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110th Congress Rept. 110-901
HOUSE OF REPRESENTATIVES
2d Session Part 1
======================================================================
PREVENTION OF EQUINE CRUELTY ACT OF 2008
_______
September 28, 2008.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Conyers, from the Committee on the Judiciary, submitted the
following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 6598]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 6598) to amend title 18, United States Code, to prohibit
certain conduct relating to the use of horses for human
consumption, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
CONTENTS
Page
The Amendment.................................................... 2
Purpose and Summary.............................................. 2
Background and Need for the Legislation.......................... 2
Hearings......................................................... 5
Committee Consideration.......................................... 6
Committee Votes.................................................. 6
Committee Oversight Findings..................................... 8
New Budget Authority and Tax Expenditures........................ 9
Congressional Budget Office Cost Estimate........................ 9
Performance Goals and Objectives................................. 10
Constitutional Authority Statement............................... 10
Advisory on Earmarks............................................. 10
Section-by-Section Analysis...................................... 10
Changes in Existing Law Made by the Bill, as Reported............ 11
Minority Views................................................... 12
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prevention of Equine Cruelty Act of
2008''.
SEC. 2. SLAUGHTER OF HORSES FOR HUMAN CONSUMPTION.
(a) In General.--Chapter 3 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 50. Slaughter of horses for human consumption
``(a) Except as provided in subsection (b), whoever knowingly--
``(1) possesses, ships, transports, purchases, sells,
delivers, or receives, in or affecting interstate commerce or
foreign commerce, any horse with the intent that it is to be
slaughtered for human consumption; or
``(2) possesses, ships, transports, purchases, sells,
delivers, or receives, in or affecting interstate commerce or
foreign commerce, any horse flesh or carcass or part of a
carcass, with the intent that it is to be used for human
consumption;
shall be fined under this title or imprisoned not more than three years
or both.
``(b) If--
``(1) the defendant engages in conduct that would otherwise
constitute an offense under subsection (a);
``(2) the defendant has no prior conviction under this
section; and
``(3) the conduct involves less than five horses or less than
2000 pounds of horse flesh or carcass or part of a carcass;
the defendant shall, instead of being punished under that subsection,
be fined under this title or imprisoned not more than one year, or
both.
``(c) The Attorney General, in consultation with the Secretary of
Agriculture, shall provide for the humane placement or other humane
disposition of any horse seized in connection with an offense under
this section.
``(d) As used in this section, the term `horse' means any member of
the family Equidae.''.
(b) Clerical Amendment.--The table of sections for chapter 3 of title
18, United States Code, is amended by adding at the end the following
new item:
``50. Slaughter of horses for human consumption.''.
Purpose and Summary
This bill makes it illegal to possess, ship, transport,
purchase, sell, deliver, or receive any horse with the intent
that itbe slaughtered for human consumption. The bill also
makes it illegal to engage in the above conduct with respect to
horse flesh or carcass with the intent that it be used for
human consumption. The crime is punishable as either a
misdemeanor or felony, depending on the circumstances of the
offense.
Background and Need for the Legislation
BACKGROUND
In 2007, the last three horse slaughter houses\1\ in the
United States were closed as a result of State laws. In January
2007, the Fifth Circuit upheld a 1949 Texas State law that had
prohibited the possession, sale, or transfer of horsemeat for
human consumption. Empacadora de Carnes de Fresnillo, S.A. de
C.V. v. Durry, 476 F.3d 326 (5th Cir. 2007). As a result of
this ruling, the two remaining horse slaughter houses in Texas
were closed. The State of Illinois, on May 24, 2007, passed the
Illinois Horse Meat Act, making it unlawful to slaughter a
horse knowing that the meat will be used for human consumption.
The Seventh Circuit upheld the legality of this State law, and
the last remaining horse slaughter plant in the United States
closed its doors. Cavel International, Inc. v. Madigan, 500
F.3d 551 (7th Cir. 2007).
---------------------------------------------------------------------------
\1\Horse ``slaughter'' is a term used to refer to the process of
killing a horse for the purpose of human consumption. The horses are
alive when they arrive at the slaughterhouse. Horse ``rendering''
plants accept deceased horses, which are then processed for purposes
other than human consumption. Horse rendering plants are legal and are
not at issue here.
---------------------------------------------------------------------------
In spite of these plant closures, the practice of horse
slaughter for human consumption has not gone away. Horses from
the United States are now being shipped to plants in Mexico or
Canada, where horses are slaughtered for human consumption. The
horse meat is then shipped to Europe and Asia, where horse meat
is considered a delicacy. The Humane Society of the United
States reports that in 2007, over 100,000 horses were
slaughtered for human consumption or exported for slaughter for
human consumption. Of this total, about 78,000 horses were
exported to Canada or Mexico for slaughter for human
consumption.\2\
---------------------------------------------------------------------------
\2\Humane Society Equine Slaughter Table, 9/24/2008, compiling data
from the USDA, Foreign Agricultural Service (FAS) ``FAS Agricultural
Import Aggregations and HS-10 Digit Import Commities'' Commodity Codes
0101901010 & 0101190010 (Live Horses for Immediate Slaughter), weekly
Year to Date data from USDA APHIS, ``Canadian Live Animal Imports into
the U.S. by Destination,'' weekly reports listed at http://
www.ams.usda.gov/mnreports/wa_ls637.txt; Annual Data from USDA NASS,
``Equine Slaughter,'' query conducted at http://www.nass.usda.gov:8080/
QuickStats/index2.jsp; Statistics Canada, Canadian International
Merchandise Trade, Commodity Code 0101190010 & 0101900011 (Horses for
slaughter), query conducted at http://www.statcan.ca/trade/scripts7/
trade_search.cgi; and USDA Market News Service, ``US to Mexico Weekly
Livestock Export Summary,'' weekly reports listed at http://
www.ams.usda.gov/mnreports/al_s635.txt
---------------------------------------------------------------------------
The process of slaughtering horses generally starts with
the purchase of horses at a horse auction by a bidder commonly
referred to as a ``killer-buyer,'' who is in the business of
buying horses for transport to the slaughterhouses in Mexico
and Canada. These killer-buyers are often able to out-bid other
bidders. Horse owners selling their horses at such auctions
often have no idea that their horses are being purchased for
slaughter, and are devastated when they discover that their
horse was slaughtered.
The transportation and slaughter process is often brutal.
The horses may travel more than 24 hours to the slaughterhouse,
during which time they typically are not provided water, food
or rest. Procedures at the slaughterhouses vary. According to
an investigative report by the San Antonio Express News, the
``puntilla'' method of slaughter is the standard method at
older Mexican slaughterhouses.\3\
---------------------------------------------------------------------------
\3\Lisa Sandberg, Horse Slaughters Taking Place on the Border,
posted October 2, 2007, http://www.mysanantonio.com/news/
MYSA093007_01A_horseslaughter_3496288_html860.ht ml (with San Antonio
Express News).
---------------------------------------------------------------------------
The ``puntilla'' method begins with placement of the horse
in a narrow chute, where the horse is stabbed with a puntilla
knife in the back in order to paralyze it. The horse then is
hoisted up by one of its legs and slashed in the neck until it
bleeds to death. Reporters from the San Antonio Express
witnessed and filmed this process at a horse slaughterhouse in
Juarez, Mexico.\4\ On the day of one news visit, it took the
slaughterhouse worker 13 stabs in the horse's back before the
horse collapsed.\5\ According to Temple Grandin, a professor of
animal science at Colorado State University, repeated jabs to
the spinal cord would not immediately kill the horse, and the
``horse would likely experience being hoisted up and it's
probably going to experience being bled.''\6\
---------------------------------------------------------------------------
\4\Lisa Sandberg & Jerry Lara, Scent of Death, http://
www.mysanantonio.com/news/
MYSA093007_03B_EN_richtercol_11bea10bf_html4619.html
\5\Sandberg, supra note 3.
\6\Id.
---------------------------------------------------------------------------
DESCRIPTION OF H.R. 6598
H.R. 6598 amends Chapter 3 of Title 18, which covers
``Animals, Birds, Fish, and Plants.'' It criminalizes the
possession, shipment, transport, purchase, sale, delivery, or
receipt of any horse with the intent that it be slaughtered for
human consumption. The bill also criminalizes the same conduct
with respect to horse carcasses or flesh when intended to be
used for human consumption. The law provides for both
misdemeanor and felony offenses. A first time offender whose
conduct involves less than five horses or 2000 pounds of horse
flesh would be guilty of a misdemeanor. A repeat offender, or
someone whose crime involves more than five horses or 2000
pounds flesh, faces a felony conviction, with a statutory
maximum sentence of 3 years prison.
The bill has a high mens rea, requiring that a person
knowingly engage in the prohibited conduct with the intent that
the horse be slaughtered for human consumption. A person who
does not knowingly engage in conduct with such intent, such as
a farmer who sells his horse and later discovers that the buyer
intended to slaughter the horse for human consumption, would
not be guilty under this bill.
It is hoped that the existence of this bill will
effectively deter the majority of conduct prohibited by the
bill. To the extent that people do not comply with the bill and
the Department of Justice is required to seize horses, it is
anticipated that they will work with local rescue groups and
animal shelters for the humane placement or other disposition
of the horses.
ARGUMENTS BY OPPONENTS
Opponents of this bill have argued that horse slaughter is
a necessary evil, and that without it, the horses that would
have been slaughtered will be abandoned or neglected, leading
to another and worse form of cruelty to horses. The available
evidence, however, does not support this assertion. Between
1990 and 1995, the number of horses slaughtered in the United
States decreased from 345,700 to 109, 225. By 2001, the number
of horses slaughtered in the United States or exported for
slaughter had dropped to only 79, 734.\7\ During this time,
there was no reported epidemic of unwanted horses resulting
from the decreased number of horses being slaughtered.
---------------------------------------------------------------------------
\7\Humane Society Equine Slaughter Table, supra note 2.
---------------------------------------------------------------------------
According to a 2002 United States Department of Agriculture
report, 92.3% of the horses arriving at two Texas slaughter
plants arrived in good condition.\8\ They were not the
``unwanted'' sick, old, or starving horses. This statistic
comports with common sense: healthy animals maximize the amount
of meat processed per horse and help insure that the meat will
be of good quality and safe for human consumption. Thus, the
proportion of currently slaughtered horses that fall into the
category of ``unwanted'' sick or old horses would appear to be
small.
---------------------------------------------------------------------------
\8\R. Timothy Cordes, D.V.M. and Betsy J. Stillers, Technical
Coordinators, U.S.D.A. Guidebook for USDA's Slaughter Horse Transport
Program, January 2002, at 5.
---------------------------------------------------------------------------
The corollary of the opponents' argument regarding unwanted
horses is that horse slaughter for human consumption is a
humane form of euthanasia. Again, the available evidence does
not support this claim. The previously described ``puntilla''
slaughter method used at many slaughterhouses in Mexico could
never be considered humane. As described by Dr. Dodman,
Director of Animal Behavior Department of Clinical Sciences at
Tufts' Cummings School of Veterinary Medicine, ``No ethical
veterinarian, faced with a client who has a horse that is old,
sick, or otherwise no longer wanted, would suggest that the
horse in question should be put on a truck and hauled thousands
of miles to slaughter. Instead, the veterinarian would most
likely suggest truly humane euthanasia via chemical injection,
after which the carcass can be composted, buried, incinerated,
sent to landfill or rendered.''\9\ The shot could be performed
by any veterinarian at the farm, ranch, or racetrack.
---------------------------------------------------------------------------
\9\Written testimony of Dr. Dodman at 2, submitted for the Crime,
Terrorism, and Homeland Security Subcommittee hearing on July 31, 2008.
---------------------------------------------------------------------------
The Committee received many letters from horse rescue
organizations across the country, repeatedly telling the same
experience of attempting to buy horses at auctions and getting
out-bid by ``killer-buyers'' from the horse slaughterhouses.
Based on these and other letters, testimony received at our
hearing, and countless phone calls and conversations with other
interested stakeholders, it appears to the Committee that there
is a strongly committed community of horse rescue and sanctuary
organizations, farmers, horse owners, and other entities and
persons that are willing and able to assist with any
``unwanted'' horses that may result from this legislation.
Large organizations such as the National Black Farmers
Association, Animal Welfare Institute, and the Humane Society
of the United States also have pledged to work with their
members to find homes for any ``unwanted horses.''
Horse slaughter for human consumption is a business. It is
motivated by economic forces, not altruistic ones. In the
Committee's opinion, the equities balance in favor of this
legislation. We know for certain that if we do nothing,
hundreds of thousands of horses will meet cruel and inhumane
deaths at foreign slaughterhouses; if we pass this legislation,
we save horses from suffering this same fate in the future.
There may be unintended adverse consequences for a small
percentage of these horses; but we are confident that the
supporters of this bill--which are many and varied--are sincere
about their commitment to the welfare of all horses.
Hearings
The Committee's Subcommittee on Crime, Terrorism, and
Homeland Security held 1 day of hearings on H.R. 6598, on July
31, 2008. Testimony was received from Liz Ross, Federal Policy
Advisor, Animal Welfare Institute; the Honorable Charles W.
Stenholm, Former Member of Congress and Senior Policy Advisor
at Olsson Frank Weeda Terman Bode Matz PC; Dr. John Boyd, Jr.,
President, National Black Farmers Association; Dr. Douglas G.
Corey, DVM and Past President of the American Association of
Equine Practitioners; Dr. Nicholas Dodman, DVM and Professor,
Section Head and Program Director, Animal Behavior Department
of Clinical Sciences Tufts' Cummings School of Veterinary
Medicine and founding member of Veterinarians for Equine
Welfare; and Wayne Pacelle, President and Chief Executive
Officer of the Humane Society of the United States, with
additional material submitted by the Animal Welfare Institute.
Committee Consideration
The Committee met in open session to consider H.R. 6598 on
September 10, 2008, September 17, 2008, and September 23, 2008.
On September 23, 2008, the Committee met in open session and
ordered the bill H.R. 6598 favorably reported with an
amendment, by voice vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that the
following rollcall votes occurred during the Committee's
consideration of H.R. 6598.
1. An amendment by Mr. Goodlatte substituting the Secretary
of Agriculture for the Attorney General as the entity
responsible for providing for the humane placement or other
disposition of any horse seized in connection with an offense
under this section. Defeated 9 to 13.
ROLLCALL NO. 1
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Conyers, Jr., Chairman...................................... X
Mr. Berman......................................................
Mr. Boucher.....................................................
Mr. Nadler...................................................... X
Mr. Scott....................................................... X
Mr. Watt........................................................
Ms. Lofgren..................................................... X
Ms. Jackson Lee.................................................
Ms. Waters......................................................
Mr. Delahunt....................................................
Mr. Wexler...................................................... X
Ms. Sanchez..................................................... X
Mr. Cohen....................................................... X
Mr. Johnson.....................................................
Ms. Sutton...................................................... X
Mr. Gutierrez...................................................
Mr. Sherman..................................................... X
Ms. Baldwin..................................................... X
Mr. Weiner......................................................
Mr. Schiff......................................................
Mr. Davis.......................................................
Ms. Wasserman Schultz........................................... X
Mr. Ellison.....................................................
Mr. Smith, Ranking Member....................................... X
Mr. Sensenbrenner, Jr........................................... X
Mr. Coble....................................................... X
Mr. Gallegly.................................................... X
Mr. Goodlatte................................................... X
Mr. Chabot......................................................
Mr. Lungren.....................................................
Mr. Cannon...................................................... X
Mr. Keller...................................................... X
Mr. Issa........................................................
Mr. Pence.......................................................
Mr. Forbes...................................................... X
Mr. King........................................................ X
Mr. Feeney...................................................... X
Mr. Franks......................................................
Mr. Gohmert.....................................................
Mr. Jordan...................................................... X
-----------------------------------------------
Total....................................................... 9 13
----------------------------------------------------------------------------------------------------------------
2. An amendment by Mr. King requiring the Attorney General
to reimburse State and local governments for costs incurred
caring for stray or abandoned horses and to compensate horse
owners for disposal of horses other than through sale. Defeated
7 to 14.
ROLLCALL NO. 2
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Conyers, Jr., Chairman...................................... X
Mr. Berman...................................................... X
Mr. Boucher.....................................................
Mr. Nadler...................................................... X
Mr. Scott....................................................... X
Mr. Watt........................................................
Ms. Lofgren..................................................... X
Ms. Jackson Lee.................................................
Ms. Waters......................................................
Mr. Delahunt....................................................
Mr. Wexler...................................................... X
Ms. Sanchez..................................................... X
Mr. Cohen....................................................... X
Mr. Johnson.....................................................
Ms. Sutton...................................................... X
Mr. Gutierrez...................................................
Mr. Sherman.....................................................
Ms. Baldwin..................................................... X
Mr. Weiner...................................................... X
Mr. Schiff......................................................
Mr. Davis.......................................................
Ms. Wasserman Schultz........................................... X
Mr. Ellison.....................................................
Mr. Smith, Ranking Member....................................... X
Mr. Sensenbrenner, Jr........................................... X
Mr. Coble....................................................... X
Mr. Gallegly.................................................... X
Mr. Goodlatte................................................... X
Mr. Chabot......................................................
Mr. Lungren.....................................................
Mr. Cannon...................................................... X
Mr. Keller...................................................... X
Mr. Issa........................................................
Mr. Pence.......................................................
Mr. Forbes......................................................
Mr. King........................................................ X
Mr. Feeney......................................................
Mr. Franks......................................................
Mr. Gohmert.....................................................
Mr. Jordan...................................................... X
-----------------------------------------------
Total....................................................... 7 14
----------------------------------------------------------------------------------------------------------------
3. An amendment by Mr. Steve King (IA 5) providing that
conduct that would otherwise constitute an offense under this
Act would not be an offense during a ``calendar year'' unless
the Department of Justice certifies in advance that, for that
year, space is available at United States rescue facilities to
provide unwanted horses with shelter. Defeated 7 to 20.
ROLLCALL NO. 3
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Conyers, Jr., Chairman...................................... X
Mr. Berman...................................................... X
Mr. Boucher.....................................................
Mr. Nadler...................................................... X
Mr. Scott....................................................... X
Mr. Watt........................................................ X
Ms. Lofgren..................................................... X
Ms. Jackson Lee................................................. X
Ms. Waters...................................................... X
Mr. Delahunt.................................................... X
Mr. Wexler......................................................
Ms. Sanchez..................................................... X
Mr. Cohen....................................................... X
Mr. Johnson..................................................... X
Ms. Sutton...................................................... X
Mr. Gutierrez...................................................
Mr. Sherman..................................................... X
Ms. Baldwin..................................................... X
Mr. Weiner...................................................... X
Mr. Schiff......................................................
Mr. Davis.......................................................
Ms. Wasserman Schultz........................................... X
Mr. Ellison.....................................................
Mr. Smith, Ranking Member....................................... X
Mr. Sensenbrenner, Jr...........................................
Mr. Coble....................................................... X
Mr. Gallegly.................................................... X
Mr. Goodlatte................................................... X
Mr. Chabot...................................................... X
Mr. Lungren.....................................................
Mr. Cannon...................................................... X
Mr. Keller...................................................... X
Mr. Issa........................................................
Mr. Pence.......................................................
Mr. Forbes...................................................... X
Mr. King........................................................ X
Mr. Feeney......................................................
Mr. Franks......................................................
Mr. Gohmert.....................................................
Mr. Jordan...................................................... X
-----------------------------------------------
Total....................................................... 7 20
----------------------------------------------------------------------------------------------------------------
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 6598, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 25, 2008.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 6598, the
Prevention of Equine Cruelty Act of 2008.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860.
Sincerely,
Peter R. Orszag,
Director.
Enclosure
cc:
Honorable Lamar S. Smith.
Ranking Member
H.R. 6598--Prevention of Equine Cruelty Act of 2008.
As ordered reported by the House Committee on the Judiciary
on September 23, 2008
CBO estimates that implementing H.R. 6598 would have no
significant cost to the Federal Government. Enacting the bill
could affect direct spending and revenues, but CBO estimates
that any such effects would not be significant.
H.R. 6598 would impose a private-sector and
intergovernmental mandate as defined in the Unfunded Mandates
Reform Act (UMRA). It would prohibit possessing, shipping,
transporting, purchasing, selling, delivering, or receiving any
horse in interstate or foreign commerce that is to be
slaughtered for human consumption. The cost of the mandate to
the private sector would be the loss of income to persons that
transport horses for slaughter and the cost to horse owners to
dispose of horses that otherwise would have been slaughtered
for human consumption. Based on information from the Department
of Agriculture, CBO expects that those costs would fall below
the annual threshold established by UMRA for private-sector
mandates ($136 million in 2008, adjusted annually for
inflation).
This mandate also would affect State, local, and tribal
governments to the extent that they would be responsible for
unwanted horses that otherwise would have been sold and
slaughtered. Because most unwanted horses remain in the hands
of private individuals or organizations, CBO estimates that
this cost would not be large, and would be well below the
threshold established in UMRA for intergovernmental mandates
($68 million in 2008, adjusted annually for inflation).
H.R. 6598 would establish a new Federal crime relating to
the slaughter of horses for human consumption. If the bill is
enacted, the government might be able to pursue cases that it
otherwise would not be able to prosecute. However, we expect
that H.R. 6598 would apply to a relatively small number of
offenders, so any increase in costs for law enforcement, court
proceedings, or prison operations would not be significant. Any
such costs would be subject to the availability of appropriated
funds.
Because those prosecuted and convicted under H.R. 6598
could be subject to criminal fines, the Federal Government
might collect additional fines if the legislation is enacted.
Criminal fines are recorded as revenues, then deposited in the
Crime Victims Fund, and later spent. Thus, enacting H.R. 6598
could increase revenues and direct spending; however, CBO
expects that any such impact would not be significant.
The CBO staff contacts for this estimate are Mark Grabowicz
(for Federal costs), who can be reached at 226-2860, Amy Petz
(for the private-sector impact), who can be reached at 226-
2940, and Elizabeth Cove (for the State and local impact), who
can be reached at 225-3220. This estimate was approved by Peter
H. Fontaine, Assistant Director for Budget Analysis.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
6598 will make it a crime to possess, ship, transport,
purchase, sell, deliver or receive, in or affecting interstate
or foreign commerce, any horse, horse flesh or horse carcass
with the intent that it be slaughtered or used for human
consumption.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in article I, section 8, clause 3 of the
Constitution.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 6598 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of Rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Short title. Section 1 sets forth the short title
of the bill as the ``Prevention of Equine Cruelty Act of
2008.''
Sec. 2. Slaughter of Horses for Human Consumption. Section
2 amends Chapter 3 of Title 18 by adding a new criminal code
section, ``Slaughter of horses for human consumption.'' It
provides that anyone who knowingly (1) possesses, ships,
transports, purchases, sells, delivers, or receives, in or
affecting interstate commerce or foreign commerce, any horse
with the intent that it be slaughtered for human consumption;
or (2) possesses, ships, transports, purchases, sells,
delivers, or receives, in or affecting interstate commerce or
foreign commerce, any horse flesh or carcass with the intent
that it be used for human consumption, shall be fined or
imprisoned not more than 3 years, or both. A defendant who
engages in the above conduct, but has no prior conviction under
this section and whose conduct involves less than five horses
or 2000 pounds of horse flesh, shall be fined or imprisoned not
more than 1 year or both.
Section 2 provides that the Attorney General, in
consultation with the Secretary of Agriculture, shall provide
for the humane placement or other humane disposition of any
horse seized in connection with this offense. In prior criminal
cases where dogs were seized in criminal prosecutions for
illegal dog fighting, the Department of Justice worked with
local animal rescue organizations and animal shelters to
humanely place the seized dogs. The Committee expects that the
Department of Justice would use similar procedures with horses
seized under this Act. The word ``horse'' is defined as any
member of the family Equidae. Section 2 also amends the table
of sections.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italics and existing law in which no change is
proposed is shown in roman):
TITLE 18, UNITED STATES CODE
* * * * * * *
CHAPTER 3--ANIMALS, BIRDS, FISH, AND PLANTS
Sec.
41. Hunting, fishing, trapping; disturbance or injury on wildlife
refuges.
* * * * * * *
50. Slaughter of horses for human consumption.
* * * * * * *
Sec. 50. Slaughter of horses for human consumption
(a) Except as provided in subsection (b), whoever knowingly--
(1) possesses, ships, transports, purchases, sells,
delivers, or receives, in or affecting interstate
commerce or foreign commerce, any horse with the intent
that it is to be slaughtered for human consumption; or
(2) possesses, ships, transports, purchases, sells,
delivers, or receives, in or affecting interstate
commerce or foreign commerce, any horse flesh or
carcass or part of a carcass, with the intent that it
is to be used for human consumption;
shall be fined under this title or imprisoned not more than
three years or both.
(b) If--
(1) the defendant engages in conduct that would
otherwise constitute an offense under subsection (a);
(2) the defendant has no prior conviction under this
section; and
(3) the conduct involves less than five horses or
less than 2000 pounds of horse flesh or carcass or part
of a carcass;
the defendant shall, instead of being punished under that
subsection, be fined under this title or imprisoned not more
than one year, or both.
(c) The Attorney General, in consultation with the Secretary
of Agriculture, shall provide for the humane placement or other
humane disposition of any horse seized in connection with an
offense under this section.
(d) As used in this section, the term ``horse'' means any
member of the family Equidae.
* * * * * * *
Minority Views
We depart from the Majority and oppose H.R. 6598, the
Prevention of Equine Cruelty Act of 2008. H.R. 6598 creates a
federal crime for the transport, purchase, or sale in
interstate or foreign commerce of a horse that is intended to
be slaughtered for human consumption. A person convicted of
this offense will face from one to three years in prison.
As an initial matter, we do not believe that the Committee
on the Judiciary has jurisdiction over the housing, care, or
transportation of horses. Federal law regulating the care and
transportation of horses, particularly the transportation of
horses to slaughter, is within the exclusive jurisdiction of
the Committee on Agriculture.\1\ The Committee on Judiciary
certainly has jurisdiction over laws pertaining to criminal
conduct. However, we do not believe that the transport,
purchase, or sale of a horse that is intended to be slaughtered
is conduct that should be criminalized. Further, the Department
of Justice, the agency that the Committee on the Judiciary
oversees and that this bill creates new duties for, does not
play a role in the regulation of horses or other livestock nor
is it suited for such a responsibility.
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\1\P.L. 104-127, sec. 901-905 (1996).
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We believe that this bill came to our Committee as the
result of forum shopping for a friendly venue by its
proponents. Previous iterations of this bill were considered in
the Committee on Energy and Commerce and the Agriculture
Committee (H.R. 503 in the 109th Congress). We are concerned
that the favorable reporting out of this bill will encourage
other interest groups to repeat this untoward practice in the
future.
On the merits, we believe that this bill unwisely expands
the federal criminal code. There are no horse-slaughter plants
operating within the U.S. today. The three remaining plants
were closed just in the last few years. What this bill actually
does is penalize the sale of horses by Americans in a not so
veiled attempt to prohibit human consumption of horses in
foreign countries by way of the criminal code.
Proponents of this bill are allegedly motivated by their
desire for the humane treatment of horses. According to
industry experts, there are as many as 100,000 unwanted horses
in this country every year. Yet this legislation makes no
provision for the housing, care, or disposal of unwanted horses
or horses whose owners can no longer afford to care for them.
It simply prohibits the sale of horses for slaughter. We fear
that the conduct criminalized by H.R. 6598 will expose horse-
owners across the country to unwarranted prosecution.
The impact of this bill will be far-reaching. Many horses
will be abandoned or neglected by their owners. Rather than
criminalizing the sale of horses to foreign countries, the
Committee's efforts would be better focused on addressing the
insufficient number of shelters and other rescue facilities
across the country to provide care to abandoned and unwanted
horses. To date, no proposed state or federal law has addressed
funding of care for unwanted horses, long-term placement of
affected horses or established guidelines for standards of care
at retirement and rescue facilities. Failing to address these
core issues adversely affects the welfare of horses.
Advocates of H.R. 6598 argue that owners of unwanted horses
can move them to ``adoption'' facilities across the country.
While there are a number of facilities in the U.S. providing
homes for old and unwanted horses, the capacity of these
individual facilities is usually limited to 30 horses or less.
According to the American Association of Equine Practitioners,
horse adoption facilities are having to turn away horses and
are pleading for financial assistance. The infrastructure to
care for so many unwanted horses is simply not yet in place.
Advocates of this bill also argue that owners who cannot
find housing for their unwanted horses should euthanize the
animals rather than abandon or neglect them. However, the
process to euthanize a horse and dispose of its carcass can be
very expensive, costing over $1000 in some states. Imposing
these costs on farmers and ranchers is unfair when other
options for the disposal of horses, such as slaughter, exist.
In sum, this bill will lead to unnecessary prosecutions,
exacerbate the problem of unwanted and abandoned horses, and
will place a significant burden on America's ranchers and
farmers. We oppose this bill and urge our colleagues to oppose
its adoption on the House floor.
Lamar Smith.
Bob Goodlatte.
Steve King.
Jim Jordan.
