119-hr1684

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1684 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 1684

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

 February 27, 2025

Mr. Fitzpatrick (for himself, Mr. Cohen, Mr. Buchanan, Ms. Schakowsky, 
Mr. Ciscomani, Mr. Meuser, Mr. Fulcher, Mrs. Kim, Mr. Lawler, Mr. Neal, 
Mr. Magaziner, Mr. LaLota, Ms. Salazar, Ms. Strickland, Ms. Norton, Mr. 
Thompson of Mississippi, Mr. Mullin, Mr. Carey, Mr. Beyer, Mr. Khanna, 
 Ms. Pingree, Mr. Johnson of Georgia, Ms. Escobar, Mrs. McBath, Mrs. 
 Trahan, Ms. Moore of Wisconsin, Ms. Budzinski, Mr. Quigley, Mrs. 
 Cherfilus-McCormick, Mr. McGovern, Mr. McGarvey, Mr. Foster, Mr. 
 Cleaver, Mr. Gomez, Mr. Connolly, Ms. Titus, Mr. Grijalva, Mr. Tonko, 
 Mr. Mrvan, Mr. Lynch, Ms. Chu, Ms. Perez, Mr. Bishop, Ms. Tlaib, Mr. 
 Takano, Mr. Carter of Louisiana, Mr. Schneider, Mr. Harder of 
California, Mr. Veasey, Mr. Torres of New York, Mr. Stanton, Mr. Garcia 
 of California, Mr. Kennedy of New York, Ms. Meng, Ms. Tokuda, Mr. 
 Krishnamoorthi, Mr. Calvert, Ms. Scanlon, Mrs. Beatty, Ms. Barragan, 
 Mr. Sherman, Mr. Horsford, Ms. Kelly of Illinois, Mr. Thanedar, Ms. 
 Brownley, Ms. McClellan, Mrs. Sykes, Ms. Brown, Mr. Carson, Mr. 
Moskowitz, Mrs. Dingell, Ms. Salinas, Ms. Ross, Ms. Omar, Mr. Ryan, Mr. 
 Moulton, Ms. Davids of Kansas, Mr. Case, Mr. Smith of Washington, Mr. 
 David Scott of Georgia, Ms. Stansbury, Ms. Sherrill, Mr. Raskin, Ms. 
 Hoyle of Oregon, Ms. Mace, Mr. Pappas, Mr. Pocan, Ms. Elfreth, Mr. 
 Gimenez, Mr. Himes, Ms. Lee of Pennsylvania, Ms. Jacobs, Mr. Vargas, 
 Mr. Doggett, Ms. McCollum, Mr. Sorensen, Mrs. Foushee, Ms. Scholten, 
 Ms. Matsui, Mr. Lieu, Mr. Soto, Mr. Gottheimer, Mr. Nadler, Ms. Lois 
 Frankel of Florida, Mr. Auchincloss, Mrs. Hayes, Ms. Leger Fernandez, 
 Mr. Evans of Pennsylvania, Mr. Kelly of Pennsylvania, Mr. Nehls, Ms. 
 Malliotakis, Mr. Huffman, Mr. Peters, Mr. Carbajal, Ms. Jayapal, Ms. 
 Tenney, Ms. Wilson of Florida, Ms. Pettersen, Mr. Thompson of 
California, Mr. Espaillat, Ms. Bonamici, Ms. Friedman, Mr. DeSaulnier, 
 Mr. Crow, Mr. Castro of Texas, Ms. DeLauro, Mrs. Watson Coleman, Mr. 
 Gooden, Ms. Williams of Georgia, Mr. Schweikert, Ms. Balint, Ms. 
Ansari, Ms. Dexter, Ms. Sanchez, Mr. Meeks, Ms. DelBene, Mr. Bera, Ms. 
Stevens, Ms. Kaptur, Mrs. Ramirez, Ms. Garcia of Texas, Mr. Goldman of 
 New York, Mr. Levin, Mr. Casten, Mr. Davis of Illinois, Ms. Wasserman 
Schultz, Mr. Panetta, Mr. Morelle, Mr. Ruiz, Ms. Velazquez, Ms. Dean of 
 Pennsylvania, Mr. Swalwell, Ms. Adams, Ms. Castor of Florida, Mrs. 
Torres of California, Mr. Vindman, Mr. Ivey, Ms. DeGette, Mr. Van Drew, 
 Mr. Latimer, Mr. Deluzio, Mr. Suozzi, Mr. Smith of New Jersey, Ms. 
 Ocasio-Cortez, Mr. Smucker, Ms. Clarke of New York, Mr. Subramanyam, 
Mr. Amo, Mr. Green of Texas, Mr. Keating, Mr. Jackson of Illinois, Mr. 
 Hoyer, Mr. Kean, Mr. Menendez, Mr. Larson of Connecticut, and Ms. 
 Plaskett) introduced the following bill; which was referred to the 
 Committee on Energy and Commerce

_______________________________________________________________________

 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 
2025'' or the ``PAST Act of 2025''.

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 1 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 3 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 5 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 3 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 3 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>