II 

115TH CONGRESS 

1ST SESSION S. 1418 

To establish protections for passengers in air transportation, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 22, 2017 

Mr. BLUMENTHAL (for himself and Mr. MARKEY) 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. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Airline Passengers’ Bill of Rights’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—PASSENGER PROTECTIONS 

Sec. 101. Protections for passengers against being required to relinquish seats. 


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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. Aircraft cabin evacuation procedures. 

Sec. 107. Protections relating to space for passengers on aircraft. 

Sec. 108. Availability of lavatories on passenger aircraft. 

Sec. 109. Availability of potable water on passenger aircraft. 

Sec. 110. Training on rights of passengers. 

Sec. 111. Internet dissemination of information on passenger rights. 

Sec. 112. Report on quality and safety of food and water on passenger aircraft. 

Sec. 113. 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. 

Sec. 214. Report by Advisory Committee for Aviation Consumer Protection. 

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 international air carrier alliances. 

Sec. 402. Analysis of air carrier mergers. 

1 SEC. 2. DEFINITIONS. 

2 Except as otherwise specifically provided, in this Act: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the Federal 

5 Aviation Administration. 


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1 (2) ADVISORY COMMITTEE FOR AVIATION CON2 SUMER PROTECTION.—The term ‘‘Advisory Com3 mittee for Aviation Consumer Protection’’ means the 

4 advisory committee established under section 411 of 

5 the FAA Modernization and Reform Act of 2012 

6 (49 U.S.C. 42301 note prec.). 

7 (3) AIR CARRIER.—The term ‘‘air carrier’’ 

8 means an air carrier or foreign air carrier, as those 

9 terms are defined in section 40102 of title 49, 

10 United States Code. 

11 (4) AIR TRANSPORTATION.—The term ‘‘air 

12 transportation’’ has the meaning given that term in 

13 section 40102 of title 49, United States Code. 

14 (5) ANCILLARY FEE.—The term ‘‘ancillary 

15 fee’’, with respect to a fee imposed by an air carrier, 

16 means any fee for an optional service, including any 

17 fee for a first or second checked bag or a carry-on 

18 bag, cancellation of an itinerary, changes in an 

19 itinerary, seat assignment, or advance boarding. 

20 (6) APPROPRIATE COMMITTEES OF CON21 GRESS.—The term ‘‘appropriate committees of Con22 gress’’ means the Committee on Commerce, Science, 

23 and Transportation of the Senate and the Com24 mittee on Transportation and Infrastructure of the 

25 House of Representatives. 


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1 (7) PURCHASE.—The term ‘‘purchase’’, with re2 spect to a ticket for travel in air transportation, 

3 means the purchase of a ticket using cash or credit 

4 or using miles awarded through the frequent flyer 

5 program of an air carrier. 

6 (8) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of Transportation. 

8 (9) TICKET AGENT.—The term ‘‘ticket agent’’ 

9 has the meaning given that term in section 40102 

10 of title 49, United States Code. 

11 TITLE I—PASSENGER 

12 PROTECTIONS 

13 SEC. 101. PROTECTIONS FOR PASSENGERS AGAINST BEING 

14 REQUIRED TO RELINQUISH SEATS. 

15 (a) IN GENERAL.—Not later than 180 days after the 

16 date of the enactment of this Act, the Secretary shall pre17 scribe regulations— 

18 (1) allowing an air carrier to offer compensa19 tion to a passenger to incentivize the passenger to 

20 relinquish the passenger’s seat on a flight operated 

21 by the air carrier; 

22 (2) prohibiting an air carrier from requiring a 

23 passenger to involuntarily relinquish the passenger’s 

24 seat, regardless of any compensation offered by the 

25 air carrier to the passenger; 


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1 (3) prohibiting an air carrier from imposing a 

2 cap on the amount of compensation the air carrier 

3 can provide to a passenger in exchange for the pas4 senger relinquishing a seat; and 

5 (4) requiring an air carrier to provide any com6 pensation provided to a passenger in exchange for 

7 the passenger relinquishing a seat in the form of 

8 cash. 

9 (b) EXCEPTIONS.—In prescribing the regulations re10 quired by subsection (a), the Secretary may provide for 

11 limited exceptions to the prohibition under paragraph (1) 

12 of that subsection for reasons necessitated by safety or 

13 security. 

14 SEC. 102. MINIMUM COMPENSATION PROVIDED TO PAS15 SENGERS INVOLUNTARILY DENIED BOARD16 ING. 

17 (a) IN GENERAL.—Not later than 60 days after the 

18 date of the enactment of this Act, the Secretary shall re19 vise the regulations under part 250 of title 14, Code of 

20 Federal Regulations— 

21 (1) to eliminate the dollar amount limitations 

22 under paragraphs (2) and (3) of subsections (a) and 

23 (b) of section 250.5 of such title on the amount of 

24 compensation that may be provided to a passenger 


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1 who is denied boarding involuntarily from an over2 sold flight; and 

3 (2) to establish that an air carrier shall provide 

4 compensation to each such passenger of not less 

5 than $1,350 per flight. 

6 (b) TERMINATION.—Part 250 of title 14, Code of 

7 Federal Regulations, shall terminate on the date on which 

8 the regulations required by section 101(a) take effect. 

9 SEC. 103. DELAYS AND CANCELLATIONS. 

10 (a) REGULATIONS.—Not later than 180 days after 

11 the date of the enactment of this Act, the Secretary shall 

12 prescribe regulations requiring, if a passenger’s flight is 

13 delayed or cancelled for any reason within the control of 

14 the air carrier (including crew scheduling, routine mainte15 nance, functioning of information technology systems, pas16 senger service issues, issues related to baggage services, 

17 issues related to ground handling of aircraft, or other rea18 sons as specified by the Secretary) and— 

19 (1) the passenger’s arrival at the passenger’s 

20 destination is delayed by more than 1 hour and less 

21 than 4 hours after the originally scheduled arrival of 

22 the passenger, the air carrier— 

23 (A) to automatically refund to the pas24 senger the amount the passenger paid for the 

25 ticket; and 


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1 (B) to find a seat for the passenger on an2 other flight operated by the air carrier, on a 

3 flight operated by another air carrier, or on an 

4 alternative means of transportation, at no addi5 tional expense to the passenger, that results in 

6 the passenger arriving at the passenger’s des7 tination not later than 4 hours after the origi8 nal scheduled arrival time; 

9 (2) the passenger’s arrival at the passenger’s 

10 destination is delayed by more than 4 hours after 

11 the originally scheduled arrival of the passenger, the 

12 air carrier— 

13 (A) to automatically refund to the pas14 senger the amount the passenger paid for the 

15 ticket; 

16 (B) to find a seat for the passenger on an17 other flight operated by the air carrier, on a 

18 flight operated by another air carrier, or on an 

19 alternative means of transportation, at no addi20 tional expense to the passenger, at the earliest 

21 available opportunity, if the passenger so choos22 es; 

23 (C) to provide compensation to the pas24 senger of $1,350 cash; and 


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1 (D) to provide a passenger with an amount 

2 equal to the cost of a meal; and 

3 (3) the passenger’s departure is delayed until 

4 the next day, the air carrier to provide the passenger 

5 with an amount equal to the cost of hotel lodging, 

6 in addition to the requirements of paragraph (2). 

7 (b) CAUSES OF DELAYS OR CANCELLATIONS.— 

8 (1) REVIEW.— 

9 (A) IN GENERAL.—Not later than 180 

10 days after the date of the enactment of this 

11 Act, the Secretary shall review the categoriza12 tion of delays and cancellations with respect to 

13 air carriers that are required to report data re14 lating to such categorizations. 

15 (B) CONSIDERATIONS.—In conducting the 

16 review required by subparagraph (A), the Sec17 retary shall consider, at a minimum— 

18 (i) whether— 

19 (I) delays and cancellations at20 tributed by an air carrier to weather 

21 were unavoidable because of an oper22 ational or air traffic control issue, or 

23 because of the air carrier’s preference 

24 in determining which flights to delay 

25 or cancel during a weather event; and 


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1 (II) any delays or cancellations 

2 described in subclause (I) or delays 

3 and cancellations attributed by an air 

4 carrier to force majeure events could 

5 be properly characterized as delays or 

6 cancellations because of circumstances 

7 within the control of the air carrier; 

8 and 

9 (ii) whether it is an unfair or decep10 tive practice in violation of section 41712 

11 of title 49, United States Code, for an air 

12 carrier to establish its own cut-off time for 

13 arrival at an airport gate and whether 

14 there should be a uniform definition across 

15 all air carriers; 

16 (iii) whether and to what extent 

17 delays and cancellations attributed by an 

18 air carrier to weather disproportionately 

19 impact service to smaller airports and com20 munities; 

21 (iv) whether it is an unfair or decep22 tive practice in violation of section 41712 

23 of title 49, United States Code, for an air 

24 carrier to inform a passenger that a flight 

25 is delayed or cancelled because of weather, 


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1 without any other context or explanation 

2 for the delay or cancellation; 

3 (v) whether and to what extent a Fed4 eral law or regulation could decrease the 

5 frequency of delays and cancellations if 

6 such law or regulation— 

7 (I) requires an air carrier to 

8 maintain a ready reserve of flight 

9 equipment and flight staff at certain 

10 airports; or 

11 (II) imposes a fine if the Sec12 retary determines that a delay or can13 cellation is due to circumstances with14 in the control of the air carrier and is 

15 not justified by safety or security con16 cerns; and 

17 (vi) whether and to what extent agree18 ments among air carriers exist for the pur19 pose of arranging alternative flights for 

20 passengers of delayed or cancelled flights. 

21 (C) ADVISORY COMMITTEE FOR AVIATION

22 CONSUMER PROTECTION.—The Secretary may 

23 use the Advisory Committee for Aviation Con24 sumer Protection to assist in conducting the reVerDate Sep 11 2014 22:21 Jul 05, 2017 Jkt 069200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1418.IS S1418

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1 view required by subparagraph (A) and pro2 viding recommendations under paragraph (2). 

3 (2) REPORT.—Not later than 90 days after the 

4 date on which the review required by paragraph (1) 

5 is complete, the Secretary shall submit to the appro6 priate committees of Congress a report on the review 

7 under subsection (a), including any recommenda8 tions. 

9 (c) SAVINGS PROVISION.—Nothing in this section 

10 shall be construed as affecting the authority of an air car11 rier to maximize its system capacity during weather-re12 lated events to accommodate the greatest number of pas13 sengers. 

14 SEC. 104. UNFAIR AND DECEPTIVE ATTRIBUTION OF 

15 DELAYS AND CANCELLATIONS TO FORCE 

16 MAJEURE EVENTS. 

17 Section 41712 of title 49, United States Code, is 

18 amended by adding at the end the following: 

19 ‘‘(d) ATTRIBUTION OF DELAYS AND CANCELLATIONS

20 TO FORCE MAJEURE EVENTS.—It shall be an unfair or 

21 deceptive practice under subsection (a) for an air carrier 

22 or foreign air carrier to attribute the delay or cancellation 

23 of a flight operated by the carrier or by another air carrier 

24 or foreign air carrier with which the carrier has a 

25 codesharing or other joint marketing arrangement to a 


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1 force majeure event unless the delay or cancellation is 

2 caused by an event not within the control of the air carrier 

3 operating the flight, such as weather, an act of God, or 

4 a war or other hostilities.’’. 

5 SEC. 105. INTERLINE AGREEMENTS AND PROTECTIONS. 

6 (a) REGULATIONS.—Not later than one year after the 

7 date of the enactment of this Act, the Secretary shall pre8 scribe regulations— 

9 (1) to facilitate interline agreements and related 

10 practices between air carriers and providers of other 

11 modes of transportation; and 

12 (2) to establish a complaint and remediation 

13 process through which parties may submit com14 plaints and resolve disputes regarding the establish15 ment and implementation of interline agreements. 

16 (b) INTERLINE AGREEMENTS.—The regulations pre17 scribed pursuant to subsection (a)(1) shall— 

18 (1) include provisions to prevent air carriers 

19 and other transportation providers from significantly 

20 hindering or preventing willing air carriers or other 

21 transportation providers from entering into interline 

22 agreements or conducting related practices; 

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1 portation by another air carrier or a provider of an2 other mode of transportation; 

3 (3) after an eligible passenger is notified under 

4 paragraph (2), require air carriers to attempt to 

5 provide to the passenger transportation through an6 other air carrier or a provider of another mode of 

7 transportation, upon the passenger’s request, if the 

8 air carrier has an interline agreement with the other 

9 air carrier or transportation provider; 

10 (4) prohibit air carriers and other transpor11 tation providers from unduly or improperly influ12 encing the decision of a partner, subsidiary, or ven13 dor to enter into an interline agreement, the terms 

14 or conditions of such an agreement, or related prac15 tices; 

16 (5) account for operational records, seat avail17 ability, and capacity; and 

18 (6) promote competition and the public interest. 

19 (c) COMPLAINT AND REMEDIATION PROCESS.—The 

20 complaint and remediation processes established pursuant 

21 to subsection (a)(2) may provide for appropriate penalties 

22 and remedies for violations of an interline agreement. 

23 SEC. 106. AIRCRAFT CABIN EVACUATION PROCEDURES. 

24 (a) REVIEW.—The Administrator shall review— 


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1 (1) evacuation certification of transport-cat2 egory aircraft used in air transportation, with regard 

3 to— 

4 (A) emergency conditions, including im5 pacts into water; 

6 (B) crew procedures used for evacuations 

7 under actual emergency conditions; 

8 (C) any relevant changes to passenger de9 mographics and legal requirements, including 

10 section 41705 of title 49, United States Code 

11 (commonly referred to as the ‘‘Air Carrier Ac12 cess Act’’), or the Americans with Disabilities 

13 Act of 1990 (42 U.S.C. 12101 et seq.), that af14 fect emergency evacuations; and 

15 (D) any relevant changes to passenger 

16 seating configurations, including changes to 

17 seat width, padding, reclining, size, pitch, leg 

18 room, aisle width, or load factors; and 

19 (2) recent accidents and incidents in which pas20 sengers evacuated such aircraft. 

21 (b) CONSULTATION; REVIEW OF DATA.—In con22 ducting the review under subsection (a), the Administrator 

23 shall— 

24 (1) consult with the National Transportation 

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1 turers, air carriers, and other relevant experts and 

2 Federal agencies, including organizations rep3 resenting passengers, air carrier crew members, 

4 maintenance employees, and emergency responders; 

5 and 

6 (2) review relevant data with respect to evacu7 ation certification of transport-category aircraft. 

8 (c) REPORT TO CONGRESS.—Not later than 180 days 

9 after the date of the enactment of this Act, the Adminis10 trator shall submit to the appropriate committees of Con11 gress a report on the results of the review under sub12 section (a) and related recommendations, if any, including 

13 recommendations for revisions to the assumptions and 

14 methods used for assessing evacuation certification of 

15 transport-category aircraft. 

16 (d) TRANSPORT-CATEGORY AIRCRAFT DEFINED.—In 

17 this section, the term ‘‘transport-category aircraft’’ means 

18 an aircraft— 

19 (1) with respect to which a type certificate is 

20 issued under part 21 of title 14, Code of Federal 

21 Regulations; and 

22 (2) that meets the airworthiness standards 

23 under part 25 of that title. 


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1 SEC. 107. PROTECTIONS RELATING TO SPACE FOR PAS2 SENGERS ON AIRCRAFT. 

3 (a) MORATORIUM ON REDUCTIONS TO AIRCRAFT

4 SEAT SIZE.— 

5 (1) IN GENERAL.—Not later than 30 days after 

6 the date of the enactment of this Act, the Adminis7 trator shall prohibit any air carrier from reducing 

8 the size, width, or pitch of seats on passenger air9 craft operated by the air carrier, the amount of leg 

10 room per seat on such aircraft, or the width of aisles 

11 on such aircraft. 

12 (2) TERMINATION.—The prohibition under 

13 paragraph (1) shall terminate on the date on which 

14 the regulations required by subsection (a) take ef15 fect. 

16 (b) REGULATIONS RELATING TO SPACE FOR PAS17 SENGERS ON AIRCRAFT.—Not later than 180 days after 

18 the date of the enactment of this Act, the Administrator 

19 shall prescribe regulations— 

20 (1) establishing minimum standards for space 

21 for passengers on passenger aircraft, including the 

22 size, width, and pitch of seats, the amount of leg 

23 room, and the width of aisles on such aircraft for 

24 the safety and health of passengers; and 

25 (2) requiring each air carrier to prominently 

26 display on a publicly available Internet website of 


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1 the air carrier the amount of space available for 

2 each passenger on passenger aircraft operated by 

3 the air carrier or by another air carrier with which 

4 the air carrier has a codesharing or other joint mar5 keting arrangement, including the size, width, and 

6 pitch of seats, the amount of leg room, and the 

7 width of aisles on such aircraft. 

8 (c) CONSULTATIONS.—In prescribing the regulations 

9 required under subsection (a), the Administrator shall 

10 consult with the Occupational Safety and Health Adminis11 tration, the Centers for Disease Control and Prevention, 

12 passenger advocacy organizations, physicians, and ergo13 nomic engineers. 

14 SEC. 108. AVAILABILITY OF LAVATORIES ON PASSENGER 

15 AIRCRAFT. 

16 (a) IN GENERAL.—Subchapter I of chapter 417 of 

17 title 49, United States Code, is amended by adding at the 

18 end the following: 

19 ‘‘§ 41725. Availability of lavatories on passenger air20 craft 

21 ‘‘(a) IN GENERAL.—Each air carrier and foreign air 

22 carrier shall ensure that each passenger aircraft operated 

23 by the air carrier or foreign air carrier maintains suffi24 cient functional lavatories (as determined by the Secretary 

25 of Transportation) that— 


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1 ‘‘(1) are available for use, free of charge, any 

2 time passengers are on board the aircraft; and 

3 ‘‘(2) can accommodate individuals with disabil4 ities. 

5 ‘‘(b) DISABILITY DEFINED.—In this section, the 

6 term ‘disability’ has the meaning given that term in sec7 tion 3 of the Americans with Disabilities Act of 1990 (42 

8 U.S.C. 12102). 

9 ‘‘(c) REGULATIONS.—Not later than 180 days after 

10 the date of the enactment of the Airline Passengers’ Bill 

11 of Rights, the Secretary of Transportation shall prescribe 

12 such regulations as are necessary to carry out this sec13 tion.’’. 

14 (b) CLERICAL AMENDMENT.—The analysis for chap15 ter 417 of such title is amended by inserting after the 

16 item relating to section 41724 the following: 

‘‘41725. Availability of lavatories on passenger aircraft.’’. 

17 SEC. 109. AVAILABILITY OF POTABLE WATER ON PAS18 SENGER AIRCRAFT. 

19 (a) IN GENERAL.—Subchapter I of chapter 417 of 

20 title 49, United States Code, as amended by section 108, 

21 is further amended by adding at the end the following: 

22 ‘‘§ 41726. Availability of potable water on passenger 

23 aircraft 

24 ‘‘(a) IN GENERAL.—Each air carrier and foreign air 

25 carrier shall ensure that potable water is available, free 


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1 of charge, to passengers on board aircraft operated by the 

2 air carrier or foreign air carrier. 

3 ‘‘(b) REGULATIONS.—Not later than 180 days after 

4 the date of the enactment of the Airline Passengers’ Bill 

5 of Rights, the Secretary of Transportation shall prescribe 

6 such regulations as are necessary to carry out this sec7 tion.’’. 

8 (b) CLERICAL AMENDMENT.—The analysis for chap9 ter 417 of such title is amended by inserting after the 

10 item relating to section 41725, as added by section 108, 

11 the following: 

‘‘41726. Availability of potable water on passenger aircraft.’’. 

12 SEC. 110. TRAINING ON RIGHTS OF PASSENGERS. 

13 Not later than 180 days after the date of the enact14 ment of this Act, the Secretary shall prescribe regulations 

15 requiring an air carrier to provide, not less frequently than 

16 every 180 days, training on the rights of passengers to 

17 employees and representatives of the air carrier that di18 rectly interact with passengers, including ticket agents, 

19 gate agents, pilots, and flight attendants. 

20 SEC. 111. INTERNET DISSEMINATION OF INFORMATION ON 

21 PASSENGER RIGHTS. 

22 (a) IN GENERAL.—Not later than 180 days after the 

23 date of the enactment of this Act, the Secretary shall— 


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1 (1) establish, and frequently update, a publicly 

2 available Internet website of the Department of 

3 Transportation that— 

4 (A) is modern and easy-to-use; 

5 (B) can be easily accessed using a mobile 

6 device; and 

7 (C) provides information to passengers to 

8 help passengers in air transportation determine 

9 if their rights have been violated and identify 

10 the compensation and remedies to which they 

11 are entitled, including a link to the passenger 

12 rights complaint form developed under sub13 section (b)(1); and 

14 (2) ensure that information described in para15 graph (1)(C) is made available through social media 

16 accounts frequently used by the Department; and 

17 (3) develop an application for mobile devices 

18 that provides such information and is available at no 

19 charge. 

20 (b) PASSENGER RIGHTS COMPLAINT FORM.—Not 

21 later than 180 days after the date of the enactment of 

22 this Act, the Secretary shall— 

23 (1) develop a universal passenger rights com24 plaint form for a passenger in air transportation to 


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1 use when contacting an air carrier with a complaint 

2 about the treatment of the passenger, which shall— 

3 (A) provide information to the passenger 

4 to help the passenger identify whether the pas5 senger’s rights have been violated and the com6 pensation and other remedies to which the pas7 senger may be entitled; and 

8 (B) provide the passenger with an oppor9 tunity to consent to make the complaint pub10 licly available on an Internet website of the De11 partment of Transportation; 

12 (2) require an air carrier to provide a passenger 

13 who files a form developed under paragraph (1) 

14 with— 

15 (A) an initial response not later than 7 

16 days after the passenger files the form; and 

17 (B) a substantive response not later than 

18 30 days after the passenger files the form; and 

19 (3) establish a process within the Department 

20 of Transportation for appeals relating to forms filed 

21 with air carriers under paragraph (2). 

22 SEC. 112. REPORT ON QUALITY AND SAFETY OF FOOD AND 

23 WATER ON PASSENGER AIRCRAFT. 

24 Not later than 180 days after the date of the enact25 ment of this Act, the Administrator shall submit to the 


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1 appropriate committees of Congress a report assessing the 

2 quality and safety of food and potable water on passenger 

3 aircraft. 

4 SEC. 113. REPORT ON SUFFICIENCY OF AVAILABLE FLIGHT 

5 CREWS AND AIRCRAFT. 

6 Not later than 180 days after the date of the enact7 ment of this Act, the Administrator shall submit to the 

8 appropriate committees of Congress a report assessing— 

9 (1) whether air carriers ensure that sufficient 

10 flight crews and aircraft are available for scheduled 

11 flights; and 

12 (2) the extent to which not having sufficient 

13 flight crews and aircraft available affects arrival and 

14 departure times. 

15 TITLE II—CONSUMER 

16 PROTECTIONS 

17 SEC. 201. PROTECTIONS RELATING TO THE IMPOSITION OF 

18 FEES THAT ARE NOT REASONABLE AND PRO19 PORTIONAL TO THE COSTS INCURRED. 

20 (a) IN GENERAL.—Not later than 270 days after the 

21 date of the enactment of this Act, the Secretary shall pre22 scribe regulations— 

23 (1) prohibiting an air carrier from imposing 

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1 able or disproportional to the costs incurred by the 

2 air carrier; and 

3 (2) establishing standards for assessing whether 

4 such fees are reasonable and proportional to the 

5 costs incurred by the air carrier. 

6 (b) FEES DESCRIBED.—The fees described in this 

7 subsection are— 

8 (1) any fee for a change or cancellation of a 

9 reservation for a flight in air transportation; 

10 (2) any fee relating to checked baggage or 

11 carry-on baggage to be transported on a flight; 

12 (3) any fee relating to seat selection or reserva13 tions on a flight; 

14 (4) any fee relating to changing between flights 

15 departing on the same day or flying standby on a 

16 flight; and 

17 (5) any other fee imposed by an air carrier re18 lating to a flight. 

19 (c) CONSIDERATIONS.—In establishing the standards 

20 required under subsection (a)(2), the Secretary shall con21 sider— 

22 (1) with respect to a fee described in subsection 

23 (b)(1) imposed by an air carrier for a change or can24 cellation of a flight reservation— 


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1 (A) any net benefit or cost to the air car2 rier from the change or cancellation, taking into 

3 consideration— 

4 (i) the ability of the air carrier to an5 ticipate the expected average number of 

6 cancellations and changes and make res7 ervations accordingly; 

8 (ii) the ability of the air carrier to fill 

9 a seat made available by a change or can10 cellation; 

11 (iii) any difference in the fare likely to 

12 be paid for a ticket sold to another pas13 senger for a seat made available by the 

14 change or cancellation, as compared to the 

15 fare paid by the passenger who changed or 

16 canceled the passenger’s reservation; and 

17 (iv) the likelihood that the passenger 

18 changing or cancelling the passenger’s res19 ervation will fill a seat on another flight by 

20 the same air carrier; 

21 (B) the costs of processing the change or 

22 cancellation electronically; and 

23 (C) any related labor costs; 


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1 (2) with respect to a fee described in subsection 

2 (b)(2) imposed by an air carrier relating to checked 

3 baggage— 

4 (A) the costs of processing checked bag5 gage electronically; and 

6 (B) any related labor costs; and 

7 (3) any other considerations the Secretary con8 siders appropriate. 

9 (d) UPDATED REGULATIONS.—The Secretary shall 

10 update the standards required under subsection (a)(2) not 

11 less frequently than every 3 years. 

12 SEC. 202. PROTECTIONS RELATING TO DISCLOSURE OF 

13 FLIGHT INFORMATION. 

14 (a) PROHIBITION ON LIMITING ACCESS OF CON15 SUMER TO INFORMATION.—Not later than 180 days after 

16 the date of the enactment of this Act, the Secretary shall 

17 prescribe regulations prohibiting an air carrier from lim18 iting the access of consumers to information relating to 

19 schedules, fares, fees, and taxes relating to flights in pas20 senger air transportation. 

21 (b) PROHIBITION ON WITHHOLDING INFORMA22 TION.—Not later than 180 days after the date of the en23 actment of this Act, the Secretary shall prescribe regula24 tions prohibiting an air carrier, through a global distribu25 tion system or otherwise, from withholding flight, fare, 


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1 scheduling, availability, and other information published 

2 by air carriers from consumers and online travel agents 

3 and metasearch engines that provide flight search tools. 

4 SEC. 203. TRANSPARENCY IN PRICING OF TICKETS IN AIR 

5 TRANSPORTATION. 

6 Not later than 180 days after the date of the enact7 ment of this Act, the Secretary shall prescribe regulations 

8 requiring— 

9 (1) air carriers to provide useable, current, and 

10 accurate information in a user-friendly, accessible 

11 form, with respect to fares, applicable taxes, and an12 cillary fees to ticket agents, online travel agents, and 

13 metasearch engines that provide flight search tools; 

14 (2) air carriers to allow consumers to purchase 

15 tickets and pay for applicable taxes and ancillary 

16 fees through ticket agents, online travel agents, and 

17 metasearch engines that provide flight search tools; 

18 (3) air carriers, ticket agents, online travel 

19 agents, and metasearch engines that provide flight 

20 search tools to disclose all applicable taxes and any 

21 ancillary fees charged by an air carrier with respect 

22 to a fare that are applicable to the services identified 

23 by the purchaser, at any point at which the fare is 

24 shown in whole or in part; and 


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1 (4) air carriers, ticket agents, online travel 

2 agents, and metasearch engines that provide flight 

3 search tools, in any telephonic communication with 

4 a prospective consumer in the United States regard5 ing the cost of air transportation, to inform the con6 sumer of all applicable taxes and any ancillary fees 

7 charged by an air carrier in relation to the air trans8 portation and associated services requested by the 

9 consumer, at any point at which the cost of the air 

10 transportation is disclosed in whole or in part. 

11 SEC. 204. DISCLOSURE OF LOWEST FARES FOR AIR TRANS12 PORTATION. 

13 (a) IN GENERAL.—Section 41712(c)(1) of title 49, 

14 United States Code, is amended— 

15 (1) in subparagraph (A), by striking ‘‘and’’ at 

16 the end; 

17 (2) in subparagraph (B), by striking the period 

18 at the end and inserting ‘‘; and’’; and 

19 (3) by adding at the end the following: 

20 ‘‘(C) the lowest available fare options for 

21 the flight and for each flight segment of the 

22 flight, if applicable.’’. 

23 (b) REGULATIONS.—The Secretary, in consultation 

24 with the Administrator, shall prescribe such regulations 

25 as may be necessary to carry out section 41712(c)(1)(C) 


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1 of title 49, United States Code, as added by subsection 

2 (a). 

3 SEC. 205. FREQUENT FLYER PROGRAMS FAIRNESS AND 

4 TRANSPARENCY. 

5 (a) IN GENERAL.—Section 41712(c) of title 49, 

6 United States Code, is amended by adding at the end the 

7 following: 

8 ‘‘(3) FREQUENT FLYER PROGRAMS.—It shall be 

9 an unfair or deceptive practice under subsection (a) 

10 for any air carrier or foreign air carrier that offers 

11 a frequent flyer program— 

12 ‘‘(A) to materially change the terms or 

13 conditions of the frequent flyer program with14 out providing reasonable notice to consumers; 

15 or 

16 ‘‘(B) to unfairly reduce or eliminate bene17 fits earned by members of the frequent flyer 

18 program.’’. 

19 (b) REGULATIONS.— 

20 (1) IN GENERAL.—Not later than 180 days 

21 after the date of the enactment of this Act, the Sec22 retary, in consultation with the Administrator, shall 

23 prescribe such regulations as may be necessary to 

24 carry out section 41712(c)(3) of title 49, United 

25 States Code, as added by subsection (a). 


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1 (2) CONSIDERATIONS.—In prescribing the regu2 lations required under paragraph (1), the Secretary 

3 shall— 

4 (A) take into consideration— 

5 (i) the significance of the change to 

6 the frequent flyer program’s terms and 

7 conditions; and 

8 (ii) the amount of time between the 

9 notification provided to a consumer and 

10 the date on which the change takes effect; 

11 and 

12 (B) require each air carrier that offers a 

13 frequent flyer program to disclose, in a stand14 ardized format, when offering or enrolling con15 sumers into the program, accurate information 

16 regarding the program’s rules, including— 

17 (i) the rate at which credits are 

18 earned; 

19 (ii) the minimum number of credits 

20 earned per flight; 

21 (iii) the number of credits needed for 

22 each award; 

23 (iv) any applicable deadlines for re24 deeming credits; 


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1 (v) any restrictions on the transfer2 ability of earned credit and awards; 

3 (vi) other conditions and limitations of 

4 the program; 

5 (vii) the percentage of successful re6 demptions; and 

7 (viii) frequent flyer seats made avail8 able in the top origin and destination mar9 kets. 

10 SEC. 206. REFUNDS FOR LOST, DAMAGED, DELAYED, OR 

11 PILFERED BAGGAGE. 

12 (a) IN GENERAL.—Not later than 180 days after the 

13 date of the enactment of this Act, the Secretary shall pre14 scribe regulations requiring an air carrier— 

15 (1) to promptly provide an automatic refund to 

16 a passenger in the amount of any ancillary fee 

17 charged by the air carrier for checked baggage if the 

18 passenger’s checked baggage arrives damaged; and 

19 (2) to provide notification to a passenger who 

20 is impacted by lost, damaged, delayed, or pilfered 

21 baggage, through the passenger’s chosen method of 

22 communication, of the procedure by which the pas23 senger shall obtain a refund and the amount of the 

24 refund. 


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1 (b) INCLUSION IN CONTRACT OF CARRIAGE.—An air 

2 carrier shall include the requirements under subsection (a) 

3 in the air carrier’s contract of carriage. 

4 SEC. 207. PASSENGER RIGHTS TRANSPARENCY. 

5 (a) IN GENERAL.—Not later than 90 days after the 

6 date of the enactment of this Act, the Secretary shall pre7 scribe regulations requiring air carriers to notify pas8 sengers of their rights and eligibility for refunds, com9 pensation, and protections required by law, including by 

10 an air carrier’s contract of carriage, or otherwise available 

11 to passengers. 

12 (b) REQUIREMENTS.—In prescribing the regulations 

13 under subsection (a), the Secretary shall require air car14 riers— 

15 (1) to promptly and expressly notify eligible 

16 passengers and the public of their eligibility for re17 funds, compensation, and protections not later than 

18 30 minutes after the air carrier becomes aware that 

19 such passengers have become eligible for such re20 funds, compensation, and protections; 

21 (2) if such air carriers permit passengers and 

22 other interested persons to subscribe to flight status 

23 notification services— 

24 (A) to deliver refunds, compensation, and 

25 protection notifications to subscribers to such 


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1 services, by whatever means the air carrier of2 fers that the subscriber chooses; and 

3 (B) to incorporate commitments with re4 spect to such services into their customer serv5 ice plans; 

6 (3) to continuously display information and eli7 gibility requirements for refunds, compensation, and 

8 protections, including refunds, compensation, and 

9 protections relating to— 

10 (A) denied boarding and delays and can11 cellations (including on international flights); 

12 and 

13 (B) lost, damaged, or delayed luggage; and 

14 (4) to prominently display passengers’ rights 

15 and contact information for the Department of 

16 Transportation’s consumer complaint system on 

17 boarding passes, computer-generated boarding 

18 passes, and ticketed itineraries, and at boarding 

19 gates and ticket counters. 

20 SEC. 208. PRIVATE RIGHT OF ACTION AGAINST UNFAIR AND 

21 DECEPTIVE PRACTICES. 

22 Section 41712 of title 49, United States Code, as 

23 amended by section 104, is further amended by adding 

24 at the end the following: 

25 ‘‘(e) PRIVATE RIGHT OF ACTION.— 


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1 ‘‘(1) IN GENERAL.—Any individual who pur2 chases a ticket for air transportation and is ag3 grieved by an action prohibited under this section 

4 may file a civil action for damages and injunctive re5 lief in an appropriate district court of the United 

6 States or a State court located in the State in 

7 which— 

8 ‘‘(A) the unlawful action is alleged to have 

9 been committed; or 

10 ‘‘(B) the aggrieved individual resides. 

11 ‘‘(2) ENFORCEMENT BY A STATE.—The attor12 ney general of any State, as parens patriae, may 

13 bring a civil action to enforce the provisions of this 

14 section in— 

15 ‘‘(A) any district court of the United 

16 States in that State; or 

17 ‘‘(B) any State court that is located in 

18 that State and has jurisdiction over the defend19 ant.’’. 

20 SEC. 209. FAIRNESS AND TRANSPARENCY IN CONTRACTS 

21 OF CARRIAGE. 

22 Not later than 180 days after the date of the enact23 ment of this Act, the Secretary shall require an air carrier 

24 to prominently display on a publicly available Internet 

25 website of the air carrier, and provide to a consumer beVerDate Sep 11 2014 22:21 Jul 05, 2017 Jkt 069200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S1418.IS S1418

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1 fore the consumer purchases a ticket for air transpor2 tation, a standardized, easy-to-understand, and concise 

3 statement relating to the protections available for pas4 sengers that clearly and accurately summarizes the terms 

5 and conditions of the air carrier’s contract of carriage re6 lating to such protections, including— 

7 (1) policies relating to flight delays and can8 cellations; 

9 (2) carry-on baggage allowances and space 

10 availability; 

11 (3) checked baggage policies and compensation 

12 for lost, damaged, delayed, or pilfered bags; 

13 (4) ticketing change and cancellation allow14 ances; 

15 (5) ancillary fees; 

16 (6) family seating policies, including seating 

17 policies for children under the age of 2; 

18 (7) eligibility requirements for refunds, com19 pensation, and other protections; 

20 (8) interline agreements and protections; and 

21 (9) such other terms and conditions as the Sec22 retary considers appropriate. 


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1 SEC. 210. PRIVATE RIGHT OF ACTION FOR DISCRIMINA2 TION CLAIMS AGAINST AIR CARRIERS. 

3 Section 41705 of title 49, United States Code, is 

4 amended— 

5 ‘‘(d) CIVIL ACTION.— 

6 ‘‘(1) IN GENERAL.—Any individual who pur7 chases a ticket for air transportation and is ag8 grieved by a violation by an air carrier of this sec9 tion or a regulation prescribed under this section 

10 may, not later than 2 years after the date of the vio11 lation, bring a civil action in an appropriate district 

12 court of the United States. 

13 ‘‘(2) RELIEF.—In a civil action brought under 

14 paragraph (1) in which the plaintiff prevails— 

15 ‘‘(A) the plaintiff may obtain equitable and 

16 legal relief, including compensatory and puni17 tive damages; and 

18 ‘‘(B) the court shall award reasonable at19 torney’s fees, reasonable expert fees, and the 

20 costs of the action to the plaintiff. 

21 ‘‘(3) NO REQUIREMENT FOR EXHAUSTION OF

22 REMEDIES.—An individual described in paragraph 

23 (1) is not required to exhaust administrative com24 plaint procedures before filing a civil action under 

25 paragraph (1). 


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1 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

2 this subsection shall be construed to invalidate or 

3 limit other Federal or State laws affording to people 

4 with disabilities greater legal rights or protections 

5 than those granted in this section.’’. 

6 SEC. 211. NO PREEMPTION OF CONSUMER PROTECTION 

7 CLAIMS. 

8 Section 41713(b)(4) of title 49, United States Code, 

9 is amended by adding at the end the following: 

10 ‘‘(D) NO PREEMPTION OF CONSUMER PRO11 TECTION CLAIMS.—Nothing in subparagraphs 

12 (A) through (C) may be construed— 

13 ‘‘(i) to preempt, displace, or supplant 

14 any action for civil damages or injunctive 

15 relief based on a State consumer protection 

16 statute; or 

17 ‘‘(ii) to restrict the authority of any 

18 government entity, including an attorney 

19 general of a State, from bringing a legal 

20 claim on behalf of the citizens of the 

21 State.’’. 


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1 SEC. 212. INVALIDATION OF PRE-DISPUTE ARBITRATION 

2 AND CLASS-ACTION WAIVER CLAUSES IN 

3 CERTAIN CONTRACTS RELATING TO PAS4 SENGER AIR TRANSPORTATION. 

5 (a) ARBITRATION.—Notwithstanding any other pro6 vision of law, arbitration may be used to settle a con7 troversy arising from or relating to a provision of a con8 tract described in subsection (c) only if, after the con9 troversy arises, all parties to the controversy consent in 

10 writing to use arbitration to settle the controversy. 

11 (b) CLASS ACTIONS.—Notwithstanding any other 

12 provision of law, an agreement waiving the right of a per13 son to bring, or otherwise prohibiting a person from bring14 ing, a claim regarding a dispute relating to a provision 

15 of a contract described in subsection (c) as a class action 

16 that had not arisen before the date on which the agree17 ment is executed shall not be enforceable and shall have 

18 no force or effect. 

19 (c) CONTRACTS DESCRIBED.—A contract described 

20 in this subsection is a contract— 

21 (1) for the purchase of a ticket for passenger 

22 air transportation; 

23 (2) setting forth the terms of a reward program 

24 of an air carrier; or 

25 (3) setting forth the terms under which an air 

26 carrier will provide a credit product. 


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1 (d) APPLICABILITY.—Subsections (a) and (b) shall 

2 apply with respect to contracts entered into or renewed 

3 on or after the date of the enactment of this Act. 

4 (e) DEFINITIONS.—In this section: 

5 (1) CREDIT PRODUCT.— 

6 (A) IN GENERAL.—The term ‘‘credit prod7 uct’’ means a plan offered by, or in partnership 

8 with, an air carrier— 

9 (i) under which the creditor reason10 ably contemplates repeated transactions; 

11 (ii) that prescribes the terms of such 

12 transactions; and 

13 (iii) that provides for a finance charge 

14 that may be computed from time to time 

15 on the outstanding unpaid balance. 

16 (B) INCLUSION.—A credit plan or open17 end consumer credit plan that is a credit prod18 uct within the meaning of subparagraph (A) is 

19 a credit product even if credit information is 

20 verified from time to time. 

21 (2) PASSENGER AIR TRANSPORTATION.—The 

22 term ‘‘passenger air transportation’’ means the 

23 transportation of passengers and their property by 

24 aircraft. 


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1 (3) REWARD PROGRAM.—The term ‘‘reward 

2 program’’ means any reward program offered by an 

3 air carrier, including a frequent flyer program, 

4 under which a consumer earns mileage or other 

5 credits from the air carrier that can be exchanged 

6 for goods, services, or other benefits. 

7 SEC. 213. CONSUMER COMPLAINT PROCESS IMPROVE8 MENT. 

9 (a) IN GENERAL.—Section 42302 of title 49, United 

10 States Code, is amended— 

11 (1) by redesignating subsections (b) and (c) as 

12 subsections (c) and (d), respectively; 

13 (2) by inserting after subsection (a) the fol14 lowing: 

15 ‘‘(b) POINT OF SALE.—Each air carrier, foreign air 

16 carrier, and ticket agent shall inform each consumer of 

17 a carrier service, at the point of sale, that the consumer 

18 can file a complaint about that service with the carrier 

19 and with the Aviation Consumer Protection Division of the 

20 Department of Transportation.’’; 

21 (3) by amending subsection (c), as redesig22 nated, to read as follows: 

23 ‘‘(c) INTERNET WEBSITE OR OTHER ONLINE SERV24 ICE NOTICE.—Each air carrier and foreign air carrier 


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1 shall include on a publicly available Internet website, any 

2 related mobile device application, and online service— 

3 ‘‘(1) the hotline telephone number established 

4 under subsection (a) or the telephone number for the 

5 Aviation Consumer Protection Division of the De6 partment of Transportation; 

7 ‘‘(2) an active link and the email address, tele8 phone number, and mailing address of the air car9 rier or foreign air carrier, as applicable, for a con10 sumer to submit a complaint to the carrier about the 

11 quality of service; 

12 ‘‘(3) notice that the consumer can file a com13 plaint with the Aviation Consumer Protection Divi14 sion of the Department of Transportation; 

15 ‘‘(4) an active link to the Internet website of 

16 the Aviation Consumer Protection Division of the 

17 Department of Transportation for a consumer to file 

18 a complaint; and 

19 ‘‘(5) the active link described in paragraph (2) 

20 on the same Internet website page as the active link 

21 described in paragraph (4).’’; 

22 (4) in subsection (d), as redesignated— 

23 (A) in the matter preceding paragraph (1), 

24 by striking ‘‘An air carrier or foreign air carrier 

25 providing scheduled air transportation using 


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1 any aircraft that as originally designed has a 

2 passenger capacity of 30 or more passenger 

3 seats’’ and inserting ‘‘Each air carrier and for4 eign air carrier’’; 

5 (B) in paragraph (1), by striking ‘‘air car6 rier’’ and inserting ‘‘carrier’’; and 

7 (C) in paragraph (2), by striking ‘‘air car8 rier’’ and inserting ‘‘carrier’’; and 

9 (5) by adding after subsection (d), as redesig10 nated, the following: 

11 ‘‘(e) REPORTING REQUIREMENT.—Upon receipt of 

12 any complaint, an air carrier shall send the content of the 

13 complaint to the Aviation Consumer Protection Division 

14 of the Department of Transportation.’’. 

15 (b) REGULATIONS.—Not later than 180 days after 

16 the date of the enactment of this Act, the Secretary shall 

17 prescribe regulations to implement the requirements of 

18 section 42302 of title 49, United States Code, as amended 

19 by subsection (a). 

20 SEC. 214. REPORT BY ADVISORY COMMITTEE FOR AVIA21 TION CONSUMER PROTECTION. 

22 Not later than 180 days after the date of the enact23 ment of this Act, and annually thereafter, the Advisory 

24 Committee for Aviation Consumer Protection shall submit 

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1 ing recommendations for improving consumer protections 

2 for passengers in air transportation. 

3 TITLE III—PENALTIES FOR AIR 

4 CARRIERS 

5 SEC. 301. INCREASE IN CIVIL PENALTY FOR VIOLATIONS OF 

6 PASSENGER PROTECTION LAWS. 

7 (a) IN GENERAL.—Section 46301(a) of title 49, 

8 United States Code, is amended by adding at the end the 

9 following: 

10 ‘‘(7) VIOLATIONS OF PASSENGER PROTECTION

11 LAWS.—The maximum civil penalty specified under para12 graph (1) shall not apply with respect to a violation of 

13 a law relating to the treatment of passengers in air trans14 portation.’’. 

15 (b) REGULATIONS.—Not later than 180 days after 

16 the date of the enactment of this Act, the Secretary shall 

17 specify in regulations the provisions of law to which para18 graph (7) of section 46301(a) of title 49, United States 

19 Code, as added by subsection (a), applies. 

20 SEC. 302. REPORT ON IMPOSITION OF CIVIL PENALTIES. 

21 Not later than 180 days after the date of the enact22 ment of this Act, and annually thereafter, the Secretary 

23 shall submit to the appropriate committees of Congress 

24 a report— 


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1 (1) listing all complaints received from pas2 sengers alleging violations of passenger protection 

3 laws; 

4 (2) identifying which of such complaints the 

5 Secretary investigated; and 

6 (3) if the Secretary chose not to pursue the im7 position of civil penalties with respect to such com8 plaints, a description of the reasoning of the Sec9 retary for doing so. 

10 SEC. 303. STUDY OF DISTRIBUTION OF CIVIL PENALTIES TO 

11 CONSUMERS. 

12 (a) IN GENERAL.—Not later than 180 days after the 

13 date of the enactment of this Act, the Secretary shall sub14 mit to the appropriate committees of Congress a report— 

15 (1) assessing the feasibility and advisability of 

16 distributing a civil penalty imposed on an air carrier 

17 for a violation of a law relating to the treatment of 

18 passengers in air transportation to the passengers 

19 affected by the violation; and 

20 (2) identifying any provisions of law that would 

21 need to be amended to permit such distributions. 

22 (b) CONSULTATIONS.—The Secretary shall consult 

23 with consumer advocacy organizations and the Advisory 

24 Committee for Aviation Consumer Protection in devel25 oping the report required by subsection (a). 


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1 SEC. 304. PROHIBITION ON NEGOTIATION OF REDUCTIONS 

2 IN CIVIL PENALTIES. 

3 Not later than 180 days after the date of the enact4 ment of this Act, the Secretary shall prescribe regulations 

5 prohibiting an air carrier from negotiating with the Fed6 eral Aviation Administration for a reduction in a civil pen7 alty imposed for a violation of a law relating to the treat8 ment of passengers in air transportation. 

9 TITLE IV—COMPETITIVENESS 

10 OF AIR CARRIERS 

11 SEC. 401. ANALYSIS OF INTERNATIONAL AIR CARRIER ALLI12 ANCES. 

13 (a) IN GENERAL.—The Comptroller General of the 

14 United States shall conduct an analysis of certain coopera15 tive agreements between United States air carriers and 

16 foreign air carriers (in this section referred to as ‘‘alli17 ances’’) that— 

18 (1) have been created pursuant to section 

19 41309 of title 49, United States Code; and 

20 (2) have been exempted from antitrust laws (as 

21 defined in the first section of the Clayton Act (15 

22 U.S.C. 12)) pursuant to section 41308 of title 49, 

23 United States Code. 

24 (b) SCOPE.—The analysis conducted under sub25 section (a) shall assess— 


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1 (1) the consequences of alliances, including re2 duced competition, stifling new entrants into mar3 kets, increasing prices in markets, and other adverse 

4 consequences; 

5 (2) the representations made by air carriers to 

6 the Secretary for the necessity of an antitrust ex7 emption; 

8 (3) the Department of Transportation’s expec9 tations of public benefits resulting from alliances, in10 cluding whether such expected benefits were actually 

11 achieved; 

12 (4) the adequacy of the Department of Trans13 portation’s efforts in the approval and monitoring of 

14 alliances, including whether the Department pos15 sesses relevant experience and expertise in the fields 

16 of antitrust and consumer protection; 

17 (5) whether there has been sufficient trans18 parency in the approval of alliances, including oppor19 tunities for public review and comment; 

20 (6) the role of the Department of Justice in the 

21 oversight of alliances; 

22 (7) whether there are alternatives to antitrust 

23 immunity that could be conferred that would also 

24 produce public benefits; 


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1 (8) whether alliances should be required to ex2 pire; 

3 (9) the level of competition between air carriers 

4 who are members of the same alliance; 

5 (10) the level of competition between alliances; 

6 (11) whether the Department of Transportation 

7 should amend, modify, or revoke any exemption from 

8 the antitrust laws granted by the Secretary in con9 nection with an alliance; and 

10 (12) the effect of alliances on the number and 

11 quality of jobs for flight crew employees of United 

12 States air carriers, including the share of alliance 

13 flying done by such employees. 

14 (c) RECOMMENDATIONS.—Not later than 180 days 

15 after the date of the enactment of this Act, the Comp16 troller General shall submit to Congress the results of the 

17 analysis conducted under subsection (a), which shall in18 clude recommendations on the reforms needed to improve 

19 competition and enhance choices for consumers, includ20 ing— 

21 (1) whether oversight of alliances should be ex22 ercised by the Department of Justice rather than by 

23 the Department of Transportation; and 

24 (2) whether antitrust immunity for alliances 

25 should expire. 


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1 SEC. 402. ANALYSIS OF AIR CARRIER MERGERS. 

2 (a) IN GENERAL.—The Comptroller General of the 

3 United States shall conduct a post hoc analysis of the ef4 fect on the public interest and the state of competition 

5 and choice in the air transportation industry as a result 

6 of consolidation of air carriers that occurred on or after 

7 January 1, 2000, and before the date of the enactment 

8 of this Act. 

9 (b) CONSIDERATIONS.—In conducting the analysis 

10 required under subsection (a), the Comptroller General 

11 shall consider the extent to which— 

12 (1) fares are reasonable and proportional to the 

13 costs of the services provided; and 

14 (2) between January 1, 2000, and the date of 

15 the enactment of this Act— 

16 (A) fares have changed; 

17 (B) competition and consumer choice have 

18 changed; 

19 (C) fees imposed by air carriers, including 

20 ancillary fees, have changed; 

21 (D) configuration of routes has changed 

22 and the extent to which the availability of 

23 choices on those routes has changed; 

24 (E) operational performance has improved; 

25 and 


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1 (F) investment in aircraft, amenities, and 

2 workforce has changed. 

Æ 


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