Airline Passenger Rights Legislation in the 107th Congress

Publication Date: August 2001

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Transportation

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Abstract:

Congressional advocates of enhanced airline passenger rights have introduced legislation in the 107th 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 i n c r e a s e penalties for violating aviation consumer protection law or increase the airlines' liability for mistreatment of passengers.

During the 106th 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 report - the 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 Fewbruary 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 107th Congress.