[Congressional Record Volume 155, Number 6 (Monday, January 12, 2009)]
[Senate]
[Pages S314-S315]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. BOXER (for herself and Ms. Snowe):
  S. 213. A bill to amend title 49, United States Code, to ensure air 
passengers have access to necessary services while on a grounded air 
carrier, and for other purposes; to the Committee on Commerce, Science, 
and Transportation.
  Mrs. BOXER. Mr. President, today I am pleased to re-introduce the 
Airline Passenger Bill of Rights Act, a critical piece of airline 
passenger safety legislation.
  Anyone who has traveled recently recognizes that the delays travelers 
are encountering at airports are a national problem that needs our 
immediate attention.
  Americans are all too familiar with the numerous horror stories of 
passengers trapped in airplanes sitting on runways for sometimes as 
much as 11 hours without adequate food or water, overflowing restrooms, 
and no opportunity to deplane.
  The delays continue. On the Sunday before Christmas 2008, more than 
250 passengers on a Continental Airlines flight from Houston to Boston 
were diverted to Bangor, ME, where they spent about 6 hours idling on 
the tarmac before they were told that they were going to deplane for 
the night and would have to find shelter and transportation on their 
own.
  When these passengers returned the next day for their trip home, not 
only was their flight delayed 5 hours but they also spent another 2 
hours idling on the tarmac before finally flying to Boston.
  In 1999, the airlines had an opportunity to address the stranding of 
airline passengers on tarmacs across the country, but despite those 
efforts little has changed.
  Last March a Federal appeals court ruling struck down New York 
State's Passenger Bill of Rights law, stating that it is up to the 
Congress to set a national Federal standard.
  To meet this immediate need for Federal legislation, I am re-
introducing the Airline Passenger Bill of Rights Act, along with 
Senator Snowe, to give airline passengers basic protections when they 
are facing these delays and disruptions in their travel.
  This legislation requires airlines to give passengers adequate food, 
water, facilities, and medical attention when planes are delayed on the 
tarmac.
  In addition, the bill requires each air carrier to develop an 
emergency contingency plan, to be reviewed and approved by the 
Department of Transportation (DOT) that identifies a clear timeframe to 
allow passengers to deplane if they choose and if the pilot deems it 
safe.
  Airlines will need to give passengers the option of deplaning every 3 
hours, with exceptions to maintain passenger safety and airport 
efficiency.
  Our legislation also includes a few additional provisions from the 
FAA Reauthorization bill passed by the House in the last Congress. Our 
bill requires airports to develop plans to handle stranded passenger 
aircraft and creates a DOT hotline for consumer complaints. It would 
also permit the DOT to levy fines against air carriers or airports that 
do not submit or adhere to the contingency plans.
  The European Union enacted a Passenger Bill of Rights in 2005 and 
Canada passed similar legislation last year. It is time for the United 
States to step up and make a serious commitment to the millions of 
Americans that rely on safe and effective air travel.
  As the number of airline passengers is expected to increase to 1.3 
billion by 2025, we can't afford a ``business as usual'' attitude when 
it comes to passenger safety and efficiency at our nation's busiest 
airports.
  Consumers deserve access to food, water, and medical attention when 
stranded on an aircraft tarmac due to delays. Congress has the ability 
to ensure airline passengers' fundamental rights are protected by 
enacting our Passenger Bill of Rights legislation.
  I look forward to working with my colleagues to pass this legislation 
in this Congress.
  Ms. SNOWE. Mr. President, I come to the Senate floor today on behalf 
of the millions of travelers throughout this country. Before I begin, I 
would like to take this opportunity to thank Senator Boxer for being 
such a fantastic partner in this effort; an effort that sets aside 
partisanship to protect America's traveling public. Her aggressive, 
heartfelt leadership on this issue has been so essential in moving this 
legislation forward and keeping it at the forefront of the public 
consciousness.
  To my regret, each one of us is far too familiar with horror stories 
of passengers stranded on airplanes for hours at a time with no access 
to food, water or even functional restrooms. Events like the 
unconscionable delays at JFK Airport in New York in February of 2007 
are the most commonly referenced, but these sorts of events are 
occurring on a daily basis. Such dramatic incidents prompted calls for 
congressional action. That call was heard, and its answer is this 
Passenger Bill of Rights before us today. But as time went on, and this 
legislation before us today languished, the chorus for change grew 
quiet. The reasons why we first proposed the Passenger Bill of Rights 
have not dissipated; in fact, they have only increased.
  The 2008 Air Quality Rating report, which quantifies the performances 
of the various airlines when it comes to customer service, indicated it 
was ``the worst year for airlines Ever.'' Delays continue to escalate. 
In fact, despite nearly a 10 percent reduction in capacity last year, 
delays actually climbed to a record high; an average of nearly an hour 
per delay.
  At a time when airlines are grounding flights without notice and 
passengers face interminable waits in aircraft and on tarmacs with 
little or no idea as to when they might depart, there are no safeguards 
in place to protect the rights of America's travelers--the time is now 
for Congress to do the right thing and finally stand with America's 
passengers. The Federal court system agrees with us; in voiding New 
York State's own Passenger Bill of Rights, the Second United States 
Court of Appeals decision indicated that such a Bill of Rights required 
``a Federal standard.'' The airlines declared victory as the New York 
law was overturned; according to the airlines, it would herald a jumble 
of changing regulations among different states, making it too difficult 
to navigate. However, when presented with the option of having a 
national standard by Senator Boxer and myself, they opposed that 
proposal as well. It seems the airlines want carte blanche to treat 
passengers as they wish, with no recourse for that individual. It is 
clear, Congress must take this matter in hand.
  Simply put, Congress has run out of excuses. The courts have 
definitively ruled that this is the Federal Government's 
responsibility. We have not just a right, but a responsibility to the 
American people to ensure that there is some level of accountability, 
some minimum standard. If a patron visits a restaurant that does not 
offer some modicum of working restrooms or provide adequate food and 
water, that customer can leave the restaurant and find another. For the 
airline passenger, that is not an option. They are trapped at the mercy 
of the airline; airlines whose only concern is the bottom line and 
getting that aircraft off the ground, however long that might take.
  Waiting for the airlines to alter their customer service model isn't 
going to work. Thanks to Congressional prodding, the airlines put into 
place their voluntary Customer Service Agreement in 1999. They have had 
almost a decade to follow through with establishing some basic 
commitment to customer service and failed miserably. That is not my 
conclusion; the Inspector General of the Department of Transportation 
agreed with that assessment. It is clear that after years of refusing 
to adopt a commitment to provide customer service to the American 
people, the airline industry will

[[Page S315]]

not take action unless Congress requires them to do so. This time, 
Congress needs to show it is serious about protecting passengers.
  By our actions, we can show the American people that we are on their 
side and are working to protect their interests. Never again, should a 
family be forced to sit on a tarmac for 10 hours, deprived of the most 
basic of necessities. Canada was able to pass their passenger bill of 
rights legislation, so if Canada can do it, then there is no reason 
that Congress cannot do the same. By acting swiftly, and with resolve, 
we can take up and pass an FAA Reauthorization that includes the 
Passenger Bill of Rights, we can restore America's trust in our 
airlines and guarantee them a standard of service we should all be 
entitled to.
                                 ______