I

106TH CONGRESS

1ST SESSION H. R. 908

To improve consumers’ access to airline industry information, to promote

competition in the aviation industry, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 2, 1999

Mr. DEFAZIO (for himself, Mr. LIPINSKI, and Ms. SLAUGHTER) introduced

the following bill; which was referred to the Committee on Transportation

and Infrastructure

A BILL

To improve consumers’ access to airline industry information,

to promote competition in the aviation industry, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Aviation Consumer

5 Right To Know Act of 1999’’.

6 SEC. 2. AIRLINE PASSENGER PROTECTION.

7 (a) IN GENERAL.—Subchapter I of chapter 417 of

8 title 49, United States Code, is amended by adding at the

9 end the following:
2

•HR 908 IH

1 ‘‘§ 41716. Air carrier passenger protection

2 ‘‘(a) CODE SHARING.—No air carrier, foreign air car3 rier, or ticket agent may sell air transportation in the

4 United States for a flight that bears a designator code

5 of a carrier other than the carrier that will provide the

6 air transportation unless the air carrier, foreign air car7 rier, or ticket agent selling the air transportation first in8 forms the person purchasing the air transportation that

9 the carrier providing the air transportation will be a car10 rier other than the carrier whose designator code is used

11 to identify the flight and informs the person of the cor12 porate name of the other carrier.

13 ‘‘(b) FREQUENT FLYER AWARDS.—Upon request of

14 any person (including a governmental entity), an air car15 rier shall disclose the number or percentage of seats that

16 the carrier intends to make available on a specific date

17 for use by a person redeeming an award under a frequent

18 flyer program of the carrier on any route in air transpor19 tation provided by the carrier.

20 ‘‘(c) ACCESS TO AIRFARE INFORMATION.—Upon re21 quest of any person (including a governmental entity), an

22 air carrier shall—

23 ‘‘(1) provide the person full access to all fares

24 for air transportation provided by the air carrier, re25 gardless of the technology the person uses to access

26 the fares; and
3

•HR 908 IH

1 ‘‘(2) permit the person to purchase air trans2 portation provided by the air carrier at any pub3 lished fare.

4 ‘‘(d) AIR CARRIER PRICING POLICIES.—An air car5 rier may not—

6 ‘‘(1) prohibit a person (including a govern7 mental entity) that purchases air transportation

8 from only using a portion of the air transportation

9 purchased (including using the air transportation

10 purchased only for 1-way travel instead of round-trip

11 travel); and

12 ‘‘(2) assess an additional fee on or charge to—

13 ‘‘(A) such a person; or

14 ‘‘(B) any ticket agent that sold the air

15 transportation to such person.

16 ‘‘(e) DELAY, CANCELLATION, OR DIVERSION.—

17 ‘‘(1) EXPLANATION REQUIRED.—An announce18 ment by an air carrier of (A) a delay or cancellation

19 of a flight, (B) a diversion of a flight to an airport

20 other than the airport at which the flight is sched21 uled to land, or (C) a delay in deplaning following

22 the touchdown of an aircraft at an airport shall in23 clude an explanation of the reason or reasons for the

24 delay, cancellation, or diversion and, in the case of

25 a delay, the expected length of the delay.
4

•HR 908 IH

1 ‘‘(2) PROHIBITION ON FALSE OR MISLEADING

2 EXPLANATIONS.—No air carrier shall provide an ex3 planation under paragraph (1) that the air carrier

4 knows or has reason to know is false or misleading.

5 ‘‘(f) USE OF INSECTICIDES.—No air carrier, foreign

6 air carrier, or ticket agent may sell air transportation in

7 the United States for a flight on which an insecticide is

8 planned to be used in the aircraft while passengers are

9 on board the aircraft unless the air carrier, foreign air

10 carrier, or ticket agent selling the air transportation first

11 informs the person purchasing the air transportation of

12 the planned use of the insecticide, including the name of

13 the insecticide.’’.

14 (b) CONFORMING AMENDMENT.—The table of sec15 tions for such title is amended by inserting after the item

16 relating to section 41715 the following:

‘‘41716. Air carrier passenger protection.’’.

Æ