117 HR 8698 IH: Ensuring Friendly Skies for Passengers Act
U.S. House of Representatives
2022-08-09
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I
117th CONGRESS
2d Session
H. R. 8698
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.
1.

Short title
This Act may be cited as the “Ensuring Friendly Skies for Passengers Act”.
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,”.
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.
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.
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.
6.

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