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S. 2023 Travelers' Rights Act of 1996


          104th CONGRESS

          2d Session

          To provide for travelers' rights in air commerce, and for other

          purposes.

                           IN THE SENATE OF THE UNITED STATES

                                     August 2, 1996

          Mr. REID introduced the following bill; which was read twice and

              referred to the Committee on Commerce, Science, and

              Transportation

                                         A BILL

          To provide for travelers' rights in air commerce, and for other

          purposes.

              Be it enacted by the Senate and House of

          Representatives of the United States of America in Congress

          assembled, 

          SECTION 1. SHORT TITLE; PURPOSES.

            (a) SHORT TITLE- This Act may be cited as the `Travelers' Rights

          Act of 1996'.

            (b) PURPOSES- The purposes of this Act are to ensure--

                (1) the access to information by travelers in air commerce

              concerning the safety and security of air travel; and

                (2) the coordination of air carrier and governmental

              assistance to victims and survivors of victims of accidents in

              air commerce.

          SEC. 2. CONSUMER ACCESS TO INFORMATION.

            (a) IN GENERAL- Chapter 447 of title 49, United States Code, is

          amended by adding at the end the following new section:

          `Sec. 44724. Air traveler safety program

            `(a) IN GENERAL- 

                `(1) WRITTEN INFORMATION- Not later than 90 days after the

              date of enactment of this section, the Secretary of

              Transportation (hereafter in this section referred to as the

              `Secretary') shall issue regulations, for a period determined 

              by the Secretary, that require 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:

                    `(A) safety inspection reviews conducted by the

                  Administrator of the Federal Aviation Administration on the

                  aircraft of that air carrier;

                    `(B) the safety ranking of that air carrier, as 

                  determined by the Administrator of the Federal Aviation

                  Administration, in accordance with applicable law; and

                    `(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 the calendar

              year in which this section is enacted, and annually thereafter,

              the Secretary shall submit a report to the Congress that 

              reviews the safety of air carriers that provide interstate or

              foreign air transportation, including--

                    `(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) for the preceding year, the names of makers of

                  aircraft that have been involved in an accident.

                `(2) AVAILABILITY OF INFORMATION- The Secretary shall make 

              the report under paragraph (1) available to--

                    `(A) travel agencies and consultants for distribution to

                  persons served by those agencies and consultants; and

                    `(B) any other person or entity upon request.

            `(e) 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 receive, to the extent 

              allowable by law, immediate and unrestricted access to

              information 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) NATIONAL SECURITY INFORMATION- Nothing in paragraph (1)

              may be construed to authorize the release of information that

              the President determines to be classified in the national

              security interest of the United States.

            `(f) 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

              (e) 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.

                    `(D) A list of appropriate Federal agencies and contacts.

                    `(E) The facilities at which victims of the accident may

                  be identified.

            `(g) 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.

            `(h) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be

          appropriated such sums as may be necessary to carry out this

          section.'.

            (b) CONFORMING AMENDMENT- The chapter analysis for chapter 447 of

          title 49, United States Code, is amended by adding at the end the

          following new item:

          `44724. Air traveler safety program.'.

104th Congress Legislative Index

    

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