[Congressional Record Volume 147, Number 11 (Monday, January 29, 2001)]
[Senate]
[Pages S650-S652]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID:
  S. 200. A bill to establish a national policy of basic consumer fair 
treatment for airline passengers, and for other purposes; to the 
Committee on Commerce, Science, and Transportation.
  Mr. REID. Mr. President, this past holiday season saw a record number 
of Americans travel by air. Unfortunately, it also saw increases in 
some common problems associated with air travel--delayed and cancelled 
flights, customer confusion, and occurrences of ``air rage.''
  The number of delayed, cancelled and diverted flights has been 
increasing steadily over the past few years, reaching record highs last 
year. Last week, the Department of Transportation released a management 
report indicating that, from 1995 to 1999, the number of flight delays 
rose 58 percent and cancelled flights grew by 68 percent. In just one 
year, 1999, passenger complaints grew by 16 percent. During the

[[Page S651]]

first nine months of 2000, one of every four flights was cancelled, 
delayed or diverted, affecting more than 119 million passengers. The 
average delay was 50 minutes.
  Disturbingly, the report also indicated an increase in the number of 
near-misses and runway safety errors that could have led to collisions 
between aircraft both in the air and on the ground.
  And amid these problems, the number of choices available to customers 
keeps decreasing. Within the past few months, National Airlines 
terminated much of its service, United Airlines announced a merger with 
USAir, and American Airlines announced its acquisition of TWA. If 
approved, these mergers would allow only three airlines to dominate the 
commercial airline industry.
  More than a year ago, the airlines announced voluntary pledges to 
improve their customer service and reduce delays, and asked for time to 
carry out their promises. But it's obvious that those voluntary 
promises have not worked. In addition to the increase in delays and 
customer complaints, a preliminary report by the Inspector General 
released last summer revealed a number of unfair and deceptive 
practices by the industry, including providing false or inaccurate 
information to passengers about the reasons for delays.
  Transportation Secretary Norman Mineta, recently confirmed by the 
Senate, warned a few days ago that flight delays this coming summer 
will likely be as bad or worse than they have been the past two years.
  It's time for Congress to take action.
  Last year, I introduced S. 2891, the Air Travelers' Fair Treatment 
Act of 2000, which was aimed at addressing some of the most pressing 
problems associated with air travel. Today, I am re-introducing a 
modified version of that bill, which is titled the ``Air Travelers' 
Fair Treatment Act of 2001.''

  The new bill includes six main provisions:
  (1) Flight delays: Air carriers would be required to provide 
travelers with accurate and timely explanations of the reasons for a 
flight cancellation, delay or diversion from a ticketed itinerary. The 
failure to do so would be classified as an unfair practice that would 
subject the airline to civil penalties.
  (2) Right to exit aircraft: Where a plan has remained at the gate for 
more than 1 hour past its scheduled departure time and the captain has 
not been informed that the aircraft can be cleared for departure within 
15 minutes, passengers would have the right to exit the plane into the 
terminal to make alternative travel plans, or simply to stretch their 
legs, get something to eat, etc. I believe this provision will help 
prevent ``air rage'' incidents when passengers are forced to sit in 
parked planes for long periods of time.
  (3) Right to in-flight medical care: Currently, each airline has its 
own policy regarding what kind of medical and first-aid equipment and 
training is provided on their flights, so that the available equipment 
and medical training varies widely between carriers. This bill would 
direct the Secretary of Transportation to issue uniform minimum 
regulations for all carriers regarding the type of medical equipment 
each flight must carry and the kind of medical training each flight 
crew should receive.
  (4) Access to State laws: The Federal Courts have split on whether 
the Airline Deregulation Act of 1978 pre-empts state consumer 
protection and personal injury laws as applied to airlines. The Ninth 
Circuit Court of Appeals has held that passengers may sue airlines in 
state court for violations of state fraud and consumer protection laws; 
in contrast, the Fourth Circuit has held that airlines are immune from 
state law. The bill would clarify that the 1978 Act does not preempt 
state tort and consumer protection laws, allowing passengers full 
access to their consumer rights in whatever state they are in.
  (5) Termination of ticket agents: Travel agencies provide a valuable 
service to customers looking for the best prices. Yet airlines have 
enormous leverage over what kind of information they can and cannot 
provide to customers, because they can withdraw their accounts without 
notice from any travel agency for any reason--even if the only reason 
is that the travel agency is giving the customer the best rates. The 
bill requires carriers to provide written 90-day advance statement of 
reasons before canceling a travel agency's account with the airline, 
and to give them 60 days to correct the identified deficiencies.
  (6) Safety records: Right now, many airlines are reluctant to release 
information to the public relating to their safety records, including 
their accident record and certification compliance records. But I 
believe that passengers should have the right to know whether the 
airline they are flying has complied with government safety standards, 
whether it has been fined or penalized for safety violations, and how 
many accidents or safety violations the airlines has been involved in. 
This bill will include a new provision requiring the Secretary of 
Transportation to develop regulations under which the safety, 
inspection, certification compliance and accident records of the 
airlines will be made available to any customer upon request.
  Mr. President, air travel has become a staple of modern society. All 
of us in this body rely on it frequently to return to our home states. 
But by almost every measure, the quality and reliability of air travel 
continues to decline. I think it's past time that Congress stepped in 
and forced the airlines to do what they have been unwilling to do so 
far on their own--to clean up their act. I ask my colleagues to join 
me.
  I ask unanimous consent that the text of the Air Travelers Fair 
Treatment Act of 2001, be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 200

       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

[[Page S652]]

       ``(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.
       ``(A) travel agencies and consultants for distribution to 
     persons served by those agencies and consultants; and
       ``(B) any other 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.
                                 ______