[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 200 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 200

  To establish a national policy of basic consumer fair treatment for 
              airline passengers, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 29, 2001

   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, 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.

    This Act may be cited as the ``Air Travelers Fair Treatment Act of 
2001''.

SEC. 2. FAIR TREATMENT OF AIRLINE PASSENGERS.

    Section 41712 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(c) Specific Practices.--For purposes of subsection (a), the term 
`unfair or deceptive practice' includes 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) 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. 41722. 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 of the Public Health Service.
    ``(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 chapter 417 of title 
49, United States Code, is amended by adding at the end the following:

``41722. Airline passenger rights.''.

SEC. 5. CONSUMER ACCESS TO INFORMATION.

    (a) Requirement for Program.--
            (1) In general.--Chapter 447 of title 49, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 44727. Air traveler safety program
    ``(a) In General.--
            ``(1) Written information.--The Secretary of Transportation 
        (in this section referred to as the `Secretary') shall require 
        in regulations, for a period determined by the Secretary, that 
        each air carrier that provides interstate air transportation or 
        foreign air transportation to provide written information upon 
        request, to passengers that purchase passage for interstate or 
        foreign air transportation concerning the following:
                    ``(A) Safety inspection reviews conducted by the 
                Administrator of the Federal Aviation Administration 
                (in this section referred to as the `Administrator') on 
                the aircraft of that air carrier.
                    ``(B) The safety ranking of that air carrier, as 
                determined by the Administrator in accordance with 
                applicable law.
                    ``(C) The compliance of the members of the crew of 
                the aircraft with any applicable certification 
                requirements under this subtitle.
            ``(2) Guidelines.--The regulations issued by the Secretary 
        under this subsection shall provide guidelines for air carriers 
        relating to the provision of the information referred to in 
        paragraph (1).
            ``(3) Request for information.--An air carrier shall be 
        required to provide to a passenger, on request, any information 
        concerning the safety of aircraft and the competency of persons 
        issued a certificate under this subtitle for the operation of 
        the aircraft that the Secretary, to the extent allowable by 
        law, determines to be appropriate.
    ``(b) Submission of Performance Review.--
            ``(1) In general.--Not later than December 31 of each year, 
        the Secretary shall submit a report to Congress regarding the 
        safety of air carriers that provide interstate or foreign air 
        transportation. The report shall include with respect to the 
        year in which the report is filed--
                    ``(A) the number of accidents and a description of 
                such accidents of air carriers attributable to each air 
                carrier that provides interstate or foreign air 
                transportation; and
                    ``(B) the names of makers of aircraft that have 
                been involved in an accident.
            ``(2) Availability of information.--The Secretary shall 
        make the annual report under paragraph (1) available to any 
        person or entity upon request.
    ``(c) Victims' Rights Program.--
            ``(1) In general.--The National Transportation Safety Board 
        shall establish and administer a program for victims and 
        survivors of aircraft accidents in air commerce. Under that 
        program, the National Transportation Safety Board shall ensure 
        that such victims and survivors of an accident receive, to the 
        extent allowable by law, immediate and unrestricted access to 
        information on the accident that is made available from--
                    ``(A) the air carrier involved in an accident in 
                air commerce;
                    ``(B) the Federal Government; and
                    ``(C) State governments and political subdivisions 
                thereof.
            ``(2) Classified information.--Nothing in paragraph (1) may 
        be construed to authorize a release of information that is 
        specifically authorized under criteria established by an 
        Executive order to be kept secret in the interest of national 
        defense or foreign policy.
    ``(d) Coordination of Victim Assistance.--
            ``(1) In general.--The National Transportation Safety 
        Board, in cooperation with officials of appropriate Federal 
        agencies and the American Red Cross, shall establish a program 
        to ensure the coordination of the disclosure of information 
        under subsection (c) and assistance provided to victims of an 
        accident in air commerce.
            ``(2) Establishment of toll-free telephone line.--
                    ``(A) In general.--The National Transportation 
                Safety Board, in cooperation with officials of the 
                appropriate Federal agencies and the American Red 
                Cross, shall establish a toll-free telephone line to 
                facilitate the provision of information under paragraph 
                (3).
                    ``(B) Action by the national transportation safety 
                board.--The National Transportation Safety Board shall 
                take such action as may be necessary to ensure--
                            ``(i) the publication of the telephone 
                        number of the telephone line established under 
                        subparagraph (A) in newspapers of general 
                        circulation; and
                            ``(ii) the provision of such number on 
                        national television news programs.
            ``(3) Information provided by telephone line.--The 
        telephone line established under paragraph (2) shall provide 
        the following information concerning an accident in air 
        commerce:
                    ``(A) The identifier name and number of the 
                aircraft involved in the accident.
                    ``(B) The names of known victims of the accident.
                    ``(C) The status of the investigation of the 
                accident.
                    ``(D) A list of appropriate Federal agencies and 
                contacts.
                    ``(E) The facilities at which victims of the 
                accident may be identified.
    ``(e) Civil Penalties.--
            ``(1) In general.--Any air carrier that fails to provide 
        information in accordance with this section shall be liable for 
        a civil penalty in an amount not to exceed $100,000 per 
        violation.
            ``(2) Travel agencies and other persons not covered.--
        Paragraph (1) shall not apply to a travel agency or other 
        person that does not provide interstate or foreign air 
        transportation.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this 
section.''.
            (2) Conforming amendment.--The analysis for chapter 447 of 
        title 49, United States Code, is amended by adding at the end 
        the following new item:

``44727. Air traveler safety program.''.
    (b) Time for Regulations.--The Secretary of Transportation shall 
issue the regulations required by subsection (a) of section 44727 of 
title 49, United States Code (as added by subsection (a)), not later 
than 90 days after the date of enactment of this Act.
    (c) Submittal of First Annual Report.--The Secretary of 
Transportation shall submit the first annual report to Congress under 
subsection (b) of such section 44727 not later than December 31, 2001.
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