[Congressional Record Volume 164, Number 108 (Wednesday, June 27, 2018)]
[Senate]
[Pages S4666-S4667]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3297. Mr. MENENDEZ submitted an amendment intended to be proposed
by him to the bill H.R. 2, to provide for the reform and continuation
of agricultural and other programs of the Department of Agriculture
through fiscal year 2023, and for other purposes; which was ordered to
lie on the table; as follows:
At the end of subtitle E of title XII, add the following:
SEC. 125___. HORSE SLAUGHTER PREVENTION.
(a) Purposes.--The purposes of this section 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.
(b) Definitions.--In this section:
(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) 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.
(9) 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.
(10) 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.
(11) 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.
(c) 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).
(d) Penalties.--
(1) Criminal penalties.--A person that violates subsection
(c) shall be fined under title 18, United States Code,
imprisoned for not more than 1 year, or both.
(2) Civil penalties.--
(A) 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
subsection (c), the Secretary shall--
(i) assess a civil penalty against the person of not less
than $2,500 but not more than $5,000; and
(ii) confiscate all horses in the physical or legal
possession of the person at the time of arrest, if the horses
are intended for slaughter.
(B) Remission or mitigation of penalties.--For good cause
shown, the Secretary may remit or mitigate any civil penalty
under this section.
(C) 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 section.
(3) Notice; hearing.--No monetary penalty may be assessed
against a person for a violation under this subsection 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.
(4) Separate offenses.--
(A) Live horse.--Each live horse transported, traded,
slaughtered, or possessed in violation of this section shall
constitute a separate offense.
(B) Horseflesh.--Each 400 hundred pounds or less of
horseflesh transported, traded, slaughtered, or possessed in
violation of this section shall constitute a separate
offense.
(e) Enforcement.--
(1) In general.--The Secretary shall enforce this section
directly or by agreement with any other Federal, State, or
local agency.
(2) Administration.--Any person authorized by the Secretary
to enforce this section--
(A) may execute any warrant or process issued by any
officer or court of competent jurisdiction to enforce this
section; and
(B) if so authorized, may, in addition to any other
authority conferred by law--
(i) with or without warrant or other process, arrest any
person committing (in the presence or view of the authorized
person) a violation of this section (including a regulation
promulgated under this section);
(ii) seize the cargo of any truck or other conveyance used
or employed to violate this section (including a regulation
promulgated under this section) or that reasonably appears to
have been so used or employed; and
(iii) seize, whenever and wherever found, all horses and
horseflesh possessed in violation of this section (including
a regulation promulgated under this section) and dispose of
the horses and horseflesh, in accordance with this subsection
(including regulations promulgated under this section).
(3) Placement of confiscated horses.--
(A) Temporary placement.--After confiscation of a live
horse under this section, an arresting authority shall work
with animal welfare societies and animal control
departments--
(i) 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 section is prosecuted;
or
(ii) 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.
(B) Bonds.--
(i) In general.--The owner of a horse confiscated under
this section 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.
(ii) Timing.--The bond shall be filed with the court not
later than 10 days after the horse is confiscated.
(iii) Lack of bond.--If a bond is not posted in accordance
with this subparagraph, the custodial facility shall
determine permanent placement of the horse in accordance with
reasonable practices for the humane treatment of animals.
(iv) Treatment following bond period.--
(I) New bond.--If the animal has not yet been returned to
the owner at the end of the
[[Page S4667]]
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 subclause (I), the custodial facility shall
determine permanent placement of the horse in accordance with
reasonable practices for the humane treatment of animals.
(v) Costs for providing care for horse deducted from
bond.--If a bond is posted in accordance with this
subparagraph, 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 section.
(C) Permanent placement.--Except as provided in paragraph
(4), any horse confiscated pursuant to this section 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--
(i) the conviction under this section of the owner of the
horse;
(ii) the surrender of the horse by the owner;
(iii) the failure of the owner of the horse to post a bond
as required under subparagraph (B); or
(iv) the inability of the Secretary to identify the owner.
(4) Euthanasia of horses.--
(A) Emergency circumstances.--The Secretary or any law
enforcement authority charged with enforcing this section may
order or perform the immediate euthanasia of any horse in the
field if the horse is injured beyond recovery and suffering
irreversibly.
(B) Horses beyond recovery and unplaceable.--The Secretary
or any law enforcement authority charged with enforcing this
section may order a licensed veterinarian to euthanize any
confiscated horse if--
(i) the confiscated horse is injured, disabled, or diseased
beyond recovery; or
(ii) placement at an animal rescue facility or other
suitable facility, as described in this subsection, is not
practicable within 90 days of any circumstance described in
paragraph (3)(C).
(C) Method.--In euthanizing a horse under subparagraph (B),
the Secretary, law enforcement authority charged with
enforcing this section, 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.
(5) Funding of animal rescue facilities.--
(A) Grants.--Subject to the availability of appropriated
funds, the Secretary shall make grants to animal rescue
facilities described in paragraph (3)(A)(i) that have given
adequate assurances to the Secretary that the facilities are
willing to accept horses under this section.
(B) Penalties, fines, and forfeited property.--Amounts
received as penalties or fines under this section, and
property forfeited under this section, shall be used for the
care of any live horses seized from violators of this section
and taken into the possession by the United States or placed
with an animal rescue facility or other suitable location.
(f) Reports.--Not later than 2 years after the date of
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 section; and
(2) the adequacy of resources to carry out this section.
(g) Exemptions.--
(1) In general.--Subject to subsection (c) and paragraph
(2), nothing in this section affects the regulation of horses
by a State.
(2) Law enforcement authorities.--
(A) In general.--A State or local law enforcement or
arresting authority may take such actions as are necessary
under subsection (e) to enforce this section.
(B) Enforcement.--A person described in subsection
(b)(7)(B) may engage in activities described in paragraphs
(2), (3), and (4) of subsection (c) solely for the purposes
of enforcing this section.
(h) Regulations.--The Secretary shall promulgate such
regulations as are necessary to carry out this section.
(i) Effective Date.--This section takes effect on the date
that is 1 year after the date of enactment of this Act.
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