II 

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. 

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 2019’’. 

6 SEC. 2. DEFINITIONS. 

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

8 1821) is amended— 


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1 (1) by striking the section designation and all 

2 that follows through ‘‘requires:’’ in the matter pre3 ceding paragraph (1) and inserting the following: 

4 ‘‘SEC. 2. DEFINITIONS. 

5 ‘‘In this Act:’’; 

6 (2) by redesignating paragraphs (1), (2), (3), 

7 and (4) as paragraphs (2), (4), (5), and (6), respec8 tively; 

9 (3) by inserting before paragraph (2) (as so re10 designated) the following: 

11 ‘‘(1) HORSE INDUSTRY ORGANIZATION.—The 

12 term ‘Horse Industry Organization’ means the orga13 nization established under section 4(c)(1)(A).’’; and 

14 (4) by inserting after paragraph (2) (as so re15 designated) the following: 

16 ‘‘(3) OBJECTIVE INSPECTION.—The term ‘ob17 jective inspection’ means an inspection conducted 

18 using only an inspection method based on a science19 based protocol (including swabbing or blood testing 

20 protocol) that— 

21 ‘‘(A) has been the subject of testing and is 

22 capable of producing scientifically reliable and 

23 reproducible results; 

24 ‘‘(B) has been subjected to peer review; 

25 and 


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1 ‘‘(C) has received acceptance in the veteri2 nary or other applicable scientific community, 

3 as determined by the Secretary.’’. 

4 SEC. 3. FINDINGS. 

5 Section 3 of the Horse Protection Act (15 U.S.C. 

6 1822) is amended— 

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

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

9 (2) by inserting after paragraph (3) the fol10 lowing: 

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

12 of Agriculture has determined that the program 

13 through which the Secretary inspects horses is not 

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

15 SEC. 4. INCREASING PROTECTIONS FOR HORSES PARTICI16 PATING IN HORSE SHOWS, EXHIBITIONS, 

17 SALES, OR AUCTIONS. 

18 (a) HORSE SHOWS AND EXHIBITIONS.—Section 4 of 

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

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

21 following: 

22 ‘‘(a) DISQUALIFICATION OF HORSES.— 

23 ‘‘(1) IN GENERAL.—The management of any 

24 horse show or horse exhibition shall disqualify any 

25 horse from being shown or exhibited if— 


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1 ‘‘(A) the horse is determined to be sore by 

2 an objective inspection; or 

3 ‘‘(B) the management has been notified 

4 that the horse is sore by— 

5 ‘‘(i) a person licensed under sub6 section (c)(3)(A); or 

7 ‘‘(ii) the Secretary. 

8 ‘‘(2) DURATION OF DISQUALIFICATION.—Any 

9 horse that is determined to be sore by an objective 

10 inspection shall be disqualified from being shown or 

11 exhibited— 

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

13 if it is the first determination; and 

14 ‘‘(B) for a period of not less than 90 days 

15 if it is a second or subsequent determination.’’; 

16 (2) in subsection (b)— 

17 (A) by striking ‘‘(b) The management’’ 

18 and inserting the following: 

19 ‘‘(b) PROHIBITION ON SALE, AUCTION, AND EXHI20 BITION.—The management’’; 

21 (3) by striking subsection (c) and inserting the 

22 following: 

23 ‘‘(c) HORSE INDUSTRY ORGANIZATION.— 

24 ‘‘(1) ESTABLISHMENT.— 


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

2 days after the date of enactment of the Horse 

3 Protection Amendments Act of 2019, the Sec4 retary shall establish an organization, to be 

5 known as the ‘Horse Industry Organization’ 

6 (referred to in this subsection as ‘the Organiza7 tion’). 

8 ‘‘(B) BOARD.— 

9 ‘‘(i) IN GENERAL.—The Organization 

10 shall be governed by a board (referred to 

11 in this subsection as ‘the Board’) con12 sisting of not more than 9 individuals, of 

13 whom— 

14 ‘‘(I) two shall be appointed by 

15 the Commissioner of Agriculture for 

16 the State of Tennessee; 

17 ‘‘(II) two shall be appointed by 

18 the Commissioner of Agriculture for 

19 the State of Kentucky; 

20 ‘‘(III) two shall— 

21 ‘‘(aa) represent the Ten22 nessee Walking Horse industry; 

23 and 

24 ‘‘(bb) be appointed by the 

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1 clauses (I) and (II), in accord2 ance with a process developed by 

3 those members; and 

4 ‘‘(IV) not more than three shall 

5 be appointed by the members ap6 pointed under subclauses (I) through 

7 (III). 

8 ‘‘(ii) QUORUM.—Five members of the 

9 Board shall constitute a quorum for the 

10 transaction of business. 

11 ‘‘(iii) BYLAWS.—The members of the 

12 Board, in consultation with the Secretary, 

13 shall develop bylaws and other policies to 

14 operate the Organization, establish com15 mittees, and fill vacancies on the Board. 

16 ‘‘(C) VACANCIES; PERIOD OF APPOINT17 MENT.— 

18 ‘‘(i) VACANCIES.—Any vacancy on the 

19 Board— 

20 ‘‘(I) shall not impair the author21 ity of the Board; and 

22 ‘‘(II) shall be filled as soon as 

23 practicable in the same manner as the 

24 original appointment. 

25 ‘‘(ii) PERIOD OF APPOINTMENT.— 


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1 ‘‘(I) IN GENERAL.—Except as 

2 provided in subclause (II), a member 

3 of the Board shall be appointed for a 

4 term of 4 years. 

5 ‘‘(II) INITIAL APPOINTMENTS.— 

6 Of the members first appointed to the 

7 Board, the members described in sub8 paragraph (B)(i)(III) shall be ap9 pointed for an initial term of 3 years. 

10 ‘‘(2) RESPONSIBILITIES.—The Organization 

11 shall— 

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

13 management of each horse sale, horse exhi14 bition, horse sale, and horse auction; 

15 ‘‘(B) appoint inspectors to conduct inspec16 tions at each horse sale, horse exhibition, horse 

17 sale, and horse auction; 

18 ‘‘(C) identify and contract with equine vet19 erinary experts to advise the Board on— 

20 ‘‘(i) objective scientific testing meth21 ods and procedures for objective inspec22 tions; and 

23 ‘‘(ii) the certification of objective in24 spection results; 


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1 ‘‘(D) establish licensing requirements 

2 under paragraph (3); and 

3 ‘‘(E) take any other action to ensure com4 pliance with this Act, as determined in coordi5 nation with the Secretary. 

6 ‘‘(3) LICENSING REQUIREMENTS.— 

7 ‘‘(A) IN GENERAL.—The Organization 

8 shall develop licensing requirements to submit 

9 to the Secretary for licensing persons quali10 fied— 

11 ‘‘(i) to detect and diagnose a horse 

12 that is sore; or 

13 ‘‘(ii) to otherwise inspect a horse for 

14 the purpose of enforcing this Act. 

15 ‘‘(B) CONFLICTS OF INTEREST.—Require16 ments developed under subparagraph (A) shall 

17 include the requirement that any person li18 censed by the Organization, and any member of 

19 the immediate family of any person licensed by 

20 the Organization, is free from a conflict of in21 terest by reason of any association or connec22 tion with the walking horse industry, including 

23 through— 

24 ‘‘(i) employment by, or the provision 

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1 er, owner, or exhibitor of a Tennessee 

2 Walking horse, Spotted Saddle horse, or 

3 Racking horse; and 

4 ‘‘(ii) training, exhibiting, shoeing, 

5 breeding, or selling a Tennessee Walking 

6 horse, Spotted Saddle horse, or Racking 

7 horse. 

8 ‘‘(4) CERTIFICATION.— 

9 ‘‘(A) IN GENERAL.—After the members of 

10 the Board described in subclauses (I) through 

11 (III) of paragraph (1)(B)(i) have been ap12 pointed, the Secretary shall certify the Organi13 zation to train and license individuals, including 

14 inspectors, as designated qualified persons in 

15 accordance with section 11.7(b) of title 9, Code 

16 of Federal Regulations (or successor regula17 tions). 

18 ‘‘(B) REVOCATION OF CERTIFICATION.— 

19 Not later than 90 days after the date on which 

20 the Secretary certifies the Organization under 

21 subparagraph (A), the Secretary shall revoke 

22 the certification issued to any other horse in23 dustry organization under section 11.7 of title 

24 9, Code of Federal Regulations (or successor 

25 regulations). 


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1 ‘‘(5) FEDERAL ADVISORY COMMITTEE ACT EX2 EMPTION.—Section 14(a)(2)(B) of the Federal Advi3 sory Committee Act (5 U.S.C. App.) shall not apply 

4 to the Organization.’’; 

5 (4) in subsection (d), by striking ‘‘(d) The man6 agement’’ and inserting the following: 

7 ‘‘(d) RECORDKEEPING.—The management’’; and 

8 (5) in subsection (e), by striking ‘‘(e) For pur9 poses of’’ and inserting the following: 

10 ‘‘(e) RIGHT OF INSPECTION.—For purposes of’’. 

11 (b) UNLAWFUL ACTS.—Section 5 of the Horse Pro12 tection Act (15 U.S.C. 1824) is amended— 

13 (1) by striking the section designation and all 

14 that follows through ‘‘The following’’ in the matter 

15 preceding paragraph (1) and inserting the following: 

16 ‘‘SEC. 5. PROHIBITED CONDUCT. 

17 ‘‘The following’’; 

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

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

20 this Act’’ and inserting ‘‘have a formal affiliation 

21 with the Horse Industry Organization’’; 

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

23 retain a qualified person in accordance with section 

24 4(c) of this Act’’ and inserting ‘‘have a formal affili25 ation with the Horse Industry Organization’’; 


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1 (4) in paragraph (5), by striking ‘‘appointed 

2 and retained a person in accordance with section 

3 4(c) of this Act’’ and inserting ‘‘a formal affiliation 

4 with the Horse Industry Organization’’; and 

5 (5) in paragraph (6)— 

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

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

8 Act’’ and inserting ‘‘a formal affiliation with 

9 the Horse Industry Organization’’; and 

10 (B) by striking ‘‘such person or the Sec11 retary’’ and inserting ‘‘a person licensed by the 

12 Horse Industry Organization’’. 

13 SEC. 5. RULEMAKING. 

14 Not later than 180 days after the date of enactment 

15 of this Act, the Secretary of Agriculture shall issue regula16 tions to carry out the amendments made by this Act. 

Æ 


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