I 
117TH CONGRESS 
2D SESSION 
H. R. 8698 
To eliminate the exemption of air carriers from the authority of the Federal 
Trade Commission and to prohibit certain unfair and deceptive acts 
and practices relating to air carrier delays, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 9, 2022 
Ms. SCHAKOWSKY (for herself and Mr. CICILLINE) introduced the following 
bill; which was referred to the Committee on Transportation and Infra-
structure, and in addition to the Committee on Energy and Commerce, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
A BILL 
To eliminate the exemption of air carriers from the authority 
of the Federal Trade Commission and to prohibit certain 
unfair and deceptive acts and practices relating to air 
carrier delays, 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 ‘‘Ensuring Friendly 
Skies for Passengers Act’’. 
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SEC. 2. ELIMINATION OF EXEMPTION OF AIR CARRIERS 
FROM AUTHORITY OF FTC. 
Section 5(a)(2) of the Federal Trade Commission Act 
(15 U.S.C. 45(a)(2)) is amended by striking ‘‘air carriers 
and foreign air carriers subject to the Federal Aviation 
Act of 1958,’’. 
SEC. 3. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RE-
LATING TO AIR CARRIER DELAYS. 
It shall be unlawful for an air carrier or foreign air 
carrier, with respect to passenger air transportation, to— 
(1) sell a ticket for air transportation on a 
flight of the air carrier or foreign air carrier if the 
air carrier or foreign air carrier knows or should 
know, at the time when the ticket is sold, that the 
air carrier or foreign air carrier will not have suffi-
cient staff to provide the ticketed air transportation; 
(2) cancel a flight during the 4-hour period pre-
ceding the scheduled departure time if the air car-
rier or foreign air carrier knew or should have 
known, 48 hours or more before the scheduled de-
parture time, that the air carrier or foreign air car-
rier would not have sufficient staff to provide the 
ticketed air transportation; or 
(3) delay a domestic flight for more than 4 
hours beyond the scheduled departure time or an 
international flight for more than 6 hours beyond 
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the scheduled departure time if the air carrier or 
foreign air carrier knew or should have known, 48 
hours or more before the scheduled departure time, 
that the air carrier or foreign air carrier would not 
have sufficient staff to provide an on-time departure. 
SEC. 4. ENFORCEMENT BY FTC. 
(a) IN GENERAL.—A violation of this Act or a regula-
tion promulgated under this Act shall be treated as a vio-
lation of a rule defining an unfair or deceptive act or prac-
tice under section 18(a)(1)(B) of the Federal Trade Com-
mission Act (15 U.S.C. 57a(a)(1)(B)). The Commission 
shall enforce this Act and the regulations promulgated 
under this Act in the same manner, by the same means, 
and with the same jurisdiction, powers, and duties as 
though all applicable terms and provisions of the Federal 
Trade Commission Act (15 U.S.C. 41 et seq.), as amended 
by section 1, were incorporated into and made a part of 
this Act. 
(b) PRIVILEGES AND IMMUNITIES.—Any person who 
violates this Act or a regulation promulgated under this 
Act shall be subject to the penalties and entitled to the 
privileges and immunities provided in the Federal Trade 
Commission Act (15 U.S.C. 41 et seq.). 
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(c) AUTHORITY PRESERVED.—Nothing in this Act 
may be construed to limit the authority of the Commission 
under any other provision of law. 
SEC. 5. ENFORCEMENT BY STATE ATTORNEYS GENERAL. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, in any case in which the attorney general or 
chief consumer protection officer of a State has reason to 
believe that an interest of the residents of such State has 
been, may be, or is adversely affected by a violation of 
this Act or a regulation promulgated under this Act, such 
attorney general or chief consumer protection officer may 
bring a civil action in the name of such State, or as parens 
patriae on behalf of the residents of such State, in an ap-
propriate district court of the United States to— 
(1) enjoin such violation; 
(2) enforce compliance with this Act or such 
regulation; 
(3) obtain damages, restitution, or other com-
pensation on behalf of the residents of such State; 
or 
(4) obtain reasonable attorneys’ fees and other 
litigation costs reasonably incurred. 
(b) RIGHTS OF COMMISSION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the attorney general or chief consumer 
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protection officer of a State shall notify the Commis-
sion in writing prior to initiating a civil action under 
subsection (a). Such notification shall include a copy 
of the complaint to be filed to initiate such action. 
Upon receiving such notification, the Commission 
may intervene in such action as a matter of right. 
(2) FEASIBILITY.—If the notification required 
by paragraph (1) is not feasible, the attorney gen-
eral or chief consumer protection officer shall notify 
the Commission immediately after initiating the civil 
action. 
(c) ACTIONS BY COMMISSION.—In any case in which 
a civil action is instituted by or on behalf of the Commis-
sion for violation of this Act or a regulation promulgated 
under this Act, no attorney general or chief consumer pro-
tection officer of a State may, during the pendency of such 
action, institute a civil action against any defendant 
named in the complaint in the action instituted by or on 
behalf of the Commission for a violation of this Act or 
a regulation promulgated under this Act that is alleged 
in such complaint, if such complaint alleges such violation 
affected the residents of such State or individuals nation-
wide. If a civil action is instituted by or on behalf of the 
Commission for a violation of this Act or a regulation pro-
mulgated under this Act that affects the interests of the 
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residents of a State, the attorney general or chief con-
sumer protection officer of such State may intervene in 
such action as a matter of right. 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to prevent the attorney general or 
chief consumer protection officer of a State from exer-
cising the powers conferred on such attorney general or 
chief consumer protection officer to conduct investiga-
tions, to administer oaths or affirmations, or to compel 
the attendance of witnesses or the production of documen-
tary or other evidence. 
SEC. 6. RULEMAKING. 
The Commission may promulgate regulations under 
section 553 of title 5, United States Code, to implement 
this Act. 
SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to the Com-
mission $20,000,000 for fiscal year 2023 to carry out this 
Act, and such amount is authorized to remain available 
until September 30, 2031. 
SEC. 8. DEFINITIONS. 
In this Act: 
(1) AIR
CARRIER
AND
RELATED
DEFINI-
TIONS.—The terms ‘‘air carrier’’, ‘‘air transpor-
tation’’, and ‘‘foreign air carrier’’ have the meanings 
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given such terms in section 40102(a) of title 49, 
United States Code. 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(3) STATE.—The term ‘‘State’’ means each 
State of the United States, the District of Columbia, 
and each commonwealth, territory, or possession of 
the United States. 
Æ 
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