To prohibit the interstate transport of horses for the purpose of slaughter or horse flesh intended for human consumption, and for other purposes.

July 25, 2001

Mr. REYNOLDS introduced the following bill; which was referred to the Committee on Agriculture

To prohibit the interstate transport of horses for the purpose of slaughter or horse flesh 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 `Helping Out to Rescue and Save Equines Act'.

SEC. 2. INTERSTATE TRANSPORT OF HORSES FOR SLAUGHTER PROHIBITED.

(a) PROHIBITION- It shall be unlawful for any person to willingly and knowingly transport or cause to be transported between any place in a State and any place outside of such State--

(1) any horse (other than a downed horse) for the purpose of slaughtering the horse; or

(2) any horse flesh processed or intended to be processed for human consumption.

(b) INSPECTIONS- The Secretary shall make such investigations or inspections as the Secretary deems necessary to determine whether any person has violated or is violating any provision of this section or any regulation issued under this section.

(c) CONFISCATION- The Secretary shall promulgate regulations to permit inspectors to confiscate any horse or horse flesh found to be in transport or to have been transported in violation of subsection (a).

(d) PENALTIES-

(1) ILLEGAL TRANSPORT- Any person who is found to have violated subsection (a) shall be fined $5,000. Such a fine shall be assessed per horse that is transported in violation of subsection (a)(1) and per property-carrying unit (as defined in section 31112 of title 49, United States Code) for a violation of subsection (a)(2) regardless of how many State lines were crossed during that transport. In addition to such fine, in the case of a violation of subsection (a)(1), such person shall be fined an amount determined by the Secretary to defray or help defray the costs of confiscating, transporting, boarding, and providing veterinary care to the horse until it is placed in a rescue facility pursuant to subsection (e).

(2) INTERFERENCE WITH OFFICIALS- Any person who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person while engaged in or on account of the performance of official duties under this section shall be fined not more than $5,000, or imprisoned not more than three years, or both. Whoever, in the commission of such acts, uses a deadly or dangerous weapon shall be fined not more than $10,000, or imprisoned not more than ten years, or both. Whoever kills any person while engaged in or on account of the performance of official duties under this section shall be punished as provided under sections 1111 and 1114 of title 18, United States Code.

(e) PLACEMENT OF CONFISCATED HORSES- After confiscation of a live horse pursuant to subsection (c), the Secretary shall donate the horse to a rescue facility that is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from tax under section 501(a) of such Code. The Secretary shall make reasonable efforts to place the horse in such a rescue facility located within the State where the horse last resided.

(f) GRANTS-

(1) IN GENERAL- The Secretary may make grants to rescue facilities described in subsection (e) that have given adequate assurances to the Secretary that they are willing to accept horses donated pursuant to that subsection.

(2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated for the purposes of this subsection amounts equal to amounts collected under subsection (d).

(g) DEFINITIONS- For the purposes of this section, the following definitions apply:

(1) DOWNED HORSE- The term `downed horse' means a horse that is unable to stand and walk unassisted.

(2) SECRETARY- The term `Secretary' means the Secretary of Agriculture.

(3) STATE- The term `State' means the several States, the District of Columbia, and any territory or possession of the United States.

SEC. 3. REGULATIONS.

Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue final regulations to carry out this Act, including regulations for enforcement of and inspections under this Act. This Act shall take effect on the date of the enactment of this Act without regard to whether such regulations have been issued.

END