Airline Travelers Right to Know Act
Officially: “Airline Travelers Right to Know Act” Read the full text
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1Short title
This section would let the Act be called the Airline Travelers Right to Know Act.
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1. Short title This Act may be cited as the Airline Travelers Right to Know Act .
2Airline toxic fume disclosure
This section would add a new chapter 455, called "Toxic Fume Disclosure," to subtitle VII of title 49 of the United States Code, made up of seven new sections, and would make a matching clerical change adding that chapter to the table of contents for subtitle VII. The new chapter would define "Administrator" to mean the Administrator of the Federal Aviation Administration. Not later than 180 days after this section is enacted, the Administrator would have to implement and enforce a "right to know of potential toxic fume exposure" policy informing air carrier passengers, pilots, and cabin crew employees of the potential for exposure to toxic fumes that cause permanent health or brain damage that they may encounter onboard passenger-carrying aircraft operating under part 121 of title 14 of the Code of Federal Regulations. That policy would have to be made available in all pilot and crew member contracts, and made available to all air carrier passengers immediately after they purchase a ticket from the air carrier or from a third-party ticket booking entity. The policy would have to include details on the potential for acute or chronic impairment to an individual from such fumes; details on chemicals known to cause cancer, birth defects, and other reproductive harm that may be present in jet engine exhaust, fumes from jet fuel, and exhaust from equipment used to service airplanes, while making clear that such chemicals sometimes enter the jet bridge and can be present throughout the flight; information on safety management systems in place that could protect individuals from such exposure; information on safety management systems to use if exposed to toxic fumes, such as oxygen therapy; and a statement that passengers and air carrier crew members have a right to use cabin oxygen masks in response to a toxic fume event. The Administrator would have to impose a civil penalty under existing section 46301 of title 49 for each violation of this disclosure requirement. Beginning on the date of enactment, operators of passenger-carrying aircraft under part 121 would have to require passengers, during the ticket purchase process, to indicate that they understand there is potential toxic fume exposure onboard such aircraft. Beginning on the date of enactment, the Administrator would have to notify all affected customers, flight attendants, pilots, and aircraft maintenance technicians of any exposure to toxic fumes aboard an aircraft as soon as an air carrier confirms to the Administrator that toxic fumes were detected onboard. Operators of passenger-carrying aircraft under part 121 would have to inform all crewmembers of the aircraft's most recent toxic fume exposure, whether the issue that caused it has been resolved, and whether any crewmembers requested treatment for the exposure. Those operators would also have to let a crewmember decline an assignment on an aircraft covered by this requirement if the issue that caused a reported exposure has not been resolved, without penalizing the crewmember for declining. The Administrator would have to impose a civil penalty under section 46301 for each "specified violation," meaning any false statement, misrepresentation, or conveyance of false information by an aircraft operator under the immediate-notification or crew-notification requirements described above, where that falsity is demonstrated by a confirmed illness of a customer or employee on a flight operated by that operator. If an operator of passenger-carrying aircraft under part 121 that is required to report information under this new chapter is missing a required report when the Secretary of Transportation inspects, the operator would be liable to the United States government for a civil penalty of $100,000. The Administrator would also have to issue regulations needed to amend section 13.18 of title 14 of the Code of Federal Regulations so that violations of the toxic fume disclosure policy are handled under that section's existing civil penalty procedures. Separately, not later than 15 days after this Act is enacted, the Secretary of Transportation would have to issue regulations requiring operators of passenger-carrying aircraft under part 121 to install sensors that detect toxic fumes onboard such aircraft, and to amend section 13.18 of title 14 of the Code of Federal Regulations so that violations of those sensor-installation regulations are also handled under that section's civil penalty procedures. Also not later than 15 days after enactment, the Secretary of Transportation would have to issue regulations requiring operators of passenger-carrying aircraft under part 121 to procure and make available to all crewmembers on such aircraft mobile oxygen masks, for use by crewmembers who are assisting passengers with oxygen masks during a toxic fume event.
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2. Airline toxic fume disclosure (a) In general Subpart III of part A of subtitle VII of title 49, United States Code, is amended by adding at the end the following: 455 Toxic Fume Disclosure Sec. 45401. Definition of Administrator. Sec. 45402. Toxic fume disclosure. Sec. 45403. Passenger notification prior to ticket purchase and check-in. Sec. 45404. Immediate notification of toxic fume events aboard aircraft. Sec. 45405. Crew notification of toxic fume events. 45401. Definition of Administrator In this chapter, the term Administrator means the Administrator of the Federal Aviation Administration. 45402. Toxic fume disclosure (a) In general Not later than 180 days after the date of enactment of this section, the Administrator shall implement and enforce a right to know of potential toxic fume exposure policy to inform air carrier passengers, pilots, and cabin crew employees of the potential exposure to toxic fumes that cause permanent health or brain damage that such passengers, pilots, or employees may encounter onboard passenger-carrying aircraft operating under part 121 of title 14, Code of Federal Regulations. (b) Requirements The right to know of potential toxic fume exposure policy under subsection (a) shall— (1) be made available in all pilot and crew member contracts; (2) be made available to all air carrier passengers immediately after purchasing a ticket for transportation by such air carrier or a third party ticket booking entity; (3) include details on the potential for acute or chronic impairment relating to such fumes to an individual; (4) include details on chemicals known to cause cancer, birth defects, and other reproductive harm that may be present in jet engine exhaust, fumes from jet fuel, and exhaust from equipment used to service airplanes, while making clear that sometimes such chemicals enter the jet bridge and are present throughout the duration of the flight; (5) provide information on safety management systems in place that could protect individuals from such exposure; (6) provide information on safety management systems to use if exposed to toxic fumes such as oxygen therapy; and (7) provide that passengers of air carriers and air carrier crew members have a right to use cabin oxygen masks in response to a toxic fume event. (c) Civil penalty The Administrator shall impose a civil penalty under section 46301 for each violation of the disclosure required pursuant to subsection (a). 45403. Passenger notification prior to ticket purchase and check-in Beginning on the date of enactment of this section, operators of passenger-carrying aircraft operating under part 121 of title 14, Code of Federal Regulations, shall require passengers to indicate an understanding of potential toxic fume exposure onboard such aircraft in ticket purchase process. 45404. Immediate notification of toxic fume events aboard aircraft Beginning on the date of enactment of this section, the Administrator shall notify all affected customers, flight attendants, pilots, and aircraft maintenance technicians of any exposure to toxic fumes aboard aircraft as soon as an air carrier confirms to the Administrator toxic fumes were detected onboard such aircraft. 45405. Crew notification of toxic fume events (a) In general Operators of passenger-carrying aircraft under part 121 of title 14, Code of Federal Regulations, shall inform all crewmembers of such aircraft of the most recent toxic fume exposure on such aircraft, whether the issue that led to the exposure has been resolved, and if any crewmembers have requested treatment for such exposure. (b) Right To decline assignment Operators under subsection (a) shall provide crewmembers with an option to decline an assignment onboard an aircraft covered under subsection (a) if the issue that led to an exposure reported under such subsection has not been resolved, without penalizing such crewmember. 45406. Civil penalty for false statement, misrepresentation, imparting, or conveying false information (a) In general The Administrator shall impose a civil penalty under section 46301 for each specified violation. (b) Specified violation In this section, the term specified violation means any false statement, misrepresentation, impart, or conveyance of false information by an operator of an aircraft under section 45404 or 45405 demonstrated by a confirmed illness of a customer or employee of a flight provided by such operator. 45407. Penalty for missing reports If an operator of passenger-carrying aircraft under part 121 of title 14, Code of Federal Regulations, that is required to report information under this chapter is missing any such report on inspection by the Secretary of Transportation, the operator shall be liable to the United States Government for a civil penalty of $100,000. . (b) Clerical amendment The analysis for subtitle VII of title 49, United States Code, is amended by inserting after the item relating to chapter 453 the following: 455. Toxic Fume Disclosure . (c) Regulation The Administrator of the Federal Aviation administration shall issue such regulations as are necessary to amend section 13.18 of title 14, Code of Federal Regulations, to include violations under section 45402 of title 49, United States Code, under the procedures for civil penalties under such section 13.18. (d) Toxic fume sensors Not later than 15 days after the date of enactment of this Act, the Secretary of Transportation shall issue such regulations as are necessary to— (1) require operators of passenger-carrying aircraft under part 121 of title 14, Code of Federal Regulations, to install sensors that detect toxic fumes onboard such aircraft; and (2) amend section 13.18 of title 14, Code of Federal Regulations, to include violations of the regulations issued under paragraph (1) under the procedures for civil penalties under such section 13.18. (e) Oxygen for crewmembers Not later than 15 days after the date of enactment of this Act, the Secretary of Transportation shall issue such regulations as are necessary to require operators of passenger-carrying aircraft under part 121 of title 14, Code of Federal Regulations, to procure and make available to all crewmembers on such aircraft mobile oxygen masks for crewmembers assisting passengers with oxygen masks in the case of a toxic fume event.
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In the House.