[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 319 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 319

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 SENATE OF THE UNITED STATES

                           February 13, 2001

 Mr. McCain (for himself, Mr. Hollings, and Mrs. Hutchison) introduced 
the following bill; which was read twice and referred to the Committee 
                on Commerce, Science, and Transportation

_______________________________________________________________________

                                 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) 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.
            (2) While the Inspector General's Final report noted that 
        the voluntary effort has produced benefits faster than a 
        legislative or regulatory mandate, which could have taken years 
        to implement, the Inspector General has recommended additional 
        changes that require legislation and regulations.
            (3) 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.
            (4) The airlines were cooperative with, and responsive to, 
        many of the suggestions the Inspector General made in the 
        interim report last year.
            (5) 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 the provisions of the Airline Customer Service 
Commitment executed by the Air Transport Association and 14 of its 
member airlines on June 17, 1999, in its contract of carriage.
    ``(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) Include fares available at the air carrier's ticket 
        offices and airport ticket service counters when quoting the 
        lowest fare available to passengers.
            ``(2) Notify customers that lower fares may be available 
        through other distribution systems, including Internet 
        websites.
            ``(3) 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.
            ``(4) Disclose, without being requested, the on-time 
        performance and cancellation rate for a chronically-delayed or 
        canceled flight whenever a customer makes a reservation or 
        purchases a ticket on such a flight.
            ``(5) Establish a plan with respect to passengers who must 
        unexpectedly remain overnight during a trip due to flight 
        delays, cancellations, or diversions.
            ``(6) 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 voluntarily 
        to relinquish seats.
    ``(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 its 
                customer service plan 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 air carrier customer service quality 
                assurance and performance measurement systems to ensure 
                that air carriers are meeting fully their airline 
                passenger service commitments; and
                    ``(C) 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--
                    ``(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 or canceled.--A flight shall be 
        considered to be chronically-delayed or canceled if at least 40 
        percent of the flight's departures are delayed for at least 15 
        minutes or at least 40 percent of the flights are canceled.''.
    (b) Enforcement.--Section 46301(a)(7) of title 49, United States 
Code, is amended by striking ``40112 or 41727'' and inserting ``40112, 
41727, 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)) shall--
            (1) establish realistic targets for reducing chronically-
        delayed and 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) 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;
            (4) 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;
            (5) clarify terminology used to advise passengers of 
        unscheduled delays or interruptions in service, such as 
        ``extended period of time'' and ``emergency'', in order better 
to inform passengers about what they can expect during on-board delays;
            (6) 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;
            (7) 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;
            (8) 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;
            (9) if it maintains a domestic code-share arrangement with 
        another air carrier, conclude an agreement under which it will 
        conduct an annual audit of that air carrier's compliance with 
        the other air carrier's airline customer service commitment; 
        and
            (10) if it has a frequent flyer program, make available to 
        the public a comprehensive report of frequent flyer redemption 
        information in their 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 chronically 
delayed by 15 minutes or more and flights canceled 40 percent or more 
for 3 consecutive months or more.

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 
establish 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 the Department of Transportation's Regulation (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.
                                 <all>