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Calendar No. 282
106th CONGRESS
1st Session
S. 383
[Report No. 106-162]
To establish a national policy of basic consumer fair treatment for
airline passengers.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 6, 1999
Mr. Wyden (for himself, Mr. McCain, Ms. Snowe, Mr. Bryan, and Mr.
Feingold) introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
September 22, 1999
Reported by Mr. Lott (for Mr. McCain), with an amendment in the nature
of a substitute
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To establish a national policy of basic consumer fair treatment for
airline passengers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Airline Passenger Fairness
Act''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> The Congress makes the following findings:</DELETED>
<DELETED> (1) The number of airline passengers on United
States carriers is expected to grow from about 600 million per
year today to about 1 billion by the year 2008.</DELETED>
<DELETED> (2) Since 1978 the number of certified large air
carriers has decreased from 30 to 10. In 1998, 6 of the United
States' largest air carriers sought to enter into arrangements
that would result in 3 large networks comprising approximately
70 percent of the domestic market.</DELETED>
<DELETED> (3) Only </DELETED>\<DELETED>2/3</DELETED>\
<DELETED>of all communities in the United States that had
scheduled air service in 1978 still have it today, and
</DELETED>\<DELETED>1/2</DELETED>\ <DELETED>of those remaining
are served by smaller airlines feeding hub airports.</DELETED>
<DELETED> (4) The Department of Transportation's Domestic
Airline Fares Consumer Report for the 3rd Quarter of 1997
listed 75 major city pairs where fares increased by 30 percent
or more year-over-year, while total traffic in these city pairs
decreased by 863,500 passengers, or more than 20
percent.</DELETED>
<DELETED> (5) A 1998 Department of Transportation study
found that large United States air carriers charge twice as
much at their large hub airports where there is no low fare
competition as they charge at a hub airport where a low fare
competitor is present. The General Accounting Office found that
fares range from 12 percent to 71 percent higher at hubs
dominated by one carrier or a consortium.</DELETED>
<DELETED> (6) Complaints filed with the Department of
Transportation about airline travel have increased by more than
25 percent over the previous year, and complaints against large
United States air carriers have increased from 6,394 in 1997 to
7,994 in 1998.</DELETED>
<DELETED> (7) The 1997 National Civil Aviation Review
Commission reported that recent data indicate the problem of
delay in flights is getting worse, and that the number of daily
aircraft delays of 15 minutes or longer was nearly 20 percent
higher in 1996 than in 1995.</DELETED>
<DELETED> (8) The l997 National Civil Aviation Review
Commission forecast that United States domestic and
international passenger enplanements are expected to increase
52 percent between 1996 and 2006, and the Federal Aviation
Administration forecasts annual growth in revenue passenger
miles will average 4.2 percent.</DELETED>
<DELETED> (9) A l998 Department of Transportation study
found that the large United States air carriers charge about 60
percent more to passengers traveling to or from small
communities than they charge to passengers traveling between
large communities.</DELETED>
<DELETED> (10) The Congress has directed the Secretary of
Transportation to prohibit unfair and deceptive practices in
the airline industry.</DELETED>
<DELETED>SEC. 3. FAIR PRACTICES FOR AIRLINE PASSENGERS.</DELETED>
<DELETED> Section 41712 of title 49, United States Code, is
amended--</DELETED>
<DELETED> (1) by striking ``On the initiative'' and
inserting ``(a) Duty of the Secretary.--On the initiative'';
and</DELETED>
<DELETED> (2) by adding at the end thereof the
following:</DELETED>
<DELETED> ``(b) Specific Practices.--For purposes of subsection (a),
the terms `unfair or deceptive practice' and `unfair method of
competition' include, in the case of a certificated air carrier, an air
carrier's failure--</DELETED>
<DELETED> ``(1) to inform a ticketed passenger, upon
request, whether the flight on which the passenger is ticketed
is oversold;</DELETED>
<DELETED> ``(2) to permit a passenger holding a confirmed
reserved space on a flight to use portions of that passenger's
ticket for travel, rather than the entire ticket, regardless of
the reason any other portion of the ticket is not
used;</DELETED>
<DELETED> ``(3) to deliver a passenger's checked baggage
within 24 hours after arrival of the flight on which the
passenger travelled and on which the passenger checked the
baggage, except for reasonable delays in delivery of such
baggage;</DELETED>
<DELETED> ``(4) to provide a consumer full access to all
fares for that air carrier, regardless of the technology the
consumer uses to access the fares if such information is
requested by that consumer;</DELETED>
<DELETED> ``(5) to provide notice to each passenger holding
a confirmed reserved space on a flight with reasonable prior
notice when a scheduled flight will be delayed for any reason
(other than reasons of national security);</DELETED>
<DELETED> ``(6) to inform passengers accurately and
truthfully of the reason for the delay, cancellation, or
diversion of a flight;</DELETED>
<DELETED> ``(7) to refund the full purchase price of an
unused ticket if the passenger requests a refund within 48
hours after the ticket it purchased;</DELETED>
<DELETED> ``(8) to disclose to consumers information that
would enable them to make informed decisions about the
comparative value of frequent flyer programs among airlines,
including--</DELETED>
<DELETED> ``(A) the number of seats redeemable on
each flight; and</DELETED>
<DELETED> ``(B) the percentage of successful and
failed redemptions on each airline and on each
flight.</DELETED>
<DELETED> ``(c) Report.--The Secretary shall include information
about violations of subsection (a) by certificated air carriers in the
Department of Transportation's monthly Air Travel Consumer
Report.</DELETED>
<DELETED> ``(d) Confirmed reserved space.--The term `confirmed
reserved space' shall mean a space on a specific date and on a specific
flight and class of service of a carrier which has been requested by a
passenger and which the carrier or its agent has verified, by
appropriate notation on the ticket or in any other manner provided by
the carrier, as being reserved for the accommodation of the
passenger.''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Airline Customer Service Commitment
Act''.
SEC. 2. AIRLINE CUSTOMER SERVICE REPORTS.
(a) Secretary To Report Plans Received.--Each air carrier that
provides scheduled passenger air transportation and that is a member of
the Air Transport Association, all of which have entered into the
voluntary customer service commitments established by the Association
on June 17, 1999, (hereinafter referred to as the ``Airline Customer
Service Commitment''), shall provide a copy of its individual customer
service plan to the Secretary of Transportation by September 15, 1999.
The Secretary, upon receipt of the individual plans, shall report to
the Senate Committee on Commerce, Science, and Transportation and to
the House of Representatives Committee on Transportation and
Infrastructure the receipt of each such plan and transmit a copy of
each plan.
(b) Implementation.--The Inspector General of the Department of
Transportation shall monitor the implementation of any plan submitted
to the Secretary under subsection (a) and evaluate the extent to which
each such carrier has met its commitments under its plan. Each such
carrier shall provide such information to the Inspector General as may
be necessary for the Inspector General to prepare the report required
by subsection (c).
(c) Reports to the Congress.--
(1) Interim report.--The Inspector General shall submit a
report of the Inspector General's findings under subsection (a)
to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure by June 15, 2000, that
includes a status report on completion, publication, and
implementation of the Airline Customer Service Commitment and
the individual airline plans to carry it out.
(2) Final report; recommendations.--
(A) In general.--The Inspector General shall submit
a final report to the Senate Committee on Commerce,
Science, and Transportation and the House of
Representatives Committee on Transportation and
Infrastructure by December 31, 2000, on the
effectiveness of the Airline Customer Service
Commitment and the individual airline plans to carry it
out. The report may include any recommendation the
Inspector General finds appropriate to improve consumer
protections afforded to commercial air passengers.
(B) Specific content.--In the final report under
subparagraph (A), the Inspector General shall--
(i) evaluate each carrier's plan for
whether it is consistent with the voluntary
commitments established by the Air Transport
Association in the Airline Customer Service
Commitment;
(ii) evaluate each carrier as to the extent
to which, and the manner in which, it has
performed in carrying out its plan;
(iii) identify, by air carrier, how it has
implemented each commitment covered by its
plan; and
(iv) provide an analysis, by air carrier,
of the methods of meeting each commitment, and
in such analysis provide information that
allows consumers to make decisions on the
quality of air transportation provided by such
carriers.
SEC. 3. INCREASED FINANCIAL RESPONSIBILITY FOR LOST BAGGAGE.
The Secretary of Transportation shall initiate a rule making within
30 days after the date of enactment of this Act to increase the
domestic baggage liability limit in part 254 of title 14, Code of
Federal Regulations.
SEC. 4. INCREASED PENALTY FOR VIOLATION OF AVIATION CONSUMER PROTECTION
LAWS.
Section 46301(a) of title 49, United States Code, is amended by
adding at the end thereof the following:
``(7) Consumer protection.--For a violation of section
41310, 41712, any rule or regulation promulgated thereunder, or
any other rule or regulation promulgated by the Secretary of
Transportation that is intended to afford protection to
commercial air transportation consumers, the maximum civil
penalty prescribed by subsection (a) may not exceed $2,500 for
each violation.''.
SEC. 5. COMPTROLLER GENERAL INVESTIGATION.
The Comptroller General of the United States shall study the
potential effects on aviation consumers, including the impact on fares
and service to small communities, of a requirement that air carriers
permit a ticketed passenger to use any portion of a multiple-stop or
round-trip air fare for transportation independent of any other portion
without penalty. The Comptroller General shall submit a report, based
on the study, to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure by June 15, 2000.
Calendar No. 282
106th CONGRESS
1st Session
S. 383
[Report No. 106-162]
_______________________________________________________________________
A BILL
To establish a national policy of basic consumer fair treatment for
airline passengers.
_______________________________________________________________________
September 22, 1999
Reported with an amendment in the nature of a substitute
Pages: 1 Other Popular 106th Congressional Bills Documents:
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