Airline Passengers' Bill of Rights

II 116TH CONGRESS 1ST SESSION S. 2341 To establish protections for passengers in air transportation, and for other purposes. IN THE SENATE OF THE UNITED STATES JULY 30, 2019 Mr. BLUMENTHAL (for himself, Mr. MARKEY, Mr. WHITEHOUSE, Mr. WYDEN, and Mr. CASEY) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish protections for passengers in air transportation, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Airline Passengers’ Bill of Rights’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—PASSENGER PROTECTIONS Sec. 101. Rules regarding compensation provided to passengers. VerDate Sep 11 2014 03:28 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\S2341.IS S2341 kjohnson on DSK79L0C42 with BILLS 2 •S 2341 IS Sec. 102. Minimum compensation provided to passengers involuntarily denied boarding. Sec. 103. Delays and cancellations. Sec. 104. Unfair and deceptive attribution of delays and cancellations to force majeure events. Sec. 105. Interline agreements and protections. Sec. 106. Protections relating to space for passengers on aircraft. Sec. 107. Availability of lavatories on passenger aircraft. Sec. 108. Availability of potable water on passenger aircraft. Sec. 109. Training on rights of passengers. Sec. 110. Report on quality and safety of food and water on passenger aircraft. Sec. 111. Report on sufficiency of available flight crews and aircraft. TITLE II—CONSUMER PROTECTIONS Sec. 201. Protections relating to the imposition of fees that are not reasonable and proportional to the costs incurred. Sec. 202. Protections relating to disclosure of flight information. Sec. 203. Transparency in pricing of tickets in air transportation. Sec. 204. Disclosure of lowest fares for air transportation. Sec. 205. Frequent flyer programs fairness and transparency. Sec. 206. Refunds for lost, damaged, delayed, or pilfered baggage. Sec. 207. Passenger rights transparency. Sec. 208. Private right of action against unfair and deceptive practices. Sec. 209. Fairness and transparency in contracts of carriage. Sec. 210. Private right of action for discrimination claims against air carriers. Sec. 211. No preemption of consumer protection claims. Sec. 212. Invalidation of pre-dispute arbitration and class-action waiver clauses in certain contracts relating to passenger air transportation. Sec. 213. Consumer complaint process improvement. TITLE III—PENALTIES FOR AIR CARRIERS Sec. 301. Increase in civil penalty for violations of passenger protection laws. Sec. 302. Report on imposition of civil penalties. Sec. 303. Study of distribution of civil penalties to consumers. Sec. 304. Prohibition on negotiation of reductions in civil penalties. TITLE IV—COMPETITIVENESS OF AIR CARRIERS Sec. 401. Analysis of air carrier mergers. SEC. 2. DEFINITIONS. 1 Except as otherwise specifically provided, in this Act: 2 (1) ADMINISTRATOR.—The term ‘‘Adminis- 3 trator’’ means the Administrator of the Federal 4 Aviation Administration. 5 (2) ADVISORY COMMITTEE FOR AVIATION CON- 6 SUMER PROTECTION.—The term ‘‘Advisory Com- 7 VerDate Sep 11 2014 03:28 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2341.IS S2341 kjohnson on DSK79L0C42 with BILLS 3 •S 2341 IS mittee for Aviation Consumer Protection’’ means the 1 advisory committee established under section 411 of 2 the FAA Modernization and Reform Act of 2012 3 (49 U.S.C. 42301 note prec.). 4 (3) AIR CARRIER.—The term ‘‘air carrier’’ 5 means an air carrier or foreign air carrier, as those 6 terms are defined in section 40102 of title 49, 7 United States Code. 8 (4) AIR TRANSPORTATION.—The term ‘‘air 9 transportation’’ has the meaning given that term in 10 section 40102 of title 49, United States Code. 11 (5) ANCILLARY FEE.—The term ‘‘ancillary 12 fee’’, with respect to a fee imposed by an air carrier, 13 means any fee for an optional service, including any 14 fee for a first or second checked bag or a carry-on 15 bag, cancellation of an itinerary, changes in an 16 itinerary, seat assignment, or advance boarding. 17 (6) APPROPRIATE COMMITTEES OF CON- 18 GRESS.—The term ‘‘appropriate committees of Con- 19 gress’’ means the Committee on Commerce, Science, 20 and Transportation of the Senate and the Com- 21 mittee on Transportation and Infrastructure of the 22 House of Representatives. 23 (7) PURCHASE.—The term ‘‘purchase’’, with re- 24 spect to a ticket for travel in air transportation, 25 VerDate Sep 11 2014 03:28 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2341.IS S2341 kjohnson on DSK79L0C42 with BILLS 4 •S 2341 IS means the purchase of a ticket using cash or credit 1 or using miles awarded through the frequent flyer 2 program of an air carrier. 3 (8) SECRETARY.—The term ‘‘Secretary’’ means 4 the Secretary of Transportation. 5 (9) TICKET AGENT.—The term ‘‘ticket agent’’ 6 has the meaning given that term in section 40102 7 of title 49, United States Code. 8 TITLE I—PASSENGER 9 PROTECTIONS 10 SEC. 101. RULES REGARDING COMPENSATION PROVIDED 11 TO PASSENGERS. 12 Not later than 180 days after the date of the enact- 13 ment of this Act, the Secretary shall prescribe regula- 14 tions— 15 (1) allowing an air carrier to offer compensa- 16 tion to a passenger to incentivize the passenger to 17 relinquish the passenger’s seat on a flight operated 18 by the air carrier; 19 (2) prohibiting an air carrier from imposing a 20 cap on the amount of compensation the air carrier 21 can provide to a passenger in exchange for the pas- 22 senger relinquishing a seat; and 23 (3) requiring an air carrier to provide any com- 24 pensation provided to a passenger in exchange for 25 VerDate Sep 11 2014 03:28 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2341.IS S2341 kjohnson on DSK79L0C42 with BILLS 5 •S 2341 IS the passenger relinquishing a seat in the form of 1 cash. 2 SEC. 102. MINIMUM COMPENSATION PROVIDED TO PAS- 3 SENGERS INVOLUNTARILY DENIED BOARD- 4 ING. 5 Not later than 60 days after the date of enactment 6 of this Act, the Secretary shall, notwithstanding section 7 425(e)(2) of the FAA Reauthorization Act of 2018, issue 8 a final rule to revise part 250 of title 14, Code of Federal 9 Regulations, to establish that $1,350 is the minimum level 10 of compensation an air carrier or foreign air carrier must 11 pay to a passenger who is involuntarily denied boarding 12 as the result of an oversold flight. 13 SEC. 103. DELAYS AND CANCELLATIONS. 14 (a) REGULATIONS.—Not later than 180 days after 15 the date of the enactment of this Act, the Secretary shall 16 prescribe regulations requiring, if a passenger’s flight is 17 delayed or cancelled for any reason within the control of 18 the air carrier (including crew scheduling, routine mainte- 19 nance, functioning of information technology systems, pas- 20 senger service issues, issues related to baggage services, 21 issues related to ground handling of aircraft, or other rea- 22 sons as specified by the Secretary) and— 23 (1) the passenger’s arrival at the passenger’s 24 destination is delayed by more than 1 hour and less 25 VerDate Sep 11 2014 03:28 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2341.IS S2341 kjohnson on DSK79L0C42 with BILLS 6 •S 2341 IS than 4 hours after the originally scheduled arrival of 1 the passenger, the air carrier— 2 (A) to automatically refund to the pas- 3 senger the amount the passenger paid for the 4 ticket; and 5 (B) to find a seat for the passenger on an- 6 other flight operated by the air carrier, on a 7 flight operated by another air carrier, or on an 8 alternative means of transportation, at no addi- 9 tional expense to the passenger, that results in 10 the passenger arriving at the passenger’s des- 11 tination not later than 4 hours after the origi- 12 nal scheduled arrival time; 13 (2) the passenger’s arrival at the passenger’s 14 destination is delayed by more than 4 hours after 15 the originally scheduled arrival of the passenger, the 16 air carrier— 17 (A) to automatically refund to the pas- 18 senger the amount the passenger paid for the 19 ticket; 20 (B) to find a seat for the passenger on an- 21 other flight operated by the air carrier, on a 22 flight operated by another air carrier, or on an 23 alternative means of transportation, at no addi- 24 tional expense to the passenger, at the earliest 25 VerDate Sep 11 2014 03:28 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2341.IS S2341 kjohnson on DSK79L0C42 with BILLS 7 •S 2341 IS available opportunity, if the passenger so choos- 1 es; 2 (C) to provide compensation to the pas- 3 senger of $1,350 cash; and 4 (D) to provide a passenger with an amount 5 equal to the cost of a meal; and 6 (3) the passenger’s departure is delayed until 7 the next day, the air carrier to provide the passenger 8 with an amount equal to the cost of hotel lodging, 9 in addition to the requirements of paragraph (2). 10 (b) SAVINGS PROVISION.—Nothing in this section 11 shall be construed as affecting the authority of an air car- 12 rier to maximize its system capacity during weather-re- 13 lated events to accommodate the greatest number of pas- 14 sengers. 15 SEC. 104. UNFAIR AND DECEPTIVE ATTRIBUTION OF 16 DELAYS AND CANCELLATIONS TO FORCE 17 MAJEURE EVENTS. 18 Section 41712 of title 49, United States Code, is 19 amended by adding at the end the following: 20 ‘‘(d) ATTRIBUTION OF DELAYS AND CANCELLATIONS 21 TO FORCE MAJEURE EVENTS.—It shall be an unfair or 22 deceptive practice under subsection (a) for an air carrier 23 or foreign air carrier to attribute the delay or cancellation 24 of a flight operated by the carrier or by another air carrier 25 VerDate Sep 11 2014 03:28 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2341.IS S2341 kjohnson on DSK79L0C42 with BILLS 8 •S 2341 IS or foreign air carrier with which the carrier has a 1 codesharing or other joint marketing arrangement to a 2 force majeure event unless the delay or cancellation is 3 caused by an event not within the control of the air carrier 4 operating the flight, such as weather, an act of God, or 5 a war or other hostilities.’’. 6 SEC. 105. INTERLINE AGREEMENTS AND PROTECTIONS. 7 (a) REGULATIONS.—Not later than 1 year after the 8 date of the enactment of this Act, the Secretary shall pre- 9 scribe regulations— 10 (1) to facilitate interline agreements and related 11 practices between air carriers and providers of other 12 modes of transportation; and 13 (2) to establish a complaint and remediation 14 process through which parties may submit com- 15 plaints and resolve disputes regarding the establish- 16 ment and implementation of interline agreements. 17 (b) INTERLINE AGREEMENTS.—The regulations pre- 18 scribed pursuant to subsection (a)(1) shall— 19 (1) include provisions to prevent air carriers 20 and other transportation providers from significantly 21 hindering or preventing willing air carriers or other 22 transportation providers from entering into interline 23 agreements or conducting related practices; 24 VerDate Sep 11 2014 03:28 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2341.IS S2341 kjohnson on DSK79L0C42 with BILLS 9 •S 2341 IS (2) require air carriers to explicitly notify pas- 1 sengers when they are eligible to be provided trans- 2 portation by another air carrier or a provider of an- 3 other mode of transportation; 4 (3) after an eligible passenger is notified under 5 paragraph (2), require air carriers to attempt to 6 provide to the passenger transportation through an- 7 other air carrier or a provider of another mode of 8 transportation, upon the passenger’s request, if the 9 air carrier has an interline agreement with the other 10 air carrier or transportation provider; 11 (4) prohibit air carriers and other transpor- 12 tation providers from unduly or improperly influ- 13 encing the decision of a partner, subsidiary, or ven- 14 dor to enter into an interline agreement, the terms 15 or conditions of such an agreement, or related prac- 16 tices; 17 (5) account for operational records, seat avail- 18 ability, and capacity; and 19 (6) promote competition and the public interest. 20 (c) COMPLAINT AND REMEDIATION PROCESS.—The 21 complaint and remediation processes established pursuant 22 to subsection (a)(2) may provide for appropriate penalties 23 and remedies for violations of an interline agreement. 24 VerDate Sep 11 2014 03:28 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2341.IS S2341 kjohnson on DSK79L0C42 with BILLS 10 •S 2341 IS SEC. 106. PROTECTIONS RELATING TO SPACE FOR PAS- 1 SENGERS ON AIRCRAFT. 2 (a) MORATORIUM ON REDUCTIONS TO AIRCRAFT 3 SEAT SIZE.— 4 (1) IN GENERAL.—Not later than 30 days after 5 the date of the enactment of this Act, the Adminis- 6 trator shall prohibit any air carrier from reducing 7 the size, width, or pitch of seats on passenger air- 8 craft operated by the air carrier, the amount of leg 9 room per seat on such aircraft, or the width of aisles 10 on such aircraft. 11 (2) TERMINATION.—The prohibition under 12 paragraph (1) shall terminate on the date on which 13 the regulations required by subsection (b) take ef- 14 fect. 15 (b) REGULATIONS RELATING TO SPACE FOR PAS- 16 SENGERS ON AIRCRAFT.—Not later than 1 year after the 17 date of enactment of this Act, and after providing notice 18 and an opportunity for comment, the Administrator shall 19 issue regulations— 20 (1) establishing minimum dimensions for pas- 21 senger seats on aircraft operated by air carriers in 22 interstate air transportation or intrastate air trans- 23 portation, including the size, width, and pitch of 24 seats, the amount of leg room, and the width of 25 VerDate Sep 11 2014 03:28 Aug 08, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2341.IS S2341 kjohnson on DSK79L0C42 with BILLS 11 •S 2341 IS aisles on such aircraft for the safety and health of 1 passengers; and 2 (2) requiring each air carrier to prominently 3 display on a publicly available internet website of the 4 air carrier the amount of space available for each 5 passenger on passenger aircraft operated by the air 6 carrier or by another air carrier with which the air 7 carrier has a codesharing or other joint marketing 8 arrangement, including the size, width, and pitch of 9 seats, the amount of leg room, and the width of 1 [Text truncated for display. 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