[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8698 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 8698

 To eliminate the exemption of air carriers from the authority of the 
 Federal Trade Commission and to prohibit certain unfair and deceptive 
   acts and practices relating to air carrier delays, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 9, 2022

Ms. Schakowsky (for herself and Mr. Cicilline) introduced the following 
    bill; which was referred to the Committee on Transportation and 
    Infrastructure, and in addition to the Committee on Energy and 
Commerce, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To eliminate the exemption of air carriers from the authority of the 
 Federal Trade Commission and to prohibit certain unfair and deceptive 
   acts and practices relating to air carrier delays, 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 ``Ensuring Friendly Skies for 
Passengers Act''.

SEC. 2. ELIMINATION OF EXEMPTION OF AIR CARRIERS FROM AUTHORITY OF FTC.

    Section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 
45(a)(2)) is amended by striking ``air carriers and foreign air 
carriers subject to the Federal Aviation Act of 1958,''.

SEC. 3. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RELATING TO AIR CARRIER 
              DELAYS.

    It shall be unlawful for an air carrier or foreign air carrier, 
with respect to passenger air transportation, to--
            (1) sell a ticket for air transportation on a flight of the 
        air carrier or foreign air carrier if the air carrier or 
        foreign air carrier knows or should know, at the time when the 
        ticket is sold, that the air carrier or foreign air carrier 
        will not have sufficient staff to provide the ticketed air 
        transportation;
            (2) cancel a flight during the 4-hour period preceding the 
        scheduled departure time if the air carrier or foreign air 
        carrier knew or should have known, 48 hours or more before the 
        scheduled departure time, that the air carrier or foreign air 
        carrier would not have sufficient staff to provide the ticketed 
        air transportation; or
            (3) delay a domestic flight for more than 4 hours beyond 
        the scheduled departure time or an international flight for 
        more than 6 hours beyond the scheduled departure time if the 
        air carrier or foreign air carrier knew or should have known, 
        48 hours or more before the scheduled departure time, that the 
        air carrier or foreign air carrier would not have sufficient 
        staff to provide an on-time departure.

SEC. 4. ENFORCEMENT BY FTC.

    (a) In General.--A violation of this Act or a regulation 
promulgated under this Act shall be treated as a violation of a rule 
defining an unfair or deceptive act or practice under section 
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 
57a(a)(1)(B)). The Commission shall enforce this Act and the 
regulations promulgated under this Act in the same manner, by the same 
means, and with the same jurisdiction, powers, and duties as though all 
applicable terms and provisions of the Federal Trade Commission Act (15 
U.S.C. 41 et seq.), as amended by section 1, were incorporated into and 
made a part of this Act.
    (b) Privileges and Immunities.--Any person who violates this Act or 
a regulation promulgated under this Act shall be subject to the 
penalties and entitled to the privileges and immunities provided in the 
Federal Trade Commission Act (15 U.S.C. 41 et seq.).
    (c) Authority Preserved.--Nothing in this Act may be construed to 
limit the authority of the Commission under any other provision of law.

SEC. 5. ENFORCEMENT BY STATE ATTORNEYS GENERAL.

    (a) In General.--Notwithstanding any other provision of law, in any 
case in which the attorney general or chief consumer protection officer 
of a State has reason to believe that an interest of the residents of 
such State has been, may be, or is adversely affected by a violation of 
this Act or a regulation promulgated under this Act, such attorney 
general or chief consumer protection officer may bring a civil action 
in the name of such State, or as parens patriae on behalf of the 
residents of such State, in an appropriate district court of the United 
States to--
            (1) enjoin such violation;
            (2) enforce compliance with this Act or such regulation;
            (3) obtain damages, restitution, or other compensation on 
        behalf of the residents of such State; or
            (4) obtain reasonable attorneys' fees and other litigation 
        costs reasonably incurred.
    (b) Rights of Commission.--
            (1) In general.--Except as provided in paragraph (2), the 
        attorney general or chief consumer protection officer of a 
        State shall notify the Commission in writing prior to 
        initiating a civil action under subsection (a). Such 
        notification shall include a copy of the complaint to be filed 
        to initiate such action. Upon receiving such notification, the 
        Commission may intervene in such action as a matter of right.
            (2) Feasibility.--If the notification required by paragraph 
        (1) is not feasible, the attorney general or chief consumer 
        protection officer shall notify the Commission immediately 
        after initiating the civil action.
    (c) Actions by Commission.--In any case in which a civil action is 
instituted by or on behalf of the Commission for violation of this Act 
or a regulation promulgated under this Act, no attorney general or 
chief consumer protection officer of a State may, during the pendency 
of such action, institute a civil action against any defendant named in 
the complaint in the action instituted by or on behalf of the 
Commission for a violation of this Act or a regulation promulgated 
under this Act that is alleged in such complaint, if such complaint 
alleges such violation affected the residents of such State or 
individuals nationwide. If a civil action is instituted by or on behalf 
of the Commission for a violation of this Act or a regulation 
promulgated under this Act that affects the interests of the residents 
of a State, the attorney general or chief consumer protection officer 
of such State may intervene in such action as a matter of right.
    (d) Rule of Construction.--Nothing in this section may be construed 
to prevent the attorney general or chief consumer protection officer of 
a State from exercising the powers conferred on such attorney general 
or chief consumer protection officer to conduct investigations, to 
administer oaths or affirmations, or to compel the attendance of 
witnesses or the production of documentary or other evidence.

SEC. 6. RULEMAKING.

    The Commission may promulgate regulations under section 553 of 
title 5, United States Code, to implement this Act.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Commission 
$20,000,000 for fiscal year 2023 to carry out this Act, and such amount 
is authorized to remain available until September 30, 2031.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) Air carrier and related definitions.--The terms ``air 
        carrier'', ``air transportation'', and ``foreign air carrier'' 
        have the meanings given such terms in section 40102(a) of title 
        49, United States Code.
            (2) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (3) State.--The term ``State'' means each State of the 
        United States, the District of Columbia, and each commonwealth, 
        territory, or possession of the United States.
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