H.R. 2648

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2648 Introduced in House (IH)]

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118th CONGRESS
1st Session
H. R. 2648

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

April 17, 2023

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.

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 
2023''.

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 consists of, at a minimum, 
swabbing and blood testing, and that--
``(A) has been the subject of testing and is 
capable of producing scientifically reliable and 
reproducible results;
``(B) has been subjected to peer review; and
``(C) 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 2023, 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) two shall be appointed by the 
Commissioner of Agriculture for the 
State of Tennessee;
``(II) two shall be appointed by 
the Commissioner of Agriculture for the 
State of Kentucky;
``(III) two 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 three shall be 
appointed by the members appointed 
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 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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