complaint hotline (established under section 42302 
of title 49, United States Code), and to develop and 
implement a passenger claims arbitration system. 
Any complaint to the Department or the Transpor-
tation Security Administration shall be acknowl-
edged not later than 24 hours after submitting the 
complaint, the alleged offending agency shall re-
spond not later than 30 days after notification, and 
the passenger in question shall receive a response 
not later than 60 days after submitting the com-
plaint. 
(8) LOST, DAMAGED OR STOLEN BAGGAGE.— 
The Secretary shall require an air carrier and for-
eign air carrier to comply with the Uniform Un-
claimed Property Act, and provide that proceeds col-
lected from the sale of lost, unclaimed baggage be 
used to cover the cost of future baggage disputes. 
The Secretary shall also require that an air carrier 
and foreign air carrier offer excess value insurance 
for lost or damaged baggage. 
(9) NOTIFICATION OF RIGHTS AND FEES.—The 
Secretary shall require an air carrier and foreign air 
carrier to inform customers in plain language, in 
writing and in prominent locations on its website, of 
their rights, liabilities, and obligations under their 
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respective contract of carriage, including the re-
course available to them in the event of a cancella-
tion, delay, damaged baggage, and other potential 
difficulties. 
(10) RECIPROCITY.—The Secretary shall rein-
state the reciprocity rule (commonly known as Rule 
240) to affirm that a passenger on a flight that is 
cancelled or a flight delayed 3 or more hours may 
use the ticket on another airline with available seat-
ing to fly to the same or nearby destination. 
(11) STRENGTHENED TARMAC PROTECTIONS.— 
The Secretary shall fine an air carrier and foreign 
air carrier $1,000 per passenger for any violation of 
Federal policy with respect to tarmac delays, includ-
ing the requirements that an air carrier permit pas-
sengers to deplane after more than 3 hours spent on 
the tarmac, and that an air carrier provide adequate 
food, potable water, and operable lavatories to pas-
sengers 2 hours after the aircraft is delayed on the 
tarmac. 
(b) DEFINITIONS.—In this Act, the following defini-
tions apply: 
(1) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Transportation. 
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(2) 
FORCE
MAJEURE.—The 
term 
‘‘force 
majeure’’ means any event arising from causes be-
yond the control of the air carrier, including Acts of 
God (such as fire, severe weather, or natural disas-
ters), unanticipated acts of people (such as war or 
strike), and unforeseeable breakage or accident to 
aircraft or equipment. The term does not include to 
a lack of personnel, a lack of airworthy aircraft or 
supplies, increased cost or expense of operation 
(whether anticipated or unanticipated), or any other 
condition reasonably within the control of an air car-
rier or foreign air carrier. 
(c) AMENDMENT TO TITLE 49.— 
(1) AMENDMENT.—Chapter 401 of title 49, 
United States Code, is amended by adding at the 
end the following: 
‘‘§ 40131. Equipment and personnel reserves 
‘‘(a) RESERVE EQUIPMENT
AND STAFFING.—Not 
later than 180 days after the date of enactment of the 
Airline Passenger Protection Act of 2017, the Secretary 
of Transportation shall require an air carrier and foreign 
air carrier to develop and implement reserve staffing and 
equipment plans that optimize the carrier’s ability to pro-
vide quality service, defined as fewer than 2 percent of 
flights cancelled for causes reasonably within the control 
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of the carrier, and fewer than 15 percent of flights delayed 
for causes reasonably within the control of the carrier. 
‘‘(b) 
GUIDELINES
AND
REPORTING
REQUIRE-
MENTS.—Not later than 180 days after the date of enact-
ment of the Airline Passenger Protection Act of 2017, the 
Secretary shall establish guidelines for an air carrier and 
foreign air carrier to report cancellation and on-time per-
formance statistics to the FAA on an annual basis, begin-
ning 360 days after the date of enactment of this Act. 
‘‘(c) FAILURE TO COMPLY.—The Secretary shall fine 
an air carrier and foreign air carrier if the Secretary de-
termines that such air carrier or foreign air carrier fails 
to comply with the requirements of this section and such 
failure was caused by the carrier’s failure to develop, im-
plement, or abide by the terms of its reserve staffing and 
equipment plan.’’. 
(2) CLERICAL AMENDMENT.—The analysis of 
chapter 401 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘40131. Equipment and personnel reserves.’’. 
Æ 
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