[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1792 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 1792
To amend title 49, United States Code, to ensure that air carriers meet
their obligations under the Airline Customer Service Agreement, and
provide improved passenger service in order to meet public convenience
and necessity.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 9, 2001
Mr. Watts of Oklahoma introduced the following bill; which was referred
to the Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to ensure that air carriers meet
their obligations under the Airline Customer Service Agreement, and
provide improved passenger service in order to meet public convenience
and necessity.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Airline Customer Service Improvement
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Airline traffic in the United States is increasing. The
number of passengers carried by United States air carriers has
nearly tripled since 1978, to over 660 million annually. The
number is expected to grow to more than 1 billion by 2010. The
number of domestic flights has been steadily increasing as
well.
(2) The Inspector General of the Department of
Transportation has found that this growth in traffic has been
accompanied by increases in delays, cancellations, and customer
dissatisfaction with air carrier service.
(A) The Federal Aviation Administration has
reported that, between 1995 and 2000, delays increased
90 percent and cancellations increased 104 percent. In
2000, over 1 in 4 flights were delayed, canceled, or
diverted, affecting approximately 163 million
passengers.
(B) At the 30 largest United States airports, the
number of flights with taxi-out times of 1 hour or more
increased 165 percent between 1995 and 2000. The number
of flights with taxi-out times of 4 hours or more
increased 341 percent during the same period.
(C) Certain flights, particularly those scheduled
during peak periods at the nation's busiest airports,
are subject to chronic delays. In December, 2000, 626
regularly scheduled flights arrived late 70 percent of
the time or more, as reported by the Department of
Transportation.
(D) The number of consumer complaints filed with
the Department of Transportation about airline travel
has nearly quadrupled since 1995. According to the
Department of Transportation's Inspector General, air
carriers receive between 100 and 400 complaints for
every complaint filed with the Department of
Transportation.
(3) During the same time period in which the number of
complaints about airline travel has increased, the resources
devoted to the Department of Transportation's handling of such
complaints have declined sharply. The Department of
Transportation's Inspector General has reported that the
staffing of the Department of Transportation office responsible
for handling airline customer service complaints declined from
40 in 1985 to just 17 in 2000.
(4) In June, 1999, the Air Transport Association and its
member airlines agreed to an Airline Customer Service
Commitment designed to address mounting consumer
dissatisfaction and improve customer service in the industry.
(5) The Inspector General of the Department of
Transportation has found that the airlines' voluntary
commitment to better service, set forth in the Airline Customer
Service Commitment, has resulted in positive changes in how air
travelers are treated.
(6) While the Inspector General's final report noted that
the voluntary effort has produced benefits faster than would a
legislative or regulatory mandate, which could have taken years
to implement, the Inspector General has recommended additional
changes that require legislation and regulations.
(7) The Airline Customer Service Commitment has prompted
the airlines to address consumer concerns in many areas,
ranging from providing information more accurately on delays to
explaining that lower fares may be available through the
Internet.
(8) Air carriers need to do more, in the areas under their
control, to reduce over-scheduling, the number of chronically
late or chronically canceled flights, and the amount of checked
baggage that does not show up with the passenger upon arrival.
(9) The airlines were cooperative with, and responsive to,
many of the suggestions the Inspector General made in the
interim report last year.
(10) The Inspector General has determined that, while there
has been significant progress in improving airline customer
service, certain areas covered by the Airline Customer Service
Commitment are in need of significant clarification and
improvement and, where appropriate, enforcement action.
SEC. 3. DEPARTMENT OF TRANSPORTATION TO DEVOTE GREATER RESOURCES TO
AIRLINE PASSENGER CONSUMER PROTECTION.
(a) In General.--The Secretary of Transportation shall increase the
resources of the Department of Transportation allocated to providing--
(1) airline passenger consumer protection and related
services; and
(2) oversight and enforcement of laws and regulations
within the jurisdiction of the Department that provide
protection for air travelers.
(b) Report.--Within 60 days after the date of enactment of this
Act, the Secretary shall report to the Senate Committee on Commerce,
Science, and Transportation and the House Committee on Transportation
and Infrastructure measures taken by the Secretary to carry out
subsection (a), together with a request for additional funds or
measures, if necessary, to carry out that subsection fully.
SEC. 4. AIRLINE CUSTOMER SERVICE COMMITMENT.
(a) In General.--Chapter 417 of title 49, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER IV--AIRLINE CUSTOMER SERVICE
``Sec. 41781. Airline customer service requirements
``(a) In General.--Within 60 days after the date of enactment of
the Airline Customer Service Improvement Act, each large air carrier
shall incorporate in its contract of carriage--
``(1) the provisions of the Airline Customer Service
Commitment executed by the Air Transport Association and 14 of
its member airlines on June 17, 1999; and
``(2) its customer service plan developed in accordance
with that Commitment to the extent that the plan is more
specific or broader than the Commitment.
``(b) Additional Obligations.--Within 60 days after the date of
enactment of the Airline Customer Service Improvement Act, each large
air carrier shall institute the following practices:
``(1) Provide to customers at an airport and on board an
aircraft, in a timely, reasonable, and truthful manner, the
best information available to the air carrier regarding a
delay, cancellation, or diversion affecting the customers'
flight, including--
``(A) the cause of any such delay, cancellation, or
diversion; and
``(B) for a delayed flight, the air carrier's best
estimate of the departure time.
``(2) Offer the lowest fare available for which a customer
is eligible at the air carrier's ticket offices and airport
ticket service counters for the date, flight, and class of
service requested.
``(3) Notify customers that lower fares may be available
through other distribution systems, including Internet
websites.
``(4) Provide, no later than the 5th day of each month, the
air carrier's on-time performance rate for each scheduled
flight for the most recently ended month for which data is
available through its Internet website.
``(5) Disclose, without being requested, the on-time
performance and cancellation rate for a chronically delayed or
chronically canceled flight whenever a customer makes a
reservation or purchases a ticket on such a flight.
``(6) Establish a plan with respect to passengers who must
unexpectedly remain overnight during a trip due to flight
delays, cancellations, or diversions.
``(7) Tell all passengers on a flight what the air carrier
is required to pay passengers involuntarily denied boarding
before making offers to passengers to induce them to relinquish
seats voluntarily.
``(c) Compliance Assurance.--
``(1) Air carrier functions.--Each large air carrier also
shall--
``(A) establish a customer service quality
assurance and performance measurement system within 90
days after the date of enactment of the Airline
Customer Service Improvement Act;
``(B) establish an internal audit process to
measure compliance with the commitments and obligations
under subsections (a) and (b) within 90 days after the
date of enactment of the Airline Customer Service
Improvement Act; and
``(C) cooperate fully with any Department of
Transportation audit of its customer service quality
assurance system or review of its internal audit.
``(2) DOT functions.--The Secretary of Transportation
shall--
``(A) monitor compliance by large air carriers with
the requirements of this section and take such action
under subpart IV of this title as may be necessary to
enforce compliance with this section under subpart IV
of this title;
``(B) monitor, in particular, and enforce air
carrier performance under paragraphs (1), (2), (3),
(5), and (7) of subsection (b), focusing on practices
and patterns of conduct rather than specific incidents
of failure to follow the air carrier's established
practices;
``(C) monitor air carrier customer service quality
assurance and performance measurement systems to ensure
that air carriers are meeting fully their airline
passenger service commitments; and
``(D) review the internal audits conducted by air
carriers of their air carrier customer service quality
assurance and performance measurement systems.
``(d) Definitions.--In this section:
``(1) Large air carrier.--The term `large air carrier'
means an air carrier holding a certificate issued under section
41102 that conducts scheduled passenger air transportation
and--
``(A) operates aircraft designed to have a maximum
passenger capacity of more than 60 seats or a maximum
payload capacity of more than 18,000 pounds; or
``(B) conducts operations where one or both
terminals of a flight stage are outside the 50 States
of the United States, the District of Columbia, the
Commonwealth of Puerto Rico and the U.S. Virgin
Islands.
``(2) Chronically delayed flight.--The term `chronically
delayed flight' means a regularly scheduled flight that has
failed to arrive on time (as defined in section 234.2 of title
14, Code of Federal Regulations) at least 40 percent of the
time during the most recent 3-month period for which data are
available.
``(3) Chronically canceled flight.--The term `chronically
canceled flight' means a regularly scheduled flight at least 30
percent of the departures of which have been canceled during
the most recent 3-month period for which data are available.''.
(b) Enforcement.--Section 46301(a)(7) of title 49, United States
Code, is amended by striking ``40127 or 41712'' and inserting ``40127,
41712, or 41781''.
(c) Conforming Amendment.--The chapter analysis for chapter 417 of
title 49, United States Code, is amended by adding at the end the
following:
``subchapter iv--airline customer service
``41781. Airline customer service requirements.''.
SEC. 5. OTHER SERVICE-ENHANCING IMPROVEMENTS.
(a) In General.--Within 90 days after the date of enactment of this
Act, each large air carrier (as defined in section 41781(d)(1) of title
49, United States Code) shall--
(1) establish realistic targets for reducing chronically
delayed and chronically canceled flights;
(2) establish a system passengers may use before departing
for the airport to determine whether there is a lengthy flight
delay or whether a flight has been canceled;
(3) establish realistic performance goals for reducing the
number of mishandled bags;
(4) develop and implement a system for tracking and
documenting the amount of time between the receipt of a
passenger's claim for missing baggage and the delivery of the
baggage to the passenger, including the time taken by a courier
or other delivery service to deliver found baggage to the
passenger;
(5) monitor and report its efforts to improve services
provided to passengers with disabilities and special needs,
including services provided at airports such as check-in,
passenger security screening (particularly for passengers who
use wheelchairs), boarding, and disembarkation;
(6) clarify terminology used to advise passengers of
unscheduled delays or interruptions in service, such as
``extended period of time'' and ``emergency'', in order to
inform passengers better about what they can expect during on-
board delays;
(7) ensure that comprehensive passenger service contingency
plans are properly maintained and that the plans, and any
changes to those plans, are coordinated with local airport
authorities and the Federal Aviation Administration;
(8) ensure that master airport flight information display
monitors contain accurate, up-to-date flight information and
that the information is consistent with that shown on the
carrier's flight information display monitors;
(9) establish a toll-free telephone number that a passenger
may use to check on the status of checked baggage that was not
delivered on arrival at the passenger's destination;
(10) if it maintains a domestic code-share arrangement with
another air carrier, conclude an agreement under which it will
conduct an annual audit of the code-share air carrier's
compliance with the Airline Customer Service Commitment; and
(11) if it has a frequent flyer program, make available to
the public a comprehensive report of frequent flyer redemption
information in its customer literature and annual reports,
including information on the percentage of successful
redemption of frequent flyer awards and the number of seats
available for such awards in the air carrier's top 100 origin
and destination markets.
(b) Initial Response Reports.--
(1) Air carriers.--Within 90 days after the date of
enactment of this Act, each large air carrier shall report to
the Secretary of Transportation on its implementation of the
obligations imposed on it by this Act.
(2) Secretary.--Within 270 days after the date of enactment
of this Act, the Secretary of Transportation shall report to
the Congress on the implementation by large air carriers of the
obligations imposed on them by this Act, together with such
additional findings and recommendations for additional
legislative or regulatory action as the Secretary deems
appropriate.
SEC. 6. IMPROVED DOT STATISTICS.
(a) Missing Baggage.--In calculating and reporting the rate of
mishandled baggage for air carriers, the Department of Transportation
shall not take into account passengers who do not check any baggage.
(b) Chronically Delayed or Canceled Flights.--The Office of
Aviation Enforcement and Proceedings of the Department of
Transportation, in coordination with the Bureau of Transportation
Statistics of the Department of Transportation, shall include a table
in the Air Travel Consumer Report that shows flights that are
chronically delayed or chronically canceled (as defined in section
41781(d) (2) and (3), respectively, of title 49, United States Code).
SEC. 7. DOT REGULATIONS ON BUMPING.
(a) Uniform Check-in Deadline.--The Secretary of Transportation
shall initiate a rulemaking within 30 days after the date of enactment
of this Act to amend the Department of Transportation's Regulations to
consider establishing a uniform check-in deadline and to require air
carriers to disclose, both in their contracts of carriage and on ticket
jackets, their policies on how those deadlines apply to passengers
making connections.
(b) Bumped Passenger Compensation.--The Secretary of Transportation
shall initiate a rulemaking within 30 days after the date of enactment
of this Act to amend section 250.5 of the Department of
Transportation's Regulations (14 C.F.R. 250.5) governing the amount of
denied boarding compensation for passengers denied boarding
involuntarily to increase the maximum amount thereof.
(c) Clarify Certain Terms.--The Secretary of Transportation shall
clarify the terms ``any undue or unreasonable preference or advantage''
and ``unjust or unreasonable prejudice or disadvantage'', as used in
section 250.3 of the Department of Transportation's Regulations (14
C.F.R. 250.3), for purposes of air carrier priority rules or criteria
for passengers denied boarding involuntarily.
SEC. 8. STUDY OF DAMAGE TO PASSENGERS WITH DISABILITIES' EQUIPMENT.
The Secretary of Transportation shall conduct a study of incidents
of damage to equipment of passengers with disabilities attributable to
air carriers' treatment of that equipment.
SEC. 9. REVIEW OF REGULATIONS.
Within 1 year after the date of enactment of this Act, the
Secretary shall complete a thorough review of the Department of
Transportation's regulations that relate to air carriers' treatment of
customers, and make such modifications as may be necessary or
appropriate to promote the purposes of this Act or otherwise protect
consumers.
SEC. 10. EMERGENCY MEDICAL ASSISTANCE.
(a) In General.--Subchapter I of chapter 417 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 41722. Airline passenger emergency in-flight medical care
``(a) In General.--The Secretary of Transportation shall prescribe
regulations to establish minimum standards for resuscitation, emergency
medical, and first-aid equipment and supplies to be carried on-board an
aircraft operated by an air carrier in air transportation that is
capable of carrying at least 30 passengers.
``(b) Factors Considered.--In prescribing regulations under
subsection (a), the Secretary shall consider--
``(1) the weight and size of the equipment described in
subsection (a);
``(2) the need for special training of air carrier
personnel to operate the equipment safely and effectively;
``(3) the space limitations of each type of aircraft to
which the standards apply;
``(4) the effect of the regulations on aircraft operations;
``(5) the practical experience of airlines in carrying and
operating similar equipment, and whether any air carriers are
already training appropriate personnel to an acceptable level
of proficiency in the operation of such equipment and the
provision of first-aid; and
``(6) such other factors as the Secretary finds relevant.
``(c) Consultation With Surgeon General.--Before prescribing
regulations under subsection (a), the Secretary shall consult with the
Surgeon General of the United States.''.
(b) Conforming Amendment.--The chapter analysis for chapter 417 of
title 49, United States Code, is amended by inserting after the item
relating to section 41721 the following:
``41722. Airline passenger emergency in-flight medical care.''.
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