,,ii #aafth ,,congress #ast ,session ,s4 #adee ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ad1 #bjai,mr4 ,alexander 7for himself1 ,mr4 ,mc,connell1 ,mrs4 ,blackburn1 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 sales1 and auctions1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,horse ,protection ,amendments ,act of #bjai4 #b4 ,definitions ,section #b of the ,horse ,protection ,act 7#ae ,u4,s4,c4 #ahba7 is amended-- 7#a7 by striking the section designation and all that follows through requires3 in the matter preceding paragraph 7#a7 and inserting the following3 #b4 ,definitions ,in this ,act3 2 7#b7 by redesignating paragraphs 7#a71 7#b71 7#c71 and 7#d7 as paragraphs 7#b71 7#d71 7#e71 and 7#f71 respectively2 7#c7 by inserting before paragraph 7#b7 7as so redesignated7 the following3 7#a7 ,horse ,industry ,organization ,the term ,horse ,industry ,organization means the organization established under section #d7;c77#a77;,a74 2 and 7#d7 by inserting after paragraph 7#b7 7as so redesignated7 the following3 7#c7 ,objective inspection ,the term objective inspection means an inspection conducted using only an inspection method based on a science-based protocol 7including swabbing or blood testing protocol7 that-- 7,a7 has been the subject of testing and is capable of producing scientifically reliable and reproducible results2 7,b7 has been subjected to peer review2 and 7,c7 has received acceptance in the veterinary or other applicable scientific community1 as determined by the ,secretary4 4 #c4 ,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 #d4 ,increasing protections for horses participating in horse shows1 exhibitions1 sales1 or auctions 7a7 ,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 ,the management of any horse show or horse exhibition shall disqualify any horse from being shown or exhibited if-- 7,a7 the horse is determined to be sore by an objective inspection2 or 7,b7 the management has been notified that the horse is sore by-- 7i7 a person licensed under subsection 7c77#c77;,a72 or 7ii7 the ,secretary4 7#b7 ,duration of disqualification ,any horse that is determined to be sore by an objective inspection shall be disqualified from being shown or exhibited-- 7,a7 for a period of not less than #cj days if it is the first determination2 and 7,b7 for a period of not less than #ij days if it is a second or subsequent determination4 2 7#b7 in subsection 7b7-- 7,a7 by striking 7b7 ,the management and inserting the following3 7b7 ,prohibition on sale1 auction1 and exhibition ,the management 2 7#c7 by striking subsection 7c7 and inserting the following3 7c7 ,horse ,industry ,organization 7#a7 ,establishment 7,a7 ,in general ,not later than #ahj days after the date of enactment of the ,horse ,protection ,amendments ,act of #bjai1 the ,secretary shall establish an organization1 to be known as the ,horse ,industry ,organization 7referred to in this subsection as the ,organization74 7,b7 ,board 7i7 ,in general ,the ,organization shall be governed by a board 7referred to in this subsection as the ,board7 consisting of not more than #i individuals1 of whom-- 7,i7 two shall be appointed by the ,commissioner of ,agriculture for the ,state of ,tennessee2 7,,ii7 two shall be appointed by the ,commissioner of ,agriculture for the ,state of ,kentucky2 7,,iii7 two shall-- 7aa7 represent the ,tennessee ,walking ,horse industry2 and 7bb7 be appointed by the members appointed under subclauses 7,i7 and 7,,ii71 in accordance with a process developed by those members2 and 7,,iv7 not more than three shall be appointed by the members appointed under subclauses 7,i7 through 7,,iii74 7ii7 ,quorum ,five members of the ,board shall constitute a quorum for the transaction of business4 7iii7 ,bylaws ,the members of the ,board1 in consultation with the ,secretary1 shall develop bylaws and other policies to operate the ,organization1 establish committees1 and fill vacancies on the ,board4 7,c7 ,vacancies2 period of appointment 7i7 ,vacancies ,any vacancy on the ,board-- 7,i7 shall not impair the authority of the ,board2 and 7,,ii7 shall be filled as soon as practicable in the same manner as the original appointment4 7ii7 ,period of appointment 7,i7 ,in general ,except as provided in subclause 7,,ii71 a member of the ,board shall be appointed for a term of #d years4 7,,ii7 ,initial appointments ,of the members first appointed to the ,board1 the members described in subparagraph 7,b77i77,,iii7 shall be appointed for an initial term of #c years4 7#b7 ,responsibilities ,the ,organization shall-- 7,a7 establish a formal affiliation with the management of each horse sale1 horse exhibition1 horse sale1 and horse auction2 7,b7 appoint inspectors to conduct inspections at each horse sale1 horse exhibition1 horse sale1 and horse auction2 7,c7 identify and contract with equine veterinary experts to advise the ,board on-- 7i7 objective scientific testing methods and procedures for objective inspections2 and 7ii7 the certification of objective inspection results2 7,d7 establish licensing requirements under paragraph 7#c72 and 7,e7 take any other action to ensure compliance with this ,act1 as determined in coordination with the ,secretary4 7#c7 ,licensing requirements 7,a7 ,in general ,the ,organization shall develop licensing requirements to submit to the ,secretary for licensing persons qualified-- 7i7 to detect and diagnose a horse that is sore2 or 7ii7 to otherwise inspect a horse for the purpose of enforcing this ,act4 7,b7 ,conflicts of interest ,requirements developed under subparagraph 7,a7 shall include the requirement that any person licensed by the ,organization1 and any member of the immediate family of any person licensed by the ,organization1 is free from a conflict of interest by reason of any association or connection with the walking horse industry1 including through-- 7i7 employment by1 or the provision of any service to1 any show manager1 trainer1 owner1 or exhibitor of a ,tennessee ,walking horse1 ,spotted ,saddle horse1 or ,racking horse2 and 7ii7 training1 exhibiting1 shoeing1 breeding1 or selling a ,tennessee ,walking horse1 ,spotted ,saddle horse1 or ,racking horse4 7#d7 ,certification 7,a7 ,in general ,after the members of the ,board described in subclauses 7,i7 through 7,,iii7 of paragraph 7#a77;,b77i7 have been appointed1 the ,secretary shall certify the ,organization to train and license individuals1 including inspectors1 as designated qualified persons in accordance with section #aa4g7;b7 of title #i1 ,code of ,federal ,regulations 7or successor regulations74 7,b7 ,revocation of certification ,not later than #ij days after the date on which the ,secretary certifies the ,organization under subparagraph 7,a71 the ,secretary shall revoke the certification issued to any other horse industry organization under section #aa4g of title #i1 ,code of ,federal ,regulations 7or successor regulations74 7#e7 ,federal ,advisory ,committee ,act ,exemption ,section #ad7;a77#b77;,b7 of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,organization4 2 7#d7 in subsection 7d71 by striking 7d7 ,the management and inserting the following3 7d7 ,recordkeeping ,the management 2 and 7#e7 in subsection 7e71 by striking 7e7 ,for purposes of and inserting the following3 7e7 ,right of inspection ,for purposes of 4 7b7 ,unlawful acts ,section #e of the ,horse ,protection ,act 7#ae ,u4,s4,c4 #ahbd7 is amended-- 7#a7 by striking the section designation and all that follows through ,the following in the matter preceding paragraph 7#a7 and inserting the following3 #e4 ,prohibited conduct ,the following 2 7#b7 in paragraph 7#c71 by striking appoint and retain a person in accordance with section #d7;c7 of this ,act and inserting have a formal affiliation with the ,horse ,industry ,organization2 7#c7 in paragraph 7#d71 by striking appoint and retain a qualified person in accordance with section #d7;c7 of this ,act and inserting have a formal affiliation with the ,horse ,industry ,organization2 7#d7 in paragraph 7#e71 by striking appointed and retained a person in accordance with section #d7;c7 of this ,act and inserting a formal affiliation with the ,horse ,industry ,organization2 and 7#e7 in paragraph 7#f7-- 7,a7 by striking appointed and retained a person in accordance with section #d7;c7 of this ,act and inserting a formal affiliation with the ,horse ,industry ,organization2 and 7,b7 by striking such person or the ,secretary and inserting a person licensed by the ,horse ,industry ,organization4 #e4 ,rulemaking ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,agriculture shall issue regulations to carry out the amendments made by this ,act4