[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 384 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 384
To establish a national policy of basic consumer fair treatment for
airline passengers.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 31, 2001
Mr. Sweeney introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
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 ``Airline Passenger Fair Treatment Act
of 2001''.
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 thereof the following:
``(c) Specific Practices.--For purposes of subsection (a), the
terms `unfair or deceptive practice' and `unfair method of competition'
include each of the following:
``(1) Access to fares.--The failure of an air carrier or
foreign air carrier to provide a consumer full access to all
fares for air transportation provided by the air carrier or
foreign air carrier, regardless of the technology or other
method the consumer uses to access the fares.
``(2) 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.
``(3) 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.
``(4) 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 constituting
just causes 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.--Chapter 417 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 41722. Airline passenger rights
``(a) Right to In-Flight Emergency Medical Care.--
``(1) In general.--The Secretary of Transportation shall
issue 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 issuing 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 issuing 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;
``(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 chapter 417 of such
title is amended by adding at the end the following:
``41722. Airline passenger rights.''.
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