,,ii #aafth ,,congress #ast ,session ,s4 #ajjg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #c1 #bjai,mr4 ,crapo 7for himself1 ,mr4 ,warner1 ,ms4 ,collins1 ,mr4 ,blumenthal1 ,mr4 ,markey1 ,mr4 ,moran1 ,mrs4 ,feinstein1 ,mr4 ,casey1 ,mr4 ,wyden1 ,mr4 ,daines1 and ,mr4 ,toomey7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend the ,horse ,protection ,act to designate additional unlawful acts under the ,act1 strengthen penalties for violations of the ,act1 improve ,department of ,agriculture enforcement of the ,act1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,prevent ,all ,soring ,tactics ,act of #bjai or the ,,past ,act4 #b4 ,increased enforcement under ,horse ,protection ,act 7a7 ,definitions ,section #b of the ,horse ,protection ,act 7#ae ,u4,s4,c4 #ahba7 is amended-- 7#a7 by redesignating paragraphs 7#a71 7#b71 7#c71 and 7#d7 as paragraphs 7#b71 7#c71 7#d71 and 7#e71 respectively2 7#b7 by inserting before paragraph 7#b7 7as so redesignated7 the following new paragraph3 7#a7 7,a7 ,the term action device means any boot1 collar1 chain1 roller1 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-- 7i7 rotate around the leg or slide up and down the leg1 so as to cause friction2 or 7ii7 strike the hoof1 coronet band1 fetlock joint1 or pastern of the horse4 7,b7 ,such term does not include soft rubber or soft leather bell boots or quarter boots that are used as protective devices4 2 and 7#c7 by adding at the end the following new paragraph3 7#f7 7,a7 ,the term participate means engaging in any activity with respect to a horse show1 horse exhibition1 or horse sale or auction1 including-- 7i7 transporting or arranging for the transportation of a horse to or from a horse show1 horse exhibition1 or horse sale or auction2 7ii7 personally giving instructions to an exhibitor2 or 7iii7 being knowingly present in a warm-up area1 inspection area1 or other area at a horse show1 horse exhibition1 or horse sale or auction that spectators are not permitted to enter4 7,b7 ,such term does not include spectating4 4 7b7 ,findings ,section #c of the ,horse ,protection ,act 7#ae ,u4,s4,c4 #ahbb7 is amended-- 7#a7 in paragraph 7#c7-- 7,a7 by inserting and soring horses for such purposes after horses in intrastate commerce2 and 7,b7 by inserting in many ways1 including by creating unfair competition1 by deceiving the spectating public and horse buyers1 and by negatively impacting horse sales before the semicolon2 7#b7 in paragraph 7#d71 by striking and at the end2 7#c7 in paragraph 7#e71 by striking the period at the end and inserting a semicolon2 and 7#d7 by adding at the end the following new paragraphs3 7#f7 the ,inspector ,general of the ,department of ,agriculture has determined that the program through which the ,secretary inspects horses is inadequate for preventing soring2 7#g7 historically1 ,tennessee ,walking ,horses1 ,racking ,horses1 and ,spotted ,saddle ,horses have been subjected to soring2 and 7#h7 despite regulations in effect related to inspection for purposes of ensuring that horses are not sore1 violations of this ,act continue to be prevalent in the ,tennessee ,walking ,horse1 ,racking ,horse1 and ,spotted ,saddle ,horse breeds4 4 7c7 ,horse shows and exhibitions ,section #d of the ,horse ,protection ,act 7#ae ,u4,s4,c4 #ahbc7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking appointed and inserting licensed2 and 7,b7 by adding at the end the following new sentences3 ,in the first instance in which the ,secretary determines that a horse is sore1 the ,secretary shall disqualify the horse from being shown or exhibited for a period of not less than #ahj days4 ,in the second instance in which the ,secretary determines that such horse is sore1 the ,secretary shall disqualify the horse for a period of not less than one year4 ,in the third instance in which the ,secretary determines that such horse is sore1 the ,secretary shall disqualify the horse for a period of not less than three years42 7#b7 in subsection 7b7 by striking appointed and inserting licensed2 7#c7 by striking subsection 7c7 and inserting the following new subsection3 7c7 7#a7 7,a7 ,the ,secretary shall prescribe by regulation requirements for the ,department of ,agriculture to license1 train1 assign1 and oversee persons qualified to detect and diagnose a horse which is sore or to otherwise inspect horses at horse shows1 horse exhibitions1 or horse sales or auctions1 for hire by the management of such events1 for the purposes of enforcing this ,act4 7,b7 ,no person shall be issued a license under this subsection unless such person is free from conflicts of interest1 as defined by the ,secretary in the regulations issued under subparagraph 7,a74 7,c7 ,if the ,secretary determines that the performance of a person licensed in accordance with subparagraph 7,a7 is unsatisfactory1 the ,secretary may1 after notice and an opportunity for a hearing1 revoke the license issued to such person4 7,d7 ,in issuing licenses under this subsection1 the ,secretary shall give a preference to persons who are licensed or accredited veterinarians4 7,e7 ,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 7or the ,secretary's representative7 under subsection 7e74 7#b7 7,a7 ,not later than #cj days before the date on which a horse show1 horse exhibition1 or horse sale or auction begins1 the management of such show1 exhibition1 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 show1 exhibition1 or sale or auction4 7,b7 ,after such notification1 the ,secretary shall assign a person or persons licensed under this subsection to conduct inspections at the horse show1 horse exhibition1 or horse sale or auction4 7#c7 ,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 violation4 2 and 7#d7 by adding at the end the following new subsection3 7f7 ,the ,secretary shall publish on the public website of the ,animal and ,plant ,health ,inspection ,service of the ,department of ,agriculture1 and update as frequently as the ,secretary determines is necessary1 information on violations of this ,act for the purposes of allowing the management of a horse show1 horse exhibition1 or horse sale or auction to determine if an individual is in violation of this ,act4 4 7d7 ,unlawful acts ,section #e of the ,horse ,protection ,act 7#ae ,u4,s4,c4 #ahbd7 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 by striking or 7,c7 respecting and inserting 7,c71 or 7,d7 respecting2 and 7,b7 by striking and 7,d7 and inserting 7,d7 causing a horse to become sore or directing another person to cause a horse to become sore for the purpose of showing1 exhibiting1 selling1 auctioning1 or offering for sale the horse in any horse show1 horse exhibition1 or horse sale or auction1 and 7,e72 7#b7 in paragraph 7#c71 by striking appoint and inserting hire2 7#c7 in paragraph 7#d7-- 7,a7 by striking appoint and inserting hire2 and 7,b7 by striking qualified2 7#d7 in paragraph 7#e71 by striking appointed and inserting hired2 7#e7 in paragraph 7#f7-- 7,a7 by striking appointed and inserting hired2 and 7,b7 by inserting that the horse is sore after the ,secretary2 and 7#f7 by adding at the end the following new paragraphs3 7#ab7 ,the use of an action device on any limb of a ,tennessee ,walking ,horse1 a ,racking ,horse1 or a ,spotted ,saddle ,horse at a horse show1 horse exhibition1 or horse sale or auction4 7#ac7 ,the use of a weighted shoe1 pad1 wedge1 hoof band1 or other device or material at a horse show1 horse exhibition1 or horse sale or auction that-- 7,a7 is placed on1 inserted in1 or attached to any limb of a ,tennessee ,walking ,horse1 a ,racking ,horse1 or a ,spotted ,saddle ,horse2 7,b7 is constructed to artificially alter the gait of such a horse2 and 7,c7 is not strictly protective or therapeutic in nature4 4 7e7 ,violations and penalties ,section #f of the ,horse ,protection ,act 7#ae ,u4,s4,c4 #ahbe7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,except as provided in paragraph 7#b7 of this subsection1 any person who knowingly violates section #e and inserting ,any person who knowingly violates section #e or the regulations issued under such section1 including any violation recorded during an inspection conducted in accordance with section #d7;c7 or #d7;e72 and 7ii7 by striking more than #c1jjj1 or imprisoned for not more than one year1 or both4 and inserting more than #e1jjj1 or imprisoned for not more than three years1 or both1 for each such violation42 7,b7 in paragraph 7#b7-- 7i7 by striking subparagraph 7,a72 7ii7 by striking 7#b72 and 7iii7 by redesignating subparagraphs 7,b7 and 7,c7 as paragraphs 7#b7 and 7#c71 respectively1 and moving the margins of such paragraphs 7as so redesignated7 two ems to the left2 and 7,c7 by adding at the end the following new paragraph3 7#d7 ,any person who knowingly fails to obey an order of disqualification shall1 upon conviction thereof1 be fined not more than #e1jjj for each failure to obey such an order1 imprisoned for not more than three years1 or both4 2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 by striking section #e of this ,act and inserting section #e or the regulations issued under such section2 and 7ii7 by striking #b1jjj and inserting #d1jjj2 and 7,b7 by adding at the end the following new paragraph3 7#e7 ,any person who fails to pay a licensed inspector hired under section #d7;c7 shall1 upon conviction thereof1 be fined not more than #d1jjj for each such violation4 2 and 7#c7 in subsection 7c7-- 7,a7 in the first sentence-- 7i7 by inserting 1 or otherwise participating in any horse show1 horse exhibition1 or horse sale or auction before for a period of not less than one year2 and 7ii7 by striking any subsequent and inserting the second2 7,b7 by inserting before ,any person who knowingly fails the following3 ,for the third or any subsequent violation1 a person may be permanently disqualified by order of the ,secretary1 after notice and an opportunity for a hearing before the ,secretary1 from showing or exhibiting any horse1 judging or managing any horse show1 horse exhibition1 or horse sale or auction1 or otherwise participating in1 including financing the participation of other individuals in1 any horse show1 horse exhibition1 or horse sale or auction 7regardless of whether walking horses are shown1 exhibited1 sold1 auctioned1 or offered for sale at the horse show1 horse exhibition1 or horse sale or auction742 and 7,c7 by striking #c1jjj each place it appears and inserting #e1jjj4 7f7 ,regulations ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,agriculture shall issue regulations to carry out the amendments made by this section1 including regulations prescribing the requirements under subsection 7c7 of section #d of the ,horse ,protection ,act 7#ae ,u4,s4,c4 #ahbc7;c771 as amended by subsection 7c77#c74 7g7 ,severability ,if any provision of this ,act or any amendment made by this ,act1 or the application of a provision to any person or circumstance1 is held to be unconstitutional1 the remainder of this ,act and the amendments made by this ,act1 and the application of the provisions to any person or circumstance1 shall not be affected by the holding4