S.Amdt. 2296

SA 2296. Mr. MENENDEZ submitted an amendment intended to be proposed
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms.
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the
bill H.R. 3684, to authorize funds for Federal-aid highways, highway
safety programs, and transit programs, and for other purposes; which
was ordered to lie on the table; as follows:

At the appropriate place in division B, insert the
following:

SEC. _____. TRANSPORTATION OF HORSES.

Section 80502 of title 49, United States Code, is amended--
(1) in subsection (c), by striking ``This section does
not'' and inserting ``Subsections (a) and (b) shall not'';
(2) by redesignating subsection (d) as subsection (e);
(3) by inserting after subsection (c) the following:
``(d) Transportation of Equines.--
``(1) Definitions.--In this subsection:
``(A) Equine.--The term `equine' means any member of the
Equidae family.
``(B) Motor vehicle.--
``(i) In general.--The term `motor vehicle' means a vehicle
driven or drawn by mechanical power and manufactured
primarily for use on public highways.
``(ii) Exclusion.--The term `motor vehicle' does not
include a vehicle operated exclusively on 1 or more rails.
``(C) State.--The term `State' means--
``(i) a State;
``(ii) the District of Columbia; and
``(iii) a territory or possession of the United States.
``(2) Prohibition.--No person may transport, or cause to be
transported, an equine from a place in a State through or to
a place in another State or a place that is under the
sovereignty of a government that is not the United States--
``(A) in a motor vehicle containing 2 or more levels
stacked on top of each other; or
``(B) if the person has reason to believe that the equine
may be slaughtered for human consumption.''; and
(4) in subsection (e) (as so redesignated)--
(A) in the second sentence, by striking ``On learning of a
violation,'' and inserting the following:
``(3) Civil action.--On learning of a violation of any
provision of this section,'';
(B) in the first sentence--
(i) by striking ``this section'' and inserting ``subsection
(a) or (b)''; and
(ii) by striking ``A rail carrier'' and inserting the
following:
``(1) In general.--A rail carrier''; and
(C) by inserting after paragraph (1) (as so designated) the
following:
``(2) Transportation of equines.--
``(A) In general.--A person that knowingly violates
subsection (d) is liable to the United States Government for
a civil penalty of at least $100, but not more than $500, for
each violation.
``(B) Clarification.--A separate violation of subsection
(d) occurs for each equine that is transported, or caused to
be transported, in violation of that subsection.
``(C) Relationship to other laws.--A penalty imposed under
subparagraph (A) shall be in addition to any penalty or
remedy available under any other law.''.
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