I 

114TH CONGRESS 

2D SESSION H. R. 5291 

To amend title 49, United States Code, to provide enhanced consumer 

protection for air passengers, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 19, 2016 

Mr. THOMPSON of California introduced the following bill; which was referred 

to the Committee on Transportation and Infrastructure 

A BILL 

To amend title 49, United States Code, to provide enhanced 

consumer protection for air passengers, 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 Consumer Protection Act of 2016’’. 

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. 

Sec. 3. References to title 49, United States Code. 

Sec. 4. Causes of airline delays or cancellations. 

Sec. 5. Involuntary changes to itineraries. 


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Sec. 6. Additional consumer protections. 

Sec. 7. Addressing the needs of families of passengers involved in aircraft accidents. 

Sec. 8. Emergency medical kits. 

Sec. 9. Travelers with disabilities. 

Sec. 10. Extension of Advisory Committee for Aviation Consumer Protection. 

Sec. 11. Extension of competitive access reports. 

Sec. 12. Refunds for delayed baggage. 

Sec. 13. Refunds for other fees that are not honored by a covered air carrier. 

Sec. 14. Disclosure of fees to consumers. 

Sec. 15. Seat assignments. 

Sec. 16. Child seating. 

Sec. 17. Consumer complaint process improvement. 

Sec. 18. Online access to aviation consumer protection information. 

Sec. 19. Study on in cabin wheelchair restraint systems. 

Sec. 20. Training policies regarding assistance for persons with disabilities. 

Sec. 21. Advisory committee on the air travel needs of passengers with disabilities. 

Sec. 22. Report on covered air carrier change and cancellation fees. 

Sec. 23. Enforcement of aviation consumer protection rules. 

Sec. 24. Regulations relating to space for passengers on aircraft. 

1 SEC. 2. DEFINITIONS. 

2 In this Act, the following definitions apply: 

3 (1) APPROPRIATE COMMITTEES OF CON4 GRESS.—The term ‘‘appropriate committees of Con5 gress’’ means the Committee on Commerce, Science, 

6 and Transportation of the Senate and the Com7 mittee on Transportation and Infrastructure of the 

8 House of Representatives. 

9 (2) COVERED AIR CARRIER.—The term ‘‘cov10 ered air carrier’’ means an air carrier or a foreign 

11 air carrier as those terms are defined in section 

12 40102(a) of title 49, United States Code. 

13 (3) ONLINE SERVICE.—The term ‘‘online serv14 ice’’ means any service available over the Internet, 


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1 or that connects to the Internet or a wide-area net2 work. 

3 (4) TICKET AGENT.—The term ‘‘ticket agent’’ 

4 has the meaning given the term in section 40102(a) 

5 of title 49, United States Code. 

6 SEC. 3. REFERENCES TO TITLE 49, UNITED STATES CODE. 

7 Except as otherwise expressly provided, wherever in 

8 this Act an amendment or repeal is expressed in terms 

9 of an amendment to, or repeal of, a section or other provi10 sion, the reference shall be considered to be made to a 

11 section or other provision of title 49, United States Code. 

12 SEC. 4. CAUSES OF AIRLINE DELAYS OR CANCELLATIONS. 

13 (a) REVIEW.— 

14 (1) IN GENERAL.—Not later than 1 year after 

15 the date of enactment of this Act, the Secretary of 

16 Transportation shall review the categorization of 

17 delays and cancellations with respect to air carriers 

18 that are required to report such data. 

19 (2) CONSIDERATIONS.—In conducting the re20 view under paragraph (1), the Secretary shall con21 sider, at a minimum— 

22 (A) whether delays and cancellations at23 tributed by an air carrier to weather were un24 avoidable due to an operational or air traffic 

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1 erence in determining which flights to delay or 

2 cancel during a weather event; 

3 (B) whether and to what extent delays and 

4 cancellations attributed by an air carrier to 

5 weather disproportionately impact service to 

6 smaller airports and communities; and 

7 (C) whether it is an unfair or deceptive 

8 practice in violation of section 41712 of title 

9 49, United States Code, for an air carrier to in10 form a passenger that a flight is delayed or 

11 cancelled due to weather, without any other 

12 context or explanation for the delay or cancella13 tion, when the air carrier has discretion as to 

14 which flights to delay or cancel. 

15 (3) ADVISORY COMMITTEE FOR AVIATION CON16 SUMER PROTECTION.—The Secretary may use the 

17 Advisory Committee for Aviation Consumer Protec18 tion, established under section 411 of the FAA Mod19 ernization and Reform Act of 2012 (49 U.S.C. 

20 42301 prec. note), to assist in conducting the review 

21 and providing recommendations. 

22 (b) REPORT.—Not later than 90 days after the date 

23 the review under subsection (a) is complete, the Secretary 

24 shall submit to the appropriate committees of Congress 


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1 a report on the review under subsection (a), including any 

2 recommendations. 

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

4 shall be construed as affecting the decision of an air car5 rier to maximize its system capacity during weather-re6 lated events to accommodate the greatest number of pas7 sengers. 

8 SEC. 5. INVOLUNTARY CHANGES TO ITINERARIES. 

9 (a) REVIEW.— 

10 (1) IN GENERAL.—Not later than 1 year after 

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

12 Transportation shall review whether it is an unfair 

13 or deceptive practice in violation of section 41712 of 

14 title 49, United States Code, for an air carrier to 

15 change the itinerary of a passenger, more than 24 

16 hours before departure, if the new itinerary involves 

17 additional stops or departs 3 hours earlier or later 

18 and compensation or other more suitable air trans19 portation is not offered. 

20 (2) ADVISORY COMMITTEE FOR AVIATION CON21 SUMER PROTECTION.—The Secretary may use the 

22 Advisory Committee for Aviation Consumer Protec23 tion, established under section 411 of the FAA Mod24 ernization and Reform Act of 2012 (49 U.S.C. 


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1 42301 prec. note), to assist in conducting the review 

2 and providing recommendations. 

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

4 the review under subsection (a) is complete, the Secretary 

5 shall submit to appropriate committees of Congress a re6 port on the review under subsection (a), including any rec7 ommendations. 

8 SEC. 6. ADDITIONAL CONSUMER PROTECTIONS. 

9 Not later than 180 days after the date that the re10 views under sections 4 and 5 of this Act are complete, 

11 the Secretary of Transportation shall issue a supplemental 

12 notice of proposed rulemaking to its notice of proposed 

13 rulemaking published in the Federal Register on May 23, 

14 2014 (DOT–OST–2014–0056) (relating to the trans15 parency of airline ancillary fees and other consumer pro16 tection issues) to consider the following: 

17 (1) Requiring an air carrier to provide notifica18 tion and refunds or other consideration to a con19 sumer who is impacted by delays or cancellations 

20 when an air carrier has a choice as to which flights 

21 to cancel or delay during a weather-related event. 

22 (2) Requiring an air carrier to provide notifica23 tion and refunds or other consideration to a con24 sumer who is impacted by involuntary changes to 

25 the consumer’s itinerary. 


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1 SEC. 7. ADDRESSING THE NEEDS OF FAMILIES OF PAS2 SENGERS INVOLVED IN AIRCRAFT ACCI3 DENTS. 

4 (a) AIR CARRIERS HOLDING CERTIFICATES OF PUB5 LIC CONVENIENCE AND NECESSITY.—Section 41113 is 

6 amended— 

7 (1) in subsection (a), by striking ‘‘a major’’ and 

8 inserting ‘‘any’’; 

9 (2) in subsection (b)— 

10 (A) in paragraph (9), by striking ‘‘(and 

11 any other victim of the accident)’’ and inserting 

12 ‘‘(and any other victim of the accident, includ13 ing any victim on the ground)’’; 

14 (B) in paragraph (16), by striking ‘‘major’’ 

15 and inserting ‘‘any’’; and 

16 (C) in paragraph (17)(A), by striking ‘‘sig17 nificant’’ and inserting ‘‘any’’; and 

18 (3) by amending subsection (e) to read as fol19 lows: 

20 ‘‘(e) DEFINITIONS.—In this section— 

21 ‘‘(1) ‘aircraft accident’ means any aviation dis22 aster, regardless of its cause or suspected cause, for 

23 which the National Transportation Safety Board is 

24 the lead investigative agency; and 

25 ‘‘(2) ‘passenger’ has the meaning given the 

26 term in section 1136.’’. 


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1 (b) FOREIGN AIR CARRIERS PROVIDING FOREIGN

2 AIR TRANSPORTATION.—Section 41313 is amended— 

3 (1) in subsection (b), by striking ‘‘a major’’ and 

4 inserting ‘‘any’’; and 

5 (2) in subsection (c)— 

6 (A) in paragraph (1), by striking ‘‘a sig7 nificant’’ and inserting ‘‘any’’; 

8 (B) in paragraph (2), by striking ‘‘a sig9 nificant’’ and inserting ‘‘any’’; 

10 (C) in paragraph (16), by striking ‘‘major’’ 

11 and inserting ‘‘any’’; and 

12 (D) in paragraph (17)(A), by striking ‘‘sig13 nificant’’ and inserting ‘‘any’’. 

14 (c) NATIONAL TRANSPORTATION SAFETY BOARD.— 

15 Section 1136(a) is amended by striking ‘‘aircraft accident 

16 within the United States involving an air carrier or foreign 

17 air carrier and resulting in a major loss of life’’ and insert18 ing ‘‘aircraft accident involving an air carrier or foreign 

19 air carrier, resulting in any loss of life, and for which the 

20 National Transportation Safety Board will serve as the 

21 lead investigative agency’’. 

22 SEC. 8. EMERGENCY MEDICAL KITS. 

23 (a) IN GENERAL.—Not later than 1 year after the 

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

25 the Federal Aviation Administration shall evaluate and reVerDate Sep 11 2014 23:45 May 23, 2016 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5291.IH H5291

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1 vise, as appropriate, the regulations under part 121 of title 

2 14, Code of Federal Regulations, regarding the emergency 

3 medical equipment requirements, including the contents of 

4 the first-aid kit, applicable to all certificate holders oper5 ating passenger-carrying airplanes under that part. 

6 (b) CONSIDERATIONS.—The Administrator shall con7 sider whether the minimum contents of approved emer8 gency medical kits, including approved first-aid kits, in9 clude appropriate medications and equipment to meet the 

10 emergency medical needs of children, including consider11 ation of an epinephrine auto-injector, as appropriate. 

12 SEC. 9. TRAVELERS WITH DISABILITIES. 

13 (a) IN GENERAL.—Not later than 1 year after the 

14 date of enactment of this Act, the Comptroller General 

15 of the United States shall— 

16 (1) conduct a study of airport accessibility best 

17 practices for individuals with disabilities, limited mo18 bility, or visual or hearing impairments; and 

19 (2) submit to the appropriate committees of 

20 Congress a report on the study, including the Comp21 troller General’s findings, conclusions, and rec22 ommendations. 

23 (b) CONTENTS.—The study under subsection (a) 

24 shall include accessibility best practices beyond those rec25 ommended under the Architectural Barriers Act of 1968 


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1 (42 U.S.C. 4151 et seq.), Rehabilitation Act of 1973 (29 

2 U.S.C. 701 et seq.), Air Carrier Access Act of 1986 (100 

3 Stat. 1080; Public Law 99–435), or Americans with Dis4 abilities Act of 1990 (42 U.S.C. 12101 et seq.), that im5 prove infrastructure and communications, such as with re6 gard to wayfinding, amenities, and passenger care. 

7 SEC. 10. EXTENSION OF ADVISORY COMMITTEE FOR AVIA8 TION CONSUMER PROTECTION. 

9 (a) TERMINATION.—Section 411(h) of the FAA Mod10 ernization and Reform Act of 2012 (Public Law 112–95; 

11 49 U.S.C. 42301 prec. note) is amended by striking 

12 ‘‘March 30, 2016’’ and inserting ‘‘September 30, 2017’’. 

13 (b) FINANCIAL DISCLOSURE.—Section 411 of the 

14 FAA Modernization and Reform Act of 2012 (Public Law 

15 112–95; 49 U.S.C. 42301 prec. note) is further amend16 ed— 

17 (1) by redesignating subsection (h) as sub18 section (i); and 

19 (2) by inserting before subsection (i), the fol20 lowing: 

21 ‘‘(h) CONFLICT OF INTEREST DISCLOSURE.—Begin22 ning on the date of enactment of the Airline Consumer 

23 Protection Act of 2016, each member of the advisory com24 mittee who is not a government employee shall disclose, 

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1 cluding financial conflicts of interest, to the Secretary in 

2 such form and manner as prescribed by the Secretary.’’. 

3 (c) RECOMMENDATIONS.—Section 411(g) of the FAA 

4 Modernization and Reform Act of 2012 (Public Law 112– 

5 95; 49 U.S.C. 42301 prec. note) is amended— 

6 (1) by striking ‘‘of the first 2 calendar years be7 ginning after the date of enactment of this Act’’ and 

8 inserting ‘‘calendar year’’; and 

9 (2) by inserting ‘‘and post on the Department 

10 of Transportation Web site’’ after ‘‘Congress’’. 

11 SEC. 11. EXTENSION OF COMPETITIVE ACCESS REPORTS. 

12 Section 47107(r)(3) is amended by striking ‘‘April 1, 

13 2016’’ and inserting ‘‘October 1, 2017’’. 

14 SEC. 12. REFUNDS FOR DELAYED BAGGAGE. 

15 (a) IN GENERAL.—Not later than 1 year after the 

16 date of enactment of this Act, the Secretary of Transpor17 tation shall issue final regulations to require a covered air 

18 carrier to promptly provide an automatic refund to a pas19 senger in the amount of any applicable ancillary fees paid 

20 if the covered air carrier has charged the passenger an 

21 ancillary fee for checked baggage but the covered air car22 rier fails to deliver the checked baggage to the passenger 

23 not later than 6 hours after the arrival of a domestic flight 

24 or 12 hours after the arrival of an international flight. 


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1 (b) EXCEPTION.—If as part of the rulemaking the 

2 Secretary makes a determination on the record that a re3 quirement under subsection (a) is unfeasible and will neg4 atively affect consumers in certain cases, the Secretary 

5 may modify 1 or both of the deadlines in that subsection 

6 for such cases, except that— 

7 (1) the deadline relating to a domestic flight 

8 may not exceed 12 hours after the arrival of the do9 mestic flight; and 

10 (2) the deadline relating to an international 

11 flight may not exceed 24 hours after the arrival of 

12 the domestic flight. 

13 SEC. 13. REFUNDS FOR OTHER FEES THAT ARE NOT HON14 ORED BY A COVERED AIR CARRIER. 

15 (a) IN GENERAL.—Not later than 1 year after the 

16 date of enactment of this Act, the Secretary of Transpor17 tation shall promulgate regulations that require each cov18 ered air carrier to promptly provide an automatic refund 

19 to a passenger of any ancillary fees paid for services that 

20 the passenger does not receive, including on the pas21 senger’s scheduled flight or, if rescheduled, a subsequent 

22 replacement itinerary. 

23 (b) CANCELLED FLIGHTS.—As part of the rule under 

24 subsection (a), the Secretary shall require each covered air 

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1 senger of any ancillary fees paid for services that the pas2 senger does not receive for a flight cancelled by the pas3 senger. 

4 SEC. 14. DISCLOSURE OF FEES TO CONSUMERS. 

5 (a) IN GENERAL.—Not later than 1 year after the 

6 date of enactment of this Act, the Secretary of Transpor7 tation shall issue final regulations requiring— 

8 (1) each covered air carrier to disclose to a con9 sumer the baggage fee, cancellation fee, change fee, 

10 ticketing fee, and seat selection fee of that covered 

11 air carrier in a standardized format; and 

12 (2) notwithstanding the manner in which infor13 mation regarding the fees described in paragraph 

14 (1) is collected, each ticket agent to disclose to a 

15 consumer such fees of a covered air carrier in the 

16 standardized format described in paragraph (1). 

17 (b) REQUIREMENTS.—The regulations under sub18 section (a) shall require that each disclosure— 

19 (1) if ticketing is done on an Internet Web site 

20 or other online service— 

21 (A) be prominently displayed to the con22 sumer prior to the point of purchase; and 

23 (B) set forth the fees described in sub24 section (a)(1) in clear and plain language and 

25 a font of easily readable size; and 


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1 (2) if ticketing is done on the telephone, be ex2 pressly stated to the consumer during the telephone 

3 call and prior to the point of purchase. 

4 SEC. 15. SEAT ASSIGNMENTS. 

5 (a) IN GENERAL.—Not later than 15 months after 

6 the date of enactment of this Act, the Secretary of Trans7 portation shall complete such actions as may be necessary 

8 to require each covered air carrier and ticket agent to dis9 close to a consumer that seat selection for which a fee 

10 is charged is an optional service, and that if a consumer 

11 does not pay for a seat assignment, a seat will be assigned 

12 to the consumer from available inventory at the time the 

13 consumer checks in for the flight or prior to departure. 

14 (b) REQUIREMENTS.—The disclosure under sub15 section (a) shall— 

16 (1) if ticketing is done on an Internet Web site 

17 or other online service, be prominently displayed to 

18 the consumer on that Internet Web site or online 

19 service during the selection of seating or prior to the 

20 point of purchase; and 

21 (2) if ticketing is done on the telephone, be ex22 pressly stated to the consumer during the telephone 

23 call and prior to the point of purchase. 


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1 SEC. 16. CHILD SEATING. 

2 (a) IN GENERAL.—Not later than 15 months after 

3 the date of enactment of this Act, the Secretary of Trans4 portation shall complete such actions as may be necessary 

5 to require each covered air carrier and ticket agent to dis6 close to a consumer that if a reservation includes a child 

7 under the age of 13 traveling with an accompanying pas8 senger who is age 13 or older— 

9 (1) whether adjoining seats are available at no 

10 additional cost at the time of purchase; and 

11 (2) if not, what the covered air carrier’s policy 

12 is for accommodating adjoining seat requests at the 

13 time the consumer checks in for the flight or prior 

14 to departure. 

15 (b) REQUIREMENTS.—The disclosure under sub16 section (a) shall— 

17 (1) if ticketing is done on an Internet Web site 

18 or other online service, be prominently displayed to 

19 the consumer on that Internet Web site or online 

20 service during the selection of seating or prior to the 

21 point of purchase; and 

22 (2) if ticketing is done on the telephone, be ex23 pressly stated to the consumer during the telephone 

24 call and prior to the point of purchase. 

25 SEC. 17. CONSUMER COMPLAINT PROCESS IMPROVEMENT. 

26 (a) IN GENERAL.—Section 42302 is amended— 


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

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

3 (2) by inserting after subsection (a), the fol4 lowing: 

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

6 carrier, and ticket agent shall inform each consumer of 

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

8 can file a complaint about that service with the carrier 

9 and with the Aviation Consumer Protection Division of the 

10 Department of Transportation.’’; 

11 (3) by amending subsection (c), as redesig12 nated, to read as follows: 

13 ‘‘(c) INTERNET WEB SITE OR OTHER ONLINE SERV14 ICE NOTICE.—Each air carrier and foreign air carrier 

15 shall include on its Internet Web site, any related mobile 

16 device application, and online service— 

17 ‘‘(1) the hotline telephone number established 

18 under subsection (a) or for the Aviation Consumer 

19 Protection Division of the Department of Transpor20 tation; 

21 ‘‘(2) an active link and the email address, tele22 phone number, and mailing address of the air car23 rier or foreign air carrier, as applicable, for a con24 sumer to submit a complaint to the carrier about the 

25 quality of service; 


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1 ‘‘(3) notice that the consumer can file a com2 plaint with the Aviation Consumer Protection Divi3 sion of the Department of Transportation; 

4 ‘‘(4) an active link to the Internet Web site of 

5 the Aviation Consumer Protection Division of the 

6 Department of Transportation for a consumer to file 

7 a complaint; and 

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

9 on the same Internet Web site page as the active 

10 link described in paragraph (4).’’; and 

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

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

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

14 providing scheduled air transportation using 

15 any aircraft that as originally designed has a 

16 passenger capacity of 30 or more passenger 

17 seats’’ and inserting ‘‘Each air carrier and for18 eign air carrier’’; 

19 (B) in paragraph (1), by striking ‘‘air car20 rier’’ and inserting ‘‘carrier’’; and 

21 (C) in paragraph (2), by striking ‘‘air car22 rier’’ and inserting ‘‘carrier’’. 

23 (b) RULEMAKING.—Not later than 1 year after the 

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1 quirements of section 42302 of title 49, United States 

2 Code, as amended. 

3 SEC. 18. ONLINE ACCESS TO AVIATION CONSUMER PRO4 TECTION INFORMATION. 

5 (a) INTERNET WEB SITE.—Not later than 180 days 

6 after the date of enactment of this Act, the Secretary of 

7 Transportation shall— 

8 (1) complete an evaluation of the aviation con9 sumer protection portion of the Department of 

10 Transportation’s public Internet Web site to identify 

11 any changes to the user interface that will improve 

12 usability, accessibility, consumer satisfaction, and 

13 Web site performance; 

14 (2) in completing the evaluation under para15 graph (1)— 

16 (A) consider the best practices of other 

17 Federal agencies with effective Web sites; and 

18 (B) consult with the Federal Web Man19 agers Council; 

20 (3) develop a plan, including an implementation 

21 timeline, for— 

22 (A) making the changes identified under 

23 paragraph (1); and 


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1 (B) making any necessary changes to that 

2 portion of the Web site that will enable a con3 sumer— 

4 (i) to access information regarding 

5 each complaint filed with the Aviation Con6 sumer Protection Division of the Depart7 ment of Transportation; 

8 (ii) to search the complaints described 

9 in clause (i) by the name of the air carrier 

10 and the type of complaint; and 

11 (iii) to determine the date a complaint 

12 was filed and the date a complaint was re13 solved; and 

14 (4) submit the evaluation and plan to the ap15 propriate committees of Congress. 

16 (b) MOBILE APPLICATION SOFTWARE.—Not later 

17 than 1 year after the date of enactment of this Act, the 

18 Secretary of Transportation shall— 

19 (1) implement a program to develop application 

20 software for wireless devices that will enable a user 

21 to access information and perform activities related 

22 to aviation consumer protection, such as— 

23 (A) information regarding airline pas24 senger protections, including protections related 

25 to lost baggage and baggage fees, disclosure of 


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1 additional fees, bumping, and tarmac delays; 

2 and 

3 (B) file an aviation consumer complaint, 

4 including a safety and security, airline service, 

5 disability and discrimination, or privacy com6 plaint, with the Aviation Consumer Protection 

7 Division of the Department of Transportation; 

8 and 

9 (2) make the application software available to 

10 the public at no cost. 

11 SEC. 19. STUDY ON IN CABIN WHEELCHAIR RESTRAINT SYS12 TEMS. 

13 Not later than 2 years after the date of the enact14 ment of this Act, the Architectural and Transportation 

15 Barriers Compliance Board, in consultation with the Sec16 retary of Transportation, shall conduct a study to deter17 mine the ways in which particular individuals with signifi18 cant disabilities who use wheelchairs, including power 

19 wheelchairs, can be accommodated through in cabin wheel20 chair restraint systems. 

21 SEC. 20. TRAINING POLICIES REGARDING ASSISTANCE FOR 

22 PERSONS WITH DISABILITIES. 

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

24 date of enactment of this Act, the Comptroller General 


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1 of the United States shall submit to Congress a report 

2 describing— 

3 (1) each air carrier’s training policy for its per4 sonnel and contractors regarding assistance for per5 sons with disabilities, as required by Department of 

6 Transportation regulations; 

7 (2) any variations among the air carriers in the 

8 policies described in paragraph (1); 

9 (3) how the training policies are implemented to 

10 meet the Department of Transportation regulations; 

11 (4) how frequently an air carrier must train 

12 new employees and contractors due to turnover in 

13 positions that require such training; 

14 (5) how frequently, in the prior 10 years, the 

15 Department of Transportation has requested, after 

16 reviewing a training policy, that an air carrier take 

17 corrective action; and 

18 (6) the action taken by an air carrier under 

19 paragraph (5). 

20 (b) BEST PRACTICES.—After the date the report is 

21 submitted under subsection (a), the Secretary of Trans22 portation, based on the findings of the report, shall de23 velop and disseminate to air carriers such best practices 

24 as the Secretary considers necessary to improve the train25 ing policies. 


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1 SEC. 21. ADVISORY COMMITTEE ON THE AIR TRAVEL 

2 NEEDS OF PASSENGERS WITH DISABILITIES. 

3 (a) ESTABLISHMENT.—The Secretary of Transpor4 tation shall establish an advisory committee for the air 

5 travel needs of passengers with disabilities (referred to in 

6 this section as the ‘‘Advisory Committee’’). 

7 (b) DUTIES.—The Advisory Committee shall advise 

8 the Secretary with regard to the implementation of the 

9 Air Carrier Access Act of 1986 (Public Law 99–435; 100 

10 Stat. 1080), including— 

11 (1) assessing the disability-related access bar12 riers encountered by passengers with disabilities; 

13 (2) determining the extent to which the pro14 grams and activities of the Department of Transpor15 tation are addressing the barriers described in para16 graph (1); 

17 (3) recommending improvements to the air 

18 travel experience of passengers with disabilities; and 

19 (4) such activities as the Secretary considers 

20 necessary to carry out this section. 

21 (c) MEMBERSHIP.— 

22 (1) IN GENERAL.—The Advisory Committee 

23 shall be comprised of at least 1 representative of 

24 each of the following groups: 

25 (A) Passengers with disabilities. 

26 (B) National disability organizations. 


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1 (C) Air carriers. 

2 (D) Airport operators. 

3 (E) Contractor service providers. 

4 (2) APPOINTMENT.—The Secretary of Trans5 portation shall appoint each member of the Advisory 

6 Committee. 

7 (3) VACANCIES.—A vacancy in the Advisory 

8 Committee shall be filled in the manner in which the 

9 original appointment was made. 

10 (d) CHAIRPERSON.—The Secretary of Transportation 

11 shall designate, from among the members appointed under 

12 subsection (c), an individual to serve as chairperson of the 

13 Advisory Committee. 

14 (e) TRAVEL EXPENSES.—Members of the advisory 

15 committee shall serve without pay, but shall receive travel 

16 expenses, including per diem in lieu of subsistence, in ac17 cordance with subchapter I of chapter 57 of title 5, United 

18 States Code. 

19 (f) REPORTS.— 

20 (1) IN GENERAL.—Not later than February 1 

21 of each year, the Advisory Committee shall submit 

22 to the Secretary of Transportation a report on the 

23 needs of passengers with disabilities in air travel, in24 cluding— 


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1 (A) an assessment of disability-related ac2 cess barriers, both those that were evident in 

3 the preceding year and those that will likely be 

4 an issue in the next 5 years; 

5 (B) an evaluation of the extent to which 

6 the Department of Transportation’s programs 

7 and activities are eliminating disability-related 

8 access barriers; 

9 (C) a description of the Advisory Commit10 tee’s actions during the prior calendar year; 

11 (D) a description of activities that the Ad12 visory Committee proposed to undertake in the 

13 succeeding calendar year; and 

14 (E) any recommendations for legislation, 

15 administrative action, or other action that the 

16 Advisory Committee considers appropriate. 

17 (2) REPORT TO CONGRESS.—Not later than 60 

18 days after the date the Secretary receives the report 

19 under subparagraph (A), the Secretary shall submit 

20 to Congress a copy of the report, including any addi21 tional findings or recommendations that the Sec22 retary considers appropriate. 

23 (g) TERMINATION.—The Advisory Committee shall 

24 terminate 2 years after the date of enactment of this Act. 


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1 SEC. 22. REPORT ON COVERED AIR CARRIER CHANGE AND 

2 CANCELLATION FEES. 

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

4 United States shall conduct a study of existing airline in5 dustry change and cancellation fees and the current indus6 try practice for handling changes to or cancellation of 

7 ticketed travel on covered air carriers. 

8 (b) CONSIDERATIONS.—In conducting the study, the 

9 Comptroller General shall consider, at a minimum— 

10 (1) whether and how each covered air carrier 

11 calculates its change fees and cancellation fees; and 

12 (2) the relationship between the cost of the 

13 ticket and the date of change or cancellation as com14 pared to the date of travel. 

15 (c) REPORT.—Not later than 1 year after the date 

16 of enactment of this Act, the Comptroller General shall 

17 submit to the appropriate committees of Congress a report 

18 on the study, including the Comptroller General’s findings, 

19 conclusions, and recommendations. 

20 SEC. 23. ENFORCEMENT OF AVIATION CONSUMER PROTEC21 TION RULES. 

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

23 United States shall conduct a study to consider and evalu24 ate Department of Transportation enforcement of aviation 

25 consumer protection rules. 


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1 (b) CONTENTS.—The study under subsection (a) 

2 shall include an evaluation of— 

3 (1) available enforcement mechanisms; 

4 (2) any obstacles to enforcement; and 

5 (3) trends in Department of Transportation en6 forcement actions. 

7 (c) REPORT.—Not later than 1 year after the date 

8 of enactment of this Act, the Comptroller General shall 

9 submit to the appropriate committees of Congress a report 

10 on the study, including the Comptroller General’s findings, 

11 conclusions, and recommendations. 

12 SEC. 24. REGULATIONS RELATING TO SPACE FOR PAS13 SENGERS ON AIRCRAFT. 

14 (a) MORATORIUM ON REDUCTIONS TO AIRCRAFT

15 SEAT SIZE.—Not later than 30 days after the date of the 

16 enactment of this Act, the Administrator of the Federal 

17 Aviation Administration shall prohibit any air carrier from 

18 reducing the size, width, padding, or pitch of seats on pas19 senger aircraft operated by the air carrier, the amount of 

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

21 on such aircraft. 

22 (b) REGULATIONS RELATING TO SPACE FOR PAS23 SENGERS ON AIRCRAFT.—Not later than 180 days after 

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

25 shall prescribe regulations— 


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1 (1) establishing minimum standards for space 

2 for passengers on passenger aircraft, including the 

3 size, width, padding, and pitch of seats, the amount 

4 of leg room per seat, and the width of aisles on such 

5 aircraft for the safety, health, and comfort of pas6 sengers; and 

7 (2) requiring each air carrier to prominently 

8 display on the Web site of the air carrier the amount 

9 of space available for each passenger on passenger 

10 aircraft operated by the air carrier, including the 

11 size, width, padding, and pitch of seats, the amount 

12 of leg room per seat, and the width of aisles on such 

13 aircraft. 

14 (c) CONSULTATIONS.—In prescribing the regulations 

15 required by subsection (b), the Administrator shall consult 

16 with the Occupational Safety and Health Administration, 

17 the Centers for Disease Control and Prevention, passenger 

18 advocacy organizations, physicians, and ergonomic engi19 neers. 

20 (d) END OF MORATORIUM.—Subsection (a) shall 

21 cease to be effective on the effective date of the regulations 

22 prescribed under subsection (b). 

23 (e) AIR CARRIER DEFINED.—In this section, the 

24 term ‘‘air carrier’’ means an air carrier (as defined in sec25 tion 40102 of title 49, United States Code) that transVerDate Sep 11 2014 23:45 May 23, 2016 Jkt 059200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H5291.IH H5291

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1 ports passengers by aircraft as a common carrier for com2 pensation. 

Æ 


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