[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3260 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 3260

    To provide passengers in air transportation with certain rights.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 14, 2017

  Mr. Thompson of California introduced the following bill; which was 
     referred to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
    To provide passengers in air transportation with certain rights.

    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 Protection Act of 
2017''.

SEC. 2. PHYSICAL STANDARDS.

    (a) Seat Size.--Not later than 180 days after the date of enactment 
of this Act, the Secretary of Transportation shall issue a final rule 
regarding the minimum standards and specifications for an air carrier 
and foreign air carrier that addresses the required seat width, 
padding, reclining, pitch, leg room, aisle width, safety and health 
regarding such seats, in consultation with the Occupational Safety and 
Health Administration (in this section referred to as ``OSHA''), the 
Centers for Disease Control and Prevention (in this section referred to 
as the ``CDC''), passenger advocacy groups, disabled and senior citizen 
groups, and representatives of air carriers.
    (b) Bathroom Size.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall issue a final rule regarding 
the minimum standards and specifications for an air carrier and foreign 
air carrier that addresses the required bathroom dimensions, door size, 
toilet size, safety and health for the bathroom, in consultation with 
OSHA, the CDC, passenger advocacy groups, disabled and senior citizens, 
and representatives of air carriers.

SEC. 3. PASSENGER PROTECTIONS.

    (a) Specific Rights.--
            (1) Damaged or inoperable amenities.--The Secretary of 
        Transportation shall require that an air carrier and foreign 
        air carrier refund, not later than 30 days after a scheduled 
        flight, up to 10 percent of the ticket cost to a passenger 
        whose in-air amenities (televisions, headphones, wireless 
        internet access) are broken or do not work as promised, and to 
        refund the full cost of any in-air purchase (entertainment, 
        wireless internet) that is not received or does not work.
            (2) Delay and cancellation honesty.--The Secretary shall 
        fine an air carrier and foreign air carrier $1,000 per 
        passenger for a cancellation or delay based on false or 
        dishonest claims of force majeure by such a carrier.
            (3) Delays not caused by force majeure.--The Secretary 
        shall require an air carrier and foreign air carrier to provide 
        a passenger whose flight is delayed by 3 or more hours, for 
        reasons not considered force majeure, a replacement ticket on 
        another air carrier to the same destination that departs not 
        later than 24 hours after the original departure time. If such 
        a ticket is unavailable, an air carrier or foreign air carrier 
        shall either refund the cost of the ticket price or provide a 
        replacement ticket departing more than 24 hours after the 
        original departure time, whichever is more satisfactory to a 
        passenger.
            (4) Economic delays or cancellations.--The Secretary shall 
        require an air carrier and foreign air carrier to notify 
        passengers at least 3 hours in advance if a flight is to be 
        delayed or cancelled for economic reasons, and to provide a 
        ticket refund and, if desired, alternate transportation to a 
        passenger whose flight is cancelled for such reasons.
            (5) Fees.--An air carrier and foreign air carrier shall 
        provide that fees--
                    (A) not included in airfare are conspicuously 
                disclosed in advance of a ticket purchase; and
                    (B) not included in an airfare may not be 
                exorbitant, defined as in excess of 200 percent above 
                the cost to the airline of providing the service or 
                benefit in question.
            (6) Frequent flier programs.--The Secretary shall require 
        an air carrier to report basic statistics on its frequent flier 
        programs, to permit passengers to evaluate objectively the 
        benefits of each such program, and to inform passengers at 
        least 12 months in advance before a reduction or devaluation of 
        benefits.
            (7) Hotline.--Notwithstanding any other provision of law, 
        10 percent of fines paid to the Government by an air carrier 
        and foreign air carrier for any violation of a regulation of 
        the Department of Transportation or the Federal Aviation 
        Administration shall be available to maintain the consumer 
        complaint hotline (established under section 42302 of title 49, 
        United States Code), and to develop and implement a passenger 
        claims arbitration system. Any complaint to the Department or 
        the Transportation Security Administration shall be 
        acknowledged not later than 24 hours after submitting the 
        complaint, the alleged offending agency shall respond not later 
        than 30 days after notification, and the passenger in question 
        shall receive a response not later than 60 days after 
        submitting the complaint.
            (8) Lost, damaged or stolen baggage.--The Secretary shall 
        require an air carrier and foreign air carrier to comply with 
        the Uniform Unclaimed Property Act, and provide that proceeds 
        collected from the sale of lost, unclaimed baggage be used to 
        cover the cost of future baggage disputes. The Secretary shall 
        also require that an air carrier and foreign air carrier offer 
        excess value insurance for lost or damaged baggage.
            (9) Notification of rights and fees.--The Secretary shall 
        require an air carrier and foreign air carrier to inform 
        customers in plain language, in writing and in prominent 
        locations on its website, of their rights, liabilities, and 
        obligations under their respective contract of carriage, 
        including the recourse available to them in the event of a 
        cancellation, delay, damaged baggage, and other potential 
        difficulties.
            (10) Reciprocity.--The Secretary shall reinstate the 
        reciprocity rule (commonly known as Rule 240) to affirm that a 
        passenger on a flight that is cancelled or a flight delayed 3 
        or more hours may use the ticket on another airline with 
        available seating to fly to the same or nearby destination.
            (11) Strengthened tarmac protections.--The Secretary shall 
        fine an air carrier and foreign air carrier $1,000 per 
        passenger for any violation of Federal policy with respect to 
        tarmac delays, including the requirements that an air carrier 
        permit passengers to deplane after more than 3 hours spent on 
        the tarmac, and that an air carrier provide adequate food, 
        potable water, and operable lavatories to passengers 2 hours 
        after the aircraft is delayed on the tarmac.
    (b) Definitions.--In this Act, the following definitions apply:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (2) Force majeure.--The term ``force majeure'' means any 
        event arising from causes beyond the control of the air 
        carrier, including Acts of God (such as fire, severe weather, 
        or natural disasters), unanticipated acts of people (such as 
        war or strike), and unforeseeable breakage or accident to 
        aircraft or equipment. The term does not include to a lack of 
        personnel, a lack of airworthy aircraft or supplies, increased 
        cost or expense of operation (whether anticipated or 
        unanticipated), or any other condition reasonably within the 
        control of an air carrier or foreign air carrier.
    (c) Amendment to Title 49.--
            (1) Amendment.--Chapter 401 of title 49, United States 
        Code, is amended by adding at the end the following:
``Sec. 40131. Equipment and personnel reserves
    ``(a) Reserve Equipment and Staffing.--Not later than 180 days 
after the date of enactment of the Airline Passenger Protection Act of 
2017, the Secretary of Transportation shall require an air carrier and 
foreign air carrier to develop and implement reserve staffing and 
equipment plans that optimize the carrier's ability to provide quality 
service, defined as fewer than 2 percent of flights cancelled for 
causes reasonably within the control of the carrier, and fewer than 15 
percent of flights delayed for causes reasonably within the control of 
the carrier.
    ``(b) Guidelines and Reporting Requirements.--Not later than 180 
days after the date of enactment of the Airline Passenger Protection 
Act of 2017, the Secretary shall establish guidelines for an air 
carrier and foreign air carrier to report cancellation and on-time 
performance statistics to the FAA on an annual basis, beginning 360 
days after the date of enactment of this Act.
    ``(c) Failure To Comply.--The Secretary shall fine an air carrier 
and foreign air carrier if the Secretary determines that such air 
carrier or foreign air carrier fails to comply with the requirements of 
this section and such failure was caused by the carrier's failure to 
develop, implement, or abide by the terms of its reserve staffing and 
equipment plan.''.
            (2) Clerical amendment.--The analysis of chapter 401 of 
        title 49, United States Code, is amended by adding at the end 
        the following:

``40131. Equipment and personnel reserves.''.
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