II 

118TH CONGRESS 

2D SESSION S. 5470 

To amend chapter 423 of title 49, United States Code, to prohibit air 

carriers from paying ancillary fee incentives and discriminating on the 

basis of a covered characteristic in charging or setting fares or ancillary 

fees, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 10, 2024 

Mr. HAWLEY introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To amend chapter 423 of title 49, United States Code, 

to prohibit air carriers from paying ancillary fee incentives and discriminating on the basis of a covered characteristic in charging or setting fares or ancillary fees, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘End Airline Extortion 

5 Act’’. 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•S 5470 IS

1 SEC. 2. PROHIBITIONS RELATING TO PAYMENT OF ANCIL2 LARY FEE INCENTIVES AND DISCRIMINATING 

3 ON THE BASIS OF A COVERED CHAR4 ACTERISTIC. 

5 (a) IN GENERAL.—Chapter 423 of title 49, United 

6 States Code, is amended by adding at the end the fol7 lowing new section: 

8 ‘‘SEC. 42309. PROHIBITIONS RELATING TO PAYMENT OF AN9 CILLARY FEE INCENTIVES AND DISCRIMI10 NATING ON THE BASIS OF A COVERED CHAR11 ACTERISTIC. 

12 ‘‘(a) PROHIBITION RELATING TO PAYMENT OF AN13 CILLARY FEE INCENTIVES.—No air carrier or foreign air 

14 carrier shall provide any payment, incentive, fee, or other 

15 benefit to any employee, contractor, or other person work16 ing on behalf of the carrier as a direct result of that em17 ployee, contractor, or person requiring a passenger of the 

18 carrier to pay an additional fee related to baggage, seat19 ing, or other add-on service as a condition of boarding a 

20 flight of the carrier. 

21 ‘‘(b) PROHIBITION RELATING TO DISCRIMINATING

22 ON THE BASIS OF A COVERED CHARACTERISTIC.—No air 

23 carrier or foreign air carrier shall discriminate on the 

24 basis of a covered characteristic in charging or setting 

25 fares or ancillary fees to passengers on the same flight 

26 for the same service. 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•S 5470 IS

1 ‘‘(c) DEFINITIONS.—In this section: 

2 ‘‘(1) ADD-ON SERVICE.—The term ‘add-on serv3 ice’ means any service that a passenger or consumer 

4 may add to a flight booking for an additional cost, 

5 or may purchase as an in-flight service, including 

6 seating options, baggage, beverages, food, early 

7 boarding, lounge access, internet or wifi access, or 

8 any other service determined appropriate by the Sec9 retary. 

10 ‘‘(2) COVERED CHARACTERISTIC.—The term 

11 ‘covered characteristic’ means, with respect to a pas12 senger, disability status, familial status, or any char13 acteristic included in section 40127(a) of title 49, 

14 United States Code. 

15 ‘‘(3) SECRETARY.—The term ‘Secretary’ means 

16 the Secretary of Transportation.’’. 

17 (b) RULE OF CONSTRUCTION.—No air carrier or for18 eign air carrier shall be liable for violating section 

19 42309(b) of title 49, United States Code, (as added by 

20 subsection (a)) on the basis of any policies or actions of 

21 the carrier permitting the carriage of a minor child on a 

22 flight of that carrier at no charge or a reduced charge. 

23 (c) CLERICAL AMENDMENT.—The analysis for chap24 ter 423 of title 49, United States Code, is amended by 


ssavage on LAPJG3WLY3PROD with BILLS
4 

•S 5470 IS

1 inserting after the item relating to section 42308 the fol2 lowing: 

‘‘42309. Prohibitions relating to payment of ancillary fee incentives and discriminating on the basis of a covered characteristic.’’. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS