[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1303 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 1303

To amend title 49, United States Code, to improve air carrier passenger 
                               services.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 1, 2007

 Mr. Thompson of California (for himself, Mrs. Cubin, Mr. Markey, Mr. 
 Shuler, Mr. Skelton, Ms. Eshoo, Mr. George Miller of California, Mr. 
 Farr, Ms. Zoe Lofgren of California, Mr. Hare, Mr. Moran of Virginia, 
  Mr. Fattah, and Ms. Jackson-Lee of Texas) introduced the following 
    bill; which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL


 
To amend title 49, United States Code, to improve air carrier passenger 
                               services.

    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 Passenger Bill of Rights Act 
of 2007''.

SEC. 2. AIR CARRIER PASSENGER SERVICES.

    (a) In General.--Chapter 417 of title 49, United States Code, is 
amended by adding at the end the following:

            ``SUBCHAPTER IV--AIR CARRIER PASSENGER SERVICES

``Sec. 41781. Definitions
    ``In this subchapter, the following definitions apply:
            ``(1) Air transportation.--The term `air transportation' 
        includes intrastate air transportation.
            ``(2) Covered air carrier.--The term `covered air carrier' 
        means an air carrier holding a certificate issued under section 
        41102 that conducts scheduled passenger air transportation.
``Sec. 41782. Standards for air carrier passenger services
    ``(a) Passenger Complaints.--A covered air carrier shall establish 
and implement procedures for handling complaints from passengers of the 
air carrier.
    ``(b) Diversions, Delays, and Cancellations.--
            ``(1) Notification of passengers.--A covered air carrier 
        shall provide 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 the delay, cancellation, or 
                diversion; and
                    ``(B) for a delayed flight, the air carrier's best 
                estimate of departure time.
            ``(2) Methods for notification.--In complying with this 
        subsection, a covered air carrier shall use airport overhead 
        announcements, on aircraft announcements, and postings on 
        airport television monitors.
    ``(c) Departure and Arrival Delays.--
            ``(1) Right of passengers to exit an aircraft.--Subject to 
        paragraph (2), a covered air carrier operating an aircraft in a 
        flight in air transportation shall establish and implement 
        procedures to allow passengers to exit the aircraft in the case 
        of a departure or arrival delay which would otherwise require 
        passengers to remain on the aircraft on the ground prior to 
        departure or arrival for a period exceeding 3 hours.
            ``(2) Exceptions.--
                    ``(A) In general.--Paragraph (1) shall not apply--
                            ``(i) if the pilot of such flight 
                        reasonable determines that such flight will 
                        depart or arrive not later than 30 minutes 
                        after the 3-hour delay; or
                            ``(ii) if the pilot of such flight 
                        reasonable determines that permitting a 
                        passenger to deplane would jeopardize passenger 
                        safety or security.
                    ``(B) Extension of 30-minute period.--A pilot may 
                extend the 30-minute period referred to in subparagraph 
                (A)(i) by not more than an additional 30 minutes in the 
                case of an unanticipated extension of the delay.
            ``(3) Essential services.--A covered air carrier operating 
        an aircraft in air transportation shall provide for the 
        essential needs of passengers at all times during which the 
        aircraft is on the ground in the event of a departure or 
        arrival delay, including the needs of passengers for food, 
        water meeting the standards of the Safe Drinking Water Act or 
        the Federal Food, Drug, and Cosmetic Act, as appropriate, 
        sanitary facilities, medical access, adequate ventilation, and 
        comfortable cabin temperatures.
    ``(d) Chronically Delayed Flights.--
            ``(1) Publication of list of flights.--A covered air 
        carrier shall publish and update monthly on the Internet 
        website of the air carrier a list of chronically delayed 
        flights operated by the air carrier.
            ``(2) Disclosure to customers when purchasing tickets.--
        Regardless of the method used by a consumer to contact a 
        covered air carrier, the air carrier shall disclose, without 
        being requested, the on-time performance for a chronically 
        delayed flight of the air carrier whenever a customer makes a 
        reservation or purchases a ticket on such a flight.
            ``(3) Chronically delayed flight defined.--In this 
        subsection, the term `chronically delayed flight' means a 
        regularly scheduled flight in air transportation that has 
        failed to arrive within 30 minutes of the scheduled arrival 
        time of the flight at least 40 percent of the time during the 
        most recent 3-month period for which data is available.
    ``(e) Fares, Schedules, and Itineraries.--
            ``(1) Publication of information.--A covered air carrier 
        shall publish lowest fare information, and information on 
        schedules and itineraries, with respect to regularly scheduled 
        flights of the air carrier in air transportation.
            ``(2) Availability of information.--Information to be 
        published under paragraph (1) shall be updated in a timely 
        manner and shall be made available to the public on the 
        Internet website of the air carrier.
    ``(f) Baggage.--If a passenger of a covered air carrier submits a 
claim to the air carrier for lost baggage, the air carrier shall make 
every reasonable effort to return the baggage to the passenger within 
24 hours.
    ``(g) Passenger Rights Notification.--A covered air carrier shall 
prominently display for passengers of the air carrier information 
outlining the consumer rights of the passengers, including the rights 
specified in this section.
    ``(h) Contract of Carriage.--Each covered air carrier shall 
incorporate the consumer rights specified in this section into the 
contract of carriage of the air carrier.
``Sec. 41783. Procedures for departure delays
    ``(a) Procedures to Permit Pilots to Return to Airport Terminals.--
The Secretary of Transportation shall work in coordination with air 
carriers to ensure that a pilot operating an aircraft in a flight in 
air transportation that is affected by a long departure delay is 
permitted to return the aircraft to the airport terminal to allow 
passengers to exit the aircraft without losing the position of the 
flight in the departure sequence.
    ``(b) Contingency Plans for Weather Emergencies.--
            ``(1) Coordination of plans.--The Secretary shall review 
        the emergency contingency plans of air carriers and airports to 
        ensure that the plans will effectively address weather 
        emergencies in a coordinated manner.
            ``(2) Meeting.--In carrying out this subsection, the 
        Secretary shall convene a meeting of representatives of air 
        carriers, airports, and the Federal Aviation Administration to 
        develop procedures to better respond to weather emergencies 
        resulting in long departure delays.''.
    (b) Conforming Amendment.--The analysis for chapter 417 of title 
49, United States Code, is amended by adding at the end the following:

            ``subchapter iv--air carrier passenger services

``41781. Definitions.
``41782. Standards for air carrier passenger services.
``41783. Procedures for departure delays.''.
    (c) Regulations.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Transportation shall issue 
final regulations to carry out section 41782 of title 49, United States 
Code, as added by subsection (a) of this section. The regulations shall 
require covered air carriers to comply with the requirements of such 
section 41782 not later than one year after such date of enactment.

SEC. 3. DIVERTED FLIGHTS.

    (a) Study.--The Secretary of Transportation shall conduct a study 
of the ability of air carriers to provide for the essential needs of 
passengers, including adequate food and water, in cases in which a 
flight of the air carrier is diverted for an unscheduled landing at an 
airport due to a weather situation or other emergency
    (b) Report to Congress.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall transmit to Congress a 
report on the results of the study, including methods for ensuring that 
the essential needs of passengers are met in the case of a diverted 
flight described in subsection (a).
                                 <all>