I 
112TH CONGRESS 
1ST SESSION 
H. R. 729 
To amend title 49, United States Code, to ensure air passengers have access 
to necessary services while on a grounded air carrier, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 15, 2011 
Mr. THOMPSON of California (for himself, Mr. ACKERMAN, Mr. BLUMENAUER, 
Mr. DINGELL, Mr. ELLISON, Mr. ENGEL, Ms. ESHOO, Mr. FARR, Mr. 
GONZALEZ, Mr. HONDA, Ms. LEE of California, Ms. ZOE LOFGREN of 
California, Mr. MCINTYRE, Mr. GEORGE MILLER of California, Mr. 
MORAN, Mr. NADLER, Mr. ROSS of Arkansas, Mr. RUPPERSBERGER, Mr. 
SHERMAN, Mr. SHULER, Mr. TERRY, Mr. TIBERI, Mr. TOWNS, and Mr. 
WEINER) introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure 
A BILL 
To amend title 49, United States Code, to ensure air pas-
sengers have access to necessary services while on a 
grounded air carrier, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Airline Passenger Bill 
of Rights Act of 2011’’. 
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SEC. 2. AIRLINE CUSTOMER SERVICE COMMITMENT. 
(a) IN GENERAL.—Chapter 417 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘SUBCHAPTER IV—AIRLINE CUSTOMER 
SERVICE 
‘‘§ 41781. Air carrier and airport contingency plans 
for long on-board tarmac delays 
‘‘(a) DEFINITION OF TARMAC DELAY.—The term 
‘tarmac delay’ means the holding of an aircraft on the 
ground before taking off or after landing with no oppor-
tunity for its passengers to deplane. 
‘‘(b) SUBMISSION OF AIR CARRIER AND AIRPORT 
PLANS.—Not later than 60 days after the date of the en-
actment of the Airline Passenger Bill of Rights Act of 
2011, each air carrier and airport operator shall submit, 
in accordance with the requirements under this section, 
a proposed contingency plan to the Secretary of Transpor-
tation for review and approval. 
‘‘(c) MINIMUM
STANDARDS.—The Secretary of 
Transportation shall establish minimum standards for ele-
ments in contingency plans required to be submitted under 
this section to ensure that such plans effectively address 
long on-board tarmac delays and provide for the health 
and safety of passengers and crew. 
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‘‘(d) AIR CARRIER PLANS.—The plan shall require 
each air carrier to implement at a minimum the following: 
‘‘(1) PROVISION
OF
ESSENTIAL
SERVICES.— 
Each air carrier shall provide for the essential needs 
of passengers on board an aircraft at an airport in 
any case in which the departure of a flight is de-
layed or disembarkation of passengers on an arriving 
flight that has landed is substantially delayed, in-
cluding— 
‘‘(A) adequate food and potable water; 
‘‘(B) adequate restroom facilities; 
‘‘(C) cabin ventilation and comfortable 
cabin temperatures; and 
‘‘(D) access to necessary medical treat-
ment. 
‘‘(2) RIGHT TO DEPLANE.— 
‘‘(A) IN GENERAL.—Each air carrier shall 
submit a proposed contingency plan to the Sec-
retary of Transportation that identifies a clear 
time frame under which passengers would be 
permitted to deplane a delayed aircraft. After 
the Secretary has reviewed and approved the 
proposed plan, the air carrier shall make the 
plan available to the public. 
‘‘(B) DELAYS.— 
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‘‘(i) IN
GENERAL.—As part of the 
plan, except as provided under clause (iii), 
an air carrier shall provide passengers with 
the option of deplaning and returning to 
the terminal at which such deplaning could 
be safely completed, or deplaning at the 
terminal if— 
‘‘(I) 3 hours have elapsed after 
passengers have boarded the aircraft, 
the aircraft doors are closed, and the 
aircraft has not departed; or 
‘‘(II) 3 hours have elapsed after 
the aircraft has landed and the pas-
sengers on the aircraft have been un-
able to deplane. 
‘‘(ii) FREQUENCY.—The option de-
scribed in clause (i) shall be offered to pas-
sengers at a minimum not less often than 
once during each successive 3-hour period 
that the plane remains on the ground. 
‘‘(iii) EXCEPTIONS.—This subpara-
graph shall not apply if— 
‘‘(I) the pilot of such aircraft 
reasonably determines that the air-
craft will depart or be unloaded at the 
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terminal not later than 30 minutes 
after the 3 hour delay; or 
‘‘(II) the pilot of such aircraft 
reasonably determines that permitting 
a passenger to deplane would jeop-
ardize passenger safety or security. 
‘‘(C) 
APPLICATION
TO
DIVERTED 
FLIGHTS.—This section applies to aircraft with-
out regard to whether they have been diverted 
to an airport other than the original destina-
tion. 
‘‘(D) REPORTS.—Not later than 30 days 
after any flight experiences a tarmac delay last-
ing at least 3 hours, the air carrier responsible 
for such flight shall submit a written descrip-
tion of the incident and its resolution to the 
Aviation Consumer Protection Office of the De-
partment of Transportation. 
‘‘(e) AIRPORT PLANS.—Each airport operator shall 
submit a proposed contingency plan under subsection (b) 
that contains a description of— 
‘‘(1) how the airport operator will provide for 
the deplanement of passengers following a long 
tarmac delay; and 
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‘‘(2) how, to the maximum extent practicable, 
the airport operator will provide for the sharing of 
facilities and make gates available at the airport for 
use by aircraft experiencing such delays. 
‘‘(f) UPDATES.—The Secretary shall require periodic 
reviews and updates of the plans as necessary. 
‘‘(g) APPROVAL.— 
‘‘(1) IN GENERAL.—Not later than 6 months 
after the date of the enactment of this section, the 
Secretary of Transportation shall— 
‘‘(A) review the initial contingency plans 
submitted under subsection (b); and 
‘‘(B) approve plans that closely adhere to 
the standards described in subsections (d) or 
(e), whichever is applicable. 
‘‘(2) UPDATES.—Not later than 60 days after 
the submission of an update under subsection (f) or 
an initial contingency plan by a new air carrier or 
airport, the Secretary shall— 
‘‘(A) review the plan; and 
‘‘(B) approve the plan if it closely adheres 
to the standards described in subsections (d) or 
(e), which ever is applicable. 
‘‘(h) CIVIL PENALTIES.—The Secretary may assess 
a civil penalty under section 46301 against any air carrier 
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or airport operator that does not submit, obtain approval 
of, or adhere to a contingency plan submitted under this 
section. 
‘‘(i) PUBLIC ACCESS.—Each air carrier and airport 
operator required to submit a contingency plan under this 
section shall ensure public access to an approved plan 
under this section by— 
‘‘(1) including the plan on the Internet Web 
site of the carrier or airport; or 
‘‘(2) disseminating the plan by other means, as 
determined by the Secretary. 
‘‘§ 41782. Air passenger complaints hotline and infor-
mation 
‘‘(a) AIR PASSENGER COMPLAINTS HOTLINE TELE-
PHONE NUMBER.—The Secretary of Transportation shall 
establish a consumer complaints hotline telephone number 
for the use of air passengers. 
‘‘(b) PUBLIC NOTICE.—The Secretary shall notify 
the public of the telephone number established under sub-
section (a). 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section, which sums shall re-
main available until expended.’’. 
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(b) CONFORMING AMENDMENT.—The chapter anal-
ysis for chapter 417 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘SUBCHAPTER IV—AIRLINE CUSTOMER SERVICE 
‘‘41781. Air carrier and airport contingency plans for long on-board tarmac 
delays 
‘‘41782. Air passenger complaints hotline and information’’. 
Æ 
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