[Congressional Record Volume 141, Number 153 (Thursday, September 28, 1995)]
[Senate]
[Pages S14547-S14550]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCONNELL:
  S. 1283. A bill to authorize the Secretary of Agriculture to regulate 
the commercial transportation of horses, and for other purposes; to the 
Committee on Agriculture, Nutrition, and Forestry.


  the humane methods of livestock slaughter act amendments act of 1995

 Mr. McCONNELL. Mr. President, last year I introduced 
legislation amending the Federal Humane Methods of Livestock Slaughter 
Act to regulate the commercial transportation of horses to slaughter 
facilities. After considerable discussion and much mail on this 
important issue, I have made several modifications to the original 
bill. Today, I am introducing legislation that will provide greater 
oversight and 

[[Page S 14548]]
integrity concerning the commercial transportation of horses to 
slaughter facilities.
  I am pleased that my bill is supported by the American Horse Council, 
and the American Horse Protection Association. Other organizations that 
support this legislation include the American Association of Equine 
Practitioners, the American Humane Association, the American Society 
for Prevention of Cruelty to Animals, and the Humane Society of the 
United States.
  Currently, some horses are being transported for long periods in 
overcrowded conditions without rest, food, or water. Some vehicles used 
for transport have inadequate headroom and are not intended to 
transport large animals. Further, some of the horses transported have 
serious injuries which can be severely aggravated by the journey. This 
legislation would give the Secretary of Agriculture the authority to 
correct these practices by regulating those in the business of 
transporting horses to processing facilities.
  I want to make it clear that it is not my intention to either promote 
or prevent the commercial slaughter of horses. This industry has been 
in existence for a long time in this country, and I expect that it will 
continue to operate long into the future. My purpose in this 
legislation is to protect horses from unduly harsh and unpleasant 
treatment as they are transported across the country.
  Horses occupy a central role in the traditions, history, and economy 
of Kentucky. Thousands of Kentuckians are employed either directly or 
indirectly by the horse industry. Horses have been good to Kentucky; 
and we should try to the maximum practical extent to be good to horses.
  This bill would require that horses be rested off the vehicle after 
24 hours, with access to food and water. Vehicles used to transport the 
horses would have to have adequate headroom and interiors free of sharp 
edges. Transporting vehicles must be maintained in a sanitary 
condition, offer adequate ventilation and shelter from extremes of heat 
and cold, be large enough for the number of horses transported, and 
allow for the position of horses by size, with stallions segregated 
from other horses. Finally, in order to be transported, horses must be 
physically fit to travel.
  Enforcement of the Act is placed with the U.S. Department of 
Agriculture, which presently regulates the slaughter process itself 
under the Humane Methods of Slaughter Act. The Department would be 
authorized to work with State and local authorities to enforce the 
provisions of this bill. This bill, while correcting abuses that exist, 
will not be an excessive burden on the processing facilities, auctions, 
or the commercial transporters of these horses.
  Unlike other livestock, the transportation of horses to processing 
facilities is often a lengthy process, because there are fewer 
facilities that handle horses and they are located in only a few areas. 
Moreover, not all of them operate on a full-time basis. The result is 
that the transporting of these animals requires special protection.
  There are several States that have passed legislation to regulate the 
transportation of these horses, but most of the travel is interstate, 
across wide areas. This is why Federal legislation is needed. The 
shipment of horses over long distances in inappropriate trailers, 
without food or water, is unacceptable. This bill would extend Federal 
regulation to the commercial transport of horses to slaughter and 
assure the humane and safe conditions of that transport.
  I invite all groups that are concerned about these horses to work 
with me in passing this legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1283

       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 for Slaughter 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

[[Page S 14549]]

       ``(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 

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     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).
                                 ______