[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1161 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1161

 To amend the Horse Protection Act to provide increased protection for 
  horses participating in shows, exhibitions, or sales, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 30, 2015

Mr. Alexander (for himself, 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, or sales, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Horse Protection Amendments Act of 
2015''.

SEC. 2. DEFINITION.

    Section 2 of the Horse Protection Act (15 U.S.C. 1821) is amended--
            (1) by redesignating paragraphs (1), (2) and (3) as 
        paragraphs (2), (4) and (5), respectively;
            (2) by inserting before paragraph (2), as redesignated, the 
        following:
            ``(1) The term `Horse Industry Organization' means the 
        organization established pursuant to section 4(c)(1).''; and
            (3) by inserting after paragraph (2), as redesignated, the 
        following:
            ``(3) The term `objective inspection' means an inspection 
        conducted using only inspection methods based on science-based 
        protocols (including swabbing or blood testing protocols) 
        that--
                    ``(A) have been the subject of testing and are 
                capable of producing scientifically reliable, 
                reproducible results;
                    ``(B) have been subjected to peer review; and
                    ``(C) have received acceptance in the veterinary or 
                other applicable scientific community.''.

SEC. 3. INCREASING PROTECTIONS FOR HORSES PARTICIPATING IN HORSE SHOWS, 
              EXHIBITIONS, OR SALES OR AUCTIONS.

    (a) Findings.--Section 3 of the Horse Protection Act (15 U.S.C. 
1822) is amended--
            (1) by redesignating paragraphs (4) and (5) as paragraphs 
        (5) and (6), respectively; and
            (2) by inserting after paragraph (3) the following:
            ``(4) the Inspector General of the Department of 
        Agriculture has determined that the program through which the 
        Secretary inspects horses is not adequate to ensure compliance 
        with this Act;''.
    (b) Horse Shows and Exhibitions.--Section 4 of the Horse Protection 
Act (15 U.S.C. 1823) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Disqualification of Horses.--
            ``(1) In general.--In addition to being subject to 
        applicable criminal or civil penalties authorized under section 
        6, the management of any horse show or horse exhibition shall 
        disqualify any horse from being shown or exhibited--
                    ``(A) which, upon objective testing, is determined 
                to be sore; or
                    ``(B) if the management has been notified that the 
                horse is sore by--
                            ``(i) a person appointed in accordance with 
                        regulations prescribed under subsection (c); or
                            ``(ii) the Secretary.
            ``(2) Duration of disqualification.--In addition to any 
        other requirements or penalties imposed under this Act, any 
        horse that has been determined to be sore by objective testing 
        shall be disqualified from being shown or exhibited for--
                    ``(A) a period of not less than 30 days for the 
                first such determination; and
                    ``(B) a period of 90 days for a second 
                determination and any subsequent determination.''; and
            (2) by striking subsection (c) and inserting the following:
    ``(c) Appointment of Inspectors; Manner of Inspections.--
            ``(1) Establishment of horse industry organization.--
                    ``(A) In general.--Not later than 180 days after 
                the date of the enactment of the Horse Protection 
                Amendments Act of 2015, the Secretary shall prescribe, 
                by regulation, the establishment of the Horse Industry 
                Organization, which shall be governed by a board 
                consisting of not more than 9 individuals, who shall be 
                appointed in accordance with subparagraphs (B) and (C).
                    ``(B) Members.--Of the 9 members constituting the 
                Horse Industry Organization Board--
                            ``(i) 2 members shall be appointed by the 
                        Commissioner of Agriculture for the State of 
                        Tennessee to serve for a term of 4 years;
                            ``(ii) 2 members shall be appointed by the 
                        Commissioner of Agriculture for the 
                        Commonwealth of Kentucky to serve for a term of 
                        4 years;
                            ``(iii) 2 members shall represent the 
                        Tennessee Walking Horse industry and shall be 
                        appointed from within such industry by the 
                        members appointed pursuant to clauses (i) and 
                        (ii), in accordance with a process developed by 
                        such members, to serve for an initial term of 3 
                        years; and
                            ``(iv) not more than 3 members shall be 
                        appointed by the 6 members appointed pursuant 
                        to clauses (i) through (iii) to serve for a 
                        term of 4 years.
                    ``(C) Quorum; vacancies.--
                            ``(i) Quorum.--Five members of the Horse 
                        Industry Organization Board shall constitute a 
                        quorum for the transaction of business.
                            ``(ii) Effect of vacancy.--A vacancy on the 
                        Horse Industry Organization Board shall not 
                        impair the authority of the Board.
                            ``(iii) Subsequent appointments.--
                        Subsequent appointments, including 
                        reappointments of existing Board members, shall 
                        be made in accordance with subparagraph (B), 
                        except that all such appointments shall be for 
                        a term of 4 years.
                            ``(iv) Bylaws.--The members of the Horse 
                        Industry Organization Board, in consultation 
                        with the Secretary, shall develop bylaws and 
                        other policies for operations, the 
                        establishment of committees, and filling 
                        vacancies on the Board.
                    ``(D) Termination.--Section 14(a)(2)(B) of the 
                Federal Advisory Committee Act (5 U.S.C. App.) shall 
                not apply to the Horse Industry Organization.
                    ``(E) Licensing requirements.--
                            ``(i) In general.--The Horse Industry 
                        Organization shall establish requirements to 
                        appoint persons qualified--
                                    ``(I) to detect and diagnose a 
                                horse which is sore; or
                                    ``(II) to otherwise inspect horses 
                                for the purposes of enforcing this Act.
                            ``(ii) Conflicts of interest.--Requirements 
                        established pursuant to clause (i) shall 
                        require any person appointed by the Horse 
                        Industry Organization Board, or a member of the 
                        immediate family of such a person, to be free 
                        from conflicts of interest, by reason of any 
                        association or connection with the walking 
                        horse industry, including--
                                    ``(I) through employment by, or the 
                                provision of any services to, any show 
                                manager, trainer, owner, or exhibitor 
                                of Tennessee Walking horses, Spotted 
                                Saddle horses, or Racking horses; and
                                    ``(II) training, exhibiting, 
                                shoeing, breeding, or selling Tennessee 
                                Walking horses, Spotted Saddle horses, 
                                or Racking horses.
                    ``(F) Certification.--
                            ``(i) Certification.--After the members of 
                        the Horse Industry Organization Board have been 
                        appointed pursuant to subparagraph (B), the 
                        Secretary shall certify the Horse Industry 
                        Organization in accordance with section 11.7 of 
                        title 9, Code of Federal Regulations 
                        (Certification and licensing of designated 
                        qualified persons), including the training of 
                        inspectors.
                            ``(ii) Revocation of certification.--Not 
                        later than 90 days after the date on which the 
                        Horse Industry Organization is established 
                        pursuant to this paragraph, the Secretary shall 
                        revoke the certification issued to any other 
                        horse industry organization under section 11.7 
                        of title 9, Code of Federal Regulations (or any 
                        successor regulation), as in effect on such 
                        date.
            ``(2) Responsibilities of horse industry organization.--The 
        Horse Industry Organization shall--
                    ``(A) establish a formal affiliation with the 
                management of each horse sale, horse exhibition, and 
                horse sale or auction;
                    ``(B) appoint inspectors to conduct inspections at 
                each such show, exhibition, and sale or auction;
                    ``(C) identify and contract with equine veterinary 
                experts to advise the Horse Industry Organization Board 
                on--
                            ``(i) objective scientific testing methods 
                        and procedures; and
                            ``(ii) the certification of testing 
                        results; and
                    ``(D) otherwise ensure compliance with this Act, in 
                coordination with the Secretary.''.
    (c) Unlawful Acts.--Section 5 of the Horse Protection Act (15 
U.S.C. 1824) is amended--
            (1) in paragraph (3), by striking ``appoint and retain a 
        person in accordance with section 4(c) of this Act'' and 
        inserting ``establish a formal affiliation with the Horse 
        Industry Organization under section 4(c)(2)(A)'';
            (2) in paragraph (4), by striking ``appoint and retain a 
        qualified person in accordance with section 4(c) of this Act'' 
        and inserting ``establish a formal affiliation with the Horse 
        Industry Organization under section 4(c)(2)(A)'';
            (3) in paragraph (5), by striking ``appointed and retained 
        a person in accordance with section 4(c) of this Act'' and 
        inserting ``established a formal affiliation with the Horse 
        Industry Organization under section 4(c)(2)(A)''; and
            (4) in paragraph (6)--
                    (A) by striking ``appointed and retained a person 
                in accordance with section 4(c) of this Act'' and 
                inserting ``established a formal affiliation with the 
                Horse Industry Organization under section 4(c)(2)(A)''; 
                and
                    (B) by striking ``such person or the Secretary'' 
                and inserting ``a person licensed by the Horse Industry 
                Organization''.

SEC. 4. RULEMAKING.

    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 amendments made by this Act.
                                 <all>