I 
114TH CONGRESS 
1ST SESSION H. R. 3268 
To amend the Horse Protection Act to designate additional unlawful acts 
under the Act, strengthen penalties for violations of the Act, improve 
Department of Agriculture enforcement of the Act, and for other pur-
poses. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 28, 2015 
Mr. YOHO (for himself, Mr. SCHRADER, Mr. FITZPATRICK, Mr. COHEN, Mr. 
JOLLY, Ms. SCHAKOWSKY, Mr. BUCHANAN, Ms. SLAUGHTER, Mr. COL-
LINS of New York, Mr. YARMUTH, Mr. LOBIONDO, Ms. DELBENE, Mr. 
MARINO, Mr. FARR, Mr. JONES, Mr. HECK of Washington, Mr. SMITH 
of New Jersey, Ms. DELAURO, Mr. WILLIAMS, Mrs. KIRKPATRICK, Mr. 
DENHAM, Mr. WELCH, Mr. BRAT, Mr. SARBANES, Mr. SMITH of Texas, 
Mr. BLUMENAUER, Mr. CRENSHAW, Ms. JACKSON LEE, Mr. GIBSON, Mr. 
LEVIN, Mr. MEADOWS, Ms. DEGETTE, Mr. RODNEY DAVIS of Illinois, 
Mr. BEN RAY LUJA´N of New Mexico, Mr. BARLETTA, Mr. QUIGLEY, Mr. 
MICA, Mr. DEUTCH, Mr. LANCE, Mr. PRICE of North Carolina, Mr. 
POSEY, Ms. MCCOLLUM, Mr. MEEHAN, Mr. MCGOVERN, Mr. ROSKAM, 
Mr. VELA, Mr. COSTELLO of Pennsylvania, Mr. KEATING, Mr. JOYCE, 
Mrs. LOWEY, Mr. HECK of Nevada, Mr. VARGAS, Mr. FORBES, Mr. CON-
NOLLY, Mr. YODER, Mr. PETERS, Mr. HUNTER, Mr. ENGEL, Mr. SALM-
ON, Ms. MICHELLE LUJAN GRISHAM of New Mexico, Mr. SCHWEIKERT, 
Ms. SINEMA, Mr. CHABOT, Mr. GRIJALVA, Mr. CALVERT, Mrs. DAVIS of 
California, Mr. DONOVAN, Ms. PINGREE, Mrs. WALORSKI, Mr. CART-
WRIGHT, Mr. FARENTHOLD, Mr. POCAN, Mr. RIBBLE, Ms. MENG, Mr. 
JOHNSON of Ohio, Ms. NORTON, Mr. DIAZ-BALART, Mr. WALZ, Mr. 
HUDSON, Mr. LARSEN of Washington, Mr. HANNA, Ms. ESHOO, Mr. 
VALADAO, Mr. VAN HOLLEN, Mr. FLORES, Mr. ISRAEL, Mr. WITTMAN, 
Ms. FRANKEL of Florida, Mr. COOK, Mr. LANGEVIN, Mr. TURNER, Ms. 
WILSON of Florida, Ms. MCSALLY, Mr. KILMER, Ms. GRANGER, Mr. 
GUTIE´RREZ, Mr. NUGENT, Ms. BORDALLO, Mr. PERRY, Mr. GRAYSON, 
Mr. KING of New York, Mr. SEAN PATRICK MALONEY of New York, Mr. 
KELLY of Pennsylvania, Mr. PALLONE, Mr. DOLD, Mr. HONDA, Mr. 
FORTENBERRY, and Mrs. BEATTY) introduced the following bill; which 
was referred to the Committee on Energy and Commerce 
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(A) by inserting ‘‘and soring horses for 
such purposes’’ after ‘‘horses in intrastate com-
merce’’; and 
(B) by inserting ‘‘in many ways, including 
by creating unfair competition, by deceiving the 
spectating public and horse buyers, and by neg-
atively impacting horse sales’’ before the semi-
colon; 
(2) in paragraph (4), by striking ‘‘and’’ at the 
end; 
(3) in paragraph (5), by striking the period at 
the end and inserting a semicolon; and 
(4) by adding at the end the following new 
paragraphs: 
‘‘(6) the Inspector General of the Department 
of Agriculture has determined that the program 
through which the Secretary inspects horses is inad-
equate for preventing soring; 
‘‘(7) historically, Tennessee Walking Horses, 
Racking Horses, and Spotted Saddle Horses have 
been subjected to soring; and 
‘‘(8) despite regulations in effect related to in-
spection for purposes of ensuring that horses are not 
sore, violations of this Act continue to be prevalent 
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in the Tennessee Walking Horse, Racking Horse, 
and Spotted Saddle Horse breeds.’’. 
(c) HORSE SHOWS AND EXHIBITIONS.—Section 4 of 
the Horse Protection Act (15 U.S.C. 1823) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘appointed’’ and inserting 
‘‘licensed’’; and 
(B) by adding at the end the following new 
sentences: ‘‘In the first instance in which the 
Secretary determines that a horse is sore, the 
Secretary shall disqualify the horse from being 
shown or exhibited for a period of not less than 
180 days. In the second instance in which the 
Secretary determines that such horse is sore, 
the Secretary shall disqualify the horse for a 
period of not less than one year. In the third 
instance in which the Secretary determines that 
such horse is sore, the Secretary shall disqualify 
the horse for a period of not less than three 
years.’’; 
(2) in subsection (b) by striking ‘‘appointed’’ 
and inserting ‘‘licensed’’; 
(3) by striking subsection (c) and inserting the 
following new subsection: 
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‘‘(c)(1)(A) The Secretary shall prescribe by regula-
tion requirements for the Department of Agriculture to 
license, train, assign, and oversee persons qualified to de-
tect and diagnose a horse which is sore or to otherwise 
inspect horses at horse shows, horse exhibitions, or horse 
sales or auctions, for hire by the management of such 
events, for the purposes of enforcing this Act. 
‘‘(B) No person shall be issued a license under this 
subsection unless such person is free from conflicts of in-
terest, as defined by the Secretary in the regulations 
issued under subparagraph (A). 
‘‘(C) If the Secretary determines that the perform-
ance of a person licensed in accordance with subparagraph 
(A) is unsatisfactory, the Secretary may, after notice and 
an opportunity for a hearing, revoke the license issued to 
such person. 
‘‘(D) In issuing licenses under this subsection, the 
Secretary shall give a preference to persons who are li-
censed or accredited veterinarians. 
‘‘(E) Licensure of a person in accordance with the 
requirements prescribed under this subsection shall not be 
construed as authorizing such person to conduct inspec-
tions in a manner other than that prescribed for inspec-
tions by the Secretary (or the Secretary’s representative) 
under subsection (e). 
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‘‘(2)(A) Not later than 30 days before the date on 
which a horse show, horse exhibition, or horse sale or auc-
tion begins, the management of such show, exhibition, or 
sale or auction may notify the Secretary of the intent of 
the management to hire a person or persons licensed 
under this subsection and assigned by the Secretary to 
conduct inspections at such show, exhibition, or sale or 
auction. 
‘‘(B) After such notification, the Secretary shall as-
sign a person or persons licensed under this subsection 
to conduct inspections at the horse show, horse exhibition, 
or horse sale or auction. 
‘‘(3) A person licensed by the Secretary to conduct 
inspections under this subsection shall issue a citation 
with respect to any violation of this Act recorded during 
an inspection and notify the Secretary of each such viola-
tion not later than five days after the date on which a 
citation was issued with respect to such violation.’’; and 
(4) by adding at the end the following new sub-
section: 
‘‘(f) The Secretary shall publish on the public website 
of the Animal and Plant Health Inspection Service of the 
Department of Agriculture, and update as frequently as 
the Secretary determines is necessary, information on vio-
lations of this Act for the purposes of allowing the man-
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agement of a horse show, horse exhibition, or horse sale 
or auction to determine if an individual is in violation of 
this Act.’’. 
(d) UNLAWFUL ACTS.—Section 5 of the Horse Pro-
tection Act (15 U.S.C. 1824) is amended— 
(1) in paragraph (2)— 
(A) by striking ‘‘or (C) respecting’’ and in-
serting ‘‘(C), or (D) respecting’’; and 
(B) by striking ‘‘and (D)’’ and inserting 
‘‘(D) causing a horse to become sore or direct-
ing another person to cause a horse to become 
sore for the purpose of showing, exhibiting, sell-
ing, auctioning, or offering for sale the horse in 
any horse show, horse exhibition, or horse sale 
or auction, and (E)’’; 
(2) in paragraph (3), by striking ‘‘appoint’’ and 
inserting ‘‘hire’’; 
(3) in paragraph (4)— 
(A) by striking ‘‘appoint’’ and inserting 
‘‘hire’’; and 
(B) by striking ‘‘qualified’’; 
(4) in paragraph (5), by striking ‘‘appointed’’ 
and inserting ‘‘hired’’; 
(5) in paragraph (6)— 
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(A) by striking ‘‘appointed’’ and inserting 
‘‘hired’’; and 
(B) by inserting ‘‘that the horse is sore’’ 
after ‘‘the Secretary’’; and 
(6) by adding at the end the following new 
paragraphs: 
‘‘(12) The use of an action device on any limb 
of a Tennessee Walking Horse, a Racking Horse, or 
a Spotted Saddle Horse at a horse show, horse exhi-
bition, or horse sale or auction. 
‘‘(13) The use of a weighted shoe, pad, wedge, 
hoof band, or other device or material at a horse 
show, horse exhibition, or horse sale or auction 
that— 
‘‘(A) is placed on, inserted in, or attached 
to any limb of a Tennessee Walking Horse, a 
Racking Horse, or a Spotted Saddle Horse; 
‘‘(B) is constructed to artificially alter the 
gait of such a horse; and 
‘‘(C) is not strictly protective or thera-
peutic in nature.’’. 
(e) VIOLATIONS AND PENALTIES.—Section 6 of the 
Horse Protection Act (15 U.S.C. 1825) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
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(i) by striking ‘‘Except as provided in 
paragraph (2) of this subsection, any per-
son who knowingly violates section 5’’ and 
inserting ‘‘Any person who knowingly vio-
lates section 5 or the regulations issued 
under such section, including any violation 
recorded during an inspection conducted in 
accordance with section 4(c) or 4(e)’’; and 
(ii) by striking ‘‘more than $3,000, or 
imprisoned for not more than one year, or 
both.’’ and inserting ‘‘more than $5,000, 
or imprisoned for not more than three 
years, or both, for each such violation.’’; 
(B) in paragraph (2)— 
(i) by striking subparagraph (A); 
(ii) by striking ‘‘(2)’’; and 
(iii) by redesignating subparagraphs 
(B) and (C) as paragraphs (2) and (3), re-
spectively, and moving the margins of such 
paragraphs (as so redesignated) two ems 
to the left; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(4) Any person who knowingly fails to obey an order 
of disqualification shall, upon conviction thereof, be fined 
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not more than $5,000 for each failure to obey such an 
order, imprisoned for not more than three years, or both.’’; 
(2) in subsection (b)— 
(A) in paragraph (1)— 
(i) by striking ‘‘section 5 of this Act’’ 
and inserting ‘‘section 5 or the regulations 
issued under such section’’; and 
(ii) by striking ‘‘$2,000’’ and insert-
ing ‘‘$4,000’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(5) Any person who fails to pay a licensed inspector 
hired under section 4(c) shall, upon conviction thereof, be 
fined not more than $4,000 for each such violation.’’; and 
(3) in subsection (c)— 
(A) in the first sentence— 
(i) by inserting ‘‘, or otherwise partici-
pating in any horse show, horse exhibition, 
or horse sale or auction’’ before ‘‘for a pe-
riod of not less than one year’’; and 
(ii) by striking ‘‘any subsequent’’ and 
inserting ‘‘the second’’; 
(B) by inserting before ‘‘Any person who 
knowingly fails’’ the following: ‘‘For the third 
or any subsequent violation, a person may be 
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permanently disqualified by order of the Sec-
retary, after notice and an opportunity for a 
hearing before the Secretary, from showing or 
exhibiting any horse, judging or managing any 
horse show, horse exhibition, or horse sale or 
auction, or otherwise participating in, including 
financing the participation of other individuals 
in, any horse show, horse exhibition, or horse 
sale or auction (regardless of whether walking 
horses are shown, exhibited, sold, auctioned, or 
offered for sale at the horse show, horse exhi-
bition, or horse sale or auction).’’; and 
(C) by striking ‘‘$3,000’’ each place it ap-
pears and inserting ‘‘$5,000’’. 
(f) REGULATIONS.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Agriculture shall issue regulations to carry out the amend-
ments made by this section, including regulations pre-
scribing the requirements under subsection (c) of section 
4 of the Horse Protection Act (15 U.S.C. 1823(c)), as 
amended by subsection (c)(3). 
(g) SEVERABILITY.—If any provision of this Act or 
any amendment made by this Act, or the application of 
a provision to any person or circumstance, is held to be 
unconstitutional, the remainder of this Act and the 
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amendments made by this Act, and the application of the 
provisions to any person or circumstance, shall not be af-
fected by the holding. 
Æ 
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