(1) USE OF PERSONNEL.—The Secretary shall 
enforce this Act, and may use, by agreement, the 
personnel, services, and facilities of any other Fed-
eral, State, or local agency for the purposes of en-
forcing this Act. For good cause shown, the Sec-
retary may remit or mitigate any civil penalty. 
(2) EXECUTION OF PROCESS; ARREST; SEARCH; 
SEIZURE.—Any person authorized by the Secretary 
to enforce this Act may execute any warrant or proc-
ess issued by any officer or court of competent juris-
diction to enforce this Act. Such a person so author-
ized may, in addition to any other authority con-
ferred by law—
(A) with or without warrant or other proc-
ess, arrest any person committing in his pres-
ence or view a violation of this Act or the regu-
lations issued thereunder; 
(B) seize the cargo of any truck or other 
conveyance used or employed to violate this Act 
or the regulations issued hereunder or which 
reasonably appears to have been so used or em-
ployed; and 
(C) seize, whenever and wherever found, all 
horses and horseflesh possessed in violation of 
this Act or the regulations issued thereunder
and dispose of them, in accordance with this 
section and regulations prescribed by the Sec-
retary. 
(3) PLACEMENT OF CONFISCATED HORSES.—
(A) TEMPORARY PLACEMENT.—After con-
fiscation of a live horse pursuant to this Act, 
the arresting authorities shall work with animal 
welfare societies and animal control depart-
ments 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 ex-
empt from taxation under section 501(a) of 
such Code, while the person charged with vio-
lating this Act is prosecuted. If placement at 
such a facility is not possible, the arresting au-
thorities shall work with animal welfare soci-
eties and animal control departments to tempo-
rarily place the horse with a facility that has as 
its primary purpose the humane treatment of 
animals, or another suitable location. 
(B) BONDS.—
(i) POSTING OF BOND.—The owner of 
a horse confiscated pursuant to this Act 
may prevent permanent placement of the
horse by the facility that has temporary 
custody of the horse by posting a bond 
with the court in an amount the court de-
termines 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. 
Such bond shall be filed with the court 
within 10 days after the horse is con-
fiscated. If a bond is not so posted, the 
custodial facility shall determine perma-
nent placement of the horse in accordance 
with reasonable practices for the humane 
treatment of animals. If the animal has 
not yet been returned to the owner at the 
end of the time for which expenses are cov-
ered by the bond, and if the owner desires 
to prevent permanent placement of the ani-
mal by the custodial facility, the owner 
shall post a new bond with the court within 
ten days following the prior bond’s expira-
tion. If a new bond is not so posted, the 
custodial facility shall determine perma-
nent placement of the horse in accordance
with reasonable practices for the humane 
treatment of animals. 
(ii) COSTS FOR PROVIDING CARE FOR 
HORSE
DEDUCTED
FROM
BOND.—If a 
bond has been posted in accordance with 
clause (i), 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 con-
fiscated horse from the date of the initial 
confiscation to the date of final disposition 
of the horse in the criminal action charg-
ing a violation of this Act. 
(C) PERMANENT PLACEMENT.—Any horse 
confiscated pursuant to this Act and not re-
turned to the owner thereafter (except where 
otherwise provided in paragraph (4)) shall be 
placed permanently with an animal rescue facil-
ity or other suitable facility as described in this 
section upon—
(i) the conviction of the horse’s owner 
pursuant to this Act; 
(ii) the owner’s surrender of the 
horse;
(iii) the failure of the horse’s owner to 
post a bond as required in accordance with 
subparagraph (B); or 
(iv) the Secretary’s inability to iden-
tify the owner. 
(4) EUTHANASIA OF HORSES.—
(A) EMERGENCY
CIRCUMSTANCES.—The 
Secretary or any law enforcement individual 
charged with enforcing this Act may order or 
perform the immediate euthanasia of any horse 
in the field when such horse is injured beyond 
recovery and suffering irreversibly. Methods 
used shall be in accordance with the most re-
cent Report of the American Veterinary Medical 
Association’s Panel on Euthanasia (2000) and 
State and local laws and may include gunshot, 
but shall not include electrocution or pene-
trating captive bolt. 
(B) HORSES
BEYOND
RECOVERY
AND 
UNPLACEABLE.—The Secretary or any indi-
vidual charged with enforcing this Act may 
order the euthanasia of any confiscated horse 
when injured, disabled, or diseased beyond re-
covery or when placement at an animal rescue 
facility or other suitable facility, as described in
this section, is not possible within 90 days of 
any circumstance as described in section 
6(d)(3)(C). An equine or large-animal veteri-
narian shall perform the euthanasia rated ‘‘Ac-
ceptable’’ for horses in the most recent Report 
of the American Veterinary Medical Associa-
tion’s Panel on Euthanasia (2000), but shall 
not include penetrating captive bolt, electrocu-
tion, gunshot, or other non-chemical means. 
(e) FUNDING OF ANIMAL RESCUE FACILITIES.—
(1) GRANTS.—To the extent that funds are 
made available for this purpose by Acts of appro-
priation, the Secretary shall make grants to animal 
rescue facilities described in this section that have 
given adequate assurances to the Secretary that they 
are willing to accept horses confiscated pursuant to 
this Act. 
(2) PENALTIES, FINES, AND FORFEITED PROP-
ERTY.—Amounts received as penalties, fines, or for-
feited property under this Act shall be used for the 
care of any live horses seized from violators of this 
Act and taken into the possession of the United 
States or placed with an animal rescue facility as de-
scribed in this section.
(f) CALCULATION OF VIOLATIONS.—For purposes of 
this section, a separate offense shall be calculated as fol-
lows: 
(1) Each live horse transported, traded, slaugh-
tered, or possessed in violation of this Act shall con-
stitute a separate offense. 
(2) Every four hundred pounds or less of con-
fiscated horseflesh shall constitute a separate of-
fense. 
SEC. 7. REPORT ON ENFORCEMENT EFFORTS. 
Not later than 2 years after the date of the enact-
ment of this Act, and on an annual basis thereafter, the 
Secretary shall submit a report to Congress on the efforts 
of the United States Government to enforce the provisions 
of this Act and the adequacy of the resources to do so. 
SEC. 8. EXEMPTIONS. 
(a) IN GENERAL.—Except as provided in section 5, 
nothing in this Act shall be construed to affect the regula-
tion by any State of its horse population. 
(b) EXCEPTION FOR DESIGNATED LAW ENFORCE-
MENT OFFICIAL PURPOSES.—A person described in sec-
tion 4(7)(B) may engage in activities described in para-
graphs (2), (3), and (4) of section 5 solely for purposes 
of enforcing this Act.
SEC. 9. DATE OF ENFORCEMENT. 
This Act shall take effect one year after the date of 
the enactment of this Act.
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