[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2352 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2352

 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 SENATE OF THE UNITED STATES

                             April 27, 2004

 Mr. Ensign (for himself, Ms. Landrieu, Mr. Lieberman, Mr. Inouye, and 
 Ms. Collins) introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 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 of 2004''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to prohibit the slaughter of horses for human 
        consumption;
            (2) to prohibit the sale, possession, and trade of 
        horseflesh for human consumption; and
            (3) to prohibit the sale, possession, and trade of live 
        horses for slaughter for human consumption.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Euthanasia.--The term ``euthanasia'' means to kill an 
        animal humanely by means that immediately render the animal 
        unconscious, with this state remaining until the swift death of 
        the animal.
            (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 that 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 viscera, skin, hair, hide, hooves, 
        and bones of the horse.
            (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 that 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 a 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 1 or more horses with an intent to sell, barter, 
        or trade horseflesh for human consumption.
            (10) State.--The term ``State'' means--
                    (A) each of the several States of the United 
                States;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico;
                    (D) Guam;
                    (E) American Samoa;
                    (F) the Commonwealth of the Northern Mariana 
                Islands;
                    (G) the Federated States of Micronesia;
                    (H) the Republic of the Marshall Islands;
                    (I) the Republic of Palau;
                    (J) the United States Virgin Islands; and
                    (K) any other territory or possession of the United 
                States.
            (11) Transport.--The term ``transport'' means--
                    (A) to move by any means; or
                    (B) 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. 4. PROHIBITED ACTS.

    A person shall not--
            (1) slaughter a horse for human consumption;
            (2) import into, or export from, the United States--
                    (A) horseflesh for human consumption; or
                    (B) live horses intended for slaughter for human 
                consumption;
            (3) sell or barter, offer to sell or barter, purchase, 
        possess, transport, deliver, or receive--
                    (A) horseflesh for human consumption; or
                    (B) 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. 5. PENALTIES.

    (a) Criminal Penalties.--A person that violates section 4 shall be 
fined under title 18, United States Code, imprisoned for not more than 
1 year, or both.
    (b) Civil Penalties.--
            (1) In general.--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, if a person violates section 4, 
        the Secretary shall--
                    (A) assess a civil penalty against the person of 
                not less than $2,500 but not more than $5,000; and
                    (B) confiscate all horses in the physical or legal 
                possession of the person at the time of arrest, if the 
                horses are intended for slaughter.
            (2) Remission or mitigation of penalties.--For good cause 
        shown, the Secretary may remit or mitigate any civil penalty 
        under this Act.
            (3) 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 have 
        resulted in a final judicial or administrative determination 
        with respect to the assessment of criminal or civil penalties 
        for violations of this Act.
    (c) Notice; Hearing.--No monetary penalty may be assessed against a 
person for a violation under this section unless the person is given 
notice and opportunity for a hearing with respect to the violation in 
accordance with section 554 of title 5, United States Code.
    (d) Separate Offenses.--
            (1) Live horse.--Each live horse transported, traded, 
        slaughtered, or possessed in violation of this Act shall 
        constitute a separate offense.
            (2) Horseflesh.--Each 400 hundred pounds or less of 
        horseflesh transported, traded, slaughtered, or possessed in 
        violation of this Act shall constitute a separate offense.

SEC. 6. ENFORCEMENT.

    (a) In General.--The Secretary shall enforce this Act directly or 
by agreement with any other Federal, State, or local agency.
    (b) Administration.--Any person authorized by the Secretary to 
enforce this Act--
            (1) may execute any warrant or process issued by any 
        officer or court of competent jurisdiction to enforce this Act; 
        and
            (2) if so authorized, may, in addition to any other 
        authority conferred by law--
                    (A) with or without warrant or other process, 
                arrest any person committing (in the presence or view 
                of the authorized person) a violation of this Act 
                (including a regulation promulgated under this Act);
                    (B) seize the cargo of any truck or other 
                conveyance used or employed to violate this Act 
                (including a regulation promulgated under this Act) or 
                that reasonably appears to have been so used or 
                employed; and
                    (C) seize, whenever and wherever found, all horses 
                and horseflesh possessed in violation of this Act 
                (including a regulation promulgated under this Act) and 
                dispose of the horses and horseflesh, in accordance 
                with this section (including regulations promulgated 
                under this Act).
    (c) Placement of Confiscated Horses.--
            (1) Temporary placement.--After confiscation of a live 
        horse pursuant to this Act, an arresting authority shall work 
        with animal welfare societies and animal control departments--
                    (A) 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 that Code, while the person charged with 
                violating this Act is prosecuted; or
                    (B) if placement at such a facility is not 
                practicable, to temporarily place the horse with--
                            (i) a facility that has as its primary 
                        purpose the humane treatment of animals; or
                            (ii) another suitable location, as 
                        determined by the Secretary or arresting 
                        authority.
            (2) Bonds.--
                    (A) In general.--The owner of a horse confiscated 
                under this Act may prevent permanent placement of the 
                horse by the facility that has temporary custody of the 
                horse by posting a bond with a court of competent 
                jurisdiction 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.
                    (B) Timing.--The bond shall be filed with the court 
                not later than 10 days after the horse is confiscated.
                    (C) Lack of bond.--If a bond is not posted in 
                accordance with this paragraph, the custodial facility 
                shall determine permanent placement of the horse in 
                accordance with reasonable practices for the humane 
                treatment of animals.
                    (D) Treatment following bond period.--
                            (i) New bond.--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 10 days after expiration of 
                        the prior bond.
                            (ii) Permanent placement.--If a new bond is 
                        not posted in accordance with clause (i), the 
                        custodial facility shall determine permanent 
                        placement of the horse in accordance with 
                        reasonable practices for the humane treatment 
                        of animals.
                    (E) Costs for providing care for horse deducted 
                from bond.--If a bond is posted in accordance with this 
                paragraph, 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 of the horse to the date of 
final disposition of the horse in the criminal action charging a 
violation of this Act.
            (3) Permanent placement.--Except as provided in subsection 
        (d), any horse confiscated pursuant to this Act and not 
        returned to the owner after confiscation shall be placed 
        permanently with an animal rescue facility or other suitable 
        facility as described in this section on--
                    (A) the conviction under this Act of the owner of 
                the horse;
                    (B) the surrender of the horse by the owner;
                    (C) the failure of the owner of the horse to post a 
                bond as required in accordance with paragraph (2); or
                    (D) the inability of the Secretary to identify the 
                owner.
    (d) Euthanasia of Horses.--
            (1) Emergency circumstances.--The Secretary or any law 
        enforcement authority charged with enforcing this Act may order 
        or perform the immediate euthanasia of any horse in the field 
        if the horse is injured beyond recovery and suffering 
        irreversibly.
            (2) Horses beyond recovery and unplaceable.--The Secretary 
        or any law enforcement authority charged with enforcing this 
        Act may order a licensed veterinarian to euthanize any 
        confiscated horse if--
                    (A) the confiscated horse is injured, disabled, or 
                diseased beyond recovery; or
                    (B) placement at an animal rescue facility or other 
                suitable facility, as described in this section, is not 
                practicable within 90 days of any circumstance 
                described in subsection (c)(3).
            (3) Method.--In euthanizing a horse under paragraph (2), 
        the Secretary, law enforcement authority charged with enforcing 
        this Act, or a licensed veterinarian conducting the euthanasia 
        shall use a method of euthanasia rated ``Acceptable'' for 
        horses in the most recent Report of the American Veterinary 
        Medical Association's Panel on Euthanasia.
    (e) Funding of Animal Rescue Facilities.--
            (1) Grants.--Subject to the availability of appropriated 
        funds, the Secretary shall make grants to animal rescue 
        facilities described in subsection (c)(1)(A) that have given 
        adequate assurances to the Secretary that the facilities are 
        willing to accept horses under this Act.
            (2) Penalties, fines, and forfeited property.--Amounts 
        received as penalties or fines under this Act, and property 
        forfeited under this Act, shall be used for the care of any 
        live horses seized from violators of this Act and taken into 
        the possession by the United States or placed with an animal 
        rescue facility or other suitable location.

SEC. 7. REPORTS.

    Not later than 2 years after the date of the enactment of this Act, 
and on an annual basis thereafter, the Secretary shall submit to 
Congress a report on--
            (1) actions taken by the Secretary and other Federal 
        agencies to carry out this Act; and
            (2) the adequacy of resources to carry out this Act.

SEC. 8. EXEMPTIONS.

    (a) In General.--Subject to section 4 and subsection (b), nothing 
in this Act affects the regulation of horses by a State.
    (b) Law Enforcement Authorities.--
            (1) In general.--A State or local law enforcement or 
        arresting authority may take such actions as are necessary 
        under section 6 to enforce this Act.
            (2) Enforcement.--A person described in section 3(7)(B) may 
        engage in activities described in paragraphs (2), (3), and (4) 
        of section 4 solely for the purposes of enforcing this Act.

SEC. 9. REGULATIONS.

    The Secretary shall promulgate such regulations as are necessary to 
carry out this Act.

SEC. 10. EFFECTIVE DATE.

    This Act takes effect on the date that is 1 year after the date of 
the enactment of this Act.
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