Safe Air Travel for Animals Act
HR 2776 IH
106th CONGRESS
1st Session
H. R. 2776
To improve the safety of animals transported on aircraft, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
August 5, 1999
Mr. MENENDEZ (for himself, Mr. BLUMENAUER, Mr. CAPUANO, Mr. FARR of California,
Mr. LANTOS, Ms. LEE, Ms. MCKINNEY, Mrs. MORELLA, Mr. NEAL of Massachusetts,
Ms. PELOSI, Mr. SHAYS, and Mr. TIERNEY) introduced the following bill;
which was referred to the Committee on Transportation and Infrastructure,
and in addition to the Committee on Agriculture, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To improve the safety of animals transported on aircraft, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Safe Air Travel for
Animals Act'.
(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--ANIMAL WELFARE
Sec. 101. Definition of transport.
Sec. 102. Information on incidence of animals in air transport.
Sec. 103. Reports by carriers on incidents involving animals during
air transport.
Sec. 104. Annual reports.
TITLE II--TRANSPORTATION
Sec. 201. Policies and procedures for transporting animals.
Sec. 202. Civil penalties and compensation for loss, injury, or death
of animals during air transport.
Sec. 203. Cargo hold improvements to protect animal health and safety.
SEC. 2. FINDINGS.
(1) animals are live, sentient creatures, with the ability to feel
pain and suffer;
(2) it is inappropriate for animals transported by air to be treated
as baggage;
(3) according to the Air Transport Association, over 500,000 animals
are transported by air each year and as many as 5,000 of those animals
are lost, injured, or killed;
(4) most injuries to animals traveling by airplane are due to mishandling
by baggage personnel, severe temperature fluctuations, insufficient oxygen
in cargo holds, or damage to kennels;
(5) there are no Federal requirements that airlines report incidents
of animal loss, injury, or death;
(6) members of the public have no information to use in choosing an
airline based on its record of safety with regard to transporting animals;
(7) the last congressional action on animals transported by air was
conducted over 22 years ago; and
(8) the conditions of cargo holds of airplanes must be improved to
protect the health, and ensure the safety, of transported animals.
TITLE I--ANIMAL WELFARE
SEC. 101. DEFINITION OF TRANSPORT.
Section 2 of the Animal Welfare Act (7 U.S.C. 2132) is amended by adding
at the end the following:
`(p) TRANSPORT- The term `transport', when used with respect to the
air transport of an animal by a carrier, means the transport of the animal
during the period the animal is in the custody of the carrier, from check-in
of the animal prior to departure until the animal is returned to the owner
or guardian of the animal at the final destination of the animal.'.
SEC. 102. INFORMATION ON INCIDENCE OF ANIMALS IN AIR TRANSPORT.
Section 6 of the Animal Welfare Act (7 U.S.C. 2136) is amended--
(1) by striking `SEC. 6. Every' and inserting the following:
`SEC. 6. REGISTRATION.
`(a) IN GENERAL- Each'; and
(2) by adding at the end the following:
`(b) INFORMATION ON INCIDENCE OF ANIMALS IN AIR TRANSPORT- Not later
than 2 years after the date of enactment of this subsection, the Secretary
shall require each airline carrier to--
`(1) submit to the Secretary real-time information (as the information
becomes available, but at least 24 hours in advance of a departing flight)
on each flight that will be carrying a live animal, including--
`(B) the arrival and departure points of the flight;
`(C) the date and times of the flight; and
`(D) a description of the number and types of animals aboard the flight;
and
`(2) ensure that the flight crew of an aircraft is notified of the
number and types of animals, if any, on each flight of the crew.'.
SEC. 103. REPORTS BY CARRIERS ON INCIDENTS INVOLVING ANIMALS DURING AIR
TRANSPORT.
Section 19 of the Animal Welfare Act (7 U.S.C. 2149) is amended by
adding at the end the following:
`(e) REPORTS BY CARRIERS ON INCIDENTS INVOLVING ANIMALS DURING AIR
TRANSPORT-
`(1) IN GENERAL- An airline carrier that causes, or is otherwise involved
in or associated with, an incident involving the loss, injury, death or
mishandling of an animal during air transport shall submit a report to
the Secretary of Agriculture and the Secretary of Transportation that provides
a complete description of the incident.
`(2) ADMINISTRATION- Not later than 90 days after the date of enactment
of this subsection, the Secretary of Agriculture, in consultation with
the Secretary of Transportation, shall issue regulations that specify--
`(A) the type of information that shall be included in a report required
under paragraph (1), including--
`(i) the date and time of an incident;
`(ii) the location and environmental conditions of the incident site;
`(iii) the probable cause of the incident; and
`(iv) the remedial action of the carrier; and
`(B) a mechanism for notifying the public concerning the incident.
`(3) CONSUMER INFORMATION- The Secretary of Transportation shall include
information received under paragraph (1) in the Air Travel Consumer Reports
and other consumer publications of the Department of Transportation in
a separate category of information.
`(4) CONSUMER COMPLAINTS- Not later than 15 days after receiving a
consumer complaint concerning the loss, injury, death or mishandling of
an animal during air transport, the Secretary of Transportation shall provide
a description of the complaint to the Secretary of Agriculture.'.
SEC. 104. ANNUAL REPORTS.
Section 25 of the Animal Welfare Act (7 U.S.C. 2155) is amended in
the first sentence--
(1) in paragraph (4), by striking `and' at the end;
(2) in paragraph (5), by striking the period at the end and inserting
`; and'; and
(3) by adding at the end the following:
`(A) incidents involving the loss, injury, or death of animals transported
by airline carriers; and
`(B) consumer complaints regarding the incidents.'.
TITLE II--TRANSPORTATION
SEC. 201. POLICIES AND PROCEDURES FOR TRANSPORTING ANIMALS.
(a) IN GENERAL- Subchapter I of chapter 417 of title 49, United States
Code, is amended by adding at the end the following:
`Sec. 41717. Policies and procedures for transporting animals
`An air carrier shall establish and include in each contract of carriage
under part 253 of title 14, Code of Federal Regulations (or any successor
regulation) policies and procedures of the carrier for transporting animals
safely, including--
`(1) training requirements for airline personnel in the proper treatment
of animals being transported;
`(2) information on the risks associated with air travel for animals;
`(3) a description of the conditions under which animals are transported;
`(4) the safety record of the carrier with respect to transporting
animals; and
`(5) plans for handling animals prior to and after flight, and when
there are flight delays or other circumstances that may affect the health
or safety of an animal during transport.'.
(b) TABLE OF CONTENTS- The analysis for chapter 417 of title 49, United
States Code, is amended by adding at the end of the items relating to subchapter
I the following:
`41717. Policies and procedures for transporting animals.'.
SEC. 202. CIVIL PENALTIES AND COMPENSATION FOR LOSS, INJURY, OR DEATH OF
ANIMALS DURING AIR TRANSPORT.
(a) IN GENERAL- Chapter 463 of title 49, United States Code, is amended
by adding at the end the following:
`Sec. 46317. Civil penalties and compensation for loss, injury, or death
of animals during air transport
`(a) DEFINITIONS- In this section:
`(1) CARRIER- The term `carrier' means a person (including any employee,
contractor, or agent of the person) operating an aircraft for the transportation
of passengers or property for compensation.
`(2) TRANSPORT- The term `transport', when used with respect to the
air transport of an animal by a carrier, means the transport of the animal
during the period the animal is in the custody of a carrier, from check-in
of the animal prior to departure until the animal is returned to the owner
or guardian of the animal at the final destination of the animal.
`(1) IN GENERAL- The Secretary may assess a civil penalty of not more
than $5,000 for each violation on, or issue a cease and desist order against,
any carrier that causes, or is otherwise involved in or associated with,
the loss, injury, or death of an animal during air transport.
`(2) CEASE AND DESIST ORDERS- A carrier who knowingly fails to obey
a cease and desist order issued by the Secretary under this subsection
shall be subject to a civil penalty of $1,500 for each offense.
`(3) SEPARATE OFFENSES- For purposes of determining the amount of a
penalty imposed under this subsection, each violation and each day during
which a violation continues shall be a separate offense.
`(4) FACTORS- In determining whether to assess a civil penalty under
this subsection and the amount of the civil penalty, the Secretary shall
consider--
`(A) the size and financial resources of the business of the carrier;
`(B) the gravity of the violation;
`(C) the good faith of the carrier; and
`(D) any history of previous violations by the carrier.
`(5) COLLECTION OF PENALTIES-
`(A) IN GENERAL- On the failure of a carrier to pay a civil penalty
assessed by a final order under this section, the Secretary shall request
the Attorney General to institute a civil action in a district court of
the United States or other United States court for any district in which
the carrier is found or resides or transacts business, to collect the penalty.
`(B) PENALTIES- The court shall have jurisdiction to hear and decide
an action brought under subparagraph (A).
`(c) COMPENSATION- If an animal is lost, injured, or dies in transport
by a carrier, unless the carrier proves that the carrier did not cause,
and was not otherwise involved in or associated with, the loss, injury,
or death of the animal, the owner of the animal shall be entitled to compensation
from the carrier in an amount that--
`(1) is not less than 2 times any limitation established by the carrier
for loss or damage to baggage under part 254 of title 14, Code of Federal
Regulations (or any successor regulation); and
`(2) includes all veterinary and other related costs that are documented
and initiated not later than 1 year after the incident that caused the
loss, injury, or death of the animal.'.
(b) TABLE OF CONTENTS- The analysis for chapter 463 of title 49, United
States Code, is amended by adding at the end the following:
`46317. Civil penalties and compensation for loss, injury, or death
of animals during air transport.'.
SEC. 203. CARGO HOLD IMPROVEMENTS TO PROTECT ANIMAL HEALTH AND SAFETY.
(a) IN GENERAL- To protect the health and safety of animals in transport,
the Secretary of Transportation shall--
(1) in conjunction with requiring certain transport category airplanes
used in passenger service to replace class D cargo or baggage compartments
with class C cargo or baggage compartments under parts 25, 121, and 135
of title 14, Code of Federal Regulations, to install, to the maximum extent
practicable, systems that permit positive airflow and heating and cooling
for animals that are present in cargo or baggage compartments; and
(2) effective beginning January 1, 2001, prohibit the transport of
an animal by any carrier in a cargo or baggage compartment that fails to
include a system described in paragraph (1).
(b) REPORT- Not later than March 31, 2002, the Secretary shall submit
a report to Congress that describes actions that have been taken to carry
out subsection (a).
END