,,ii #aacth ,,congress #b;d ,session ,s4 #baic ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #a1 #bjad ,mr4 ,alexander 7for himself1 ,mr4 ,mc,connell1 ,mr4 ,isakson1 and ,mr4 ,paul7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend the ,horse ,protection ,act to provide increased protection for horses participating in shows1 exhibitions1 or sales1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,horse ,protection ,amendments ,act of #bjad4 #b4 ,definition ,section #b of the ,horse ,protection ,act 7#ae ,u4,s4,c4 #ahba7 is amended-- 7#a7 by redesignating paragraphs 7#a71 7#b7 and 7#c7 as paragraphs 7#b71 7#d7 and 7#e71 respectively2 7#b7 by inserting before paragraph 7#b71 as redesignated1 the following3 7#a7 ,the term ,horse ,industry ,organization means the organization established pursuant to section #d7;c77#a74 2 and 7#c7 by inserting after paragraph 7#b71 as redesignated1 the following3 7#c7 ,the term objective inspection means an inspection conducted using only inspection methods based on science-based protocols 7including swabbing or blood testing protocols7 that-- 7,a7 have been the subject of testing and are capable of producing scientifically reliable1 reproducible results2 7,b7 have been subjected to peer review2 and 7,c7 have received acceptance in the veterinary or other applicable scientific community4 4 #c4 ,increasing protections for horses participating in horse shows1 exhibitions1 or sales or auctions 7a7 ,findings ,section #c of the ,horse ,protection ,act 7#ae ,u4,s4,c4 #ahbb7 is amended-- 7#a7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#e7 and 7#f71 respectively2 and 7#b7 by inserting after paragraph 7#c7 the following3 7#d7 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 ,act2 4 7b7 ,horse shows and exhibitions ,section #d of the ,horse ,protection ,act 7#ae ,u4,s4,c4 #ahbc7 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,disqualification of horses 7#a7 ,in general ,in addition to being subject to applicable criminal or civil penalties authorized under section #f1 the management of any horse show or horse exhibition shall disqualify any horse from being shown or exhibited-- 7,a7 which1 upon objective testing1 is determined to be sore2 or 7,b7 if the management has been notified that the horse is sore by-- 7i7 a person appointed in accordance with regulations prescribed under subsection 7c72 or 7ii7 the ,secretary4 7#b7 ,duration of disqualification ,in addition to any other requirements or penalties imposed under this ,act1 any horse that has been determined to be sore by objective testing shall be disqualified from being shown or exhibited for-- 7,a7 a period of not less than #cj days for the first such determination2 and 7,b7 a period of #ij days for a second determination and any subsequent determination4 2 and 7#b7 by striking subsection 7c7 and inserting the following3 7c7 ,appointment of inspectors2 manner of inspections 7#a7 ,establishment of horse industry organization 7,a7 ,in general ,not later than #ahj days after the date of the enactment of the ,horse ,protection ,amendments ,act of #bjad1 the ,secretary shall prescribe1 by regulation1 the establishment of the ,horse ,industry ,organization1 which shall be governed by a board consisting of not more than #i individuals1 who shall be appointed in accordance with subparagraphs 7,b7 and 7,c74 7,b7 ,members ,of the #i members constituting the ,horse ,industry ,organization ,board-- 7i7 #b members shall be appointed by the ,commissioner of ,agriculture for the ,state of ,tennessee to serve for a term of #d years2 7ii7 #b members shall be appointed by the ,commissioner of ,agriculture for the ,commonwealth of ,kentucky to serve for a term of #d years2 7iii7 #b members shall represent the ,tennessee ,walking ,horse industry and shall be appointed from within such industry by the members appointed pursuant to clauses 7i7 and 7ii71 in accordance with a process developed by such members1 to serve for an initial term of #c years2 and 7iv7 not more than #c members shall be appointed by the #f members appointed pursuant to clauses 7i7 through 7iii7 to serve for a term of #d years4 7,c7 ,quorum2 vacancies 7i7 ,quorum ,five members of the ,horse ,industry ,organization ,board shall constitute a quorum for the transaction of business4 7ii7 ,effect of vacancy ,a vacancy on the ,horse ,industry ,organization ,board shall not impair the authority of the ,board4 7iii7 ,subsequent appointments ,subsequent appointments1 including reappointments of existing ,board members1 shall be made in accordance with subparagraph 7,b71 except that all such appointments shall be for a term of #d years4 7iv7 ,bylaws ,the members of the ,horse ,industry ,organization ,board1 in consultation with the ,secretary1 shall develop bylaws and other policies for operations1 the establishment of committees1 and filling vacancies on the ,board4 7,d7 ,termination ,section #ad7;a77#b77;,b7 of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,horse ,industry ,organization4 7,e7 ,licensing requirements 7i7 ,in general ,the ,horse ,industry ,organization shall establish requirements to appoint persons qualified-- 7,i7 to detect and diagnose a horse which is sore2 or 7,,ii7 to otherwise inspect horses for the purposes of enforcing this ,act4 7ii7 ,conflicts of interest ,requirements established pursuant to clause 7i7 shall require any person appointed by the ,horse ,industry ,organization ,board1 or a member of the immediate family of such a person1 to be free from conflicts of interest1 by reason of any association or connection with the walking horse industry1 including-- 7,i7 through employment by1 or the provision of any services to1 any show manager1 trainer1 owner1 or exhibitor of ,tennessee ,walking horses1 ,spotted ,saddle horses1 or ,racking horses2 and 7,,ii7 training1 exhibiting1 shoeing1 breeding1 or selling ,tennessee ,walking horses1 ,spotted ,saddle horses1 or ,racking horses4 7,f7 ,certification 7i7 ,certification ,after the members of the ,horse ,industry ,organization ,board have been appointed pursuant to subparagraph 7,b71 the ,secretary shall certify the ,horse ,industry ,organization in accordance with section #aa4g of title #i1 ,code of ,federal ,regulations 7,certification and licensing of designated qualified persons71 including the training of inspectors4 7ii7 ,revocation of certification ,not later than #ij days after the date on which the ,horse ,industry ,organization is established pursuant to this paragraph1 the ,secretary shall revoke the certification issued to any other horse industry organization under section #aa4g of title #i1 ,code of ,federal ,regulations 7or any successor regulation71 as in effect on such date4 7#b7 ,responsibilities of horse industry organization ,the ,horse ,industry ,organization shall-- 7,a7 establish a formal affiliation with the management of each horse sale1 horse exhibition1 and horse sale or auction2 7,b7 appoint inspectors to conduct inspections at each such show1 exhibition1 and sale or auction2 7,c7 identify and contract with equine veterinary experts to advise the ,horse ,industry ,organization ,board on-- 7i7 objective scientific testing methods and procedures2 and 7ii7 the certification of testing results2 and 7,d7 otherwise ensure compliance with this ,act1 in coordination with the ,secretary4 4 7c7 ,unlawful acts ,section #e of the ,horse ,protection ,act 7#ae ,u4,s4,c4 #ahbd7 is amended-- 7#a7 in paragraph 7#c71 by striking appoint and retain a person in accordance with section #d7;c7 of this ,act and inserting establish a formal affiliation with the ,horse ,industry ,organization under section #d7;c77#b77;,a72 7#b7 in paragraph 7#d71 by striking appoint and retain a qualified person in accordance with section #d7;c7 of this ,act and inserting establish a formal affiliation with the ,horse ,industry ,organization under section #d7;c77#b77;,a72 7#c7 in paragraph 7#e71 by striking appointed and retained a person in accordance with section #d7;c7 of this ,act and inserting established a formal affiliation with the ,horse ,industry ,organization under section #d7;c77#b77;,a72 and 7#d7 in paragraph 7#f7-- 7,a7 by striking appointed and retained a person in accordance with section #d7;c7 of this ,act and inserting established a formal affiliation with the ,horse ,industry ,organization under section #d7;c77#b77;,a72 and 7,b7 by striking such person or the ,secretary and inserting a person licensed by the ,horse ,industry ,organization4 #d4 ,rulemaking ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,agriculture shall issue regulations to carry out the amendments made by this ,act4