I
107TH CONGRESS
1ST SESSION
H. R. 332
To amend title 49, United States Code, to improve consumers’ access to
airline industry information, to promote competition in the aviation in-
dustry, to protect airline passenger rights, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 31, 2001
Mr. DEFAZIO (for himself and Ms. SLAUGHTER) introduced the following bill;
which was referred to the Committee on Transportation and Infrastructure
A BILL
To amend title 49, United States Code, to improve con-
sumers’ access to airline industry information, to pro-
mote competition in the aviation industry, to protect
airline passenger rights, and for other purposes.
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 ‘‘Aviation Consumer
Right To Know Act of 2001’’.
SEC. 2. AIR CARRIER PASSENGER PROTECTION.
(a) IN GENERAL.—Subchapter I of chapter 417 of
title 49, United States Code, is amended by adding at the
end the following:
‘‘§ 41722. Air carrier passenger protection
‘‘(a) ACCESS TO AIRFARE INFORMATION.—Upon re-
quest of any person (including a governmental entity), an
air carrier shall—
‘‘(1) provide the person full access to all fares
for air transportation provided by the air carrier, re-
gardless of the technology the person uses to access
the fares; and
‘‘(2) permit the person to purchase air trans-
portation provided by the air carrier at any pub-
lished fare.
‘‘(b) DELAY, CANCELLATION, OR DIVERSION.—
‘‘(1) EXPLANATION REQUIRED.—An announce-
ment by an air carrier of (A) a delay or cancellation
of a flight, (B) a diversion of a flight to an airport
other than the airport at which the flight is sched-
uled to land, or (C) a delay in deplaning following
the touchdown of an aircraft at an airport shall in-
clude an explanation of the reason or reasons for the
delay, cancellation, or diversion and, in the case of
a delay, the expected length of the delay.
‘‘(2) PROHIBITION ON FALSE OR MISLEADING
EXPLANATIONS.—No air carrier shall provide an ex-
planation under paragraph (1) that the air carrier
knows or has reason to know is false or misleading.
‘‘(c) AIR CARRIER PRICING POLICIES.—An air car-
rier may not—
‘‘(1) prohibit a person (including a govern-
mental entity) that purchases air transportation
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); and
‘‘(2) assess an additional fee on or charge to—
‘‘(A) such a person; or
‘‘(B) any ticket agent that sold the air
transportation to such person.
‘‘(d) FREQUENT FLYER AWARDS.—Upon request of
any person (including a governmental entity), an air car-
rier shall disclose the number or percentage of seats that
the carrier intends to make available on a specific date
for use by a person redeeming an award under a frequent
flyer program of the carrier on any route in air transpor-
tation provided by the carrier.
‘‘(e) USE OF INSECTICIDES.—No air carrier, foreign
air carrier, or ticket agent may sell air transportation in
the United States for a flight on which an insecticide is
planned to be used in the aircraft while passengers are
on board the aircraft unless the air carrier, foreign air
carrier, or ticket agent selling the air transportation first
informs the person purchasing the air transportation of
the planned use of the insecticide, including the name of
the insecticide.’’.
(b) CONFORMING AMENDMENT.—The analysis for
such subchapter is amended by adding at the end the fol-
lowing:
‘‘41722. Air carrier passenger protection.’’.
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’’.
Æ