[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1418 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 1418

To establish protections for passengers in air transportation, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 22, 2017

 Mr. Blumenthal (for himself and Mr. Markey) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To establish protections for passengers in 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Airline 
Passengers' Bill of Rights''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                     TITLE I--PASSENGER PROTECTIONS

Sec. 101. Protections for passengers against being required to 
                            relinquish seats.
Sec. 102. Minimum compensation provided to passengers involuntarily 
                            denied boarding.
Sec. 103. Delays and cancellations.
Sec. 104. Unfair and deceptive attribution of delays and cancellations 
                            to force majeure events.
Sec. 105. Interline agreements and protections.
Sec. 106. Aircraft cabin evacuation procedures.
Sec. 107. Protections relating to space for passengers on aircraft.
Sec. 108. Availability of lavatories on passenger aircraft.
Sec. 109. Availability of potable water on passenger aircraft.
Sec. 110. Training on rights of passengers.
Sec. 111. Internet dissemination of information on passenger rights.
Sec. 112. Report on quality and safety of food and water on passenger 
                            aircraft.
Sec. 113. Report on sufficiency of available flight crews and aircraft.
                     TITLE II--CONSUMER PROTECTIONS

Sec. 201. Protections relating to the imposition of fees that are not 
                            reasonable and proportional to the costs 
                            incurred.
Sec. 202. Protections relating to disclosure of flight information.
Sec. 203. Transparency in pricing of tickets in air transportation.
Sec. 204. Disclosure of lowest fares for air transportation.
Sec. 205. Frequent flyer programs fairness and transparency.
Sec. 206. Refunds for lost, damaged, delayed, or pilfered baggage.
Sec. 207. Passenger rights transparency.
Sec. 208. Private right of action against unfair and deceptive 
                            practices.
Sec. 209. Fairness and transparency in contracts of carriage.
Sec. 210. Private right of action for discrimination claims against air 
                            carriers.
Sec. 211. No preemption of consumer protection claims.
Sec. 212. Invalidation of pre-dispute arbitration and class-action 
                            waiver clauses in certain contracts 
                            relating to passenger air transportation.
Sec. 213. Consumer complaint process improvement.
Sec. 214. Report by Advisory Committee for Aviation Consumer 
                            Protection.
                 TITLE III--PENALTIES FOR AIR CARRIERS

Sec. 301. Increase in civil penalty for violations of passenger 
                            protection laws.
Sec. 302. Report on imposition of civil penalties.
Sec. 303. Study of distribution of civil penalties to consumers.
Sec. 304. Prohibition on negotiation of reductions in civil penalties.
               TITLE IV--COMPETITIVENESS OF AIR CARRIERS

Sec. 401. Analysis of international air carrier alliances.
Sec. 402. Analysis of air carrier mergers.

SEC. 2. DEFINITIONS.

    Except as otherwise specifically provided, in this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Aviation Administration.
            (2) Advisory committee for aviation consumer protection.--
        The term ``Advisory Committee for Aviation Consumer 
        Protection'' means the advisory committee established under 
        section 411 of the FAA Modernization and Reform Act of 2012 (49 
        U.S.C. 42301 note prec.).
            (3) Air carrier.--The term ``air carrier'' means an air 
        carrier or foreign air carrier, as those terms are defined in 
        section 40102 of title 49, United States Code.
            (4) Air transportation.--The term ``air transportation'' 
        has the meaning given that term in section 40102 of title 49, 
        United States Code.
            (5) Ancillary fee.--The term ``ancillary fee'', with 
        respect to a fee imposed by an air carrier, means any fee for 
        an optional service, including any fee for a first or second 
        checked bag or a carry-on bag, cancellation of an itinerary, 
        changes in an itinerary, seat assignment, or advance boarding.
            (6) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives.
            (7) Purchase.--The term ``purchase'', with respect to a 
        ticket for travel in air transportation, means the purchase of 
        a ticket using cash or credit or using miles awarded through 
        the frequent flyer program of an air carrier.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (9) Ticket agent.--The term ``ticket agent'' has the 
        meaning given that term in section 40102 of title 49, United 
        States Code.

                     TITLE I--PASSENGER PROTECTIONS

SEC. 101. PROTECTIONS FOR PASSENGERS AGAINST BEING REQUIRED TO 
              RELINQUISH SEATS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall prescribe regulations--
            (1) allowing an air carrier to offer compensation to a 
        passenger to incentivize the passenger to relinquish the 
        passenger's seat on a flight operated by the air carrier;
            (2) prohibiting an air carrier from requiring a passenger 
        to involuntarily relinquish the passenger's seat, regardless of 
        any compensation offered by the air carrier to the passenger;
            (3) prohibiting an air carrier from imposing a cap on the 
        amount of compensation the air carrier can provide to a 
        passenger in exchange for the passenger relinquishing a seat; 
        and
            (4) requiring an air carrier to provide any compensation 
        provided to a passenger in exchange for the passenger 
        relinquishing a seat in the form of cash.
    (b) Exceptions.--In prescribing the regulations required by 
subsection (a), the Secretary may provide for limited exceptions to the 
prohibition under paragraph (1) of that subsection for reasons 
necessitated by safety or security.

SEC. 102. MINIMUM COMPENSATION PROVIDED TO PASSENGERS INVOLUNTARILY 
              DENIED BOARDING.

    (a) In General.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary shall revise the regulations under 
part 250 of title 14, Code of Federal Regulations--
            (1) to eliminate the dollar amount limitations under 
        paragraphs (2) and (3) of subsections (a) and (b) of section 
        250.5 of such title on the amount of compensation that may be 
        provided to a passenger who is denied boarding involuntarily 
        from an oversold flight; and
            (2) to establish that an air carrier shall provide 
        compensation to each such passenger of not less than $1,350 per 
        flight.
    (b) Termination.--Part 250 of title 14, Code of Federal 
Regulations, shall terminate on the date on which the regulations 
required by section 101(a) take effect.

SEC. 103. DELAYS AND CANCELLATIONS.

    (a) Regulations.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall prescribe regulations 
requiring, if a passenger's flight is delayed or cancelled for any 
reason within the control of the air carrier (including crew 
scheduling, routine maintenance, functioning of information technology 
systems, passenger service issues, issues related to baggage services, 
issues related to ground handling of aircraft, or other reasons as 
specified by the Secretary) and--
            (1) the passenger's arrival at the passenger's destination 
        is delayed by more than 1 hour and less than 4 hours after the 
        originally scheduled arrival of the passenger, the air 
        carrier--
                    (A) to automatically refund to the passenger the 
                amount the passenger paid for the ticket; and
                    (B) to find a seat for the passenger on another 
                flight operated by the air carrier, on a flight 
                operated by another air carrier, or on an alternative 
                means of transportation, at no additional expense to 
                the passenger, that results in the passenger arriving 
                at the passenger's destination not later than 4 hours 
                after the original scheduled arrival time;
            (2) the passenger's arrival at the passenger's destination 
        is delayed by more than 4 hours after the originally scheduled 
        arrival of the passenger, the air carrier--
                    (A) to automatically refund to the passenger the 
                amount the passenger paid for the ticket;
                    (B) to find a seat for the passenger on another 
                flight operated by the air carrier, on a flight 
                operated by another air carrier, or on an alternative 
                means of transportation, at no additional expense to 
                the passenger, at the earliest available opportunity, 
                if the passenger so chooses;
                    (C) to provide compensation to the passenger of 
                $1,350 cash; and
                    (D) to provide a passenger with an amount equal to 
                the cost of a meal; and
            (3) the passenger's departure is delayed until the next 
        day, the air carrier to provide the passenger with an amount 
        equal to the cost of hotel lodging, in addition to the 
        requirements of paragraph (2).
    (b) Causes of Delays or Cancellations.--
            (1) Review.--
                    (A) In general.--Not later than 180 days after the 
                date of the enactment of this Act, the Secretary shall 
                review the categorization of delays and cancellations 
                with respect to air carriers that are required to 
                report data relating to such categorizations.
                    (B) Considerations.--In conducting the review 
                required by subparagraph (A), the Secretary shall 
                consider, at a minimum--
                            (i) whether--
                                    (I) delays and cancellations 
                                attributed by an air carrier to weather 
                                were unavoidable because of an 
                                operational or air traffic control 
                                issue, or because of the air carrier's 
                                preference in determining which flights 
                                to delay or cancel during a weather 
                                event; and
                                    (II) any delays or cancellations 
                                described in subclause (I) or delays 
                                and cancellations attributed by an air 
                                carrier to force majeure events could 
                                be properly characterized as delays or 
                                cancellations because of circumstances 
                                within the control of the air carrier; 
                                and
                            (ii) whether it is an unfair or deceptive 
                        practice in violation of section 41712 of title 
                        49, United States Code, for an air carrier to 
                        establish its own cut-off time for arrival at 
                        an airport gate and whether there should be a 
                        uniform definition across all air carriers;
                            (iii) whether and to what extent delays and 
                        cancellations attributed by an air carrier to 
                        weather disproportionately impact service to 
                        smaller airports and communities;
                            (iv) whether it is an unfair or deceptive 
                        practice in violation of section 41712 of title 
                        49, United States Code, for an air carrier to 
                        inform a passenger that a flight is delayed or 
                        cancelled because of weather, without any other 
                        context or explanation for the delay or 
                        cancellation;
                            (v) whether and to what extent a Federal 
                        law or regulation could decrease the frequency 
                        of delays and cancellations if such law or 
                        regulation--
                                    (I) requires an air carrier to 
                                maintain a ready reserve of flight 
                                equipment and flight staff at certain 
                                airports; or
                                    (II) imposes a fine if the 
                                Secretary determines that a delay or 
                                cancellation is due to circumstances 
                                within the control of the air carrier 
                                and is not justified by safety or 
                                security concerns; and
                            (vi) whether and to what extent agreements 
                        among air carriers exist for the purpose of 
                        arranging alternative flights for passengers of 
                        delayed or cancelled flights.
                    (C) Advisory committee for aviation consumer 
                protection.--The Secretary may use the Advisory 
                Committee for Aviation Consumer Protection to assist in 
                conducting the review required by subparagraph (A) and 
                providing recommendations under paragraph (2).
            (2) Report.--Not later than 90 days after the date on which 
        the review required by paragraph (1) is complete, the Secretary 
        shall submit to the appropriate committees of Congress a report 
        on the review under subsection (a), including any 
        recommendations.
    (c) Savings Provision.--Nothing in this section shall be construed 
as affecting the authority of an air carrier to maximize its system 
capacity during weather-related events to accommodate the greatest 
number of passengers.

SEC. 104. UNFAIR AND DECEPTIVE ATTRIBUTION OF DELAYS AND CANCELLATIONS 
              TO FORCE MAJEURE EVENTS.

    Section 41712 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(d) Attribution of Delays and Cancellations To Force Majeure 
Events.--It shall be an unfair or deceptive practice under subsection 
(a) for an air carrier or foreign air carrier to attribute the delay or 
cancellation of a flight operated by the carrier or by another air 
carrier or foreign air carrier with which the carrier has a codesharing 
or other joint marketing arrangement to a force majeure event unless 
the delay or cancellation is caused by an event not within the control 
of the air carrier operating the flight, such as weather, an act of 
God, or a war or other hostilities.''.

SEC. 105. INTERLINE AGREEMENTS AND PROTECTIONS.

    (a) Regulations.--Not later than one year after the date of the 
enactment of this Act, the Secretary shall prescribe regulations--
            (1) to facilitate interline agreements and related 
        practices between air carriers and providers of other modes of 
        transportation; and
            (2) to establish a complaint and remediation process 
        through which parties may submit complaints and resolve 
        disputes regarding the establishment and implementation of 
        interline agreements.
    (b) Interline Agreements.--The regulations prescribed pursuant to 
subsection (a)(1) shall--
            (1) include provisions to prevent air carriers and other 
        transportation providers from significantly hindering or 
        preventing willing air carriers or other transportation 
        providers from entering into interline agreements or conducting 
        related practices;
            (2) require air carriers to explicitly notify passengers 
        when they are eligible to be provided transportation by another 
        air carrier or a provider of another mode of transportation;
            (3) after an eligible passenger is notified under paragraph 
        (2), require air carriers to attempt to provide to the 
        passenger transportation through another air carrier or a 
        provider of another mode of transportation, upon the 
        passenger's request, if the air carrier has an interline 
        agreement with the other air carrier or transportation 
        provider;
            (4) prohibit air carriers and other transportation 
        providers from unduly or improperly influencing the decision of 
        a partner, subsidiary, or vendor to enter into an interline 
        agreement, the terms or conditions of such an agreement, or 
        related practices;
            (5) account for operational records, seat availability, and 
        capacity; and
            (6) promote competition and the public interest.
    (c) Complaint and Remediation Process.--The complaint and 
remediation processes established pursuant to subsection (a)(2) may 
provide for appropriate penalties and remedies for violations of an 
interline agreement.

SEC. 106. AIRCRAFT CABIN EVACUATION PROCEDURES.

    (a) Review.--The Administrator shall review--
            (1) evacuation certification of transport-category aircraft 
        used in air transportation, with regard to--
                    (A) emergency conditions, including impacts into 
                water;
                    (B) crew procedures used for evacuations under 
                actual emergency conditions;
                    (C) any relevant changes to passenger demographics 
                and legal requirements, including section 41705 of 
                title 49, United States Code (commonly referred to as 
                the ``Air Carrier Access Act''), or the Americans with 
                Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), 
                that affect emergency evacuations; and
                    (D) any relevant changes to passenger seating 
                configurations, including changes to seat width, 
                padding, reclining, size, pitch, leg room, aisle width, 
                or load factors; and
            (2) recent accidents and incidents in which passengers 
        evacuated such aircraft.
    (b) Consultation; Review of Data.--In conducting the review under 
subsection (a), the Administrator shall--
            (1) consult with the National Transportation Safety Board, 
        transport-category aircraft manufacturers, air carriers, and 
        other relevant experts and Federal agencies, including 
        organizations representing passengers, air carrier crew 
        members, maintenance employees, and emergency responders; and
            (2) review relevant data with respect to evacuation 
        certification of transport-category aircraft.
    (c) Report to Congress.--Not later than 180 days after the date of 
the enactment of this Act, the Administrator shall submit to the 
appropriate committees of Congress a report on the results of the 
review under subsection (a) and related recommendations, if any, 
including recommendations for revisions to the assumptions and methods 
used for assessing evacuation certification of transport-category 
aircraft.
    (d) Transport-Category Aircraft Defined.--In this section, the term 
``transport-category aircraft'' means an aircraft--
            (1) with respect to which a type certificate is issued 
        under part 21 of title 14, Code of Federal Regulations; and
            (2) that meets the airworthiness standards under part 25 of 
        that title.

SEC. 107. PROTECTIONS RELATING TO SPACE FOR PASSENGERS ON AIRCRAFT.

    (a) Moratorium on Reductions to Aircraft Seat Size.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, the Administrator shall prohibit any 
        air carrier from reducing the size, width, or pitch of seats on 
        passenger aircraft operated by the air carrier, the amount of 
        leg room per seat on such aircraft, or the width of aisles on 
        such aircraft.
            (2) Termination.--The prohibition under paragraph (1) shall 
        terminate on the date on which the regulations required by 
        subsection (a) take effect.
    (b) Regulations Relating to Space for Passengers on Aircraft.--Not 
later than 180 days after the date of the enactment of this Act, the 
Administrator shall prescribe regulations--
            (1) establishing minimum standards for space for passengers 
        on passenger aircraft, including the size, width, and pitch of 
        seats, the amount of leg room, and the width of aisles on such 
        aircraft for the safety and health of passengers; and
            (2) requiring each air carrier to prominently display on a 
        publicly available Internet website of the air carrier the 
        amount of space available for each passenger on passenger 
        aircraft operated by the air carrier or by another air carrier 
        with which the air carrier has a codesharing or other joint 
        marketing arrangement, including the size, width, and pitch of 
        seats, the amount of leg room, and the width of aisles on such 
        aircraft.
    (c) Consultations.--In prescribing the regulations required under 
subsection (a), the Administrator shall consult with the Occupational 
Safety and Health Administration, the Centers for Disease Control and 
Prevention, passenger advocacy organizations, physicians, and ergonomic 
engineers.

SEC. 108. AVAILABILITY OF LAVATORIES ON PASSENGER AIRCRAFT.

    (a) In General.--Subchapter I of chapter 417 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 41725. Availability of lavatories on passenger aircraft
    ``(a) In General.--Each air carrier and foreign air carrier shall 
ensure that each passenger aircraft operated by the air carrier or 
foreign air carrier maintains sufficient functional lavatories (as 
determined by the Secretary of Transportation) that--
            ``(1) are available for use, free of charge, any time 
        passengers are on board the aircraft; and
            ``(2) can accommodate individuals with disabilities.
    ``(b) Disability Defined.--In this section, the term `disability' 
has the meaning given that term in section 3 of the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12102).
    ``(c) Regulations.--Not later than 180 days after the date of the 
enactment of the Airline Passengers' Bill of Rights, the Secretary of 
Transportation shall prescribe such regulations as are necessary to 
carry out this section.''.
    (b) Clerical Amendment.--The analysis for chapter 417 of such title 
is amended by inserting after the item relating to section 41724 the 
following:

``41725. Availability of lavatories on passenger aircraft.''.

SEC. 109. AVAILABILITY OF POTABLE WATER ON PASSENGER AIRCRAFT.

    (a) In General.--Subchapter I of chapter 417 of title 49, United 
States Code, as amended by section 108, is further amended by adding at 
the end the following:
``Sec. 41726. Availability of potable water on passenger aircraft
    ``(a) In General.--Each air carrier and foreign air carrier shall 
ensure that potable water is available, free of charge, to passengers 
on board aircraft operated by the air carrier or foreign air carrier.
    ``(b) Regulations.--Not later than 180 days after the date of the 
enactment of the Airline Passengers' Bill of Rights, the Secretary of 
Transportation shall prescribe such regulations as are necessary to 
carry out this section.''.
    (b) Clerical Amendment.--The analysis for chapter 417 of such title 
is amended by inserting after the item relating to section 41725, as 
added by section 108, the following:

``41726. Availability of potable water on passenger aircraft.''.

SEC. 110. TRAINING ON RIGHTS OF PASSENGERS.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary shall prescribe regulations requiring an air carrier 
to provide, not less frequently than every 180 days, training on the 
rights of passengers to employees and representatives of the air 
carrier that directly interact with passengers, including ticket 
agents, gate agents, pilots, and flight attendants.

SEC. 111. INTERNET DISSEMINATION OF INFORMATION ON PASSENGER RIGHTS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall--
            (1) establish, and frequently update, a publicly available 
        Internet website of the Department of Transportation that--
                    (A) is modern and easy-to-use;
                    (B) can be easily accessed using a mobile device; 
                and
                    (C) provides information to passengers to help 
                passengers in air transportation determine if their 
                rights have been violated and identify the compensation 
                and remedies to which they are entitled, including a 
                link to the passenger rights complaint form developed 
                under subsection (b)(1); and
            (2) ensure that information described in paragraph (1)(C) 
        is made available through social media accounts frequently used 
        by the Department; and
            (3) develop an application for mobile devices that provides 
        such information and is available at no charge.
    (b) Passenger Rights Complaint Form.--Not later than 180 days after 
the date of the enactment of this Act, the Secretary shall--
            (1) develop a universal passenger rights complaint form for 
        a passenger in air transportation to use when contacting an air 
        carrier with a complaint about the treatment of the passenger, 
        which shall--
                    (A) provide information to the passenger to help 
                the passenger identify whether the passenger's rights 
                have been violated and the compensation and other 
                remedies to which the passenger may be entitled; and
                    (B) provide the passenger with an opportunity to 
                consent to make the complaint publicly available on an 
                Internet website of the Department of Transportation;
            (2) require an air carrier to provide a passenger who files 
        a form developed under paragraph (1) with--
                    (A) an initial response not later than 7 days after 
                the passenger files the form; and
                    (B) a substantive response not later than 30 days 
                after the passenger files the form; and
            (3) establish a process within the Department of 
        Transportation for appeals relating to forms filed with air 
        carriers under paragraph (2).

SEC. 112. REPORT ON QUALITY AND SAFETY OF FOOD AND WATER ON PASSENGER 
              AIRCRAFT.

    Not later than 180 days after the date of the enactment of this 
Act, the Administrator shall submit to the appropriate committees of 
Congress a report assessing the quality and safety of food and potable 
water on passenger aircraft.

SEC. 113. REPORT ON SUFFICIENCY OF AVAILABLE FLIGHT CREWS AND AIRCRAFT.

    Not later than 180 days after the date of the enactment of this 
Act, the Administrator shall submit to the appropriate committees of 
Congress a report assessing--
            (1) whether air carriers ensure that sufficient flight 
        crews and aircraft are available for scheduled flights; and
            (2) the extent to which not having sufficient flight crews 
        and aircraft available affects arrival and departure times.

                     TITLE II--CONSUMER PROTECTIONS

SEC. 201. PROTECTIONS RELATING TO THE IMPOSITION OF FEES THAT ARE NOT 
              REASONABLE AND PROPORTIONAL TO THE COSTS INCURRED.

    (a) In General.--Not later than 270 days after the date of the 
enactment of this Act, the Secretary shall prescribe regulations--
            (1) prohibiting an air carrier from imposing fees described 
        in subsection (b) that are unreasonable or disproportional to 
        the costs incurred by the air carrier; and
            (2) establishing standards for assessing whether such fees 
        are reasonable and proportional to the costs incurred by the 
        air carrier.
    (b) Fees Described.--The fees described in this subsection are--
            (1) any fee for a change or cancellation of a reservation 
        for a flight in air transportation;
            (2) any fee relating to checked baggage or carry-on baggage 
        to be transported on a flight;
            (3) any fee relating to seat selection or reservations on a 
        flight;
            (4) any fee relating to changing between flights departing 
        on the same day or flying standby on a flight; and
            (5) any other fee imposed by an air carrier relating to a 
        flight.
    (c) Considerations.--In establishing the standards required under 
subsection (a)(2), the Secretary shall consider--
            (1) with respect to a fee described in subsection (b)(1) 
        imposed by an air carrier for a change or cancellation of a 
        flight reservation--
                    (A) any net benefit or cost to the air carrier from 
                the change or cancellation, taking into consideration--
                            (i) the ability of the air carrier to 
                        anticipate the expected average number of 
                        cancellations and changes and make reservations 
                        accordingly;
                            (ii) the ability of the air carrier to fill 
                        a seat made available by a change or 
                        cancellation;
                            (iii) any difference in the fare likely to 
                        be paid for a ticket sold to another passenger 
                        for a seat made available by the change or 
                        cancellation, as compared to the fare paid by 
                        the passenger who changed or canceled the 
                        passenger's reservation; and
                            (iv) the likelihood that the passenger 
                        changing or cancelling the passenger's 
                        reservation will fill a seat on another flight 
                        by the same air carrier;
                    (B) the costs of processing the change or 
                cancellation electronically; and
                    (C) any related labor costs;
            (2) with respect to a fee described in subsection (b)(2) 
        imposed by an air carrier relating to checked baggage--
                    (A) the costs of processing checked baggage 
                electronically; and
                    (B) any related labor costs; and
            (3) any other considerations the Secretary considers 
        appropriate.
    (d) Updated Regulations.--The Secretary shall update the standards 
required under subsection (a)(2) not less frequently than every 3 
years.

SEC. 202. PROTECTIONS RELATING TO DISCLOSURE OF FLIGHT INFORMATION.

    (a) Prohibition on Limiting Access of Consumer to Information.--Not 
later than 180 days after the date of the enactment of this Act, the 
Secretary shall prescribe regulations prohibiting an air carrier from 
limiting the access of consumers to information relating to schedules, 
fares, fees, and taxes relating to flights in passenger air 
transportation.
    (b) Prohibition on Withholding Information.--Not later than 180 
days after the date of the enactment of this Act, the Secretary shall 
prescribe regulations prohibiting an air carrier, through a global 
distribution system or otherwise, from withholding flight, fare, 
scheduling, availability, and other information published by air 
carriers from consumers and online travel agents and metasearch engines 
that provide flight search tools.

SEC. 203. TRANSPARENCY IN PRICING OF TICKETS IN AIR TRANSPORTATION.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary shall prescribe regulations requiring--
            (1) air carriers to provide useable, current, and accurate 
        information in a user-friendly, accessible form, with respect 
        to fares, applicable taxes, and ancillary fees to ticket 
        agents, online travel agents, and metasearch engines that 
        provide flight search tools;
            (2) air carriers to allow consumers to purchase tickets and 
        pay for applicable taxes and ancillary fees through ticket 
        agents, online travel agents, and metasearch engines that 
        provide flight search tools;
            (3) air carriers, ticket agents, online travel agents, and 
        metasearch engines that provide flight search tools to disclose 
        all applicable taxes and any ancillary fees charged by an air 
        carrier with respect to a fare that are applicable to the 
        services identified by the purchaser, at any point at which the 
        fare is shown in whole or in part; and
            (4) air carriers, ticket agents, online travel agents, and 
        metasearch engines that provide flight search tools, in any 
        telephonic communication with a prospective consumer in the 
        United States regarding the cost of air transportation, to 
        inform the consumer of all applicable taxes and any ancillary 
        fees charged by an air carrier in relation to the air 
        transportation and associated services requested by the 
        consumer, at any point at which the cost of the air 
        transportation is disclosed in whole or in part.

SEC. 204. DISCLOSURE OF LOWEST FARES FOR AIR TRANSPORTATION.

    (a) In General.--Section 41712(c)(1) of title 49, United States 
Code, is amended--
            (1) in subparagraph (A), by striking ``and'' at the end;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(C) the lowest available fare options for the 
                flight and for each flight segment of the flight, if 
                applicable.''.
    (b) Regulations.--The Secretary, in consultation with the 
Administrator, shall prescribe such regulations as may be necessary to 
carry out section 41712(c)(1)(C) of title 49, United States Code, as 
added by subsection (a).

SEC. 205. FREQUENT FLYER PROGRAMS FAIRNESS AND TRANSPARENCY.

    (a) In General.--Section 41712(c) of title 49, United States Code, 
is amended by adding at the end the following:
            ``(3) Frequent flyer programs.--It shall be an unfair or 
        deceptive practice under subsection (a) for any air carrier or 
        foreign air carrier that offers a frequent flyer program--
                    ``(A) to materially change the terms or conditions 
                of the frequent flyer program without providing 
                reasonable notice to consumers; or
                    ``(B) to unfairly reduce or eliminate benefits 
                earned by members of the frequent flyer program.''.
    (b) Regulations.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary, in consultation with 
        the Administrator, shall prescribe such regulations as may be 
        necessary to carry out section 41712(c)(3) of title 49, United 
        States Code, as added by subsection (a).
            (2) Considerations.--In prescribing the regulations 
        required under paragraph (1), the Secretary shall--
                    (A) take into consideration--
                            (i) the significance of the change to the 
                        frequent flyer program's terms and conditions; 
                        and
                            (ii) the amount of time between the 
                        notification provided to a consumer and the 
                        date on which the change takes effect; and
                    (B) require each air carrier that offers a frequent 
                flyer program to disclose, in a standardized format, 
                when offering or enrolling consumers into the program, 
                accurate information regarding the program's rules, 
                including--
                            (i) the rate at which credits are earned;
                            (ii) the minimum number of credits earned 
                        per flight;
                            (iii) the number of credits needed for each 
                        award;
                            (iv) any applicable deadlines for redeeming 
                        credits;
                            (v) any restrictions on the transferability 
                        of earned credit and awards;
                            (vi) other conditions and limitations of 
                        the program;
                            (vii) the percentage of successful 
                        redemptions; and
                            (viii) frequent flyer seats made available 
                        in the top origin and destination markets.

SEC. 206. REFUNDS FOR LOST, DAMAGED, DELAYED, OR PILFERED BAGGAGE.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall prescribe regulations 
requiring an air carrier--
            (1) to promptly provide an automatic refund to a passenger 
        in the amount of any ancillary fee charged by the air carrier 
        for checked baggage if the passenger's checked baggage arrives 
        damaged; and
            (2) to provide notification to a passenger who is impacted 
        by lost, damaged, delayed, or pilfered baggage, through the 
        passenger's chosen method of communication, of the procedure by 
        which the passenger shall obtain a refund and the amount of the 
        refund.
    (b) Inclusion in Contract of Carriage.--An air carrier shall 
include the requirements under subsection (a) in the air carrier's 
contract of carriage.

SEC. 207. PASSENGER RIGHTS TRANSPARENCY.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary shall prescribe regulations 
requiring air carriers to notify passengers of their rights and 
eligibility for refunds, compensation, and protections required by law, 
including by an air carrier's contract of carriage, or otherwise 
available to passengers.
    (b) Requirements.--In prescribing the regulations under subsection 
(a), the Secretary shall require air carriers--
            (1) to promptly and expressly notify eligible passengers 
        and the public of their eligibility for refunds, compensation, 
        and protections not later than 30 minutes after the air carrier 
        becomes aware that such passengers have become eligible for 
        such refunds, compensation, and protections;
            (2) if such air carriers permit passengers and other 
        interested persons to subscribe to flight status notification 
        services--
                    (A) to deliver refunds, compensation, and 
                protection notifications to subscribers to such 
                services, by whatever means the air carrier offers that 
                the subscriber chooses; and
                    (B) to incorporate commitments with respect to such 
                services into their customer service plans;
            (3) to continuously display information and eligibility 
        requirements for refunds, compensation, and protections, 
        including refunds, compensation, and protections relating to--
                    (A) denied boarding and delays and cancellations 
                (including on international flights); and
                    (B) lost, damaged, or delayed luggage; and
            (4) to prominently display passengers' rights and contact 
        information for the Department of Transportation's consumer 
        complaint system on boarding passes, computer-generated 
        boarding passes, and ticketed itineraries, and at boarding 
        gates and ticket counters.

SEC. 208. PRIVATE RIGHT OF ACTION AGAINST UNFAIR AND DECEPTIVE 
              PRACTICES.

    Section 41712 of title 49, United States Code, as amended by 
section 104, is further amended by adding at the end the following:
    ``(e) Private Right of Action.--
            ``(1) In general.--Any individual who purchases a ticket 
        for air transportation and is aggrieved by an action prohibited 
        under this section may file a civil action for damages and 
        injunctive relief in an appropriate district court of the 
        United States or a State court located in the State in which--
                    ``(A) the unlawful action is alleged to have been 
                committed; or
                    ``(B) the aggrieved individual resides.
            ``(2) Enforcement by a state.--The attorney general of any 
        State, as parens patriae, may bring a civil action to enforce 
        the provisions of this section in--
                    ``(A) any district court of the United States in 
                that State; or
                    ``(B) any State court that is located in that State 
                and has jurisdiction over the defendant.''.

SEC. 209. FAIRNESS AND TRANSPARENCY IN CONTRACTS OF CARRIAGE.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary shall require an air carrier to prominently display 
on a publicly available Internet website of the air carrier, and 
provide to a consumer before the consumer purchases a ticket for air 
transportation, a standardized, easy-to-understand, and concise 
statement relating to the protections available for passengers that 
clearly and accurately summarizes the terms and conditions of the air 
carrier's contract of carriage relating to such protections, 
including--
            (1) policies relating to flight delays and cancellations;
            (2) carry-on baggage allowances and space availability;
            (3) checked baggage policies and compensation for lost, 
        damaged, delayed, or pilfered bags;
            (4) ticketing change and cancellation allowances;
            (5) ancillary fees;
            (6) family seating policies, including seating policies for 
        children under the age of 2;
            (7) eligibility requirements for refunds, compensation, and 
        other protections;
            (8) interline agreements and protections; and
            (9) such other terms and conditions as the Secretary 
        considers appropriate.

SEC. 210. PRIVATE RIGHT OF ACTION FOR DISCRIMINATION CLAIMS AGAINST AIR 
              CARRIERS.

    Section 41705 of title 49, United States Code, is amended--
    ``(d) Civil Action.--
            ``(1) In general.--Any individual who purchases a ticket 
        for air transportation and is aggrieved by a violation by an 
        air carrier of this section or a regulation prescribed under 
        this section may, not later than 2 years after the date of the 
        violation, bring a civil action in an appropriate district 
        court of the United States.
            ``(2) Relief.--In a civil action brought under paragraph 
        (1) in which the plaintiff prevails--
                    ``(A) the plaintiff may obtain equitable and legal 
                relief, including compensatory and punitive damages; 
                and
                    ``(B) the court shall award reasonable attorney's 
                fees, reasonable expert fees, and the costs of the 
                action to the plaintiff.
            ``(3) No requirement for exhaustion of remedies.--An 
        individual described in paragraph (1) is not required to 
        exhaust administrative complaint procedures before filing a 
        civil action under paragraph (1).
            ``(4) Rule of construction.--Nothing in this subsection 
        shall be construed to invalidate or limit other Federal or 
        State laws affording to people with disabilities greater legal 
        rights or protections than those granted in this section.''.

SEC. 211. NO PREEMPTION OF CONSUMER PROTECTION CLAIMS.

    Section 41713(b)(4) of title 49, United States Code, is amended by 
adding at the end the following:
                    ``(D) No preemption of consumer protection 
                claims.--Nothing in subparagraphs (A) through (C) may 
                be construed--
                            ``(i) to preempt, displace, or supplant any 
                        action for civil damages or injunctive relief 
                        based on a State consumer protection statute; 
                        or
                            ``(ii) to restrict the authority of any 
                        government entity, including an attorney 
                        general of a State, from bringing a legal claim 
                        on behalf of the citizens of the State.''.

SEC. 212. INVALIDATION OF PRE-DISPUTE ARBITRATION AND CLASS-ACTION 
              WAIVER CLAUSES IN CERTAIN CONTRACTS RELATING TO PASSENGER 
              AIR TRANSPORTATION.

    (a) Arbitration.--Notwithstanding any other provision of law, 
arbitration may be used to settle a controversy arising from or 
relating to a provision of a contract described in subsection (c) only 
if, after the controversy arises, all parties to the controversy 
consent in writing to use arbitration to settle the controversy.
    (b) Class Actions.--Notwithstanding any other provision of law, an 
agreement waiving the right of a person to bring, or otherwise 
prohibiting a person from bringing, a claim regarding a dispute 
relating to a provision of a contract described in subsection (c) as a 
class action that had not arisen before the date on which the agreement 
is executed shall not be enforceable and shall have no force or effect.
    (c) Contracts Described.--A contract described in this subsection 
is a contract--
            (1) for the purchase of a ticket for passenger air 
        transportation;
            (2) setting forth the terms of a reward program of an air 
        carrier; or
            (3) setting forth the terms under which an air carrier will 
        provide a credit product.
    (d) Applicability.--Subsections (a) and (b) shall apply with 
respect to contracts entered into or renewed on or after the date of 
the enactment of this Act.
    (e) Definitions.--In this section:
            (1) Credit product.--
                    (A) In general.--The term ``credit product'' means 
                a plan offered by, or in partnership with, an air 
                carrier--
                            (i) under which the creditor reasonably 
                        contemplates repeated transactions;
                            (ii) that prescribes the terms of such 
                        transactions; and
                            (iii) that provides for a finance charge 
                        that may be computed from time to time on the 
                        outstanding unpaid balance.
                    (B) Inclusion.--A credit plan or open-end consumer 
                credit plan that is a credit product within the meaning 
                of subparagraph (A) is a credit product even if credit 
                information is verified from time to time.
            (2) Passenger air transportation.--The term ``passenger air 
        transportation'' means the transportation of passengers and 
        their property by aircraft.
            (3) Reward program.--The term ``reward program'' means any 
        reward program offered by an air carrier, including a frequent 
        flyer program, under which a consumer earns mileage or other 
        credits from the air carrier that can be exchanged for goods, 
        services, or other benefits.

SEC. 213. CONSUMER COMPLAINT PROCESS IMPROVEMENT.

    (a) In General.--Section 42302 of title 49, United States Code, is 
amended--
            (1) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively;
            (2) by inserting after subsection (a) the following:
    ``(b) Point of Sale.--Each air carrier, foreign air carrier, and 
ticket agent shall inform each consumer of a carrier service, at the 
point of sale, that the consumer can file a complaint about that 
service with the carrier and with the Aviation Consumer Protection 
Division of the Department of Transportation.'';
            (3) by amending subsection (c), as redesignated, to read as 
        follows:
    ``(c) Internet Website or Other Online Service Notice.--Each air 
carrier and foreign air carrier shall include on a publicly available 
Internet website, any related mobile device application, and online 
service--
            ``(1) the hotline telephone number established under 
        subsection (a) or the telephone number for the Aviation 
        Consumer Protection Division of the Department of 
        Transportation;
            ``(2) an active link and the email address, telephone 
        number, and mailing address of the air carrier or foreign air 
        carrier, as applicable, for a consumer to submit a complaint to 
        the carrier about the quality of service;
            ``(3) notice that the consumer can file a complaint with 
        the Aviation Consumer Protection Division of the Department of 
        Transportation;
            ``(4) an active link to the Internet website of the 
        Aviation Consumer Protection Division of the Department of 
        Transportation for a consumer to file a complaint; and
            ``(5) the active link described in paragraph (2) on the 
        same Internet website page as the active link described in 
        paragraph (4).'';
            (4) in subsection (d), as redesignated--
                    (A) in the matter preceding paragraph (1), by 
                striking ``An air carrier or foreign air carrier 
                providing scheduled air transportation using any 
                aircraft that as originally designed has a passenger 
                capacity of 30 or more passenger seats'' and inserting 
                ``Each air carrier and foreign air carrier'';
                    (B) in paragraph (1), by striking ``air carrier'' 
                and inserting ``carrier''; and
                    (C) in paragraph (2), by striking ``air carrier'' 
                and inserting ``carrier''; and
            (5) by adding after subsection (d), as redesignated, the 
        following:
    ``(e) Reporting Requirement.--Upon receipt of any complaint, an air 
carrier shall send the content of the complaint to the Aviation 
Consumer Protection Division of the Department of Transportation.''.
    (b) Regulations.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall prescribe regulations to 
implement the requirements of section 42302 of title 49, United States 
Code, as amended by subsection (a).

SEC. 214. REPORT BY ADVISORY COMMITTEE FOR AVIATION CONSUMER 
              PROTECTION.

    Not later than 180 days after the date of the enactment of this 
Act, and annually thereafter, the Advisory Committee for Aviation 
Consumer Protection shall submit to the appropriate committees of 
Congress a report making recommendations for improving consumer 
protections for passengers in air transportation.

                 TITLE III--PENALTIES FOR AIR CARRIERS

SEC. 301. INCREASE IN CIVIL PENALTY FOR VIOLATIONS OF PASSENGER 
              PROTECTION LAWS.

    (a) In General.--Section 46301(a) of title 49, United States Code, 
is amended by adding at the end the following:
    ``(7) Violations of Passenger Protection Laws.--The maximum civil 
penalty specified under paragraph (1) shall not apply with respect to a 
violation of a law relating to the treatment of passengers in air 
transportation.''.
    (b) Regulations.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall specify in regulations the 
provisions of law to which paragraph (7) of section 46301(a) of title 
49, United States Code, as added by subsection (a), applies.

SEC. 302. REPORT ON IMPOSITION OF CIVIL PENALTIES.

    Not later than 180 days after the date of the enactment of this 
Act, and annually thereafter, the Secretary shall submit to the 
appropriate committees of Congress a report--
            (1) listing all complaints received from passengers 
        alleging violations of passenger protection laws;
            (2) identifying which of such complaints the Secretary 
        investigated; and
            (3) if the Secretary chose not to pursue the imposition of 
        civil penalties with respect to such complaints, a description 
        of the reasoning of the Secretary for doing so.

SEC. 303. STUDY OF DISTRIBUTION OF CIVIL PENALTIES TO CONSUMERS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to the appropriate 
committees of Congress a report--
            (1) assessing the feasibility and advisability of 
        distributing a civil penalty imposed on an air carrier for a 
        violation of a law relating to the treatment of passengers in 
        air transportation to the passengers affected by the violation; 
        and
            (2) identifying any provisions of law that would need to be 
        amended to permit such distributions.
    (b) Consultations.--The Secretary shall consult with consumer 
advocacy organizations and the Advisory Committee for Aviation Consumer 
Protection in developing the report required by subsection (a).

SEC. 304. PROHIBITION ON NEGOTIATION OF REDUCTIONS IN CIVIL PENALTIES.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary shall prescribe regulations prohibiting an air 
carrier from negotiating with the Federal Aviation Administration for a 
reduction in a civil penalty imposed for a violation of a law relating 
to the treatment of passengers in air transportation.

               TITLE IV--COMPETITIVENESS OF AIR CARRIERS

SEC. 401. ANALYSIS OF INTERNATIONAL AIR CARRIER ALLIANCES.

    (a) In General.--The Comptroller General of the United States shall 
conduct an analysis of certain cooperative agreements between United 
States air carriers and foreign air carriers (in this section referred 
to as ``alliances'') that--
            (1) have been created pursuant to section 41309 of title 
        49, United States Code; and
            (2) have been exempted from antitrust laws (as defined in 
        the first section of the Clayton Act (15 U.S.C. 12)) pursuant 
        to section 41308 of title 49, United States Code.
    (b) Scope.--The analysis conducted under subsection (a) shall 
assess--
            (1) the consequences of alliances, including reduced 
        competition, stifling new entrants into markets, increasing 
        prices in markets, and other adverse consequences;
            (2) the representations made by air carriers to the 
        Secretary for the necessity of an antitrust exemption;
            (3) the Department of Transportation's expectations of 
        public benefits resulting from alliances, including whether 
        such expected benefits were actually achieved;
            (4) the adequacy of the Department of Transportation's 
        efforts in the approval and monitoring of alliances, including 
        whether the Department possesses relevant experience and 
        expertise in the fields of antitrust and consumer protection;
            (5) whether there has been sufficient transparency in the 
        approval of alliances, including opportunities for public 
        review and comment;
            (6) the role of the Department of Justice in the oversight 
        of alliances;
            (7) whether there are alternatives to antitrust immunity 
        that could be conferred that would also produce public 
        benefits;
            (8) whether alliances should be required to expire;
            (9) the level of competition between air carriers who are 
        members of the same alliance;
            (10) the level of competition between alliances;
            (11) whether the Department of Transportation should amend, 
        modify, or revoke any exemption from the antitrust laws granted 
        by the Secretary in connection with an alliance; and
            (12) the effect of alliances on the number and quality of 
        jobs for flight crew employees of United States air carriers, 
        including the share of alliance flying done by such employees.
    (c) Recommendations.--Not later than 180 days after the date of the 
enactment of this Act, the Comptroller General shall submit to Congress 
the results of the analysis conducted under subsection (a), which shall 
include recommendations on the reforms needed to improve competition 
and enhance choices for consumers, including--
            (1) whether oversight of alliances should be exercised by 
        the Department of Justice rather than by the Department of 
        Transportation; and
            (2) whether antitrust immunity for alliances should expire.

SEC. 402. ANALYSIS OF AIR CARRIER MERGERS.

    (a) In General.--The Comptroller General of the United States shall 
conduct a post hoc analysis of the effect on the public interest and 
the state of competition and choice in the air transportation industry 
as a result of consolidation of air carriers that occurred on or after 
January 1, 2000, and before the date of the enactment of this Act.
    (b) Considerations.--In conducting the analysis required under 
subsection (a), the Comptroller General shall consider the extent to 
which--
            (1) fares are reasonable and proportional to the costs of 
        the services provided; and
            (2) between January 1, 2000, and the date of the enactment 
        of this Act--
                    (A) fares have changed;
                    (B) competition and consumer choice have changed;
                    (C) fees imposed by air carriers, including 
                ancillary fees, have changed;
                    (D) configuration of routes has changed and the 
                extent to which the availability of choices on those 
                routes has changed;
                    (E) operational performance has improved; and
                    (F) investment in aircraft, amenities, and 
                workforce has changed.
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