‘‘(2) AMOUNT OF LIABILITY.—
‘‘(A) DELAYS OF MORE THAN 2 BUT LESS
THAN 3 HOURS.—If the excessive departure or
arrival delay is more than 2 but less than 3
hours, the amount of liability under paragraph
(1) shall be 200 percent of the price paid by the
passenger for transportation by the air carrier.
‘‘(B) DELAYS OF 3 HOURS OR MORE.—If
the excessive departure or arrival delay is 3
hours or more, the amount of liability under
paragraph (1) shall be—
‘‘(i) the amount determined under
subparagraph (A), plus
‘‘(ii) an additional 100 percent of the
price paid by the passenger for such trans-
portation multiplied by the number of
hours (or portion thereof) that such period
exceeds 3 hours.
‘‘(3) EXCESSIVE
DEPARTURE
OR
ARRIVAL
DELAY.—In paragraph (1), the term ‘excessive de-
parture or arrival delay’ means a period of time in
excess of 2 hours—
‘‘(A) in the case of departure delay, begin-
ning when the door of an aircraft is closed at
an airport and ending when the aircraft takes
off from the airport or when the door of the air-
craft is open for deplaning of passengers at the
airport; and
‘‘(B) in the case of arrival delay, beginning
upon touchdown of an aircraft at an airport
and ending when the door of the aircraft is
open for deplaning of passengers at the airport.
‘‘(4) TREATMENT OF CERTAIN DELAYS.—Not-
withstanding paragraph (3), a departure delay in ex-
cess of 2 hours shall not be treated as an excessive
departure delay for purposes of paragraph (1) if the
Administrator of the Federal Aviation Administra-
tion determines that the departure delay was the re-
sult of—
‘‘(A) an air traffic control directive and
that the carrier did not receive notification that
it would receive such directive prior to the
scheduled departure time of the flight; or
‘‘(B) a mechanical problem with the air-
craft or other safety concern.
‘‘(e) 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 a con-
firmed seat—
‘‘(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 ad-
just the maximum dollar amounts specified in sec-
tion 250.5 of such title to account for inflation.’’.
(b) CONFORMING AMENDMENT.—The analysis for
subchapter I of chapter 417, as amended by section
106(b) of this Act, is amended by adding at the end the
following:
‘‘41724. Airline passenger rights.’’.
(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 41724 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.
Æ