‘‘(bb) be appointed by the 
members appointed under sub-
clauses (I) and (II), in accord-
ance with a process developed by 
those members; and 
‘‘(IV) not more than three shall 
be appointed by the members ap-
pointed under subclauses (I) through 
(III). 
‘‘(ii) QUORUM.—Five members of the 
Board shall constitute a quorum for the 
transaction of business. 
‘‘(iii) BYLAWS.—The members of the 
Board, in consultation with the Secretary, 
shall develop bylaws and other policies to 
operate the Organization, establish com-
mittees, and fill vacancies on the Board. 
‘‘(C) VACANCIES; PERIOD
OF
APPOINT-
MENT.— 
‘‘(i) VACANCIES.—Any vacancy on the 
Board— 
‘‘(I) shall not impair the author-
ity of the Board; and 
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‘‘(II) shall be filled as soon as 
practicable in the same manner as the 
original appointment. 
‘‘(ii) PERIOD OF APPOINTMENT.— 
‘‘(I) IN
GENERAL.—Except as 
provided in subclause (II), a member 
of the Board shall be appointed for a 
term of 4 years. 
‘‘(II) INITIAL APPOINTMENTS.— 
Of the members first appointed to the 
Board, the members described in sub-
paragraph (B)(i)(III) shall be ap-
pointed for an initial term of 3 years. 
‘‘(2) 
RESPONSIBILITIES.—The 
Organization 
shall— 
‘‘(A) establish a formal affiliation with the 
management of each horse sale, horse exhi-
bition, horse sale, and horse auction; 
‘‘(B) appoint inspectors to conduct inspec-
tions at each horse sale, horse exhibition, horse 
sale, and horse auction; 
‘‘(C) identify and contract with equine vet-
erinary experts to advise the Board on— 
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‘‘(i) objective scientific testing meth-
ods and procedures for objective inspec-
tions; and 
‘‘(ii) the certification of objective in-
spection results; 
‘‘(D) 
establish 
licensing 
requirements 
under paragraph (3); and 
‘‘(E) take any other action to ensure com-
pliance with this Act, as determined in coordi-
nation with the Secretary. 
‘‘(3) LICENSING REQUIREMENTS.— 
‘‘(A) IN
GENERAL.—The Organization 
shall develop licensing requirements to submit 
to the Secretary for licensing persons quali-
fied— 
‘‘(i) to detect and diagnose a horse 
that is sore; or 
‘‘(ii) to otherwise inspect a horse for 
the purpose of enforcing this Act. 
‘‘(B) CONFLICTS OF INTEREST.—Require-
ments developed under subparagraph (A) shall 
include the requirement that any person li-
censed by the Organization, and any member of 
the immediate family of any person licensed by 
the Organization, is free from a conflict of in-
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terest by reason of any association or connec-
tion with the walking horse industry, including 
through— 
‘‘(i) employment by, or the provision 
of any service to, any show manager, train-
er, owner, or exhibitor of a Tennessee 
Walking horse, Spotted Saddle horse, or 
Racking horse; and 
‘‘(ii) training, exhibiting, shoeing, 
breeding, or selling a Tennessee Walking 
horse, Spotted Saddle horse, or Racking 
horse. 
‘‘(4) CERTIFICATION.— 
‘‘(A) IN GENERAL.—After the members of 
the Board described in subclauses (I) through 
(III) of paragraph (1)(B)(i) have been ap-
pointed, the Secretary shall certify the Organi-
zation to train and license individuals, including 
inspectors, as designated qualified persons in 
accordance with section 11.7(b) of title 9, Code 
of Federal Regulations (or successor regula-
tions). 
‘‘(B) REVOCATION
OF
CERTIFICATION.— 
Not later than 90 days after the date on which 
the Secretary certifies the Organization under 
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subparagraph (A), the Secretary shall revoke 
the certification issued to any other horse in-
dustry organization under section 11.7 of title 
9, Code of Federal Regulations (or successor 
regulations). 
‘‘(5) FEDERAL ADVISORY COMMITTEE ACT EX-
EMPTION.—Section 14(a)(2)(B) of the Federal Advi-
sory Committee Act (5 U.S.C. App.) shall not apply 
to the Organization.’’; 
(4) in subsection (d), by striking ‘‘(d) The man-
agement’’ and inserting the following: 
‘‘(d) RECORDKEEPING.—The management’’; and 
(5) in subsection (e), by striking ‘‘(e) For pur-
poses of’’ and inserting the following: 
‘‘(e) RIGHT OF INSPECTION.—For purposes of’’. 
(b) UNLAWFUL ACTS.—Section 5 of the Horse Pro-
tection Act (15 U.S.C. 1824) is amended— 
(1) by striking the section designation and all 
that follows through ‘‘The following’’ in the matter 
preceding paragraph (1) and inserting the following: 
‘‘SEC. 5. PROHIBITED CONDUCT. 
‘‘The following’’; 
(2) in paragraph (3), by striking ‘‘appoint and 
retain a person in accordance with section 4(c) of 
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