[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6355 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6355

 To amend title 49, United States Code, to provide for improvements in 
        the quality of airline services, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 24, 2008

 Mr. Oberstar (for himself and Mr. Costello) introduced the following 
    bill; which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To amend title 49, United States Code, to provide for improvements in 
        the quality of airline services, 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 ``Air Service 
Improvement Act of 2008''.
    (b) Table of Contents.--

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

Sec. 101. Monthly air carrier reports.
Sec. 102. Air passenger service improvements.
Sec. 103. Review of air carrier flight delays, cancellations, and 
                            associated causes.
Sec. 104. European Union rules for passenger rights.
Sec. 105. Establishment of advisory committee for aviation consumer 
                            protection.
Sec. 106. Denied boarding compensation.
Sec. 107. Expansion of DOT airline consumer complaint investigations.
                        TITLE II--FAA EMPLOYEES

Sec. 201. Federal Aviation Administration personnel management system.

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

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

                   TITLE I--AIR SERVICE IMPROVEMENTS

SEC. 101. MONTHLY AIR CARRIER REPORTS.

    (a) In General.--Section 41708 is amended by adding at the end the 
following:
    ``(c) Diverted and Cancelled Flights.--
            ``(1) Monthly reports.--The Secretary shall require an air 
        carrier referred to in paragraph (2) to file with the Secretary 
        a monthly report on each flight of the air carrier that is 
        diverted from its scheduled destination to another airport and 
        each flight of the air carrier that departs the gate at the 
        airport at which the flight originates but is cancelled before 
        wheels-off time.
            ``(2) Applicability.--An air carrier that is required to 
        file a monthly airline service quality performance report under 
        subsection (b) shall be subject to the requirement of paragraph 
        (1).
            ``(3) Contents.--A monthly report filed by an air carrier 
        under paragraph (1) shall include, at a minimum, the following 
        information:
                    ``(A) For a diverted flight--
                            ``(i) the flight number of the diverted 
                        flight;
                            ``(ii) the scheduled destination of the 
                        flight;
                            ``(iii) the date and time of the flight;
                            ``(iv) the airport to which the flight was 
                        diverted;
                            ``(v) wheels-on time at the diverted 
                        airport;
                            ``(vi) the time, if any, passengers 
                        deplaned the aircraft at the diverted airport; 
                        and
                            ``(vii) if the flight arrives at the 
                        scheduled destination airport--
                                    ``(I) the gate-departure time at 
                                the diverted airport;
                                    ``(II) the wheels-off time at the 
                                diverted airport;
                                    ``(III) the wheels-on time at the 
                                scheduled arrival airport; and
                                    ``(IV) the gate arrival time at the 
                                scheduled arrival airport.
                    ``(B) For flights cancelled after gate departure--
                            ``(i) the flight number of the cancelled 
                        flight;
                            ``(ii) the scheduled origin and destination 
                        airports of the cancelled flight;
                            ``(iii) the date and time of the cancelled 
                        flight;
                            ``(iv) the gate-departure time of the 
                        cancelled flight; and
                            ``(v) the time the aircraft returned to the 
                        gate.
            ``(4) Publication.--The Secretary shall compile the 
        information provided in the monthly reports filed pursuant to 
        paragraph (1) in a single monthly report and publish such 
        report on the Web site of the Department of Transportation.''.
    (b) Effective Date.--The Secretary of Transportation shall require 
monthly reports pursuant to the amendment made by subsection (a) 
beginning not later than 90 days after the date of enactment of this 
Act.

SEC. 102. AIR PASSENGER SERVICE IMPROVEMENTS.

    (a) In General.--Subtitle VII is amended by inserting after chapter 
421 the following:

           ``CHAPTER 423--AIR PASSENGER SERVICE IMPROVEMENTS

``Sec.
``42301. Emergency contingency plans.
``42302. Consumer complaints.
``42303. Use of insecticides in passenger aircraft.
``Sec. 42301. Emergency contingency plans
    ``(a) Submission of Air Carrier and Airport Plans.--Not later than 
90 days after the date of enactment of this section, each air carrier 
providing covered air transportation at a large hub airport or medium 
hub airport and each operator of a large hub airport or medium hub 
airport shall submit to the Secretary of Transportation for review and 
approval an emergency contingency plan in accordance with the 
requirements of this section.
    ``(b) Covered Air Transportation Defined.--In this section, the 
term `covered air transportation' means scheduled passenger air 
transportation provided by an air carrier using aircraft with more than 
60 seats.
    ``(c) Air Carrier Plans.--
            ``(1) Plans for individual airports.--An air carrier shall 
        submit an emergency contingency plan under subsection (a) for--
                    ``(A) each large hub airport and medium hub airport 
                at which the carrier provides covered air 
                transportation; and
                    ``(B) each large hub airport and medium hub airport 
                at which the carrier has flights for which it has 
                primary responsibility for inventory control.
            ``(2) Contents.--An emergency contingency plan submitted by 
        an air carrier for an airport under subsection (a) shall 
        contain a description of how the air carrier will--
                    ``(A) provide food, water that meets the standards 
                of the Safe Drinking Water Act (42 U.S.C. 300f et 
                seq.), restroom facilities, cabin ventilation, and 
                access to medical treatment for passengers onboard an 
                aircraft at the airport that is on the ground for an 
                extended period of time without access to the terminal;
                    ``(B) allow passengers to deplane following 
                excessive delays; and
                    ``(C) share facilities and make gates available at 
                the airport in an emergency.
    ``(d) Airport Plans.--An emergency contingency plan submitted by an 
airport operator under subsection (a) shall contain a description of 
how the airport operator, to the maximum extent practicable, will 
provide for the deplanement of passengers following excessive delays 
and will provide for the sharing of facilities and make gates available 
at the airport in an emergency.
    ``(e) Updates.--
            ``(1) Air carriers.--An air carrier shall update the 
        emergency contingency plan submitted by the air carrier under 
        subsection (a) every 3 years and submit the update to the 
        Secretary for review and approval.
            ``(2) Airports.--An airport operator shall update the 
        emergency contingency plan submitted by the airport operator 
        under subsection (a) every 5 years and submit the update to the 
        Secretary for review and approval.
    ``(f) Approval.--
            ``(1) In general.--Not later than 9 months after the date 
        of enactment of this section, the Secretary shall review and 
        approve or require modifications to emergency contingency plans 
        submitted under subsection (a) and updates submitted under 
        subsection (e) to ensure that the plans and updates will 
        effectively address emergencies and provide for the health and 
        safety of passengers.
            ``(2) Civil penalties.--The Secretary may assess a civil 
        penalty under section 46301 against an air carrier or airport 
        that does not adhere to an emergency contingency plan approved 
        under this subsection.
    ``(g) Minimum Standards.--The Secretary may establish, as necessary 
or desirable, minimum standards for elements in an emergency 
contingency plan required to be submitted under this section.
    ``(h) Public Access.--An air carrier or airport required to submit 
emergency contingency plans under this section shall ensure public 
access to such plan after its approval under this section on the 
Internet Web site of the carrier or airport or by such other means as 
determined by the Secretary.
``Sec. 42302. Consumer complaints
    ``(a) Consumer Complaints Hotline Telephone Number.--The Secretary 
of Transportation shall establish a consumer complaints hotline 
telephone number for the use of passengers in air transportation.
    ``(b) Public Notice.--The Secretary shall notify the public of the 
telephone number established under subsection (a).
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section. 
Such sums shall remain available until expended.
``Sec. 42303. Use of insecticides in passenger aircraft
    ``No air carrier, foreign air carrier, or ticket agent may sell in 
the United States a ticket for air transportation for a flight on which 
a insecticide has been applied in the aircraft within the last 60 days 
or on which an insecticide is planned to be used in the aircraft while 
passengers are on board the aircraft unless the air carrier, foreign 
air carrier, or ticket agent selling the ticket first informs the 
person purchasing the ticket of the application, application, or 
planned use of the insecticide, including the name of the 
insecticide.''.
    (b) Clerical Amendment.--The analysis for subtitle VII is amended 
by inserting after the item relating to chapter 421 the following:

``423. Air Passenger Service Improvements...................   42301''.
    (c) Penalties.--Section 46301 is amended in subsections (a)(1)(A) 
and (c)(1)(A) by inserting ``chapter 423,'' after ``chapter 421,''.
    (d) Applicability of Requirements.--Except as otherwise 
specifically provided, the requirements of chapter 423 of title 49, 
United States Code, as added by this section, shall begin to apply 60 
days after the date of enactment of this Act.

SEC. 103. REVIEW OF AIR CARRIER FLIGHT DELAYS, CANCELLATIONS, AND 
              ASSOCIATED CAUSES.

    (a) Review.--The Inspector General of the Department of 
Transportation shall conduct a review regarding air carrier flight 
delays, cancellations, and associated causes to update its 2000 report 
numbered CR-2000-112 and entitled ``Audit of Air Carrier Flight Delays 
and Cancellations''.
    (b) Assessments.--In conducting the review under subsection (a), 
the Inspector General shall assess--
            (1) the need for an update on delay and cancellation 
        statistics, such as number of chronically delayed flights and 
        taxi-in and taxi-out times;
            (2) air carriers' scheduling practices;
            (3) the need for a re-examination of capacity benchmarks at 
        the Nation's busiest airports; and
            (4) the impact of flight delays and cancellations on air 
        travelers, including recommendations for programs that could be 
        implemented to address the impact of flight delays on air 
        travelers.
    (c) Report.--Not later than one year after the date of enactment of 
this Act, the Inspector General shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the results of the review conducted under this section, 
including the assessments described in subsection (b).

SEC. 104. EUROPEAN UNION RULES FOR PASSENGER RIGHTS.

    (a) In General.--The Comptroller General shall conduct a study to 
evaluate and compare the regulations of the European Union and the 
United States on compensation and other consideration offered to 
passengers who are denied boarding or whose flights are cancelled or 
delayed.
    (b) Specific Study Requirements.--The study shall include an 
evaluation and comparison of the regulations based on costs to the air 
carriers, preferences of passengers for compensation or other 
consideration, and forms of compensation. In conducting the study, the 
Comptroller General shall also take into account the differences in 
structure and size of the aviation systems of the European Union and 
the United States.
    (c) Report.--Not later than one year after the date of enactment of 
this Act, the Comptroller General shall submit a report to Congress on 
the results of the study.

SEC. 105. ESTABLISHMENT OF ADVISORY COMMITTEE FOR AVIATION CONSUMER 
              PROTECTION.

    (a) In General.--The Secretary of Transportation shall establish an 
advisory committee for aviation consumer protection (in this section 
referred to as the ``advisory committee'') to advise the Secretary in 
carrying out air passenger service improvements, including those 
required by chapter 423 of title 49, United States Code.
    (b) Membership.--The Secretary shall appoint 8 members to the 
advisory committee as follows:
            (1) Two representatives of air carriers required to submit 
        emergency contingency plans pursuant to section 42301 of title 
        49, United States Code.
            (2) Two representatives of the airport operators required 
        to submit emergency contingency plans pursuant to section 42301 
        of such title.
            (3) Two representatives of State and local governments who 
        have expertise in aviation consumer protection matters.
            (4) Two representatives of nonprofit public interest groups 
        who have expertise in aviation consumer protection matters.
    (c) Vacancies.--A vacancy in the advisory committee shall be filled 
in the manner in which the original appointment was made.
    (d) Travel Expenses.--Members of the advisory committee shall serve 
without pay but shall receive travel expenses, including per diem in 
lieu of subsistence, in accordance with subchapter I of chapter 57 of 
title 5, United States Code.
    (e) Chairperson.--The Secretary shall designate, from among the 
individuals appointed under subsection (b), an individual to serve as 
chairperson of the advisory committee.
    (f) Duties.--The duties of the advisory committee shall include the 
following:
            (1) Evaluating existing aviation consumer protection 
        programs and providing recommendations for the improvement of 
        such programs, if needed.
            (2) Providing recommendations to establish additional 
        aviation consumer protection programs, if needed.
    (g) Report.--Not later than February 1 of each of the first 2 
calendar years beginning after the date of enactment of this Act, the 
Secretary shall transmit to Congress a report containing--
            (1) each recommendation made by the advisory committee 
        during the preceding calendar year; and
            (2) an explanation of how the Secretary has implemented 
        each recommendation and, for each recommendation not 
        implemented, the Secretary's reason for not implementing the 
        recommendation.

SEC. 106. DENIED BOARDING COMPENSATION.

    (a) In General.--Not later than one year after the date of 
enactment of this Act, the Secretary of Transportation shall issue a 
final regulation to modify section 250 of title 14, Code of Federal 
Regulations, regarding denied boarding compensation, to appropriately 
adjust the amount of such compensation for an aircraft with 30 or more 
seats.
    (b) Evaluation.--Not later than 2 years after the date of issuance 
of the final regulation under this section and every 2 years 
thereafter, the Secretary shall evaluate the amount provided for denied 
boarding compensation and issue a regulation to adjust such 
compensation as necessary.

SEC. 107. EXPANSION OF DOT AIRLINE CONSUMER COMPLAINT INVESTIGATIONS.

    (a) In General.--Subject to the availability of appropriations, the 
Secretary of Transportation shall investigate consumer complaints 
regarding--
            (1) flight cancellations;
            (2) compliance with Federal regulations concerning 
        overbooking seats flights;
            (3) lost, damaged, or delayed baggage, and difficulties 
        with related airline claims procedures;
            (4) problems in obtaining refunds for unused or lost 
        tickets or fare adjustments;
            (5) incorrect or incomplete information about fares, 
        discount fare conditions and availability, overcharges, and 
        fare increases;
            (6) the rights of passengers who hold frequent flier miles 
        or equivalent redeemable awards earned through customer-loyalty 
        programs; and
            (7) deceptive or misleading advertising.
    (b) Budget Needs Report.--The Secretary shall provide, as an annex 
to its annual budget request, an estimate of resources which would have 
been sufficient to investigate all such claims the Department of 
Transportation received in the previous fiscal year. The annex shall be 
transmitted to Congress when the President submits the budget of the 
United States to the Congress under section 1105 of title 31, United 
States Code.

                        TITLE II--FAA EMPLOYEES

SEC. 201. FEDERAL AVIATION ADMINISTRATION PERSONNEL MANAGEMENT SYSTEM.

    (a) Dispute Resolution.--Section 40122(a) is amended--
            (1) by redesignating paragraphs (3) and (4) as paragraphs 
        (5) and (6), respectively; and
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Dispute resolution.--
                    ``(A) Mediation.--If the Administrator does not 
                reach an agreement under paragraph (1) or the 
                provisions referred to in subsection (g)(2)(C) with the 
                exclusive bargaining representative of the employees, 
                the Administrator and the bargaining representative--
                            ``(i) shall use the services of the Federal 
                        Mediation and Conciliation Service to attempt 
                        to reach such agreement in accordance with part 
                        1425 of title 29, Code of Federal Regulations 
                        (as in effect on the date of enactment of this 
                        clause); or
                            ``(ii) may by mutual agreement adopt 
                        alternative procedures for the resolution of 
                        disputes or impasses arising in the negotiation 
                        of the collective-bargaining agreement.
                    ``(B) Binding arbitration.--
                            ``(i) Assistance from federal service 
                        impasses panel.--If the services of the Federal 
                        Mediation and Conciliation Service under 
                        subparagraph (A)(i) do not lead to an 
                        agreement, the Administrator and the exclusive 
                        bargaining representative of the employees (in 
                        this subparagraph referred to as the `parties') 
                        shall submit their issues in controversy to the 
                        Federal Service Impasses Panel. The Panel shall 
                        assist the parties in resolving the impasse by 
                        asserting jurisdiction and ordering binding 
                        arbitration by a private arbitration board 
                        consisting of 3 members.
                            ``(ii) Appointment of arbitration board.--
                        The Executive Director of the Panel shall 
                        provide for the appointment of the 3 members of 
                        a private arbitration board under clause (i) by 
                        requesting the Director of the Federal 
                        Mediation and Conciliation Service to prepare a 
                        list of not less than 15 names of arbitrators 
                        with Federal sector experience and by providing 
                        the list to the parties. Within 10 days of 
                        receiving the list, the parties shall each 
                        select one person from the list. The 2 
                        arbitrators selected by the parties shall then 
                        select a third person from the list within 7 
                        days. If either of the parties fails to select 
                        a person or if the 2 arbitrators are unable to 
                        agree on the third person within 7 days, the 
                        parties shall make the selection by alternately 
                        striking names on the list until one arbitrator 
                        remains.
                            ``(iii) Framing issues in controversy.--If 
                        the parties do not agree on the framing of the 
                        issues to be submitted for arbitration, the 
                        arbitration board shall frame the issues.
                            ``(iv) Hearings.--The arbitration board 
                        shall give the parties a full and fair hearing, 
                        including an opportunity to present evidence in 
                        support of their claims and an opportunity to 
                        present their case in person, by counsel, or by 
                        other representative as they may elect.
                            ``(v) Decisions.--The arbitration board 
                        shall render its decision within 90 days after 
                        the date of its appointment. Decisions of the 
                        arbitration board shall be conclusive and 
                        binding upon the parties.
                            ``(vi) Costs.--The parties shall share 
                        costs of the arbitration equally.
            ``(3) Ratification of agreements.--Upon reaching a 
        voluntary agreement or at the conclusion of the binding 
        arbitration under paragraph (2)(B), the final agreement, except 
        for those matters decided by an arbitration board, shall be 
        subject to ratification by the exclusive bargaining 
        representative of the employees, if so requested by the 
        bargaining representative, and approval by the head of the 
        agency in accordance with the provisions referred to in 
        subsection (g)(2)(C).
            ``(4) Enforcement.--
                    ``(A) Enforcement actions in united states 
                courts.--Each United States district court and each 
                United States court of a place subject to the 
                jurisdiction of the United States shall have 
                jurisdiction of enforcement actions brought under this 
                section. Such an action may be brought in any judicial 
                district in the State in which the violation of this 
                section is alleged to have been committed, the judicial 
                district in which the Federal Aviation Administration 
                has its principal office, or the District of Columbia.
                    ``(B) Attorney fees.--The court may assess against 
                the Federal Aviation Administration reasonable attorney 
                fees and other litigation costs reasonably incurred in 
                any case under this section in which the complainant 
                has substantially prevailed.''.
    (b) Application.--On and after the date of enactment of this Act, 
any changes implemented by the Administrator of the Federal Aviation 
Administration on and after July 10, 2005, under section 40122(a) of 
title 49, United States Code (as in effect on the day before such date 
of enactment), without the agreement of the exclusive bargaining 
representative of the employees of the Administration certified under 
section 7111 of title 5, United States Code, shall be null and void and 
the parties shall be governed by their last mutual agreement before the 
implementation of such changes. The Administrator and the bargaining 
representative shall resume negotiations promptly, and, subject to 
subsection (c), their last mutual agreement shall be in effect until a 
new contract is adopted by the Administrator and the bargaining 
representative. If an agreement is not reached within 45 days after the 
date on which negotiations resume, the Administrator and the bargaining 
representative shall submit their issues in controversy to the Federal 
Service Impasses Panel in accordance with section 7119 of title 5, 
United States Code, for binding arbitration in accordance with 
paragraphs (2)(B), (3), and (4) of section 40122(a) of title 49, United 
States Code (as amended by subsection (a) of this section).
    (c) Savings Clause.--All cost of living adjustments and other pay 
increases, lump sum payments to employees, and leave and other benefit 
accruals implemented as part of the changes referred to in subsection 
(b) may not be reversed unless such reversal is part of the calculation 
of back pay under subsection (d). The Administrator shall waive any 
overpayment paid to, and not collect any funds for such overpayment, 
from former employees of the Administration who received lump sum 
payments prior to their separation from the Administration.
    (d) Back Pay.--
            (1) In general.--Employees subject to changes referred to 
        in subsection (b) that are determined to be null and void under 
        subsection (b) shall be eligible for pay that the employees 
        would have received under the last mutual agreement between the 
        Administrator and the exclusive bargaining representative of 
        such employees before the date of enactment of this Act and any 
        changes were implemented without agreement of the bargaining 
        representative. The Administrator shall pay the employees such 
        pay subject to the availability of amounts appropriated to 
        carry out this subsection. If the appropriated funds do not 
        cover all claims of the employees for such pay, the 
        Administrator and the bargaining representative, pursuant to 
        negotiations conducted in accordance with section 40122(a) of 
        title 49, United States Code (as amended by subsection (a) of 
        this section), shall determine the allocation of the 
        appropriated funds among the employees on a pro rata basis.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated $20,000,000 to carry out this subsection.
    (e) Interim Agreement.--If the Administrator and the exclusive 
bargaining representative of the employees subject to the changes 
referred to in subsection (b) reach a final and binding agreement with 
respect to such changes before the date of enactment of this Act, such 
agreement shall supersede any changes implemented by the Administrator 
under section 40122(a) of title 49, United States Code (as in effect on 
the day before such date of enactment), without the agreement of the 
bargaining representative, and subsections (b) and (c) shall not take 
effect.
                                 <all>