I 
110TH CONGRESS 
2D SESSION 
H. R. 6355 
To amend title 49, United States Code, to provide for improvements in 
the quality of airline services, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 24, 2008 
Mr. OBERSTAR (for himself and Mr. COSTELLO) 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 for im-
provements in the quality of airline services, 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Air Service Improvement Act of 2008’’. 
(b) TABLE OF CONTENTS.— 
Sec. 1. Short title; table of contents. 
Sec. 2. Amendments to title 49, United States Code. 
TITLE I—AIR SERVICE IMPROVEMENTS 
Sec. 101. Monthly air carrier reports. 
Sec. 102. Air passenger service improvements. 
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Sec. 103. Review of air carrier flight delays, cancellations, and associated 
causes. 
Sec. 104. European Union rules for passenger rights. 
Sec. 105. Establishment of advisory committee for aviation consumer protec-
tion. 
Sec. 106. Denied boarding compensation. 
Sec. 107. Expansion of DOT airline consumer complaint investigations. 
TITLE II—FAA EMPLOYEES 
Sec. 201. Federal Aviation Administration personnel management system. 
SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE. 
Except as otherwise expressly provided, whenever in 
this Act an amendment or repeal is expressed in terms 
of an amendment to, or a repeal of, a section or other 
provision, the reference shall be considered to be made to 
a section or other provision of title 49, United States 
Code. 
TITLE I—AIR SERVICE 
IMPROVEMENTS 
SEC. 101. MONTHLY AIR CARRIER REPORTS. 
(a) IN GENERAL.—Section 41708 is amended by 
adding at the end the following: 
‘‘(c) DIVERTED AND CANCELLED FLIGHTS.— 
‘‘(1) MONTHLY REPORTS.—The Secretary shall 
require an air carrier referred to in paragraph (2) 
to file with the Secretary a monthly report on each 
flight of the air carrier that is diverted from its 
scheduled destination to another airport and each 
flight of the air carrier that departs the gate at the 
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airport at which the flight originates but is cancelled 
before wheels-off time. 
‘‘(2) APPLICABILITY.—An air carrier that is re-
quired to file a monthly airline service quality per-
formance report under subsection (b) shall be sub-
ject to the requirement of paragraph (1). 
‘‘(3) CONTENTS.—A monthly report filed by an 
air carrier under paragraph (1) shall include, at a 
minimum, the following information: 
‘‘(A) For a diverted flight— 
‘‘(i) the flight number of the diverted 
flight; 
‘‘(ii) the scheduled destination of the 
flight; 
‘‘(iii) the date and time of the flight; 
‘‘(iv) the airport to which the flight 
was diverted; 
‘‘(v) wheels-on time at the diverted 
airport; 
‘‘(vi) the time, if any, passengers 
deplaned the aircraft at the diverted air-
port; and 
‘‘(vii) if the flight arrives at the sched-
uled destination airport— 
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‘‘(I) the gate-departure time at 
the diverted airport; 
‘‘(II) the wheels-off time at the 
diverted airport; 
‘‘(III) the wheels-on time at the 
scheduled arrival airport; and 
‘‘(IV) the gate arrival time at the 
scheduled arrival airport. 
‘‘(B) For flights cancelled after gate de-
parture— 
‘‘(i) the flight number of the cancelled 
flight; 
‘‘(ii) the scheduled origin and destina-
tion airports of the cancelled flight; 
‘‘(iii) the date and time of the can-
celled flight; 
‘‘(iv) the gate-departure time of the 
cancelled flight; and 
‘‘(v) the time the aircraft returned to 
the gate. 
‘‘(4) PUBLICATION.—The Secretary shall com-
pile the information provided in the monthly reports 
filed pursuant to paragraph (1) in a single monthly 
report and publish such report on the Web site of 
the Department of Transportation.’’. 
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(b) EFFECTIVE DATE.—The Secretary of Transpor-
tation shall require monthly reports pursuant to the 
amendment made by subsection (a) beginning not later 
than 90 days after the date of enactment of this Act. 
SEC. 102. AIR PASSENGER SERVICE IMPROVEMENTS. 
(a) IN GENERAL.—Subtitle VII is amended by insert-
ing after chapter 421 the following: 
‘‘CHAPTER 423—AIR PASSENGER SERVICE 
IMPROVEMENTS 
‘‘Sec. 
‘‘42301. Emergency contingency plans. 
‘‘42302. Consumer complaints. 
‘‘42303. Use of insecticides in passenger aircraft. 
‘‘§ 42301. Emergency contingency plans 
‘‘(a) SUBMISSION OF AIR CARRIER AND AIRPORT 
PLANS.—Not later than 90 days after the date of enact-
ment of this section, each air carrier providing covered air 
transportation at a large hub airport or medium hub air-
port and each operator of a large hub airport or medium 
hub airport shall submit to the Secretary of Transpor-
tation for review and approval an emergency contingency 
plan in accordance with the requirements of this section. 
‘‘(b) COVERED AIR TRANSPORTATION DEFINED.—In 
this section, the term ‘covered air transportation’ means 
scheduled passenger air transportation provided by an air 
carrier using aircraft with more than 60 seats. 
‘‘(c) AIR CARRIER PLANS.— 
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‘‘(1) PLANS
FOR
INDIVIDUAL
AIRPORTS.—An 
air carrier shall submit an emergency contingency 
plan under subsection (a) for— 
‘‘(A) each large hub airport and medium 
hub airport at which the carrier provides cov-
ered air transportation; and 
‘‘(B) each large hub airport and medium 
hub airport at which the carrier has flights for 
which it has primary responsibility for inventory 
control. 
‘‘(2) CONTENTS.—An emergency contingency 
plan submitted by an air carrier for an airport under 
subsection (a) shall contain a description of how the 
air carrier will— 
‘‘(A) provide food, water that meets the 
standards of the Safe Drinking Water Act (42 
U.S.C. 300f et seq.), restroom facilities, cabin 
ventilation, and access to medical treatment for 
passengers onboard an aircraft at the airport 
that is on the ground for an extended period of 
time without access to the terminal; 
‘‘(B) allow passengers to deplane following 
excessive delays; and 
‘‘(C) share facilities and make gates avail-
able at the airport in an emergency. 
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‘‘(d) AIRPORT PLANS.—An emergency contingency 
plan submitted by an airport operator under subsection 
(a) shall contain a description of how the airport operator, 
to the maximum extent practicable, will provide for the 
deplanement of passengers following excessive delays and 
will provide for the sharing of facilities and make gates 
available at the airport in an emergency. 
‘‘(e) UPDATES.— 
‘‘(1) AIR CARRIERS.—An air carrier shall up-
date the emergency contingency plan submitted by 
the air carrier under subsection (a) every 3 years 
and submit the update to the Secretary for review 
and approval. 
‘‘(2) AIRPORTS.—An airport operator shall up-
date the emergency contingency plan submitted by 
the airport operator under subsection (a) every 5 
years and submit the update to the Secretary for re-
view and approval. 
‘‘(f) APPROVAL.— 
‘‘(1) IN GENERAL.—Not later than 9 months 
after the date of enactment of this section, the Sec-
retary shall review and approve or require modifica-
tions to emergency contingency plans submitted 
under subsection (a) and updates submitted under 
subsection (e) to ensure that the plans and updates 
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will effectively address emergencies and provide for 
the health and safety of passengers. 
‘‘(2) CIVIL PENALTIES.—The Secretary may as-
sess a civil penalty under section 46301 against an 
air carrier or airport that does not adhere to an 
emergency contingency plan approved under this 
subsection. 
‘‘(g) MINIMUM STANDARDS.—The Secretary may es-
tablish, as necessary or desirable, minimum standards for 
elements in an emergency contingency plan required to be 
submitted under this section. 
‘‘(h) PUBLIC ACCESS.—An air carrier or airport re-
quired to submit emergency contingency plans under this 
section shall ensure public access to such plan after its 
approval under this section on the Internet Web site of 
the carrier or airport or by such other means as deter-
mined by the Secretary. 
‘‘§ 42302. Consumer complaints 
‘‘(a) CONSUMER COMPLAINTS HOTLINE TELEPHONE 
NUMBER.—The Secretary of Transportation shall estab-
lish a consumer complaints hotline telephone number for 
the use of passengers in air transportation. 
‘‘(b) PUBLIC NOTICE.—The Secretary shall notify 
the public of the telephone number established under sub-
section (a). 
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‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section. Such sums shall re-
main available until expended. 
‘‘§ 42303. Use of insecticides in passenger aircraft 
‘‘No air carrier, foreign air carrier, or ticket agent 
may sell in the United States a ticket for air transpor-
tation for a flight on which a insecticide has been applied 
in the aircraft within the last 60 days or on which an in-
secticide is planned to be used in the aircraft while pas-
sengers are on board the aircraft unless the air carrier, 
foreign air carrier, or ticket agent selling the ticket first 
informs the person purchasing the ticket of the applica-
tion, application, or planned use of the insecticide, includ-
ing the name of the insecticide.’’. 
(b) CLERICAL AMENDMENT.—The analysis for sub-
title VII is amended by inserting after the item relating 
to chapter 421 the following: 
‘‘423. Air Passenger Service Improvements ............................................. 42301’’. 
(c) PENALTIES.—Section 46301 is amended in sub-
sections (a)(1)(A) and (c)(1)(A) by inserting ‘‘chapter 
423,’’ after ‘‘chapter 421,’’. 
(d) APPLICABILITY OF REQUIREMENTS.—Except as 
otherwise specifically provided, the requirements of chap-
ter 423 of title 49, United States Code, as added by this 
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section, shall begin to apply 60 days after the date of en-
actment of this Act. 
SEC. 103. REVIEW OF AIR CARRIER FLIGHT DELAYS, CAN-
CELLATIONS, AND ASSOCIATED CAUSES. 
(a) REVIEW.—The Inspector General of the Depart-
ment of Transportation shall conduct a review regarding 
air carrier flight delays, cancellations, and associated 
causes to update its 2000 report numbered CR–2000–112 
and entitled ‘‘Audit of Air Carrier Flight Delays and Can-
cellations’’. 
(b) ASSESSMENTS.—In conducting the review under 
subsection (a), the Inspector General shall assess— 
(1) the need for an update on delay and can-
cellation statistics, such as number of chronically de-
layed flights and taxi-in and taxi-out times; 
(2) air carriers’ scheduling practices; 
(3) the need for a re-examination of capacity 
benchmarks at the Nation’s busiest airports; and 
(4) the impact of flight delays and cancellations 
on air travelers, including recommendations for pro-
grams that could be implemented to address the im-
pact of flight delays on air travelers. 
(c) REPORT.—Not later than one year after the date 
of enactment of this Act, the Inspector General shall sub-
mit to the Committee on Transportation and Infrastruc-
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ture of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate 
a report on the results of the review conducted under this 
section, including the assessments described in subsection 
(b). 
SEC. 104. EUROPEAN UNION RULES FOR PASSENGER 
RIGHTS. 
(a) IN GENERAL.—The Comptroller General shall 
conduct a study to evaluate and compare the regulations 
of the European Union and the United States on com-
pensation and other consideration offered to passengers 
who are denied boarding or whose flights are cancelled or 
delayed. 
(b) SPECIFIC STUDY REQUIREMENTS.—The study 
shall include an evaluation and comparison of the regula-
tions based on costs to the air carriers, preferences of pas-
sengers for compensation or other consideration, and 
forms of compensation. In conducting the study, the 
Comptroller General shall also take into account the dif-
ferences in structure and size of the aviation systems of 
the European Union and the United States. 
(c) REPORT.—Not later than one year after the date 
of enactment of this Act, the Comptroller General shall 
submit a report to Congress on the results of the study. 
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SEC. 105. ESTABLISHMENT OF ADVISORY COMMITTEE FOR 
AVIATION CONSUMER PROTECTION. 
(a) IN GENERAL.—The Secretary of Transportation 
shall establish an advisory committee for aviation con-
sumer protection (in this section referred to as the ‘‘advi-
sory committee’’) to advise the Secretary in carrying out 
air passenger service improvements, including those re-
quired by chapter 423 of title 49, United States Code. 
(b) MEMBERSHIP.—The Secretary shall appoint 8 
members to the advisory committee as follows: 
(1) Two representatives of air carriers required 
to submit emergency contingency plans pursuant to 
section 42301 of title 49, United States Code. 
(2) Two representatives of the airport operators 
required to submit emergency contingency plans pur-
suant to section 42301 of such title. 
(3) Two representatives of State and local gov-
ernments who have expertise in aviation consumer 
protection matters. 
(4) Two representatives of nonprofit public in-
terest groups who have expertise in aviation con-
sumer protection matters. 
(c) VACANCIES.—A vacancy in the advisory com-
mittee shall be filled in the manner in which the original 
appointment was made. 
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(d) TRAVEL EXPENSES.—Members of the advisory 
committee shall serve without pay but shall receive travel 
expenses, including per diem in lieu of subsistence, in ac-
cordance with subchapter I of chapter 57 of title 5, United 
States Code. 
(e) CHAIRPERSON.—The Secretary shall designate, 
from among the individuals appointed under subsection 
(b), an individual to serve as chairperson of the advisory 
committee. 
(f) DUTIES.—The duties of the advisory committee 
shall include the following: 
(1) Evaluating existing aviation consumer pro-
tection programs and providing recommendations for 
the improvement of such programs, if needed. 
(2) Providing recommendations to establish ad-
ditional aviation consumer protection programs, if 
needed. 
(g) REPORT.—Not later than February 1 of each of 
the first 2 calendar years beginning after the date of en-
actment of this Act, the Secretary shall transmit to Con-
gress a report containing— 
(1) each recommendation made by the advisory 
committee during the preceding calendar year; and 
(2) an explanation of how the Secretary has im-
plemented each recommendation and, for each rec-
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ommendation not implemented, the Secretary’s rea-
son for not implementing the recommendation. 
SEC. 106. DENIED BOARDING COMPENSATION. 
(a) IN GENERAL.—Not later than one year after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall issue a final regulation to modify section 250 
of title 14, Code of Federal Regulations, regarding denied 
boarding compensation, to appropriately adjust the 
amount of such compensation for an aircraft with 30 or 
more seats. 
(b) EVALUATION.—Not later than 2 years after the 
date of issuance of the final regulation under this section 
and every 2 years thereafter, the Secretary shall evaluate 
the amount provided for denied boarding compensation 
and issue a regulation to adjust such compensation as nec-
essary. 
SEC. 107. EXPANSION OF DOT AIRLINE CONSUMER COM-
PLAINT INVESTIGATIONS. 
(a) IN GENERAL.—Subject to the availability of ap-
propriations, the Secretary of Transportation shall inves-
tigate consumer complaints regarding— 
(1) flight cancellations; 
(2) compliance with Federal regulations con-
cerning overbooking seats flights; 
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(3) lost, damaged, or delayed baggage, and dif-
ficulties with related airline claims procedures; 
(4) problems in obtaining refunds for unused or 
lost tickets or fare adjustments; 
(5) incorrect or incomplete information about 
fares, discount fare conditions and availability, over-
charges, and fare increases; 
(6) the rights of passengers who hold frequent 
flier miles or equivalent redeemable awards earned 
through customer-loyalty programs; and 
(7) deceptive or misleading advertising. 
(b) BUDGET NEEDS REPORT.—The Secretary shall 
provide, as an annex to its annual budget request, an esti-
mate of resources which would have been sufficient to in-
vestigate all such claims the Department of Transpor-
tation received in the previous fiscal year. The annex shall 
be transmitted to Congress when the President submits 
the budget of the United States to the Congress under 
section 1105 of title 31, United States Code. 
TITLE II—FAA EMPLOYEES 
SEC. 
201. 
FEDERAL 
AVIATION 
ADMINISTRATION 
PER-
SONNEL MANAGEMENT SYSTEM. 
(a) DISPUTE RESOLUTION.—Section 40122(a) is 
amended— 
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(1) by redesignating paragraphs (3) and (4) as 
paragraphs (5) and (6), respectively; and 
(2) by striking paragraph (2) and inserting the 
following: 
‘‘(2) DISPUTE RESOLUTION.— 
‘‘(A) MEDIATION.—If the Administrator 
does not reach an agreement under paragraph 
(1) or the provisions referred to in subsection 
(g)(2)(C) with the exclusive bargaining rep-
resentative of the employees, the Administrator 
and the bargaining representative— 
‘‘(i) shall use the services of the Fed-
eral Mediation and Conciliation Service to 
attempt to reach such agreement in ac-
cordance with part 1425 of title 29, Code 
of Federal Regulations (as in effect on the 
date of enactment of this clause); or 
‘‘(ii) may by mutual agreement adopt 
alternative procedures for the resolution of 
disputes or impasses arising in the negotia-
tion of the collective-bargaining agreement. 
‘‘(B) BINDING ARBITRATION.— 
‘‘(i) 
ASSISTANCE
FROM
FEDERAL 
SERVICE IMPASSES PANEL.—If the services 
of the Federal Mediation and Conciliation 
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