For other versions of this document, see http://wikileaks.org/wiki/CRS-RL30940 ------------------------------------------------------------------------------ Order Code RL30940 CRS Report for Congress Received through the CRS Web Airline Passenger Rights Legislation in the 107th Congress Updated August 17, 2001 Robert S. Kirk Economic Analyst, Transportation Resources, Science, and Industry Division Congressional Research Service ~ The Library of Congress Airline Passenger Rights Legislation in the 107th Congress Summary Congressional advocates of enhanced airline passenger rights have introduced legislation in the 107 th Congress that proposes remedies to a variety of consumer complaints. Most of the bills include provisions requiring prompt and truthful disclosure of reasons for delays, cancellations, and diverted flights. Others, found in some of the bills, include: preventing airlines from assessing a fee against, or prohibiting a ticket holder from using, only part of a ticket; requiring airlines to make available information on all fares offered through any media (phone, internet, etc.); and giving passengers the right to exit flights delayed on the ground beyond a certain length of time. Some bills would increase penalties for violating aviation consumer protection law or increase the airlines' liability for mistreatment of passengers. During the 1 0 6 t h Congress, the Air Transport Association (ATA), which represents the major air carriers, successfully forestalled major legislation using three major strategies. First, the ATA took issue with the perceived extent of consumer dissatisfaction by comparing the relative number of complaints reported to the Department of Transportation (DOT) to the high passenger volume. Second, the ATA argued that most delays were due to the weather and to the air traffic control system. Finally, to mitigate the perception of some Members of Congress that legislation was needed, the ATA proposed a voluntary "Airline Customer Service Commitment," hereafter referred to as the Service Commitment. All the major carriers would develop customer service plans that would include their commitment to promises such as offering the lowest fare available; notifying customers of known delays, cancellations and diversions; providing on time baggage delivery of checked baggage; and being more responsive to customer complaints. On February 13, 2001, the DOT Office of the Inspector General (IG) released its report on how well the airlines have met their Service Commitments. It concluded that, while the airlines were making some progress on some of the Commitments, that there were significant shortfalls on others. Two bills, introduced following release of the IG's report­the Air Customer Service Improvement Act (S. 319) and the Fair Treatment of Airline Passengers Act (S. 483)­ incorporate many of the IG's recommendations, including provisions to make the Service Commitments enforceable. After incorporating a significant number of provisions from S. 483, the Senate Committee on Commerce, Science, and Transportation reported out S. 319, on February 13, 2001. After two summers of record delays, cancellations, and consumer complaints, these indicators have improved significantly during the first half of 2001. It remains to be seen if this improvement will be enough to forestall the proposed legislative remedies in the 107 th Congress. Contents Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Airline Consumer Rights legislation in the 106 th Congress . . . . . . . . . . 1 The Air Carriers' Response . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 The Re-emergence of Airline Passenger Rights Issues . . . . . . . . . 3 The IG's Report on the Airline Customer Commitment . . . . . . . . . . . . . 4 Proposed Legislative Remedies of the 107 th Congress . . . . . . . . . . . . . . . . . 5 Access to All Fares . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Access to Services and the Right to Deplane From Delayed Aircraft During Emergencies . . . . . . . . . . . . . . . . . . . . . . . 6 Baggage Handling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Bumping and Overbooking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Delays, Cancellations, and Diversions . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Chronically Delayed or Cancelled Flights . . . . . . . . . . . . . . . . . . . . 7 Information System Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Enforcement Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Federal Preemption of State Consumer Law . . . . . . . . . . . . . . . . . . . . . . 8 Partial Ticket Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Travel Agent Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Other Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 The Airline Customer Notification Act (H.R. 571) . . . . . . . . . . . . . . . . 9 Consumer-Friendly Airline Ticket Transfer Act (H.R. 1074) . . . . . . . 10 The Aviation Delay Prevention Act (S. 633) . . . . . . . . . . . . . . . . . . . . . 10 The Airline Passenger Treatment bill (H.R. 1407) . . . . . . . . . . . . . . . . 11 Side-by-Side Comparison of Passenger Rights Legislation in the 107 th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 List of Tables Index of Legislative Topics of Airline Passenger Rights Bills . . . . . . . . . . 12 Table 1: Side-by-Side Comparison of Selected Provisions From Airline Passenger Rights Legislation: 107 th Congress . . . . . . . 14 Airline Passenger Rights Legislation in the 107th Congress In the 107 th Congress, supporters of enhanced airline passenger rights have introduced legislation significantly influenced by both legislation introduced in the 106 th Congress and the airline industry's response to that threat of legislative remedies. As a group, the various bills' provisions address the issue of how to respond to a reported growing consumer dissatisfaction with airline service. Also at issue is the appropriate degree of federal involvement in protecting airline customers. Two summers of record delays and flight cancellations by the major airlines, and a perception of complacency by airlines concerning customer discontent, have led to a variety of proposed remedies to consumer complaints, related to delays, cancellations, lost or misrouted baggage, partial ticket use, and the provision of complete fare information. For 2001, delays, cancellations, and consumer complaints have all declined from the high levels of 1999 and 2000. It remains to be seen, however, if this improvement will be enough to forestall the momentum toward legislative remedies in the 107 th Congress.1 This report examines legislation pertaining to airline consumer protection in the 107 th Congress. For background it first summarizes legislation proposed in the 106th Congress and the airlines' response. The report then briefly examines the findings of the Department of Transportation Inspector General's February 13, 2001 report on airline customer service. It then discusses the legislative remedies proposed in the 107 th Congress. Finally, a side-by-side presentation of provisions from six airline passenger rights bills is set forth. Background Airline Consumer Rights legislation in the 106th Congress Early in the 106 th Congress, a number of bills, referred to collectively in the press as "airline passenger bill of rights" legislation, were introduced in both 1 Better weather, lower capacity utilization because of the slowing economy, schedule changes at certain congested airports, the absence of the ComAir fleet because of a strike, as well as industry efforts to improve customer service, are among the reasons mentioned in discussions of the improvements in the delay and cancellation rates and the reduced number of consumer complaints filed with DOT in 2001. CRS-2 the House and Senate . 2 Their introduction followed close on the heels of a major airline consumer event. Just days before the 106 th Congress first met, a powerful storm swept across the upper midwest dropping nearly a foot of snow on the Detroit Metropolitan-Wayne County Airport. In the high winds and low temperatures that followed the snowfall, nearly 50 aircraft, loaded with passengers, were trapped on the airport's taxiways and aprons. Some of the flights were not allowed to deplane for over seven hours and, as the time wore on, some aircraft ran out of food, water, and functioning toilets. The extreme nature of the Detroit incident, the seeming complacency of the initial airline response, and wide press coverage helped increase public attention to already growing airline passenger discontent with airline customer service and business practices. The bills introduced in the 106 th Congress included a variety of legislative remedies as well as a range of enforcement mechanisms and penalties. All the bills required prompt announcement and truthful disclosure of any flight delays, cancellations, or diversions. About half of the bills required full access to fare information regardless of the technology or method of access (e.g. via telephone or internet). Other consumer rights provisions addressed in two or more bills included: partial ticket use; the right of access to services and the right to deplane from delayed aircraft; restrictions on federal preemption of state consumer protection laws; and a number of provisions of benefit to travel agents. About half of the bills provided for fines for violation of the acts' provisions or set airline financial liability for each passenger subject to a non- safety delay or cancellation. Other bills would have made violation of certain provisions subject to existing DOT enforcement procedures as "unfair or deceptive practices" and "unfair methods of competition" under 49 U.S.C. 41712. None of these free-standing passenger rights bills were enacted. The Air Carriers' Response. The Air Transport Association (ATA), which represents the major air carriers, responded to these passenger rights bills in several ways.3 In testimony before the Senate Commerce Committee, on March 11, 1999, ATA President, Carol Hallett, said that the airlines would accept responsibility for the service failures that are within their control. She also, however, pointed to severe weather and air traffic control as the two main causes of delay (the most common customer complaint). She charged that 65% of delays were attributable "directly to the ATC [air traffic control] system." Finally, the ATA argued that legislation to improve customer treatment was unnecessary because the air carriers were voluntarily making changes that would improve their customer service. 2 For a detailed examination of passenger rights bills in the 106th congress see, Airline Passenger Rights legislation in the 106th Congress, by Robert S. Kirk. CRS Report RL30691. 3 See Statement of Carol B. Hallett, President and Chief Executive Officer, Air Transport Association of America, before the Senate Commerce Committee Hearing on S. 383, the Airline Passenger Fairness Act. Washington, March 11, 1999. 6 p. CRS-3 The ATA Airline Customer Service Commitment. On June 17, 1999, the ATA announced that each of the major air carriers would develop voluntary customer service plans guided by a twelve part "Airline Customer Service Commitment." In their Service Commitments the ATA carriers claim they will: ! Offer the lowest fare available [from the airline's telephone reservation system] ! Notify customers of known delays, cancellations and diversions ! Provide on-time baggage delivery [return misdirected bags within 24 hours] ! Support an increase in the lost baggage liability limit ! Allow reservations to be held or canceled [for 24 hours] ! Provide prompt refunds [7 day credit card; 20 days for cash] ! Properly accommodate disabled and special needs passengers ! Meet customers' essential needs during long on-aircraft delays ! Handle "bumped" passengers with fairness and consistency ! Disclose travel itinerary, cancellation policies, frequent flyer rules and aircraft configuration ! Ensure good customer service from code-share partners ! Be more responsive to customer complaints. An ATA transmittal letter to the Senate Commerce Committee stated that its view was that only a voluntary commitment from the industry could improve customer service without "unintended and costly consequences." The Re-emergence of Airline Passenger Rights Issues. After the release of the ATA voluntary plan, many thought airline passenger rights would not be an issue for the rest of the first session. However, although some Members of Congress supported giving the ATA plan a chance, others voiced skepticism of the likely effectiveness of voluntary industry commitments. In the waning days of the first session of the 106 th Congress, during floor debate in the Senate, both on the DOT FY2000 appropriations bill and the FAA reauthorization bill, airline passenger protection issues reemerged in the form of multiple amendments to the two bills. The Wendell H. Ford Aviation Investment and Reform Act for the 21 st Century (P.L. 106-181; AIR21) and the FY2000 DOT Appropriations Act (P.L. 106-69) included provisions that both alte red some consumer protection provisions of Title 49, and also included provisions that called for investigatory studies by the DOT Inspector General (IG) and the General Accounting Office (GAO). The changes to the aviation consumer protection statutes were few in number and included raising the maximum penalty for violating the passenger consumer protection provisions to $2,500, ordering DOT to raise the maximum liability for lost luggage, and making the failure of an air carrier or ticket agent to notify a purchaser of an e-ticket of its expiration date an "unfair or deceptive" practice. More significant for the 107 th Congress are the investigatory studies, especially the one that required the IG to monitor the implementation of any of the voluntary airline customer service plans submitted to DOT by the air carriers. For this study, the IG was required to report on the effectiveness of the CRS-4 customer service plans and to make recommendations for improving accountability, enforcement, and consumer protections for airline passengers. There was no further legislative action in the 106 th Congress. Most members of Congress were willing to wait and see what the IG's final report concluded and recommended. Some would argue that the ATA's strategy had successfully forestalled passage of an airline passenger rights bill in the 106 th Congress. On the other hand, the congressionally mandated studies of the air carriers' implementation of their customer service plans and other business practices insured that the airline passenger rights issue would remain alive into the 107 th Congress. The IG's Report on the Airline Customer Commitment On February 13, 2001 the DOT Office of the Inspector General (IG) released its final report analyzing the progress made by the airlines under their voluntary "Customer Service Commitment." 4 The IG report concluded that, although progress had been made, there were still significant shortfalls, especially in provisions that "trigger when there is a flight delay or cancellation." These provisions include keeping customers informed of delays and cancellations and also meeting customers' "essential needs" during extended on-aircraft delays. The report also found a need for improvement in regard to the provision for fairness and consistency in bumping practices on flights that are oversold. The IG concluded that the policies for accommodating passengers delayed overnight were often inconsistent with the Service Commitment or the airlines contracts of carriage. On the positive side the report found that, in general the airlines were complying with the commitment to offer the lowest fare, to provide prompt ticket refunds, to be more responsive to customer complaints, and to support a higher payout for lost baggage. The report, however, pointed out that the Service Commitments did nothing to address the underlying problem of delays and cancellations. The IG recommended that: ! the Customer Service Commitments be made enforceable either by requiring their inclusion in the airlines' contracts of carriage or by regulation; ! a commitment be added to establish a quality assurance and performance measurement system and to audit compliance with the commitment; ! the resources allocated to the DOT division responsible for consumer protection be significantly increased; 4 Department of Transportation. Office of the Inspector General. Final Report on the Airline Customer Service Commitment. Washington, the Office. 127 p. Internet address: [http://www.oig.dot.gov/audits/av2001020.htm] CRS-5 ! at the time of booking and without being asked, the prior month's on-time performance rate for consistently delayed and/or cancelled flights be disclosed to consumers; ! airlines clarify in their customer service plans what is meant by an "extended period of time" and "emergency" so passengers know what to expect. The airlines should also ensure that comprehensive customer service contingency plans specify the efforts that will be made to get passengers off the aircraft when delayed for extended periods; ! DOT should establish a standard check-in time and disclose it on the ticket jacket; assure that all bumped volunteers are equally compensated; increase compensation to bumped passengers; and disclose orally to passengers that involuntarily bumped passengers must be compensated in advance of payments being offered to volunteers; ! a uniform system for tracking delays, cancellations, and their causes be established and implemented; ! capacity benchmarks for the nations top 30 airports be established to provide a common framework for understanding what maximum arrival and departure rate can physically be accommodated by an airport by time of day under optimum conditions. By early June 2001, 14 ATA member airlines had voluntarily incorporated the ATA customer service commitments into their contracts of carriage. Critics, however, argue that the vagueness of the language of the commitments limits the importance of their inclusion in the contracts of carriage for consumers. Proposed Legislative Remedies of the 107th Congress Most of the passenger rights bills introduced in the 107 th Congress are influenced by legislation introduced in the 106 th Congress or by the findings of the DOT IG, or both. Four of the bills, S. 200, the Air Travelers Fair Treatment Act (Senator Reid), H.R. 332, the Aviation Consumer Right to Know Act (Representatives DeFazio and Slaughter), H.R. 384, the Airline Passenger Fair Treatment Act (Representatives Sweeny), and H.R. 907, the Airline Competition and Passenger Rights Act (Representative Dingell) all revived numerous provisions from legislation first introduced in the 106 th Congress. Following release of the IG report on the airlines' customer service performance, two new bills, S. 319, the Airline Customer Service Improvement Act (Senators McCain, Hollings, Hutchison) and S. 483, the Fair Treatment of Airline Passengers Act (Senator Wyden), were introduced. These bills include provisions to make the voluntary service commitments enforceable. They also include provisions that would implement many of the IG's other recommendations. During a Senate Committee on Commerce, Science and Transportation mark-up, a significant number of provisions from S. 483 were added by amendment in the nature of a substitute to S. 319, which was reported on March 15, 2001, with Senator Wyden becoming the fourth sponsor. In early May Representatives Sweeny and CRS-6 Dingell combined many or the provisions of their two bills (H.R. 384 and H.R. 907) and introduced H.R. 1734, the Airline Passenger Bill of Rights Act.5 Although there are significant differences in provisions of the airline passenger consumer rights bills introduced in the 107 th Congress, it is possible to place many of the provisions into comparable issue categories. This section describes these provisions in a general way and does not include provisions that are unique to a one bill. For detail on six individual bills, see the side-by-side comparison that is set forth in the table at the end of this report.6 Access to All Fares About half of the bills introduced would require air carriers to make available to customers information on all fares charged by an airline regardless of the technology or means used to access the information. The heart of this issue is the "lowest fare available" debate. Under this provision, for example, if someone contacts an air carrier by telephone the air carrier's agent would have to notify the customer if there were a cheaper fare being offered via internet or through travel agencies. Two of the bills (S. 319 and S. 483) would simply require the airlines to notify customers that cheaper fairs may be available through other distribution systems. Access to Services and the Right to Deplane From Delayed Aircraft During Emergencies Three bills (H.R. 1734, S. 200, and H.R. 907), included language that would have limited to one hour the length of time airlines can require passengers to stay aboard an aircraft during ground-delayed departures or arrivals at an airport. H.R. 907 also requires DOT to issue regulations that require air carriers ensure access to necessary services and conditions including food, water, restroom facilities, and also provide for an ability to deplane in the event of a weather or other emergency. S. 319, H.R. 1734, and H.R. 907 require air carriers to ensure that comprehensive emergency plans are maintained and coordinated with local airport authorities and the FAA. Baggage Handling S. 319 and S. 483 would both require more detailed and accurate information on mishandled baggage. S. 319 would require a luggage tracking system be established and a toll free telephone number passengers can call to 5 From here on in the text H.R. 384, because virtually all of its provisions were incorporated in H.R. 1734 will not be mentioned. 6 The side-by-side includes H.R. 1734, S. 200, S. 332, H.R. 907, S. 483, and S. 319. H.R. 571, the Airline Customer Right to Know Act (Representative Bilirakus), H.R. 711, "to clarify that State attorneys general may enforce State consumer protection laws with respect to air transportation..." (Representatives Trancredo and Schaffer) and S. 633, the Aviation Delay Prevention Act (Senators Hutchison and Rockefeller) are discussed in the text. CRS-7 check on the status of their delayed luggage. It also requires that passengers who do not check luggage not be counted when calculating the rate of mishandled luggage. S. 483 sets forth specific statistical categories that must be reported and requires air carriers to establish performance goals aimed at reducing the incidence of mishandled baggage. Bumping and Overbooking S. 319 and S. 483 have similar provisions that require: DOT to establish a uniform check-in deadline and require airlines to disclose it on their ticket jackets; notification that involuntarily bumped passengers must be offered compensation before any offers are made to volunteers. S. 483 also requires that air carriers, on request, tell a passenger whether a flight is oversold. H.R. 1734 and H.R. 907 would also push the boarding deadline right up to the time that the aircraft's door is closed. Delays, Cancellations, and Diversions Virtually all the bills introduced include provisions that require prompt notification and truthful explanation of any flight delays, cancellations, o r diversions. Chronically Delayed or Cancelled Flights. Four bills (S. 319, S. 483, H.R. 1734, and H.R. 907) include provisions that require air carriers to disclose, without being asked, to customers when they are making a reservation or purchasing a ticket, the on-time performance and cancellation rate for any chronically-delayed or cancelled flights. H.R. 1734 and H.R. 907 would make failure to make such a disclosure an unfair or deceptive practice and unfair method of competition. S. 319 would require that DOT include a table in the Air Travel Consumer report that shows, for the most recent three month period, flight numbers of flights delayed by 15 minutes or more 40% of the time or more and flights canceled 30% of the time or more. Information System Provisions. Four bills (S. 319, S. 483, H.R. 1734, and H.R. 907) also include a variety of information system requirements, including setting up a notification system that would notify passengers before they leave for the airport that their flight will be cancelled or delayed. These three bills also require that air carriers coordinate with airport officials to assure that master airport flight display monitors contain up-to-date flight information and are consistent with their own monitors. Another provision, in S. 319 and S. 483, would require air carriers to post the on-time performance for each scheduled flight for the previous month on their web sites. Enforcement Provisions Airline passenger rights legislation introduced in the 107 th Congress includes a variety of approaches to enforcement. S. 319 and S. 483 both contain provisions that would implement a number of the IG recommendations regarding enforcement. These bills would require the major air carriers to write CRS-8 their customer service plans into their contracts of carriage, thus making the provisions enforceable in court under contract law (as mentioned earlier, in early June, 14 of the ATA airlines announced that they had voluntarily incorporated the customer service commitments into their contracts of carriage).7 S. 319, in addition, requires that DOT monitor compliance to provisions of the bill and to take enforcement actions as necessary. The agency is to monitor customer service quality assurance and performance measurement systems and review the airlines' internal audits. S. 319 and S. 483 would also amend 49 U.S. C. Section 46301 to extend the $2,500 per occurrence penalty to violations of any of the bill's provisions. The other bills rely on existing enforcement mechanisms or expanding the coverage of existing law under 49 U.S. C. 41712 relating to "unfair or deceptive trade practices" or "unfair methods of competition." 8 Finally, these bills call for DOT to increase resources for the airline passenger consumer protection activities of the Department. Both the monitoring requirements and the expanded Section 41712 practices would be the responsibility of the DOT Assistant General Counsel for Aviation Enforcement and Proceedings. At this writing, this office has a staff of 22, including 8 attorneys and 9 transportation industry and consumer analysts. Some argue that the proposed enforcement provisions could overwhelm the Assistant General Counsel's staff.9 AIR21 authorized a significant increase in funding but appropriations for this activity have been significantly below the authorized level. 7 Some of the enforcement provisions refer to the air carrier contract of carriage. When a passenger purchases a ticket from an airline the passenger's rights and responsibilities as well as the limits of the air carrier's responsibilities and liabilities are set forth in a "contract of carriage" (COC). On the back of the ticket, in the ticket jacket, or on the ticket jacket itself is a summary of selected provisions of the COC and a reference to the full text. As mentioned in the text, by writing the customer commitments into their COCs, the air carriers could be held liable under contract law for violating their commitments. Some airlines have made the full text of their COCs available on their internet web sites others still require that a request be made to their customer service departments. 8 Some would argue that failure of the airlines to fulfill the ATA customer commitments could be considered a deceptive trade practice and could therefore lead to enforcement actions by the Counsel for Aviation Enforcement and Proceedings. 9 As reported in the IG's final report the Office staff is half as large as it was in 1985, when the Offic e had a staff of 40. The decline in staffing has continued even as consumer complaints received by the office have gone from 6,026 in 1995to 23,381 in 2000. In 2000 the Office had a staff of 17. Five new positions were authorized for FY2001. AIR21 also added other responsibilities to be carried out by the Office including a provision requiring comprehensive investigation of each disability-related complaint (there were 595 in CY1999 and 676 in CY2000); extension of the disabled passenger discrimination law to international flights; and a variety of data collection and reporting requirements. The House-passed FY2002 appropriations bill (H.R. 2299) provides for 9 of the 20 new staff requested by DOT. The Senate-passed bill (S. 2278) fully funds the request. CRS-9 Some of the bills would increase the airline liability for specific violations. For example, S. 319, S. 483, and H.R. 907 all would modify bumping regulations to increase the maximum compensation amount. H.R. 907 includes a unique airline liability provision. The bill would set the airline liability for a delay of between two and three hours at 200% of the price paid for a ticket on the delayed flight and another 100% for each additional hour or portion of an hour above three hours delay. Delays caused by certain air traffic control directives, mechanical, and other safety concerns are exempted. Federal Preemption of State Consumer Law Six bills include a provision designed to narrow the scope of federal preemption of the application of state consumer protection laws to air transportation.10 The intent of these provisions is to allow state and local officials to enforce state consumer protection laws with respect to air transportation and the advertisement of air transportation services. One of the bills, H.R. 711(Representatives Tancredo/ Schaffer) presents this provision as a stand-alone bill. Partial Ticket Use Four bills (H.R. 1734, H.R. 332, H.R. 1074, and H.R. 907) include provisions that would prevent air carriers from assessing a fee against or prohibiting a ticket holder from using only part of a ticket. This would shield consumers who use "back-to-back" round trip ticketing or "hidden city" ticketing. Back-to-back ticketing generally refers to purchasing two round trip discount tickets but only using one way on each ticket (usually to avoid the weekend stay-over requirements). Hidden city ticketing refers to a passenger who wishes to fly to a hub destination but buys a cheaper ticket to a city served through the hub. The passenger simply gets off the plane at the hub airport and does not use the ticket for the final leg of the flight. Airlines argue that they must be allowed, when a passenger does not show up for a trip segment, to cancel any remaining trip segments. Otherwise, they argue, especially when demand is high, they could deny a passenger a reservation when an empty seat actually exists. AIR21 included a provision that required the General Accounting Office (GAO) to study the potential impacts of legalization of partial ticket use. The study, released at the end of July 2001, concludes that "restricting the ability of airlines to forbid hidden-city and back-to-back ticketing is unlikely to help consumers...[and] would likely have unintended consequences that could hurt some consumers. Nevertheless, consumer advocates and passengers have 10 Preemption is the "Doctrine adopted by U.S. Supreme Court [based on the U.S. Constitution's supremacy clause] holding that certain matters are of such a national, as opposed to local, character that federal laws preempt or take precedence over state laws. As such, a state may not pass a law inconsistent with the federal law." Blacks Law Dictionary. St. Paul, Minnesota, 1990. p 1177. See also State and Local Sanctions: Some Constitutional Issues, by Jean J. Grimmett. CRS Report 98-795 A. CRS-10 legitimate concerns that some fares are higher than what might be expected in a more competitive market."11 Travel Agent Provisions Three bills (H.R. 1734, S. 200, and H.R. 907) include provisions that could be seen as benefitting travel agents. Their provisions require that air carriers provide 90 days notice to a ticket agent if the carrier wishes to cancel, terminate, or not renew the agent's appointment as a carrier agent. It would give the agent 60 days to correct any deficiency identified by the air carrier as a reason for ending the agent's appointment. Other Legislation The Airline Customer Notification Act (H.R. 571) The Airline Customer Notification Act (Representative Bilirakis), amends the consumer protection provisions of Title 49 of the U.S. Code. Its provisions require air carriers to announce the reason or reasons for: a delay of two or more hours or cancellation of a flight; the dive rsion of a flight to another airport; a one hour delay of deplaning after touchdown; and, in the case of a delay, the expected length of the delay. Passengers may request the reason or reasons in writing. The passenger's right to notification must be posted at the gate or ticket counter. Finally, the bill includes a prohibition on false or misleading explanations. Because of H.R. 571's conciseness, it is not included in the side-by-side. Consumer-Friendly Airline Ticket Transfer Act (H.R. 1074) The Consumer-Friendly Airline Ticket Transfer Act (Representative Gibbons), requires DOT to issue regulations, within 90 days of enactment, that require air carriers to make paper tickets for intrastate or interstate air transportation, transferrable at no cost. Also within 90 days DOT is to make recommendations to Congress relating to the transfer of electronic tickets. As mentioned earlier, H.R. 1074 also includes provisions to prevent air carriers from prohibiting or assessing a fee for partial ticket use. The Aviation Delay Prevention Act (S. 633) The Aviation Delay Prevention Act (Senators Hutchison and Rockefeller) was proposed as an amendment to S. 319, but was withdrawn during mark-up and 11 General Accounting Office. Aviation Competition: Restricting Airline Ticketing Rules Unlikely to Help Consumers. GAO-01-831. July 31, 2001. Washington, GAO, 2001. p. 44-45. CRS-11 was later introduced as a stand-alone bill. The intent of the bill was to provide some near term relief to airport congestion and delay by spreading out peak hour schedules and also accelerating capacity-enhancing airport projects . As introduced, S. 633 had three main provisions. First, it called for a review of and report on air carrier over-scheduling at large hub airports, an analysis of the congestion mitigation authority of DOT, and recommendations for increasing DOT's authority. Second, the bill would have provided air carriers with a limited exemption from the antitrust laws allowing them to discuss, in the presence of a DOT representative, cooperative scheduling arrangements to reduce over- scheduling. Third, the bill called for DOT to implement an expedited coordinated environmental and judicial review process (done concurrently not consecutively) for airport capacity-enhancement projects. In committee, an amendment in the nature of a substitute significantly altered the text and scope of S. 633. The Senate Commerce Committee version of the bill shifts the initiative for action from the airlines to the DOT and also adds a number new provisions. The bill, as reported, requires that, within one year of enactment and for each of the next five year s, DOT must complete a review and report on air carrier over-scheduling and scheduling practic e s , including flight cancellations for economic reasons, at large hub airports and must include an analysis of the congestion mitigation authority of the Secretary and make recommendations for providing additional authority. The bill provides that the Secretary of DOT may request that air carriers meet with the administrator of the FAA to discuss flight reductions at severely congested airports. The bill provides for short-term "stormy weather agreement" limited antitrust exemptions for airlines to meet to discuss schedules. The Secretary of DOT is to identify airports--from among those included in the Airport Capacity Benchmark Report--where delays occur that significantly affect the national airport and airway system. If any of those identified airports have no plans in place to increase airport capacity, DOT is to create a task force to conduct capacity enhancement studies these airports. Any airport for which a capacity enhancement study recommends building a new runway or reconfiguring its existing runways becomes a National Capacity Project. DOT is required to complete an environmental review within five years and expedite funding for the project. Airports not following through with the recommended capacity expansion can loose funding for non-capacity projects as well as loss of passenger facility charge revenues. The bill includes a five year pilot program that would allow airport sponsors to pay for additional environmental specialists and attorneys from outside the U.S. government to assist in providing an appropriate level of planning and environmental review of runway development projects for designated national capacity projects. The PFC eligibility for gate related airport improvements is expanded and AIP funds would be available for construction of air traffic control towers. The bill would raise the noise set-aside for AIP discretionary funds to 35%. This provision also appears to make National Capacity Projects eligible for AIP noise mitigation funds without having to meet the requirement of having an FAA approved "Part 150" noise mitigation plan. DOT is also directed to provide a list of categorical exclusions currently recognized and a list of additional proposed categorical exclusions under the National Environmental Policy Act of 1969. CRS-12 The Airline Passenger Treatment bill (H.R. 1407) As reported (H. Rept. 107-77, part 2), The Airline Passenger Treatment Act (Representative Young) allows air carriers at an airport to file a request with the Attorney General (AG) for authority to discuss with one or more other air carriers, agreements or cooperative arrangements relating to limiting flights at an airport during a time period that the AG determines that scheduled flights exceed the capacity of the airport. The purpose of the meeting is to discuss reducing delays during that time period. The bill would allow for limited antitrust exemption. The AG must, however, find that the voluntary adjustments could lead to a substantial reduction in travel delays and improved service without substantially lessening competition or tending to create a monopoly. Three days notice must be given to all carriers providing service or seeking to provide service at the airport under discussion. The AG or his/her representative will attend and monitor the meeting. Unanimous agreement of the carriers at the airport is required. Participants may not discuss rates, fares, charges, in-flight service, or service to any city pair. The meetings are to be public. The AG will consult with the Secretary of DOT in making the decision. The legislation's provisions would expire after September 30, 2003. Side-by-Side Comparison of Passenger Rights Legislation in the 107th Congress The side-by-side comparison (Table 1) sets forth provisions of six airline passenger rights bills that have been introduced so far during the 107 th Congress. The analysis does not include bills or provisions that have been written to increase competition or to increase service to underserved areas. A complete indexed list of passenger rights topics covered in the bills is provided on the next page, to enhance the side-by side comparison that follows. CRS-13 Index of Legislative Topics of Airline Passenger Rights Bills Topic S. H.R. 1734 H.R. 332 S. 200 S. 483 H.R. 907 Page 319 Baggage: information system X -- -- -- X -- 14 Baggage: DOT's method of X -- -- -- X -- 14 calculating mishandled baggage Baggage: handling performance X -- -- -- X -- 14 goals Bumping: check-in deadlines X X -- -- X X 15 Bumping: passenger compensation X -- -- -- X -- 15 priorities Bumping: compensation in -- X -- -- -- X 15 addition to existing law Bumping: compensation X -- -- -- X X 16 Bumping: disclosure of oversold -- -- -- -- X -- 16 flights, on request Bumping: policy disclosure -- -- -- -- X -- 16 Bumping: regulation modification -- X -- -- -- -- 17 Civil penalties X -- -- -- X -- 17 Code sharing X -- -- -- -- -- 17 Compliance assurance X -- -- -- -- -- 18 (DOT functions) Compliance assurance X -- -- -- X -- 19 (Air Carrier functions) Contracts of carriage: -- -- -- -- X -- 19 availability of copies Contracts of carriage: X -- -- -- X -- 20 incorporation of Customer Service Commitments/ customer service plans Customer service plan modification -- -- -- -- X -- 20 Customer service plan adoption X -- -- -- X -- 20 Delays/cancellations: chronically X -- -- -- X -- 21 delayed flight information publication Delays/cancellations: definition of X X -- -- X -- 21 chronically delayed/cancelled flights Delays/cancellations: right to de- -- X -- X -- X 22 plane CRS-14 Topic S. H.R. 1734 H.R. 332 S. 200 S. 483 H.R. 907 Page 319 Delays/cancellations: disclosure of X X -- -- X X 22 chronically-delayed or canceled flights Delays/cancellations: notification X X X X X X 23 Delays/cancellations: X X -- -- X X 23 advance information... Delays/cancellations: public -- -- -- X -- 24 information...telephone/WEB Delays/cancellations: dis- X -- -- -- X -- 24 closure of on-time performance Delays: improvement targets for X -- -- -- -- -- 24 delayed or cancelled flights Delays: liability for excessive... -- -- -- -- -- X 25 Disabled and special needs X -- -- -- -- -- 25 services Disabled passengers' equipment X -- -- -- -- -- 25 Emergency medical services X -- -- X -- -- 26 Emergency plans X X -- -- -- X 26 Enforcement funding: funding for X -- -- -- X -- 27 DOT enforcement of airline passenger protection provisions Fares: access to lowest fares X X X -- X X 27 Federal preemption of state -- X X X -- X 28 consumer law Frequent flyer information X -- X -- X -- 28 Information monitors: coordination X X -- -- X X 28 of displays Initial response reports X -- -- -- -- --- 29 Insecticide warnings -- -- X -- -- -- 29 Overnight accommodations: plans X X -- -- -- -- 29 for passengers stranded... Partial ticket use -- X X -- -- X 30 Passenger rights publication -- X -- -- -- X 30 Review of regulations X -- -- -- X -- 31 Safety: access to safety -- -- -- X -- -- 31 information Safety: performance review reports -- -- -- X -- -- 31 Small air carrier exception -- -- -- -- X -- 32 CRS-15 Topic S. H.R. 1734 H.R. 332 S. 200 S. 483 H.R. 907 Page 319 Ticket agent appointment -- X -- X -- X 32 cancellation Victims assistance: civil penalties -- -- -- X -- -- 32 for failure to provide safety or victims' assistance information Victims' assistance toll free -- -- -- X -- -- 32 telephone Victims' assistance coordination -- -- -- X -- -- 33 Victims' right to information -- -- -- X -- -- 33 - CRS-16 Table 1: Side-by-Side Comparison of Selected Provisions From Airline Passenger Rights Legislation: 107th Congress Topic Airline Customer Airline Passenger Bill of Aviation Consumer Air Travelers Fair Fair Treatment of Airline Competition and Service Improvement Act Rights Act (H.R. 1734) Right to Know Act (H.R. Treatment Act (S. 200) Airline Passengers Act Passenger Rights Act (S. 319) Introduced May 3, 2001 332) Introduced Jan. 29, 2001 (S. 483) (H.R. 907) Reported March 15, 2001 (Sweeny/ Dingell) Introduced Jan. 31, 2001 (Reid) Introduced March 7, Introduced March 7, (McCain/Hollings/ (DeFazio/Slaughter) 2001 (Wyden) 2001 (Dingell) Hutchison/Wyden) Baggage: information Within 90 days of -- -- -- Within 6 months of -- system enactment air carriers shall: enactment air carriers shall develop and implement a revise their reporting of system for tracking and mishandled baggage to documenting the amount of show: the percentage of time between receipt of a checked baggage claim for missing baggage mishandled during the and its delivery; and reporting period; the establish a toll free number of mishandled telephone number that bags; and the average passengers can use to length of time between the check the status of their receipt of a passenger's delayed baggage. claim for missing baggage and its delivery to the passenger. Baggage: DOT's method In calculating and reporting -- -- -- Within 6 months of -- of calculating mishandled the rate of mishandled enactment DOT shall baggage baggage, DOT shall not revise its method of take into account reporting the rate of passengers who do not mishandled baggage to check any baggage. reflect the reporting requirements of the Act. Baggage: handling -- -- -- -- Within 6 months of -- performance goals enactment air carriers shall establish performance goals designed to minimize incidents of mishandled baggage. CRS-17 Topic Airline Customer Airline Passenger Bill of Aviation Consumer Air Travelers Fair Fair Treatment of Airline Competition and Service Improvement Act Rights Act (H.R. 1734) Right to Know Act (H.R. Treatment Act (S. 200) Airline Passengers Act Passenger Rights Act (S. 319) Introduced May 3, 2001 332) Introduced Jan. 29, 2001 (S. 483) (H.R. 907) Reported March 15, 2001 (Sweeny/ Dingell) Introduced Jan. 31, 2001 (Reid) Introduced March 7, Introduced March 7, (McCain/Hollings/ (DeFazio/Slaughter) 2001 (Wyden) 2001 (Dingell) Hutchison/Wyden) Bumping: check-in DOT will initiate within Passengers shall be eligible -- -- Virtually identical to Identical to H.R. 1734. deadlines 30 days of enactment a for involuntary denied S. 319. rule- making to establish a boarding compensation if uniform check-in deadline the passenger checks in at and require airlines to the appropriate airport disclose it both on the gate at any time before the ticket jackets and contracts door of the aircraft for the of carriage. flight segment is closed. Bumping: passenger Air carriers must tell all -- -- -- Identical to S. 319. -- compensation priorities passengers on a flight that they are required to pay passengers involuntarily denied boarding before making offers to passengers who volunteer their seats. Bumping: compensation -- In addition to the -- -- -- Identical to H.R. 1734. in addition to existing law compensation set forth in existing law, air carriers shall provide for passengers involuntarily bumped: alternate transportation to their final destination; reasonable and immediate compensation for food; and hotel costs if departure time of alternative is not within the same day. CRS-18 Topic Airline Customer Airline Passenger Bill of Aviation Consumer Air Travelers Fair Fair Treatment of Airline Competition and Service Improvement Act Rights Act (H.R. 1734) Right to Know Act (H.R. Treatment Act (S. 200) Airline Passengers Act Passenger Rights Act (S. 319) Introduced May 3, 2001 332) Introduced Jan. 29, 2001 (S. 483) (H.R. 907) Reported March 15, 2001 (Sweeny/ Dingell) Introduced Jan. 31, 2001 (Reid) Introduced March 7, Introduced March 7, (McCain/Hollings/ (DeFazio/Slaughter) 2001 (Wyden) 2001 (Dingell) Hutchison/Wyden) Bumping: compensation DOT will initiate within -- -- -- Virtually identical to Within 90 days of 30 days a rule-making, S. 319. enactment, DOT shall under 14 C.F.R. 250.5, to modify regulations increase the maximum contained in 14 CFR 250 compensation amount. to conform with the bumping provisions of the act and to adjust the dollar compensation amounts for inflation. Bumping: disclosure of -- -- -- -- Upon request, air carrier -- oversold flights, on shall inform a ticketed request. passenger whether the passenger's flight is oversold. Bumping: policy -- -- -- -- Air carriers must disclose -- disclosure on their web sites and on ticket jackets their criteria for determining which passengers will be involuntarily denied boarding on an oversold flight and its procedures for offering compensation to bumped passengers. CRS-19 Topic Airline Customer Airline Passenger Bill of Aviation Consumer Air Travelers Fair Fair Treatment of Airline Competition and Service Improvement Act Rights Act (H.R. 1734) Right to Know Act (H.R. Treatment Act (S. 200) Airline Passengers Act Passenger Rights Act (S. 319) Introduced May 3, 2001 332) Introduced Jan. 29, 2001 (S. 483) (H.R. 907) Reported March 15, 2001 (Sweeny/ Dingell) Introduced Jan. 31, 2001 (Reid) Introduced March 7, Introduced March 7, (McCain/Hollings/ (DeFazio/Slaughter) 2001 (Wyden) 2001 (Dingell) Hutchison/Wyden) Bumping: Regulation -- Requires that within 90 -- -- -- -- modification days of enactment, DOT modify regulations in 14 CFR title 250, to conform to the bill's subsection on bumping and also to implement the IG's recommendations in its report on airline customer service commitment.12 Civil penalties Amends U.S. Code 49 sec. -- -- -- Identical to S. 319. -- 46301to extend the $2,500 per occurrence penalty to any violations of the consumer provisions of S. 319. [added in committee from S. 483] Code sharing Within 90 days of -- -- -- -- -- (the sharing of assets, such enactment, any large air as flight numbers, by carrier that maintains a different air carriers) domestic code-share arrangement shall conduct an annual audit of the code share carrier's compliance with the airline customer service commitment. 12 The text of this provision makes it unclear if the intent is for DOT to modify regulations to implement all the IG's recommendations or just those related to overbooking and bumping. CRS-20 Topic Airline Customer Airline Passenger Bill of Aviation Consumer Air Travelers Fair Fair Treatment of Airline Competition and Service Improvement Act Rights Act (H.R. 1734) Right to Know Act (H.R. Treatment Act (S. 200) Airline Passengers Act Passenger Rights Act (S. 319) Introduced May 3, 2001 332) Introduced Jan. 29, 2001 (S. 483) (H.R. 907) Reported March 15, 2001 (Sweeny/ Dingell) Introduced Jan. 31, 2001 (Reid) Introduced March 7, Introduced March 7, (McCain/Hollings/ (DeFazio/Slaughter) 2001 (Wyden) 2001 (Dingell) Hutchison/Wyden) Compliance assurance DOT shall: monitor -- -- -- -- -- (DOT functions) compliance to provisions of the Act and take enforcement action if necessary; monitor air carrier customer service QA and performance measurement systems; and review the air carriers' internal audits of their QA and performance measurement systems. Also [added in Committee] DOT shall monitor, in particular, air carrier performance of the information disclosure provisions of the Act concerning delay, cancellations, lowest fares, on-time performance, and bumping priorities, focusing on practices and patterns of conduct. CRS-21 Topic Airline Customer Airline Passenger Bill of Aviation Consumer Air Travelers Fair Fair Treatment of Airline Competition and Service Improvement Act Rights Act (H.R. 1734) Right to Know Act (H.R. Treatment Act (S. 200) Airline Passengers Act Passenger Rights Act (S. 319) Introduced May 3, 2001 332) Introduced Jan. 29, 2001 (S. 483) (H.R. 907) Reported March 15, 2001 (Sweeny/ Dingell) Introduced Jan. 31, 2001 (Reid) Introduced March 7, Introduced March 7, (McCain/Hollings/ (DeFazio/Slaughter) 2001 (Wyden) 2001 (Dingell) Hutchison/Wyden) Compliance assurance Within 90 days of -- -- -- Similar to S. 319, except -- (Air Carrier functions) enactment each large air that time frame after carrier must: establish a enactment is 6 months and customer service quality the air carriers are required assurance (QA) and to consult with the DOT performance system; IG. The bill also requires establish an internal audit that air carrier QA plans process to measure and audit systems be compliance with the submitted to DOT for commitments and its review and approval. customer service plan; and cooperate with any DOT audit of its QA system. Contracts of carriage: -- -- -- -- Air carriers must post -- availability of copies their contracts of carriage on their internet web sites and notify all ticketed customers that the contract is available upon request or on the carrier's web site. CRS-22 Topic Airline Customer Airline Passenger Bill of Aviation Consumer Air Travelers Fair Fair Treatment of Airline Competition and Service Improvement Act Rights Act (H.R. 1734) Right to Know Act (H.R. Treatment Act (S. 200) Airline Passengers Act Passenger Rights Act (S. 319) Introduced May 3, 2001 332) Introduced Jan. 29, 2001 (S. 483) (H.R. 907) Reported March 15, 2001 (Sweeny/ Dingell) Introduced Jan. 31, 2001 (Reid) Introduced March 7, Introduced March 7, (McCain/Hollings/ (DeFazio/Slaughter) 2001 (Wyden) 2001 (Dingell) Hutchison/Wyden) Contracts of carriage: Within 60 days air carriers -- -- -- Virtually identical to -- incorporation of Customer shall incorporate the S. 319 as reported. Service Commitments/ provisions of the "Airline customer service plans Customer Service Commitment" in their contracts of carriage. Also [added in committee from S. 483] provisions of carriers' customer service plans to the extent that the plan is more specific or broader than the service commitment. Customer service plan -- -- -- -- Any modification of any -- modification air carrier's customer service plan must be promptly incorporated in the carrier's contract of carriage, submitted to the DOT, and posted on the carrier's web site. Customer service plan Air carriers, if they have -- -- -- Identical to S. 319 as -- adoption not done it already, must reported. develop and adopt a customer service plan based on the ATA Service Commitments. The plan must be submitted to the DOT. [taken from S.483 and added in committee] CRS-23 Topic Airline Customer Airline Passenger Bill of Aviation Consumer Air Travelers Fair Fair Treatment of Airline Competition and Service Improvement Act Rights Act (H.R. 1734) Right to Know Act (H.R. Treatment Act (S. 200) Airline Passengers Act Passenger Rights Act (S. 319) Introduced May 3, 2001 332) Introduced Jan. 29, 2001 (S. 483) (H.R. 907) Reported March 15, 2001 (Sweeny/ Dingell) Introduced Jan. 31, 2001 (Reid) Introduced March 7, Introduced March 7, (McCain/Hollings/ (DeFazio/Slaughter) 2001 (Wyden) 2001 (Dingell) Hutchison/Wyden) Delays/cancellations: DOT shall include a table -- -- -- Similar to S. 319 but does -- chronically delayed or in the Air Travel not include the provision cancelled flight information Consumer Report that including the information publication shows flights chronically in a table of the Air Travel delayed by 15 minutes Consumer Report. It also 40% of the time or more sets the "consistently and flights canceled 30% canceled" level at 20%. of the time or more for the most recent 3-month period. Delays/cancellations: Chronically-delayed flight Virtually identical to S. -- -- A "consistently delayed or -- definitions of chronically- means a flight that has 319 except that section canceled flight" means a delayed or canceled flights. failed to arrive on time (i.e. 209 of H.R. 1734 requires flight that arrives 15 15 minutes or more after DOT, within 60 days of minutes or more, after its published arrival time) at enactment, issue final published arrival time, 40 least 40% of the time regulations defining what percent of the time during during the last 3 months constitutes a delay of a the 3 most recent months for which data are flight and what constitutes for which data are available. Chronically chronically delayed flights. available; or at least 20% canceled flight means a of the departures of which flight cancelled at least have been canceled during 30% of the time during the the most recent 3 months most recent 3-month for which data are period for which data are available. available. CRS-24 Topic Airline Customer Airline Passenger Bill of Aviation Consumer Air Travelers Fair Fair Treatment of Airline Competition and Service Improvement Act Rights Act (H.R. 1734) Right to Know Act (H.R. Treatment Act (S. 200) Airline Passengers Act Passenger Rights Act (S. 319) Introduced May 3, 2001 332) Introduced Jan. 29, 2001 (S. 483) (H.R. 907) Reported March 15, 2001 (Sweeny/ Dingell) Introduced Jan. 31, 2001 (Reid) Introduced March 7, Introduced March 7, (McCain/Hollings/ (DeFazio/Slaughter) 2001 (Wyden) 2001 (Dingell) Hutchison/Wyden) Delays/cancellations: right -- Air carriers shall not -- Identical to H.R. 1734. -- Identical to H.R. 1734. to de-plane. prevent a passenger from leaving the aircraft if the aircraft is at the gate with access to ramp facilities and the aircraft has remained at the gate for more than an hour and the captain has not been informed by ATC that the aircraft can be cleared for departure in 15 minutes. Delays/cancellations: Large air carriers must Failure to disclose, -- -- Identical to S. 319. Failure of an air carrier to disclosure of chronically- disclose, without being without being asked, the inform the consumer that a delayed or canceled flights. asked, the on-time on-time performance and requested flight includes a performance and cancellation rate for a segment that in the cancellation rate for any chronically delayed or preceding calendar month chronically-delayed or chronically canceled flight was either cancelled or cancelled flights whenever whenever a customer delayed, 40% of the time, a customer makes a makes a reservation or at least 30 minutes past reservation or buys a purchases a ticket on such arrival time is made an ticket. a flight is defined as an unfair or deceptive unfair or deceptive trade practice and unfair method practice and unfair method of competition. of competition under 49 U.S.C. 41712. CRS-25 Topic Airline Customer Airline Passenger Bill of Aviation Consumer Air Travelers Fair Fair Treatment of Airline Competition and Service Improvement Act Rights Act (H.R. 1734) Right to Know Act (H.R. Treatment Act (S. 200) Airline Passengers Act Passenger Rights Act (S. 319) Introduced May 3, 2001 332) Introduced Jan. 29, 2001 (S. 483) (H.R. 907) Reported March 15, 2001 (Sweeny/ Dingell) Introduced Jan. 31, 2001 (Reid) Introduced March 7, Introduced March 7, (McCain/Hollings/ (DeFazio/Slaughter) 2001 (Wyden) 2001 (Dingell) Hutchison/Wyden) Delays/cancellations: Within 60 days air carriers Requires that air carriers, Identical to S. 319. Failure of an air carrier to Virtually identical to Identical to H.R. 1734. notification shall implement a policy when announcing a delay, provide a passenger with S. 319 as reported. Does to require that air carriers cancellation, or diversion an accurate explanation of not set a 60 day provide in a timely, of a flight segment, the reasons for a flight implementation target. reasonable, and truthful provide, in a timely and delay, cancellation, or manner, the best available truthful fashion, must diversion from a ticketed information regarding each include an explanation of itinerary is defined as an delay, cancellation, or the reason or reasons for "unfair or deceptive diversion, including: the the delay, cancellation, or practice" and "unfair cause of the delay, diversion. Requires DOT, method of competition" cancellation, or diversion; not later than 1 year after under 49 U.S.C. 41712. and in the case of a the date of enactment, to delayed flight the carrier's issue guidance to assist air best estimate of the carriers in carrying out the departure time. [taken notification requirements. from S. 483 and added in Committee] Delays/cancellations: Within 90 days of Air carriers, whenever -- -- Within 6 months of Identical to H.R. 1734. advance information on enactment, large air carriers practicable, shall attempt enactment, air carriers shall delayed or cancelled flights shall establish a system to provide a passenger establish a reasonable that allows passengers, with notice of a delay or system for notifying before they leave for the cancellation of a flight passengers before their airport, to determine segment before passengers arrival at the airport, when whether a flight has been depart for the airport. the carrier knows cancelled or if there is a sufficiently in advance that lengthy delay. the flight will be canceled or delayed by an hour or more. CRS-26 Topic Airline Customer Airline Passenger Bill of Aviation Consumer Air Travelers Fair Fair Treatment of Airline Competition and Service Improvement Act Rights Act (H.R. 1734) Right to Know Act (H.R. Treatment Act (S. 200) Airline Passengers Act Passenger Rights Act (S. 319) Introduced May 3, 2001 332) Introduced Jan. 29, 2001 (S. 483) (H.R. 907) Reported March 15, 2001 (Sweeny/ Dingell) Introduced Jan. 31, 2001 (Reid) Introduced March 7, Introduced March 7, (McCain/Hollings/ (DeFazio/Slaughter) 2001 (Wyden) 2001 (Dingell) Hutchison/Wyden) Delays/cancellations: -- -- -- -- Air carriers that have a -- public information telephone number or web (phone/WEB) on delayed, site for the public to cancelled, or diverted obtain flight status shall flights ensure that the number or web site will reflect the best and most current information on delays, cancellations, and diversions. Delays/cancellations: By the 5th of each month, -- -- -- Virtually identical to -- disclosure of on-time air carriers must post the S. 319, but does not set the performance on-time performance for 5th day of the month each scheduled flight for deadline for posting on- the previous month on the time performance. air carrier websites. Delays: improvement Within 90 days of -- -- -- -- -- targets for delayed or enactment, large air carriers cancelled flights shall establish realistic targets for reducing chronically-delayed flights. CRS-27 Topic Airline Customer Airline Passenger Bill of Aviation Consumer Air Travelers Fair Fair Treatment of Airline Competition and Service Improvement Act Rights Act (H.R. 1734) Right to Know Act (H.R. Treatment Act (S. 200) Airline Passengers Act Passenger Rights Act (S. 319) Introduced May 3, 2001 332) Introduced Jan. 29, 2001 (S. 483) (H.R. 907) Reported March 15, 2001 (Sweeny/ Dingell) Introduced Jan. 31, 2001 (Reid) Introduced March 7, Introduced March 7, (McCain/Hollings/ (DeFazio/Slaughter) 2001 (Wyden) 2001 (Dingell) Hutchison/Wyden) Delays: liability for -- -- -- -- -- Liability for delay of excessive delays between 2 and 3 hours is set at 200% of price paid for the ticket. Liability over 3 hours is an additional 100% for each additional hour or portion of hour above 3 hours delay. Exempts delays caused by certain ATC directives, mechanical, and other safety concerns. Disabled and special needs Within 90 days of -- -- -- -- -- services enactment, large air carriers shall monitor and report their efforts to improve services for passengers with disabilities and special needs. Disabled passengers' Requires DOT to study -- -- -- -- -- equipment incidents of damage to the equipment (such as wheel chairs) of passengers with disabilities. CRS-28 Topic Airline Customer Airline Passenger Bill of Aviation Consumer Air Travelers Fair Fair Treatment of Airline Competition and Service Improvement Act Rights Act (H.R. 1734) Right to Know Act (H.R. Treatment Act (S. 200) Airline Passengers Act Passenger Rights Act (S. 319) Introduced May 3, 2001 332) Introduced Jan. 29, 2001 (S. 483) (H.R. 907) Reported March 15, 2001 (Sweeny/ Dingell) Introduced Jan. 31, 2001 (Reid) Introduced March 7, Introduced March 7, (McCain/Hollings/ (DeFazio/Slaughter) 2001 (Wyden) 2001 (Dingell) Hutchison/Wyden) Emergency medical DOT shall issue -- -- Identical to S. 319. -- -- services regulations to establish minimum standards for resuscitation, emergency medical, and first-aid equipment and supplies to be carried on board an aircraft operated by an air carrier that is capable of carrying more than 30 people. Requires consultation with the Surgeon General. Emergency plans Within 90 days of An Air carrier shall assure -- -- -- Within 180 days of enactment air carriers shall access to necessary enactment DOT shall issue ensure that comprehensive services and conditions, final regulations requiring passenger service including food, water, air carriers to submit contingency plans are restroom facilities, and the emergency plans to ensure properly maintained and ability to deplane in the passenger access to that the plans and any event of a weather or other necessary services and changes to the plans are emergency. Not later than conditions, including food, coordinated with local 180 days of enactment, water, restroom facilities, airport authorities and the DOT will require air and the ability to deplane FAA. carriers to submit in the event of a weather emergency plans or other emergency. describing how they will meet this assurance. CRS-29 Topic Airline Customer Airline Passenger Bill of Aviation Consumer Air Travelers Fair Fair Treatment of Airline Competition and Service Improvement Act Rights Act (H.R. 1734) Right to Know Act (H.R. Treatment Act (S. 200) Airline Passengers Act Passenger Rights Act (S. 319) Introduced May 3, 2001 332) Introduced Jan. 29, 2001 (S. 483) (H.R. 907) Reported March 15, 2001 (Sweeny/ Dingell) Introduced Jan. 31, 2001 (Reid) Introduced March 7, Introduced March 7, (McCain/Hollings/ (DeFazio/Slaughter) 2001 (Wyden) 2001 (Dingell) Hutchison/Wyden) Enforcement funding: Calls for DOT to increase -- -- -- Specifies that in utilizing -- funding for DOT the Department resources enforcement monies enforcement of airline for airline passenger authorized in AIR21 DOT passenger consumer consumer protection of shall give priority to the protection provisions airline passengers and for areas identified by the IG oversight and enforcement as needing improvement in of laws and regulations. its final report on the Within 60 days of Airline Customer Service enactment, DOT shall Commitment. Requires report to the Senate consultation with the IG. Commerce Committee and the House, Transportation and Infrastructure Committee of measures taken to increase resources and request additional funds or measures needed. Fares: access to lowest Within 60 days, large air Failure of an air carrier to Requires air carriers to -- Virtually identical to Virtually identical to fares carriers must implement provide full access to all provide full access to all S. 319, except that the H.R. 1734. policies, when quoting the fares provided by the fares regardless of the provision does not require lowest fares, to: include carrier, regardless of the technology used to access notification of lower fares fares available at the air method used to contact an the fares. Requires that air on the internet. carrier's ticket offices and air carrier is defined as an carriers, on request of any ticket counters; and notify unfair or deceptive person, permit the person customers that lower fares practice and unfair method to purchase air may be available through of competition per 49 U.S. transportation provided by other distribution systems, C. 41712. the carrier at any including internet web published fare. sites. CRS-30 Topic Airline Customer Airline Passenger Bill of Aviation Consumer Air Travelers Fair Fair Treatment of Airline Competition and Service Improvement Act Rights Act (H.R. 1734) Right to Know Act (H.R. Treatment Act (S. 200) Airline Passengers Act Passenger Rights Act (S. 319) Introduced May 3, 2001 332) Introduced Jan. 29, 2001 (S. 483) (H.R. 907) Reported March 15, 2001 (Sweeny/ Dingell) Introduced Jan. 31, 2001 (Reid) Introduced March 7, Introduced March 7, (McCain/Hollings/ (DeFazio/Slaughter) 2001 (Wyden) 2001 (Dingell) Hutchison/Wyden) Federal preemption of -- Narrows the federal Identical to H.R. 1734. Identical to H.R. 1734. -- Identical to H.R. 1734. state consumer law preemption of state laws, specifying that only state laws that directly prescribe a price, route, or level of service provided by an air carrier are preempted. Frequent flyer information Within 90 days of -- On request, carriers must -- Virtually identical to -- enactment, large air carriers disclose the number or S. 319. However, also shall make available to the percentage of seats that requires the reporting of public a comprehensive will be made available for the overall percentage of report of frequent flyer frequent flyer award successful redemptions by redemption information, passengers on any specific each air carrier. including: percentage of date and route. successful redemption awards; and number of seats available in the carrier's top 100 origin and destination markets. CRS-31 Topic Airline Customer Airline Passenger Bill of Aviation Consumer Air Travelers Fair Fair Treatment of Airline Competition and Service Improvement Act Rights Act (H.R. 1734) Right to Know Act (H.R. Treatment Act (S. 200) Airline Passengers Act Passenger Rights Act (S. 319) Introduced May 3, 2001 332) Introduced Jan. 29, 2001 (S. 483) (H.R. 907) Reported March 15, 2001 (Sweeny/ Dingell) Introduced Jan. 31, 2001 (Reid) Introduced March 7, Introduced March 7, (McCain/Hollings/ (DeFazio/Slaughter) 2001 (Wyden) 2001 (Dingell) Hutchison/Wyden) Information monitors: Within 90 days of Air carriers shall ensure -- -- Identical to S. 319. Identical to S. 319. coordination of departure enactment each large air that information monitors and arrival displays carrier shall ensure that at the airport concerned master airport flight display timely and information display accurate arrival and monitors contain accurate, departure information. up-to-date flight information and are consistent with the carriers' own flight information display monitors Initial response reports Within 90 days of -- -- -- -- -- enactment, each large carrier shall report to the DOT on its implementation of the obligations imposed by the act. Within 270 days the Secretary of DOT shall report on the implementation by the large carriers of the obligations imposed on them by the terms of this Act. CRS-32 Topic Airline Customer Airline Passenger Bill of Aviation Consumer Air Travelers Fair Fair Treatment of Airline Competition and Service Improvement Act Rights Act (H.R. 1734) Right to Know Act (H.R. Treatment Act (S. 200) Airline Passengers Act Passenger Rights Act (S. 319) Introduced May 3, 2001 332) Introduced Jan. 29, 2001 (S. 483) (H.R. 907) Reported March 15, 2001 (Sweeny/ Dingell) Introduced Jan. 31, 2001 (Reid) Introduced March 7, Introduced March 7, (McCain/Hollings/ (DeFazio/Slaughter) 2001 (Wyden) 2001 (Dingell) Hutchison/Wyden) Insecticide warnings -- -- Prohibits air carriers from -- -- -- selling tickets for a flight on which an insecticide is planned to be used in the aircraft while passengers are on board unless the carrier or ticket agent selling the ticket notifies the customer and provides the name of the insecticide. Overnight Within 60 days of If an involuntarily bumped -- -- -- -- accommodations: plans enactment air carriers must passenger's scheduled for passengers stranded establish a plan with alternative departure time overnight respect to passengers who is not within the same day must unexpectedly remain the passenger shall receive overnight due to flight reasonable and immediate delays, cancellations, or compensation for hotel diversions. costs. CRS-33 Topic Airline Customer Airline Passenger Bill of Aviation Consumer Air Travelers Fair Fair Treatment of Airline Competition and Service Improvement Act Rights Act (H.R. 1734) Right to Know Act (H.R. Treatment Act (S. 200) Airline Passengers Act Passenger Rights Act (S. 319) Introduced May 3, 2001 332) Introduced Jan. 29, 2001 (S. 483) (H.R. 907) Reported March 15, 2001 (Sweeny/ Dingell) Introduced Jan. 31, 2001 (Reid) Introduced March 7, Introduced March 7, (McCain/Hollings/ (DeFazio/Slaughter) 2001 (Wyden) 2001 (Dingell) Hutchison/Wyden) Partial ticket use -- Any action by an air Airlines may not assess a -- -- Identical to H.R. 1734. carrier to prohibit or fee against or prohibit a impose an additional fee or passenger from using only charge on a person that part of a ticket (including purchases air 1-way travel on a round- transportation from using trip ticket). only a portion of the ticket purchased (including 1- way use travel instead of round trip travel) is defined as an unfair or deceptive practice and unfair method of competition per 49 U.S.C. 14712. Passenger rights -- Within 180 days of -- -- -- Identical to H.R. 1734. publication enactment DOT shall, by rule: issue a statement that outlines consumer rights of air passengers; require air carriers to provide the statement to each passenger by conspicuous written material including­on a safety placard given to passenger on the aircraft; on information available at the ticket counter; and on or with the passenger's ticket. CRS-34 Topic Airline Customer Airline Passenger Bill of Aviation Consumer Air Travelers Fair Fair Treatment of Airline Competition and Service Improvement Act Rights Act (H.R. 1734) Right to Know Act (H.R. Treatment Act (S. 200) Airline Passengers Act Passenger Rights Act (S. 319) Introduced May 3, 2001 332) Introduced Jan. 29, 2001 (S. 483) (H.R. 907) Reported March 15, 2001 (Sweeny/ Dingell) Introduced Jan. 31, 2001 (Reid) Introduced March 7, Introduced March 7, (McCain/Hollings/ (DeFazio/Slaughter) 2001 (Wyden) 2001 (Dingell) Hutchison/Wyden) Review of regulations Within one year of -- -- -- Virtually identical to -- enactment DOT shall S. 319, except that the complete a thorough specific areas of review are review of the set forth. Department's regulations that relate to air carriers' treatment of customers, and make such modifications as may be necessary or appropriate to ensure the enforceability of those regulations and the provisions of this Act.[provision of S.483 that was added in committee] Safety: access to safety -- -- -- Air carriers must provide, -- -- information upon passenger request, information on safety inspection reviews, the carrier's safety ranking, and crew certification. Safety: performance -- -- -- Annually DOT will -- -- review reports submit a performance review report to Congress that includes each carrier's number of accidents and the makes of aircraft involved. CRS-35 Topic Airline Customer Airline Passenger Bill of Aviation Consumer Air Travelers Fair Fair Treatment of Airline Competition and Service Improvement Act Rights Act (H.R. 1734) Right to Know Act (H.R. Treatment Act (S. 200) Airline Passengers Act Passenger Rights Act (S. 319) Introduced May 3, 2001 332) Introduced Jan. 29, 2001 (S. 483) (H.R. 907) Reported March 15, 2001 (Sweeny/ Dingell) Introduced Jan. 31, 2001 (Reid) Introduced March 7, Introduced March 7, (McCain/Hollings/ (DeFazio/Slaughter) 2001 (Wyden) 2001 (Dingell) Hutchison/Wyden) Small air carrier exception -- -- -- -- Small air carriers that -- operate no aircraft with more than 30 seats are excepted from the provisions of proposed sections 41722 and 41723 of the Act. Ticket agent appointment -- Air carriers must provide -- Identical to H.R. 1734. -- Identical to H.R. 1734. cancellation 90 days notice to a ticket agent whose appointment the carrier wishes to cancel, terminate, or not renew, giving a full written statement of the reasons. The ticket agent must then be given 60 days to correct any deficiency. Victims assistance: civil -- -- -- An air carrier that fails to -- -- penalties for failure to provide information provide safety or victims' required under the bill's assistance information safety and victims assistance provisions shall be liable for a civil penalty not to exceed $100,000 per violation. Victims' assistance toll -- -- -- The NTSB will establish a -- -- free telephone toll free telephone number to provide victims access to accident information. Topic Airline Customer Airline Passenger Bill of Aviation Consumer Air Travelers Fair Fair Treatment of Airline Competition and Service Improvement Act Rights Act (H.R. 1734) Right to Know Act (H.R. Treatment Act (S. 200) Airline Passengers Act Passenger Rights Act (S. 319) Introduced May 3, 2001 332) Introduced Jan. 29, 2001 (S. 483) (H.R. 907) Reported March 15, 2001 (Sweeny/ Dingell) Introduced Jan. 31, 2001 (Reid) Introduced March 7, Introduced March 7, (McCain/Hollings/ (DeFazio/Slaughter) 2001 (Wyden) 2001 (Dingell) Hutchison/Wyden) Victims' assistance -- -- -- The NTSB will coordinate -- -- coordination with the Red Cross and federal agencies to assure the coordination of the disclosure of information and assistance to victims of aircraft accidents. Victims' rights to -- -- -- The National -- ­ information Transportation Safety Board (NTSB) will establish and run a program for victims and survivors of aircraft accidents. Victims are to receive immediate and unrestricted access to information from the carrier, federal, state, and local governments. ------------------------------------------------------------------------------ For other versions of this document, see http://wikileaks.org/wiki/CRS-RL30940