[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1283 Introduced in Senate (IS)]

  1st Session
                                S. 1283

 To authorize the Secretary of Agriculture to regulate the commercial 
    transportation of horses for slaughter, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 28 (legislative day, September 25), 1995

 Mr. McConnell introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
 To authorize the Secretary of Agriculture to regulate the commercial 
    transportation of horses for slaughter, 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 ``Safe Commercial Transportation of 
Horses Act of 1995''.

SEC. 2. COMMERCIAL TRANSPORTATION OF HORSES FOR SLAUGHTER.

    Public Law 85-765 (7 U.S.C. 1901 et seq.) is amended by adding at 
the end the following:

     ``TITLE II--COMMERCIAL TRANSPORTATION OF HORSES FOR SLAUGHTER

``SEC. 201. FINDINGS.

    ``Congress finds that, to ensure that horses sold for slaughter are 
provided human treatment and care, it is essential to regulate the 
transportation, care, handling, and treatment of horses by any person 
engaged in the commercial transportation of horses for slaughter.

``SEC. 202. DEFINITIONS.

    ``In this title:
            ``(1) Commerce.--The term `commerce' means trade, traffic, 
        transportation, or other commerce--
                    ``(A) between any State, territory, or possession 
                of the United States, or the District of Columbia, and 
                any place outside thereof;
                    ``(B) between points within the same State, 
                territory, or possession of the United States, or the 
                District of Columbia, but through any place outside 
                thereof; or
                    ``(C) within any territory or possession of the 
                United States or the District of Columbia.
            ``(2) Department.--The term `Department' means the United 
        States Department of Agriculture.
            ``(3) Equine.--The term `equine' includes any member of the 
        Equidae family.
            ``(4) Foal.--The term `foal' means a horse that is not more 
        than 6 months of age.
            ``(5) Horse.--The term `horse' includes any member of the 
        Equidae family.
            ``(6) Horse for slaughter.--The term `horse for slaughter' 
        means any horse that is transported, or intended to be 
        transported, to a slaughter facility or intermediate handler 
        from a sale, auction, or intermediate handler by a person 
        engaged in the business of transporting horses for slaughter.
            ``(7) Intermediate handler.--The term `intermediate 
        handler' means any person engaged in the business of receiving 
        custody of horses for slaughter in connection with the 
        transport of the horses to a slaughter facility, including a 
        stockyard, feedlot, or assembly point.
            ``(8) Person.--The term `person' includes any individual, 
        partnership, firm, company, corporation, or association.
            ``(9) Secretary.--The term `Secretary' means the Secretary 
        of Agriculture.
            ``(10) Vehicle.--The term `vehicle' means any machine, 
        truck, tractor, trailer, or semitrailer, or any combination 
        thereof, propelled or drawn by mechanical power and used on a 
        highway in the commercial transportation of horses for 
        slaughter.
            ``(11) Stallion.--The term `stallion' means any uncastrated 
        male horse that is 1 year of age or older.

``SEC. 203. STANDARDS FOR HUMANE COMMERCIAL TRANSPORTATION OF HORSES 
              FOR SLAUGHTER.

    ``(a) In General.--Not later than 180 days after the date of 
enactment of this title, the Secretary shall issue, by regulation, 
standards for the humane commercial transportation of horses for 
slaughter.
    ``(b) Prohibition.--No person shall transport in commerce, to a 
slaughter facility or intermediate handler, a horse for slaughter 
except in accordance with the standards and this title.
    ``(c) Minimum Requirements.--The standards shall include minimum 
requirements for the humane handling, care, treatment, and equipment 
necessary to ensure the safe and humane transportation of horses for 
slaughter. The standards shall require, at a minimum, that--
            ``(1) no horse for slaughter shall be transported for more 
        than 24 hours without being unloaded from the vehicle and 
        allowed to rest for at least 8 consecutive hours and given 
        access to adequate quantities of wholesome food and potable 
        water;
            ``(2) a vehicle shall provide adequate headroom for a horse 
        for slaughter with a minimum of at least 6 feet, 6 inches of 
        headroom from the roof and beams or other structural members 
        overhead to floor underfoot, except that a vehicle transporting 
        6 horses or less shall provide a minimum of at least 6 feet of 
        headroom from the roof and beams or other structural members 
        overhead to floor underfoot if none of the horses are over 16 
        hands;
            ``(3) the interior of a vehicle shall--
                    ``(A) be free of protrusions, sharp edges, and 
                harmful objects;
                    ``(B) have ramps and floors that are adequately 
                covered with a nonskid nonmetallic surface; and
                    ``(C) be maintained in a sanitary condition;
            ``(4) a vehicle shall--
                    ``(A) provide adequate ventilation and shelter from 
                extremes of weather and temperature for all equine;
                    ``(B) be of appropriate size, height, and interior 
                design for the number of equine being carried to 
                prevent overcrowding; and
                    ``(C) be equipped with doors and ramps of 
                sufficient size and location to provide for safe 
                loading and unloading, including unloading during 
                emergencies;
            ``(5)(A) horses shall be positioned in the vehicle by size; 
        and
            ``(B) stallions shall be segregated from other horses;
            ``(6)(A) all horses for slaughter must be fit to travel as 
        determined by an accredited large animal veterinarian, who 
        shall prepare a certificate of inspection, prior to loading for 
        transport, that--
                    ``(i) states that the horses were inspected and 
                satisfied the requirements of subparagraph (B);
                    ``(ii) includes a clear description of each horse; 
                and
                    ``(iii) is valid for 7 days;
            ``(B) no horse shall be transported to slaughter if the 
        horse is found to be--
                    ``(i) suffering from a broken or dislocated limb;
                    ``(ii) unable to bear weight on all 4 limbs;
                    ``(iii) blind in both eyes; or
                    ``(iv) obviously suffering from severe illness, 
                injury, lameness, or physical debilitation that would 
                make the horse unable to withstand the stress of 
                transportation;
            ``(C) no foal may be transported for slaughter;
            ``(D) no mare in foal that exhibits signs of impending 
        partition may be transported for slaughter; and
            ``(E) no horse for slaughter shall be accepted by a 
        slaughter facility unless the horse is accompanied by a 
        certificate of inspection issued by an accredited large animal 
        veterinarian, not more than 7 days before the delivery, stating 
        that the veterinarian inspected the horse on a specified date.

``SEC. 204. RECORDS.

    ``(a) In General.--A person engaged in the business of transporting 
horses for slaughter shall establish and maintain such records, make 
such reports, and provide such information as the Secretary may, by 
regulation, require for the purposes of carrying out, or determining 
compliance with, this subtitle.
    ``(b) Minimum Requirements.--The records shall include, at a 
minimum--
            ``(1) the veterinary certificate of inspection;
            ``(2) the names and addresses of current owners and 
        consignors, if applicable, of the horses at the time of sale or 
        consignment to slaughter; and
            ``(3) the bill of sale or other documentation of sale for 
        each horse.
    ``(c) Availability.--The records shall--
            ``(1) accompany the horses during transport to slaughter;
            ``(2) be retained by any person engaged in the business of 
        transporting horses for slaughter for a reasonable period of 
        time, as determined by the Secretary; and
            ``(3) on request of an officer or employee of the 
        Department, be made available at all reasonable times for 
        inspection and copying by the officer or employee.

``SEC. 205. AGENTS.

    ``(a) In General.--For purposes of this title, the act, omission, 
or failure of an individual acting for or employed by a person engaged 
in the business of transporting horses for slaughter, within the scope 
of the employment or office of the individual, shall be considered the 
act, omission, or failure of the person engaging in the commercial 
transportation of horses for slaughter as well as of the individual.
    ``(b) Assistance.--If a horse suffers a substantial injury or 
illness while being transported for slaughter on a vehicle, the driver 
of the vehicle should seek prompt assistance from a large animal 
veterinarian.

``SEC. 206. COOPERATIVE AGREEMENTS.

    ``Not later than 180 days after the date of enactment of this 
title, the Secretary shall, to the maximum extent practicable, 
establish cooperative agreements and enter into memoranda of agreement 
with appropriate Federal and State agencies or political subdivisions 
of the agencies, including State departments of agriculture, State law 
enforcement agencies, and foreign governments, to carry out and enforce 
this title.

``SEC. 207. INVESTIGATIONS AND INSPECTIONS.

    ``(a) In General.--The Secretary shall make such investigations or 
inspections as the Secretary considers necessary--
            ``(1) to enforce this title (including any regulation 
        issued under this title); and
            ``(2) pursuant to information regarding alleged violations 
        of this title provided to the Secretary by a State official or 
        any other person.
    ``(b) Access.--For the purposes of conducting an investigation or 
inspection under subsection (a), the Secretary shall, at all reasonable 
times, have access to--
            ``(1) the place of business of any person engaged in the 
        business of transporting horses for slaughter;
            ``(2) the facilities and vehicles used to transport the 
        horses; and
            ``(3) records required to be maintained under section 204.
    ``(c) Minimum Requirement.--An investigation or inspection shall 
include, at a minimum, an inspection by an employee of the Department 
of all horses and vehicles carrying horses, on the arrival of the 
horses and vehicles at the slaughter facility.
    ``(d) Assistance to or Destruction of Horses.--The Secretary shall 
issue such regulations as the Secretary considers necessary to permit 
employees or agents of the Department to--
            ``(1) provide assistance to any horse that is covered by 
        this title (including any regulation issued under this title); 
        or
            ``(2) destroy, in a humane manner, any such horse found to 
        be suffering.

``SEC. 208. INTERFERENCE WITH ENFORCEMENT.

    ``(a) In General.--Subject to subsection (b), a person who forcibly 
assaults, resists, opposes, impedes, intimidates, or interferes with 
any person while engaged in or on account of the performance of an 
official duty of the person under this title shall be fined not more 
than $5,000 or imprisoned not more than 3 years, or both.
    ``(b) Weapons.--If the person uses a deadly or dangerous weapon in 
connection with an action described in subsection (a), the person shall 
be fined not more than $10,000 or imprisoned not more than 10 years, or 
both.

``SEC. 209. JURISDICTION OF COURTS.

    ``Except as provided in section 210(a)(5), a district court of the 
United States in any appropriate judicial district under section 1391 
of title 28, United States Court, shall have jurisdiction to 
specifically enforce this title, to prevent and restrain a violation of 
this title, and to otherwise enforce this title.

``SEC. 210. CIVIL AND CRIMINAL PENALTIES.

    ``(a) Civil Penalties.--
            ``(1) In general.--A person who violates this title 
        (including a regulation or standard issued under this title) 
        shall be assessed a civil penalty by the Secretary of not more 
        than $2,000 for each violation.
            ``(2) Separate offenses.--Each horse transported in 
        violation of this title shall constitute a separate offense. 
        Each violation and each day during which a violation continues 
        shall constitute a separate offense.
            ``(3) Hearings.--No penalty shall be assessed under this 
        subsection unless the person who is alleged to have violated 
        this title is given notice and opportunity for a hearing with 
        respect to an alleged violation.
            ``(4) Final order.--An order of the Secretary assessing a 
        penalty under this subsection shall be final and conclusive 
        unless the aggrieved person files an appeal from the order 
        pursuant to paragraph (5).
            ``(5) Appeals.--Not later than 30 days after entry of a 
        final order of the Secretary issued pursuant to this 
        subsection, a person aggrieved by the order may seek review of 
        the order in the appropriate United States Court of Appeals. 
        The Court shall have exclusive jurisdiction to enjoin, set 
        aside, suspend (in whole or in part), or to determine the 
        validity of the order.
            ``(6) Nonpayment of penalty.--On a failure to pay the 
        penalty assessed by a final order under this section, the 
        Secretary shall request the Attorney General to institute a 
        civil action in a district court of the United States or other 
        United States court for any district in which the person is 
        found, resides, or transacts business, to collect the penalty. 
        The court shall have jurisdiction to hear and decide the 
        action.
    ``(b) Criminal Penalties.--
            ``(1) First offense.--Subject to paragraph (2), a person 
        who knowingly violates this title (or a regulation or standard 
        issued under this title) shall, on conviction of the violation, 
        be subject to imprisonment for not more than 1 year or a fine 
        of not more than $2,000, or both.
            ``(2) Subsequent offenses.--On conviction of a second or 
        subsequent offense described in paragraph (1), a person shall 
        be subject to imprisonment for not more than 3 years or to a 
        fine of not more than $5,000, or both.

``SEC. 211. PAYMENTS FOR TEMPORARY OR MEDICAL ASSISTANCE FOR HORSES DUE 
              TO VIOLATIONS.

    ``From sums received as penalties, fines, or forfeitures of 
property for any violation of this title (including a regulation issued 
under this title), the Secretary shall pay the reasonable and necessary 
costs incurred by any person in providing temporary care or medical 
assistance for any horse that needs the care or assistance due to a 
violation of this title.

``SEC. 212. RELATIONSHIP TO STATE LAW.

    ``Nothing in this title prevents a State from enacting or enforcing 
any law (including a regulation) that is not inconsistent with this 
title or that is more restrictive than this title.

``SEC. 213. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated for each fiscal year such 
sums as are necessary to carry out this title.''.

SEC. 3. CONFORMING AMENDMENTS.

    (a) The first section of Public Law 85-765 (7 U.S.C. 1901) is 
amended by striking ``That the Congress'' and inserting the following:

``SEC. 1. SHORT TITLE.

    This Act may be cited as the `Federal Humane Methods of Livestock 
Slaughter Act'.

            ``TITLE I--HUMANE METHODS OF LIVESTOCK SLAUGHTER

``SEC. 101. FINDINGS AND DECLARATION OF POLICY.

    ``Congress''.
    (b) Section 2 of the Federal Humane Methods of Livestock Slaughter 
Act (7 U.S.C. 1902) is amended by striking ``Sec. 2. No'' and inserting 
the following:

``SEC. 102. HUMANE METHODS.

    ``No''.
    (c) Section 4 of the Act (7 U.S.C. 1904) is amended by striking 
``Sec. 4. In'' and inserting the following:

``SEC. 103. METHODS RESEARCH.

    ``In''.
    (d) Section 6 of the Act (7 U.S.C. 1906) is amended by striking 
``Sec. 6. Nothing'' and inserting the following:

``SEC. 104. EXEMPTION OF RITUAL SLAUGHTER.

    ``Nothing''.

SEC. 4. EFFECTIVE DATE.

    (a) In General.--This Act and the amendments made by this Act shall 
become effective 180 days after the date of enactment of this Act.
    (b) Regulations.--As soon as practicable, but not later than 180 
days after the date of enactment of this Act, the Secretary of 
Agriculture shall issue such regulations as the Secretary determines 
are necessary to implement this Act and the amendments made by this 
Act.
    (c) Compliance.--A person shall be required to comply with--
            (1) sections 203 and 204 of the Federal Humane Methods of 
        Livestock Slaughter Act (as added by section 2) beginning on 
        the date that is 180 days after the date of enactment of this 
        Act; and
            (2) other sections of title II of the Act beginning on the 
        date that is 90 days after the Secretary issues final 
        regulations under subsection (b).
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