,,ii #aahth ,,congress #ast ,session ,s4 #agh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #ca1 #bjbc,mr4 ,blumenthal 7for himself1 ,mr4 ,markey1 ,mr4 ,whitehouse1 ,mr4 ,casey1 ,mr4 ,wyden1 and ,mr4 ,sanders7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to establish protections for passengers in air transportation1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,airline ,passengers' ,bill of ,rights4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,,title ,i--,passenger protections,sec4 #aja4 ,rules regarding compensation provided to passengers4,sec4 #ajb4 ,minimum compensation provided to passengers involuntarily denied boarding4,sec4 #ajc4 ,delays and cancellations4,sec4 #ajd4 ,unfair and deceptive attribution of delays and cancellations to force majeure events4,sec4 #aje4 ,interline agreements and protections4,sec4 #ajf4 ,protections relating to space for passengers on aircraft4,sec4 #ajg4 ,availability of lavatories on passenger aircraft4,sec4 #ajh4 ,availability of potable water on passenger aircraft4,sec4 #aji4 ,training on rights of passengers4,sec4 #aaj4 ,report on quality and safety of food and water on passenger aircraft4,sec4 #aaa4 ,report on sufficiency of available flight crews and aircraft4,,title ,,ii--,consumer protections,sec4 #bja4 ,protections relating to the imposition of fees that are not reasonable and proportional to the costs incurred4,sec4 #bjb4 ,protections relating to disclosure of flight information4,sec4 #bjc4 ,transparency in pricing of tickets in air transportation4,sec4 #bjd4 ,disclosure of lowest fares for air transportation4,sec4 #bje4 ,frequent flyer programs fairness and transparency4,sec4 #bjf4 ,refunds for lost1 damaged1 delayed1 or pilfered baggage4,sec4 #bjg4 ,passenger rights transparency4,sec4 #bjh4 ,private right of action against unfair and deceptive practices4,sec4 #bji4 ,fairness and transparency in contracts of carriage4,sec4 #baj4 ,private right of action for discrimination claims against air carriers4,sec4 #baa4 ,no preemption of consumer protection claims4,sec4 #bab4 ,invalidation of pre-dispute arbitration and class-action waiver clauses in certain contracts relating to passenger air transportation4,sec4 #bac4 ,consumer complaint process improvement4,,title ,,iii--,penalties for air carriers,sec4 #cja4 ,increase in civil penalty for violations of passenger protection laws4,sec4 #cjb4 ,report on imposition of civil penalties4,sec4 #cjc4 ,study of distribution of civil penalties to consumers4,sec4 #cjd4 ,prohibition on negotiation of reductions in civil penalties4,,title ,,iv--,competitiveness of air carriers,sec4 #dja4 ,analysis of air carrier mergers4 #b4 ,definitions ,except as otherwise specifically provided1 in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,aviation ,administration4 7#b7 ,advisory ,committee for ,aviation ,consumer ,protection ,the term ,advisory ,committee for ,aviation ,consumer ,protection means the advisory committee established under section #daa of the ,,faa ,modernization and ,reform ,act of #bjab 7#di ,u4,s4,c4 #dbcja note prec474 7#c7 ,air carrier ,the term air carrier means an air carrier or foreign air carrier1 as those terms are defined in section #djajb of title #di1 ,united ,states ,code4 7#d7 ,air transportation ,the term air transportation has the meaning given that term in section #djajb of title #di1 ,united ,states ,code4 7#e7 ,ancillary fee ,the term ancillary fee1 with respect to a fee imposed by an air carrier1 means any fee for an optional service1 including any fee for a first or second checked bag or a carry-on bag1 cancellation of an itinerary1 changes in an itinerary1 seat assignment1 or advance boarding4 7#f7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7#g7 ,passenger air transportation ,the term passenger air transportation means1 with respect to the transportation of passengers by aircraft as a common carrier for compensation1 foreign air transportation1 interstate air transportation1 and intrastate air transportation1 as such terms are defined in section #djajb of title #di1 ,united ,states ,code4 7#h7 ,purchase ,the term purchase1 with respect to a ticket for travel in air transportation1 means the purchase of a ticket using cash or credit or using miles awarded through the frequent flyer program of an air carrier4 7#i7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7#aj7 ,ticket agent ,the term ticket agent has the meaning given that term in section #djajb of title #di1 ,united ,states ,code4 ,i ,passenger protections #aja4 ,rules regarding compensation provided to passengers ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall prescribe regulations-- 7#a7 allowing an air carrier to offer compensation to a passenger to incentivize the passenger to relinquish the passenger's seat on a flight operated by the air carrier2 7#b7 prohibiting an air carrier from imposing a cap on the amount of compensation the air carrier can provide to a passenger in exchange for the passenger relinquishing a seat2 and 7#c7 requiring an air carrier to provide any compensation provided to a passenger in exchange for the passenger relinquishing a seat in the form of cash4 #ajb4 ,minimum compensation provided to passengers involuntarily denied boarding ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall1 notwithstanding section #dbe7;e77#b7 of the ,,faa ,reauthorization ,act of #bjah1 issue a final rule to revise part #bej of title #ad1 ,code of ,federal ,regulations1 to establish that #a1cej is the minimum level of compensation an air carrier or foreign air carrier must pay to a passenger who is involuntarily denied boarding as the result of an oversold flight4 #ajc4 ,delays and cancellations 7a7 ,regulations ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall prescribe regulations requiring1 if a passenger's flight is delayed or cancelled for any reason within the control of the air carrier 7including crew scheduling1 routine maintenance1 functioning of information technology systems1 passenger service issues1 issues related to baggage services1 issues related to ground handling of aircraft1 or other reasons as specified by the ,secretary7 and-- 7#a7 the passenger's arrival at the passenger's destination is delayed by more than #a hour and less than #d hours after the originally scheduled arrival of the passenger1 the air carrier-- 7,a7 to automatically refund to the passenger the amount the passenger paid for the ticket2 and 7,b7 to find a seat for the passenger on another flight operated by the air carrier1 on a flight operated by another air carrier1 or on an alternative means of transportation1 at no additional expense to the passenger1 that results in the passenger arriving at the passenger's destination not later than #d hours after the original scheduled arrival time2 7#b7 the passenger's arrival at the passenger's destination is delayed by more than #d hours after the originally scheduled arrival of the passenger1 the air carrier-- 7,a7 to automatically refund to the passenger the amount the passenger paid for the ticket2 7,b7 to find a seat for the passenger on another flight operated by the air carrier1 on a flight operated by another air carrier1 or on an alternative means of transportation1 at no additional expense to the passenger1 at the earliest available opportunity1 if the passenger so chooses2 7,c7 to provide compensation to the passenger of #a1cej cash2 and 7,d7 to provide a passenger with an amount equal to the cost of a meal2 and 7#c7 the passenger's departure is delayed until the next day1 the air carrier to provide the passenger with an amount equal to the cost of hotel lodging1 in addition to the requirements of paragraph 7#b74 7b7 ,savings provision ,nothing in this section shall be construed as affecting the authority of an air carrier to maximize its system capacity during weather-related events to accommodate the greatest number of passengers4 #ajd4 ,unfair and deceptive attribution of delays and cancellations to force majeure events ,section #dagab of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,attribution of delays and cancellations to force majeure events ,it shall be an unfair or deceptive practice under subsection 7a7 for an air carrier or foreign air carrier to attribute the delay or cancellation of a flight operated by the carrier or by another air carrier or foreign air carrier with which the carrier has a codesharing or other joint marketing arrangement to a force majeure event unless the delay or cancellation is caused by an event not within the control of the air carrier operating the flight1 such as weather1 an act of ,god1 or a war or other hostilities4 4 #aje4 ,interline agreements and protections 7a7 ,regulations ,not later than #a year after the date of the enactment of this ,act1 the ,secretary shall prescribe regulations-- 7#a7 to facilitate interline agreements and related practices between air carriers and providers of other modes of transportation2 and 7#b7 to establish a complaint and remediation process through which parties may submit complaints and resolve disputes regarding the establishment and implementation of interline agreements4 7b7 ,interline agreements ,the regulations prescribed pursuant to subsection 7a77#a7 shall-- 7#a7 include provisions to prevent air carriers and other transportation providers from significantly hindering or preventing willing air carriers or other transportation providers from entering into interline agreements or conducting related practices2 7#b7 require air carriers to explicitly notify passengers when they are eligible to be provided transportation by another air carrier or a provider of another mode of transportation2 7#c7 after an eligible passenger is notified under paragraph 7#b71 require air carriers to attempt to provide to the passenger transportation through another air carrier or a provider of another mode of transportation1 upon the passenger's request1 if the air carrier has an interline agreement with the other air carrier or transportation provider2 7#d7 prohibit air carriers and other transportation providers from unduly or improperly influencing the decision of a partner1 subsidiary1 or vendor to enter into an interline agreement1 the terms or conditions of such an agreement1 or related practices2 7#e7 account for operational records1 seat availability1 and capacity2 and 7#f7 promote competition and the public interest4 7c7 ,complaint and remediation process ,the complaint and remediation processes established pursuant to subsection 7a77#b7 may provide for appropriate penalties and remedies for violations of an interline agreement4 #ajf4 ,protections relating to space for passengers on aircraft 7a7 ,moratorium on reductions to aircraft seat size 7#a7 ,in general ,not later than #cj days after the date of the enactment of this ,act1 the ,administrator shall prohibit any air carrier from reducing the size1 width1 or pitch of seats on passenger aircraft operated by the air carrier1 the amount of leg room per seat on such aircraft1 or the width of aisles on such aircraft4 7#b7 ,termination ,the prohibition under paragraph 7#a7 shall terminate on the date on which the regulations required by subsection 7b7 take effect4 7b7 ,regulations relating to space for passengers on aircraft ,not later than #a year after the date of enactment of this ,act1 and after providing notice and an opportunity for comment1 the ,administrator shall issue regulations-- 7#a7 establishing minimum dimensions for passenger seats on aircraft operated by air carriers in interstate air transportation or intrastate air transportation1 including the size1 width1 and pitch of seats1 the amount of leg room1 and the width of aisles on such aircraft for the safety and health of passengers2 and 7#b7 requiring each air carrier to prominently display on a publicly available internet website of the air carrier the amount of space available for each passenger on passenger aircraft operated by the air carrier or by another air carrier with which the air carrier has a codesharing or other joint marketing arrangement1 including the size1 width1 and pitch of seats1 the amount of leg room1 and the width of aisles on such aircraft4 7c7 ,consultations ,in prescribing the regulations required under subsection 7b71 the ,administrator shall consult with the ,occupational ,safety and ,health ,administration1 the ,centers for ,disease ,control and ,prevention1 passenger advocacy organizations1 physicians1 and ergonomic engineers4 7d7 ,conforming repeal ,section #egg of the ,,faa ,reauthorization ,act of #bjah is repealed4 #ajg4 ,availability of lavatories on passenger aircraft 7a7 ,in general ,subchapter ,i of chapter #dag of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #dagbg4 ,availability of lavatories on passenger aircraft 7a7 ,in general ,each air carrier and foreign air carrier shall ensure that each passenger aircraft operated by the air carrier or foreign air carrier maintains sufficient functional lavatories 7as determined by the ,secretary of ,transportation7 that-- 7#a7 are available for use1 free of charge1 any time passengers are on board the aircraft2 and 7#b7 can accommodate individuals with disabilities4 7b7 ,disability defined ,in this section1 the term disability has the meaning given that term in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb74 7c7 ,regulations ,not later than #ahj days after the date of the enactment of the ,airline ,passengers' ,bill of ,rights1 the ,secretary of ,transportation shall prescribe such regulations as are necessary to carry out this section4 4 7b7 ,clerical amendment ,the analysis for chapter #dag of such title is amended by inserting after the item relating to section #dagbf the following3 #dagbg4 ,availability of lavatories on passenger aircraft4 4 #ajh4 ,availability of potable water on passenger aircraft 7a7 ,in general ,subchapter ,i of chapter #dag of title #di1 ,united ,states ,code1 as amended by section #ajg7;a71 is amended by adding at the end the following3 #dagbh4 ,availability of potable water on passenger aircraft 7a7 ,in general ,each air carrier and foreign air carrier shall ensure that potable water is available1 free of charge1 to passengers on board aircraft operated by the air carrier or foreign air carrier4 7b7 ,regulations ,not later than #ahj days after the date of the enactment of the ,airline ,passengers' ,bill of ,rights1 the ,secretary of ,transportation shall prescribe such regulations as are necessary to carry out this section4 4 7b7 ,clerical amendment ,the analysis for chapter #dag of such title1 as amended by section #ajg7;b71 is amended by inserting after the item relating to section #dagbg the following3 #dagbh4 ,availability of potable water on passenger aircraft4 4 #aji4 ,training on rights of passengers ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall prescribe regulations requiring an air carrier to provide1 not less frequently than every #ahj days1 training on the rights of passengers to employees and representatives of the air carrier that directly interact with passengers1 including ticket agents1 gate agents1 pilots1 and flight attendants4 #aaj4 ,report on quality and safety of food and water on passenger aircraft ,not later than #ahj days after the date of the enactment of this ,act1 the ,administrator shall submit to the appropriate committees of ,congress a report assessing the quality and safety of food and potable water on passenger aircraft4 #aaa4 ,report on sufficiency of available flight crews and aircraft ,not later than #ahj days after the date of the enactment of this ,act1 the ,administrator shall submit to the appropriate committees of ,congress a report assessing-- 7#a7 whether air carriers ensure that sufficient flight crews and aircraft are available for scheduled flights2 and 7#b7 the extent to which not having sufficient flight crews and aircraft available affects arrival and departure times4 ,,ii ,consumer protections #bja4 ,protections relating to the imposition of fees that are not reasonable and proportional to the costs incurred 7a7 ,in general ,not later than #bgj days after the date of the enactment of this ,act1 the ,secretary shall prescribe regulations-- 7#a7 prohibiting an air carrier from imposing fees described in subsection 7b7 that are unreasonable or disproportional to the costs incurred by the air carrier2 and 7#b7 establishing standards for assessing whether such fees are reasonable and proportional to the costs incurred by the air carrier4 7b7 ,fees described ,the fees described in this subsection are-- 7#a7 any fee for a change or cancellation of a reservation for a flight in passenger air transportation2 7#b7 any fee relating to checked baggage or carry-on baggage to be transported on a flight in passenger air transportation2 7#c7 any fee relating to the choice or assignment of seats on a flight in passenger air transportation2 and 7#d7 any other fee imposed by an air carrier relating to a flight in passenger air transportation4 7c7 ,considerations ,in establishing the standards required under subsection 7a77#b71 the ,secretary shall consider-- 7#a7 with respect to a fee described in subsection 7b77#a7 imposed by an air carrier for a change or cancellation of a flight reservation-- 7,a7 any net benefit or cost to the air carrier from the change or cancellation1 taking into consideration-- 7i7 the ability of the air carrier to anticipate the expected average number of cancellations and changes and make reservations accordingly2 7ii7 the ability of the air carrier to fill a seat made available by a change or cancellation2 7iii7 any difference in the fare likely to be paid for a ticket sold to another passenger for a seat made available by the change or cancellation1 as compared to the fare that was paid by the passenger for the seat for which the reservation was changed or canceled2 and 7iv7 the likelihood that the passenger changing or cancelling the reservation will1 as a result1 fill a seat on another flight by the same air carrier2 7,b7 the costs of processing the change or cancellation electronically2 and 7,c7 any related labor costs2 7#b7 with respect to a fee described in subsection 7b77#b7 imposed by an air carrier relating to checked baggage-- 7,a7 the costs of processing checked baggage electronically2 and 7,b7 any related labor costs2 7#c7 with respect to a fee described in subsection 7b77#c7 imposed by an air carrier relating to the choice or assignment of seats on a flight in passenger air transportation1 ensuring that a passenger traveling with children who are #ac years of age or younger are able to be seated with those children at no additional charge to the passenger traveling with such children or to any other passenger traveling on the flight involved2 and 7#d7 any other considerations the ,secretary considers appropriate4 7d7 ,updated regulations ,the ,secretary shall update the standards required under subsection 7a77#b7 not less frequently than every #c years4 #bjb4 ,protections relating to disclosure of flight information 7a7 ,prohibition on limiting access of consumer to information ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall prescribe regulations prohibiting an air carrier from limiting the access of consumers to information relating to schedules1 fares1 fees1 and taxes relating to flights in passenger air transportation4 7b7 ,prohibition on withholding information ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall prescribe regulations prohibiting an air carrier1 through a global distribution system or otherwise1 from withholding flight1 fare1 scheduling1 availability1 and other information published by air carriers from consumers and online travel agents and metasearch engines that provide flight search tools4 #bjc4 ,transparency in pricing of tickets in air transportation ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall prescribe regulations requiring-- 7#a7 air carriers to provide useable1 current1 and accurate information in a user-friendly1 accessible form1 with respect to fares1 applicable taxes1 and ancillary fees to ticket agents1 online travel agents1 and metasearch engines that provide flight search tools2 7#b7 air carriers to allow consumers to purchase tickets and pay for applicable taxes and ancillary fees through ticket agents1 online travel agents1 and metasearch engines that provide flight search tools2 7#c7 air carriers1 ticket agents1 online travel agents1 and metasearch engines that provide flight search tools to disclose all applicable taxes and any ancillary fees charged by an air carrier with respect to a fare that are applicable to the services identified by the purchaser1 at any point at which the fare is shown in whole or in part2 and 7#d7 air carriers1 ticket agents1 online travel agents1 and metasearch engines that provide flight search tools1 in any telephonic communication with a prospective consumer in the ,united ,states regarding the cost of air transportation1 to inform the consumer of all applicable taxes and any ancillary fees charged by an air carrier in relation to the air transportation and associated services requested by the consumer1 at any point at which the cost of the air transportation is disclosed in whole or in part4 #bjd4 ,disclosure of lowest fares for air transportation 7a7 ,in general ,section #dagab7;c77#a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a71 by striking and at the end2 7#b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7,c7 the lowest available fare options for the flight and for each flight segment of the flight1 if applicable4 4 7b7 ,regulations ,the ,secretary1 in consultation with the ,administrator1 shall prescribe such regulations as may be necessary to carry out section #dagab7;c77#a77;,c7 of title #di1 ,united ,states ,code1 as added by subsection 7a77#c74 #bje4 ,frequent flyer programs fairness and transparency 7a7 ,in general ,section #dagab7;c7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#c7 ,frequent flyer programs ,it shall be an unfair or deceptive practice under subsection 7a7 for any air carrier or foreign air carrier that offers a frequent flyer program-- 7,a7 to materially change the terms or conditions of the frequent flyer program without providing reasonable notice to consumers2 or 7,b7 to unfairly reduce or eliminate benefits earned by members of the frequent flyer program4 4 7b7 ,regulations 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary1 in consultation with the ,administrator1 shall prescribe such regulations as may be necessary to carry out section #dagab7;c77#c7 of title #di1 ,united ,states ,code1 as added by subsection 7a74 7#b7 ,considerations ,in prescribing the regulations required under paragraph 7#a71 the ,secretary shall-- 7,a7 take into consideration-- 7i7 the significance of the change to the frequent flyer program's terms and conditions2 and 7ii7 the amount of time between the notification provided to a consumer and the date on which the change takes effect2 and 7,b7 require each air carrier that offers a frequent flyer program to disclose1 in a standardized format1 when offering or enrolling consumers into the program1 accurate information regarding the program's rules1 including-- 7i7 the rate at which credits are earned2 7ii7 the minimum number of credits earned per flight2 7iii7 the number of credits needed for each award2 7iv7 any applicable deadlines for redeeming credits2 7v7 any restrictions on the transferability of earned credit and awards2 7vi7 other conditions and limitations of the program2 7vii7 the percentage of successful redemptions2 and 7viii7 frequent flyer seats made available in the top origin and destination markets4 #bjf4 ,refunds for lost1 damaged1 delayed1 or pilfered baggage 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall prescribe regulations requiring an air carrier-- 7#a7 to promptly provide an automatic refund to a passenger in the amount of any ancillary fee charged by the air carrier for checked baggage if the passenger's checked baggage arrives damaged2 and 7#b7 to provide notification to a passenger who is impacted by lost1 damaged1 delayed1 or pilfered baggage1 through the passenger's chosen method of communication1 of the procedure by which the passenger shall obtain a refund and the amount of the refund4 7b7 ,inclusion in contract of carriage ,an air carrier shall include the requirements under subsection 7a7 in the air carrier's contract of carriage4 #bjg4 ,passenger rights transparency 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary shall prescribe regulations requiring air carriers to notify passengers of their rights and eligibility for refunds1 compensation1 and protections required by law1 including by an air carrier's contract of carriage1 or otherwise available to passengers4 7b7 ,requirements ,in prescribing the regulations under subsection 7a71 the ,secretary shall require air carriers-- 7#a7 to promptly and expressly notify eligible passengers and the public of their eligibility for refunds1 compensation1 and protections not later than #cj minutes after the air carrier becomes aware that such passengers have become eligible for such refunds1 compensation1 and protections2 7#b7 if such air carriers permit passengers and other interested persons to subscribe to flight status notification services-- 7,a7 to deliver refunds1 compensation1 and protection notifications to subscribers to such services1 by whatever means the air carrier offers that the subscriber chooses2 and 7,b7 to incorporate commitments with respect to such services into their customer service plans2 7#c7 to continuously display information and eligibility requirements for refunds1 compensation1 and protections1 including refunds1 compensation1 and protections relating to-- 7,a7 denied boarding and delays and cancellations 7including on international flights72 and 7,b7 lost1 damaged1 or delayed luggage2 and 7#d7 to prominently display passengers' rights and contact information for the ,department of ,transportation's consumer complaint system on boarding passes1 computer-generated boarding passes1 and ticketed itineraries1 and at boarding gates and ticket counters4 #bjh4 ,private right of action against unfair and deceptive practices ,section #dagab of title #di1 ,united ,states ,code1 as amended by section #ajd1 is amended by adding at the end the following3 7e7 ,private right of action 7#a7 ,in general ,any individual who purchases a ticket for air transportation and is aggrieved by an action prohibited under this section may file a civil action for damages and injunctive relief in an appropriate district court of the ,united ,states or a ,state court located in the ,state in which-- 7,a7 the unlawful action is alleged to have been committed2 or 7,b7 the aggrieved individual resides4 7#b7 ,enforcement by a state ,the attorney general of any ,state1 as parens patriae1 may bring a civil action to enforce the provisions of this section in-- 7,a7 any district court of the ,united ,states in that ,state2 or 7,b7 any ,state court that is located in that ,state and has jurisdiction over the defendant4 4 #bji4 ,fairness and transparency in contracts of carriage 7a7 ,in general ,subsection 7a7 of section #dbi7;a7 of the ,,faa ,reauthorization ,act of #bjah is amended by adding at the end the following3 7#g7 ,family seating policies1 including seating policies for children under the age of #b4 7#h7 ,interline agreements and protections4 7#i7 ,such other terms and conditions as the ,secretary considers appropriate4 4 7b7 ,resubmission ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall require each air carrier to-- 7#a7 resubmit the summarized #a-page document described in such section #dbi to take into account the amendment made by subsection 7a72 and 7#b7 make available such revised document in a prominent location on its website pursuant to subsection 7b7 of such section #dbi4 #baj4 ,private right of action for discrimination claims against air carriers ,section #dagje of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,civil action 7#a7 ,in general ,any individual who purchases a ticket for air transportation and is aggrieved by a violation by an air carrier of this section or a regulation prescribed under this section may1 not later than #b years after the date of the violation1 bring a civil action in an appropriate district court of the ,united ,states4 7#b7 ,relief ,in a civil action brought under paragraph 7#a7 in which the plaintiff prevails-- 7,a7 the plaintiff may obtain equitable and legal relief1 including compensatory and punitive damages2 and 7,b7 the court shall award reasonable attorney's fees1 reasonable expert fees1 and the costs of the action to the plaintiff4 7#c7 ,no requirement for exhaustion of remedies ,an individual described in paragraph 7#a7 is not required to exhaust administrative complaint procedures before filing a civil action under paragraph 7#a74 7#d7 ,rule of construction ,nothing in this subsection shall be construed to invalidate or limit other ,federal or ,state laws affording to people with disabilities greater legal rights or protections than those granted in this section4 4 #baa4 ,no preemption of consumer protection claims ,section #dagac7;b77#d7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7,d7 ,no preemption of consumer protection claims ,nothing in subparagraphs 7,a7 through 7,c7 may be construed-- 7i7 to preempt1 displace1 or supplant any action for civil damages or injunctive relief based on a ,state consumer protection statute2 or 7ii7 to restrict the authority of any government entity1 including an attorney general of a ,state1 from bringing a legal claim on behalf of the citizens of the ,state4 4 #bab4 ,invalidation of pre-dispute arbitration and class-action waiver clauses in certain contracts relating to passenger air transportation 7a7 ,arbitration ,notwithstanding any other provision of law1 arbitration may be used to settle a controversy arising from or relating to a provision of a contract described in subsection 7c7 only if1 after the controversy arises1 all parties to the controversy consent in writing to use arbitration to settle the controversy4 7b7 ,class actions ,notwithstanding any other provision of law1 an agreement waiving the right of a person to bring1 or otherwise prohibiting a person from bringing1 a claim regarding a dispute relating to a provision of a contract described in subsection 7c7 as a class action that had not arisen before the date on which the agreement is executed shall not be enforceable and shall have no force or effect4 7c7 ,contracts described ,a contract described in this subsection is a contract-- 7#a7 for the purchase of a ticket for passenger air transportation2 7#b7 setting forth the terms of a reward program of an air carrier2 or 7#c7 setting forth the terms under which an air carrier will provide a credit product4 7d7 ,applicability ,subsections 7a7 and 7b7 shall apply with respect to contracts entered into or renewed on or after the date of the enactment of this ,act4 7e7 ,definitions ,in this section3 7#a7 ,credit product 7,a7 ,in general ,the term credit product means a plan offered by1 or in partnership with1 an air carrier-- 7i7 under which the creditor reasonably contemplates repeated transactions2 7ii7 that prescribes the terms of such transactions2 and 7iii7 that provides for a finance charge that may be computed from time to time on the outstanding unpaid balance4 7,b7 ,inclusion ,a credit plan or open-end consumer credit plan that is a credit product within the meaning of subparagraph 7,a7 is a credit product even if credit information is verified from time to time4 7#b7 ,passenger air transportation ,the term passenger air transportation means the transportation of passengers and their property by aircraft4 7#c7 ,reward program ,the term reward program means any reward program offered by an air carrier1 including a frequent flyer program1 under which a consumer earns mileage or other credits from the air carrier that can be exchanged for goods1 services1 or other benefits4 #bac4 ,consumer complaint process improvement 7a7 ,in general ,section #dbcjb of title #di1 ,united ,states ,code1 as amended by section #dbc of the ,,faa ,reauthorization ,act of #bjah1 is amended-- 7#a7 by amending subsection 7b7 to read as follows3 7b7 ,internet website or other online service notice ,each air carrier and foreign air carrier shall include on a publicly available internet website1 any related mobile device application1 and online service-- 7#a7 the hotline telephone number established under subsection 7a7 or the telephone number for the ,aviation ,consumer ,protection ,division of the ,department of ,transportation2 7#b7 an active link and the email address1 telephone number1 and mailing address of the air carrier or foreign air carrier1 as applicable1 for a consumer to submit a complaint to the carrier about the quality of service2 7#c7 notice that the consumer can file a complaint with the ,aviation ,consumer ,protection ,division of the ,department of ,transportation2 7#d7 an active link to the internet website of the ,aviation ,consumer ,protection ,division of the ,department of ,transportation for a consumer to file a complaint2 and 7#e7 the active link described in paragraph 7#b7 on the same internet website page as the active link described in paragraph 7#d74 2 and 7#b7 by adding at the end the following new subsections3 7f7 ,point of sale ,each air carrier1 foreign air carrier1 and ticket agent shall inform each consumer of a carrier service1 at the point of sale1 that the consumer can file a complaint about that service with the carrier and with the ,aviation ,consumer ,protection ,division of the ,department of ,transportation4 7g7 ,reporting ,requirement ,upon receipt of any complaint1 an air carrier shall send the content of the complaint to the ,aviation ,consumer ,protection ,division of the ,department of ,transportation4 4 7b7 ,regulations ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall prescribe regulations to implement the requirements of section #dbcjb of title #di1 ,united ,states ,code1 as amended by subsection 7a74 ,,iii ,penalties for air carriers #cja4 ,increase in civil penalty for violations of passenger protection laws 7a7 ,in general ,section #dfcja7;a7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#h7 ,violations of passenger protection laws ,the maximum civil penalty specified under paragraph 7#a7 shall not apply with respect to a violation of a law relating to the treatment of passengers in air transportation4 4 7b7 ,regulations ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall specify in regulations the provisions of law to which paragraph 7#h7 of section #dfcja7;a7 of title #di1 ,united ,states ,code1 as added by subsection 7a71 applies4 #cjb4 ,report on imposition of civil penalties ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary shall submit to the appropriate committees of ,congress a report-- 7#a7 listing all complaints received from passengers alleging violations of passenger protection laws2 7#b7 identifying which of such complaints the ,secretary investigated2 and 7#c7 if the ,secretary chose not to pursue the imposition of civil penalties with respect to such complaints1 a description of the reasoning of the ,secretary for doing so4 #cjc4 ,study of distribution of civil penalties to consumers 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall submit to the appropriate committees of ,congress a report-- 7#a7 assessing the feasibility and advisability of distributing a civil penalty imposed on an air carrier for a violation of a law relating to the treatment of passengers in air transportation to the passengers affected by the violation2 and 7#b7 identifying any provisions of law that would need to be amended to permit such distributions4 7b7 ,consultations ,the ,secretary shall consult with consumer advocacy organizations and the ,advisory ,committee for ,aviation ,consumer ,protection in developing the report required by subsection 7a74 #cjd4 ,prohibition on negotiation of reductions in civil penalties ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall prescribe regulations prohibiting an air carrier from negotiating with the ,federal ,aviation ,administration for a reduction in a civil penalty imposed for a violation of a law relating to the treatment of passengers in air transportation4 ,,iv ,competitiveness of air carriers #dja4 ,analysis of air carrier mergers 7a7 ,in general ,the ,comptroller ,general of the ,united ,states shall conduct a post hoc analysis of the effect on the public interest and the state of competition and choice in the air transportation industry as a result of consolidation of air carriers that occurred on or after ,january #a1 #bjjj1 and before the date of the enactment of this ,act4 7b7 ,considerations ,in conducting the analysis required under subsection 7a71 the ,comptroller ,general shall consider the extent to which-- 7#a7 fares are reasonable and proportional to the costs of the services provided2 and 7#b7 between ,january #a1 #bjjj1 and the date of the enactment of this ,act-- 7,a7 fares have changed2 7,b7 competition and consumer choice have changed2 7,c7 fees imposed by air carriers1 including ancillary fees1 have changed2 7,d7 configuration of routes has changed and the extent to which the availability of choices on those routes has changed2 7,e7 operational performance has improved2 and 7,f7 investment in aircraft1 amenities1 and workforce has changed4