I
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) in-
troduced 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 juris-
diction 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 Representa-
tives 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.
Sec. 2. Findings.
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 trans-
port.
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.
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
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 des-
tination 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 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. 103. 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 INVOLV-
ING 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-
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 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 inci-
dent; and
‘‘(iv) the remedial action of the car-
rier; 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 De-
partment of Transportation in a separate category
of information.
‘‘(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. 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:
‘‘(6) a summary of—
‘‘(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:
‘‘§ 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 trans-
ported;
‘‘(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 re-
spect 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 fol-
lowing:
‘‘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 fol-
lowing:
‘‘§ 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 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 guard-
ian of the animal at the final destination of the ani-
mal.
‘‘(b) CIVIL PENALTIES.—
‘‘(1) IN GENERAL.—The Secretary may assess
a civil penalty of not more than $5,000 for each vio-
lation 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 of-
fense.
‘‘(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 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.
‘‘(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 re-
quest 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 trans-
acts 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 in-