instruction:
In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
question:
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Activities Inventory Reform 
Act of 1998''.
SEC. 2. ANNUAL LISTS OF GOVERNMENT ACTIVITIES NOT INHERENTLY 
GOVERNMENTAL IN NATURE.
    (a) Lists Required.--Not later than the end of the third quarter of 
each fiscal year, the head of each executive agency shall submit to the 
Director of the Office of Management and Budget a list of activities 
performed by Federal Government sources for the executive agency that, 
in the judgment of the head of the executive agency, are not inherently 
governmental functions. The entry for an activity on the list shall 
include the following:
        (1) The fiscal year for which the activity first appeared on a 
    list prepared under this section.
        (2) The number of full-time employees (or its equivalent) that 
    are necessary for the performance of the activity by a Federal 
    Government source.
        (3) The name of a Federal Government employee responsible for 
    the activity from whom additional information about the activity 
    may be obtained.
    (b) OMB Review and Consultation.--The Director of the Office of 
Management and Budget shall review the executive agency's list for a 
fiscal year and consult with the head of the executive agency regarding 
the content of the final list for that fiscal year.
    (c) Public Availability of Lists.--
        (1) Publication.--Upon the completion of the review and 
    consultation regarding a list of an executive agency--
            (A) the head of the executive agency shall promptly 
        transmit a copy of the list to Congress and make the list 
        available to the public; and
            (B) the Director of the Office of Management and Budget 
        shall promptly publish in the Federal Register a notice that 
        the list is available to the public.
        (2) Changes.--If the list changes after the publication of the 
    notice as a result of the resolution of a challenge under section 
    3, the head of the executive agency shall promptly--
            (A) make each such change available to the public and 
        transmit a copy of the change to Congress; and
            (B) publish in the Federal Register a notice that the 
        change is available to the public.
    (d) Competition Required.--Within a reasonable time after the date 
on which a notice of the public availability of a list is published 
under subsection (c), the head of the executive agency concerned shall 
review the activities on the list. Each time that the head of the 
executive agency considers contracting with a private sector source for 
the performance of such an activity, the head of the executive agency 
shall use a competitive process to select the source (except as may 
otherwise be provided in a law other than this Act, an Executive order, 
regulations, or any executive branch circular setting forth 
requirements or guidance that is issued by competent executive 
authority). The Director of the Office of Management and Budget shall 
issue guidance for the administration of this subsection.
    (e) Realistic and Fair Cost Comparisons.--For the purpose of 
determining whether to contract with a source in the private sector for 
the performance of an executive agency activity on the list on the 
basis of a comparison of the costs of procuring services from such a 
source with the costs of performing that activity by the executive 
agency, the head of the executive agency shall ensure that all costs 
(including the costs of quality assurance, technical monitoring of the 
performance of such function, liability insurance, employee retirement 
and disability benefits, and all other overhead costs) are considered 
and that the costs considered are realistic and fair.

SEC. 3. CHALLENGES TO THE LIST.

    (a) Challenge Authorized.--An interested party may submit to an 
executive agency a challenge of an omission of a particular activity 
from, or an inclusion of a particular activity on, a list for which a 
notice of public availability has been published under section 2.
    (b) Interested Party Defined.--For the purposes of this section, 
the term ``interested party'', with respect to an activity referred to 
in subsection (a), means the following:
        (1) A private sector source that--
            (A) is an actual or prospective offeror for any contract, 
        or other form of agreement, to perform the activity; and
            (B) has a direct economic interest in performing the 
        activity that would be adversely affected by a determination 
        not to procure the performance of the activity from a private 
        sector source.
        (2) A representative of any business or professional 
    association that includes within its membership private sector 
    sources referred to in paragraph (1).
        (3) An officer or employee of an organization within an 
    executive agency that is an actual or prospective offeror to 
    perform the activity.
        (4) The head of any labor organization referred to in section 
    7103(a)(4) of title 5, United States Code, that includes within its 
    membership officers or employees of an organization referred to in 
    paragraph (3).
    (c) Time for Submission.--A challenge to a list shall be submitted 
to the executive agency concerned within 30 days after the publication 
of the notice of the public availability of the list under section 2.
    (d) Initial Decision.--Within 28 days after an executive agency 
receives a challenge, an official designated by the head of the 
executive agency shall--
        (1) decide the challenge; and
        (2) transmit to the party submitting the challenge a written 
    notification of the decision together with a discussion of the 
    rationale for the decision and an explanation of the party's right 
    to appeal under subsection (e).
    (e) Appeal.--
        (1) Authorization of appeal.--An interested party may appeal an 
    adverse decision of the official to the head of the executive 
    agency within 10 days after receiving a notification of the 
    decision under subsection (d).
        (2) Decision on appeal.--Within 10 days after the head of an 
    executive agency receives an appeal of a decision under paragraph 
    (1), the head of the executive agency shall decide the appeal and 
    transmit to the party submitting the appeal a written notification 
    of the decision together with a discussion of the rationale for the 
    decision.

SEC. 4. APPLICABILITY.

    (a) Executive Agencies Covered.--Except as provided in subsection 
(b), this Act applies to the following executive agencies:
        (1) Executive department.--An executive department named in 
    section 101 of title 5, United States Code.
        (2) Military department.--A military department named in 
    section 102 of title 5, United States Code.
        (3) Independent establishment.--An independent establishment, 
    as defined in section 104 of title 5, United States Code.
    (b) Exceptions.--This Act does not apply to or with respect to the 
following:
        (1) General accounting office.--The General Accounting Office.
        (2) Government corporation.--A Government corporation or a 
    Government controlled corporation, as those terms are defined in 
    section 103 of title 5, United States Code.
        (3) Nonappropriated funds instrumentality.--A part of a 
    department or agency if all of the employees of that part of the 
    department or agency are employees referred to in section 2105(c) 
    of title 5, United States Code.
        (4) Certain depot-level maintenance and repair.--Depot-level 
    maintenance and repair of the Department of Defense (as defined in 
    section 2460 of title 10, United States Code).

SEC. 5. DEFINITIONS.

    In this Act:
        (1) Federal government source.--The term ``Federal Government 
    source'', with respect to performance of an activity, means any 
    organization within an executive agency that uses Federal 
    Government employees to perform the activity.
        (2) Inherently governmental function.--
            (A) Definition.--The term ``inherently governmental 
        function'' means a function that is so intimately related to 
        the public interest as to require performance by Federal 
        Government employees.
            (B) Functions included.--The term includes activities that 
        require either the exercise of discretion in applying Federal 
        Government authority or the making of value judgments in making 
        decisions for the Federal Government, including judgments 
        relating to monetary transactions and entitlements. An 
        inherently governmental function involves, among other things, 
        the interpretation and execution of the laws of the United 
        States so as--
                (i) to bind the United States to take or not to take 
            some action by contract, policy, regulation, authorization, 
            order, or otherwise;
                (ii) to determine, protect, and advance United States 
            economic, political, territorial, property, or other 
            interests by military or diplomatic action, civil or 
            criminal judicial proceedings, contract management, or 
            otherwise;
                (iii) to significantly affect the life, liberty, or 
            property of private persons;
                (iv) to commission, appoint, direct, or control 
            officers or employees of the United States; or
                (v) to exert ultimate control over the acquisition, 
            use, or disposition of the property, real or personal, 
            tangible or intangible, of the United States, including the 
            collection, control, or disbursement of appropriated and 
            other Federal funds.
            (C) Functions excluded.--The term does not normally 
        include--
                (i) gathering information for or providing advice, 
            opinions, recommendations, or ideas to Federal Government 
            officials; or
                (ii) any function that is primarily ministerial and 
            internal in nature (such as building security, mail 
            operations, operation of cafeterias, housekeeping, 
            facilities operations and maintenance, warehouse 
            operations, motor vehicle fleet management operations, or 
            other routine electrical or mechanical services).

SEC. 6. EFFECTIVE DATE.

    This Act shall take effect on October 1, 1998.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
answer:
Federal Activities Inventory Reform Act of 1998 - Directs the head of each executive agency to submit to the Director of the Office of Management and Budget, not later than the end of the third quarter of each fiscal year, a list of activities performed by Federal Government sources for the agency that, in the judgment of the head of the executive agency, are not inherently governmental functions. 
Requires:  (1) the Director to review the agency's list and consult with the agency head regarding the contents of the final list for the fiscal year; (2) the agency head to transmit a copy of the list to the Congress and make the list publicly available; (3) the Director to publish in the Federal Register a notice that the list is publicly available; and (4) the agency head to publish a notice regarding, make available to the public, and transmit to the Congress, any subsequent change to the list. 
Requires the agency head to:  (1) review the activities on the list within a reasonable time after such a notice of its availability is published; and (2) use a competitive process (with specified exceptions) and ensure that all costs are considered each time that he or she considers contracting with a private sector source for the performance of an activity on the list. 
(Sec. 3) Permits an interested party to submit to an agency a challenge of an omission of a particular activity from, or an inclusion of a particular activity on, a list for which a notice has been published.  Sets forth procedures governing filing challenges, agency decisions on challenges, appealing such decisions, and agency decisions on such appeals. 
(Sec. 4) Provides that this Act shall not apply to or with respect to:  (1) the General Accounting Office; (2) Government corporations and Government controlled corporations; (3) a part of a department or agency if all of the employees of that part are employees paid from nonappropriated funds of certain instrumentalities of the United States under the jurisdiction of the armed forces; and (4) depot-level maintenance and repair of the Department of Defense.


question:
SECTION 1. CONVEYANCE OF PROPERTY TO CLARK COUNTY, NEVADA.

    (a) Findings.--Congress finds that--
            (1) the Las Vegas Valley in the State of Nevada is the 
        fastest growing community in the United States;
            (2) helicopter tour operations are conflicting with the 
        needs of long-established residential communities in the 
        Valley; and
            (3) the designation of a public heliport in the Valley that 
        would reduce conflicts between helicopter tour operators and 
        residential communities is in the public interest.
    (b) Purpose.--The purpose of this Act is to provide a suitable 
location for the establishment of a commercial service heliport 
facility to serve the Las Vegas Valley in the State of Nevada while 
minimizing and mitigating the impact of air tours on the Sloan Canyon 
National Conservation Area and North McCullough Mountains Wilderness.
    (c) Definitions.--In this Act:
            (1) Conservation area.--The term ``Conservation Area'' 
        means the Sloan Canyon National Conservation Area established 
        by section 604(a) of the Clark County Conservation of Public 
        Land and Natural Resources Act of 2002 (116 Stat. 2010).
            (2) County.--The term ``County'' means Clark County, 
        Nevada.
            (3) Helicopter tour.--
                    (A) In general.--The term ``helicopter tour'' means 
                a commercial helicopter tour operated for profit.
                    (B) Exclusion.--The term ``helicopter tour'' does 
                not include a helicopter tour that is carried out to 
                assist a Federal, State, or local agency.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) Wilderness.--The term ``Wilderness'' means the North 
        McCullough Mountains Wilderness established by section 
        202(a)(13) of the Clark County Conservation of Public Land and 
        Natural Resources Act of 2002 (116 Stat. 2000).
    (d) Conveyance.--As soon as practicable after the date of enactment 
of this Act, the Secretary shall convey to the County, subject to valid 
existing rights, for no consideration, all right, title, and interest 
of the United States in and to the parcel of land described in 
subsection (e).
    (e) Description of Land.--The parcel of land to be conveyed under 
subsection (d) is the parcel of approximately 229 acres of land 
depicted as tract A on the map entitled ``Clark County Public Heliport 
Facility'' and dated May 3, 2004.
    (f) Use of Land.--
            (1) In general.--The parcel of land conveyed under 
        subsection (d)--
                    (A) shall be used by the County for the operation 
                of a heliport facility under the conditions stated in 
                paragraphs (2) and (3); and
                    (B) shall not be disposed of by the County.
            (2) Imposition of fees.--
                    (A) In general.--Any operator of a helicopter tour 
                originating from or concluding at the parcel of land 
                described in subsection (e) shall pay to the Clark 
                County Department of Aviation a $3 conservation fee for 
                each passenger on the helicopter tour if any portion of 
                the helicopter tour occurs over the Conservation Area.
                    (B) Disposition of funds.--Any amounts collected 
                under subparagraph (A) shall be deposited in a special 
                account in the Treasury of the United States, which 
                shall be available to the Secretary, without further 
                appropriation, for the management of cultural, 
                wildlife, and wilderness resources on public land in 
                the State of Nevada.
            (3) Flight path.--Except for safety reasons, any helicopter 
        tour originating or concluding at the parcel of land described 
        in subsection (e) that flies over the Conservation Area shall 
        not fly--
                    (A) over any area in the Conservation Area except 
                the area that is between 3 and 5 miles north of the 
                latitude of the southernmost boundary of the 
                Conservation Area;
                    (B) lower than 1,000 feet over the eastern segments 
                of the boundary of the Conservation Area; or
                    (C) lower than 500 feet over the western segments 
                of the boundary of the Conservation Area.
            (4) Reversion.--If the County ceases to use any of the land 
        described in subsection (d) for the purpose described in 
        paragraph (1)(A) and under the conditions stated in paragraphs 
        (2) and (3)--
                    (A) title to the parcel shall revert to the United 
                States, at the option of the United States; and
                    (B) the County shall be responsible for any 
                reclamation necessary to revert the parcel to the 
                United States.
    (g) Administrative Costs.--The Secretary shall require, as a 
condition of the conveyance under subsection (d), that the County pay 
the administrative costs of the conveyance, including survey costs and 
any other costs associated with the transfer of title.
answer:
Requires the Secretary of the Interior to convey a specified parcel of Federal land to Clark County, Nevada, for operation of a commercial heliport facility. Prohibits the disposal of such conveyed land by the County.

Establishes a conservation fee for, and restricts the flight path of, helicopter tours originating from or concluding at the conveyed land which fly over the Sloan Canyon National Conservation Area. Requires collected fees to be deposited into a special account in the Treasury for use by the Secretary for cultural, wildlife, and wilderness resources management on public lands in Nevada.

Provides that title to the conveyed land shall revert to the United States if the County ceases to use the land for the purpose described in this Act. Makes the County responsible for any reclamation necessary for reversion.

Directs the Secretary to require the County to pay the administrative costs of conveying the land.


question:
SECTION 1. SHORT TITLE.

     This Act may be cited as ``The American Horse Slaughter Prevention 
Act''.

SEC. 2. FINDINGS.

     Congress makes the following findings:
            (1) Horses have played a significant role in the history 
        and culture of the United States.
            (2) Horses in the United States are not raised for food or 
        fiber.
            (3) As a non-food and recreational animal, horses should be 
        protected from slaughter.
            (4) The foreign-owned horse slaughter industry has 
        slaughtered and exported for human consumption over 3 million 
        American horses in the last 2 decades.
            (5) Approximately 55,000 American horses are slaughtered 
        for human consumption annually in the United States by foreign-
        owned slaughterhouses. Tens of thousands of live horses are 
        exported from the United States annually for slaughter.
            (6) Horses slaughtered in these foreign-owned plants in the 
        United States have often been hauled several thousand miles 
        over several days, contrary to acceptable non-slaughter 
        standards for water, food, and rest.
            (7) Many horses shipped to slaughter are young, healthy 
        animals. Others are old, sick, blind, crippled and in otherwise 
        poor condition and are unfit to withstand the rigors of long 
        travel. Horses sent to be slaughtered are often shipped on 
        crowded double deck trucks designed for shorter necked species 
        such as pigs, cattle and sheep, and are forced to travel in a 
        bent position which can result in suffering, injury and death.
            (8) Killing of horses by foreign-owned slaughterhouses in 
        the United States contrasts with the preferable method of 
        killing by chemical euthanasia.
            (9) Horses endure repeated blows to the head with stunning 
        equipment that often does not render the animals unconscious. 
        Some horses proceed still conscious through the remaining 
        stages of slaughter being bled out and dismembered.
            (10) Because horses in America are not food animals, 
        veterinarians commonly prescribe and treat horses with potent 
        drugs that may reside in the horseflesh and be dangerous when 
        consumed by humans.
            (11) Because of the lack of disclosure on the part of the 
        agents and dealers for the slaughter plants people's horses are 
        many times acquired and slaughtered through fraud and 
        misrepresentation. Slaughter also provides a quick and 
        evidence-free outlet for stolen horses.
            (12) The imposition of a ban on the sale of horseflesh for 
        human consumption, regardless of its source, is consistent with 
        the international obligations of the United States because it 
        applies equally to domestic and foreign producers and avoids 
        any discrimination among foreign sources of competing products. 
        Such a ban is also consistent with provisions of international 
        agreements to which the United States is a party that expressly 
        allow for measures designed to protect the health and welfare 
        of animals and to enjoin the use of deceptive trade practices 
        in international or domestic commerce.

SEC. 3. PURPOSE.

     The purpose of this Act is --
            (1) to prohibit the slaughter of horses for human 
        consumption;
            (2) to prohibit the sale, possession, and trade of 
        horseflesh for human consumption;
            (3) to prohibit the sale, possession, and trade of live 
        horses for slaughter for human consumption.

SEC. 4. DEFINITIONS.

     For the purposes of this Act, the following definitions apply:
            (1) Euthanasia.--The term ``euthanasia'' means to kill an 
        animal humanely by means that immediately renders the animal 
        unconscious, with this state remaining until the animal's swift 
        death.
            (2) Export.--The term ``export'' means to take from any 
        place subject to the jurisdiction of the United States to a 
        place not subject to such jurisdiction, whether or not the 
        taking constitutes an exportation within the meaning of the 
        customs laws of the United States.
            (3) Horse.--The term ``horse'' means all members of the 
        equid family, including horses, ponies, donkeys, mules, asses, 
        and burros.
            (4) Horseflesh.--The term ``horseflesh'' means the flesh of 
        a dead horse, including the animal's viscera, skin, hair, hide, 
        hooves, and bones.
            (5) Human consumption.--The term ``human consumption'' 
        means ingestion by people as a source of food.
            (6) Import.--The term ``import'' means to bring into any 
        place subject to the jurisdiction of the United States from a 
        place not subject to such jurisdiction, whether or not the 
        bringing constitutes an importation within the meaning of the 
        customs laws of the United States.
            (7) Person.--The term ``person'' means--
                    (A) an individual, corporation, partnership, trust, 
                association, or other private entity;
                    (B) an officer, employee, agent, department, or 
                instrumentality of--
                            (i) the Federal Government; or
                            (ii) any State, municipality, or political 
                        subdivision of State; or
                    (C) any other entity subject to the jurisdiction of 
                the United States.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (9) Slaughter.--The term ``slaughter'' means the commercial 
        slaughter of one or more horses with the intent to sell, 
        barter, or trade the flesh for human consumption.
            (10) State.--The term ``State'' means the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        Virgin Islands, Guam, the Commonwealth of the Northern Mariana 
        Islands, American Samoa, and any other territory, or possession 
        of the United States.
            (11) Transport.--The term ``transport'' means to move by 
        any means, or to receive or load onto a vehicle for the purpose 
        of movement.
            (12) United states.--The term ``United States'' means the 
        customs territory of the United States, as defined in general 
        note 2 of the Harmonized Tariff Schedule of the United States.

SEC. 5. PROHIBITED ACTS.

    (a) In General.--A person shall not--
            (1) slaughter a horse for human consumption;
            (2) import into, or export from, the United States 
        horseflesh for human consumption or live horses intended for 
        slaughter for human consumption;
            (3) sell or barter, offer to sell or barter, purchase, 
        possess, transport, deliver, or receive horseflesh for human 
        consumption or live horses intended for slaughter for human 
        consumption; or
            (4) solicit, request, or otherwise knowingly cause any act 
        prohibited under paragraph (1), (2), or (3).

SEC. 6. PENALTIES AND ENFORCEMENT.

    (a) Criminal Penalties.--A person who violates section 5 shall be 
fined under title 18, United States Code, imprisoned for not more than 
1 year, or both.
    (b) Civil Penalties.--
            (1) In general.--Any person who violates any provision of 
        section 5 shall, in addition to any other civil or criminal 
        penalty that may be imposed under title 18, United States Code, 
        or any other provision of law, be assessed, by the Secretary, a 
        civil penalty of not more than $5,000 but not less than $2,500, 
        and shall have confiscated all horses in that person's physical 
        or legal possession at the time of arrest, if said horses are 
        intended for slaughter.
            (2) Debarment.--The Secretary shall prohibit a person from 
        importing, exporting, transporting, trading, or selling horses 
        in the United States, if the Secretary finds that the person 
        has engaged in a pattern or practice of actions that has 
        resulted in a final judicial or administrative determination 
        with respect to the assessment of criminal or civil penalties 
        for violations of any provision of this Act
    (c) Notice; Hearing.--No monetary penalty may be assessed under 
this subsection against a person unless the person is given notice and 
opportunity for a hearing with respect to such violation in accordance 
with section 554 of title 5, United States Code.
    (d) Enforcement.--
            (1) Use of personnel.--The Secretary shall enforce this 
        Act, and may use, by agreement, the personnel, services, and 
        facilities of any other Federal, State, or local agency for the 
        purposes of enforcing this Act. For good cause shown, the 
        Secretary 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 process issued by any officer or court 
        of competent jurisdiction to enforce this Act. Such a person so 
        authorized may, in addition to any other authority conferred by 
        law--
                    (A) with or without warrant or other process, 
                arrest any person committing in his presence or view a 
                violation of this Act or the regulations 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 employed; 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 Secretary.
            (3) Placement of confiscated horses.--
                    (A) Temporary placement.--After confiscation of a 
                live horse pursuant to this Act, the arresting 
                authorities shall work with animal welfare societies 
                and animal control departments 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 exempt from 
                taxation under section 501(a) of such Code, while the 
                person charged with violating this Act is prosecuted. 
                If placement at such a facility is not possible, the 
                arresting authorities shall work with animal welfare 
                societies and animal control departments to temporarily 
                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 determines 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 confiscated. If a 
                        bond is not so posted, the custodial facility 
                        shall determine permanent 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 
                        covered by the bond, and if the owner desires 
                        to prevent permanent placement of the animal by 
                        the custodial facility, the owner shall post a 
                        new bond with the court within ten days 
                        following the prior bond's expiration. If a new 
                        bond is not so posted, the custodial facility 
                        shall determine permanent 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 
                        confiscated horse from the date of the initial 
                        confiscation to the date of final disposition 
                        of the horse in the criminal action charging a 
                        violation of this Act.
                    (C) Permanent placement.--Any horse confiscated 
                pursuant to this Act and not returned to the owner 
                thereafter (except where otherwise provided in 
                paragraph (4)) shall be placed permanently with an 
                animal rescue facility 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 identify 
                        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 recent 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 
                penetrating captive bolt.
                    (B) Horses beyond recovery and unplaceable.--The 
                Secretary or any individual charged with enforcing this 
                Act may order the euthanasia of any confiscated horse 
                when injured, disabled, or diseased beyond recovery 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 veterinarian shall perform the euthanasia rated 
                ``Acceptable'' for horses in the most recent Report of 
                the American Veterinary Medical Association's Panel on 
                Euthanasia (2000), but shall not include penetrating 
                captive bolt, electrocution, 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 appropriation, 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 property.--Amounts 
        received as penalties, fines, or forfeited 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 
        described in this section.
    (f) Calculation of Violations.--For purposes of this section, a 
separate offense shall be calculated as follows:
            (1) Each live horse transported, traded, slaughtered, or 
        possessed in violation of this Act shall constitute a separate 
        offense.
            (2) Every four hundred pounds or less of confiscated 
        horseflesh shall constitute a separate offense.

SEC. 7. REPORT ON ENFORCEMENT EFFORTS.

     Not later than 2 years after the date of the enactment 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 regulation by any State of its 
horse population.
    (b) Exception for Designated Law Enforcement Official Purposes.--A 
person described in section 4(7)(B) may engage in activities described 
in paragraphs (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.
answer:

The American Horse Slaughter Prevention Act - Prohibits a person from: (1) slaughtering a horse for human consumption; (2) importing to, or exporting from, the United States horseflesh or horses for human consumption; (3) selling, bartering, transferring, receiving, or distributing horseflesh or horses for human consumption; or (4) soliciting or knowingly causing any such actions.Sets forth provisions respecting: (1) criminal and civil penalties; (2) enforcement authority of the Secretary of Agriculture; (3) placement of confiscated horses; (4) euthanasia of unplaceable or severely injured or diseased horses; (4) funding of animal rescue facilities; and (5) exemptions.