I
106TH CONGRESS
1ST SESSION
H. R. 2200
To establish a national policy of basic consumer fair treatment for airline
passengers.
IN THE HOUSE OF REPRESENTATIVES
JUNE 14, 1999
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Omnibus Airline Pas-
senger Fair Treatment Act of 1999’’.
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:
‘‘(b) SPECIFIC PRACTICES.—For purposes of sub-
section (a), the terms ‘unfair or deceptive practice’ and
‘unfair method of competition’ include each of the fol-
lowing:
‘‘(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 gov-
ernmental entity) that purchases air transpor-
tation 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 cir-
cumstances 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 writ-
ten 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 pro-
vided 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 fol-
lowing:
‘‘§ 41717. Airline passenger rights
‘‘(a) RIGHT TO IN-FLIGHT EMERGENCY MEDICAL
CARE.—
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation 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 safe-
ly and effectively;
‘‘(C) the space limitations of each type of
aircraft;
‘‘(D) the effect of the regulations on air-
craft operations;
‘‘(E) the practical experience of airlines in
carrying and operating similar equipment; and
‘‘(F) other relevant factors.
‘‘(3) CONSULTATION.—Before issuing regula-
tions under paragraph (1), the Secretary shall con-
sult with the Surgeon General.
‘‘(b) RIGHT TO EXIT AIRCRAFT.—No air carrier or
foreign air carrier operating an aircraft in air transpor-
tation shall prevent or hinder (including by failing to as-
sist) 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 ter-
minal 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 in-
formed by air traffic control authorities that the air-
craft can be cleared for departure within 15 min-
utes.’’.
SEC. 5. ENSURING CONSUMER ACCESS TO TRAVEL INFOR-
MATION.
(a) FINDINGS.—Congress finds the following:
(1) The continued success of a deregulated air-
line system requires that consumers have full access
to complete information concerning airline fares,
routes, and other services.
(2) The means of distributing information
about the products and services of the airline indus-
try are changing; during the past four years, airlines
have begun selling a larger percentage of their prod-
ucts and services directly to consumers, and Internet
businesses are now offering services that allow con-
sumers to compare prices for these products and
services.
(3) Airline policies with respect to travel agen-
cies, who historically have sold a majority of the air-
line industry’s products and services, threaten the
ability of consumers to gather the information nec-
essary to evaluate market prices, routes, and serv-
ices.
(4) Further reductions in the number of travel
agents and greater marketplace reliance on direct
airline sales may result in a marketplace in which
consumers lack sufficient information and are there-
by forced to pay higher prices.
(b) ESTABLISHMENT.—There is established a com-
mission to be known as the ‘‘National Commission to En-
sure Consumer Information and Choice in the Airline In-
dustry’’ (hereinafter in this section referred to as the
‘‘Commission’’).
(c) DUTIES.—
(1) STUDY.—The Commission shall undertake a
study of—
(A) consumer access to information about
the products and services of the airline indus-
try;
(B) the effect on the marketplace of the
emergence of new means of distributing such
products and services;
(C) the effect on consumers of the declin-
ing financial condition of travel agents in the
United States; and
(D) the impediments imposed by the air-
line industry on distributors of the industry’s
products and services, including travel agents
and Internet-based distributors.
(2) POLICY RECOMMENDATIONS.—Based on the
results of the study described in paragraph (1), the
Commission shall recommend to the President and
Congress policies necessary—
(A) to ensure full consumer access to com-
plete information concerning airline fares,
routes, and other services;
(B) to ensure that the means of distrib-
uting the products and services of the airline in-
dustry, and of disseminating information about
such products and services, is adequate to en-
sure that competitive information is available in
the marketplace;
(C) to ensure that distributors of the prod-
ucts and services of the airline industry have
adequate relief from illegal, anticompetitive
practices that occur in the marketplace; and
(D) to foster healthy competition in the
airline industry and the entry of new entrants.
(d) SPECIFIC MATTERS TO BE ADDRESSED.—In car-
rying out the study authorized under subsection (c)(1), the
Commission shall specifically address the following:
(1) CONSUMER
ACCESS
TO
INFORMATION.—
With respect to consumer access to information re-
garding the services and products offered by the air-
line industry:
(A) The state of such access.
(B) The effect in the next 5 years of the
making of alliances in the airline industry.
(C) Whether and to what degree the trends
regarding such access will produce benefits to
consumers.
(2) MEANS OF DISTRIBUTION.—With respect to
the means of distributing the products and services
of the airline industry:
(A) The state of such means of distribu-
tion.
(B) The roles played by travel agencies
and Internet-based providers of travel informa-
tion and services in distributing such products
and services.
(C) Whether the policies of the United
States promote the access of consumers to mul-
tiple means of distribution.
(3) AIRLINE RESERVATION SYSTEMS.—With re-
spect to airline reservation systems:
(A) The rules, regulations, policies, and
practices of the industry governing such sys-
tems.
(B) How trends in such systems will affect
consumers, including—
(i) the effect on consumer access to
flight reservation information; and
(ii) the effect on consumers of the use
by the airline industry of penalties and
promotions to convince distributors to use
such systems, and the degree of consumer
awareness of such penalties and pro-
motions.
(4) LEGAL
IMPEDIMENTS
TO
DISTRIBUTORS
SEEKING RELIEF FOR ANTICOMPETITIVE ACTIONS.—
The policies of the United States with respect to the
legal impediments to distributors seeking relief for
anticompetitive actions, including—
(A) Federal preemption of civil actions
against airlines; and
(B) the role of the Department of Trans-
portation in enforcing rules against anti-
competitive practices.
(e) MEMBERSHIP.—
(1) APPOINTMENT.—The Commission shall be
composed of 15 voting members and 11 nonvoting
members as follows:
(A) 5 voting members and 1 nonvoting
member appointed by the President.
(B) 3 voting members and 3 nonvoting
members appointed by the Speaker of the
House of Representatives.
(C) 2 voting members and 2 nonvoting
members appointed by the minority leader of
the House of Representatives.
(D) 3 voting members and 3 nonvoting
members appointed by the majority leader of
the Senate.
(E) 2 voting members and 2 nonvoting
members appointed by the minority leader of
the Senate
(2) QUALIFICATIONS.—Voting members ap-
pointed pursuant to paragraph (1) shall be ap-
pointed from among individuals who are experts in
economics, service product distribution, or transpor-
tation, or any related discipline, and who can rep-
resent 
consumers, 
passengers, 
shippers, 
travel
agents, airlines, or general aviation.
(3) TERMS.—Members shall be appointed for
the life of the Commission.
(4) VACANCIES.—A vacancy in the Commission
shall be filled in the manner in which the original
appointment was made.
(5) TRAVEL EXPENSES.—Members shall serve
without pay but shall receive travel expenses, includ-
ing per diem in lieu of subsistence, in accordance
with subchapter I of chapter 57 of title 5, United
States Code.
(6) CHAIRMAN.—The President, in consultation
with the Speaker of the House of Representatives
and the majority leader of the Senate, shall des-
ignate the Chairman of the Commission from among
its voting members.
(f) COMMISSION PANELS.—The Chairman shall es-
tablish such panels consisting of voting members of the
Commission as the Chairman determines appropriate to
carry out the functions of the Commission.
(g) STAFF.—The Commission may appoint and fix
the pay of such personnel as it considers appropriate.
(h) STAFF OF FEDERAL AGENCIES.—Upon request
of the Commission, the head of any department or agency
of the United States may detail, on a reimbursable basis,
any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties under
this section.
(i) OTHER STAFF AND SUPPORT.—Upon the request
of the Commission, or a panel of the Commission, the Sec-
retary of Transportation shall provide the Commission or
panel with professional and administrative staff and other
support, on a reimbursable basis, to assist the Commission
or panel in carrying out its responsibilities.
(j) OBTAINING OFFICIAL DATA.—The Commission
may secure directly from any department or agency of the
United States information (other than information re-
quired by any statute of the United States to be kept con-
fidential by such department or agency) necessary for the
Commission to carry out its duties under this section.
Upon request of the Commission, the head of that depart-
ment or agency shall furnish such nonconfidential infor-
mation to the Commission.
(k) REPORT.—Not later than 1 year after the date
on which initial appointments of members to the Commis-
sion are completed, the Commission shall transmit to the
President and Congress a report on the activities of the
Commission, including recommendations made by the
Commission under subsection (c)(2).
(l) TERMINATION.—The Commission shall terminate
on the 30th day following the date of transmittal of the
report under subsection (k). All records and papers of the
Commission shall thereupon be delivered by the Adminis-
trator of General Services for deposit in the National Ar-
chives.
(m) APPLICABILITY
OF
THE FEDERAL ADVISORY
COMMITTEE ACT.—The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Commission.
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