Airline Passenger Protection Act of 1987

(Measure passed Senate, amended, in lieu of S. 1485, roll call #361 (88-5))

Air Passenger Protection Act of 1987 - Amends the Federal Aviation Act of 1958 to direct the Secretary of Transportation to: (1) promulgate regulations requiring air carriers to submit to the Secretary on a monthly basis certain information regarding scheduled domestic air transportation; (2) publish such information in the Federal Register and in monthly public reports; (3) display such summary information in a clear, visible manner at all public airports; or (4) amend regulations regarding computerized airline reservation systems to require that specified flight times and related data be made available to subscribers; (5) promulgate regulations with respect to certain uniform air carrier practices (including the requirement that airlines disclose the minimum percentage of seats available at an advertised special fare); (6) promulgate regulations to prevent any carrier from changing the requirements of a frequent flier program to the detriment of program participants without reasonable notice to such participants; (7) establish a 24-hour toll-free airline consumer hotline; and (8) establish an Advisory Committee to report to the Secretary and the Congress regarding the appropriate capacity level in the air traffic control system.

Prohibits a computerized airline reservation system vendor from using the information reported under this Act to bias the display of flight or fare information.

Amends the Federal Aviation Act of 1958 to direct the Administrator of the Federal Aviation Administration (FAA) to establish a program requiring air carriers and foreign air carriers to conduct pre-employment, periodic recurring, random, and post-accident testing, and testing upon a reasonable suspicion that employees whose duties include responsibility for safety-sensitive functions have used alcohol or a controlled substance without lawful authorization. Requires the Administrator to establish the same program for FAA employees. Sets forth guidelines for such program.

Prohibits such employees from serving in safety-sensitive functions unless they have completed a rehabilitation program established under FAA auspices. Prohibits such individuals from performing air transportation-related duties if they: (1) refuse to undertake a rehabilitation program; (2) fail to complete it; (3) have previously undertaken or completed such a program; or (4) have served as an air carrier or FAA employee responsible for safety-sensitive functions while under the influence of alcohol or a controlled substance.

Requires air carriers to establish and maintain a rehabilitation program for the identification and opportunity for treatment of airmen, crewmembers, and airport security screening contract personnel who need assistance in resolving substance abuse problems.

Requires the Administrator to establish and maintain such a rehabilitation program for FAA employees whose duties include responsibility for flight safety operations, and who need assistance in resolving substance abuse problems. Outlines the requirements of such program.

Amends the Federal Railroad Safety Act of 1970 to direct the Secretary of Transportation to review existing regulations governing alcohol and drug use in railroad operations to determine whether they are adequate to ensure safety. Sets forth the criteria for such review. Outlines the requirements for test procedures for alcohol and drug use among railroad employees responsible for safety-sensitive functions.

Amends the Commercial Motor Vehicle Safety Act of 1986 to direct the Secretary to establish a program requiring motor carriers to conduct pre-employment, periodic recurring, random, and post-accident testing of commercial motor vehicle operators, and testing upon a reasonable suspicion that they have used, without lawful authorization, alcohol or a controlled substance. Mandates that such program include post-accident testing of a commercial motor vehicle operator in any accident involving a commercial motor vehicle in which serious bodily injury, loss of human life, or significant property damage has occurred.

Directs the Secretary to promulgate regulations setting forth the requirements for a rehabilitation program for the identification and opportunity for treatment of commercial motor vehicle operators who are determined to have used, without lawful authorization, alcohol or a controlled substance. Sets forth the requirements of the testing procedures. Requires the Secretary to: (1) determine appropriate sanctions for operators who are determined, as a result of such tests, to have used alcohol or a controlled substance without lawful authorization (but who are not under the influence of alcohol or a controlled substance); (2) design and implement a pilot test program for the random testing of commercial motor vehicle operators to determine the use without lawful authorization of alcohol or a controlled substance; (3) solicit (and select) State participation in such a program; and (4) submit a comprehensive report to the Congress setting forth the pilot program results.

Authorizes appropriations for FY 1988 for such pilot testing program.

Amends the Federal Aviation Act of 1958 to terminate upon the date of enactment of the Airline Merger Transfer Act of 1987 the Secretary's authority to exempt from the antitrust laws transactions relating to airline mergers and acquisitions and interlocking directorates among airlines. (Current law terminates such authority on January 1, 1989.) Provides that: (1) proceedings commenced before the Department of Transportation prior to April 1, 1987; or (2) final orders adopted prior to enactment of this Act by the Secretary or the Civil Aeronautics Board with regard to such transactions, shall be adjudicated and administered as if such authority had not been terminated.

Amends the Clayton Act to prohibit any air carrier or foreign air carrier that is subject to the Federal Aviation Act of 1958, any person controlling such carriers, other common carrier or person substantially engaged in the aeronautics business from acquiring the stocks or assets of one or more persons engaged in commerce where the effect of such acquisition may substantially lessen competition or create a monopoly.

Terminates the authority of the Secretary to enforce the antitrust provisions of the Clayton Act with respect to air carriers and foreign air carriers who are subject to the Federal Aviation Act of 1958. Excludes such carriers from the antitrust authority of the Federal Trade Commission.

Amends the Federal Aviation Act of 1958 with respect to air carrier mergers or acquisitions to require the Secretary of Transportation to impose, as a condition of approval of such transactions, labor protective conditions that are calculated to mitigate possible adverse effects upon air carrier employees' employment, wages, or working conditions.

Amends the Federal Aviation Act of 1958 to transfer to the Department of Labor the authority of the Department of Transportation relating to labor protection provisions.

Requires the Secretary of Transportation to: (1) compile and retain information regarding fares and frequency of service offered by specified carriers; (2) require a commercial carrier to disclose at the time of ticket purchase restroom unavailability and (upon passenger request) a description of the aircraft; and (3) promulgate regulations prohibiting an air carrier from cancelling flights for economic reasons unless the carrier has attempted to notify passengers and makes similar services available.