II 

114TH CONGRESS 

1ST SESSION S. 1161 

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

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

IN THE SENATE OF THE UNITED STATES 

APRIL 30, 2015 

Mr. ALEXANDER (for himself, Mr. MCCONNELL, 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, 

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 of 2015’’. 

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 (1), (2) and 

2 (3) as paragraphs (2), (4) and (5), respectively; 

3 (2) by inserting before paragraph (2), as redes4 ignated, the following: 

5 ‘‘(1) The term ‘Horse Industry Organization’ 

6 means the organization established pursuant to sec7 tion 4(c)(1).’’; and 

8 (3) by inserting after paragraph (2), as redesig9 nated, the following: 

10 ‘‘(3) The term ‘objective inspection’ means an 

11 inspection conducted using only inspection methods 

12 based on science-based protocols (including swabbing 

13 or blood testing protocols) that— 

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

15 are capable of producing scientifically reliable, 

16 reproducible results; 

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

18 and 

19 ‘‘(C) have received acceptance in the vet20 erinary or other applicable scientific commu21 nity.’’. 


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1 SEC. 3. INCREASING PROTECTIONS FOR HORSES PARTICI2 PATING IN HORSE SHOWS, EXHIBITIONS, OR 

3 SALES OR AUCTIONS. 

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

5 Act (15 U.S.C. 1822) is amended— 

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

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

8 (2) by inserting after paragraph (3) the fol9 lowing: 

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

11 of Agriculture has determined that the program 

12 through which the Secretary inspects horses is not 

13 adequate to ensure compliance with this Act;’’. 

14 (b) HORSE SHOWS AND EXHIBITIONS.—Section 4 of 

15 the Horse Protection Act (15 U.S.C. 1823) is amended— 

16 (1) by striking subsection (a) and inserting the 

17 following: 

18 ‘‘(a) DISQUALIFICATION OF HORSES.— 

19 ‘‘(1) IN GENERAL.—In addition to being subject 

20 to applicable criminal or civil penalties authorized 

21 under section 6, the management of any horse show 

22 or horse exhibition shall disqualify any horse from 

23 being shown or exhibited— 

24 ‘‘(A) which, upon objective testing, is de25 termined to be sore; or 


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1 ‘‘(B) if the management has been notified 

2 that the horse is sore by— 

3 ‘‘(i) a person appointed in accordance 

4 with regulations prescribed under sub5 section (c); or 

6 ‘‘(ii) the Secretary. 

7 ‘‘(2) DURATION OF DISQUALIFICATION.—In ad8 dition to any other requirements or penalties im9 posed under this Act, any horse that has been deter10 mined to be sore by objective testing shall be dis11 qualified from being shown or exhibited for— 

12 ‘‘(A) a period of not less than 30 days for 

13 the first such determination; and 

14 ‘‘(B) a period of 90 days for a second de15 termination and any subsequent determina16 tion.’’; and 

17 (2) by striking subsection (c) and inserting the 

18 following: 

19 ‘‘(c) APPOINTMENT OF INSPECTORS; MANNER OF IN20 SPECTIONS.— 

21 ‘‘(1) ESTABLISHMENT OF HORSE INDUSTRY OR22 GANIZATION.— 

23 ‘‘(A) IN GENERAL.—Not later than 180 

24 days after the date of the enactment of the 

25 Horse Protection Amendments Act of 2015, the 


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1 Secretary shall prescribe, by regulation, the es2 tablishment of the Horse Industry Organiza3 tion, which shall be governed by a board con4 sisting of not more than 9 individuals, who 

5 shall be appointed in accordance with subpara6 graphs (B) and (C). 

7 ‘‘(B) MEMBERS.—Of the 9 members con8 stituting the Horse Industry Organization 

9 Board— 

10 ‘‘(i) 2 members shall be appointed by 

11 the Commissioner of Agriculture for the 

12 State of Tennessee to serve for a term of 

13 4 years; 

14 ‘‘(ii) 2 members shall be appointed by 

15 the Commissioner of Agriculture for the 

16 Commonwealth of Kentucky to serve for a 

17 term of 4 years; 

18 ‘‘(iii) 2 members shall represent the 

19 Tennessee Walking Horse industry and 

20 shall be appointed from within such indus21 try by the members appointed pursuant to 

22 clauses (i) and (ii), in accordance with a 

23 process developed by such members, to 

24 serve for an initial term of 3 years; and 


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1 ‘‘(iv) not more than 3 members shall 

2 be appointed by the 6 members appointed 

3 pursuant to clauses (i) through (iii) to 

4 serve for a term of 4 years. 

5 ‘‘(C) QUORUM; VACANCIES.— 

6 ‘‘(i) QUORUM.—Five members of the 

7 Horse Industry Organization Board shall 

8 constitute a quorum for the transaction of 

9 business. 

10 ‘‘(ii) EFFECT OF VACANCY.—A va11 cancy on the Horse Industry Organization 

12 Board shall not impair the authority of the 

13 Board. 

14 ‘‘(iii) SUBSEQUENT APPOINTMENTS.— 

15 Subsequent appointments, including re16 appointments of existing Board members, 

17 shall be made in accordance with subpara18 graph (B), except that all such appoint19 ments shall be for a term of 4 years. 

20 ‘‘(iv) BYLAWS.—The members of the 

21 Horse Industry Organization Board, in 

22 consultation with the Secretary, shall de23 velop bylaws and other policies for oper24 ations, the establishment of committees, 

25 and filling vacancies on the Board. 


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1 ‘‘(D) TERMINATION.—Section 14(a)(2)(B) 

2 of the Federal Advisory Committee Act (5 

3 U.S.C. App.) shall not apply to the Horse In4 dustry Organization. 

5 ‘‘(E) LICENSING REQUIREMENTS.— 

6 ‘‘(i) IN GENERAL.—The Horse Indus7 try Organization shall establish require8 ments to appoint persons qualified— 

9 ‘‘(I) to detect and diagnose a 

10 horse which is sore; or 

11 ‘‘(II) to otherwise inspect horses 

12 for the purposes of enforcing this Act. 

13 ‘‘(ii) CONFLICTS OF INTEREST.—Re14 quirements established pursuant to clause 

15 (i) shall require any person appointed by 

16 the Horse Industry Organization Board, or 

17 a member of the immediate family of such 

18 a person, to be free from conflicts of inter19 est, by reason of any association or connec20 tion with the walking horse industry, in21 cluding— 

22 ‘‘(I) through employment by, or 

23 the provision of any services to, any 

24 show manager, trainer, owner, or ex25 hibitor of Tennessee Walking horses, 


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1 Spotted Saddle horses, or Racking 

2 horses; and 

3 ‘‘(II) training, exhibiting, shoe4 ing, breeding, or selling Tennessee 

5 Walking horses, Spotted Saddle 

6 horses, or Racking horses. 

7 ‘‘(F) CERTIFICATION.— 

8 ‘‘(i) CERTIFICATION.—After the mem9 bers of the Horse Industry Organization 

10 Board have been appointed pursuant to 

11 subparagraph (B), the Secretary shall cer12 tify the Horse Industry Organization in ac13 cordance with section 11.7 of title 9, Code 

14 of Federal Regulations (Certification and 

15 licensing of designated qualified persons), 

16 including the training of inspectors. 

17 ‘‘(ii) REVOCATION OF CERTIFI18 CATION.—Not later than 90 days after the 

19 date on which the Horse Industry Organi20 zation is established pursuant to this para21 graph, the Secretary shall revoke the cer22 tification issued to any other horse indus23 try organization under section 11.7 of title 

24 9, Code of Federal Regulations (or any 


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1 successor regulation), as in effect on such 

2 date. 

3 ‘‘(2) RESPONSIBILITIES OF HORSE INDUSTRY

4 ORGANIZATION.—The Horse Industry Organization 

5 shall— 

6 ‘‘(A) establish a formal affiliation with the 

7 management of each horse sale, horse exhi8 bition, and horse sale or auction; 

9 ‘‘(B) appoint inspectors to conduct inspec10 tions at each such show, exhibition, and sale or 

11 auction; 

12 ‘‘(C) identify and contract with equine vet13 erinary experts to advise the Horse Industry 

14 Organization Board on— 

15 ‘‘(i) objective scientific testing meth16 ods and procedures; and 

17 ‘‘(ii) the certification of testing re18 sults; and 

19 ‘‘(D) otherwise ensure compliance with this 

20 Act, in coordination with the Secretary.’’. 

21 (c) UNLAWFUL ACTS.—Section 5 of the Horse Pro22 tection Act (15 U.S.C. 1824) is amended— 

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

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

25 this Act’’ and inserting ‘‘establish a formal affiliVerDate Sep 11 2014 00:21 May 09, 2015 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1161.IS S1161

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1 ation with the Horse Industry Organization under 

2 section 4(c)(2)(A)’’; 

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

4 retain a qualified person in accordance with section 

5 4(c) of this Act’’ and inserting ‘‘establish a formal 

6 affiliation with the Horse Industry Organization 

7 under section 4(c)(2)(A)’’; 

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

9 and retained a person in accordance with section 

10 4(c) of this Act’’ and inserting ‘‘established a formal 

11 affiliation with the Horse Industry Organization 

12 under section 4(c)(2)(A)’’; and 

13 (4) in paragraph (6)— 

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

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

16 Act’’ and inserting ‘‘established a formal affili17 ation with the Horse Industry Organization 

18 under section 4(c)(2)(A)’’; and 

19 (B) by striking ‘‘such person or the Sec20 retary’’ and inserting ‘‘a person licensed by the 

21 Horse Industry Organization’’. 

22 SEC. 4. RULEMAKING. 

23 Not later than 180 days after the date of the enact24 ment of this Act, the Secretary of Agriculture shall issue 


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1 regulations to carry out the amendments made by this 

2 Act. 

Æ 


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