[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7926 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 7926

To amend title 49, United States Code, with respect to requirements for 
  air carriers to disclose certain exposures to toxic fumes, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 10, 2024

Mr. Espaillat introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To amend title 49, United States Code, with respect to requirements for 
  air carriers to disclose certain exposures to toxic fumes, 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 ``Airline Travelers Right to Know 
Act''.

SEC. 2. AIRLINE TOXIC FUME DISCLOSURE.

    (a) In General.--Subpart III of part A of subtitle VII of title 49, 
United States Code, is amended by adding at the end the following:

                  ``CHAPTER 455--TOXIC FUME DISCLOSURE

``Sec. 45401. Definition of Administrator.
``Sec. 45402. Toxic fume disclosure.
``Sec. 45403. Passenger notification prior to ticket purchase and 
                            check-in.
``Sec. 45404. Immediate notification of toxic fume events aboard 
                            aircraft.
``Sec. 45405. Crew notification of toxic fume events.

``SEC. 45401. DEFINITION OF ADMINISTRATOR.

    ``In this chapter, the term `Administrator' means the Administrator 
of the Federal Aviation Administration.

``SEC. 45402. TOXIC FUME DISCLOSURE.

    ``(a) In General.--Not later than 180 days after the date of 
enactment of this section, the Administrator shall implement and 
enforce a right to know of potential toxic fume exposure policy to 
inform air carrier passengers, pilots, and cabin crew employees of the 
potential exposure to toxic fumes that cause permanent health or brain 
damage that such passengers, pilots, or employees may encounter onboard 
passenger-carrying aircraft operating under part 121 of title 14, Code 
of Federal Regulations.
    ``(b) Requirements.--The right to know of potential toxic fume 
exposure policy under subsection (a) shall--
            ``(1) be made available in all pilot and crew member 
        contracts;
            ``(2) be made available to all air carrier passengers 
        immediately after purchasing a ticket for transportation by 
        such air carrier or a third party ticket booking entity;
            ``(3) include details on the potential for acute or chronic 
        impairment relating to such fumes to an individual;
            ``(4) include details on chemicals known to cause cancer, 
        birth defects, and other reproductive harm that may be present 
        in jet engine exhaust, fumes from jet fuel, and exhaust from 
        equipment used to service airplanes, while making clear that 
        sometimes such chemicals enter the jet bridge and are present 
        throughout the duration of the flight;
            ``(5) provide information on safety management systems in 
        place that could protect individuals from such exposure;
            ``(6) provide information on safety management systems to 
        use if exposed to toxic fumes such as oxygen therapy; and
            ``(7) provide that passengers of air carriers and air 
        carrier crew members have a right to use cabin oxygen masks in 
        response to a toxic fume event.
    ``(c) Civil Penalty.--The Administrator shall impose a civil 
penalty under section 46301 for each violation of the disclosure 
required pursuant to subsection (a).

``SEC. 45403. PASSENGER NOTIFICATION PRIOR TO TICKET PURCHASE AND 
              CHECK-IN.

    ``Beginning on the date of enactment of this section, operators of 
passenger-carrying aircraft operating under part 121 of title 14, Code 
of Federal Regulations, shall require passengers to indicate an 
understanding of potential toxic fume exposure onboard such aircraft in 
ticket purchase process.

``SEC. 45404. IMMEDIATE NOTIFICATION OF TOXIC FUME EVENTS ABOARD 
              AIRCRAFT.

    ``Beginning on the date of enactment of this section, the 
Administrator shall notify all affected customers, flight attendants, 
pilots, and aircraft maintenance technicians of any exposure to toxic 
fumes aboard aircraft as soon as an air carrier confirms to the 
Administrator toxic fumes were detected onboard such aircraft.

``SEC. 45405. CREW NOTIFICATION OF TOXIC FUME EVENTS.

    ``(a) In General.--Operators of passenger-carrying aircraft under 
part 121 of title 14, Code of Federal Regulations, shall inform all 
crewmembers of such aircraft of the most recent toxic fume exposure on 
such aircraft, whether the issue that led to the exposure has been 
resolved, and if any crewmembers have requested treatment for such 
exposure.
    ``(b) Right To Decline Assignment.--Operators under subsection (a) 
shall provide crewmembers with an option to decline an assignment 
onboard an aircraft covered under subsection (a) if the issue that led 
to an exposure reported under such subsection has not been resolved, 
without penalizing such crewmember.

``SEC. 45406. CIVIL PENALTY FOR FALSE STATEMENT, MISREPRESENTATION, 
              IMPARTING, OR CONVEYING FALSE INFORMATION.

    ``(a) In General.--The Administrator shall impose a civil penalty 
under section 46301 for each specified violation.
    ``(b) Specified Violation.--In this section, the term `specified 
violation' means any false statement, misrepresentation, impart, or 
conveyance of false information by an operator of an aircraft under 
section 45404 or 45405 demonstrated by a confirmed illness of a 
customer or employee of a flight provided by such operator.

``SEC. 45407. PENALTY FOR MISSING REPORTS.

    ``If an operator of passenger-carrying aircraft under part 121 of 
title 14, Code of Federal Regulations, that is required to report 
information under this chapter is missing any such report on inspection 
by the Secretary of Transportation, the operator shall be liable to the 
United States Government for a civil penalty of $100,000.''.
    (b) Clerical Amendment.--The analysis for subtitle VII of title 49, 
United States Code, is amended by inserting after the item relating to 
chapter 453 the following:

                    ``455. Toxic Fume Disclosure''.

    (c) Regulation.--The Administrator of the Federal Aviation 
administration shall issue such regulations as are necessary to amend 
section 13.18 of title 14, Code of Federal Regulations, to include 
violations under section 45402 of title 49, United States Code, under 
the procedures for civil penalties under such section 13.18.
    (d) Toxic Fume Sensors.--Not later than 15 days after the date of 
enactment of this Act, the Secretary of Transportation shall issue such 
regulations as are necessary to--
            (1) require operators of passenger-carrying aircraft under 
        part 121 of title 14, Code of Federal Regulations, to install 
        sensors that detect toxic fumes onboard such aircraft; and
            (2) amend section 13.18 of title 14, Code of Federal 
        Regulations, to include violations of the regulations issued 
        under paragraph (1) under the procedures for civil penalties 
        under such section 13.18.
    (e) Oxygen for Crewmembers.--Not later than 15 days after the date 
of enactment of this Act, the Secretary of Transportation shall issue 
such regulations as are necessary to require operators of passenger-
carrying aircraft under part 121 of title 14, Code of Federal 
Regulations, to procure and make available to all crewmembers on such 
aircraft mobile oxygen masks for crewmembers assisting passengers with 
oxygen masks in the case of a toxic fume event.
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