II 

117TH CONGRESS 

2D SESSION S. 4005 

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 

APRIL 5, 2022 

Mr. HAGERTY (for himself, Mrs. BLACKBURN, 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, 

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 ‘‘Protecting Horses 

5 from Soring Act of 2022’’. 

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 by 

18 a veterinarian or veterinarian technician using only 

19 an inspection method based on a science-based pro20 tocol that— 

21 ‘‘(A) consists of, at a minimum, swabbing 

22 and blood testing; 

23 ‘‘(B) has been the subject of testing and is 

24 capable of producing scientifically reliable and 

25 reproducible results; 


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1 ‘‘(C) has been subjected to peer review; 

2 and 

3 ‘‘(D) has received acceptance in the veteri4 nary or other applicable scientific community, 

5 as determined by the Secretary.’’. 

6 SEC. 3. FINDINGS. 

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

8 1822) is amended— 

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

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

11 (2) by inserting after paragraph (3) the fol12 lowing: 

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

14 of Agriculture has determined that the program 

15 through which the Secretary inspects horses is not 

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

17 SEC. 4. INCREASING PROTECTIONS FOR HORSES PARTICI18 PATING IN HORSE SHOWS, EXHIBITIONS, 

19 SALES, OR AUCTIONS. 

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

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

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

23 following: 

24 ‘‘(a) DISQUALIFICATION OF HORSES.— 


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

2 horse show or horse exhibition shall disqualify any 

3 horse from being shown or exhibited if— 

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

5 an objective inspection; or 

6 ‘‘(B) the management has been notified 

7 that the horse is sore by— 

8 ‘‘(i) a person licensed under sub9 section (c)(3)(A); or 

10 ‘‘(ii) the Secretary. 

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

12 horse that is determined to be sore by an objective 

13 inspection shall be disqualified from being shown or 

14 exhibited— 

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

16 if it is the first determination; and 

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

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

19 (2) in subsection (b)— 

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

21 and inserting the following: 

22 ‘‘(b) PROHIBITION ON SALE, AUCTION, AND EXHI23 BITION.—The management’’; 

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

25 following: 


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1 ‘‘(c) HORSE INDUSTRY ORGANIZATION.— 

2 ‘‘(1) ESTABLISHMENT.— 

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

4 days after the date of enactment of the Pro5 tecting Horses from Soring Act of 2022, the 

6 Secretary shall establish an organization, to be 

7 known as the ‘Horse Industry Organization’ 

8 (referred to in this subsection as ‘the Organiza9 tion’). 

10 ‘‘(B) BOARD.— 

11 ‘‘(i) IN GENERAL.—The Organization 

12 shall be governed by a board (referred to 

13 in this subsection as ‘the Board’) con14 sisting of not more than 9 individuals, of 

15 whom— 

16 ‘‘(I) 2 shall be appointed by the 

17 Commissioner of Agriculture for the 

18 State of Tennessee; 

19 ‘‘(II) 2 shall be appointed by the 

20 Commissioner of Agriculture for the 

21 State of Kentucky; 

22 ‘‘(III) 2 shall— 

23 ‘‘(aa) represent the Ten24 nessee Walking Horse industry; 

25 and 


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1 ‘‘(bb) be appointed by the 

2 members appointed under sub3 clauses (I) and (II), in accord4 ance with a process developed by 

5 those members; and 

6 ‘‘(IV) not more than 3 shall be 

7 appointed by the members appointed 

8 under subclauses (I) through (III). 

9 ‘‘(ii) QUORUM.—5 members of the 

10 Board shall constitute a quorum for the 

11 transaction of business. 

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

13 Board, in consultation with the Secretary, 

14 shall develop bylaws and other policies to 

15 operate the Organization, establish com16 mittees, and fill vacancies on the Board. 

17 ‘‘(C) VACANCIES; PERIOD OF APPOINT18 MENT.— 

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

20 Board— 

21 ‘‘(I) shall not impair the author22 ity of the Board; and 

23 ‘‘(II) shall be filled as soon as 

24 practicable in the same manner as the 

25 original appointment. 


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1 ‘‘(ii) PERIOD OF APPOINTMENT.— 

2 ‘‘(I) IN GENERAL.—Except as 

3 provided in subclause (II), a member 

4 of the Board shall be appointed for a 

5 term of 4 years. 

6 ‘‘(II) INITIAL APPOINTMENTS.— 

7 Of the members first appointed to the 

8 Board, the members described in sub9 paragraph (B)(i)(III) shall be ap10 pointed for an initial term of 3 years. 

11 ‘‘(2) RESPONSIBILITIES.—The Organization 

12 shall— 

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

14 management of each horse sale, horse exhi15 bition, horse sale, and horse auction; 

16 ‘‘(B) appoint inspectors to conduct inspec17 tions at each horse sale, horse exhibition, horse 

18 sale, and horse auction; 

19 ‘‘(C) identify and contract with equine vet20 erinary experts to advise the Board on— 

21 ‘‘(i) objective scientific testing meth22 ods and procedures for objective inspec23 tions; and 

24 ‘‘(ii) the certification of objective in25 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 

25 of any service to, any show manager, trainVerDate Sep 11 2014 22:13 Apr 06, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4005.IS S4005

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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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