[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2891 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2891

  To establish a national policy of basic consumer fair treatment for 
                          airline passengers.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 19, 2000

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

_______________________________________________________________________

                                 A BILL


 
  To establish a national policy of basic consumer fair treatment for 
                          airline passengers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Air Travelers Fair Treatment Act of 
2000''.

SEC. 2. FAIR TREATMENT OF AIRLINE PASSENGERS.

    Section 41712 of title 49, United States Code, is amended--
            (1) by striking ``On the initiative'' and inserting ``(a) 
        Duty of the Secretary.--On the initiative''; and
            (2) by adding at the end the following:
    ``(b) Specific Practices.--For purposes of subsection (a), the 
terms `unfair or deceptive practice' and `unfair method of competition' 
include each of the following:
            ``(1) Flight delays.--The failure of an air carrier or 
        foreign air carrier to provide a passenger of the carrier with 
        an accurate explanation of the reasons for a flight delay, 
        cancellation, or diversion from a ticketed itinerary.
            ``(2) Pricing policies.--Any action of an air carrier or 
        foreign air carrier--
                    ``(A) to prohibit a person (including a 
                governmental entity) that purchases air transportation 
                from only using a portion of the air transportation 
                purchased (including using the air transportation 
                purchased only for 1-way travel instead of round-trip 
                travel); or
                    ``(B) to assess an additional fee on or charge to--
                            ``(i) such a person; or
                            ``(ii) any ticket agent that sold the air 
                        transportation to such person.
            ``(3) Termination of ticket agents.--In the case of a 
        termination, cancellation, nonrenewal, or substantial change in 
        the competitive circumstances of the appointment of a ticket 
        agent by an air carrier or foreign air carrier, the failure of 
        the air carrier or foreign air carrier--
                    ``(A) to provide the ticket agent with written 
                notice, and a full statement of reasons for the action, 
                on or before the 90th day preceding the action; and
                    ``(B) to provide the ticket agent with at least 60 
                days to correct any deficiency claimed in the written 
                notice,
        except in cases of insolvency, an assignment for the benefit of 
        creditors, bankruptcy, or nonpayment of sums due under the 
        appointment.''.

SEC. 3. CLARIFICATION REGARDING ENFORCEMENT OF STATE LAWS.

    Section 41713(b)(1) of title 49, United States Code, is amended by 
striking ``related to a price, route, or service of an air carrier that 
may provide air transportation under this subpart'' and inserting 
``that directly prescribes a price, route, or level of service for air 
transportation provided by an air carrier under this subpart''.

SEC. 4. EMERGENCY MEDICAL ASSISTANCE; RIGHT OF EGRESS.

    (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. Airline passenger rights
    ``(a) Right to In-Flight Emergency Medical Care.--
            ``(1) In general.--The Secretary of Transportation shall 
        prescribe regulations to establish minimum standards for 
        resuscitation, emergency medical, and first-aid equipment and 
        supplies to be carried on board an aircraft operated by an air 
        carrier in air transportation that is capable of carrying at 
        least 30 passengers.
            ``(2) Considerations.--In prescribing regulations under 
        paragraph (1), the Secretary shall consider--
                    ``(A) the weight and size of the equipment 
                described in paragraph (1);
                    ``(B) the need for special training of air carrier 
                personnel to operate the equipment safely and 
                effectively;
                    ``(C) the space limitations of each type of 
                aircraft;
                    ``(D) the effect of the regulations on aircraft 
                operations;
                    ``(E) the practical experience of airlines in 
                carrying and operating similar equipment; and
                    ``(F) other relevant factors.
            ``(3) Consultation.--Before prescribing regulations under 
        paragraph (1), the Secretary shall consult with the Surgeon 
        General.
    ``(b) Right To Exit Aircraft.--No air carrier or foreign air 
carrier operating an aircraft in air transportation shall prevent or 
hinder (including by failing to assist) any passenger from exiting the 
aircraft (under the same circumstances as any member of the flight crew 
is permitted to exit the aircraft) if--
            ``(1) the aircraft is parked at an airport terminal gate 
        with access to ramp or other facilities through which 
        passengers are customarily boarded and deplaned;
            ``(2) the aircraft has remained at the gate more than 1 
        hour past its scheduled departure time; and
            ``(3) the captain of the aircraft has not been informed by 
        air traffic control authorities that the aircraft can be 
        cleared for departure within 15 minutes.''.
    (b) Conforming Amendment.--The analysis for subchapter I of chapter 
417 of title 49, United States Code, is amended by adding at the end 
the following:

``41717. Airline passenger rights.''.

SEC. 5. ENSURING CONSUMER ACCESS TO TRAVEL INFORMATION.

    (a) Establishment.--There is established a commission 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 products 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--
                    (A) to ensure full consumer access to complete 
                information concerning airline fares, routes, and other 
                services;
                    (B) to 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 marketplace;
                    (C) to ensure that distributors of the products and 
                services of the airline industry have adequate relief 
                from illegal, anticompetitive practices that occur in 
                the marketplace; and
                    (D) to foster healthy competition in the airline 
                industry and the entry of new entrants.
    (c) Specific Matters To Be Addressed.--In carrying 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 industry:
                    (A) The state of such access.
                    (B) The effect of such access over the next 5 years 
                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:
                    (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 multiple means of 
                distribution.
            (3) Airline reservation systems.--With respect to airline 
        reservation systems:
                    (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
                            (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.
            (4) Legal impediments to distributors seeking relief for 
        anticompetitive actions.--The policies of the United States 
        with respect to the legal impediments to distributors seeking 
        relief for anticompetitive actions, including--
                    (A) Federal preemption of civil actions against 
                airlines; and
                    (B) the role of the Department of Transportation in 
                enforcing rules against anticompetitive practices.
    (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 appointed pursuant to 
        paragraph (1) shall be appointed from 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 general 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, including 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 consultation with the 
        Speaker of the House of Representatives and the majority leader 
        of the Senate, shall designate the Chairperson of the 
        Commission from among its voting members.
    (e) Commission Panels.--The Chairperson shall establish such panels 
consisting of voting members of the Commission as the Chairperson 
determines appropriate to carry out the functions of the Commission.
    (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 Commission 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 Secretary 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 
Commission 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 Commission.
    (j) Report.--Not later than 1 year after the date on which initial 
appointments of members to the Commission are completed, the Commission 
shall transmit to the President and Congress a report on the activities 
of the Commission, including recommendations made by the Commission 
under subsection (b)(2).
    (k) Termination.--The Commission shall terminate on the 30th day 
following the date of transmittal of the report under subsection (l). 
All records and papers of the Commission shall thereupon be delivered 
by the Administrator of General Services for deposit in the National 
Archives.
    (l) Applicability of the Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
Commission.
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