Horse Protection Amendments Act of 2013 [sic] - Amends the Horse Protection Act to replace the Designated Qualified Persons program responsible for inspecting horses for soring with a new inspection system. (The soring of horses is any of various actions taken on a horse's limb to produce a higher gait that may cause pain, distress, inflammation, or lameness.)
Requires the Secretary of Agriculture (USDA) to establish a single Horse Industry Organization (HIO) in order to establish a formal affiliation with the management of each horse sale, horse exhibition, and horse sale or auction, appoint inspectors to conduct inspections, and otherwise ensure compliance with the Horse Protection Act.
Directs the appointment of individuals by the Commissioners of Agriculture for Tennessee and Kentucky to govern the HIO. Requires those individuals to appoint individuals representing the Tennessee Walking Horse industry.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4098 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4098
To amend the Horse Protection Act to provide increased protection for
horses participating in shows, exhibitions, or sales, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 26, 2014
Mrs. Blackburn (for herself, Mr. Fleischmann, Mr. Duncan of Tennessee,
Mr. DesJarlais, Mr. Rogers of Kentucky, Mrs. Black, Mr. Fincher, Mr.
Barr, Mr. Rahall, and Mr. Roe of Tennessee) 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, 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
2013''.
SEC. 2. DEFINITION.
Section 2 of the Horse Protection Act (15 U.S.C. 1821) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) 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 new
paragraph:
``(4) the Inspector General of the Department of
Agriculture has determined the program through which the
Secretary inspects horses is not adequate to ensure compliance
with this Act;''.
(b) Horse Shows and Exhibitions.--Section 4(c) of the Horse
Protection Act (15 U.S.C. 1823(c)) is amended--
(1) in the first sentence, by striking ``appointment by the
management of any horse show, horse exhibition, or horse sale
or auction of persons qualified to detect and diagnose a horse
which is sore or to otherwise inspect horses for the purposes
of enforcing this Act'' and inserting ``that affiliation and
appointment'';
(2) by inserting before the first sentence, the following:
``(1) The Horse Industry Organization established under
paragraph (2) shall establish a formal affiliation with the
management of each horse sale, horse exhibition, and horse sale
or auction, appoint inspectors to conduct inspections at each
such show, exhibition, and sale or auction, and in coordination
with the Secretary, otherwise ensure compliance with this
Act.''; and
(3) by adding at the end the following new paragraph:
``(2)(A) Not later than 180 days after the date of the
enactment of this paragraph, the Secretary shall prescribe by
regulation the establishment of a single horse industry
organization (referred to in this Act as the `Horse Industry
Organization' or the `HIO'). The HIO shall be headed or
otherwise governed by not more than nine individuals appointed
in accordance with the following:
``(i) Four individuals shall be appointed by the
heads of State agencies on agriculture, two of whom
shall be appointed by the Commissioner of Agriculture
for the State of Tennessee and two of whom shall be
appointed by the Commissioner of Agriculture for the
Commonwealth of Kentucky.
``(ii) Two individuals representing the Tennessee
Walking Horse industry shall be appointed from within
such industry by the individuals appointed under clause
(i) in accordance with a process developed by the
individuals so appointed in consultation with the
Walking Horse Trainers' Association.
``(iii) Not more than three individuals shall be
appointed by the six individuals appointed under
clauses (i) and (ii).
``(B) The nine individuals appointed under clauses (i),
(ii), and (iii) of subparagraph (A) shall establish a process
for filling any vacancy and for the subsequent appointment of
individuals initially appointed under such subparagraph.
``(C) Section 14(a)(2)(B) of the Federal Advisory Committee
Act (5 U.S.C. App.; relating to the termination of advisory
committees) shall not apply to the HIO.
``(D) The Horse Industry Organization shall issue policies
establishing requirements for any person licensed by the Horse
Industry Organization 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 through--
``(i) being employed by or providing 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.
``(E) 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 horse industry organization under section 11.7 of title
9, Code of Federal Regulations (or any successor regulation),
as in effect on such date.''.
(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) 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)'';
(3) in paragraph (5), by striking ``appointed and retained
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)''; 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)''; and
(B) by striking ``such person or the Secretary''
and inserting ``a person licensed by the Horse Industry
Organization''.
SEC. 4. REGULATIONS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary shall issue regulations to carry out the amendments
made by this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Commerce, Manufacturing, and Trade.
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