[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 907 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 907

     To amend title 49, United States Code, to promote air carrier 
competition, to establish consumer protections for airline passengers, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 7, 2001

 Mr. Dingell introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
     To amend title 49, United States Code, to promote air carrier 
competition, to establish consumer protections for airline passengers, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Airline 
Competition and Passenger Rights Act of 2001''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
                    TITLE I--AIR CARRIER COMPETITION

Sec. 101. Consideration of unfair practices in issuance of certificates 
                            for foreign air transportation.
Sec. 102. Unfair methods of competition.
Sec. 103. Approval of slot transfers.
Sec. 104. Joint venture agreements between air carriers.
Sec. 105. Regulation of dominant air carriers.
Sec. 106. Reallocation of airport slots, gates, and facilities 
                            following air carrier mergers and 
                            acquisitions.
Sec. 107. Internet airline reservation systems.
Sec. 108. Federal policies on slots at high density airports.
                 TITLE II--AIRLINE PASSENGER PROTECTION

Sec. 201. Fair treatment of airline passengers.
Sec. 202. Clarification regarding enforcement of State laws.
Sec. 203. Airline passenger protection.

SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.

    Except as otherwise specifically provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision of law, the reference shall be 
considered to be made to a section or other provision of title 49, 
United States Code.

                    TITLE I--AIR CARRIER COMPETITION

SEC. 101. CONSIDERATION OF UNFAIR PRACTICES IN ISSUANCE OF CERTIFICATES 
              FOR FOREIGN AIR TRANSPORTATION.

    Section 41102(d) is amended--
            (1) by striking ``The Secretary'' and inserting the 
        following:
            ``(1) Submission of decisions to president.--The 
        Secretary'';
            (2) by adding at the end the following:
            ``(2) Consideration of unfair practices.--Before issuing a 
        certificate under subsection (a) authorizing an air carrier to 
        provide foreign air transportation, the Secretary shall 
        consider whether the air carrier has engaged in any unfair or 
        deceptive practice or unfair method of competition in air 
        transportation or the sale of air transportation in the 
        preceding 5-year period.''; and
            (3) by aligning paragraph (1) (as designated by paragraph 
        (1) of this section) with paragraph (2) (as added by paragraph 
        (2) of this section).

SEC. 102. UNFAIR METHODS OF COMPETITION.

    (a) Code Share Agreements.--Section 41712 is amended by adding at 
the end the following:
    ``(c) Code Share Agreements.--
            ``(1) In general.--It shall be an unfair method of 
        competition under subsection (a) for a major air carrier to 
        prohibit, limit, or otherwise restrict a code share partner of 
        the major air carrier from entering into a code share agreement 
        with another air carrier or foreign air carrier.
            ``(2) Definitions.--In this section, the following 
        definitions apply:
                    ``(A) Code share agreement.--The term `code share 
                agreement' means an agreement under which an air 
                carrier's designator code is used to identify a flight 
                operated by another air carrier or foreign air carrier.
                    ``(B) Code share partner.--The term `code share 
                partner', with respect to a major air carrier, means an 
                air carrier or foreign air carrier that has entered 
                into a code share agreement with the major air carrier.
                    ``(C) Major air carrier.--The term `major air 
                carrier' has the meaning given such term in section 
                41720(a).''.
    (b) Penalties.--Section 46301(a) is amended by adding at the end 
the following:
            ``(8) Maximum penalty for engaging in unfair methods of 
        competition.--Notwithstanding paragraph (1), the maximum civil 
        penalty that may be assessed against an air carrier for 
        violating section 41712 by engaging, with respect to air 
        transportation on any route, in an unfair method of competition 
        against another air carrier shall be $10,000.''.

SEC. 103. APPROVAL OF SLOT TRANSFERS.

    Section 41714 is amended by adding at the end the following:
    ``(l) Slot Transfers.--
            ``(1) Approval required.--After the date of enactment of 
        this subsection, an air carrier may transfer a slot to another 
        air carrier only if the transfer is approved by the Secretary.
            ``(2) Considerations.--In determining whether to approve 
        the transfer of a slot under paragraph (1), the Secretary shall 
        consider--
                    ``(A) the competitive effects of the transfer;
                    ``(B) whether the price to be paid for the slot is 
                above or below the market price for similar slots; and
                    ``(C) whether any air carrier was denied an 
                opportunity to purchase the slot and, if so, the 
                reasons for the denial.
            ``(3) Annual reports.--Not later than 1 year after the date 
        of enactment of this subsection, and annually thereafter, the 
        Secretary shall transmit to Congress a report on the approval 
        and disapproval of slot transfers under this subsection.''.

SEC. 104. JOINT VENTURE AGREEMENTS BETWEEN AIR CARRIERS.

    Section 41720 is amended by adding at the end the following:
    ``(i) Study of Joint Venture Agreements.--
            ``(1) In general.--The Secretary shall conduct a study of 
        joint venture agreements between air carriers to determine 
        whether such agreements constitute an unfair method of 
        competition within the meaning of section 41712.
            ``(2) Contents.--In conducting the study, the Secretary 
        shall assess--
                    ``(A) whether air carriers act as competitors with 
                their code share partners;
                    ``(B) whether joint venture agreements between air 
                carriers result in unfair competitive advantages; and
                    ``(C) such other factors as the Secretary 
                determines appropriate.
            ``(3) Reports.--
                    ``(A) Initial report.--Not later than 9 months 
                after the date of enactment of this subsection, the 
                Secretary shall transmit to Congress a report on the 
                results of the study.
                    ``(B) Updates.--The Secretary shall update the 
                study every 4 years and transmit an updated report to 
                Congress.''.

SEC. 105. REGULATION OF DOMINANT AIR CARRIERS.

    (a) In General.--Subchapter I of chapter 417 is amended by adding 
at the end the following:
``Sec. 41722. Regulation of dominant air carriers
    ``(a) Investigations.--Not later than 90 days after the date of 
enactment of this section, and biennially thereafter, the Secretary of 
Transportation shall conduct an investigation of each hub airport to 
determine whether, in the preceding 5 years, a dominant air carrier at 
the airport, if any, has--
            ``(1) charged higher than average fares for interstate air 
        transportation to or from the airport;
            ``(2) engaged in an unfair method of competition in 
        response to a new entrant air carrier at the airport; or
            ``(3) limited competition by a new entrant air carrier at 
        the airport by restricting the access of the new entrant to 
        gates, slots, or other essential facilities at the airport on 
        reasonable and competitive terms.
    ``(b) Orders.--
            ``(1) In general.--If the Secretary determines that a 
        dominant air carrier at a hub airport has engaged in an act 
        described in subsection (a), the Secretary, after providing 
        notice and an opportunity for a hearing, may order the carrier 
        to increase opportunities for competition at the airport.
            ``(2) Types of actions.--An order issued under paragraph 
        (1) may require a dominant air carrier at a hub airport--
                    ``(A) to reduce fares for interstate air 
                transportation to or from the airport;
                    ``(B) to offer reduced fares for air transportation 
                to or from the airport for a specific number of seats 
                on specific routes;
                    ``(C) to offer rebates to passengers of the carrier 
                who have been charged excessive fares for air 
                transportation to or from the airport;
                    ``(D) to make gates, slots, and other facilities at 
                the airport available to other air carriers on 
                reasonable and competitive terms;
                    ``(E) to make adjustments in the carrier's frequent 
                flyer program;
                    ``(F) to make adjustments in the carrier's 
                corporate discount arrangements and comparable 
                corporate arrangements; and
                    ``(G) to take such other actions as the Secretary 
                determines appropriate.
    ``(c) Non-Hub Airports.--On the initiative of the Secretary or in 
response to a complaint filed with the Secretary, the Secretary may 
conduct an inquiry described in subsection (a) at an airport other than 
a hub airport and may order the dominant air carrier at the airport, if 
any, to take actions described in subsection (b).
    ``(d) Considerations.--In determining whether to require a dominant 
air carrier to reduce a fare for air transportation under subsection 
(b), the Secretary shall consider among other factors--
            ``(1) whether the fare or average fare is higher than the 
        fare or average fare charged by the carrier on other routes in 
        air transportation of comparable distances;
            ``(2) whether the fare or average fare has increased by a 
        significant amount in excess of any increase in the cost to 
        operate flights on the route; and
            ``(3) whether the range of fares specified on the route 
        offers a reasonable balance and a fair allocation of costs 
        between passengers who are primarily price sensitive and 
        passengers who are primarily time sensitive.
    ``(e) Definitions.--In this section, the following definitions 
apply:
            ``(1) Air transportation.--The term `air transportation' 
        includes intrastate air transportation.
            ``(2) Dominant air carrier.--The term `dominant air 
        carrier', with respect to an airport, means an air carrier that 
        accounts for more than 40 percent of the total annual boardings 
        at the airport in the preceding 2-year period or a shorter 
        period specified in paragraph (4).
            ``(3) Hub airport.--The term `hub airport' means an airport 
        that each year has at least .25 percent of the total annual 
        boardings in the United States.
            ``(4) New entrant air carrier.--The term `new entrant air 
        carrier', with respect to a airport, means an air carrier that 
        accounts for less than 10 percent of the total annual boardings 
        at the airport in the preceding 2-year period or in a shorter 
        period specified by the Secretary if the carrier has operated 
        at the airport less than 2 years.''.
    (b) Conforming Amendment.--The analysis for subchapter I of chapter 
417 is amended by adding at the end the following:

``41722. Regulation of dominant air carriers.''.

SEC. 106. REALLOCATION OF AIRPORT SLOTS, GATES, AND FACILITIES 
              FOLLOWING AIR CARRIER MERGERS AND ACQUISITIONS.

    (a) In General.--Subchapter I of chapter 417, as amended by section 
105(a) of this Act, is amended by adding at the end the following:
``Sec. 41723. Reallocation of airport slots, gates, and facilities 
              following air carrier mergers and acquisitions
    ``(a) Mergers and Acquisitions Resulting in Dominant Air 
Carriers.--If, after January 1, 2001, a major air carrier acquires the 
assets or voting securities of any other air carrier (or a substantial 
portion of such assets or voting securities), the Secretary of 
Transportation shall conduct a review of the airports served by the air 
carrier established as result of such acquisition to determine whether 
the air carrier is a dominant air carrier at any of such airports.
    ``(b) Reallocation of Slots, Gates, and Facilities.--If the 
Secretary determines under subsection (a) that an air carrier is a 
dominant air carrier at an airport, the Secretary shall--
            ``(1) issue an order requiring the operator of the airport 
        to reallocate (including by modification of existing contracts, 
        as necessary) 10 percent of the airport gates and facilities 
        that are leased to the dominant air carrier to new entrant air 
        carriers (if there is sufficient demand for such gates and 
        facilities by new entrant air carriers); and
            ``(2) if the airport is a high density airport, reallocate 
        20 percent of the slots of the dominant air carrier to new 
        entrant air carriers (if there is sufficient demand for such 
        slots by new entrant air carriers).
    ``(c) Deadline.--The reallocation of slots and airport gates and 
facilities under subsection (b) shall be completed not later than 1 
year after the date of the acquisition referred to in subsection (a).
    ``(d) Noncompliance by Airports.--
            ``(1) Penalty for noncompliance.--
                    ``(A) First year.--If an airport does not comply 
                with an order issued under subsection (b)(1), the 
                Secretary shall withhold, on the first day of the first 
                fiscal year following the date of such noncompliance, 5 
                percent of the amount required to be apportioned to the 
                airport for such fiscal year under section 47114.
                    ``(B) Subsequent years.--On the first day of each 
                fiscal year following a fiscal year for which the 
                Secretary withholds amounts from the apportionment of 
                an airport under subparagraph (A), the Secretary shall 
                withhold 10 percent of the amount required to be 
                apportioned to the airport for such fiscal year under 
                section 47114 unless the airport complies with the 
                order referred to in subparagraph (A) throughout the 
                preceding fiscal year.
            ``(2) Effect of noncompliance.--Funds withheld from the 
        apportionment of an airport under paragraph (1) shall be added 
        to the discretionary fund.
    ``(e) Definitions.--In this section, the following definitions 
apply:
            ``(1) Airport facilities.--The term `airport facilities' 
        includes ticket counters, office space, space to house 
        computers, and aprons at airports.
            ``(2) Dominant air carrier.--The term `dominant air 
        carrier' means--
                    ``(A) with respect to a high density airport, an 
                air carrier that has (or is projected in the following 
                year to have) at least 20 percent of the annual 
                passenger boardings at the airport; and
                    ``(B) with respect to an airport other than a high 
                density airport, an air carrier that accounts for (or 
                is projected in the following year to account for) at 
                least 40 percent of the annual passenger boardings at 
                the airport.
            ``(3) New entrant air carrier.--The term `new entrant air 
        carrier', with respect to a airport, means an air carrier that 
        accounts for less than 10 percent of the total annual boardings 
        at the airport.
            ``(4) High density airport; slot.--The terms `high density 
        airport' and `slot' have meanings given such terms by section 
        41714(h).
            ``(5) Major air carrier.--The term `major air carrier' has 
        the meaning given such term by section 41720.''.
    (b) Conforming Amendment.--The analysis for subchapter I of chapter 
417, as amended by section 105(b) of this Act, is amended by adding at 
the end the following:

``41723. Reallocation of airport slots, gates, and facilities following 
                            air carrier mergers and acquisitions.''.

SEC. 107. INTERNET AIRLINE RESERVATION SYSTEMS.

    (a) Study.--The Comptroller General shall conduct a study on how 
air carrier competition would be affected by the establishment of an 
airline reservation system on the Internet by a group of major air 
carriers.
    (b) Contents.--The study shall include an analysis of how an 
airline reservation system described in subsection (a) would affect the 
method by which consumers purchase tickets for air transportation, 
including the effects of such a system on ticket agents.
    (c) Reports.--Not later than 90 days after the date of enactment of 
this Act, the Comptroller General shall transmit to Congress a report 
on the results of the study.

SEC. 108. FEDERAL POLICIES ON SLOTS AT HIGH DENSITY AIRPORTS.

    (a) Study.--The Comptroller General shall conduct a study on 
current and evolving Federal policies on slots at high density 
airports.
    (b) Contents.--In conducting the study, the Comptroller General 
shall assess--
            (1) the significance of Department of Transportation 
        policies and practices on the control and allocation of slots 
        at high density airports, including the impact of permitting 
        air carriers to control slots on air carrier competition, 
        system capacity, and industry restructuring; and
            (2) the potential for replacing airline ticket taxes with 
        scarcity-reflective pricing of slots (including appropriate 
        policies to preserve competition and service to small- and 
        medium-sized communities).
    (c) Report.--Not later than 18 months after the date of enactment 
of this Act, the Comptroller General shall transmit to Congress a 
report on the results of the study.

                 TITLE II--AIRLINE PASSENGER PROTECTION

SEC. 201. FAIR TREATMENT OF AIRLINE PASSENGERS.

    Section 41712, as amended by section 102(a) of this Act, is amended 
by adding at the end the following:
    ``(d) Specific Practices.--For purposes of subsection (a), the 
terms `unfair or deceptive practice' and `unfair method of competition' 
include each of the following:
            ``(1) Access to fares; consistently delayed flights.--
        Regardless of the method used by a consumer to contact an air 
        carrier or foreign air carrier, the failure of the carrier--
                    ``(A) to inform the consumer of the lowest 
                available fare from the carrier for the air 
                transportation requested by the consumer on the date 
                and in the class of service specified by the consumer, 
                as well as the number of seats available at that fare;
                    ``(B) to provide the consumer with full access to 
                all fares for air transportation provided by the 
                carrier; or
                    ``(C) to inform the consumer if the air 
                transportation requested by the consumer includes a 
                flight segment that in the preceding calendar month, at 
                least 40 percent of the time, was either canceled or 
                delayed by 30 minutes or more past the flight segment's 
                scheduled arrival time.
            ``(2) Pricing policies.--Any action of an air carrier or 
        foreign air carrier--
                    ``(A) to prohibit a person (including a 
                governmental entity) that purchases air transportation 
                from only using a portion of the air transportation 
                purchased (including using the air transportation 
                purchased only for 1-way travel instead of round-trip 
                travel); or
                    ``(B) to assess an additional fee on or charge to--
                            ``(i) such a person; or
                            ``(ii) any ticket agent that sold the air 
                        transportation to such person.
            ``(3) Termination of ticket agents.--In the case of a 
        termination, cancellation, nonrenewal, or substantial change in 
        the competitive circumstances of the appointment of a ticket 
        agent by an air carrier or foreign air carrier, the failure of 
        the air carrier or foreign air carrier--
                    ``(A) to provide the ticket agent with written 
                notice, and a full statement of reasons for the action, 
                on or before the 90th day preceding the action; and
                    ``(B) to provide the ticket agent with at least 60 
                days to correct any deficiency claimed in the written 
                notice,
        except in cases of insolvency, an assignment for the benefit of 
        creditors, bankruptcy, or nonpayment of sums due under the 
        appointment.''.

SEC. 202. CLARIFICATION REGARDING ENFORCEMENT OF STATE LAWS.

    Section 41713(b)(1) is amended by striking ``related to a price, 
route, or service of an air carrier that may provide air transportation 
under this subpart'' and inserting ``that directly prescribes a price, 
route, or level of service for air transportation provided by an air 
carrier under this subpart''.

SEC. 203. AIRLINE PASSENGER PROTECTION.

    (a) In General.--Subchapter I of chapter 417, as amended by section 
106(a) of this Act, is amended by adding at the end the following:
``Sec. 41724. Air carrier passenger protection
    ``(a) Emergency Plans.--
            ``(1) In general.--An air carrier shall ensure access to 
        necessary services and conditions, including food, water, 
        restroom facilities, and the ability to deplane in the event of 
        a weather or other emergency, for all passengers boarded on a 
        flight segment of the air carrier in air transportation.
            ``(2) Submittal of plans.--The Secretary of Transportation 
        shall require each air carrier to submit to the Secretary an 
        emergency plan containing a detailed description of actions 
        that will be taken by the carrier to comply with paragraph (1).
            ``(3) Failure to submit plans.--The Secretary shall suspend 
        the authority of an air carrier to provide air transportation 
        if the carrier fails to submit a plan in accordance with 
        paragraph (2). The suspension shall continue until the carrier 
        submits the plan.
            ``(4) Regulations.--Not later than 180 days after the date 
        of enactment of this section, the Secretary shall issue final 
        regulations to require plans under paragraph (2).
    ``(b) Right To Exit Aircraft.--No air carrier operating an aircraft 
in air transportation shall prevent or hinder (including by failing to 
assist) any passenger from exiting the aircraft (under the same 
circumstances as any member of the flight crew is permitted to exit the 
aircraft) if--
            ``(1) the aircraft is parked at an airport terminal gate 
        with access to ramp or other facilities through which 
        passengers are customarily boarded and deplaned;
            ``(2) the aircraft has remained at the gate more than 1 
        hour past its scheduled departure time; and
            ``(3) the captain of the aircraft has not been informed by 
        air traffic control authorities that the aircraft can be 
        cleared for departure within 15 minutes.
    ``(c) Delay, Cancellation, or Diversion.--
            ``(1) Explanation required.--An announcement by an air 
        carrier of (A) a delay or cancellation of a flight segment, or 
        (B) a diversion of a flight segment to an airport other than 
        the airport at which the flight segment is scheduled to land, 
        shall include an explanation of the reason or reasons for the 
        delay, cancellation, or diversion.
            ``(2) Prohibition on false or misleading explanations.--No 
        air carrier shall provide an explanation under paragraph (1) 
        that the air carrier knows or has reason to know is false or 
        misleading.
            ``(3) Timeliness of information.--
                    ``(A) In general.--An air carrier shall provide a 
                passenger with timely notice of a delay or cancellation 
                of the flight segment.
                    ``(B) Information monitors at airports.--In 
                complying with subparagraph (A), an air carrier shall 
                ensure that information monitors at the airport 
                concerned display timely and accurate arrival and 
                departure information.
                    ``(C) Advance notice of delays and cancellations.--
                In complying with subparagraph (A), an air carrier, 
                whenever practicable, shall attempt to provide a 
                passenger with notice of a delay or cancellation of a 
                flight segment before the passenger departs for the 
                airport.
            ``(4) Regulations.--Not later than 1 year after the date of 
        enactment of this section, the Secretary shall issue 
        regulations to carry out this subsection.
    ``(d) Excessive Departure and Arrival Delay.--
            ``(1) Liability imposed.--An air carrier shall be liable to 
        each passenger on a flight segment of the air carrier in air 
        transportation for an excessive departure or arrival delay of 
        the aircraft.
            ``(2) Amount of liability.--
                    ``(A) Delays of more than 2 but less than 3 
                hours.--If the excessive departure or arrival delay is 
                more than 2 but less than 3 hours, the amount of 
                liability under paragraph (1) shall be 200 percent of 
                the price paid by the passenger for transportation by 
                the air carrier.
                    ``(B) Delays of 3 hours or more.--If the excessive 
                departure or arrival delay is 3 hours or more, the 
                amount of liability under paragraph (1) shall be--
                            ``(i) the amount determined under 
                        subparagraph (A), plus
                            ``(ii) an additional 100 percent of the 
                        price paid by the passenger for such 
                        transportation multiplied by the number of 
                        hours (or portion thereof) that such period 
                        exceeds 3 hours.
            ``(3) Excessive departure or arrival delay.--In paragraph 
        (1), the term `excessive departure or arrival delay' means a 
        period of time in excess of 2 hours--
                    ``(A) in the case of departure delay, beginning 
                when the door of an aircraft is closed at an airport 
                and ending when the aircraft takes off from the airport 
                or when the door of the aircraft is open for deplaning 
                of passengers at the airport; and
                    ``(B) in the case of arrival delay, beginning upon 
                touchdown of an aircraft at an airport and ending when 
                the door of the aircraft is open for deplaning of 
                passengers at the airport.
            ``(4) Treatment of certain delays.--Notwithstanding 
        paragraph (3), a departure delay in excess of 2 hours shall not 
        be treated as an excessive departure delay for purposes of 
        paragraph (1) if the Administrator of the Federal Aviation 
        Administration determines that the departure delay was the 
        result of--
                    ``(A) an air traffic control directive and that the 
                carrier did not receive notification that it would 
                receive such directive prior to the scheduled departure 
                time of the flight; or
                    ``(B) a mechanical problem with the aircraft or 
                other safety concern.
    ``(e) Overbooking.--
            ``(1) Compensation.--In addition to compensation required 
        on the date of enactment of this subsection under part 250 of 
        title 14, Code of Federal Regulations, an air carrier shall 
        provide, at a minimum, to a passenger who is denied boarding 
        involuntarily from an oversold flight segment in air 
        transportation on which the passenger has a confirmed seat--
                    ``(A) alternate transportation to the passenger's 
                final destination;
                    ``(B) reasonable and immediate compensation for 
                food; and
                    ``(C) if the scheduled departure time of the 
                alternate transportation is not within the same day as 
                the passenger's originally scheduled departure time, 
                reasonable and immediate compensation for hotel costs.
            ``(2) Check in time.--A passenger shall be eligible for 
        involuntary denied boarding compensation under this section and 
        applicable regulations of the Department of Transportation with 
        respect to a flight segment of an air carrier if the passenger 
        checks in for the flight segment at the appropriate airport 
        gate at any time before the door of the aircraft for the flight 
        segment is closed at the airport gate.
            ``(3) Regulations.--Not later than 90 days after the date 
        of enactment of this section, the Secretary shall modify 
        regulations contained in part 250 of title 14, Code of Federal 
        Regulations, to conform with the requirements of this 
        subsection and to adjust the maximum dollar amounts specified 
        in section 250.5 of such title to account for inflation.''.
    (b) Conforming Amendment.--The analysis for subchapter I of chapter 
417, as amended by section 106(b) of this Act, is amended by adding at 
the end the following:

``41724. Airline passenger rights.''.
    (c) Passenger Rights Publication.--Not later than 180 days after 
the date of enactment of this Act, the Secretary shall, by rule--
            (1) issue a statement that outlines consumer rights of air 
        passengers, including each of the rights specified in section 
        41724 of title 49, United States Code, as added by this 
        section; and
            (2) requires an air carrier to provide the statement to 
        each passenger of the carrier, by conspicuous written material 
        included--
                    (A) on a safety placard given to the passenger on 
                board an aircraft;
                    (B) on information available to the passenger at 
                each ticket counter of the air carrier; and
                    (C) on or with the passenger's ticket.
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