[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 213 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 213

 To amend title 49, United States Code, to ensure air passengers have 
 access to necessary services while on a grounded air carrier, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 12, 2009

 Mrs. Boxer (for herself and Ms. Snowe) 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 air passengers have 
 access to necessary services while on a grounded air carrier, 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.

    This Act may be cited as the ``Airline Passenger Bill of Rights Act 
of 2009''.

SEC. 2. 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. Air carrier and airport contingency plans for long on-
              board tarmac delays
    ``(a) Definition of Tarmac Delay.--The term `tarmac delay' means 
the holding of an aircraft on the ground before taking off or after 
landing with no opportunity for its passengers to deplane.
    ``(b) Submission of Air Carrier and Airport Plans.--Not later than 
60 days after the date of the enactment of the Airline Passenger Bill 
of Rights Act of 2009, each air carrier and airport operator shall 
submit, in accordance with the requirements under this section, a 
proposed contingency plan to the Secretary of Transportation for review 
and approval.
    ``(c) Minimum Standards.--The Secretary of Transportation shall 
establish minimum standards for elements in contingency plans required 
to be submitted under this section to ensure that such plans 
effectively address long on-board tarmac delays and provide for the 
health and safety of passengers and crew.
    ``(d) Air Carrier Plans.--The plan shall require each air carrier 
to implement at a minimum the following:
            ``(1) Provision of essential services.--Each air carrier 
        shall provide for the essential needs of passengers on board an 
        aircraft at an airport in any case in which the departure of a 
        flight is delayed or disembarkation of passengers on an 
        arriving flight that has landed is substantially delayed, 
        including--
                    ``(A) adequate food and potable water;
                    ``(B) adequate restroom facilities;
                    ``(C) cabin ventilation and comfortable cabin 
                temperatures; and
                    ``(D) access to necessary medical treatment.
            ``(2) Right to deplane.--
                    ``(A) In general.--Each air carrier shall submit a 
                proposed contingency plan to the Secretary of 
                Transportation that identifies a clear time frame under 
                which passengers would be permitted to deplane a 
                delayed aircraft. After the Secretary has reviewed and 
                approved the proposed plan, the air carrier shall make 
                the plan available to the public.
                    ``(B) Delays.--
                            ``(i) In general.--As part of the plan, 
                        except as provided under clause (iii), an air 
                        carrier shall provide passengers with the 
                        option of deplaning and returning to the 
                        terminal at which such deplaning could be 
                        safely completed, or deplaning at the terminal 
                        if--
                                    ``(I) 3 hours have elapsed after 
                                passengers have boarded the aircraft, 
                                the aircraft doors are closed, and the 
                                aircraft has not departed; or
                                    ``(II) 3 hours have elapsed after 
                                the aircraft has landed and the 
                                passengers on the aircraft have been 
                                unable to deplane.
                            ``(ii) Frequency.--The option described in 
                        clause (i) shall be offered to passengers at a 
                        minimum not less often than once during each 
                        successive 3-hour period that the plane remains 
                        on the ground.
                            ``(iii) Exceptions.--This subparagraph 
                        shall not apply if--
                                    ``(I) the pilot of such aircraft 
                                reasonably determines that the aircraft 
                                will depart or be unloaded at the 
                                terminal not later than 30 minutes 
                                after the 3 hour delay; or
                                    ``(II) the pilot of such aircraft 
                                reasonably determines that permitting a 
                                passenger to deplane would jeopardize 
                                passenger safety or security.
                    ``(C) Application to diverted flights.--This 
                section applies to aircraft without regard to whether 
                they have been diverted to an airport other than the 
                original destination.
                    ``(D) Reports.--Not later than 30 days after any 
                flight experiences a tarmac delay lasting at least 3 
                hours, the air carrier responsible for such flight 
                shall submit a written description of the incident and 
                its resolution to the Aviation Consumer Protection 
                Office of the Department of Transportation.
    ``(e) Airport Plans.--Each airport operator shall submit a proposed 
contingency plan under subsection (b) that contains a description of--
            ``(1) how the airport operator will provide for the 
        deplanement of passengers following a long tarmac delay; and
            ``(2) how, to the maximum extent practicable, the airport 
        operator will provide for the sharing of facilities and make 
        gates available at the airport for use by aircraft experiencing 
        such delays.
    ``(f) Updates.--The Secretary shall require periodic reviews and 
updates of the plans as necessary.
    ``(g) Approval.--
            ``(1) In general.--Not later than 6 months after the date 
        of the enactment of this section, the Secretary of 
        Transportation shall--
                    ``(A) review the initial contingency plans 
                submitted under subsection (b); and
                    ``(B) approve plans that closely adhere to the 
                standards described in subsections (d) or (e), 
                whichever is applicable.
            ``(2) Updates.--Not later than 60 days after the submission 
        of an update under subsection (f) or an initial contingency 
        plan by a new air carrier or airport, the Secretary shall--
                    ``(A) review the plan; and
                    ``(B) approve the plan if it closely adheres to the 
                standards described in subsections (d) or (e), which 
                ever is applicable.
    ``(h) Civil Penalties.--The Secretary may assess a civil penalty 
under section 46301 against any air carrier or airport operator that 
does not submit, obtain approval of, or adhere to a contingency plan 
submitted under this section.
    ``(i) Public Access.--Each air carrier and airport operator 
required to submit a contingency plan under this section shall ensure 
public access to an approved plan under this section by--
            ``(1) including the plan on the Internet Web site of the 
        carrier or airport; or
            ``(2) disseminating the plan by other means, as determined 
        by the Secretary.
``Sec. 41782. Air passenger complaints hotline and information
    ``(a) Air Passenger Complaints Hotline Telephone Number.--The 
Secretary of Transportation shall establish a consumer complaints 
hotline telephone number for the use of air passengers.
    ``(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, 
which sums shall remain available until expended.''.
    (b) 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. Air carrier and airport contingency plans for long on-board 
                            tarmac delays.
``41782. Air passenger complaints hotline and information.''.
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