[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1455 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 1455
To amend the Horse Protection Act to provide increased protection for
horses participating in shows, exhibitions, sales, and auctions, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 14, 2019
Mr. Alexander (for himself, Mr. McConnell, Mrs. Blackburn, and Mr.
Paul) 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 provide increased protection for
horses participating in shows, exhibitions, sales, and auctions, 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 ``Horse Protection Amendments Act of
2019''.
SEC. 2. DEFINITIONS.
Section 2 of the Horse Protection Act (15 U.S.C. 1821) is amended--
(1) by striking the section designation and all that
follows through ``requires:'' in the matter preceding paragraph
(1) and inserting the following:
``SEC. 2. DEFINITIONS.
``In this Act:'';
(2) by redesignating paragraphs (1), (2), (3), and (4) as
paragraphs (2), (4), (5), and (6), respectively;
(3) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) Horse industry organization.--The term `Horse
Industry Organization' means the organization established under
section 4(c)(1)(A).''; and
(4) by inserting after paragraph (2) (as so redesignated)
the following:
``(3) Objective inspection.--The term `objective
inspection' means an inspection conducted using only an
inspection method based on a science-based protocol (including
swabbing or blood testing protocol) that--
``(A) has been the subject of testing and is
capable of producing scientifically reliable and
reproducible results;
``(B) has been subjected to peer review; and
``(C) has received acceptance in the veterinary or
other applicable scientific community, as determined by
the Secretary.''.
SEC. 3. FINDINGS.
Section 3 of the Horse Protection Act (15 U.S.C. 1822) is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) the Inspector General of the Department of
Agriculture has determined that the program through which the
Secretary inspects horses is not adequate to ensure compliance
with this Act;''.
SEC. 4. INCREASING PROTECTIONS FOR HORSES PARTICIPATING IN HORSE SHOWS,
EXHIBITIONS, SALES, OR AUCTIONS.
(a) Horse Shows and Exhibitions.--Section 4 of the Horse Protection
Act (15 U.S.C. 1823) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Disqualification of Horses.--
``(1) In general.--The management of any horse show or
horse exhibition shall disqualify any horse from being shown or
exhibited if--
``(A) the horse is determined to be sore by an
objective inspection; or
``(B) the management has been notified that the
horse is sore by--
``(i) a person licensed under subsection
(c)(3)(A); or
``(ii) the Secretary.
``(2) Duration of disqualification.--Any horse that is
determined to be sore by an objective inspection shall be
disqualified from being shown or exhibited--
``(A) for a period of not less than 30 days if it
is the first determination; and
``(B) for a period of not less than 90 days if it
is a second or subsequent determination.'';
(2) in subsection (b)--
(A) by striking ``(b) The management'' and
inserting the following:
``(b) Prohibition on Sale, Auction, and Exhibition.--The
management'';
(3) by striking subsection (c) and inserting the following:
``(c) Horse Industry Organization.--
``(1) Establishment.--
``(A) In general.--Not later than 180 days after
the date of enactment of the Horse Protection
Amendments Act of 2019, the Secretary shall establish
an organization, to be known as the `Horse Industry
Organization' (referred to in this subsection as `the
Organization').
``(B) Board.--
``(i) In general.--The Organization shall
be governed by a board (referred to in this
subsection as `the Board') consisting of not
more than 9 individuals, of whom--
``(I) two shall be appointed by the
Commissioner of Agriculture for the
State of Tennessee;
``(II) two shall be appointed by
the Commissioner of Agriculture for the
State of Kentucky;
``(III) two shall--
``(aa) represent the
Tennessee Walking Horse
industry; and
``(bb) be appointed by the
members appointed under
subclauses (I) and (II), in
accordance with a process
developed by those members; and
``(IV) not more than three shall be
appointed by the members appointed
under subclauses (I) through (III).
``(ii) Quorum.--Five members of the Board
shall constitute a quorum for the transaction
of business.
``(iii) Bylaws.--The members of the Board,
in consultation with the Secretary, shall
develop bylaws and other policies to operate
the Organization, establish committees, and
fill vacancies on the Board.
``(C) Vacancies; period of appointment.--
``(i) Vacancies.--Any vacancy on the
Board--
``(I) shall not impair the
authority of the Board; and
``(II) shall be filled as soon as
practicable in the same manner as the
original appointment.
``(ii) Period of appointment.--
``(I) In general.--Except as
provided in subclause (II), a member of
the Board shall be appointed for a term
of 4 years.
``(II) Initial appointments.--Of
the members first appointed to the
Board, the members described in
subparagraph (B)(i)(III) shall be
appointed for an initial term of 3
years.
``(2) Responsibilities.--The Organization shall--
``(A) establish a formal affiliation with the
management of each horse sale, horse exhibition, horse
sale, and horse auction;
``(B) appoint inspectors to conduct inspections at
each horse sale, horse exhibition, horse sale, and
horse auction;
``(C) identify and contract with equine veterinary
experts to advise the Board on--
``(i) objective scientific testing methods
and procedures for objective inspections; and
``(ii) the certification of objective
inspection results;
``(D) establish licensing requirements under
paragraph (3); and
``(E) take any other action to ensure compliance
with this Act, as determined in coordination with the
Secretary.
``(3) Licensing requirements.--
``(A) In general.--The Organization shall develop
licensing requirements to submit to the Secretary for
licensing persons qualified--
``(i) to detect and diagnose a horse that
is sore; or
``(ii) to otherwise inspect a horse for the
purpose of enforcing this Act.
``(B) Conflicts of interest.--Requirements
developed under subparagraph (A) shall include the
requirement that any person licensed by the
Organization, and any member of the immediate family of
any person licensed by the Organization, is free from a
conflict of interest by reason of any association or
connection with the walking horse industry, including
through--
``(i) employment by, or the provision of
any service to, any show manager, trainer,
owner, or exhibitor of a Tennessee Walking
horse, Spotted Saddle horse, or Racking horse;
and
``(ii) training, exhibiting, shoeing,
breeding, or selling a Tennessee Walking horse,
Spotted Saddle horse, or Racking horse.
``(4) Certification.--
``(A) In general.--After the members of the Board
described in subclauses (I) through (III) of paragraph
(1)(B)(i) have been appointed, the Secretary shall
certify the Organization to train and license
individuals, including inspectors, as designated
qualified persons in accordance with section 11.7(b) of
title 9, Code of Federal Regulations (or successor
regulations).
``(B) Revocation of certification.--Not later than
90 days after the date on which the Secretary certifies
the Organization under subparagraph (A), the Secretary
shall revoke the certification issued to any other
horse industry organization under section 11.7 of title
9, Code of Federal Regulations (or successor
regulations).
``(5) Federal advisory committee act exemption.--Section
14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the Organization.'';
(4) in subsection (d), by striking ``(d) The management''
and inserting the following:
``(d) Recordkeeping.--The management''; and
(5) in subsection (e), by striking ``(e) For purposes of''
and inserting the following:
``(e) Right of Inspection.--For purposes of''.
(b) Unlawful Acts.--Section 5 of the Horse Protection Act (15
U.S.C. 1824) is amended--
(1) by striking the section designation and all that
follows through ``The following'' in the matter preceding
paragraph (1) and inserting the following:
``SEC. 5. PROHIBITED CONDUCT.
``The following'';
(2) in paragraph (3), by striking ``appoint and retain a
person in accordance with section 4(c) of this Act'' and
inserting ``have a formal affiliation with the Horse Industry
Organization'';
(3) in paragraph (4), by striking ``appoint and retain a
qualified person in accordance with section 4(c) of this Act''
and inserting ``have a formal affiliation with the Horse
Industry Organization'';
(4) in paragraph (5), by striking ``appointed and retained
a person in accordance with section 4(c) of this Act'' and
inserting ``a formal affiliation with the Horse Industry
Organization''; and
(5) in paragraph (6)--
(A) by striking ``appointed and retained a person
in accordance with section 4(c) of this Act'' and
inserting ``a formal affiliation with the Horse
Industry Organization''; and
(B) by striking ``such person or the Secretary''
and inserting ``a person licensed by the Horse Industry
Organization''.
SEC. 5. RULEMAKING.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Agriculture shall issue regulations to carry out the
amendments made by this Act.
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