I
107TH CONGRESS
1ST SESSION
H. R. 384
To establish a national policy of basic consumer fair treatment for airline
passengers.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 31, 2001
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 ‘‘Airline Passenger Fair
Treatment Act of 2001’’.
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:
‘‘(c) 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 con-
stituting just causes 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:
‘‘§ 41722. 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.’’.
(b) CONFORMING AMENDMENT.—The analysis for
chapter 417 of such title is amended by adding at the end
the following:
‘‘41722. Airline passenger rights.’’.
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