277
HR 1000 EAS
(ii) receive approval to participate in
the program from the State or local law en-
forcement agency that is the employer of
that law enforcement officer.
(B) TRAINING
NOT
FEDERAL
RESPONSI-
BILITY.—The Federal Government shall not be
responsible for providing to a State or local law
enforcement officer the training required to meet
the training requirements under subparagraph
(A)(i). Nothing in this subsection may be con-
strued to grant any such law enforcement officer
the right to attend any institution of the Federal
Government established to provide training to
law enforcement officers of the Federal Govern-
ment.
(c) POWERS AND STATUS OF DEPUTIZED LAW EN-
FORCEMENT OFFICERS.—
(1) IN GENERAL.—Subject to paragraph (2), a
State or local law enforcement officer that is depu-
tized as a Deputy United States Marshal under the
program established under subsection (b) may arrest
and apprehend an individual suspected of violating
any Federal law described in subsection (b)(1)(A), in-
cluding any individual who violates a provision sub-
ject to a civil penalty under section 46301 of title 49,
278
HR 1000 EAS
United States Code, or section 46302, 46303, 46504,
46505, or 46507 of that title, or who commits an act
described in section 46506 of that title.
(2) LIMITATION.—The powers granted to a State
or local law enforcement officer deputized under the
program established under subsection (b) shall be lim-
ited to enforcing Federal laws relating to security on
board aircraft in flight.
(3) STATUS.—A State or local law enforcement
officer that is deputized as a Deputy United States
Marshal under the program established under sub-
section (b) shall not—
(A) be considered to be an employee of the
Federal Government; or
(B) receive compensation from the Federal
Government by reason of service as a Deputy
United States Marshal in the program.
(d) STATUTORY CONSTRUCTION.—Nothing in this sec-
tion may be construed to—
(1) grant a State or local law enforcement officer
that is deputized under the program under subsection
(b) the power to enforce any Federal law that is not
described in subsection (c); or
(2) limit the authority that a State or local law
enforcement officer may otherwise exercise in the ca-
279
HR 1000 EAS
pacity under any other applicable State or Federal
law.
(e) REGULATIONS.—The Attorney General may pro-
mulgate such regulations as may be necessary to carry out
this section.
SEC. 1503. STUDY AND REPORT ON AIRCRAFT NOISE.
Not later than December 31, 2002, the Secretary of
Transportation shall conduct a study and report to Con-
gress on—
(1) airport noise problems in the United States;
(2) the status of cooperative consultations and
agreements between the Federal Aviation Administra-
tion and the International Civil Aviation Organiza-
tion on stage 4 aircraft noise levels; and
(3) the feasibility of proceeding with the develop-
ment and implementation of a timetable for air car-
rier compliance with stage 4 aircraft noise require-
ments.
TITLE XVI—AIRLINE
COMMISSION
SEC. 1601. SHORT TITLE.
This title may be cited as the ‘‘Improved Consumer
Access to Travel Information Act’’.
280
HR 1000 EAS
SEC. 1602. NATIONAL COMMISSION TO ENSURE CONSUMER
INFORMATION AND CHOICE IN THE AIRLINE
INDUSTRY.
(a) ESTABLISHMENT.—There is established a commis-
sion to be known as the ‘‘National Commission to Ensure
Consumer Information and Choice in the Airline Industry’’
(in this section referred to as the ‘‘Commission’’).
(b) DUTIES.—
(1) STUDY.—The Commission shall undertake a
study of—
(A) consumer access to information about
the products and services of the airline industry;
(B) the effect on the marketplace of the
emergence of new means of distributing such
products and services;
(C) the effect on consumers of the declining
financial condition of travel agents in the
United States; and
(D) the impediments imposed by the airline
industry on distributors of the industry’s prod-
ucts and services, including travel agents and
Internet-based distributors.
(2) POLICY RECOMMENDATIONS.—Based on the
results of the study described in paragraph (1), the
Commission shall recommend to the President and
Congress policies necessary to—
281
HR 1000 EAS
(A) ensure full consumer access to complete
information concerning airline fares, routes, and
other services;
(B) ensure that the means of distributing
the products and services of the airline industry,
and of disseminating information about such
products and services, is adequate to ensure that
competitive information is available in the mar-
ketplace;
(C) ensure that distributors of the products
and services of the airline industry have ade-
quate relief from illegal, anticompetitive prac-
tices that occur in the marketplace; and
(D) foster healthy competition in the airline
industry and the entry of new entrants.
(c) SPECIFIC MATTERS TO BE ADDRESSED.—In car-
rying out the study authorized under subsection (b)(1), the
Commission shall specifically address the following:
(1) CONSUMER ACCESS TO INFORMATION.—With
respect to consumer access to information regarding
the services and products offered by the airline indus-
try, the following:
(A) The state of such access.
282
HR 1000 EAS
(B) The effect in the 5-year period following
the date of the study of the making of alliances
in the airline industry.
(C) Whether and to what degree the trends
regarding such access will produce benefits to
consumers.
(2) MEANS OF DISTRIBUTION.—With respect to
the means of distributing the products and services of
the airline industry, the following:
(A) The state of such means of distribution.
(B) The roles played by travel agencies and
Internet-based providers of travel information
and services in distributing such products and
services.
(C) Whether the policies of the United
States promote the access of consumers to mul-
tiple means of distribution.
(3) AIRLINE RESERVATION SYSTEMS.—With re-
spect to airline reservation systems, the following:
(A) The rules, regulations, policies, and
practices of the industry governing such systems.
(B) How trends in such systems will affect
consumers, including—
(i) the effect on consumer access to
flight reservation information; and
283
HR 1000 EAS
(ii) the effect on consumers of the use
by the airline industry of penalties and
promotions to convince distributors to use
such systems, and the degree of consumer
awareness of such penalties and promotions.
(d) MEMBERSHIP.—
(1) APPOINTMENT.—The Commission shall be
composed of 15 voting members and 11 nonvoting
members as follows:
(A) 5 voting members and 1 nonvoting
member appointed by the President.
(B) 3 voting members and 3 nonvoting
members appointed by the Speaker of the House
of Representatives.
(C) 2 voting members and 2 nonvoting
members appointed by the minority leader of the
House of Representatives.
(D) 3 voting members and 3 nonvoting
members appointed by the majority leader of the
Senate.
(E) 2 voting members and 2 nonvoting
members appointed by the minority leader of the
Senate
(2) 
QUALIFICATIONS.—Voting 
members 
ap-
pointed under paragraph (1) shall be appointed from
284
HR 1000 EAS
among individuals who are experts in economics,
service product distribution, or transportation, or any
related discipline, and who can represent consumers,
passengers, shippers, travel agents, airlines, or gen-
eral aviation.
(3) TERMS.—Members shall be appointed for the
life of the Commission.
(4) VACANCIES.—A vacancy in the Commission
shall be filled in the manner in which the original
appointment was made.
(5) TRAVEL
EXPENSES.—Members shall serve
without pay but shall receive travel expenses, includ-
ing per diem in lieu of subsistence, in accordance
with subchapter I of chapter 57 of title 5, United
States Code.
(6) CHAIRPERSON.—The President, in consulta-
tion with the Speaker of the House of Representatives
and the majority leader of the Senate, shall designate
the Chairperson of the Commission (referred to in this
title as the ‘‘Chairperson’’) from among its voting
members.
(e) COMMISSION PANELS.—The Chairperson shall es-
tablish such panels consisting of voting members of the
Commission as the Chairperson determines appropriate to
carry out the functions of the Commission.
285
HR 1000 EAS
(f) STAFF.—The Commission may appoint and fix the
pay of such personnel as it considers appropriate.
(g) STAFF OF FEDERAL AGENCIES.—Upon request of
the Commission, the head of any department or agency of
the United States may detail, on a reimbursable basis, any
of the personnel of that department or agency to the Com-
mission to assist it in carrying out its duties under this
section.
(h) OTHER STAFF AND SUPPORT.—Upon the request
of the Commission, or a panel of the Commission, the Sec-
retary of Transportation shall provide the Commission or
panel with professional and administrative staff and other
support, on a reimbursable basis, to assist the Commission
or panel in carrying out its responsibilities.
(i) OBTAINING OFFICIAL DATA.—The Commission
may secure directly from any department or agency of the
United States information (other than information required
by any statute of the United States to be kept confidential
by such department or agency) necessary for the Commis-
sion to carry out its duties under this section. Upon request
of the Commission, the head of that department or agency
shall furnish such nonconfidential information to the Com-
mission.
(j) REPORT.—Not later than 6 months after the date
on which initial appointments of members to the Commis-
286
HR 1000 EAS
sion are completed, the Commission shall transmit to the
President and Congress a report on the activities of the
Commission, including recommendations made by the Com-
mission under subsection (b)(2).
(k) TERMINATION.—The Commission shall terminate
on the 30th day following the date of transmittal of the re-
port under subsection (j). All records and papers of the
Commission shall thereupon be delivered by the Adminis-
trator of General Services for deposit in the National Ar-
chives.
(l) APPLICABILITY OF THE FEDERAL ADVISORY COM-
MITTEE ACT.—The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Commission.
TITLE XVII—TRANSPORTATION
OF ANIMALS
SEC. 1701. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This title may be cited as the
‘‘Safe Air Travel for Animals Act’’.
(b) TABLE OF CONTENTS.—The table of contents of this
title is as follows:
Sec. 1701. Short title; table of contents.
Sec. 1702. Findings.
SUBTITLE A—ANIMAL WELFARE
Sec. 1711. Definition of transport.
Sec. 1712. Information on incidence of animals in air transport.
Sec. 1713. Reports by carriers on incidents involving animals during air trans-
port.
Sec. 1714. Annual reports.
287
HR 1000 EAS
SUBTITLE B—TRANSPORTATION
Sec. 1721. Policies and procedures for transporting animals.
Sec. 1722. Civil penalties and compensation for loss, injury, or death of animals
during air transport.
Sec. 1723. Cargo hold improvements to protect animal health and safety.
SEC. 1702. FINDINGS.
Congress finds that—
(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 air-
plane 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 air-
lines 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 safe-
ty with regard to transporting animals;
(7) the last congressional action on animals
transported by air was conducted over 22 years ago;
and
288
HR 1000 EAS
(8) the conditions of cargo holds of airplanes
must be improved to protect the health, and ensure
the safety, of transported animals.
Subtitle A—Animal Welfare
SEC. 1711. 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 destina-
tion of the animal.’’.
SEC. 1712. 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 enact-
289
HR 1000 EAS
ment of this subsection, the Secretary shall require each air-
line carrier to—
‘‘(1) submit to the Secretary real-time informa-
tion (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—
‘‘(A) the flight number;
‘‘(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. 1713. REPORTS BY CARRIERS ON INCIDENTS INVOLV-
ING 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 mis-
290
HR 1000 EAS
handling of an animal during air transport shall
submit a report to the Secretary of Agriculture and
the Secretary of Transportation that provides a com-
plete description of the incident.
‘‘(2) ADMINISTRATION.—Not later than 90 days
after the date of enactment of this subsection, the Sec-
retary of Agriculture, in consultation with the Sec-
retary 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 inci-
dent; 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 Re-
ports and other consumer publications of the Depart-
291
HR 1000 EAS
ment of Transportation in a separate category of in-
formation.
‘‘(4) CONSUMER
COMPLAINTS.—Not later than
15 days after receiving a consumer complaint con-
cerning the loss, injury, death or mishandling of an
animal during air transport, the Secretary of Trans-
portation shall provide a description of the complaint
to the Secretary of Agriculture.’’.
SEC. 1714. 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:
‘‘(6) a summary of—
‘‘(A) incidents involving the loss, injury, or
death of animals transported by airline carriers;
and
‘‘(B) consumer complaints regarding the in-
cidents.’’.
292
HR 1000 EAS
Subtitle B—Transportation
SEC. 
1721. 
POLICIES 
AND 
PROCEDURES 
FOR 
TRANS-
PORTING ANIMALS.
(a) IN GENERAL.—Subchapter I of chapter 417 of title
49, United States Code, is amended by adding at the end
the following:
‘‘§ 41716. 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 Fed-
eral 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.’’.
293
HR 1000 EAS
(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:
‘‘41716. Policies and procedures for transporting animals.’’.
SEC. 1722. CIVIL PENALTIES AND COMPENSATION FOR
LOSS, INJURY, OR DEATH OF ANIMALS DUR-
ING AIR TRANSPORT.
(a) IN GENERAL.—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
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) CARRIER.—The term ‘carrier’ means a per-
son (including any employee, contractor, or agent of
the person) operating an aircraft for the transpor-
tation 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 dur-
ing the period the animal is in the custody of a car-
rier, 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.
‘‘(b) CIVIL PENALTIES.—
294
HR 1000 EAS
‘‘(1) IN GENERAL.—The Secretary may assess a
civil penalty of not more than $5,000 for each viola-
tion on, or issue a cease and desist order against, any
carrier that causes, or is otherwise involved in or as-
sociated 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 de-
termining the amount of a penalty imposed under
this subsection, each violation and each day during
which a violation continues shall be a separate of-
fense.
‘‘(4) FACTORS.—In determining whether to as-
sess 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.
295
HR 1000 EAS
‘‘(5) COLLECTION OF PENALTIES.—
‘‘(A) IN GENERAL.—On the failure of a car-
rier to pay a civil penalty assessed by a final
order under this section, the Secretary shall re-
quest the Attorney General to institute a civil ac-
tion 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 ju-
risdiction 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 ani-
mal, the owner of the animal shall be entitled to compensa-
tion from the carrier in an amount that—
‘‘(1) is not less than 2 times any limitation es-
tablished by the carrier for loss or damage to baggage
under part 254 of title 14, Code of Federal Regula-
tions (or any successor regulation); and
‘‘(2) includes all veterinary and other related
costs that are documented and initiated not later
296
HR 1000 EAS
than 1 year after the incident that caused the loss, in-
jury, 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. 1723. CARGO HOLD IMPROVEMENTS TO PROTECT ANI-
MAL 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 trans-
port 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 Regula-
tions, to install, to the maximum extent practicable,
systems that permit positive airflow and heating and
cooling for animals that are present in cargo or bag-
gage 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).
297
HR 1000 EAS
(b) REPORT.—Not later than March 31, 2002, the Sec-
retary shall submit a report to Congress that describes ac-
tions that have been taken to carry out subsection (a).
Attest:
Secretary.
HR 1000 EAS——2
HR 1000 EAS——3
HR 1000 EAS——4
HR 1000 EAS——5
HR 1000 EAS——6
HR 1000 EAS——7
HR 1000 EAS——8
HR 1000 EAS——9
HR 1000 EAS——10
HR 1000 EAS——11
HR 1000 EAS——12
HR 1000 EAS——13
HR 1000 EAS——14
HR 1000 EAS——15
HR 1000 EAS——16
HR 1000 EAS——17
HR 1000 EAS——18
HR 1000 EAS——19
HR 1000 EAS——20