I 

115TH CONGRESS 

1ST SESSION H. R. 1338 

To amend the Horse Protection Act to provide increased protection for horses 

participating in shows, exhibitions, or sales, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 2, 2017 

Mr. DESJARLAIS (for himself, Mr. BARR, Mrs. BLACK, Mrs. BLACKBURN, Mr. 

COMER, Mr. DUNCAN of Tennessee, Mr. FLEISCHMANN, Mr. GUTHRIE, 

Mr. ROE of Tennessee, and Mr. ROGERS of Kentucky) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To amend the Horse Protection Act to provide increased 

protection for horses participating in shows, exhibitions, 

or sales, 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 ‘‘Horse Protection 

5 Amendments Act’’. 

6 SEC. 2. DEFINITION. 

7 Section 2 of the Horse Protection Act (15 U.S.C. 

8 1821) is amended— 


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1 (1) by redesignating paragraphs (2) and (3) as 

2 paragraphs (3) and (4), respectively; and 

3 (2) by inserting after paragraph (1) the fol4 lowing new paragraph: 

5 ‘‘(2) The term ‘objective inspection’ means an 

6 inspection conducted using only inspection methods 

7 based on science-based protocols (including swabbing 

8 or blood testing protocols) that— 

9 ‘‘(A) have been the subject of testing and 

10 are capable of producing scientifically reliable, 

11 reproducible results; 

12 ‘‘(B) have been subjected to peer review; 

13 and 

14 ‘‘(C) have received acceptance in the vet15 erinary or other applicable scientific commu16 nity.’’. 

17 SEC. 3. INCREASING PROTECTIONS FOR HORSES PARTICI18 PATING IN HORSE SHOWS, EXHIBITIONS, OR 

19 SALES OR AUCTIONS. 

20 (a) FINDINGS.—Section 3 of the Horse Protection 

21 Act (15 U.S.C. 1822) is amended— 

22 (1) by redesignating paragraphs (4) and (5) as 

23 paragraphs (5) and (6), respectively; and 

24 (2) by inserting after paragraph (3) the fol25 lowing new paragraph: 


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

2 of Agriculture has determined the program through 

3 which the Secretary inspects horses is not adequate 

4 to ensure compliance with this Act;’’. 

5 (b) HORSE SHOWS AND EXHIBITIONS.—Section 4(c) 

6 of the Horse Protection Act (15 U.S.C. 1823(c)) is 

7 amended— 

8 (1) in the first sentence, by striking ‘‘appoint9 ment by the management of any horse show, horse 

10 exhibition, or horse sale or auction of persons quali11 fied to detect and diagnose a horse which is sore or 

12 to otherwise inspect horses for the purposes of en13 forcing this Act’’ and inserting ‘‘that affiliation and 

14 appointment’’; 

15 (2) by inserting before the first sentence, the 

16 following: ‘‘(1) The Horse Industry Organization es17 tablished under paragraph (2) shall establish a for18 mal affiliation with the management of each horse 

19 sale, horse exhibition, and horse sale or auction, ap20 point inspectors to conduct inspections at each such 

21 show, exhibition, and sale or auction, and in coordi22 nation with the Secretary, otherwise ensure compli23 ance with this Act.’’; and 

24 (3) by adding at the end the following new 

25 paragraph: 


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1 ‘‘(2)(A) Not later than 180 days after the date 

2 of the enactment of this paragraph, the Secretary 

3 shall prescribe by regulation the establishment of a 

4 single horse industry organization (referred to in 

5 this Act as the ‘Horse Industry Organization’ or the 

6 ‘HIO’). The HIO shall be headed or otherwise gov7 erned by not more than nine individuals appointed 

8 in accordance with the following: 

9 ‘‘(i) Four individuals shall be appointed by 

10 the heads of State agencies on agriculture, two 

11 of whom shall be appointed by the Commis12 sioner of Agriculture for the State of Tennessee 

13 and two of whom shall be appointed by the 

14 Commissioner of Agriculture for the Common15 wealth of Kentucky. 

16 ‘‘(ii) Two individuals representing the Ten17 nessee Walking Horse industry shall be ap18 pointed from within such industry by the indi19 viduals appointed under clause (i) in accordance 

20 with a process developed by the individuals so 

21 appointed in consultation with the Walking 

22 Horse Trainers’ Association. 

23 ‘‘(iii) Not more than three individuals shall 

24 be appointed by the six individuals appointed 

25 under clauses (i) and (ii). 


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1 ‘‘(B) The nine individuals appointed under 

2 clauses (i), (ii), and (iii) of subparagraph (A) shall 

3 establish a process for filling any vacancy and for 

4 the subsequent appointment of individuals initially 

5 appointed under such subparagraph. 

6 ‘‘(C) Section 14(a)(2)(B) of the Federal Advi7 sory Committee Act (5 U.S.C. App.; relating to the 

8 termination of advisory committees) shall not apply 

9 to the HIO. 

10 ‘‘(D) The Horse Industry Organization shall 

11 issue policies establishing requirements for any per12 son licensed by the Horse Industry Organization or 

13 a member of the immediate family of such a person 

14 to be free from conflicts of interest, by reason of any 

15 association or connection with the walking horse in16 dustry including through— 

17 ‘‘(i) being employed by or providing any 

18 services to any show manager, trainer, owner, 

19 or exhibitor of Tennessee Walking horses, Spot20 ted Saddle horses, or Racking horses; and 

21 ‘‘(ii) training, exhibiting, shoeing, breeding, 

22 or selling Tennessee Walking horses, Spotted 

23 Saddle horses, or Racking horses. 

24 ‘‘(E) Not later than 90 days after the date on 

25 which the Horse Industry Organization is estabVerDate Sep 11 2014 04:35 Mar 08, 2017 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1338.IH H1338

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1 lished pursuant to this paragraph, the Secretary 

2 shall revoke the certification issued to any horse in3 dustry organization under section 11.7 of title 9, 

4 Code of Federal Regulations (or any successor regu5 lation), as in effect on such date.’’. 

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

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

9 retain a person in accordance with section 4(c) of 

10 this Act’’ and inserting ‘‘establish a formal affili11 ation with the Horse Industry Organization under 

12 section 4(c)’’; 

13 (2) in paragraph (4), by striking ‘‘appoint and 

14 retain a qualified person in accordance with section 

15 4(c) of this Act’’ and inserting ‘‘establish a formal 

16 affiliation with the Horse Industry Organization 

17 under section 4(c)’’; 

18 (3) in paragraph (5), by striking ‘‘appointed 

19 and retained a person in accordance with section 

20 4(c) of this Act’’ and inserting ‘‘establish a formal 

21 affiliation with the Horse Industry Organization 

22 under section 4(c)’’; and 

23 (4) in paragraph (6)— 

24 (A) by striking ‘‘appointed and retained a 

25 person in accordance with section 4(c) of this 


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1 Act’’ and inserting ‘‘established a formal affili2 ation with the Horse Industry Organization 

3 under section 4(c)’’; and 

4 (B) by striking ‘‘such person or the Sec5 retary’’ and inserting ‘‘a person licensed by the 

6 Horse Industry Organization’’. 

7 SEC. 4. REGULATIONS. 

8 Not later than 180 days after the date of the enact9 ment of this Act, the Secretary shall issue regulations to 

10 carry out the amendments made by this Act. 

Æ 


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