article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Air Travelers Fair Treatment Act of 2001''. SEC. 2. FAIR TREATMENT OF AIRLINE PASSENGERS. Section 41712 of title 49, United States Code, is amended by adding at the end the following: ``(c) Specific Practices.--For purposes of subsection (a), the term `unfair or deceptive practice' includes each of the following: ``(1) 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. ``(2) 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.--Subchapter I of chapter 417 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 41722. Airline passenger rights ``(a) Right to In-Flight Emergency Medical Care.-- ``(1) In general.--The Secretary of Transportation shall prescribe 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 prescribing 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 prescribing regulations under paragraph (1), the Secretary shall consult with the Surgeon General of the Public Health Service. ``(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; and ``(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.''. (b) Conforming Amendment.--The analysis for chapter 417 of title 49, United States Code, is amended by adding at the end the following: ``41722. Airline passenger rights.''. SEC. 5. CONSUMER ACCESS TO INFORMATION. (a) Requirement for Program.-- (1) In general.--Chapter 447 of title 49, United States Code, is amended by adding at the end the following new section: ``Sec. 44727. Air traveler safety program ``(a) In General.-- ``(1) Written information.--The Secretary of Transportation (in this section referred to as the `Secretary') shall require in regulations, for a period determined by the Secretary, that each air carrier that provides interstate air transportation or foreign air transportation to provide written information upon request, to passengers that purchase passage for interstate or foreign air transportation concerning the following: ``(A) Safety inspection reviews conducted by the Administrator of the Federal Aviation Administration (in this section referred to as the `Administrator') on the aircraft of that air carrier. ``(B) The safety ranking of that air carrier, as determined by the Administrator in accordance with applicable law. ``(C) The compliance of the members of the crew of the aircraft with any applicable certification requirements under this subtitle. ``(2) Guidelines.--The regulations issued by the Secretary under this subsection shall provide guidelines for air carriers relating to the provision of the information referred to in paragraph (1). ``(3) Request for information.--An air carrier shall be required to provide to a passenger, on request, any information concerning the safety of aircraft and the competency of persons issued a certificate under this subtitle for the operation of the aircraft that the Secretary, to the extent allowable by law, determines to be appropriate. ``(b) Submission of Performance Review.-- ``(1) In general.--Not later than December 31 of each year, the Secretary shall submit a report to Congress regarding the safety of air carriers that provide interstate or foreign air transportation. The report shall include with respect to the year in which the report is filed-- ``(A) the number of accidents and a description of such accidents of air carriers attributable to each air carrier that provides interstate or foreign air transportation; and ``(B) the names of makers of aircraft that have been involved in an accident. ``(2) Availability of information.--The Secretary shall make the annual report under paragraph (1) available to any person or entity upon request. ``(c) Victims' Rights Program.-- ``(1) In general.--The National Transportation Safety Board shall establish and administer a program for victims and survivors of aircraft accidents in air commerce. Under that program, the National Transportation Safety Board shall ensure that such victims and survivors of an accident receive, to the extent allowable by law, immediate and unrestricted access to information on the accident that is made available from-- ``(A) the air carrier involved in an accident in air commerce; ``(B) the Federal Government; and ``(C) State governments and political subdivisions thereof. ``(2) Classified information.--Nothing in paragraph (1) may be construed to authorize a release of information that is specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy. ``(d) Coordination of Victim Assistance.-- ``(1) In general.--The National Transportation Safety Board, in cooperation with officials of appropriate Federal agencies and the American Red Cross, shall establish a program to ensure the coordination of the disclosure of information under subsection (c) and assistance provided to victims of an accident in air commerce. ``(2) Establishment of toll-free telephone line.-- ``(A) In general.--The National Transportation Safety Board, in cooperation with officials of the appropriate Federal agencies and the American Red Cross, shall establish a toll-free telephone line to facilitate the provision of information under paragraph (3). ``(B) Action by the national transportation safety board.--The National Transportation Safety Board shall take such action as may be necessary to ensure-- ``(i) the publication of the telephone number of the telephone line established under subparagraph (A) in newspapers of general circulation; and ``(ii) the provision of such number on national television news programs. ``(3) Information provided by telephone line.--The telephone line established under paragraph (2) shall provide the following information concerning an accident in air commerce: ``(A) The identifier name and number of the aircraft involved in the accident. ``(B) The names of known victims of the accident. ``(C) The status of the investigation of the accident. ``(D) A list of appropriate Federal agencies and contacts. ``(E) The facilities at which victims of the accident may be identified. ``(e) Civil Penalties.-- ``(1) In general.--Any air carrier that fails to provide information in accordance with this section shall be liable for a civil penalty in an amount not to exceed $100,000 per violation. ``(2) Travel agencies and other persons not covered.-- Paragraph (1) shall not apply to a travel agency or other person that does not provide interstate or foreign air transportation. ``(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.''. (2) Conforming amendment.--The analysis for chapter 447 of title 49, United States Code, is amended by adding at the end the following new item: ``44727. Air traveler safety program.''. (b) Time for Regulations.--The Secretary of Transportation shall issue the regulations required by subsection (a) of section 44727 of title 49, United States Code (as added by subsection (a)), not later than 90 days after the date of enactment of this Act. (c) Submittal of First Annual Report.--The Secretary of Transportation shall submit the first annual report to Congress under subsection (b) of such section 44727 not later than December 31, 2001.
summary: Air Travelers Fair Treatment Act of 2001 - Amends Federal transportation law to make it an unfair or deceptive practice for an air carrier or foreign air carrier to fail to provide a passenger with an accurate explanation of the reasons for a flight delay, cancellation, or diversion from a ticketed itinerary.Makes it an unfair or deceptive practice for an air carrier or foreign air carrier, 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, to fail: (1) 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 (2) to provide the ticket agent with at least 60 days to correct any deficiency claimed. Exempts from this rule cases of insolvency, an assignment for the benefit of creditors, bankruptcy, or nonpayment of sums due under the appointment.Directs the Secretary of Transportation to prescribe regulations to establish minimum standards for resuscitation, emergency medical, and first-aid equipment and supplies to be carried on board an aircraft capable of carrying at least 30 passengers.Prohibits air carriers or foreign air carriers from preventing, hindering, or failing to assist any passenger from exiting an aircraft (under the same circumstances as any flight crew member may exit) if: (1) the aircraft is parked over an hour past its scheduled departure time at an airport terminal gate with access to ramp or other boarding and deplaning facilities; and (2) the aircraft captain has not been informed by air traffic control authorities that the aircraft can be cleared for departure within 15 minutes.Directs the Secretary to require by regulations each air carrier or foreign air carrier to provide, upon request, to their passengers any information concerning the safety of the aircraft and the competency of the aircraft crew.Directs the National Transportation Safety Board to establish and administer a program for victims and survivors of aircraft accidents in which they receive immediate and unrestricted access to information with regard to such accidents. Establishes a toll-free telephone line for the public to provide specified information concerning an aircraft accident.Sets forth civil penalties for violations of this Act.