[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 178 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 178
To establish protections for passengers in air transportation, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 31, 2023
Mr. Blumenthal (for himself, Mr. Markey, Mr. Whitehouse, Mr. Casey, Mr.
Wyden, and Mr. Sanders) 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. Rules regarding compensation provided to passengers.
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. Protections relating to space for passengers on aircraft.
Sec. 107. Availability of lavatories on passenger aircraft.
Sec. 108. Availability of potable water on passenger aircraft.
Sec. 109. Training on rights of passengers.
Sec. 110. Report on quality and safety of food and water on passenger
aircraft.
Sec. 111. 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.
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 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) Passenger air transportation.--The term ``passenger air
transportation'' means, with respect to the transportation of
passengers by aircraft as a common carrier for compensation,
foreign air transportation, interstate air transportation, and
intrastate air transportation, as such terms are defined in
section 40102 of title 49, United States Code.
(8) 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.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(10) 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. RULES REGARDING COMPENSATION PROVIDED TO PASSENGERS.
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 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
(3) 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.
SEC. 102. MINIMUM COMPENSATION PROVIDED TO PASSENGERS INVOLUNTARILY
DENIED BOARDING.
Not later than 60 days after the date of enactment of this Act, the
Secretary shall, notwithstanding section 425(e)(2) of the FAA
Reauthorization Act of 2018, issue a final rule to revise part 250 of
title 14, Code of Federal Regulations, to establish that $1,350 is the
minimum level of compensation an air carrier or foreign air carrier
must pay to a passenger who is involuntarily denied boarding as the
result of an oversold flight.
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) 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 1 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. 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 (b) take effect.
(b) Regulations Relating to Space for Passengers on Aircraft.--Not
later than 1 year after the date of enactment of this Act, and after
providing notice and an opportunity for comment, the Administrator
shall issue regulations--
(1) establishing minimum dimensions for passenger seats on
aircraft operated by air carriers in interstate air
transportation or intrastate air transportation, 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 (b), 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.
(d) Conforming Repeal.--Section 577 of the FAA Reauthorization Act
of 2018 is repealed.
SEC. 107. 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. 41727. 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 41726 the
following:
``41727. Availability of lavatories on passenger aircraft.''.
SEC. 108. 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 107(a), is amended by adding at the
end the following:
``Sec. 41728. 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, as amended by section 107(b), is amended by inserting after the
item relating to section 41727 the following:
``41728. Availability of potable water on passenger aircraft.''.
SEC. 109. 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. 110. 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. 111. 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 passenger air transportation;
(2) any fee relating to checked baggage or carry-on baggage
to be transported on a flight in passenger air transportation;
(3) any fee relating to the choice or assignment of seats
on a flight in passenger air transportation; and
(4) any other fee imposed by an air carrier relating to a
flight in passenger air transportation.
(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 that was
paid by the passenger for the seat for which
the reservation was changed or canceled; and
(iv) the likelihood that the passenger
changing or cancelling the reservation will, as
a result, 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;
(3) with respect to a fee described in subsection (b)(3)
imposed by an air carrier relating to the choice or assignment
of seats on a flight in passenger air transportation, ensuring
that a passenger traveling with children who are 13 years of
age or younger are able to be seated with those children at no
additional charge to the passenger traveling with such children
or to any other passenger traveling on the flight involved; and
(4) 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)(3).
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 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.
(a) In General.--Subsection (a) of section 429(a) of the FAA
Reauthorization Act of 2018 is amended by adding at the end the
following:
``(7) Family seating policies, including seating policies
for children under the age of 2.
``(8) Interline agreements and protections.
``(9) Such other terms and conditions as the Secretary
considers appropriate.''.
(b) Resubmission.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall require each air carrier
to--
(1) resubmit the summarized 1-page document described in
such section 429 to take into account the amendment made by
subsection (a); and
(2) make available such revised document in a prominent
location on its website pursuant to subsection (b) of such
section 429.
SEC. 210. PRIVATE RIGHT OF ACTION FOR DISCRIMINATION CLAIMS AGAINST AIR
CARRIERS.
Section 41705 of title 49, United States Code, is amended by adding
at the end the following:
``(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, as
amended by section 423 of the FAA Reauthorization Act of 2018, is
amended--
(1) by amending subsection (b) to read as follows:
``(b) 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).''; and
(2) by adding at the end the following new subsections:
``(f) 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.
``(g) 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).
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:
``(8) 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 (8) 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 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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