[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2804 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 2804

  To require the Secretary of Transportation to implement changes to 
          improve air transportation, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 7, 2017

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

_______________________________________________________________________

                                 A BILL


 
  To require the Secretary of Transportation to implement changes to 
          improve air transportation, 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 Consumer Protection Act of 
2017''.

SEC. 2. INTERLINING.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Transportation shall issue a final rule requiring an air 
carrier to seek, in the event of a delay exceeding 3 hours, 
cancellation, or misconnection as a result of circumstances or an event 
within an air carrier's control, as determined by the Secretary of 
Transportation, alternative transportation for displaced passengers, 
including aboard another air carrier capable of transporting the 
passenger to his or her originally scheduled destination, and to 
accept, for a reasonable fee, the passengers of another air carrier who 
have been displaced by circumstances or an event within that air 
carriers control, as determined by the Secretary of Transportation, or 
if the passenger has been involuntarily denied boarding due to a lack 
of available seats.

SEC. 3. GAO STUDY.

    Not later than 1 year after the date of enactment of this Act, the 
Comptroller General shall submit to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives a report containing 
a review of the following:
            (1) The commonalities and differences of computer network 
        architecture used by air carriers operating under part 121 of 
        title 14, Code of Federal Regulations.
            (2) Analysis of operationally critical functions, including 
        consideration of passenger-facing functions such as reservation 
        and notification systems, aircraft dispatch functions and how 
        information regarding such functions and systems is transmitted 
        to outstations, maintenance monitoring and planning systems, 
        and crew scheduling systems.
            (3) The impact of consolidated systems and software that 
        handle multiple critical functions.
            (4) The most common causes of airline computer network 
        disruptions.
            (5) Industry best practices to prevent, and mitigate the 
        impacts of, network disruptions.

SEC. 4. COMPUTER NETWORK RESILIENCY.

    (a) In General.--Any schedule change resulting from a computer 
network disruption, security breach, or other inoperability, may be 
considered an event within an air carrier's control as determined by 
the Secretary of Transportation.
    (b) Computer Network Resiliency Working Group.--The Secretary of 
Transportation shall work closely with the airline industry computer 
network resiliency working group established under section 5 to improve 
computer networks for air carriers.
    (c) Final Rule.--Not later than 1 year after the enactment of this 
Act, the Secretary of Transportation shall publish a final rule that 
requires an air carrier operating under part 121 of title 14, Code of 
Federal Regulations, to submit to the Administrator of the Federal 
Aviation Administration a plan detailing, at a minimum--
            (1) the maintenance of computer network systems used to 
        perform functions critical to the normal operation of the 
        carrier;
            (2) the carrier's plan for restoring full functionality of 
        such systems in the event of a service disruption;
            (3) the carrier's backup systems; and
            (4) the level of service and amenities offered to 
        passengers whose flights are delayed or cancelled as a result 
        of a computer network disruption and how the air carrier will 
        comply with the plan requirements of section 6.
    (d) Plan Details.--Not later than 1 year after the establishment of 
the airline industry computer network resiliency working group under 
section 5, the contingency plan referred to in subsection (c) shall be 
submitted to the Administrator of the Federal Aviation Administration. 
Notwithstanding section 552 of title 5, United States Code (commonly 
known as the Freedom of Information Act), such plan may not disclose to 
the public any plan specifics. The air carrier shall make available a 
general outline of the plan to the public.

SEC. 5. AIRLINE INDUSTRY COMPUTER NETWORK RESILIENCY WORKING GROUP.

    (a) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the Secretary of Transportation shall establish 
the airline industry computer network resiliency working group 
(referred to in this section as ``the working group'') to serve as 
subject matter experts to the Secretary to foster collaboration and 
facilitate improvements in the resilience of computer networks used by 
air carriers in carrying out functions critical to the maintenance of 
regularly scheduled air transportation service, and in the recovery of 
operations in the event of network disruptions.
    (b) Objectives.--Objectives of the working group shall include 
efforts--
            (1) to promote communication and coordination regarding 
        computer network architecture across the airline industry;
            (2) to promote engagement between industry and government 
        stakeholders regarding the development of guidelines and best 
        practices;
            (3) to review past disruptions and lessons learned; and
            (4) to serve as the liaison between industry and government 
        representatives on research and development and emerging 
        technologies that enhance computer network resiliency.
    (c) Membership.--Membership on the working group shall include 
representatives who have responsibility for computer networks and their 
maintenance, including--
            (1) at a minimum, Government representatives of the Federal 
        Aviation Administration and the Department of Homeland 
        Security; and
            (2) voluntary participation of representatives from the 
        airline industry and their contractors and suppliers.
    (d) Meetings.--The working group shall meet not less than twice 
each year and may convene for additional meetings as needed. The group 
shall meet for a period of not less than 2 years.
    (e) Report.--The working group shall submit a report to the 
Secretary of Transportation that establishes voluntary guidelines for 
the resiliency of airline computer networks that handle operationally 
critical functions, best practices, and the conditions under which the 
working group may need to periodically meet or reconvene.

SEC. 6. IMPROVED ACCOMMODATION OF DISPLACED PASSENGERS.

    Not later than 1 year after the enactment of this Act, the 
Secretary of Transportation shall modify part 259 of title 14, Code of 
Federal Regulations to include the following:
            (1) Adoption of plan.--Each covered carrier shall adopt a 
        contingency plan for lengthy terminal delays for its scheduled 
        flights at each large hub airport, medium hub airport, small 
        hub airport and non-hub airport in the United States at which 
        it operates or markets such air transportation service and 
        shall adhere to its plan's terms.
            (2) Contents of plan.--Each contingency plan for any delay, 
        cancellation, or misconnection, affecting a passenger who has 
        been involuntarily denied boarding as a result of circumstances 
        or an event within an air carrier's control, as determined by 
        the Administration of the Federal Aviation Administration 
        (except in the case in which the flight crew determines that a 
        passenger poses a danger to the safety of the flight), shall 
        include, at a minimum, the following:
                    (A) Essential needs.--An air carrier shall ensure 
                that essential needs, including food, water, restroom 
                facilities, and assistance in the case of a medical 
                emergency are met. If the only available seating on the 
                carrier's next flight to the passenger's destination is 
                a higher class of service than purchased, the carrier 
                shall transport the passenger on the flight at no 
                additional cost.
                    (B) Meal voucher.--In the case of a delay exceeding 
                4 hours, the air carrier shall provide a meal voucher 
                or, if at the request of the passenger, cash equivalent 
                to the value of a meal voucher. An air carrier shall 
                not be liable to reimburse the passenger for expenses 
                related to meals if the passenger did not accepted such 
                compensation when offered.
                    (C) Lodging, transportation, and other vouchers.--
                            (i) In general.--In the case of a delay, 
                        cancellation, or misconnection as a result of 
                        circumstances or an event within an air 
                        carrier's control, as determined by the 
                        Secretary of Transportation, of which any 
                        portion exceeding 2 hours occurs between the 
                        period of time between 10 p.m. and 3 a.m., 
                        local time, of the following day, and with no 
                        guarantee of reaccommodation aboard another 
                        flight to the passenger's destination within 
                        the following 2 hours after the initial 2-hour 
                        delay, an air carrier shall provide the 
                        passenger with lodging, transportation to and 
                        from the airport to the place of lodging, and 
                        meal expenses. At the request of the passenger, 
                        the carrier shall alternatively compensate such 
                        passenger with the cash equivalent to the value 
                        of the lodging, meals, and transportation, or a 
                        voucher of equivalent value for future travel 
                        on the carrier.
                            (ii) Lodging unavailable.--If lodging is 
                        unavailable, an carrier shall compensate a 
                        passenger with the cash equivalent to the value 
                        of the lodging, meals, and transportation, or, 
                        at the request of the passenger, a voucher of 
                        equivalent value for future travel on the 
                        carrier.
                            (iii) Proximity to residence.--The 
                        provisions of clauses (i) and (ii) shall not 
                        apply to a passenger whose permanent residence 
                        is 60 miles or less from the airport where such 
                        delay, cancellation, or misconnection occurred.
                            (iv) Failure to accept initial 
                        compensation.--An air carrier shall not be 
                        liable to reimburse the passenger for expenses 
                        related to meals if the passenger did not 
                        accept such compensation when offered.

SEC. 7. AIRCRAFT FLIGHTS WITHOUT FUNCTIONING LAVATORIES.

    (a) Limitation on Certain Aircraft Flights.--Chapter 417 of title 
49, United States Code is amended by adding the following:
``Sec. 41725. Limitation on aircraft flights without functioning 
              lavatories
    ``Not later than 90 days after the enactment of this Act, the 
Secretary of Transportation shall issue regulations to ensure that a 
passenger who has purchased a ticket in scheduled passenger interstate 
or intrastate air transportation or in an aircraft in nonscheduled 
passenger interstate or intrastate air transportation, shall not pay 
any associated fee to select an alternative flight if it is determined 
before departure that the lavatory is not functioning.''.
    (b) Clerical Amendment.--The analysis for such chapter is amended 
by adding at the end of the following:

``41725. Limitation on aircraft flights without functioning 
                            lavatories''.
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