‘‘(B) a refund of the amount paid for the
air transportation.
‘‘(2) PATTERNS OF PRACTICE.—
‘‘(A) NOTIFICATION
OF
SECRETARY.—If
an air carrier cancels a flight, the air carrier
shall submit to the Secretary of Transportation,
in writing before the 30th day following the
date of cancellation of the flight, the following
information with respect to the flight:
‘‘(i) The flight number.
‘‘(ii) The date and scheduled time of
departure of the flight.
‘‘(iii) The percentage of seats on the
flight that would have been filled, as of the
date of cancellation, if the flight was not
canceled.
‘‘(B) PERIODIC REVIEWS.—The Secretary
shall periodically review information submitted
under subparagraph (A) by each air carrier to
determine if there is a pattern of the air carrier
canceling a specific flight or canceling flights
that are undersold.
‘‘(C) INVESTIGATION.—If the Secretary
determines under subparagraph (B) that there
is a pattern of an air carrier canceling a spe-
cific flight or canceling flights that are
undersold, the Secretary shall conduct an inves-
tigation to determine whether the air carrier is
canceling the flight or flights for reasons other
than safety.
‘‘(D) RESTITUTION.—If, as a result of an
investigation under subparagraph (C), the Sec-
retary determines that a flight is canceled by an
air carrier for reasons other than safety, the
carrier shall provide a refund to each passenger
who purchased air transportation for that flight
equal to the amount they paid for that air
transportation even if the carrier provided the
air transportation to those passengers.
‘‘(E) UNDERSOLD DEFINED.—In this sec-
tion, a flight of an air carrier is undersold as
of a certain date if 70 percent or more of the
seats on the flight are not purchased on or be-
fore such date.
‘‘(3) LIMITATION ON CANCELLATIONS FOR REA-
SONS OTHER THAN SAFETY.—In this subsection, a
flight shall not be treated as being canceled for rea-
sons other than safety if the flight is canceled be-
cause of, among other things, an insufficient number
of crew, weather, or mechanical problems that pre-
vent the safe operation of the flight or prevent the
flight from operating in accordance with regulations
of the Federal Aviation Administration.
‘‘(e) LOST BAGGAGE.—If an air carrier finds baggage
or property that has on it the name of an individual, the
carrier shall make a good faith effort to find the individual
and return the baggage or property to the individual.
‘‘(f) LIMITATION ON SECURITY SCREENINGS.—No
air carrier or airport may conduct or have conducted a
security procedure at an airport in a manner that results
in a child under 2 years of age being separated from the
child’s parent or guardian without the consent of the par-
ent or guardian.
‘‘(g) CODE SHARING.—No air carrier, foreign air car-
rier, or ticket agent may sell air transportation in the
United States for a flight that bears a designator code
of a carrier other than the carrier that will provide the
air transportation unless the air carrier, foreign air car-
rier, or ticket agent selling the air transportation first in-
forms the person purchasing the air transportation that
the carrier providing the air transportation will be a car-
rier other than the carrier whose designator code is used
to identify the flight.
‘‘(h) AIR CARRIER PRICING POLICIES.—An air car-
rier may not—
‘‘(1) prohibit a person (including a govern-
mental entity) that purchases air transportation
from only using a portion of the air transportation
purchased (including using the air transportation
purchased only for 1-way travel instead of round-trip
travel); and
‘‘(2) assess an additional fee on or charge to—
‘‘(A) such a person; or
‘‘(B) any ticket agent that sold the air
transportation to such person.
‘‘(i) FREQUENT FLYER AWARDS.—Upon request of
any person (including a governmental entity), an air car-
rier shall disclose the number or percentage of seats that
the carrier intends to make available on a specific date
for use by a person redeeming an award under a frequent
flyer program of the carrier on any route in air transpor-
tation provided by the carrier.
‘‘(j) REGULATIONS.—The Secretary may issue regu-
lations to carry out this section.’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions for such title is amended by inserting after the item
relating to section 41715 the following:
‘‘41716. Air carrier passenger protection.’’.
SEC. 3. CIVIL PENALTIES.
Section 46301(a) of title 49, United States Code, is
amended—
(1) in paragraph (6) by inserting ‘‘MAXIMUM
PENALTY FOR VIOLATIONS RELATING TO AIR SERV-
ICE
TERMINATION
NOTICES.—’’ before ‘‘Notwith-
standing’’;
(2) by aligning paragraph (6) with paragraph
(5) of such section; and
(3) by adding at the end the following:
‘‘(7) MAXIMUM PENALTY FOR VIOLATIONS RE-
LATING
TO
SINGLE
FLIGHT
NUMBER
REQUIRE-
MENT.—Notwithstanding paragraph (1), the maxi-
mum civil penalty for an air carrier violating section
41716(a) with respect to a flight of an air carrier
shall be an amount determined by multiplying the
maximum amount of a civil penalty under paragraph
(1) by the number of passengers on the flight.
‘‘(8) MAXIMUM PENALTY FOR VIOLATIONS RE-
LATING TO EXPLANATIONS OF DELAYS, CANCELLA-
TIONS, AND
DIVERSIONS.—Notwithstanding para-
graph (1), the maximum civil penalty for an air car-
rier violating section 41716(b) with respect to a
flight of an air carrier shall be an amount deter-
mined by multiplying the maximum amount of a
civil penalty under paragraph (1) by the number of
passengers who paid for transportation on the
flight.’’.