[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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