[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3781 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 3781

 To prevent the slaughter of horses in and from the United States for 
  human consumption by prohibiting the slaughter of horses for human 
 consumption and by prohibiting the trade and transport of horseflesh 
and live horses intended for human consumption, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 14, 2002

Mrs. Morella (for herself, Mr. Gilman, Mr. Jones of North Carolina, Mr. 
    Horn, Mr. Pallone, Mr. Hinchey, and Mr. Lantos) introduced the 
following bill; which was referred to the Committee on Agriculture, and 
in addition to the Committees on International Relations, and Ways and 
 Means, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To prevent the slaughter of horses in and from the United States for 
  human consumption by prohibiting the slaughter of horses for human 
 consumption and by prohibiting the trade and transport of horseflesh 
and live horses intended for human consumption, 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 ``American Horse Slaughter Prevention 
Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Horses have played a significant role in the history 
        and culture of the United States.
            (2) Horses in the United States are not raised for food or 
        fiber.
            (3) Approximately 50,000 horses from the United States are 
        slaughtered for human consumption annually at three United 
        States-based, foreign-owned slaughterhouses. Thousands of live 
        horses are exported across United States borders annually for 
        slaughter and consumption.
            (4) Many horses shipped to slaughter are young, healthy 
        animals. Others are in poor body condition and may be suffering 
        broken limbs and other serious ailments. Many are shipped on 
        double-deck trucks designed for shorter-necked species, such as 
        pigs, cattle, and sheep, and are forced to travel in a bent 
        position. Many suffer horribly during the long journey to the 
        slaughterhouse. Horses that collapse due to injury or illness 
        during the long journey may be trampled. Mares at risk of 
        foaling, sick, emaciated, very young, or badly injured animals 
        may not survive transport.
            (5) Poor conditions and callous treatment in 
        slaughterhouses for horses often result in prolonged suffering. 
        Due to improper stunning methods, horses often endure repeated 
        blows to the head with stunning equipment that often does not 
        render the animals unconscious. Some animals proceed still 
        conscious through the remaining stages of slaughter, including 
        throat slitting.
            (6) The slaughtering of horses for human consumption 
        outside of the United States is a commercial activity that 
        generally occurs in, and affects, both interstate and 
        international commerce. While horses are slaughtered for human 
        consumption primarily outside the United States, a ban on 
        slaughtering horses for human consumption either inside or 
        outside the United States is necessary to ensure effective 
        enforcement of the ban on slaughtering horses for human 
        consumption outside of the United States.
            (7) The imposition of a ban on the sale of horseflesh for 
        human consumption, regardless of its source, is consistent with 
        the international obligations of the United States because it 
        applies equally to domestic and foreign producers and avoids 
        any discrimination among foreign sources of competing products. 
        Such a ban is also consistent with provisions of international 
        agreements to which the United States is a party that expressly 
        allow for measures designed to protect the health and welfare 
        of animals and to enjoin the use of deceptive trade practices 
        in international or domestic commerce.

SEC. 3. PURPOSE.

    The purpose of this Act is to ensure that horses in the United 
States are not slaughtered for human consumption by prohibiting--
            (1) the slaughter of horses for human consumption; and
            (2) the trade in horseflesh for human consumption or live 
        horses destined for slaughter for human consumption.

SEC. 4. DEFINITIONS.

    For the purposes of this Act, the following definitions apply:
            (1) Euthanasia.--The term ``euthanasia'' means to kill an 
        animal humanely by chemical or other means, excluding 
        electrocution, that immediately renders the animal unconscious, 
        with this state remaining until the animal's swift death.
            (2) Export.--The term ``export'' means to take from any 
        place subject to the jurisdiction of the United States to a 
        place not subject to such jurisdiction, whether or not the 
        taking constitutes an exportation within the meaning of the 
        customs laws of the United States.
            (3) Horse.--The term ``horse'' means all members of the 
        equid family, including horses, ponies, donkeys, mules, asses, 
        and burros.
            (4) Horseflesh.--The term ``horseflesh'' means the flesh of 
        a dead horse, including the animal's viscera, skin, hair, hide, 
        hooves, and bones.
            (5) Human consumption.--The term ``human consumption'' 
        means ingestion by people as a source of food.
            (6) Import.--The term ``import'' means to bring into any 
        place subject to the jurisdiction of the United States from a 
        place not subject to such jurisdiction, whether or not the 
        bringing constitutes an importation within the meaning of the 
        customs laws of the United States.
            (7) Person.--The term ``person'' means--
                    (A) an individual, corporation, partnership, trust, 
                association, or other private entity;
                    (B) an officer, employee, agent, department, or 
                instrumentality of--
                            (i) the Federal Government; or
                            (ii) any State, municipality, or political 
                        subdivision of State; or
                    (C) any other entity subject to the jurisdiction of 
                the United States.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (9) Slaughter.--The term ``slaughter'' means the commercial 
        slaughter of a horse.
            (10) State.--The term ``State'' means the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        Virgin Islands, Guam, the Commonwealth of the Northern Mariana 
        Islands, American Samoa, and any other territory, or possession 
        of the United States.
            (11) Transport.--The term ``transport'' means to move by 
        any means, or to receive or load onto a vehicle for the purpose 
        of movement.
            (12) United states.--The term ``United States'' means the 
        customs territory of the United States, as defined in general 
        note 2 of the Harmonized Tariff Schedule of the United States.

SEC. 5. PROHIBITED ACTS.

    (a) In General.--A person shall not--
            (1) slaughter a horse for human consumption;
            (2) import into, or export from, the United States 
        horseflesh for human consumption or live horses intended for 
        slaughter for human consumption;
            (3) sell or barter, offer to sell or barter, purchase, 
        possess, transport, deliver, or receive horseflesh for human 
        consumption or live horses intended for slaughter for human 
        consumption; or
            (4) solicit, request, or otherwise knowingly cause any act 
        prohibited under paragraph (1), (2), or (3).

SEC. 6. PENALTIES AND ENFORCEMENT.

    (a) Criminal Penalties.--A person who violates section 5 shall be 
fined under title 18, United States Code, imprisoned for not more than 
1 year, or both.
    (b) Civil Penalties.--
            (1) In general.--Any person who violates any provision of 
        section 5 shall, in addition to any other civil or criminal 
        penalty that may be imposed under title 18, United States Code, 
        or any other provision of law, be assessed, by the Secretary, a 
        civil penalty of not more than $5,000 but not less than $2,500, 
        and shall have confiscated all horses in that person's physical 
        or legal possession at the time of arrest, if said horses are 
        intended for slaughter.
            (2) Debarment.--The Secretary shall prohibit a person from 
        importing, exporting, transporting, trading, or selling horses 
        in the United States, if the Secretary finds that the person 
        has engaged in a pattern or practice of actions that has 
        resulted in a final administrative determination with respect 
        to the assessment of criminal or civil penalties for violations 
        of any provision of this Act.
    (c) Notice; Hearing.--No monetary penalty may be assessed under 
this subsection against a person unless the person is given notice and 
opportunity for a hearing with respect to such violation in accordance 
with section 554 of title 5, United States Code.
    (d) Enforcement.--
            (1) In general.--The provisions of this Act shall be 
        enforced by the Secretary. When imposing penalties under this 
        section, the Secretary shall take into account the seriousness 
        of the violation, the culpability of the violator, and the 
        violator's record of cooperating with the Government in 
        disclosing the violation.
            (2) Placement of confiscated horses.--
                    (A) Temporary placement.--After confiscation of a 
                live horse pursuant to this Act, the arresting 
                authorities shall work with animal welfare societies 
                and animal control departments to ensure the temporary 
                placement of the horse with an animal rescue facility 
                that is an organization described in section 501(c)(3) 
                of the Internal Revenue Code of 1986 and is exempt from 
                taxation under section 501(a) of such Code, while the 
                person charged with violating this Act is prosecuted. 
                If placement at such a facility is not possible, the 
                arresting authorities shall work with animal welfare 
                societies and animal control departments to temporarily 
                place the horse with a facility that has as its primary 
                purpose the humane treatment of animals, or another 
                suitable location.
                    (B) Bonds.--
                            (i) Posting of bond.--The owner of a horse 
                        confiscated pursuant to this Act may prevent 
                        permanent placement of the horse by the 
                        facility that has temporary custody of the 
                        horse by posting a bond with the court in an 
                        amount the court determines is sufficient to 
                        provide for the necessary care and keeping of 
                        the horse for at least 60 days, including the 
                        day on which the horse was taken into custody. 
                        Such bond shall be filed with the court within 
                        10 days after the horse is confiscated. If a 
                        bond is not so posted, the custodial facility 
                        shall determine permanent placement of the 
                        horse in accordance with reasonable practices 
                        for the humane treatment of animals. If the 
                        animal has not yet been returned to the owner 
                        at the end of the time for which expenses are 
                        covered by the bond, and if the owner desires 
                        to prevent permanent placement of the animal by 
                        the custodial facility, the owner shall post a 
                        new bond with the court within ten days 
                        following the prior bond's expiration. If a new 
                        bond is not so posted, the custodial facility 
                        shall determine permanent placement of the 
                        horse in accordance with reasonable practices 
                        for the humane treatment of animals.
                            (ii) Costs for providing care for horse 
                        deducted from bond.--If a bond has been posted 
                        in accordance with clause (i), the custodial 
                        facility may draw from the bond the actual 
                        reasonable costs incurred by the facility in 
                        providing the necessary care and keeping of the 
                        confiscated horse from the date of the 
initial confiscation to the date of final disposition of the horse in 
the criminal action charging a violation of this Act.
                    (C) Permanent placement.--Any horse confiscated 
                pursuant to this Act and not returned to the owner 
                thereafter (except where otherwise provided in 
                paragraph (3)) shall be placed permanently with an 
                animal rescue facility or other suitable facility as 
                described in this section upon--
                            (i) the conviction of the horse's owner 
                        pursuant to this Act;
                            (ii) the owner's surrender of the horse;
                            (iii) the failure of the horse's owner to 
                        post a bond as required in accordance with 
                        subparagraph (B); or
                            (iv) the Secretary's inability to identify 
                        the owner.
            (3) Euthanasia of horses.--
                    (A) Horses past recovery.--The Secretary or any 
                individual charged with enforcing this Act shall order 
                or perform the immediate euthanasia of any confiscated 
                horse when such horse is injured, disabled, or diseased 
                past recovery. Methods used shall be in accordance with 
                the most recent Report of the American Veterinary 
                Medical Association's Panel on Euthanasia and State and 
                local laws, but shall not include electrocution.
                    (B) Unplaceable horses.--The Secretary or any 
                individual charged with enforcing this Act may order or 
                perform the euthanasia of any confiscated horse when 
                placement at an animal rescue facility or other 
                suitable facility, as described in this section, is not 
                possible within 30 days of any circumstance as 
                described in Section 6(d)(2)(C).
    (e) Funding of Animal Rescue Facilities.--
            (1) Grants.--To the extent that funds are made available 
        for this purpose by Acts of appropriation, the Secretary shall 
        make grants to animal rescue facilities described in this 
        section that have given adequate assurances to the Secretary 
        that they are willing to accept horses confiscated pursuant to 
        this Act.
            (2) Penalties, fines, and forfeited property.--Amounts 
        received as penalties, fines, or forfeited property under this 
        Act shall be used for the care of any live horses seized from 
        violators of this Act and taken into the possession of the 
        United States or placed with an animal rescue facility as 
        described in this section.
    (f) Calculation of Violations.--For purposes of this section, a 
separate offense shall be calculated as follows:
            (1) Each live horse transported, traded, or possessed in 
        violation of this Act shall constitute a separate offense.
            (2) Five hundred pounds of confiscated horseflesh shall 
        constitute a separate offense.

SEC. 7. REPORT ON ENFORCEMENT EFFORTS.

    Not later than 2 years after the date of the enactment of this Act, 
and on an annual basis thereafter, the Secretary shall submit a report 
to Congress on the efforts of the United States Government to enforce 
the provisions of this Act and the adequacy of the resources to do so.

SEC. 8. EXEMPTIONS.

    (a) In General.--Except as provided in section 5, nothing in this 
Act shall be construed to affect the regulation by any State of its 
horse population.
    (b) Exception for Designated Law Enforcement Official Purposes.--A 
person described in section 4(7)(B) may engage in activities described 
in paragraphs (2), (3), and (4) of section 5 solely for purposes of 
enforcing this Act.

SEC. 9. DATE OF ENFORCEMENT.

    This Act shall take effect one year after the date of the enactment 
of this Act.
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