[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1193 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1193

To improve the safety of animals transported on aircraft, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 9, 1999

Mr. Lautenberg introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 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.
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 
                            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.

    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 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--
                    ``(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 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:
            ``(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:
``Sec. 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 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:

``41716. 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.
    ``(b) Civil Penalties.--
            ``(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).
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