II 

117TH CONGRESS 

1ST SESSION S. 3222 

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

purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 17, 2021 

Mr. BLUMENTHAL (for himself, Mr. MARKEY, Mr. WHITEHOUSE, Mr. WYDEN, 

and Mr. CASEY) 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. Rules regarding compensation provided to passengers. 


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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. 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. 

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. 

6 (2) ADVISORY COMMITTEE FOR AVIATION CON7 SUMER PROTECTION.—The term ‘‘Advisory ComVerDate Sep 11 2014 22:41 Nov 18, 2021 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3222.IS S3222

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1 mittee for Aviation Consumer Protection’’ means the 

2 advisory committee established under section 411 of 

3 the FAA Modernization and Reform Act of 2012 

4 (49 U.S.C. 42301 note prec.). 

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

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

7 terms are defined in section 40102 of title 49, 

8 United States Code. 

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

10 transportation’’ has the meaning given that term in 

11 section 40102 of title 49, United States Code. 

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

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

14 means any fee for an optional service, including any 

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

16 bag, cancellation of an itinerary, changes in an 

17 itinerary, seat assignment, or advance boarding. 

18 (6) APPROPRIATE COMMITTEES OF CON19 GRESS.—The term ‘‘appropriate committees of Con20 gress’’ means the Committee on Commerce, Science, 

21 and Transportation of the Senate and the Com22 mittee on Transportation and Infrastructure of the 

23 House of Representatives. 

24 (7) PURCHASE.—The term ‘‘purchase’’, with re25 spect to a ticket for travel in air transportation, 


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1 means the purchase of a ticket using cash or credit 

2 or using miles awarded through the frequent flyer 

3 program of an air carrier. 

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

5 the Secretary of Transportation. 

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

7 has the meaning given that term in section 40102 

8 of title 49, United States Code. 

9 TITLE I—PASSENGER 

10 PROTECTIONS 

11 SEC. 101. RULES REGARDING COMPENSATION PROVIDED 

12 TO PASSENGERS. 

13 Not later than 180 days after the date of the enact14 ment of this Act, the Secretary shall prescribe regula15 tions— 

16 (1) allowing an air carrier to offer compensa17 tion to a passenger to incentivize the passenger to 

18 relinquish the passenger’s seat on a flight operated 

19 by the air carrier; 

20 (2) prohibiting an air carrier from imposing a 

21 cap on the amount of compensation the air carrier 

22 can provide to a passenger in exchange for the pas23 senger relinquishing a seat; and 

24 (3) requiring an air carrier to provide any com25 pensation provided to a passenger in exchange for 


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1 the passenger relinquishing a seat in the form of 

2 cash. 

3 SEC. 102. MINIMUM COMPENSATION PROVIDED TO PAS4 SENGERS INVOLUNTARILY DENIED BOARD5 ING. 

6 Not later than 60 days after the date of enactment 

7 of this Act, the Secretary shall, notwithstanding section 

8 425(e)(2) of the FAA Reauthorization Act of 2018, issue 

9 a final rule to revise part 250 of title 14, Code of Federal 

10 Regulations, to establish that $1,350 is the minimum level 

11 of compensation an air carrier or foreign air carrier must 

12 pay to a passenger who is involuntarily denied boarding 

13 as the result of an oversold flight. 

14 SEC. 103. DELAYS AND CANCELLATIONS. 

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

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

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

18 delayed or cancelled for any reason within the control of 

19 the air carrier (including crew scheduling, routine mainte20 nance, functioning of information technology systems, pas21 senger service issues, issues related to baggage services, 

22 issues related to ground handling of aircraft, or other rea23 sons as specified by the Secretary) and— 

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

25 destination is delayed by more than 1 hour and less 


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1 than 4 hours after the originally scheduled arrival of 

2 the passenger, the air carrier— 

3 (A) to automatically refund to the pas4 senger the amount the passenger paid for the 

5 ticket; and 

6 (B) to find a seat for the passenger on an7 other flight operated by the air carrier, on a 

8 flight operated by another air carrier, or on an 

9 alternative means of transportation, at no addi10 tional expense to the passenger, that results in 

11 the passenger arriving at the passenger’s des12 tination not later than 4 hours after the origi13 nal scheduled arrival time; 

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

15 destination is delayed by more than 4 hours after 

16 the originally scheduled arrival of the passenger, the 

17 air carrier— 

18 (A) to automatically refund to the pas19 senger the amount the passenger paid for the 

20 ticket; 

21 (B) to find a seat for the passenger on an22 other flight operated by the air carrier, on a 

23 flight operated by another air carrier, or on an 

24 alternative means of transportation, at no addi25 tional expense to the passenger, at the earliest 


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1 available opportunity, if the passenger so choos2 es; 

3 (C) to provide compensation to the pas4 senger of $1,350 cash; and 

5 (D) to provide a passenger with an amount 

6 equal to the cost of a meal; and 

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

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

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

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

11 (b) SAVINGS PROVISION.—Nothing in this section 

12 shall be construed as affecting the authority of an air car13 rier to maximize its system capacity during weather-re14 lated events to accommodate the greatest number of pas15 sengers. 

16 SEC. 104. UNFAIR AND DECEPTIVE ATTRIBUTION OF 

17 DELAYS AND CANCELLATIONS TO FORCE 

18 MAJEURE EVENTS. 

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

20 amended by adding at the end the following: 

21 ‘‘(d) ATTRIBUTION OF DELAYS AND CANCELLATIONS

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

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

24 or foreign air carrier to attribute the delay or cancellation 

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


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1 or foreign air carrier with which the carrier has a 

2 codesharing or other joint marketing arrangement to a 

3 force majeure event unless the delay or cancellation is 

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

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

6 a war or other hostilities.’’. 

7 SEC. 105. INTERLINE AGREEMENTS AND PROTECTIONS. 

8 (a) REGULATIONS.—Not later than 1 year after the 

9 date of the enactment of this Act, the Secretary shall pre10 scribe regulations— 

11 (1) to facilitate interline agreements and related 

12 practices between air carriers and providers of other 

13 modes of transportation; and 

14 (2) to establish a complaint and remediation 

15 process through which parties may submit com16 plaints and resolve disputes regarding the establish17 ment and implementation of interline agreements. 

18 (b) INTERLINE AGREEMENTS.—The regulations pre19 scribed pursuant to subsection (a)(1) shall— 

20 (1) include provisions to prevent air carriers 

21 and other transportation providers from significantly 

22 hindering or preventing willing air carriers or other 

23 transportation providers from entering into interline 

24 agreements or conducting related practices; 


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1 (2) require air carriers to explicitly notify pas2 sengers when they are eligible to be provided trans3 portation by another air carrier or a provider of an4 other mode of transportation; 

5 (3) after an eligible passenger is notified under 

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

7 provide to the passenger transportation through an8 other air carrier or a provider of another mode of 

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

10 air carrier has an interline agreement with the other 

11 air carrier or transportation provider; 

12 (4) prohibit air carriers and other transpor13 tation providers from unduly or improperly influ14 encing the decision of a partner, subsidiary, or ven15 dor to enter into an interline agreement, the terms 

16 or conditions of such an agreement, or related prac17 tices; 

18 (5) account for operational records, seat avail19 ability, and capacity; and 

20 (6) promote competition and the public interest. 

21 (c) COMPLAINT AND REMEDIATION PROCESS.—The 

22 complaint and remediation processes established pursuant 

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

24 and remedies for violations of an interline agreement. 


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1 SEC. 106. 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 (b) take ef15 fect. 

16 (b) REGULATIONS RELATING TO SPACE FOR PAS17 SENGERS ON AIRCRAFT.—Not later than 1 year after the 

18 date of enactment of this Act, and after providing notice 

19 and an opportunity for comment, the Administrator shall 

20 issue regulations— 

21 (1) establishing minimum dimensions for pas22 senger seats on aircraft operated by air carriers in 

23 interstate air transportation or intrastate air trans24 portation, including the size, width, and pitch of 

25 seats, the amount of leg room, and the width of 


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1 aisles on such aircraft for the safety and health of 

2 passengers; and 

3 (2) requiring each air carrier to prominently 

4 display on a publicly available internet website of the 

5 air carrier the amount of space available for each 

6 passenger on passenger aircraft operated by the air 

7 carrier or by another air carrier with which the air 

8 carrier has a codesharing or other joint marketing 

9 arrangement, including the size, width, and pitch of 

10 seats, the amount of leg room, and the width of 

11 aisles on such aircraft. 

12 (c) CONSULTATIONS.—In prescribing the regulations 

13 required under subsection (b), the Administrator shall 

14 consult with the Occupational Safety and Health Adminis15 tration, the Centers for Disease Control and Prevention, 

16 passenger advocacy organizations, physicians, and ergo17 nomic engineers. 

18 (d) CONFORMING REPEAL.—Section 577 of the FAA 

19 Reauthorization Act of 2018 is repealed. 

20 SEC. 107. AVAILABILITY OF LAVATORIES ON PASSENGER 

21 AIRCRAFT. 

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

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

24 end the following: 


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1 ‘‘§ 41727. Availability of lavatories on passenger air2 craft 

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

4 carrier shall ensure that each passenger aircraft operated 

5 by the air carrier or foreign air carrier maintains suffi6 cient functional lavatories (as determined by the Secretary 

7 of Transportation) that— 

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

9 time passengers are on board the aircraft; and 

10 ‘‘(2) can accommodate individuals with disabil11 ities. 

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

13 term ‘disability’ has the meaning given that term in sec14 tion 3 of the Americans with Disabilities Act of 1990 (42 

15 U.S.C. 12102). 

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

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

18 of Rights, the Secretary of Transportation shall prescribe 

19 such regulations as are necessary to carry out this sec20 tion.’’. 

21 (b) CLERICAL AMENDMENT.—The analysis for chap22 ter 417 of such title is amended by inserting after the 

23 item relating to section 41726 the following: 

‘‘41727. Availability of lavatories on passenger aircraft.’’. 


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1 SEC. 108. AVAILABILITY OF POTABLE WATER ON PAS2 SENGER AIRCRAFT. 

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

4 title 49, United States Code, as amended by section 

5 107(a), is amended by adding at the end the following: 

6 ‘‘§ 41728. Availability of potable water on passenger 

7 aircraft 

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

9 carrier shall ensure that potable water is available, free 

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

11 air carrier or foreign air carrier. 

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

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

14 of Rights, the Secretary of Transportation shall prescribe 

15 such regulations as are necessary to carry out this sec16 tion.’’. 

17 (b) CLERICAL AMENDMENT.—The analysis for chap18 ter 417 of such title, as amended by section 107(b), is 

19 amended by inserting after the item relating to section 

20 41727 the following: 

‘‘41728. Availability of potable water on passenger aircraft.’’. 

21 SEC. 109. TRAINING ON RIGHTS OF PASSENGERS. 

22 Not later than 180 days after the date of the enact23 ment of this Act, the Secretary shall prescribe regulations 

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

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


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1 employees and representatives of the air carrier that di2 rectly interact with passengers, including ticket agents, 

3 gate agents, pilots, and flight attendants. 

4 SEC. 110. REPORT ON QUALITY AND SAFETY OF FOOD AND 

5 WATER ON PASSENGER 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 the 

9 quality and safety of food and potable water on passenger 

10 aircraft. 

11 SEC. 111. REPORT ON SUFFICIENCY OF AVAILABLE FLIGHT 

12 CREWS AND AIRCRAFT. 

13 Not later than 180 days after the date of the enact14 ment of this Act, the Administrator shall submit to the 

15 appropriate committees of Congress a report assessing— 

16 (1) whether air carriers ensure that sufficient 

17 flight crews and aircraft are available for scheduled 

18 flights; and 

19 (2) the extent to which not having sufficient 

20 flight crews and aircraft available affects arrival and 

21 departure times. 


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1 TITLE II—CONSUMER 

2 PROTECTIONS 

3 SEC. 201. PROTECTIONS RELATING TO THE IMPOSITION OF 

4 FEES THAT ARE NOT REASONABLE AND PRO5 PORTIONAL TO THE COSTS INCURRED. 

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

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

9 (1) prohibiting an air carrier from imposing 

10 fees described in subsection (b) that are unreason11 able or disproportional to the costs incurred by the 

12 air carrier; and 

13 (2) establishing standards for assessing whether 

14 such fees are reasonable and proportional to the 

15 costs incurred by the air carrier. 

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

17 subsection are— 

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

19 reservation for a flight in air transportation; 

20 (2) any fee relating to checked baggage or 

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

22 (3) any fee relating to seat selection or reserva23 tions on a flight; 


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1 (4) any fee relating to changing between flights 

2 departing on the same day or flying standby on a 

3 flight; and 

4 (5) any other fee imposed by an air carrier re5 lating to a flight. 

6 (c) CONSIDERATIONS.—In establishing the standards 

7 required under subsection (a)(2), the Secretary shall con8 sider— 

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

10 (b)(1) imposed by an air carrier for a change or can11 cellation of a flight reservation— 

12 (A) any net benefit or cost to the air car13 rier from the change or cancellation, taking into 

14 consideration— 

15 (i) the ability of the air carrier to an16 ticipate the expected average number of 

17 cancellations and changes and make res18 ervations accordingly; 

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

20 a seat made available by a change or can21 cellation; 

22 (iii) any difference in the fare likely to 

23 be paid for a ticket sold to another pas24 senger for a seat made available by the 

25 change or cancellation, as compared to the 


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1 fare paid by the passenger who changed or 

2 canceled the passenger’s reservation; and 

3 (iv) the likelihood that the passenger 

4 changing or cancelling the passenger’s res5 ervation will fill a seat on another flight by 

6 the same air carrier; 

7 (B) the costs of processing the change or 

8 cancellation electronically; and 

9 (C) any related labor costs; 

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

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

12 baggage— 

13 (A) the costs of processing checked bag14 gage electronically; and 

15 (B) any related labor costs; and 

16 (3) any other considerations the Secretary con17 siders appropriate. 

18 (d) UPDATED REGULATIONS.—The Secretary shall 

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

20 less frequently than every 3 years. 

21 SEC. 202. PROTECTIONS RELATING TO DISCLOSURE OF 

22 FLIGHT INFORMATION. 

23 (a) PROHIBITION ON LIMITING ACCESS OF CON24 SUMER TO INFORMATION.—Not later than 180 days after 

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


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1 prescribe regulations prohibiting an air carrier from lim2 iting the access of consumers to information relating to 

3 schedules, fares, fees, and taxes relating to flights in pas4 senger air transportation. 

5 (b) PROHIBITION ON WITHHOLDING INFORMA6 TION.—Not later than 180 days after the date of the en7 actment of this Act, the Secretary shall prescribe regula8 tions prohibiting an air carrier, through a global distribu9 tion system or otherwise, from withholding flight, fare, 

10 scheduling, availability, and other information published 

11 by air carriers from consumers and online travel agents 

12 and metasearch engines that provide flight search tools. 

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

14 TRANSPORTATION. 

15 Not later than 180 days after the date of the enact16 ment of this Act, the Secretary shall prescribe regulations 

17 requiring— 

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

19 accurate information in a user-friendly, accessible 

20 form, with respect to fares, applicable taxes, and an21 cillary fees to ticket agents, online travel agents, and 

22 metasearch engines that provide flight search tools; 

23 (2) air carriers to allow consumers to purchase 

24 tickets and pay for applicable taxes and ancillary 


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1 fees through ticket agents, online travel agents, and 

2 metasearch engines that provide flight search tools; 

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

4 agents, and metasearch engines that provide flight 

5 search tools to disclose all applicable taxes and any 

6 ancillary fees charged by an air carrier with respect 

7 to a fare that are applicable to the services identified 

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

9 shown in whole or in part; and 

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

11 agents, and metasearch engines that provide flight 

12 search tools, in any telephonic communication with 

13 a prospective consumer in the United States regard14 ing the cost of air transportation, to inform the con15 sumer of all applicable taxes and any ancillary fees 

16 charged by an air carrier in relation to the air trans17 portation and associated services requested by the 

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

19 transportation is disclosed in whole or in part. 

20 SEC. 204. DISCLOSURE OF LOWEST FARES FOR AIR TRANS21 PORTATION. 

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

23 United States Code, is amended— 

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

25 the end; 


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

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

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

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

5 the flight and for each flight segment of the 

6 flight, if applicable.’’. 

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

8 with the Administrator, shall prescribe such regulations 

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

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

11 (a)(3). 

12 SEC. 205. FREQUENT FLYER PROGRAMS FAIRNESS AND 

13 TRANSPARENCY. 

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

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

16 following: 

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

18 an unfair or deceptive practice under subsection (a) 

19 for any air carrier or foreign air carrier that offers 

20 a frequent flyer program— 

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

22 conditions of the frequent flyer program with23 out providing reasonable notice to consumers; 

24 or 


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1 ‘‘(B) to unfairly reduce or eliminate bene2 fits earned by members of the frequent flyer 

3 program.’’. 

4 (b) REGULATIONS.— 

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

6 after the date of the enactment of this Act, the Sec7 retary, in consultation with the Administrator, shall 

8 prescribe such regulations as may be necessary to 

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

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

11 (2) CONSIDERATIONS.—In prescribing the regu12 lations required under paragraph (1), the Secretary 

13 shall— 

14 (A) take into consideration— 

15 (i) the significance of the change to 

16 the frequent flyer program’s terms and 

17 conditions; and 

18 (ii) the amount of time between the 

19 notification provided to a consumer and 

20 the date on which the change takes effect; 

21 and 

22 (B) require each air carrier that offers a 

23 frequent flyer program to disclose, in a stand24 ardized format, when offering or enrolling conVerDate Sep 11 2014 22:41 Nov 18, 2021 Jkt 029200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S3222.IS S3222

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1 sumers into the program, accurate information 

2 regarding the program’s rules, including— 

3 (i) the rate at which credits are 

4 earned; 

5 (ii) the minimum number of credits 

6 earned per flight; 

7 (iii) the number of credits needed for 

8 each award; 

9 (iv) any applicable deadlines for re10 deeming credits; 

11 (v) any restrictions on the transfer12 ability of earned credit and awards; 

13 (vi) other conditions and limitations of 

14 the program; 

15 (vii) the percentage of successful re16 demptions; and 

17 (viii) frequent flyer seats made avail18 able in the top origin and destination mar19 kets. 

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

21 PILFERED BAGGAGE. 

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

23 date of the enactment of this Act, the Secretary shall pre24 scribe regulations requiring an air carrier— 


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1 (1) to promptly provide an automatic refund to 

2 a passenger in the amount of any ancillary fee 

3 charged by the air carrier for checked baggage if the 

4 passenger’s checked baggage arrives damaged; and 

5 (2) to provide notification to a passenger who 

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

7 baggage, through the passenger’s chosen method of 

8 communication, of the procedure by which the pas9 senger shall obtain a refund and the amount of the 

10 refund. 

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

12 carrier shall include the requirements under subsection (a) 

13 in the air carrier’s contract of carriage. 

14 SEC. 207. PASSENGER RIGHTS TRANSPARENCY. 

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

16 date of the enactment of this Act, the Secretary shall pre17 scribe regulations requiring air carriers to notify pas18 sengers of their rights and eligibility for refunds, com19 pensation, and protections required by law, including by 

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

21 to passengers. 

22 (b) REQUIREMENTS.—In prescribing the regulations 

23 under subsection (a), the Secretary shall require air car24 riers— 


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1 (1) to promptly and expressly notify eligible 

2 passengers and the public of their eligibility for re3 funds, compensation, and protections not later than 

4 30 minutes after the air carrier becomes aware that 

5 such passengers have become eligible for such re6 funds, compensation, and protections; 

7 (2) if such air carriers permit passengers and 

8 other interested persons to subscribe to flight status 

9 notification services— 

10 (A) to deliver refunds, compensation, and 

11 protection notifications to subscribers to such 

12 services, by whatever means the air carrier of13 fers that the subscriber chooses; and 

14 (B) to incorporate commitments with re15 spect to such services into their customer serv16 ice plans; 

17 (3) to continuously display information and eli18 gibility requirements for refunds, compensation, and 

19 protections, including refunds, compensation, and 

20 protections relating to— 

21 (A) denied boarding and delays and can22 cellations (including on international flights); 

23 and 

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


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1 (4) to prominently display passengers’ rights 

2 and contact information for the Department of 

3 Transportation’s consumer complaint system on 

4 boarding passes, computer-generated boarding 

5 passes, and ticketed itineraries, and at boarding 

6 gates and ticket counters. 

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

8 DECEPTIVE PRACTICES. 

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

10 amended by section 104, is amended by adding at the end 

11 the following: 

12 ‘‘(e) PRIVATE RIGHT OF ACTION.— 

13 ‘‘(1) IN GENERAL.—Any individual who pur14 chases a ticket for air transportation and is ag15 grieved by an action prohibited under this section 

16 may file a civil action for damages and injunctive re17 lief in an appropriate district court of the United 

18 States or a State court located in the State in 

19 which— 

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

21 been committed; or 

22 ‘‘(B) the aggrieved individual resides. 

23 ‘‘(2) ENFORCEMENT BY A STATE.—The attor24 ney general of any State, as parens patriae, may 


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1 bring a civil action to enforce the provisions of this 

2 section in— 

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

4 States in that State; or 

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

6 that State and has jurisdiction over the defend7 ant.’’. 

8 SEC. 209. FAIRNESS AND TRANSPARENCY IN CONTRACTS 

9 OF CARRIAGE. 

10 (a) IN GENERAL.—Subsection (a) of section 429(a) 

11 of the FAA Reauthorization Act of 2018 is amended by 

12 adding at the end the following: 

13 ‘‘(7) Family seating policies, including seating 

14 policies for children under the age of 2. 

15 ‘‘(8) Interline agreements and protections. 

16 ‘‘(9) Such other terms and conditions as the 

17 Secretary considers appropriate.’’. 

18 (b) RESUBMISSION.—Not later than 90 days after 

19 the date of enactment of this Act, the Secretary shall re20 quire each air carrier to— 

21 (1) resubmit the summarized 1-page document 

22 described in such section 429 to take into account 

23 the amendment made by subsection (a); and 


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1 (2) make available such revised document in a 

2 prominent location on its website pursuant to sub3 section (b) of such section 429. 

4 SEC. 210. PRIVATE RIGHT OF ACTION FOR DISCRIMINA5 TION CLAIMS AGAINST AIR CARRIERS. 

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

7 amended by adding at the end the following: 

8 ‘‘(d) CIVIL ACTION.— 

9 ‘‘(1) IN GENERAL.—Any individual who pur10 chases a ticket for air transportation and is ag11 grieved by a violation by an air carrier of this sec12 tion or a regulation prescribed under this section 

13 may, not later than 2 years after the date of the vio14 lation, bring a civil action in an appropriate district 

15 court of the United States. 

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

17 paragraph (1) in which the plaintiff prevails— 

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

19 legal relief, including compensatory and puni20 tive damages; and 

21 ‘‘(B) the court shall award reasonable at22 torney’s fees, reasonable expert fees, and the 

23 costs of the action to the plaintiff. 

24 ‘‘(3) NO REQUIREMENT FOR EXHAUSTION OF

25 REMEDIES.—An individual described in paragraph 


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1 (1) is not required to exhaust administrative com2 plaint procedures before filing a civil action under 

3 paragraph (1). 

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

5 this subsection shall be construed to invalidate or 

6 limit other Federal or State laws affording to people 

7 with disabilities greater legal rights or protections 

8 than those granted in this section.’’. 

9 SEC. 211. NO PREEMPTION OF CONSUMER PROTECTION 

10 CLAIMS. 

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

12 is amended by adding at the end the following: 

13 ‘‘(D) NO PREEMPTION OF CONSUMER PRO14 TECTION CLAIMS.—Nothing in subparagraphs 

15 (A) through (C) may be construed— 

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

17 any action for civil damages or injunctive 

18 relief based on a State consumer protection 

19 statute; or 

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

21 government entity, including an attorney 

22 general of a State, from bringing a legal 

23 claim on behalf of the citizens of the 

24 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, as amended by section 423 of the FAA Reau11 thorization Act of 2018, is amended— 

12 (1) by amending subsection (b) to read as fol13 lows: 

14 ‘‘(b) INTERNET WEBSITE OR OTHER ONLINE SERV15 ICE NOTICE.—Each air carrier and foreign air carrier 

16 shall include on a publicly available internet website, any 

17 related mobile device application, and online service— 

18 ‘‘(1) the hotline telephone number established 

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

20 Aviation Consumer Protection Division of the De21 partment of Transportation; 

22 ‘‘(2) an active link and the email address, tele23 phone number, and mailing address of the air car24 rier or foreign air carrier, as applicable, for a conVerDate Sep 11 2014 02:11 Nov 20, 2021 Jkt 029200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S3222.IS S3222

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1 sumer to submit a complaint to the carrier about the 

2 quality of service; 

3 ‘‘(3) notice that the consumer can file a com4 plaint with the Aviation Consumer Protection Divi5 sion of the Department of Transportation; 

6 ‘‘(4) an active link to the internet website of the 

7 Aviation Consumer Protection Division of the De8 partment of Transportation for a consumer to file a 

9 complaint; and 

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

11 on the same internet website page as the active link 

12 described in paragraph (4).’’; and 

13 (2) by adding at the end the following new sub14 sections: 

15 ‘‘(f) 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 ‘‘(g) REPORTING REQUIREMENT.—Upon receipt of 

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

23 complaint to the Aviation Consumer Protection Division 

24 of the Department of Transportation.’’. 


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

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

3 prescribe regulations to implement the requirements of 

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

5 by subsection (a). 

6 TITLE III—PENALTIES FOR AIR 

7 CARRIERS 

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

9 PASSENGER PROTECTION LAWS. 

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

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

12 following: 

13 ‘‘(8) VIOLATIONS OF PASSENGER PROTECTION

14 LAWS.—The maximum civil penalty specified under para15 graph (1) shall not apply with respect to a violation of 

16 a law relating to the treatment of passengers in air trans17 portation.’’. 

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

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

20 specify in regulations the provisions of law to which para21 graph (8) of section 46301(a) of title 49, United States 

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

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

24 Not later than 180 days after the date of the enact25 ment of this Act, and annually thereafter, the Secretary 


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1 shall submit to the appropriate committees of Congress 

2 a report— 

3 (1) listing all complaints received from pas4 sengers alleging violations of passenger protection 

5 laws; 

6 (2) identifying which of such complaints the 

7 Secretary investigated; and 

8 (3) if the Secretary chose not to pursue the im9 position of civil penalties with respect to such com10 plaints, a description of the reasoning of the Sec11 retary for doing so. 

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

13 CONSUMERS. 

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

15 date of the enactment of this Act, the Secretary shall sub16 mit to the appropriate committees of Congress a report— 

17 (1) assessing the feasibility and advisability of 

18 distributing a civil penalty imposed on an air carrier 

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

20 passengers in air transportation to the passengers 

21 affected by the violation; and 

22 (2) identifying any provisions of law that would 

23 need to be amended to permit such distributions. 

24 (b) CONSULTATIONS.—The Secretary shall consult 

25 with consumer advocacy organizations and the Advisory 


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1 Committee for Aviation Consumer Protection in devel2 oping the report required by subsection (a). 

3 SEC. 304. PROHIBITION ON NEGOTIATION OF REDUCTIONS 

4 IN CIVIL PENALTIES. 

5 Not later than 180 days after the date of the enact6 ment of this Act, the Secretary shall prescribe regulations 

7 prohibiting an air carrier from negotiating with the Fed8 eral Aviation Administration for a reduction in a civil pen9 alty imposed for a violation of a law relating to the treat10 ment of passengers in air transportation. 

11 TITLE IV—COMPETITIVENESS 

12 OF AIR CARRIERS 

13 SEC. 401. ANALYSIS OF AIR CARRIER MERGERS. 

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

15 United States shall conduct a post hoc analysis of the ef16 fect on the public interest and the state of competition 

17 and choice in the air transportation industry as a result 

18 of consolidation of air carriers that occurred on or after 

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

20 of this Act. 

21 (b) CONSIDERATIONS.—In conducting the analysis 

22 required under subsection (a), the Comptroller General 

23 shall consider the extent to which— 

24 (1) fares are reasonable and proportional to the 

25 costs of the services provided; and 


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

2 the enactment of this Act— 

3 (A) fares have changed; 

4 (B) competition and consumer choice have 

5 changed; 

6 (C) fees imposed by air carriers, including 

7 ancillary fees, have changed; 

8 (D) configuration of routes has changed 

9 and the extent to which the availability of 

10 choices on those routes has changed; 

11 (E) operational performance has improved; 

12 and 

13 (F) investment in aircraft, amenities, and 

14 workforce has changed. 

Æ 


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