I
107TH CONGRESS
1ST SESSION
H. R. 1734
To amend title 49, United States Code, to establish consumer protections
for airline passengers, to promote air carrier competition, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 3, 2001
Mr. SWEENEY (for himself, Mr. DINGELL, Mr. CROWLEY, Ms. LEE, Mr.
DEFAZIO, Mr. MCHUGH, Mr. FRANK, Mr. GILMAN, Mr. MCNULTY, Mr.
MOORE, Ms. SLAUGHTER, Mrs. KELLY, Ms. DELAURO, Mr. LAFALCE,
Mr. ENGLISH, Mr. BALDACCI, Mr. TERRY, Mr. NEY, Mr. UDALL of Colo-
rado, Mr. NADLER, Mr. HINCHEY, Mr. KANJORSKI, Mrs. LOWEY, Mr.
LARSON of Connecticut, Mr. FILNER, and Mrs. MINK of Hawaii) intro-
duced the following bill; which was referred to the Committee on Trans-
portation and Infrastructure
A BILL
To amend title 49, United States Code, to establish consumer
protections for airline passengers, to promote air carrier
competition, 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
‘‘Airline Passenger Bill of Rights Act’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
TITLE I—AIRLINE PASSENGER PROTECTION
Sec. 101. Fair treatment of airline passengers.
Sec. 102. Clarification regarding enforcement of State laws.
Sec. 103. Airline passenger protection.
TITLE II—AIR CARRIER COMPETITION
Sec. 201. Consideration of unfair practices in issuance of certificates for foreign
air transportation.
Sec. 202. Unfair methods of competition.
Sec. 203. Approval of slot transfers.
Sec. 204. Joint venture agreements between air carriers.
Sec. 205. Competitive access to gates, facilities, and other assets.
Sec. 206. Review of dominant air carrier activities.
Sec. 207. Internet airline reservation systems.
Sec. 208. Federal policies on slots at high density airports.
Sec. 209. Definitions of delayed flight and chronically delayed flight.
SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise specifically provided, whenever in
this Act an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion of law, the reference shall be considered to be made
to a section or other provision of title 49, United States
Code.
TITLE I—AIRLINE PASSENGER
PROTECTION
SEC. 101. FAIR TREATMENT OF AIRLINE PASSENGERS.
Section 41712 is amended by adding at the end the
following:
‘‘(c) SPECIFIC PRACTICES.—For purposes of sub-
section (a), the terms ‘unfair or deceptive practice’ and
‘unfair method of competition’ include each of the fol-
lowing:
‘‘(1) ACCESS
TO
FARES; CONSISTENTLY
DE-
LAYED FLIGHTS.—Regardless of the method used by
a consumer to contact an air carrier or foreign air
carrier, the failure of the carrier—
‘‘(A) to provide full access to all fares for
air transportation provided by the air carrier or
foreign air carrier; or
‘‘(B) to disclose, without being requested,
the on-time performance and cancellation rate
for a chronically delayed or chronically canceled
flight whenever a customer makes a reservation
or purchases a ticket on such a flight.
‘‘(2) PRICING POLICIES.—Any action of an air
carrier or foreign air carrier—
‘‘(A) to prohibit a person (including a gov-
ernmental entity) that purchases air transpor-
tation 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); or
‘‘(B) to assess an additional fee on or
charge to—
‘‘(i) such a person; or
‘‘(ii) any ticket agent that sold the air
transportation to such person.
‘‘(3) TERMINATION
OF
TICKET
AGENTS.—In
the case of a termination, cancellation, nonrenewal,
or substantial change in the competitive cir-
cumstances of the appointment of a ticket agent by
an air carrier or foreign air carrier, the failure of
the air carrier or foreign air carrier—
‘‘(A) to provide the ticket agent with writ-
ten notice, and a full statement of reasons for
the action, on or before the 90th day preceding
the action; and
‘‘(B) to provide the ticket agent with at
least 60 days to correct any deficiency claimed
in the written notice,
except in cases of insolvency, an assignment for the
benefit of creditors, bankruptcy, or nonpayment of
sums due under the appointment.
‘‘(4) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply:
‘‘(A) CHRONICALLY
DELAYED
FLIGHT.—
The term ‘chronically delayed flight’ means a
regularly scheduled flight that has failed to ar-
rive on time (as defined in section 234.2 of title
14, Code of Federal Regulations) at least 40
percent of the time during the most recent 3-
month period for which data is available.
‘‘(B) CHRONICALLY CANCELED FLIGHT.—
The term ‘chronically canceled flight’ means a
regularly scheduled flight at least 30 percent of
the departures of which have been canceled dur-
ing the most recent 3-month period for which
data is available.’’.
SEC. 102. CLARIFICATION REGARDING ENFORCEMENT OF
STATE LAWS.
Section 41713(b)(1) is amended by striking ‘‘related
to a price, route, or service of an air carrier that may pro-
vide air transportation under this subpart’’ and inserting
‘‘that directly prescribes a price, route, or level of service
for air transportation provided by an air carrier under this
subpart’’.
SEC. 103. AIRLINE PASSENGER PROTECTION.
(a) IN GENERAL.—Subchapter I of chapter 417 is
amended by adding at the end the following:
‘‘§ 41722. Air carrier passenger protection
‘‘(a) EMERGENCY PLANS.—
‘‘(1) IN GENERAL.—An air carrier shall ensure
access to necessary services and conditions, including
food, water, restroom facilities, and the ability to
deplane in the event of a weather or other emer-
gency, for all passengers boarded on a flight seg-
ment of the air carrier in air transportation.
‘‘(2) SUBMITTAL OF PLANS.—The Secretary of
Transportation shall require, not later than the
180th day following the date of enactment of this
section, each air carrier to submit to the Secretary
an emergency plan containing a description of ac-
tions that will be taken by the carrier to comply with
paragraph (1).
‘‘(3) GUIDANCE.—Not later than 90 days after
the date of enactment of this section, the Secretary
shall issue guidance on what the Secretary deter-
mines is necessary to meet the requirements of para-
graph (2).
‘‘(b) RIGHT TO EXIT AIRCRAFT.—No air carrier op-
erating an aircraft in air transportation shall prevent or
hinder (including by failing to assist) any passenger from
exiting the aircraft (under the same circumstances as any
member of the flight crew is permitted to exit the aircraft)
if—
‘‘(1) the aircraft is parked at an airport ter-
minal gate with access to ramp or other facilities
through which passengers are customarily boarded
and deplaned;
‘‘(2) the aircraft has remained at the gate more
than 1 hour past its scheduled departure time; and
‘‘(3) the captain of the aircraft has not been in-
formed by air traffic control authorities that the air-
craft can be cleared for departure within 30 min-
utes.
‘‘(c) DELAY, CANCELLATION, OR DIVERSION.—
‘‘(1) EXPLANATION REQUIRED.—An announce-
ment by an air carrier of (A) a delay or cancellation
of a flight segment, or (B) a diversion of a flight
segment to an airport other than the airport at
which the flight segment is scheduled to land, shall
include an explanation of the reason or reasons for
the delay, cancellation, or diversion.
‘‘(2) PROHIBITION ON FALSE EXPLANATIONS.—
No air carrier shall provide an explanation under
paragraph (1) that the air carrier knows or has rea-
son to know is false.
‘‘(3) TIMELINESS OF INFORMATION.—
‘‘(A) IN GENERAL.—An air carrier shall
provide a passenger with timely notice of a
delay or cancellation of the flight segment.
‘‘(B) INFORMATION
MONITORS
AT
AIR-
PORTS.—In complying with subparagraph (A),
an air carrier shall ensure that information
monitors at the airport concerned display timely
and accurate arrival and departure information.
‘‘(C) ADVANCE NOTICE OF DELAYS AND
CANCELLATIONS.—In complying with subpara-
graph (A), an air carrier, whenever practicable,
shall attempt to provide a passenger with notice
of a delay or cancellation of a flight segment
before the passenger departs for the airport.
‘‘(4) GUIDANCE.—Not later than 1 year after
the date of enactment of this section, the Secretary
shall issue guidance to assist air carriers in carrying
out this subsection.
‘‘(d) OVERBOOKING.—
‘‘(1) COMPENSATION.—In addition to com-
pensation required on the date of enactment of this
subsection under part 250 of title 14, Code of Fed-
eral Regulations, an air carrier shall provide, at a
minimum, to a passenger who is denied boarding in-
voluntarily from an oversold flight segment in air
transportation on which the passenger has confirmed
reserved space—
‘‘(A) alternate transportation to the pas-
senger’s final destination;
‘‘(B) reasonable and immediate compensa-
tion for food; and
‘‘(C) if the scheduled departure time of the
alternate transportation is not within the same
day as the passenger’s originally scheduled de-
parture time, reasonable and immediate com-
pensation for hotel costs.
‘‘(2) CHECK IN TIME.—A passenger shall be eli-
gible for involuntary denied boarding compensation
under this section and applicable regulations of the
Department of Transportation with respect to a
flight segment of an air carrier if the passenger
checks in for the flight segment at the appropriate
airport gate at any time before the door of the air-
craft for the flight segment is closed at the airport
gate.
‘‘(3) REGULATIONS.—Not later than 90 days
after the date of enactment of this section, the Sec-
retary shall modify regulations contained in part 250
of title 14, Code of Federal Regulations, to conform
with the requirements of this subsection and to im-
plement the recommendations contained in the De-
partment of Transportation Inspector General’s
Final Report entitled ‘Airlines Commitment to Cus-
tomer Service’.’’.
(b) CONFORMING AMENDMENT.—The analysis for
subchapter I of chapter 417 is amended by adding at the
end the following:
‘‘41722. Air carrier passenger protection.’’.
(c) PASSENGER RIGHTS PUBLICATION.—Not later
than 180 days after the date of enactment of this Act,
the Secretary shall, by rule—
(1) issue a statement that outlines consumer
rights of air passengers, including each of the rights
specified in section 41722 of title 49, United States
Code, as added by this section; and
(2) requires an air carrier to provide the state-
ment to each passenger of the carrier, by con-
spicuous written material included—
(A) on a safety placard given to the pas-
senger on board an aircraft;
(B) on information available to the pas-
senger at each ticket counter of the air carrier;
and
(C) on or with the passenger’s ticket if
practicable.
TITLE II—AIR CARRIER
COMPETITION
SEC. 201. CONSIDERATION OF UNFAIR PRACTICES IN
ISSUANCE OF CERTIFICATES FOR FOREIGN
AIR TRANSPORTATION.
Section 41102(d) is amended—
(1) by striking ‘‘The Secretary’’ and inserting
the following:
‘‘(1) SUBMISSION
OF
DECISIONS
TO
PRESI-
DENT.—The Secretary’’;
(2) by adding at the end the following:
‘‘(2) CONSIDERATION OF UNFAIR PRACTICES.—
Before issuing a certificate under subsection (a) au-
thorizing an air carrier to provide foreign air trans-
portation, the Secretary shall consider whether the
air carrier has engaged in any unfair or deceptive
practice or unfair method of competition in air
transportation or the sale of air transportation in
the preceding 5-year period.’’; and
(3) by aligning paragraph (1) (as designated by
paragraph (1) of this section) with paragraph (2)
(as added by paragraph (2) of this section).
SEC. 202. UNFAIR METHODS OF COMPETITION.
(a) CODE SHARE AGREEMENTS.—Section 41712 is
amended by adding at the end the following:
‘‘(d) CODE SHARE AGREEMENTS.—
‘‘(1) IN GENERAL.—It shall be an unfair meth-
od of competition under subsection (a) for a major
air carrier—
‘‘(A) to prohibit, limit, or otherwise restrict
a code share partner of the major air carrier
from entering into a code share agreement with
another air carrier or foreign air carrier;
‘‘(B) to fail to utilize gates, facilities, and
other assets fully at that airport; and
‘‘(C) to refuse, deny, or fail to provide a
gate, facility, or other asset at such an airport
that is underutilized by it, or that will not be
fully utilized by it within 1 year, to another car-
rier on fair, reasonable, and nondiscriminatory
terms upon request of the airport, the other air
carrier, or the Secretary.
‘‘(2) DEFINITIONS.—In this section, the fol-
lowing definitions apply:
‘‘(A) CODE
SHARE
AGREEMENT.—The
term ‘code share agreement’ means an agree-
ment under which an air carrier’s designator
code is used to identify a flight operated by an-
other air carrier or foreign air carrier.
‘‘(B) CODE SHARE PARTNER.—The term
‘code share partner’, with respect to a major air
carrier, means an air carrier or foreign air car-
rier that has entered into a code share agree-
ment with the major air carrier.
‘‘(C) MAJOR
AIR
CARRIER.—The term
‘major air carrier’ has the meaning given such
term in section 41720(a).
‘‘(D) ASSET.—The term ‘asset’ includes
slots (as defined in section 41714(h)(4)) and
slot exemptions (within the meaning of section
41714(a)(2)).’’.
(b) PENALTIES.—Section 46301(a) is amended by
adding at the end the following:
‘‘(8) MAXIMUM PENALTY FOR ENGAGING IN UN-
FAIR METHODS OF COMPETITION.—Notwithstanding
paragraph (1), the maximum civil penalty that may
be assessed against an air carrier for violating sec-
tion 41712 by engaging, with respect to air trans-
portation on any route, in an unfair method of com-
petition against another air carrier shall be
$10,000.’’.
SEC. 203. APPROVAL OF SLOT TRANSFERS.
Section 41714 is amended by adding at the end the
following:
‘‘(l) SLOT TRANSFERS.—
‘‘(1) APPROVAL REQUIRED.—After the date of
enactment of this subsection, an air carrier may
transfer a slot to another air carrier only if the
transfer is approved by the Secretary.
‘‘(2) CONSIDERATIONS.—In determining wheth-
er to approve the transfer of a slot under paragraph
(1), the Secretary shall consider—
‘‘(A) the competitive effects of the trans-
fer;
‘‘(B) whether the price to be paid for the
slot is above or below the market price for simi-
lar slots; and
‘‘(C) whether any air carrier was denied an
opportunity to purchase the slot and, if so, the
reasons for the denial.
‘‘(3) ANNUAL REPORTS.—Not later than 1 year
after the date of enactment of this subsection, and
annually thereafter, the Secretary shall transmit to
Congress a report on the approval and disapproval
of slot transfers under this subsection.’’.
SEC. 204. JOINT VENTURE AGREEMENTS BETWEEN AIR
CARRIERS.
Section 41720 is amended by adding at the end the
following:
‘‘(i) STUDIES OF JOINT VENTURE AGREEMENTS.—
‘‘(1) STUDY OF COMPETITION.—
‘‘(A) IN
GENERAL.—The Secretary shall
conduct a study of joint venture agreements be-
tween air carriers to determine whether such
agreements constitute an unfair method of com-
petition within the meaning of section 41712.
‘‘(B) 
CONTENTS.—In 
conducting 
the
study, the Secretary shall assess—
‘‘(i) whether code share agreements
unreasonably impair competition between
code share partners;
‘‘(ii) whether joint venture agreements
between air carriers result in unfair com-
petitive advantages; and
‘‘(iii) such other factors as the Sec-
retary determines appropriate.
‘‘(2) STUDY OF SCHEDULING PRACTICES.—The
Secretary shall conduct a study of air carrier sched-
uling practices for the purpose of making rec-
ommendations to Congress on improving air carrier
scheduling in order to reduce flight delays.
‘‘(3) REPORTS.—
‘‘(A) INITIAL REPORT.—Not later than 9
months after the date of enactment of this sub-
section, the Secretary shall transmit to Con-
gress a report on the results of each study con-
ducted under this subsection.
‘‘(B) UPDATES.—The Secretary shall up-
date the study conducted under paragraph (1)
every 4 years and transmit an updated report
to Congress.’’.
SEC. 205. COMPETITIVE ACCESS TO GATES, FACILITIES,
AND OTHER ASSETS.
(a) IN GENERAL.—Subchapter I of chapter 417 is
further amended by adding at the end the following:
‘‘§41723. Competitive access to gates, facilities, and
other assets
‘‘(a) DOT REVIEW
OF GATES, FACILITIES, AND
OTHER ASSETS.—Within 90 days after the date of the
enactment of this section, the Secretary of Transportation
shall investigate the assignment and usage of gates, facili-
ties, and other assets by major air carriers at the largest
35 airports in the United States in terms of air passenger
traffic. The investigation shall include an assessment of—
‘‘(1) whether, and to what extent, gates, facili-
ties, and other assets are being fully utilized by
major air carriers at those airports;
‘‘(2) whether gates, facilities, and other assets
are available for competitive access to enhance com-
petition; and
‘‘(3) whether the reassignment of gates, facili-
ties, and other assets to, or other means of increas-
ing access to gates, facilities, and other assets for,
air carriers (other than dominant air carriers) would
improve competition among air carriers at any such
airport or provide other benefits to the flying public
without compromising safety or creating scheduling,
efficiency, or other problems at airports providing
service to or from those airports.
‘‘(b) AUTHORITY OF SECRETARY TO MAKE GATES,
FACILITIES, AND OTHER ASSETS AVAILABLE.—The Sec-
retary shall require a major air carrier, upon application
by another air carrier or on the Secretary’s own motion
to make gates, facilities, and other assets available to
other air carriers on terms that are fair, reasonable, and
nondiscriminatory to ensure competitive access to those
airports if the Secretary determines, on the basis of the
investigation conducted under subsection (a), that such
gates, facilities, and other assets are not available and that
competition would be enhanced thereby at those airports.
‘‘(c) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) DOMINANT AIR CARRIER.—The term ‘dom-
inant air carrier’ means an air carrier that accounts
for more than 50 percent of the enplaned passengers
at an airport.
‘‘(2) MAJOR AIR CARRIER.—The term ‘major
air carrier’ means an air carrier certificated under
section 41102 that accounted for at least 1 percent
of domestic scheduled-passenger revenues in the 12
months ending March 31 of each year, as reported
to the Department of Transportation pursuant to
part 241 of title 14, Code of Federal Regulations,
and identified as a reporting carrier periodically in
accounting and reporting directives issued by the Of-
fice of Airline Information.
‘‘(3) ASSET.—The term ‘asset’ includes slots
(as defined in section 41714(h)(4)) and slot exemp-
tions (within the meaning of section 41714(a)(2)).’’.
(b) CONFORMING AMENDMENT.—The analysis for
subchapter I of chapter 417 is further amended by adding
at the end the following:
‘‘41723. Competitive access to gates, facilities, and other assets.’’.
SEC. 206. REVIEW OF DOMINANT AIR CARRIER ACTIVITIES.
(a) IN GENERAL.—Subchapter I of chapter 417 is
further amended by adding at the end the following:
‘‘§ 41724. Review of dominant air carriers activities
‘‘(a) INVESTIGATIONS.—Not later than 90 days after
the date of enactment of this section, and biennially there-
after, the Secretary of Transportation shall conduct an in-
vestigation of each hub airport to determine whether, in
the preceding 5 years, a dominant air carrier at the air-
port, if any, has—
‘‘(1) charged higher than average fares for
interstate air transportation to or from the airport;
‘‘(2) engaged in an unfair method of competi-
tion in response to a new entrant air carrier at the
airport; or
‘‘(3) limited competition by a new entrant air
carrier at the airport by restricting the access of the
new entrant to gates, slots, or other essential facili-
ties at the airport on reasonable and competitive
terms.
‘‘(b) ACTION.—If the Secretary determines that a
dominant air carrier at a hub airport has engaged in an
act described in subsection (a), the Secretary, after pro-
viding notice and an opportunity for a hearing, shall take
such action as may be necessary to increase opportunities
for competition at the airport and to report to Congress
on the action taken.
‘‘(c) NON-HUB AIRPORTS.—On the initiative of the
Secretary or in response to a complaint filed with the Sec-
retary, the Secretary may conduct an inquiry described in
subsection (a) at an airport other than a hub airport and
may order the dominant air carrier at the airport, if any,
to take such action as may be necessary to increase oppor-
tunities for competition at the airport and to report to
Congress on the action taken.
‘‘(d) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) AIR
TRANSPORTATION.—The term ‘air
transportation’ includes intrastate air transpor-
tation.
‘‘(2) DOMINANT AIR CARRIER.—The term ‘dom-
inant air carrier’, as used with respect to an airport,
means an air carrier that accounts for more than 40
percent of the total annual boardings at the airport
in the preceding 2-year period or a shorter period
specified in paragraph (4).
‘‘(3) HUB AIRPORT.—The term ‘hub airport’
means an airport that each year has at least .25
percent of the total annual boardings in the United
States.
‘‘(4) NEW ENTRANT AIR CARRIER.—The term
‘new entrant air carrier’, as used with respect to a
airport, means an air carrier that accounts for less
than 10 percent of the total annual boardings at the
airport in the preceding 2-year period or in a shorter
period specified by the Secretary if the carrier has
operated at the airport less than 2 years.’’.
(b) CONFORMING AMENDMENT.—The analysis for
subchapter I of chapter 417 is further amended by adding
at the end the following:
‘‘41724. Review of dominant air carriers activities.’’.
SEC. 207. INTERNET AIRLINE RESERVATION SYSTEMS.
(a) STUDY.—The Comptroller General shall conduct
a study on how air carrier competition would be affected
by the establishment of an airline reservation system on
the Internet by a group of major air carriers.
(b) CONTENTS.—The study shall include an analysis
of how an airline reservation system described in sub-
section (a) would affect the method by which consumers
purchase tickets for air transportation, including the ef-
fects of such a system on ticket agents.
(c) REPORTS.—Not later than 9 months after the
date of enactment of this Act, the Comptroller General
shall transmit to Congress a report on the results of the
study.
SEC. 208. FEDERAL POLICIES ON SLOTS AT HIGH DENSITY
AIRPORTS.
(a) STUDY.—The Comptroller General shall conduct
a study on current and evolving Federal policies on slots
at high density airports.
(b) CONTENTS.—In conducting the study, the Comp-
troller General shall assess—
(1) the significance of Department of Transpor-
tation policies and practices on the control and allo-
cation of slots at high density airports, including the
impact of permitting air carriers to control slots on
air carrier competition, system capacity, and indus-
try restructuring; and
(2) the potential for replacing airline ticket
taxes with scarcity-reflective pricing of slots (includ-
ing appropriate policies to preserve competition and
service to small- and medium-sized communities).
(c) REPORT.—Not later than 18 months after the
date of enactment of this Act, the Comptroller General
shall transmit to Congress a report on the results of the
study.
SEC. 209. DEFINITIONS OF DELAYED FLIGHT AND CHRON-
ICALLY DELAYED FLIGHT.
Not later than 60 days after the date of enactment
of this Act, the Secretary of Transportation shall issue
final regulations defining for purposes of all Department
of Transportation regulations, reports, and other docu-
ments, what constitutes a delay of a flight of an air carrier