What This Bill Does
This bill creates new protections and rights for passengers flying on U.S. airlines. It requires airlines to provide compensation when flights are delayed or cancelled, refund checked baggage fees when luggage arrives damaged, and give passengers clear information about ticket prices and their rights. The bill also increases penalties that airlines must pay when they violate passenger protection laws.
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Who It Affects
- Airline passengers who buy tickets for flights in the U.S. or on U.S. airlines
- Airlines and foreign airlines operating passenger flights
- Ticket agents who sell airline tickets
- Frequent flyer program members
- Federal agencies including the Department of Transportation and Federal Aviation Administration
- State attorneys general
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Key Provisions
- Airlines must offer automatic refunds and provide free alternative transportation when a flight is delayed or cancelled due to something within the airline's control, with cash compensation of up to $1,350 and hotel coverage if the delay lasts until the next day (Sec. 103)
- Airlines cannot reduce the size or width of passenger seats, legroom, or aisle widths without meeting new federal safety standards (Sec. 106)
- Airlines must provide free lavatories and potable water to all passengers during flights (Sec. 107, 108)
- Airlines must automatically refund baggage fees when checked luggage arrives damaged and must notify passengers about refund procedures within 30 minutes of becoming aware of lost or damaged baggage (Sec. 206, 207)
- Passengers can now file lawsuits directly against airlines for unfair practices or discrimination without being forced into private arbitration or prevented from joining class action lawsuits (Sec. 208, 210, 212)
- Airlines cannot charge unreasonable baggage, seat assignment, or cancellation fees that don't match their actual costs (Sec. 201)
- Airlines must show the lowest available fares and disclose all taxes and fees before customers complete a purchase (Sec. 204, 203)
- Airlines cannot make major changes to frequent flyer programs without giving members reasonable notice or unfairly reducing earned benefits (Sec. 205)
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What Changes
If enacted, passengers would receive automatic cash refunds and compensation when airlines cancel or significantly delay flights due to airline operational problems. Airlines would face stricter rules about seat sizing and must provide basic amenities like water at no extra charge. Passengers gain the legal right to sue airlines directly in court rather than being forced to use private arbitration. Airlines cannot hide fees or use confusing pricing. Passengers get clear notifications about their compensation rights within 30 minutes of becoming eligible. Airlines must comply with tougher financial penalties for violations, which the government can no longer negotiate downward.
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Important Definitions
- **Air carrier**: Any airline or foreign airline offering commercial passenger flight service
- **Ancillary fee**: Charges for optional services including checked bags, carry-on bags, seat selection, advance boarding, or flight cancellations
- **Passenger air transportation**: Moving passengers by aircraft as a business for payment (including domestic and international flights)
- **Purchase**: Buying an airline ticket using cash, credit, or frequent flyer miles
- **Force majeure event**: Events beyond an airline's control such as weather, acts of God, war, or hostilities
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Effective Date
Various provisions take effect at different times. Some requirements begin immediately or within 30 to 90 days of enactment. Most regulatory changes must be completed within 180 days after the bill becomes law. The ban on reducing seat size takes effect within 30 days but ends once new seat size regulations are finalized (Sec. 106). Airlines must resubmit updated contract terms within 90 days (Sec. 209).
II
118TH CONGRESS
1ST SESSION
S. 178
To establish protections for passengers in air transportation, and for other
purposes.
IN THE SENATE OF THE UNITED STATES
JANUARY 31, 2023
Mr. BLUMENTHAL (for himself, Mr. MARKEY, Mr. WHITEHOUSE, Mr. CASEY,
Mr. WYDEN, and Mr. SANDERS) 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
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Sec. 101. Rules regarding compensation provided to passengers.
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
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(2) ADVISORY COMMITTEE FOR AVIATION CON-
1
SUMER
PROTECTION.—The term ‘‘Advisory Com-
2
mittee for Aviation Consumer Protection’’ means the
3
advisory committee established under section 411 of
4
the FAA Modernization and Reform Act of 2012
5
(49 U.S.C. 42301 note prec.).
6
(3) AIR
CARRIER.—The term ‘‘air carrier’’
7
means an air carrier or foreign air carrier, as those
8
terms are defined in section 40102 of title 49,
9
United States Code.
10
(4) AIR
TRANSPORTATION.—The term ‘‘air
11
transportation’’ has the meaning given that term in
12
section 40102 of title 49, United States Code.
13
(5) ANCILLARY
FEE.—The term ‘‘ancillary
14
fee’’, with respect to a fee imposed by an air carrier,
15
means any fee for an optional service, including any
16
fee for a first or second checked bag or a carry-on
17
bag, cancellation of an itinerary, changes in an
18
itinerary, seat assignment, or advance boarding.
19
(6)
APPROPRIATE
COMMITTEES
OF
CON-
20
GRESS.—The term ‘‘appropriate committees of Con-
21
gress’’ means the Committee on Commerce, Science,
22
and Transportation of the Senate and the Com-
23
mittee on Transportation and Infrastructure of the
24
House of Representatives.
25
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(7) PASSENGER
AIR
TRANSPORTATION.—The
1
term ‘‘passenger air transportation’’ means, with re-
2
spect to the transportation of passengers by aircraft
3
as a common carrier for compensation, foreign air
4
transportation, interstate air transportation, and
5
intrastate air transportation, as such terms are de-
6
fined in section 40102 of title 49, United States
7
Code.
8
(8) PURCHASE.—The term ‘‘purchase’’, with re-
9
spect to a ticket for travel in air transportation,
10
means the purchase of a ticket using cash or credit
11
or using miles awarded through the frequent flyer
12
program of an air carrier.
13
(9) SECRETARY.—The term ‘‘Secretary’’ means
14
the Secretary of Transportation.
15
(10) TICKET AGENT.—The term ‘‘ticket agent’’
16
has the meaning given that term in section 40102
17
of title 49, United States Code.
18
TITLE I—PASSENGER
19
PROTECTIONS
20
SEC. 101. RULES REGARDING COMPENSATION PROVIDED
21
TO PASSENGERS.
22
Not later than 180 days after the date of the enact-
23
ment of this Act, the Secretary shall prescribe regula-
24
tions—
25
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(1) allowing an air carrier to offer compensa-
1
tion to a passenger to incentivize the passenger to
2
relinquish the passenger’s seat on a flight operated
3
by the air carrier;
4
(2) prohibiting an air carrier from imposing a
5
cap on the amount of compensation the air carrier
6
can provide to a passenger in exchange for the pas-
7
senger relinquishing a seat; and
8
(3) requiring an air carrier to provide any com-
9
pensation provided to a passenger in exchange for
10
the passenger relinquishing a seat in the form of
11
cash.
12
SEC. 102. MINIMUM COMPENSATION PROVIDED TO PAS-
13
SENGERS INVOLUNTARILY DENIED BOARD-
14
ING.
15
Not later than 60 days after the date of enactment
16
of this Act, the Secretary shall, notwithstanding section
17
425(e)(2) of the FAA Reauthorization Act of 2018, issue
18
a final rule to revise part 250 of title 14, Code of Federal
19
Regulations, to establish that $1,350 is the minimum level
20
of compensation an air carrier or foreign air carrier must
21
pay to a passenger who is involuntarily denied boarding
22
as the result of an oversold flight.
23
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•S 178 IS
SEC. 103. DELAYS AND CANCELLATIONS.
1
(a) REGULATIONS.—Not later than 180 days after
2
the date of the enactment of this Act, the Secretary shall
3
prescribe regulations requiring, if a passenger’s flight is
4
delayed or cancelled for any reason within the control of
5
the air carrier (including crew scheduling, routine mainte-
6
nance, functioning of information technology systems, pas-
7
senger service issues, issues related to baggage services,
8
issues related to ground handling of aircraft, or other rea-
9
sons as specified by the Secretary) and—
10
(1) the passenger’s arrival at the passenger’s
11
destination is delayed by more than 1 hour and less
12
than 4 hours after the originally scheduled arrival of
13
the passenger, the air carrier—
14
(A) to automatically refund to the pas-
15
senger the amount the passenger paid for the
16
ticket; and
17
(B) to find a seat for the passenger on an-
18
other flight operated by the air carrier, on a
19
flight operated by another air carrier, or on an
20
alternative means of transportation, at no addi-
21
tional expense to the passenger, that results in
22
the passenger arriving at the passenger’s des-
23
tination not later than 4 hours after the origi-
24
nal scheduled arrival time;
25
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•S 178 IS
(2) the passenger’s arrival at the passenger’s
1
destination is delayed by more than 4 hours after
2
the originally scheduled arrival of the passenger, the
3
air carrier—
4
(A) to automatically refund to the pas-
5
senger the amount the passenger paid for the
6
ticket;
7
(B) to find a seat for the passenger on an-
8
other flight operated by the air carrier, on a
9
flight operated by another air carrier, or on an
10
alternative means of transportation, at no addi-
11
tional expense to the passenger, at the earliest
12
available opportunity, if the passenger so choos-
13
es;
14
(C) to provide compensation to the pas-
15
senger of $1,350 cash; and
16
(D) to provide a passenger with an amount
17
equal to the cost of a meal; and
18
(3) the passenger’s departure is delayed until
19
the next day, the air carrier to provide the passenger
20
with an amount equal to the cost of hotel lodging,
21
in addition to the requirements of paragraph (2).
22
(b) SAVINGS PROVISION.—Nothing in this section
23
shall be construed as affecting the authority of an air car-
24
rier to maximize its system capacity during weather-re-
25
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•S 178 IS
lated events to accommodate the greatest number of pas-
1
sengers.
2
SEC. 104. UNFAIR AND DECEPTIVE ATTRIBUTION OF
3
DELAYS AND CANCELLATIONS TO FORCE
4
MAJEURE EVENTS.
5
Section 41712 of title 49, United States Code, is
6
amended by adding at the end the following:
7
‘‘(d) ATTRIBUTION OF DELAYS AND CANCELLATIONS
8
TO FORCE MAJEURE EVENTS.—It shall be an unfair or
9
deceptive practice under subsection (a) for an air carrier
10
or foreign air carrier to attribute the delay or cancellation
11
of a flight operated by the carrier or by another air carrier
12
or foreign air carrier with which the carrier has a
13
codesharing or other joint marketing arrangement to a
14
force majeure event unless the delay or cancellation is
15
caused by an event not within the control of the air carrier
16
operating the flight, such as weather, an act of God, or
17
a war or other hostilities.’’.
18
SEC. 105. INTERLINE AGREEMENTS AND PROTECTIONS.
19
(a) REGULATIONS.—Not later than 1 year after the
20
date of the enactment of this Act, the Secretary shall pre-
21
scribe regulations—
22
(1) to facilitate interline agreements and related
23
practices between air carriers and providers of other
24
modes of transportation; and
25
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•S 178 IS
(2) to establish a complaint and remediation
1
process through which parties may submit com-
2
plaints and resolve disputes regarding the establish-
3
ment and implementation of interline agreements.
4
(b) INTERLINE AGREEMENTS.—The regulations pre-
5
scribed pursuant to subsection (a)(1) shall—
6
(1) include provisions to prevent air carriers
7
and other transportation providers from significantly
8
hindering or preventing willing air carriers or other
9
transportation providers from entering into interline
10
agreements or conducting related practices;
11
(2) require air carriers to explicitly notify pas-
12
sengers when they are eligible to be provided trans-
13
portation by another air carrier or a provider of an-
14
other mode of transportation;
15
(3) after an eligible passenger is notified under
16
paragraph (2), require air carriers to attempt to
17
provide to the passenger transportation through an-
18
other air carrier or a provider of another mode of
19
transportation, upon the passenger’s request, if the
20
air carrier has an interline agreement with the other
21
air carrier or transportation provider;
22
(4) prohibit air carriers and other transpor-
23
tation providers from unduly or improperly influ-
24
encing the decision of a partner, subsidiary, or ven-
25
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•S 178 IS
dor to enter into an interline agreement, the terms
1
or conditions of such an agreement, or related prac-
2
tices;
3
(5) account for operational records, seat avail-
4
ability, and capacity; and
5
(6) promote competition and the public interest.
6
(c) COMPLAINT AND REMEDIATION PROCESS.—The
7
complaint and remediation processes established pursuant
8
to subsection (a)(2) may provide for appropriate penalties
9
and remedies for violations of an interline agreement.
10
SEC. 106. PROTECTIONS RELATING TO SPACE FOR PAS-
11
SENGERS ON AIRCRAFT.
12
(a) MORATORIUM
ON REDUCTIONS
TO AIRCRAFT
13
SEAT SIZE.—
14
(1) IN GENERAL.—Not later than 30 days after
15
the date of the enactment of this Act, the Adminis-
16
trator shall prohibit any air carrier from reducing
17
the size, width, or pitch of seats on passenger air-
18
craft operated by the air carrier, the amount of leg
19
room per seat on such aircraft, or the width of aisles
20
on such aircraft.
21
(2)
TERMINATION.—The
prohibition
under
22
paragraph (1) shall terminate on the date on which
23
the regulations required by subsection (b) take ef-
24
fect.
25
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•S 178 IS
(b) REGULATIONS RELATING TO SPACE FOR PAS-
1
SENGERS ON AIRCRAFT.—Not later than 1 year after the
2
date of enactment of this Act, and after providing notice
3
and an opportunity for comment, the Administrator shall
4
issue regulations—
5
(1) establishing minimum dimensions for pas-
6
senger seats on aircraft operated by air carriers in
7
interstate air transportation or intrastate air trans-
8
portation, including the size, width, and pitch of
9
seats, the amount of leg room, and the width of
10
aisles on such aircraft for the safety and health of
11
passengers; and
12
(2) requiring each air carrier to p
[Text truncated for display. Full text available on Congress.gov.]