Airline Consumer Protection Act of 2017

Bill: 115-hr-2804
Sponsor: full_name: Rep. Lipinski, Daniel [D-IL-3]
Introduced: 2017-06-07
Policy area: Transportation and Public Works
Subjects: Administrative law and regulatory procedures

Aviation and airports

Computers and information technology

Congressional oversight

Consumer affairs

Department of Transportation

Government studies and investigations

Transportation costs
Latest action: action_date: 2017-06-08
text: Referred to the Subcommittee on Aviation.

Summaries:
action_date: 2017-06-07
action_desc: Introduced in House
text: <p><b>Airline Consumer Protection Act of 2017</b></p> <p>This bill directs the Department of Transportation (DOT) to issue a final rule to require an air carrier to:</p><ul> <li> seek, for a delay exceeding three hours, a cancellation, or a misconnection as a result of circumstances within the air carrier's control, alternative transportation for a displaced passenger; and</li> <li>accept, for a reasonable fee, a displaced passenger from another air carrier or a passenger involuntarily denied boarding due to a lack of available seats.</li> </ul> <p>The Government Accountability Office shall submit a report that reviews airline computer network functions.</p>   <p> <p>Any air carrier schedule change resulting from a computer network disruption, security breach, or other inoperability may be considered an event within a carrier's control.</p> <p>DOT shall:</p> <ul> <li> publish a final rule to require an air carrier to submit to the Federal Aviation Administration a plan for restoring full functionality of its computer network systems in the event of a service disruption;</li> <li> establish an airline industry computer network resiliency working group;</li> <li> modify federal regulations to require each air carrier to adopt a contingency plan for any delay, cancellation, or misconnection affecting a passenger; and</li> <li>issue regulations to ensure that a ticketed passenger shall not pay a fee to select an alternative flight if the aircraft's lavatory is not functioning.</li> </ul>

tv_txt: I 115th CONGRESS 1st Session H. R. 2804 IN THE HOUSE OF REPRESENTATIVES June 7, 2017 Mr. Lipinski (for himself and Mr. Jones ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To require the Secretary of Transportation to implement changes to improve air transportation, and for other purposes.

1. Short title This Act may be cited as the Airline Consumer Protection Act of 2017 . 2. Interlining Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall issue a final rule requiring an air carrier to seek, in the event of a delay exceeding 3 hours, cancellation, or mis­con­nec­tion as a result of circumstances or an event within an air carrier’s control, as determined by the Secretary of Transportation, alternative transportation for displaced passengers, including aboard another air carrier capable of transporting the passenger to his or her originally scheduled destination, and to accept, for a reasonable fee, the passengers of another air carrier who have been displaced by circumstances or an event within that air carriers control, as determined by the Secretary of Transportation, or if the passenger has been involuntarily denied boarding due to a lack of available seats. 3. GAO study Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing a review of the following: (1) The commonalities and differences of computer network architecture used by air carriers operating under part 121 of title 14, Code of Federal Regulations. (2) Analysis of operationally critical functions, including consideration of passenger-facing functions such as reservation and notification systems, aircraft dispatch functions and how information regarding such functions and systems is transmitted to outstations, maintenance monitoring and planning systems, and crew scheduling systems. (3) The impact of consolidated systems and software that handle multiple critical functions. (4) The most common causes of airline computer network disruptions. (5) Industry best practices to prevent, and mitigate the impacts of, network disruptions. 4. Computer network resiliency (a) In general Any schedule change resulting from a computer network disruption, security breach, or other inoperability, may be considered an event within an air carrier’s control as determined by the Secretary of Transportation. (b) Computer network resiliency working group The Secretary of Transportation shall work closely with the airline industry computer network resiliency working group established under section 5 to improve computer networks for air carriers. (c) Final Rule Not later than 1 year after the enactment of this Act, the Secretary of Transportation shall publish a final rule that requires an air carrier operating under part 121 of title 14, Code of Federal Regulations, to submit to the Administrator of the Federal Aviation Administration a plan detailing, at a minimum— (1) the maintenance of computer network systems used to perform functions critical to the normal operation of the carrier; (2) the carrier’s plan for restoring full functionality of such systems in the event of a service disruption; (3) the carrier’s backup systems; and (4) the level of service and amenities offered to passengers whose flights are delayed or cancelled as a result of a computer network disruption and how the air carrier will comply with the plan requirements of section 6. (d) Plan details Not later than 1 year after the establishment of the airline industry computer network resiliency working group under section 5, the contingency plan referred to in subsection (c) shall be submitted to the Administrator of the Federal Aviation Administration. Notwithstanding section 552 of title 5, United States Code (commonly known as the Freedom of Information Act), such plan may not disclose to the public any plan specifics. The air carrier shall make available a general outline of the plan to the public. 5. Airline industry computer network resiliency working group (a) Establishment Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall establish the airline industry computer network resiliency working group (referred to in this section as the working group ) to serve as subject matter experts to the Secretary to foster collaboration and facilitate improvements in the resilience of computer networks used by air carriers in carrying out functions critical to the maintenance of regularly scheduled air transportation service, and in the recovery of operations in the event of network disruptions. (b) Objectives Objectives of the working group shall include efforts— (1) to promote communication and coordination regarding computer network architecture across the airline industry; (2) to promote engagement between industry and government stakeholders regarding the development of guidelines and best practices; (3) to review past disruptions and lessons learned; and (4) to serve as the liaison between industry and government representatives on research and development and emerging technologies that enhance computer network resiliency. (c) Membership Membership on the working group shall include representatives who have responsibility for computer networks and their maintenance, including— (1) at a minimum, Government representatives of the Federal Aviation Administration and the Department of Homeland Security; and (2) voluntary participation of representatives from the airline industry and their contractors and suppliers. (d) Meetings The working group shall meet not less than twice each year and may convene for additional meetings as needed. The group shall meet for a period of not less than 2 years. (e) Report The working group shall submit a report to the Secretary of Transportation that establishes voluntary guidelines for the resiliency of airline computer networks that handle operationally critical functions, best practices, and the conditions under which the working group may need to periodically meet or reconvene. 6. Improved accommodation of displaced passengers Not later than 1 year after the enactment of this Act, the Secretary of Transportation shall modify part 259 of title 14, Code of Federal Regulations to include the following: (1) Adoption of Plan Each covered carrier shall adopt a contingency plan for lengthy terminal delays for its scheduled flights at each large hub airport, medium hub airport, small hub airport and non-hub airport in the United States at which it operates or markets such air transportation service and shall adhere to its plan’s terms. (2) Contents of Plan Each contingency plan for any delay, cancellation, or misconnection, affecting a passenger who has been involuntarily denied boarding as a result of circumstances or an event within an air carrier’s control, as determined by the Administration of the Federal Aviation Administration (except in the case in which the flight crew determines that a passenger poses a danger to the safety of the flight), shall include, at a minimum, the following: (A) Essential needs An air carrier shall ensure that essential needs, including food, water, restroom facilities, and assistance in the case of a medical emergency are met. If the only available seating on the carrier’s next flight to the passenger’s destination is a higher class of service than purchased, the carrier shall transport the passenger on the flight at no additional cost. (B) Meal voucher In the case of a delay exceeding 4 hours, the air carrier shall provide a meal voucher or, if at the request of the passenger, cash equivalent to the value of a meal voucher. An air carrier shall not be liable to reimburse the passenger for expenses related to meals if the passenger did not accepted such compensation when offered. (C) Lodging, transportation, and other vouchers (i) In general In the case of a delay, cancellation, or misconnection as a result of circumstances or an event within an air carrier’s control, as determined by the Secretary of Transportation, of which any portion exceeding 2 hours occurs between the period of time between 10 p.m. and 3 a.m., local time, of the following day, and with no guarantee of reaccommodation aboard another flight to the passenger’s destination within the following 2 hours after the initial 2-hour delay, an air carrier shall provide the passenger with lodging, transportation to and from the airport to the place of lodging, and meal expenses. At the request of the passenger, the carrier shall alternatively compensate such passenger with the cash equivalent to the value of the lodging, meals, and transportation, or a voucher of equivalent value for future travel on the carrier. (ii) Lodging unavailable If lodging is unavailable, an carrier shall compensate a passenger with the cash equivalent to the value of the lodging, meals, and transportation, or, at the request of the passenger, a voucher of equivalent value for future travel on the carrier. (iii) Proximity to residence The provisions of clauses (i) and (ii) shall not apply to a passenger whose permanent residence is 60 miles or less from the airport where such delay, cancellation, or mis­con­nec­tion occurred. (iv) Failure to accept initial compensation An air carrier shall not be liable to reimburse the passenger for expenses related to meals if the passenger did not accept such compensation when offered. 7. Aircraft flights without functioning lavatories (a) Limitation on certain aircraft flights Chapter 417 of title 49, United States Code is amended by adding the following: 41725. Limitation on aircraft flights without functioning lavatories Not later than 90 days after the enactment of this Act, the Secretary of Transportation shall issue regulations to ensure that a passenger who has purchased a ticket in scheduled passenger interstate or intrastate air transportation or in an aircraft in nonscheduled passenger interstate or intrastate air transportation, shall not pay any associated fee to select an alternative flight if it is determined before departure that the lavatory is not functioning. . (b) Clerical amendment The analysis for such chapter is amended by adding at the end of the following: 41725. Limitation on aircraft flights without functioning lavatories .