I 

117TH CONGRESS 

1ST SESSION H. R. 6341 

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 HOUSE OF REPRESENTATIVES 

DECEMBER 23, 2021 

Mr. DESJARLAIS (for himself and Mr. ROSE) 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, 

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 2021’’. 

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 consists of, at a minimum, swabbing and 

21 blood testing, and that— 

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

23 capable of producing scientifically reliable and 

24 reproducible results; 


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

2 and 

3 ‘‘(C) 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 2021, 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) two shall be appointed by 

17 the Commissioner of Agriculture for 

18 the State of Tennessee; 

19 ‘‘(II) two shall be appointed by 

20 the Commissioner of Agriculture for 

21 the State of Kentucky; 

22 ‘‘(III) two 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 three shall 

7 be appointed by the members ap8 pointed under subclauses (I) through 

9 (III). 

10 ‘‘(ii) QUORUM.—Five members of the 

11 Board shall constitute a quorum for the 

12 transaction of business. 

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

14 Board, in consultation with the Secretary, 

15 shall develop bylaws and other policies to 

16 operate the Organization, establish com17 mittees, and fill vacancies on the Board. 

18 ‘‘(C) VACANCIES; PERIOD OF APPOINT19 MENT.— 

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

21 Board— 

22 ‘‘(I) shall not impair the author23 ity of the Board; and 


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1 ‘‘(II) shall be filled as soon as 

2 practicable in the same manner as the 

3 original appointment. 

4 ‘‘(ii) PERIOD OF APPOINTMENT.— 

5 ‘‘(I) IN GENERAL.—Except as 

6 provided in subclause (II), a member 

7 of the Board shall be appointed for a 

8 term of 4 years. 

9 ‘‘(II) INITIAL APPOINTMENTS.— 

10 Of the members first appointed to the 

11 Board, the members described in sub12 paragraph (B)(i)(III) shall be ap13 pointed for an initial term of 3 years. 

14 ‘‘(2) RESPONSIBILITIES.—The Organization 

15 shall— 

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

17 management of each horse sale, horse exhi18 bition, horse sale, and horse auction; 

19 ‘‘(B) appoint inspectors to conduct inspec20 tions at each horse sale, horse exhibition, horse 

21 sale, and horse auction; 

22 ‘‘(C) identify and contract with equine vet23 erinary experts to advise the Board on— 


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1 ‘‘(i) objective scientific testing meth2 ods and procedures for objective inspec3 tions; and 

4 ‘‘(ii) the certification of objective in5 spection results; 

6 ‘‘(D) establish licensing requirements 

7 under paragraph (3); and 

8 ‘‘(E) take any other action to ensure com9 pliance with this Act, as determined in coordi10 nation with the Secretary. 

11 ‘‘(3) LICENSING REQUIREMENTS.— 

12 ‘‘(A) IN GENERAL.—The Organization 

13 shall develop licensing requirements to submit 

14 to the Secretary for licensing persons quali15 fied— 

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

17 that is sore; or 

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

19 the purpose of enforcing this Act. 

20 ‘‘(B) CONFLICTS OF INTEREST.—Require21 ments developed under subparagraph (A) shall 

22 include the requirement that any person li23 censed by the Organization, and any member of 

24 the immediate family of any person licensed by 

25 the Organization, is free from a conflict of inVerDate Sep 11 2014 21:05 Dec 23, 2021 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6341.IH H6341

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1 terest by reason of any association or connec2 tion with the walking horse industry, including 

3 through— 

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

5 of any service to, any show manager, train6 er, owner, or exhibitor of a Tennessee 

7 Walking horse, Spotted Saddle horse, or 

8 Racking horse; and 

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

10 breeding, or selling a Tennessee Walking 

11 horse, Spotted Saddle horse, or Racking 

12 horse. 

13 ‘‘(4) CERTIFICATION.— 

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

15 the Board described in subclauses (I) through 

16 (III) of paragraph (1)(B)(i) have been ap17 pointed, the Secretary shall certify the Organi18 zation to train and license individuals, including 

19 inspectors, as designated qualified persons in 

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

21 of Federal Regulations (or successor regula22 tions). 

23 ‘‘(B) REVOCATION OF CERTIFICATION.— 

24 Not later than 90 days after the date on which 

25 the Secretary certifies the Organization under 


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1 subparagraph (A), the Secretary shall revoke 

2 the certification issued to any other horse in3 dustry organization under section 11.7 of title 

4 9, Code of Federal Regulations (or successor 

5 regulations). 

6 ‘‘(5) FEDERAL ADVISORY COMMITTEE ACT EX7 EMPTION.—Section 14(a)(2)(B) of the Federal Advi8 sory Committee Act (5 U.S.C. App.) shall not apply 

9 to the Organization.’’; 

10 (4) in subsection (d), by striking ‘‘(d) The man11 agement’’ and inserting the following: 

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

13 (5) in subsection (e), by striking ‘‘(e) For pur14 poses of’’ and inserting the following: 

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

16 (b) UNLAWFUL ACTS.—Section 5 of the Horse Pro17 tection Act (15 U.S.C. 1824) is amended— 

18 (1) by striking the section designation and all 

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

20 preceding paragraph (1) and inserting the following: 

21 ‘‘SEC. 5. PROHIBITED CONDUCT. 

22 ‘‘The following’’; 

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

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


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

2 with the Horse Industry Organization’’; 

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

4 retain a qualified person in accordance with section 

5 4(c) of this Act’’ and inserting ‘‘have a formal affili6 ation with the Horse Industry Organization’’; 

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

8 and retained a person in accordance with section 

9 4(c) of this Act’’ and inserting ‘‘a formal affiliation 

10 with the Horse Industry Organization’’; and 

11 (5) in paragraph (6)— 

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

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

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

15 the Horse Industry Organization’’; and 

16 (B) by striking ‘‘such person or the Sec17 retary’’ and inserting ‘‘a person licensed by the 

18 Horse Industry Organization’’. 

19 SEC. 5. RULEMAKING. 

20 Not later than 180 days after the date of enactment 

21 of this Act, the Secretary of Agriculture shall issue regula22 tions to carry out the amendments made by this Act. 

Æ 


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