by striking ‘‘(2)(A)’’ and all that 

5 follows through ‘‘(B) Any’’ and inserting 

6 the following: 

7 ‘‘(2) FALSE STATEMENTS AND ENTRIES.— 

8 Any’’; and 

9 (ii) by striking ‘‘(C) Any’’ and insert10 ing the following: 

11 ‘‘(3) INTERFERENCE WITH DUTIES.—Any’’; and 

12 (C) by adding at the end the following: 

13 ‘‘(4) NONCOMPLIANCE WITH DISQUALIFICA14 TION.—Any person who knowingly fails to obey an 

15 order of disqualification shall, upon conviction there16 of, be fined not more than $5,000 for each failure 

17 to obey the order, imprisoned for not more than 3 

18 years, or both.’’; 

19 (2) in subsection (b)— 

20 (A) in the first sentence of paragraph 

21 (1)— 

22 (i) by striking ‘‘section 5 of this Act’’ 

23 and inserting ‘‘section 5 (including the reg24 ulations issued under that section)’’; and 


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1 (ii) by striking ‘‘$2,000’’ and insert2 ing ‘‘$4,000’’; and 

3 (B) by adding at the end the following: 

4 ‘‘(5) NONPAYMENT OF LICENSED INSPEC5 TORS.—Any person who fails to pay a licensed in6 spector hired under section 4(c) shall, upon convic7 tion thereof, be fined not more than $4,000 for each 

8 violation.’’; and 

9 (3) in subsection (c)— 

10 (A) by redesignating the first, second, 

11 third, and fourth sentences as paragraphs (1), 

12 (3), (4), and (5), respectively; 

13 (B) in paragraph (1) (as so designated)— 

14 (i) by inserting ‘‘, or otherwise partici15 pating in any horse show, horse exhibition, 

16 or horse sale or auction’’ before ‘‘for a pe17 riod of not less than one year’’; and 

18 (ii) by striking ‘‘any subsequent’’ and 

19 inserting ‘‘the second’’; 

20 (C) by inserting after paragraph (1) (as so 

21 designated) the following: 

22 ‘‘(2) PERMANENT DISQUALIFICATION.—For the 

23 third or any subsequent violation, a person may be 

24 permanently disqualified by order of the Secretary, 

25 after notice and an opportunity for a hearing before 


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1 the Secretary, from showing or exhibiting any horse, 

2 judging or managing any horse show, horse exhi3 bition, or horse sale or auction, or otherwise partici4 pating in, including financing the participation of 

5 other individuals in, any horse show, horse exhi6 bition, or horse sale or auction (regardless of wheth7 er walking horses are shown, exhibited, sold, auc8 tioned, or offered for sale at the horse show, horse 

9 exhibition, or horse sale or auction).’’; and 

10 (D) in paragraphs (3) and (4) (as so des11 ignated), by striking ‘‘$3,000’’ each place it ap12 pears and inserting ‘‘$5,000’’. 

13 (f) REGULATIONS.—Not later than 180 days after 

14 the date of the enactment of this Act, the Secretary of 

15 Agriculture shall issue regulations to carry out the amend16 ments made by this section, including regulations pre17 scribing the requirements under section 4(c) of the Horse 

18 Protection Act (15 U.S.C. 1823(c)) (as amended by sub19 section (c)(3)). 

20 SECTION 1. SHORT TITLE. 

21 This Act may be cited as the ‘‘Prevent All Soring Tac22 tics Act of 2014’’ or the ‘‘PAST Act’’. 


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1 SEC. 2. INCREASED ENFORCEMENT UNDER HORSE PROTEC2 TION ACT. 

3 (a) DEFINITIONS.—Section 2 of the Horse Protection 

4 Act (15 U.S.C. 1821) is amended— 

5 (1) by redesignating paragraphs (1), (2), (3), 

6 and (4) as paragraphs (2), (3), (4), and (5), respec7 tively; 

8 (2) by inserting before paragraph (2) (as so re9 designated) the following new paragraph: 

10 ‘‘(1)(A) The term ‘action device’ means any boot, 

11 collar, chain, roller, or other device that encircles or 

12 is placed upon the lower extremity of the leg of a 

13 horse in such a manner that it can— 

14 ‘‘(i) rotate around the leg or slide up and 

15 down the leg, so as to cause friction; or 

16 ‘‘(ii) strike the hoof, coronet band, fetlock 

17 joint, or pastern of the horse. 

18 ‘‘(B) Such term does not include soft rubber or 

19 soft leather bell boots or quarter boots that are used 

20 as protective devices.’’; and 

21 (3) by adding at the end the following new para22 graph: 

23 ‘‘(6)(A) The term ‘participate’ means engaging 

24 in any activity with respect to a horse show, horse ex25 hibition, or horse sale or auction, including— 


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1 ‘‘(i) transporting or arranging for the 

2 transportation of a horse to or from a horse 

3 show, horse exhibition, or horse sale or auction; 

4 ‘‘(ii) personally giving instructions to an 

5 exhibitor; or 

6 ‘‘(iii) being knowingly present in a warm7 up area, inspection area, or other area at a horse 

8 show, horse exhibition, or horse sale or auction 

9 that spectators are not permitted to enter. 

10 ‘‘(B) Such term does not include spectating.’’. 

11 (b) FINDINGS.—Section 3 of the Horse Protection Act 

12 (15 U.S.C. 1822) is amended— 

13 (1) in paragraph (3)— 

14 (A) by inserting ‘‘and soring horses for such 

15 purposes’’ after ‘‘horses in intrastate commerce’’; 

16 and 

17 (B) by inserting ‘‘in many ways, including 

18 by creating unfair competition, by deceiving the 

19 spectating public and horse buyers, and by nega20 tively impacting horse sales’’ before the semi21 colon; 

22 (2) in paragraph (4), by striking ‘‘and’’ at the 

23 end; 

24 (3) in paragraph (5), by striking the period at 

25 the end and inserting a semicolon; and 


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1 (4) by adding at the end the following new para2 graphs: 

3 ‘‘(6) the Inspector General of the Department of 

4 Agriculture has determined that the program through 

5 which the Secretary inspects horses is inadequate for 

6 preventing soring; 

7 ‘‘(7) historically, Tennessee Walking Horses, 

8 Racking Horses, and Spotted Saddle Horses have been 

9 subjected to soring; and 

10 ‘‘(8) despite regulations in effect related to in11 spection for purposes of ensuring that horses are not 

12 sore, violations of this Act continue to be prevalent in 

13 the Tennessee Walking Horse, Racking Horse, and 

14 Spotted Saddle Horse breeds.’’. 

15 (c) HORSE SHOWS AND EXHIBITIONS.—Section 4 of 

16 the Horse Protection Act (15 U.S.C. 1823) is amended— 

17 (1) in subsection (a)— 

18 (A) by striking ‘‘appointed’’ and inserting 

19 ‘‘licensed’’; and 

20 (B) by adding at the end the following new 

21 sentences: ‘‘In the first instance in which the 

22 Secretary determines that a horse is sore, the 

23 Secretary shall disqualify the horse from being 

24 shown or exhibited for a period of not less than 

25 180 days. In the second instance in which the 


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1 Secretary determines that such horse is sore, the 

2 Secretary shall disqualify the horse for a period 

3 of not less than one year. In the third instance 

4 in which the Secretary determines that such 

5 horse is sore, the Secretary shall disqualify the 

6 horse for a period of not less than three years.’’; 

7 (2) in subsection (b) by striking ‘‘appointed’’ 

8 and inserting ‘‘licensed’’; 

9 (3) by striking subsection (c) and inserting the 

10 following new subsection: 

11 ‘‘(c)(1)(A) The Secretary shall prescribe by regulation 

12 requirements for the Department of Agriculture to license, 

13 train, assign, and oversee persons qualified to detect and 

14 diagnose a horse which is sore or to otherwise inspect horses 

15 at horse shows, horse exhibitions, or horse sales or auctions, 

16 for hire by the management of such events, for the purposes 

17 of enforcing this Act. 

18 ‘‘(B) No person shall be issued a license under this sub19 section unless such person is free from conflicts of interest, 

20 as defined by the Secretary in the regulations issued under 

21 subparagraph (A). 

22 ‘‘(C) If the Secretary determines that the performance 

23 of a person licensed in accordance with subparagraph (A) 

24 is unsatisfactory, the Secretary may, after notice and an 


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1 opportunity for a hearing, revoke the license issued to such 

2 person. 

3 ‘‘(D) In issuing licenses under this subsection, the Sec4 retary shall give a preference to persons who are licensed 

5 or accredited veterinarians. 

6 ‘‘(E) Licensure of a person in accordance with the re7 quirements prescribed under this subsection shall not be 

8 construed as authorizing such person to conduct inspections 

9 in a manner other than that prescribed for inspections by 

10 the Secretary (or the Secretary’s representative) under sub11 section (e). 

12 ‘‘(2)(A) Not later than 30 days before the date on 

13 which a horse show, horse exhibition, or horse sale or auc14 tion begins, the management of such show, exhibition, or 

15 sale or auction may notify the Secretary of the intent of 

16 the management to hire a person or persons licensed under 

17 this subsection and assigned by the Secretary to conduct 

18 inspections at such show, exhibition, or sale or auction. 

19 ‘‘(B) After such notification, the Secretary shall assign 

20 a person or persons licensed under this subsection to con21 duct inspections at the horse show, horse exhibition, or horse 

22 sale or auction. 

23 ‘‘(3) A person licensed by the Secretary to conduct in24 spections under this subsection shall issue a citation with 

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1 spection and notify the Secretary of each such violation not 

2 later than five days after the date on which a citation was 

3 issued with respect to such violation.’’; and 

4 (4) by adding at the end the following new sub5 section: 

6 ‘‘(f) The Secretary shall publish on the public website 

7 of the Animal and Plant Health Inspection Service of the 

8 Department of Agriculture, and update as frequently as the 

9 Secretary determines is necessary, information on viola10 tions of this Act for the purposes of allowing the manage11 ment of a horse show, horse exhibition, or horse sale or auc12 tion to determine if an individual is in violation of this 

13 Act.’’. 

14 (d) UNLAWFUL ACTS.—Section 5 of the Horse Protec15 tion Act (15 U.S.C. 1824) is amended— 

16 (1) in paragraph (2)— 

17 (A) by striking ‘‘or (C) respecting’’ and in18 serting ‘‘(C), or (D) respecting’’; and 

19 (B) by striking ‘‘and (D)’’ and inserting 

20 ‘‘(D) causing a horse to become sore or directing 

21 another person to cause a horse to become sore 

22 for the purpose of showing, exhibiting, selling, 

23 auctioning, or offering for sale the horse in any 

24 horse show, horse exhibition, or horse sale or auc25 tion, and (E)’’; 


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1 (2) in paragraph (3), by striking ‘‘appoint’’ and 

2 inserting ‘‘hire’’; 

3 (3) in paragraph (4)— 

4 (A) by striking ‘‘appoint’’ and inserting 

5 ‘‘hire’’; and 

6 (B) by striking ‘‘qualified’’; 

7 (4) in paragraph (5), by striking ‘‘appointed’’ 

8 and inserting ‘‘hired’’; 

9 (5) in paragraph (6)— 

10 (A) by striking ‘‘appointed’’ and inserting 

11 ‘‘hired’’; and 

12 (B) by inserting ‘‘that the horse is sore’’ 

13 after ‘‘the Secretary’’; and 

14 (6) by adding at the end the following new para15 graphs: 

16 ‘‘(12) The use of an action device on any limb 

17 of a Tennessee Walking Horse, a Racking Horse, or 

18 a Spotted Saddle Horse at a horse show, horse exhi19 bition, or horse sale or auction. 

20 ‘‘(13) The use of a weighted shoe, pad, wedge, 

21 hoof band, or other device or material at a horse 

22 show, horse exhibition, or horse sale or auction that— 

23 ‘‘(A) is placed on, inserted in, or attached 

24 to any limb of a Tennessee Walking Horse, a 

25 Racking Horse, or a Spotted Saddle Horse; 


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1 ‘‘(B) is constructed to artificially alter the 

2 gait of such a horse; and 

3 ‘‘(C) is not strictly protective or therapeutic 

4 in nature.’’. 

5 (e) VIOLATIONS AND PENALTIES.—Section 6 of the 

6 Horse Protection Act (15 U.S.C. 1825) is amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (1)— 

9 (i) by striking ‘‘Except as provided in 

10 paragraph (2) of this subsection, any person 

11 who knowingly violates section 5’’ and in12 serting ‘‘Any person who knowingly violates 

13 section 5 or the regulations issued under 

14 such section, including any violation re15 corded during an inspection conducted in 

16 accordance with section 4(c) or 4(e)’’; and 

17 (ii) by striking ‘‘more than $3,000, or 

18 imprisoned for not more than one year, or 

19 both.’’ and inserting ‘‘more than $5,000, or 

20 imprisoned for not more than three years, 

21 or both, for each such violation.’’; 

22 (B) in paragraph (2)— 

23 (i) by striking subparagraph (A); 

24 (ii) by striking ‘‘(2)’’; and 


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1 (iii) by redesignating subparagraphs 

2 (B) and (C) as paragraphs (2) and (3), re3 spectively, and moving the margins of such 

4 paragraphs (as so redesignated) two ems to 

5 the left; and 

6 (C) by adding at the end the following new 

7 paragraph: 

8 ‘‘(4) Any person who knowingly fails to obey an order 

9 of disqualification shall, upon conviction thereof, be fined 

10 not more than $5,000 for each failure to obey such an order, 

11 imprisoned for not more than three years, or both.’’; 

12 (2) in subsection (b)— 

13 (A) in paragraph (1)— 

14 (i) by striking ‘‘section 5 of this Act’’ 

15 and inserting ‘‘section 5 or the regulations 

16 issued under such section’’; and 

17 (ii) by striking ‘‘$2,000’’ and inserting 

18 ‘‘$4,000’’; and 

19 (B) by adding at the end the following new 

20 paragraph: 

21 ‘‘(5) Any person who fails to pay a licensed inspector 

22 hired under section 4(c) shall, upon conviction thereof, be 

23 fined not more than $4,000 for each such violation.’’; and 

24 (3) in subsection (c)— 

25 (A) in the first sentence— 


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24 

•S 1406 RS

1 (i) by inserting ‘‘, or otherwise partici2 pating in any horse show, horse exhibition, 

3 or horse sale or auction’’ before ‘‘for a pe4 riod of not less than one year’’; and 

5 (ii) by striking ‘‘any subsequent’’ and 

6 inserting ‘‘the second’’; 

7 (B) by inserting before ‘‘Any person who 

8 knowingly fails’’ the following: ‘‘For the third or 

9 any subsequent violation, a person may be per10 manently disqualified by order of the Secretary, 

11 after notice and an opportunity for a hearing be12 fore the Secretary, from showing or exhibiting 

13 any horse, judging or managing any horse show, 

14 horse exhibition, or horse sale or auction, or oth15 erwise participating in, including financing the 

16 participation of other individuals in, any horse 

17 show, horse exhibition, or horse sale or auction 

18 (regardless of whether walking horses are shown, 

19 exhibited, sold, auctioned, or offered for sale at 

20 the horse show, horse exhibition, or horse sale or 

21 auction).’’; and 

22 (C) by striking ‘‘$3,000’’ each place it ap23 pears and inserting ‘‘$5,000’’. 

24 (f) REGULATIONS.—Not later than 180 days after the 

25 date of the enactment of this Act, the Secretary of AgriVerDate Sep 11 2014 22:55 Sep 15, 2014 Jkt 039200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6203 E:\BILLS\S1406.RS S1406

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25 

•S 1406 RS

1 culture shall issue regulations to carry out the amendments 

2 made by this section, including regulations prescribing the 

3 requirements under subsection (c) of section 4 of the Horse 

4 Protection Act (15 U.S.C. 1823(c)), as amended by sub5 section (c)(3). 

6 (g) SEVERABILITY.—If any provision of this Act or 

7 any amendment made by this Act, or the application of 

8 a provision to any person or circumstance, is held to be 

9 unconstitutional, the remainder of this Act and the amend10 ments made by this Act, and the application of the provi11 sions to any person or circumstance, shall not be affected 

12 by the holding. 


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Calendar No. 562 

113TH CONGRESS 

2D SESSION S. 1406 

[Report No. 113–254] 

A BILL 

To amend the Horse Protection Act to designate 

Act, and for other purposes. Department of Agriculture enforcement of the en penalties for violations of the Act, improve additional unlawful acts under the Act, strengthSEPTEMBER 15, 2014 

Reported with an amendment 


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