[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4005 Introduced in Senate (IS)]

<DOC>






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.

    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 ``Protecting Horses from Soring Act of 
2022''.

SEC. 2. DEFINITIONS.

    Section 2 of the Horse Protection Act (15 U.S.C. 1821) is amended--
            (1) by striking the section designation and all that 
        follows through ``requires:'' in the matter preceding paragraph 
        (1) and inserting the following:

``SEC. 2. DEFINITIONS.

    ``In this Act:'';
            (2) by redesignating paragraphs (1), (2), (3), and (4) as 
        paragraphs (2), (4), (5), and (6), respectively;
            (3) by inserting before paragraph (2) (as so redesignated) 
        the following:
            ``(1) Horse industry organization.--The term `Horse 
        Industry Organization' means the organization established under 
        section 4(c)(1)(A).''; and
            (4) by inserting after paragraph (2) (as so redesignated) 
        the following:
            ``(3) Objective inspection.--The term `objective 
        inspection' means an inspection conducted by a veterinarian or 
        veterinarian technician using only an inspection method based 
        on a science-based protocol that--
                    ``(A) consists of, at a minimum, swabbing and blood 
                testing;
                    ``(B) has been the subject of testing and is 
                capable of producing scientifically reliable and 
                reproducible results;
                    ``(C) has been subjected to peer review; and
                    ``(D) has received acceptance in the veterinary or 
                other applicable scientific community, as determined by 
                the Secretary.''.

SEC. 3. 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;''.

SEC. 4. INCREASING PROTECTIONS FOR HORSES PARTICIPATING IN HORSE SHOWS, 
              EXHIBITIONS, SALES, OR AUCTIONS.

    (a) 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.--The management of any horse show or 
        horse exhibition shall disqualify any horse from being shown or 
        exhibited if--
                    ``(A) the horse is determined to be sore by an 
                objective inspection; or
                    ``(B) the management has been notified that the 
                horse is sore by--
                            ``(i) a person licensed under subsection 
                        (c)(3)(A); or
                            ``(ii) the Secretary.
            ``(2) Duration of disqualification.--Any horse that is 
        determined to be sore by an objective inspection shall be 
        disqualified from being shown or exhibited--
                    ``(A) for a period of not less than 30 days if it 
                is the first determination; and
                    ``(B) for a period of not less than 90 days if it 
                is a second or subsequent determination.'';
            (2) in subsection (b)--
                    (A) by striking ``(b) The management'' and 
                inserting the following:
    ``(b) Prohibition on Sale, Auction, and Exhibition.--The 
management'';
            (3) by striking subsection (c) and inserting the following:
    ``(c) Horse Industry Organization.--
            ``(1) Establishment.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of the Protecting Horses from 
                Soring Act of 2022, the Secretary shall establish an 
                organization, to be known as the `Horse Industry 
                Organization' (referred to in this subsection as `the 
                Organization').
                    ``(B) Board.--
                            ``(i) In general.--The Organization shall 
                        be governed by a board (referred to in this 
                        subsection as `the Board') consisting of not 
                        more than 9 individuals, of whom--
                                    ``(I) 2 shall be appointed by the 
                                Commissioner of Agriculture for the 
                                State of Tennessee;
                                    ``(II) 2 shall be appointed by the 
                                Commissioner of Agriculture for the 
                                State of Kentucky;
                                    ``(III) 2 shall--
                                            ``(aa) represent the 
                                        Tennessee Walking Horse 
                                        industry; and
                                            ``(bb) be appointed by the 
                                        members appointed under 
                                        subclauses (I) and (II), in 
                                        accordance with a process 
                                        developed by those members; and
                                    ``(IV) not more than 3 shall be 
                                appointed by the members appointed 
                                under subclauses (I) through (III).
                            ``(ii) Quorum.--5 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 committees, and 
                        fill vacancies on the Board.
                    ``(C) Vacancies; period of appointment.--
                            ``(i) Vacancies.--Any vacancy on the 
                        Board--
                                    ``(I) shall not impair the 
                                authority of the Board; and
                                    ``(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 
                                subparagraph (B)(i)(III) shall be 
                                appointed 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 exhibition, horse 
                sale, and horse auction;
                    ``(B) appoint inspectors to conduct inspections at 
                each horse sale, horse exhibition, horse sale, and 
                horse auction;
                    ``(C) identify and contract with equine veterinary 
                experts to advise the Board on--
                            ``(i) objective scientific testing methods 
                        and procedures for objective inspections; and
                            ``(ii) the certification of objective 
                        inspection results;
                    ``(D) establish licensing requirements under 
                paragraph (3); and
                    ``(E) take any other action to ensure compliance 
                with this Act, as determined in coordination with the 
                Secretary.
            ``(3) Licensing requirements.--
                    ``(A) In general.--The Organization shall develop 
                licensing requirements to submit to the Secretary for 
                licensing persons qualified--
                            ``(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.--Requirements 
                developed under subparagraph (A) shall include the 
                requirement that any person licensed by the 
                Organization, and any member of the immediate family of 
                any person licensed by the Organization, is free from a 
                conflict of interest by reason of any association or 
                connection with the walking horse industry, including 
                through--
                            ``(i) employment by, or the provision of 
                        any service to, any show manager, trainer, 
                        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 appointed, the Secretary shall 
                certify the Organization 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 
                regulations).
                    ``(B) Revocation of certification.--Not later than 
                90 days after the date on which the Secretary certifies 
                the Organization under subparagraph (A), 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 successor 
                regulations).
            ``(5) Federal advisory committee act exemption.--Section 
        14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. 
        App.) shall not apply to the Organization.'';
            (4) in subsection (d), by striking ``(d) The management'' 
        and inserting the following:
    ``(d) Recordkeeping.--The management''; and
            (5) in subsection (e), by striking ``(e) For purposes of'' 
        and inserting the following:
    ``(e) Right of Inspection.--For purposes of''.
    (b) Unlawful Acts.--Section 5 of the Horse Protection 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 this Act'' and 
        inserting ``have a formal affiliation with the Horse Industry 
        Organization'';
            (3) in paragraph (4), by striking ``appoint and retain a 
        qualified person in accordance with section 4(c) of this Act'' 
        and inserting ``have a formal affiliation with the Horse 
        Industry Organization'';
            (4) in paragraph (5), by striking ``appointed and retained 
        a person in accordance with section 4(c) of this Act'' and 
        inserting ``a formal affiliation with the Horse Industry 
        Organization''; and
            (5) in paragraph (6)--
                    (A) by striking ``appointed and retained a person 
                in accordance with section 4(c) of this Act'' and 
                inserting ``a formal affiliation with the Horse 
                Industry Organization''; and
                    (B) by striking ``such person or the Secretary'' 
                and inserting ``a person licensed by the Horse Industry 
                Organization''.

SEC. 5. RULEMAKING.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of Agriculture shall issue regulations to carry out the 
amendments made by this Act.
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