article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Omnibus Airline Passenger 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 subsection (a), the terms `unfair or deceptive practice' and `unfair method of competition' include each of the following: ``(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 governmental 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); 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 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.--Chapter 417 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 41717. Airline passenger rights ``(a) Right to In-Flight Emergency Medical Care.-- ``(1) In general.--The Secretary of Transportation 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 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 ``(F) other relevant factors. ``(3) Consultation.--Before issuing regulations under paragraph (1), the Secretary shall consult with the Surgeon General. ``(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; ``(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.''. SEC. 5. ENSURING CONSUMER ACCESS TO TRAVEL INFORMATION. (a) Findings.--Congress finds the following: (1) The continued success of a deregulated airline 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 industry are changing; during the past four years, airlines have begun selling a larger percentage of their products and services directly to consumers, and Internet businesses are now offering services that allow consumers to compare prices for these products and services. (3) Airline policies with respect to travel agencies, who historically have sold a majority of the airline industry's products and services, threaten the ability of consumers to gather the information necessary to evaluate market prices, routes, and services. (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 thereby forced to pay higher prices. (b) Establishment.--There is established a commission to be known as the ``National Commission to Ensure Consumer Information and Choice in the Airline Industry'' (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 industry; (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 declining financial condition of travel agents in the United States; and (D) the impediments imposed by the airline 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 complete information concerning airline fares, routes, and other services; (B) to ensure that the means of distributing the products and services of the airline industry, and of disseminating information about such products and services, is adequate to ensure that competitive information is available in the marketplace; (C) to ensure that distributors of the products 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 carrying 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 regarding the services and products offered by the airline 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 distribution. (B) The roles played by travel agencies and Internet-based providers of travel information and services in distributing such products and services. (C) Whether the policies of the United States promote the access of consumers to multiple means of distribution. (3) Airline reservation systems.--With respect to airline reservation systems: (A) The rules, regulations, policies, and practices of the industry governing such systems. (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 promotions. (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 Transportation in enforcing rules against anticompetitive 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 appointed pursuant to paragraph (1) shall be appointed from among individuals who are experts in economics, service product distribution, or transportation, or any related discipline, and who can represent 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, including 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 designate the Chairman of the Commission from among its voting members. (f) Commission Panels.--The Chairman shall establish 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 Secretary 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 required by any statute of the United States to be kept confidential 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 department or agency shall furnish such nonconfidential information to the Commission. (k) Report.--Not later than 1 year after the date on which initial appointments of members to the Commission 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 Administrator of General Services for deposit in the National Archives. (m) Applicability of the Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.
summary: (Sec. 2) Prohibits an air carrier or foreign air carrier, in the case of a termination, cancellation, nonrenewal, or substantial change in the competitive circumstances of a ticket agent's appointment, from failing to provide the ticket agent with: (1) written notice, and a full statement of reasons for the action, on or before the 90th day preceding the action; and (2) at least 60 days to correct any deficiency claimed in such notice. Exempts a carrier from this requirement only in cases of insolvency, an assignment for the benefit of creditors, bankruptcy, or nonpayment of sums due under the appointment. (Sec. 3) Revises the preemption of State, local, and regional law or regulation related to a price, route, or level of service for air transportation provided by an air carrier. Limits the preemption to any such law or regulation that would directly prescribe a price, route, or level of service. (Sec. 4) Directs the Secretary of Transportation to issue regulations to establish minimum Federal standards for resuscitation, emergency medical, and first-aid equipment and supplies to be carried on board an aircraft operated by an air carrier that is capable of carrying at least 30 passengers. Bars an air carrier or foreign air carrier from preventing or hindering (including by failing to assist) a passenger from exiting an 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) such aircraft has remained at the gate more than one hour past its scheduled departure time; and (3) the captain of the aircraft has not been informed by air traffic control authorities that such aircraft can be cleared for departure within 15 minutes. (Sec. 5) Establishes the National Commission to Ensure Consumer Information and Choice in the Airline Industry. Requires the Commission, among other things, to study and make policy recommendations to the President and Congress on consumer access to information about the products and services of the airline industry, especially airline fares and routes.