Title: PAST Act
Policy area: Animals

Summary:
Prevent All Soring Tactics Act of 2018 or the PAST Act
This bill amends the Horse Protection Act to establish a new system for inspecting horses for soring, revise penalties for violations of the Act, and modify enforcement procedures. The soring of horses is any of various actions taken on a horse's limb to produce a higher gait that may cause pain, distress, inflammation, or lameness.
The Department of Agriculture (USDA) must establish requirements to license, train, assign, and oversee persons hired by the management of horse shows, exhibitions, sales, or auctions to detect and diagnose sore horses. A license may not be issued to a person with conflicts of interest, and USDA must give preference to veterinarians. USDA may revoke a license for unsatisfactory performance. USDA must assign licensed inspectors after receiving notice that management intends to hire the inspectors. An inspector must issue a citation for violations and notify USDA of violations. USDA must publish information on violations of this bill and disqualify a horse that is sore.
The bill prohibits a person in any horse show, exhibition, sale, or auction from causing or directing a horse to become sore for the purpose of showing, exhibiting, selling, or auctioning the horse.
The bill prohibits the use of specified devices on a Tennessee Walking, a Racking, or a Spotted Saddle horse at a show, exhibition, sale, or auction.
The bill increases the maximum criminal and civil liability penalties for certain violations. USDA may disqualify violators from specified activities related to horse shows, exhibitions, sales, and auctions.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2957 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  2d Session
                                S. 2957

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

                              May 24, 2018

  Mr. Crapo (for himself, Mr. Warner, Mr. Moran, Mr. Blumenthal, Ms. 
 Collins, Mrs. Feinstein, Mr. Toomey, Mrs. McCaskill, Mr. Daines, and 
  Mr. Markey) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 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 
2018'' 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.
                                 <all>