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[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-645
=====================================================================
 
                HORSE TRANSPORTATION SAFETY ACT OF 2009

                                _______
                                

 September 28, 2010.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

Mr. Oberstar, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 305]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 305) to amend title 49, United 
States Code, to prohibit the transportation of horses in 
interstate transportation in a motor vehicle containing two or 
more levels stacked on top of one another, having considered 
the same, report favorably thereon without amendment and 
recommend that the bill do pass.

                       Purpose of the Legislation

    H.R. 305, the ``Horse Transportation Safety Act of 2009'', 
prohibits the interstate transportation of horses in a motor 
vehicle containing two or more levels stacked on top of one 
another and authorizes civil penalties of at least $100 but not 
more than $500 for each violation of this prohibition.

                  Background and Need for Legislation

    H.R. 305 prohibits the interstate transportation of horses 
in a motor vehicle containing two or more levels stacked on top 
of one another and authorizes civil penalties of at least $100 
but not more than $500 for each violation of this prohibition. 
Double-stacked trailers are designed for the transportation of 
livestock, such as cattle and hogs. Since horses are much 
larger and taller than cattle, trailers able to be stacked on 
top of one another do not provide enough headroom for horses to 
stand upright. The American Veterinary Medical Association 
(AMVA) recommends a trailer height of seven to eight feet as 
adequate for horse transport.
    Most horse owners have a strong interest in protecting 
their animals and provide transportation that takes into 
account the comfort and safety of the horses. However, in some 
cases, the welfare of the animal may not be a primary 
consideration, such as transportation to feed lots or 
slaughter.
    Recent highway accidents have raised questions about the 
safety and humanity of transporting horses in double-stacked 
trailers. AVMA has found that double-stacked trailers increase 
the rates of injury to horses in the event of an accident. 
Further, because crashes involving double-stacked horse 
trailers can cause significant debris and destruction, these 
accidents can result in significant clean up costs. Examples of 
recent accidents include:
     On May 18, 2010, a cattle trailer hauling horses 
to a feedlot in Texas crashed on the Turner Turnpike in 
Oklahoma. Eleven of the 30 horses being transported died.
     In October 2007, a double-decker tractor trailer 
carrying 59 Belgian draft horses through Wadsworth, Illinois, 
crashed; 15 of the horses died as a result of the accident.
     In 2006, a double-stacked trailer hauling 41 
horses to a slaughterhouse in DeKalb, Illinois, crashed, 
killing 16 horses.
    In 1996, in the Federal Agriculture Improvement and Reform 
Act of 1996 (P.L. 104-127), Congress required the U.S. 
Department of Agriculture (USDA) to issue regulations to 
regulate, in the United States, the commercial transportation 
of horses bound for a slaughter facility. USDA issued a final 
rule on December 7, 2001. In the rule, USDA acknowledged that 
while double-stacked trailers can carry more horses than 
single-deck trailers, ``we do not believe that equines can be 
safely and humanely transported on a conveyance that has an 
animal cargo space divided into two or more stacked 
levels.''\1\
---------------------------------------------------------------------------
    \1\Commerical Transport of Equines to Slaughter, 66 Fed. Reg. 63594 
(December 7, 2001), http://frwebgate3.access.gpo.gov/cgi-bin/
PDFgate.cgi?WAISdocID=VEzgIr/0/2/0&WAISaction;=retreive.
---------------------------------------------------------------------------
    USDA prohibited the use of double-stacked trailers to carry 
horses to slaughter beginning five years after issuance of the 
final rule, or December 2006. The regulations also included 
requirements for food and water for horses prior to being 
loaded into trailers bound for slaughter. However, this rule 
only applies to the transportation of horses directly to a 
slaughter facility. The vast majority of slaughterhouses are 
located outside of the United States, in Canada or Mexico.
    Currently, horses can be transported long distances across 
the United States to feedlots located near the border, or other 
interim points, in double-stacked trailers before being 
transferred to single trailers for final transportation to 
slaughter because these transportation segments are not covered 
by USDA regulations. There is also no prohibition against 
double-stacked trailers to transport horses for any reason 
other than transporting horses bound for slaughter.

                       Summary of the Legislation


Section 1. Short title

    Section 1 designates the short title of the Act as the 
``Horse Transportation Safety Act of 2009''.

Sec. 2. Transportation of horses

    Subsection (a) amends title 49, United States Code, to add 
a new section 80505 that prohibits any person from 
transporting, or causing to be transported, a horse from a 
place in a State, the District of Columbia, or a territory or 
possession of the United States through or to a place in 
another State, the District of Columbia, or a territory or 
possession of the United States in a motor vehicle containing 
two or more levels stacked on top of one another. Subsection 
(a) further establishes civil penalties of at least $100 but 
not more than $500 for each violation of this prohibition. The 
civil penalties authorized by this section do not grant the 
Secretary of Transportation the authority to issue penalties. 
Rather, the section directs the Attorney General, upon learning 
of a violation, to bring a civil action to collect the penalty 
in the district court of the United States for the judicial 
district in which the violation occurred or in which the 
defendant resides or does business.
    Subsection (b) makes a conforming amendment to chapter 805 
of title 49, United States Code.

            Legislative History and Committee Consideration

    In the 110th Congress, Representative Mark Steven Kirk 
introduced H.R. 6278, the ``Horse Transportation Safety Act of 
2008'', on June 17, 2008. No further action was taken on the 
bill.
    In the 111th Congress, Representative Mark Steven Kirk 
introduced H.R. 305 on January 8, 2009. On July 29, 2010, the 
Committee on Transportation and Infrastructure met in open 
session, and ordered the bill reported favorably to the House 
by voice vote with a quorum present.

                              Record Votes

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each record vote on a motion to 
report and on any amendment offered to the measure or matter, 
and the names of those members voting for and against. There 
were no recorded votes taken in connection with consideration 
of H.R. 305 or ordering the bill reported. A motion to order 
H.R. 305 reported favorably to the House was agreed to by voice 
vote with a quorum present.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance With House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
section 308(a) of the Congressional Budget Act of 1974, the 
Committee references the report of the Congressional Budget 
Office included in the report.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
prohibit the interstate transportation of horses in a motor 
vehicle containing two or more levels stacked on top of one 
another.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the enclosed cost estimate for H.R. 305 
from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 13, 2010.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 305, the Horse 
Transportation Safety Act of 2009.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Sarah Puro.
            Sincerely,
                                         Robert A. Sunshine
                              (For Douglas W. Elmendorf, Director).
    Enclosure.

H.R. 305--Horse Transportation Safety Act of 2009

    H.R. 305 would prohibit the interstate transportation of 
horses in motor vehicles containing two or more levels and 
establishes a civil penalty for violators. Because CBO expects 
that few penalties would be imposed and that enforcement of 
this new prohibition would occur as part of current safety 
reviews of commercial vehicles, we estimate that enacting H.R. 
305 would have no significant impact on the federal budget.
    Pay-as-you-go procedures apply to the legislation because 
the bill would create a new civil penalty of $500 for 
violations of the law. Civil fines are recorded in the budget 
as revenues and deposited into the general fund of the 
Treasury. Based on information from the Department of 
Transportation, CBO estimates that the number of violations 
would be small and would not result in a significant impact on 
the federal budget.
    H.R. 305 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA) and would impose no 
costs on state, local, or tribal governments.
    The prohibitions in H.R. 305 would impose a private-sector 
mandate, as defined in UMRA. That mandate would primarily 
affect entities that transport horses to rodeos or feeding 
centers. Based on information from the United States Department 
of Agriculture and industry experts, CBO estimates that the 
cost of the mandate would fall below the annual threshold 
established in UMRA for private-sector mandates ($141 million 
in 2010, adjusted annually for inflation).
    The CBO staff contact for this estimate is Sarah Puro. The 
estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                     Compliance With House Rule XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee is required to include a list 
of congressional earmarks, limited tax benefits, or limited 
tariff benefits, as defined in clause 9(e), 9(f), and 9(g) of 
rule XXI of the Rules of the House of Representatives. H.R. 305 
does not contain any earmarks, limited tax benefits, or limited 
tariff benefits under clause 9(e), 9(f), or 9(g) of rule XXI.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, committee reports on a bill or joint 
resolution of a public character shall include a statement 
citing the specific powers granted to the Congress in the 
Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (P.L. 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 305 does not 
preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (P.L. 104-1).

         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 italic and existing law in which no change is 
proposed is shown in roman):

TITLE 49, UNITED STATES CODE

           *       *       *       *       *       *       *


SUBTITLE X--MISCELLANEOUS

           *       *       *       *       *       *       *


                       CHAPTER 805--MISCELLANEOUS

Sec.
80501. Damage to transported property.
     * * * * * * *
80505. Transportation of horses.

           *       *       *       *       *       *       *


Sec. 80505. Transportation of horses

  (a) Prohibition.--No person may transport, or cause to be 
transported, a horse from a place in a State, the District of 
Columbia, or a territory or possession of the United States 
through or to a place in another State, the District of 
Columbia, or a territory or possession of the United States in 
a motor vehicle containing two or more levels stacked on top of 
one another.
  (b) Civil Penalty.--A person that knowingly violates this 
section is liable to the United States Government for a civil 
penalty of at least $100 but not more than $500 for each 
violation. A separate violation occurs under this section for 
each horse that is transported, or caused to be transported, in 
violation of this section. On learning of a violation, the 
Attorney General shall bring a civil action to collect the 
penalty in the district court of the United States for the 
judicial district in which the violation occurred or the 
defendant resides or does business.
  (c) Motor Vehicle Defined.--In this section, the term ``motor 
vehicle'' means a vehicle driven or drawn by mechanical power 
and manufactured primarily for use on public highways, but does 
not include a vehicle operated exclusively on a rail or rails.
  (d) Relationship to Other Laws.--The penalty provided under 
this section shall be in addition to a penalty or remedy 
available under any other law or common law.

           *       *       *       *       *       *       *