Title V — Passenger Experience Improvements

118th Congress · Approved May 16, 2024 · 138 Stat. 1025 · Lineage

TITLE V Passenger Experience Improvements

Subtitle A Consumer Enhancements

SEC. 501. Establishment of Office of Aviation Consumer Protection.

Section 102 of title 49, United States Code, is amended—

(1)

in subsection (e)(1)—

(A)

in the matter preceding subparagraph (A) by striking “ 7” and inserting “ 8”; and

(B)

in subparagraph (A) by striking “ and an Assistant Secretary for Transportation Policy” and inserting “ an Assistant Secretary for Transportation Policy, and an Assistant Secretary for Aviation Consumer Protection”; and

(2)

by adding at the end the following:

“(j) Office of Aviation Consumer Protection.—

“(1) Establishment.—There is established in the Department an Office of Aviation Consumer Protection (in this subsection referred to as the ‘Office’) to administer and enforce the aviation consumer protection and civil rights authorities provided to the Department by statute, including the authorities under section 41712—

“(A) to assist, educate, and protect passengers; and

“(B) to monitor compliance with, conduct investigations relating to, and enforce, with support of attorneys in the Office of the General Counsel, including by taking appropriate action to address violations of aviation consumer protection and civil rights.

“(2) Leadership.—The Office shall be headed by the Assistant Secretary for Aviation Consumer Protection (in this subsection referred to as the ‘Assistant Secretary’).

“(3) Transition.—Not later than 180 days after funding is appropriated for an Office of Aviation Consumer Protection headed by an Assistant Secretary, the Office of Aviation Consumer Protection that is a unit within the Office of the General Counsel of the Department which is headed by the Assistant General Counsel for Aviation Consumer Protection shall cease to exist. The Secretary shall determine which employees are necessary to fulfill the responsibilities of the new Office of Aviation Consumer Protection and such employees shall be transferred from the Office of the General Counsel, as appropriate, to the newly established Office of Aviation Consumer Protection.

“(4) Coordination.—The Assistant Secretary shall coordinate with the General Counsel appointed under subsection (e)(1)(E), in accordance with section 1.26 of title 49, Code of Federal Regulations (or a successor regulation), on all legal matters relating to—

“(A) aviation consumer protection; and

“(B) the duties and activities of the Office described in subparagraphs (A) through (C) of paragraph (1).

“(5) Annual report.—The Assistant Secretary shall submit to the Secretary, who shall submit to Congress and make publicly available on the website of the Department, an annual report that, with respect to matters under the jurisdiction of the Department, or otherwise within the statutory authority of the Department—

“(A) analyzes trends in aviation consumer protection, civil rights, and licensing;

“(B) identifies major challenges facing passengers; and

“(C) addresses any other relevant issues, as the Assistant Secretary determines to be appropriate.

“(6) Funding.—There is authorized to be appropriated $12,000,000 for fiscal year 2024, $13,000,000 for fiscal year 2025, $14,000,000 for fiscal year 2026, $15,000,000 for fiscal year 2027, and $16,000,000 for fiscal year 2028 to carry out this subsection.”

SEC. 502. Additional Within and Beyond Perimeter Slot Exemptions at Ronald Reagan Washington National Airport.

(a)

Increase in Number of Slot Exemptions.— Section 41718 of title 49, United States Code, is amended by adding at the end the following new subsection:

“(i) Additional Slot Exemptions.—

“(1) Increase in slot exemptions.—Not later than 60 days after the date of enactment of the FAA Reauthorization Act of 2024, the Secretary shall grant, by order, 10 exemptions from—

“(A) the application of sections 49104(a)(5), 49109, and 41714 to air carriers to operate limited frequencies and aircraft on routes between Ronald Reagan Washington National Airport and domestic airports located within or beyond the perimeter described in section 49109; and

“(B) the requirements of subparts K, S, and T of part 93 of title 14, Code of Federal Regulations.

“(2) Non-limited incumbents.—Of the slot exemptions made available under paragraph (1), the Secretary shall make 8 available to incumbent air carriers qualifying for status as a non-limited incumbent carrier at Ronald Reagan Washington National Airport as of the date of enactment of the FAA Reauthorization Act of 2024.

“(3) Limited incumbents.—Of the slot exemptions made available under paragraph (1), the Secretary shall make 2 available to incumbent air carriers qualifying for status as a limited incumbent carrier at Ronald Reagan Washington National Airport as of the date of enactment of the FAA Reauthorization Act of 2024.

“(4) Allocation procedures.—The Secretary shall allocate the 10 slot exemptions provided under paragraph (1) pursuant to the application process established by the Secretary under subsection (d), subject to the following:

“(A) Limitations.—Each air carrier that is eligible under paragraph (2) and paragraph (3) shall be eligible to operate no more and no less than 2 of the newly authorized slot exemptions.

“(B) Criteria.—The Secretary shall consider the extent to which the exemptions will—

“(i) enhance options for nonstop travel to beyond-perimeter airports that do not have nonstop service from Ronald Reagan Washington National Airport as of the date of enactment of the FAA Reauthorization Act of 2024; or

“(ii) have a positive impact on the overall level of competition in the markets that will be served as a result of those exemptions.

“(5) Prohibition.—

“(A) In general.—The Metropolitan Washington Airports Authority may not assess any penalty or similar levy against an individual air carrier solely for obtaining and operating a slot exemption authorized under this subsection.

“(B) Rule of construction.—Subparagraph (A) shall not be construed as prohibiting the Metropolitan Washington Airports Authority from assessing and collecting any penalty, fine, or other levy, such as a handling fee or landing fee, that is—

“(i) authorized by the Metropolitan Washington Airports Regulations;

“(ii) agreed to in writing by the air carrier; or

“(iii) charged in the ordinary course of business to an air carrier operating at Ronald Reagan Washington National Airport regardless of whether or not the air carrier obtained a slot exemption authorized under this subsection.”

(b)

Conforming Amendments.— Section 41718(c)(2)(A) of title 49, United States Code, is amended—

(1)

in clause (i) by striking “ and (b)” and inserting “ , (b), and (i)”; and

(2)

in clause (ii) by striking “ and (g)” and inserting “ (g), and (i)”.

(c)

Preservation of Existing Within Perimeter Service.— Nothing in this section, or the amendments made by this section, shall be construed as authorizing the conversion of a within-perimeter exemption or slot at Ronald Reagan Washington National Airport that is in effect on the date of enactment of this Act to serve an airport located beyond the perimeter described in section 49109 of title 49, United States Code.

SEC. 503. Refunds.

(a)

In General.— Chapter 423 of title 49, United States Code, is amended by inserting after section 42304 the following:

“§ 42305. Refunds for cancelled or significantly delayed or changed flights

“(a) In General.—In the case of a passenger that holds a nonrefundable ticket on a scheduled flight to, from, or within the United States, an air carrier or a foreign air carrier shall, upon request as set forth in subsection (f), provide a full refund, including any taxes and ancillary fees, for the fare such carrier collected for any cancelled flight or significantly delayed or changed flight where the passenger chooses not to—

“(1) fly on the significantly delayed or changed flight or accept rebooking on an alternative flight; or

“(2) accept any voucher, credit, or other form of compensation offered by the air carrier or foreign air carrier pursuant to subsection (c).

“(b) Timing of Refund.—Any refund required under subsection (a) shall be issued by the air carrier or foreign air carrier—

“(1) in the case of a ticket purchased with a credit card, not later than 7 business days after the earliest date the refund was requested as set forth in subsection (f); or

“(2) in the case of a ticket purchased with cash or another form of payment, not later than 20 days after the earliest date the refund was requested as set forth in subsection (f).

“(c) Alternative to Refund.—An air carrier and a foreign air carrier may offer a voucher, credit, or other form of compensation as an explicit alternative to providing a refund required by subsection (a) but only if—

“(1) the offer includes a clear and conspicuous notice of—

“(A) the terms of the offer; and

“(B) the passenger’s right to a full refund under this section;

“(2) the voucher, credit, or other form of compensation offered explicitly as an alternative to providing a refund required by subsection (a) remains valid and redeemable by the consumer for a period of at least 5 years from the date on which such voucher, credit, or other form of compensation is issued;

“(3) upon the issuance of such voucher, credit, or other form of compensation, an air carrier, foreign air carrier, or ticket agent, where applicable, notifies the recipient of the expiration date of the voucher, credit, or other form of compensation; and

“(4) upon request by an individual who self-identifies as having a disability (as defined in section 382.3 of title 14, Code of Federal Regulations), an air carrier, foreign air carrier, or ticket agent provides a notification under paragraph (3) in an electronic format that is accessible to the recipient.

“(d) Significantly Delayed or Changed Flight Defined.—In this section, the term ‘significantly delayed or changed flight’ includes, at a minimum, a flight where the passenger arrives at a destination airport—

“(1) in the case of a domestic flight, 3 or more hours after the original scheduled arrival time; and

“(2) in the case of an international flight, 6 or more hours after the original scheduled arrival time.

“(e) Application to Ticket Agents.—

“(1) In general.—Not later than 1 year after the date of enactment of this section, the Secretary shall issue a final rule to apply refund requirements to ticket agents in the case of cancelled flights and significantly delayed or changed flights.

“(2) Transfer of funds.—The Secretary shall issue regulations requiring air carriers and foreign air carriers to promptly transfer funds to a ticket agent if—

“(A) the Secretary has determined that the ticket agent is responsible for providing the refund; and

“(B) the ticket agent does not possess the funds of the passenger.

“(3) Timing and alternatives.—A refund provided by a ticket agent shall comply with the requirements in subsections (b) and (c) of this section.

“(f) Refund.—An air carrier and a foreign air carrier shall consider a passenger to have requested a refund if—

“(1) a flight is cancelled and a passenger is not offered an alternative flight or any voucher, credit, or other form of compensation by the air carrier or foreign air carrier pursuant to subsection (c);

“(2) a passenger rejects the significantly delayed or changed flight, rebooking on an alternative flight, or any voucher, credit, or other form of compensation offered by the air carrier or foreign air carrier pursuant to subsection (c); or

“(3) a passenger does not respond to an offer of—

“(A) a significantly delayed or changed flight or an alternative flight and the flight departs without the passenger; or

“(B) a voucher, credit, or other form of compensation by the date on which the cancelled flight was scheduled to depart or the date that the significantly delayed or changed flight departs.

“(g) Refund Notification.—An air carrier and a foreign air carrier shall update their passenger notification systems to ensure passengers owed a refund under this section are notified of their right to receive a refund.”

(b)

Clerical Amendment.— The analysis for chapter 423 of title 49, United States Code, is amended by inserting after the item relating to section 42304 the following:

“42305. Refunds for cancelled or significantly delayed or changed flights.”.

SEC. 504. Know Your Rights Posters.

(a)

In General.— Chapter 423 of title 49, United States Code, is further amended by inserting after section 42305 the following:

“§ 42306. Know Your Rights posters

“(a) In General.—Each large hub airport, medium hub airport, and small hub airport with scheduled passenger service shall prominently display posters that clearly and concisely outline the rights of airline passengers under Federal law with respect to, at a minimum—

“(1) flight delays and cancellations;

“(2) refunds;

“(3) bumping of passengers from flights and the oversale of flights; and

“(4) lost, delayed, or damaged baggage.

“(b) Location.—Posters described in subsection (a) shall be displayed in conspicuous locations throughout the airport, including ticket counters, security checkpoints, and boarding gates.

“(c) Accessibility Assistance.—Each large hub airport, medium hub airport, and small hub airport with scheduled passenger service shall ensure that passengers with a disability (as such term is defined in section 382.3 of title 14, Code of Federal Regulations) who identify themselves as having such a disability are notified of the availability of accessibility assistance and shall assist such passengers in connecting to the appropriate entities to obtain the same information required in this section that is provided to other passengers.”

(b)

Exemption.— Section 46301(a)(1)(A) of title 49, United States Code, is further amended by striking “ chapter 423” and inserting “ chapter 423 (except section 42306)”.

(c)

Clerical Amendment.— The analysis for chapter 423 of title 49, United States Code, is further amended by inserting after the item relating to section 42305 the following:

“42306. Know Your Rights posters.”.

(d)

Effective Date.— The amendments made by this section shall take effect on the date that is 1 year after the date of enactment of this Act.

SEC. 505. Access to Customer Service Assistance for All Travelers.

(a)

Findings.— Congress finds the following:

(1)

In the event of a cancelled or delayed flight, it is important for customers to be able to easily access information about the status of their flight and any alternative flight options.

(2)

Customers should be able to access real-time assistance from customer service agents of air carriers without an excessive wait time, particularly during times of mass disruptions.

(b)

Transparency Requirements.—

(1)

Requirement to maintain a live customer chat or monitored text messaging number.— Chapter 423 of title 49, United States Code, is further amended by inserting after section 42306 the following:

“§ 42307. Requirement to maintain a live customer chat or monitored text messaging number

“(a) Requirement.—

“(1) In general.—A covered air carrier that operates a domestic or international flight to, from, or within the United States shall maintain—

“(A) a customer service telephone line staffed by live agents;

“(B) a customer chat option that allows for customers to speak to a live agent within a reasonable time, to the greatest extent practicable; or

“(C) a monitored text messaging number that enables customers to communicate and speak with a live agent directly.

“(2) Provision of services.—The services required under paragraph (1) shall be provided to customers without charge for the use of such services, and shall be available at all times.

“(b) Rulemaking Authority.—The Secretary shall promulgate such rules as may be necessary to carry out this section.

“(c) Covered Air Carrier Defined.—In this section, the term ‘covered air carrier’ means an air carrier that sells tickets for scheduled passenger air transportation on an aircraft that, as originally designed, has a passenger capacity of 30 or more seats.

“(d) Effective Date.—Beginning on the date that is 120 days after the date of enactment of this section, a covered air carrier shall comply with the requirement specified in subsection (a) without regard to whether the Secretary has promulgated any rules to carry out this section as of the date that is 120 days after such date of enactment.”

(2)

Clerical amendment.— The analysis for chapter 423 of title 49, United States Code, is further amended by inserting after the item relating to section 42306 the following:

“42307. Requirement to maintain a live customer chat or monitored text messaging number.”.

SEC. 506. Airline Customer Service Dashboards.

(a)

Dashboards.—

(1)

In general.— Chapter 423 of title 49, United States Code, is further amended by inserting after section 42307 the following:

“§ 42308. DOT airline customer service dashboards

“(a) Requirement To Establish and Maintain Publicly Available Dashboards.—The Secretary of Transportation shall establish, maintain, and make publicly available the following online dashboards for purposes of keeping aviation consumers informed with respect to certain policies of, and services provided by, large air carriers (as such term is defined by the Secretary) to the extent that such policies or services exceed what is required by Federal law:

“(1) Delay and cancellation dashboard.—A dashboard that displays information regarding the services and compensation provided by each large air carrier to mitigate any passenger inconvenience caused by a delay or cancellation due to circumstances in the control of such carrier.

“(2) Explanation of circumstances.—The website on which such dashboard is displayed shall explain the circumstances under which a delay or cancellation is not due to circumstances in the control of the large air carrier (such as a delay or cancellation due to a weather event or an instruction from the Federal Aviation Administration Air Traffic Control System Command Center) consistent with section 234.4 of title 14, Code of Federal Regulations.

“(3) Family seating dashboard.—A dashboard that displays information regarding which large air carriers guarantee that each child shall be seated adjacent to an adult accompanying the child without charging any additional fees.

“(4) Seat size dashboard.—A dashboard that displays information regarding aircraft seat size for each large air carrier, including the pitch, width, and length of a seat in economy class for the aircraft models and configurations most commonly flown by such carrier.

“(5) Family seating sunset.—The requirement in subsection (a)(3) shall cease to be effective on the date on which the rule in section 516 of the FAA Reauthorization Act of 2024 is effective.

“(b) Accessibility Requirement.—In developing the dashboards required in subsection (a), the Secretary shall, in order to ensure the dashboards are accessible and contain pertinent information for passengers with disabilities, consult with the Air Carrier Access Act Advisory Committee, the Architectural and Transportation Barriers Compliance Board, any other relevant department or agency to determine appropriate accessibility standards, and disability organizations, including advocacy and nonprofit organizations that represent or provide services to individuals with disabilities.

“(c) Limitation on Dashboards.—After the rule required in section 516 of the FAA Reauthorization Act of 2024 is effective, the Secretary may not establish or maintain more than 4 different customer service dashboards at any given time.

“(d) Provision of Information.—Each large air carrier shall provide to the Secretary such information as the Secretary requires to carry out this section.

“(e) Sunset.—This section shall cease to be effective on October 1, 2028.”

(2)

Establishment.— The Secretary shall establish each of the online dashboards required by section 42308(a) of title 49, United States Code, not later than 30 days after the date of enactment of this Act.

(b)

Clerical Amendment.— The analysis for chapter 423 of title 49, United States Code, is further amended by inserting after the item relating to section 42307 the following:

“42308. DOT airline customer service dashboards.”.

SEC. 507. Increase in Civil Penalties.

(a)

In General.— Section 46301(a)(1) of title 49, United States Code, is amended in the matter preceding subparagraph (A) by striking “ $25,000” and inserting “ $75,000”.

(b)

Effective Date.— The amendment made by subsection (a) shall apply to violations occurring on or after the date of enactment of this Act.

(c)

Conforming Regulations.— The Secretary shall revise such regulations as necessary to conform to the amendment made by subsection (a).

SEC. 508. Advisory Committee for Aviation Consumer Protection.

(a)

Extension.— Section 411(h) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 42301 prec. note) is amended by striking “ May 10, 2024” and inserting “ September 30, 2028”.

(b)

Coordination.— Section 411 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 42301 prec. note) is amended by adding at the end the following:

“(i) Consultation.—The Advisory Committee shall consult, as appropriate, with foreign air carriers, air carriers with an ultra-low-cost business model, nonprofit public interest groups with expertise in disability and accessibility matters, ticket agents, travel management companies, and any other groups as determined by the Secretary.”

SEC. 509. Extension of Aviation Consumer Advocate Reporting Requirement.

Section 424(e) of the FAA Reauthorization Act of 2018 (49 U.S.C. 42302 note) is amended by striking “ May 10, 2024” and inserting “ October 1, 2028”.

SEC. 510. Codification of Consumer Protection Provisions.

(a)

Section 429 of FAA Reauthorization Act of 2018.—

(1)

In general.— Section 429 of the FAA Reauthorization Act of 2018 (49 U.S.C. 42301 prec. note) is amended—

(A)

by transferring such section to appear after section 41726 of title 49, United States Code;

(B)

by redesignating such section as section 41727 of such title; and

(C)

by amending the section heading of such section to read as follows:

“§ 41727. Passenger Rights”

(2)

Technical amendment.— Section 41727 of title 49, United States Code, as transferred and redesignated by paragraph (1), is amended in subsection (a) by striking “ Not later than 90 days after the date of enactment of this Act, the Secretary” and inserting “ The Secretary”.

(b)

Section 434 of the FAA Reauthorization Act of 2018.—

(1)

In general.— Section 434 of the FAA Reauthorization Act of 2018 (49 U.S.C. 41705 note) is amended—

(A)

by transferring such section to appear after section 41727 of title 49, United States Code, as transferred and redesignated by subsection (a)(1);

(B)

by redesignating such section 434 as section 41728 of such title; and

(C)

by amending the section heading of such section 41728 to read as follows:

“§ 41728. Airline passengers with disabilities bill of rights”

(2)

Technical amendment.— Section 41728 of title 49, United States Code, as transferred and redesignated by paragraph (1), is amended—

(A)

in subsection (a) by striking “ the section 41705 of title 49, United States Code” and inserting “ section 41705”;

(B)

in subsection (c) by striking “ the date of enactment of this Act” and inserting “ the date of enactment of the FAA Reauthorization Act of 2018”; and

(C)

in subsection (f) by striking “ ensure employees” and inserting “ ensure that employees”.

(c)

Clerical Amendment.— The analysis for chapter 417 of title 49, United States Code, is amended by inserting after the item relating to section 41726 the following:

“41727. Passenger rights.

“41728. Airline passengers with disabilities bill of rights.”.

SEC. 511. Bureau of Transportation Statistics.

(a)

Rulemaking.— Not later than 60 days after the date of enactment of this Act, the Director of the Bureau of Transportation Statistics shall initiate a rulemaking to revise section 234.4 of title 14, Code of Federal Regulations, to create a new “cause of delay” category (or categories) that identifies and tracks information on delays and cancellations of air carriers (as defined in section 40102 of title 49, United States Code) that are due to instructions from the FAA Air Traffic Control System and to make any other changes necessary to carry out this section.

(b)

Air Carrier Code.— The following causes shall not be included within the Air Carrier code specified in section 234.4 of title 14, Code of Federal Regulations, for cancelled and delayed flights:

(1)

Aircraft cleaning necessitated by the death of a passenger.

(2)

Aircraft damage caused by extreme weather, foreign object debris, or sabotage.

(3)

A baggage or cargo loading delay caused by an outage of a bag system not controlled by a carrier or its contractor.

(4)

Cybersecurity attacks (provided that the air carrier is in compliance with applicable cybersecurity regulations).

(5)

A shutdown or system failure of government systems that directly affects the ability of an air carrier to safely conduct flights and is unexpected.

(6)

Overheated brakes due to a safety incident resulting in the use of emergency procedures.

(7)

Unscheduled maintenance, including in response to an airworthiness directive, manifesting outside a scheduled maintenance program that cannot be deferred or must be addressed before flight.

(8)

An emergency that required medical attention through no fault of the carrier.

(9)

The removal of an unruly passenger.

(10)

An airport closure due to the presence of volcanic ash, wind, or wind shear.

(c)

Family Seating Complaints.—

(1)

In general.— The Director of the Bureau of Transportation Statistics shall update the reporting framework of the Bureau to create a new category to identify and track information on complaints related to family seating.

(2)

Sunset.— The requirements in paragraph (1) shall cease to be effective on the date on which the rulemaking required by section 513 is effective.

(d)

Air Travel Consumer Report.—

(1)

ATCSCC delays.— The Secretary shall include information on delays and cancellations that are due to instructions from the FAA Air Traffic Control System Command Center in the Air Travel Consumer Report issued by the Office of Aviation Consumer Protection of the Department of Transportation.

(2)

Family seating complaints.— The Secretary shall include information on complaints related to family seating—

(A)

in the Air Travel Consumer Report issued by the Office of Aviation Consumer Protection of the Department of Transportation; and

(B)

on the family seating dashboard required by subsection (a)(2).

(3)

Sunset.— The requirements in paragraph (2) shall cease to be effective on the date on which the rulemaking required by section 513 is effective.

SEC. 512. Reimbursement for Incurred Costs.

(a)

In General.— Not later than 1 year after the date of enactment of this Act, the Secretary shall direct all air carriers providing scheduled passenger interstate or intrastate air transportation to establish policies regarding reimbursement for lodging, transportation between such lodging and the airport, and meal costs incurred due to a flight cancellation or significant delay directly attributable to the air carrier.

(b)

Definition of Significantly Delayed.— In this section, the term “significantly delayed” means, with respect to air transportation, the departure or arrival at the originally ticketed destination associated with such transportation has changed—

(1)

in the case of a domestic flight, 3 or more hours after the original scheduled arrival time; and

(2)

in the case of an international flight, 6 or more hours after the original scheduled arrival time.

(c)

Rule of Construction.— Nothing in this section shall be construed as providing the Secretary with any additional authorities beyond the authority to require air carriers establish the policies referred to in subsection (a).

SEC. 513. Streamlining of Offline Ticket Disclosures.

(a)

In General.— Not later than 18 months after the date of enactment of this Act, the Secretary shall take such action as may be necessary to update the process by which an air carrier or ticket agent is required to fulfill disclosure obligations in ticketing transactions for air transportation not completed through a website.

(b)

Requirements.— The process updated under subsection (a) shall—

(1)

include means of referral to the applicable air carrier website with respect to disclosures related to air carrier optional fees and policies;

(2)

include a means of referral to the website of the Department of Transportation with respect to any other required disclosures to air transportation passengers;

(3)

make no changes to air carrier or ticket agent obligations with respect to—

(A)

section 41712(c) of title 49, United States Code; or

(B)

subsections (a) and (b) of section 399.84 of title 14, Code of Federal Regulations (or any successor regulations); and

(4)

require disclosures referred to in paragraphs (1) and (2) to be made in the manner existing prior to the date of enactment of this Act upon passenger request.

(c)

Air Carrier Defined.— In this section, the term “air carrier” has the meaning given such term in section 40102(a) of title 49, United States Code.

SEC. 514. Gao Study on Competition and Consolidation in the Air Carrier Industry.

(a)

Study.— The Comptroller General shall conduct a study assessing competition and consolidation in the United States air carrier industry. Such study shall include an assessment of data related to—

(1)

the history of mergers in the United States air carrier industry, including whether any claimed efficiencies have been realized;

(2)

the effect of consolidation in the United States air carrier industry, if any, on consumers;

(3)

the effect of consolidation in the United States air carrier industry, if any, on air transportation service in small and rural markets; and

(4)

the current state of competition in the United States air carrier industry as of the date of enactment of this Act.

(b)

Report.— Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a report containing the results of the study conducted under subsection (a), and recommendations for such legislative and administrative action as the Comptroller General determines appropriate.

SEC. 515. Gao Study and Report on the Operational Preparedness of Air Carriers for Certain Events.

(a)

Study.—

(1)

In general.— The Comptroller General shall study and assess the operational preparedness of air carriers for changing weather and other events related to changing conditions and natural hazards, including flooding, extreme heat, changes in precipitation, storms, including winter storms, coastal storms, tropical storms, and hurricanes, and fire conditions.

(2)

Requirements.— As part of the study required under paragraph (1), the Comptroller General shall assess the following:

(A)

The extent to which air carriers are preparing for weather events and natural disasters, as well as changing conditions and natural hazards, that may impact operational investments of air carriers, staffing levels and safety policies, mitigation strategies, and other resiliency planning.

(B)

How the FAA oversees operational resilience of air carriers relating to storms, natural disasters, and changing conditions.

(C)

Steps the Federal Government and air carriers can take to improve operational resilience relating to storms, natural disasters, and changing conditions.

(b)

Briefing and Report.—

(1)

Briefing.— Not later than 1 year after the date of enactment of this Act, the Comptroller General shall brief the appropriate committees of Congress on the results of the study required under subsection (a), and recommendations for such legislative and administrative action as the Comptroller General determines appropriate.

(2)

Report.— Not later than 6 months after the briefing required by paragraph (1) is provided, the Comptroller General shall submit to the appropriate committees of Congress a report on the results of the study required under subsection (a), and recommendations for such legislative and administrative action as the Comptroller General determines appropriate.

(c)

Definition of Air Carrier.— In this section, the term “air carrier” has the meaning given such term in section 40102 of title 49, United States Code.

SEC. 516. Family Seating.

(a)

In General.— Not later than 180 days after the date of enactment of this Act, the Secretary shall issue a notice of proposed rulemaking to establish a policy directing air carriers that assign seats, or allow individuals to select seats in advance of the date of departure of a flight, to sit each young child adjacent to an accompanying adult, to the greatest extent practicable, if adjacent seat assignments are available at any time after the ticket is issued for each young child and before the first passenger boards the flight.

(b)

Prohibition on Fees.— The notice of proposed rulemaking described in subsection (a) shall include a provision that prohibits an air carrier from charging a fee, or imposing an additional cost beyond the ticket price of the additional seat, to seat each young child adjacent to an accompanying adult within the same class of service.

(c)

Rule of Construction.— Notwithstanding the requirement in subsection (a), nothing in this section may be construed to allow the Secretary to impose a change in the overall seating or boarding policy of an air carrier that has an open or flexible seating policy in place that generally allows adjacent family seating as described under this section.

(d)

Young Child.— In this section, the term “young child” means an individual who has not attained 14 years of age.

SEC. 517. Passenger Experience Advisory Committee.

(a)

In General.— The Secretary shall establish an advisory committee to advise the Secretary and the Administrator in carrying out activities relating to the improvement of the passenger experience in air transportation customer service. The advisory committee shall not duplicate the work of any other advisory committee.

(b)

Membership.— The Secretary shall appoint the members of the advisory committee, which shall be comprised of at least 1 representative of each of—

(1)

mainline air carriers;

(2)

air carriers with a low-cost or ultra-low-cost business model;

(3)

regional air carriers;

(4)

large hub airport sponsors and operators;

(5)

medium hub airport sponsors and operators;

(6)

small hub airport sponsors and operators;

(7)

nonhub airport sponsors and operators;

(8)

ticket agents;

(9)

representatives of intermodal transportation companies that operate at airports;

(10)

airport concessionaires;

(11)

nonprofit public interest groups with expertise in consumer protection matters;

(12)

senior managers of the FAA Air Traffic Organization;

(13)

aircraft manufacturers;

(14)

entities representing individuals with disabilities;

(15)

certified labor organizations representing aviation workers, including—

(A)

FAA employees;

(B)

airline pilots working for air carriers operating under part 121 of title 14, Code of Federal Regulations;

(C)

flight attendants working for air carriers operating under part 121 of title 14, Code of Federal Regulations; and

(D)

other customer-facing airline and airport workers;

(16)

other organizations or industry segments as determined by the Secretary; and

(17)

other Federal agencies that directly interface with passengers at airports.

(c)

Vacancies.— A vacancy in the advisory committee under this section shall be filled in a manner consistent with subsection (b).

(d)

Travel Expenses.— Members of the advisory committee under this section shall serve without pay but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code.

(e)

Chair.— The Secretary shall designate an individual among the individuals appointed under subsection (b) to serve as Chair of the advisory committee.

(f)

Duties.— The duties of the advisory committee shall include—

(1)

evaluating ways to improve the comprehensive passenger experience, including—

(A)

transportation between airport terminals and facilities;

(B)

baggage handling;

(C)

wayfinding;

(D)

the security screening process; and

(E)

the communication of flight delays and cancellations;

(2)

evaluating ways to improve efficiency in the national airspace system affecting passengers;

(3)

evaluating ways to improve the cooperation and coordination between the Department of Transportation and other Federal agencies that directly interface with aviation passengers at airports;

(4)

responding to other taskings determined by the Secretary; and

(5)

providing recommendations to the Secretary and the Administrator, if determined necessary during the evaluations considered in paragraphs (1) through (4).

(g)

Report to Congress.— Not later than 1 year after the date of enactment of this Act, and every 2 years thereafter, the Secretary shall submit to Congress a report containing—

(1)

consensus recommendations made by the advisory committee since such date of enactment or the previous report, as appropriate; and

(2)

an explanation of how the Secretary has implemented such recommendations and, for such recommendations not implemented, the Secretary’s reason for not implementing such recommendation.

(h)

Definition.— The definitions in section 40102 of title 49, United States Code, shall apply to this section.

(i)

Sunset.— This section shall cease to be effective on October 1, 2028.

(j)

Termination of DOT ACCESS Advisory Committee.— The ACCESS Advisory Committee of the Department of Transportation shall terminate on the date of enactment of this Act.

SEC. 518. Updating Passenger Information Requirement Regulations.

(a)

ARAC Tasking.— Not later than 3 years after the date of enactment of this Act, the Administrator shall task the Aviation Rulemaking Advisory Committee with—

(1)

reviewing passenger information requirement regulations under section 121.317 of title 14, Code of Federal Regulation, and such other related regulations as the Administrator determines appropriate; and

(2)

making recommendations to update and improve such regulations.

(b)

Final Regulation.— Not later than 6 years after the date of enactment of this Act, the Administrator shall issue a final regulation revising section 121.317 of title 14, Code of Federal Regulations, and such other related regulations as the Administrator determines appropriate, to—

(1)

update such section and regulations to incorporate exemptions commonly issued by the Administrator;

(2)

reflect civil penalty inflation adjustments; and

(3)

incorporate such updates and improvements recommended by the Aviation Rulemaking Advisory Committee that the Administrator determines appropriate.

SEC. 519. Seat Dimensions.

Not later than 60 days after the date of enactment of this Act, the Administrator shall—

(1)

initiate a rulemaking activity based on the regulation described in section 577 of the FAA Reauthorization Act of 2018 (49 U.S.C. 42301 note); or

(2)

if the Administrator decides not to pursue the rulemaking described in paragraph (1), the Administrator shall brief appropriate committees of Congress on the justification of such decision.

SEC. 520. Modernization of Consumer Complaint Submissions.

Section 42302 of title 49, United States Code, is amended to read as follows:

“§ 42302. Consumer complaints

“(a) In General.—The Secretary of Transportation shall—

“(1) maintain an accessible website through the Office of Aviation Consumer Protection to accept the submission of complaints from airline passengers regarding air travel service problems; and

“(2) take appropriate actions to notify the public of such accessible website.

“(b) Notice to Passengers on the Internet.—An air carrier or foreign air carrier providing scheduled air transportation using any aircraft that as originally designed has a passenger capacity of 30 or more passenger seats shall include on the accessible website of the carrier—

“(1) the accessible website, e-mail address, or telephone number of the air carrier for the submission of complaints by passengers about air travel service problems; and

“(2) the accessible website maintained pursuant to subsection (a).

“(c) Use of Additional or Alternative Technologies.—The Secretary shall periodically evaluate the benefits of using mobile phone applications or other widely used technologies to—

“(1) provide additional or alternative means for air passengers to submit complaints; and

“(2) provide such additional or alternative means as the Secretary determines appropriate.

“(d) Air Ambulance Providers.—Each air ambulance provider shall include the accessible website, or a link to such accessible website, maintained pursuant to subsection (a) and the contact information for the Aviation Consumer Advocate established by section 424 of the FAA Reauthorization Act of 2018 (49 U.S.C. 42302 note) on—

“(1) any invoice, bill, or other communication provided to a passenger or customer of such provider; and

“(2) the accessible website and any related mobile device application of such provider.”

Subtitle B Accessibility

SEC. 541. Air Carrier Access Act Advisory Committee.

(a)

In General.— Section 439 of the FAA Reauthorization Act of 2018 (49 U.S.C. 41705 note) is amended—

(1)

in the section heading by striking “ advisory committee on the air travel needs of passengers with disabilities” and inserting “ air carrier access act advisory committee”;

(2)

in subsection (c)(1) by striking subparagraph (G) and inserting the following:

“(G) Manufacturers of wheelchairs, including powered wheelchairs, and other mobility aids.”

; and

(3)

in subsection (g) by striking “ May 10, 2024” and inserting “ September 30, 2028”.

(b)

Conforming Amendment.— Section 1(b) of the FAA Reauthorization Act of 2018 (Public Law 115–254) is amended by striking the item relating to section 439 and inserting the following:

“Sec. 439. Air Carrier Access Act advisory committee.”.

SEC. 542. Improved Training Standards for Assisting Passengers Who Use Wheelchairs.

(a)

Rulemaking.— Not later than 6 months after the date of enactment of this Act, the Secretary shall issue a notice of proposed rulemaking to develop requirements for minimum training standards for airline personnel or contractors who assist wheelchair users who board or deplane using an aisle chair or other boarding device.

(b)

Requirements.— The training standards developed under subsection (a) shall require, at a minimum, that airline personnel or contractors who assist passengers who use wheelchairs who board or deplane using an aisle chair or other boarding device—

(1)

before being allowed to assist a passenger using an aisle chair or other boarding device to board or deplane, be able to successfully demonstrate skills (during hands-on training sessions) on—

(A)

how to safely use the aisle chair, or other boarding device, including the use of all straps, brakes, and other safety features;

(B)

how to assist in the transfer of passengers to and from their wheelchair, the aisle chair, and the aircraft’s passenger seat, either by physically lifting the passenger or deploying a mechanical device for the lift or transfer; and

(C)

how to effectively communicate with, and take instruction from, the passenger;

(2)

are trained regarding the availability of accessible lavatories and on-board wheelchairs and the right of a qualified individual with a disability to request an on-board wheelchair; and

(3)

complete refresher training within 18 months of an initial training and be recertified on the job every 18 months thereafter by a relevant superior in order to remain qualified for providing aisle chair assistance.

(c)

Considerations.— In conducting the rulemaking under subsection (a), the Secretary shall consider, at a minimum—

(1)

whether to require air carriers and foreign air carriers to partner with national disability organizations and disabled veterans organizations representing individuals with disabilities who use wheelchairs and scooters in developing, administering, and auditing training;

(2)

whether to require air carriers and foreign air carriers to use a lift device, instead of an aisle chair, to board and deplane passengers with mobility disabilities; and

(3)

whether individuals able to provide boarding and deplaning assistance for passengers with limited or no mobility should receive training incorporating procedures from medical professionals on how to properly lift these passengers.

(d)

Final Rule.— Not later than 12 months after the date of enactment of this Act, the Secretary shall issue a final rule pursuant to the rulemaking conducted under this section.

(e)

Penalties.— The Secretary may assess a civil penalty in accordance with section 46301 of title 49, United States Code, to any air carrier or foreign air carrier who fails to meet the requirements established under the final rule under subsection (d).

SEC. 543. Training Standards for Stowage of Wheelchairs and Scooters.

(a)

Rulemaking.— Not later than 6 months after the date of enactment of this Act, the Secretary shall issue a notice of proposed rulemaking to develop minimum training standards related to stowage of wheelchairs and scooters used by passengers with disabilities on aircraft.

(b)

Requirements.— The training standards developed under subsection (a) shall require, at a minimum, that personnel and contractors of air carriers and foreign air carriers who stow wheelchairs and scooters on aircraft—

(1)

before being allowed to handle or stow a wheelchair or scooter, be able to successfully demonstrate skills (during hands-on training sessions) on—

(A)

how to properly handle and configure, at a minimum, the most commonly used power and manual wheelchairs and scooters for stowage on each aircraft type operated by the air carrier or foreign air carrier;

(B)

how to properly review any wheelchair or scooter information provided by the passenger or the wheelchair or scooter manufacturer; and

(C)

how to properly load, secure, and unload wheelchairs and scooters, including how to use any specialized equipment for loading or unloading, on each aircraft type operated by the air carrier or foreign air carrier; and

(2)

(c)

Considerations.— In conducting the rulemaking under subsection (a), the Secretary shall consider, at a minimum, whether to require air carriers and foreign air carriers to partner with wheelchair or scooter manufacturers, national disability and disabled veterans organizations representing individuals who use wheelchairs and scooters, and aircraft manufacturers, in developing, administering, and auditing training.

(d)

Final Rule.— Not later than 12 months after the date of enactment of this Act, the Secretary shall issue a final rule pursuant to the rulemaking conducted under this section.

(e)

SEC. 544. Mobility Aids on Board Improve Lives and Empower All.

(a)

Publication of Cargo Hold Dimensions.—

(1)

In general.— Not later than 2 years after the date of enactment of this Act, the Secretary shall require air carriers to publish in a prominent and easily accessible place on the public website of the air carrier, information describing the relevant dimensions and other characteristics of the cargo holds of all aircraft types operated by the air carrier, including the dimensions of the cargo hold entry, that would limit the size, weight, and allowable type of cargo.

(2)

Proprietary information.— The Secretary shall allow an air carrier to protect the confidentiality of any trade secret or proprietary information submitted in accordance with paragraph (1), as appropriate.

(b)

Refund Required for Individual Traveling With Wheelchair.— In the case of a qualified individual with a disability traveling with a wheelchair who has purchased a ticket for a flight from an air carrier, but who cannot travel on the aircraft for such flight because the wheelchair of such qualified individual cannot be physically accommodated in the cargo hold of the aircraft, the Secretary shall require such air carrier to offer a refund to such qualified individual of any previously paid fares, fees, and taxes applicable to such flight.

(c)

Evaluation of Data Regarding Damaged Wheelchairs.— Not later than 12 months after the date of enactment of this Act, and annually thereafter, the Secretary shall—

(1)

evaluate data regarding the type and frequency of incidents of the mishandling of wheelchairs on aircraft and delineate such data by—

(A)

types of wheelchairs involved in such incidents; and

(B)

the ways in which wheelchairs are mishandled, including the type of damage to wheelchairs (such as broken drive wheels or casters, bent or broken frames, damage to electrical connectors or wires, control input devices, joysticks, upholstery or other components, loss, or delay of return);

(2)

determine whether there are trends with respect to the data evaluated under paragraph (1); and

(3)

make available on the public website of the Department of Transportation, in an accessible manner, a report containing the results of the evaluation of data and determination made under paragraphs (1) and (2) and a description of how the Secretary plans to address such results.

(d)

Report to Congress on Mishandled Wheelchairs.— Upon completion of each annual report required under subsection (c), the Secretary shall transmit to the appropriate committees of Congress such report.

(e)

Feasibility of In-Cabin Wheelchair Restraint Systems.—

(1)

Roadmap.— Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a publicly available strategic roadmap that describes how the Department of Transportation and the United States Access Board, respectively, shall, in accordance with the recommendations from the National Academies of Science, Engineering, and Mathematics Transportation Research Board Special Report 341—

(A)

establish a program of research, in collaboration with the Rehabilitation Engineering and Assistive Technology Society of North America, the assistive technology industry, air carriers, original equipment manufacturers, national disability and disabled veterans organizations, and any other relevant stakeholders, to test and evaluate an appropriate selection of WC19-compliant wheelchairs and accessories in accordance with applicable FAA crashworthiness and safety performance criteria, including the issues and considerations set forth in such Special Report 341; and

(B)

sponsor studies that assess issues and considerations, including those set forth in such Special Report 341, such as—

(i)

the likely demand for air travel by individuals who are nonambulatory if such individuals could remain seated in their personal wheelchairs in flight; and

(ii)

the feasibility of implementing seating arrangements that would accommodate passengers in wheelchairs in the main cabin in flight.

(2)

Study.— If determined to be technically feasible by the Secretary, not later than 2 years after making such determination, the Secretary shall commence a study to assess the economic and financial feasibility of air carriers and foreign air carriers implementing seating arrangements that accommodate passengers with wheelchairs in the main cabin during flight. Such study shall include an assessment of—

(A)

the cost of such seating arrangements, equipment, and installation;

(B)

the demand for such seating arrangements;

(C)

the impact of such seating arrangements on passenger seating and safety on aircraft;

(D)

the impact of such seating arrangements on the cost of operations and airfare; and

(E)

any other information determined appropriate by the Secretary.

(3)

Report.— Not later than 1 year after the date on which the study under paragraph (2) is completed, the Secretary shall submit to the appropriate committees of Congress a publicly available report describing the results of the study conducted under paragraph (2) and any recommendations the Secretary determines appropriate.

(f)

Definitions.— In this section:

(1)

Air carrier.— The term “air carrier” has the meaning given such term in section 40102 of title 49, United States Code.

(2)

Disability; qualified individual with a disability.— The terms “disability” and “qualified individual with a disability” have the meanings given such terms in section 382.3 of title 14, Code of Federal Regulations (as in effect on date of enactment of this Act).

(3)

Wheelchair.— The term “wheelchair” has the meaning given such term in section 37.3 of title 49, Code of Federal Regulations (as in effect on date of enactment of this Act), and includes power wheelchairs, manual wheelchairs, and scooters.

SEC. 545. Prioritizing Accountability and Accessibility for Aviation Consumers.

(a)

Annual Report.— Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to the appropriate committees of Congress, and make publicly available, a report on aviation consumer complaints related to passengers with a disability filed with the Department of Transportation.

(b)

Contents.— Each annual report submitted under subsection (a) shall, at a minimum, include the following:

(1)

The number of aviation consumer complaints reported to the Secretary related to passengers with a disability filed with the Department of Transportation during the calendar year preceding the year in which such report is submitted.

(2)

The nature of such complaints, including reported issues with—

(A)

an air carrier, including an air carrier’s staff training or lack thereof;

(B)

mishandling of passengers with a disability or their accessibility equipment, including mobility aids and wheelchairs;

(C)

the condition, availability, or lack of accessibility of equipment operated by an air carrier or a contractor of an air carrier;

(D)

the accessibility of in-flight services, including accessing and using on-board lavatories, for passengers with a disability;

(E)

difficulties experienced by passengers with a disability in communicating with air carrier personnel;

(F)

difficulties experienced by passengers with a disability in being moved, handled, or otherwise assisted;

(G)

an air carrier changing the flight itinerary of a passenger with a disability without the consent of such passenger;

(H)

issues experienced by passengers with a disability traveling with a service animal; and

(I)

such other issues as the Secretary determines appropriate.

(3)

An overview of the review process for such complaints received during such calendar year.

(4)

The median length of time for how quickly review of such complaints was initiated by the Secretary.

(5)

The median length of time for how quickly such complaints were resolved or otherwise addressed.

(6)

Of the complaints that were found to violate section 41705 of title 49, United States Code—

(A)

the number of such complaints for which a formal enforcement order was issued; and

(B)

the number of such complaints for which a formal enforcement order was not issued.

(7)

How many aviation consumer complaints related to passengers with a disability were referred to the Department of Justice for an enforcement action under—

(A)

section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);

(B)

the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); or

(C)

any other provision of law.

(8)

How many aviation consumer complaints related to passengers with a disability filed with the Department of Transportation that involved airport staff (or other matters under the jurisdiction of the FAA) were referred to the FAA.

(9)

The number of disability-related aviation consumer complaints filed with the Department of Transportation involving Transportation Security Administration staff that were referred to the Transportation Security Administration or the Department of Homeland Security.

(c)

Definitions.—

(1)

In general.— Except as provided in paragraph (2), the definitions set forth in section 40102 of title 49, United States Code, and section 382.3 of title 14, Code of Federal Regulations, apply to this section.

(2)

Air carrier.— The term “air carrier” means an air carrier conducting passenger operations under part 121 of title 14, Code of Federal Regulations.

(3)

Passengers with a disability.— In this section, the term “passengers with a disability” has the meaning given the term “qualified individual with a disability” in section 382.3 of title 14, Code of Federal Regulations.

SEC. 546. Accommodations for Qualified Individuals with Disabilities.

(a)

In General.—

(1)

Advanced notice of proposed rulemaking.— Not later than 180 days after the date of enactment of this Act, the Secretary shall issue an advanced notice of proposed rulemaking regarding seating accommodations for any qualified individual with a disability.

(2)

Notice of proposed rulemaking.— Not later than 18 months after the date on which the advanced notice of proposed rulemaking under paragraph (1) is completed, the Secretary shall issue a notice of proposed rulemaking regarding seating accommodations for any qualified individual with a disability.

(3)

Final rule.— Not later than 30 months after the date on which the notice of proposed rulemaking under subparagraph (B) is completed, the Secretary shall issue a final rule pursuant to the rulemaking conducted under this subsection.

(b)

Considerations.— In carrying out the advanced notice of proposed rulemaking required in subsection (a)(1), the Secretary shall consider the following:

(1)

The scope and anticipated number of qualified individuals with a disability who—

(A)

may need to be seated with a companion to receive assistance during a flight; or

(B)

should be afforded bulkhead seats or other seating considerations.

(2)

The types of disabilities that may need seating accommodations.

(3)

Whether such qualified individuals with a disability are unable to obtain, or have difficulty obtaining, appropriate seating accommodations.

(4)

The scope and anticipated number of individuals assisting a qualified individual with a disability who should be afforded an adjoining seat pursuant to section 382.81 of title 14, Code of Federal Regulations.

(5)

Any notification given to qualified individuals with a disability regarding available seating accommodations.

(6)

Any method that is adequate to identify fraudulent claims for seating accommodations.

(7)

Any other information determined appropriate by the Secretary.

(c)

Known Service Animal Travel Pilot Program.—

(1)

In general.— The Secretary shall establish a pilot program to allow approved program participants as known service animals for purposes of exemption from the documentation requirements under part 382 of title 14, Code of Federal Regulations, with respect to air travel with a service animal.

(2)

Requirements.— The pilot program established under paragraph (1) shall—

(A)

be optional for a service animal accompanying a qualified individual with a disability;

(B)

provide for assistance for applicants, including over-the-phone assistance, throughout the application process for the program; and

(C)

with respect to any web-based components of the pilot program, meet or exceed the standards described in section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) and the regulations implementing that Act as set forth in part 1194 of title 36, Code of Federal Regulations (or any successor regulations).

(3)

Consultation.— In establishing the pilot program under paragraph (1), the Secretary shall consult with—

(A)

disability organizations, including advocacy and nonprofit organizations that represent or provide services to individuals with disabilities;

(B)

air carriers and foreign air carriers;

(C)

accredited service animal training programs and authorized registrars, such as the International Guide Dog Federation, Assistance Dogs International, and other similar organizations and foreign and domestic governmental registrars of service animals;

(D)

other relevant departments or agencies of the Federal Government; and

(E)

other entities determined to be appropriate by the Secretary.

(4)

Eligibility.— To be eligible to participate in the pilot program under this subsection, an individual shall—

(A)

be a qualified individual with a disability;

(B)

require the assistance of a service animal because of a disability; and

(C)

submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

(5)

Clarification.— The Secretary may award a grant or enter into a contract or cooperative agreement in order to carry out this subsection.

(6)

Nominal fee.— The Secretary may require an applicant to pay a nominal fee, not to exceed $25, to participate in the pilot program.

(7)

Reports to congress.— Not later than 1 year after the establishment of the pilot program under this subsection, and annually thereafter until the date described in paragraph (8), the Secretary shall submit to the appropriate committees of Congress and make publicly available report on the progress of the pilot program.

(8)

Sunset.— The pilot program shall terminate on the date that is 5 years after the date of enactment of this Act.

(d)

Accredited Service Animal Training Programs and Authorized Registrars.— Not later than 6 months after the date of enactment of this Act, the Secretary shall publish and maintain, on the website of the Department of Transportation, a list of—

(1)

accredited programs that train service animals; and

(2)

authorized registrars that evaluate service animals.

(e)

Report to Congress on Service Animal Requests.— Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to the appropriate committees of Congress a report on requests for air travel with service animals, including—

(1)

during the reporting period, how many requests to board an aircraft with a service animal were made in total, and how many requests were made by qualified individuals with disabilities; and

(2)

the number and percentage of such requests, categorized by type of request, that were reported by air carriers or foreign air carriers as—

(A)

granted;

(B)

denied but not fraudulent; or

(C)

denied as fraudulent.

(f)

Training.—

(1)

In general.— Not later than 180 days after the date of enactment of this section, the Secretary shall, in consultation with the Air Carrier Access Act Advisory Committee, issue guidance regarding improvements to training for airline personnel (including contractors) in recognizing when a qualified individual with a disability is traveling with a service animal.

(2)

Requirements.— The guidance issued under paragraph (1) shall—

(A)

take into account respectful engagement with and assistance for individuals with a wide range of visible and nonvisible disabilities;

(B)

provide information on—

(i)

service animal behavior and whether the service animal is appropriately harnessed, leashed, or otherwise tethered; and

(ii)

the various types of service animals, such as guide dogs, hearing or signal dogs, psychiatric service dogs, sensory or social signal dogs, and seizure response dogs; and

(C)

outline the rights and responsibilities of the handler of the service animal.

(g)

Definitions.— In this section:

(1)

Air carrier.— The term “air carrier” has the meaning given that term in section 40102 of title 49, United States Code.

(2)

Foreign air carrier.— The term “foreign air carrier” has the meaning given that term in section 40102 of title 49, United States Code.

(3)

Qualified individual with a disability.— The term “qualified individual with a disability” has the meaning given that term in section 382.3 of title 14, Code of Federal Regulations.

(4)

Service animal.— The term “service animal” has the meaning given that term in section 382.3 of title 14, Code of Federal Regulations.

SEC. 547. Equal Accessibility to Passenger Portals.

(a)

Applications and Information Communication Technologies.— Not later than 2 years after the date of enactment of this Act, the Secretary shall, in consultation with the United States Architectural and Transportation Barriers Compliance Board, issue regulations setting forth minimum standards to ensure that individuals with disabilities are able to access customer-focused kiosks, software applications, and websites of air carriers, foreign air carriers, and airports, in a manner that is equally as effective, and has a substantially equivalent ease of use, as for individuals without disabilities.

(b)

Consistency With Guidelines.— The standards set forth under subsection (a) shall be consistent with the standards contained in the Web Content Accessibility Guidelines 2.1 Level AA of the Web Accessibility Initiative of the World Wide Web Consortium or any subsequent version of such Guidelines.

(c)

Review.—

(1)

Air carrier access act advisory committee review.— The Air Carrier Access Act Advisory Committee shall periodically review, and make appropriate recommendations regarding, the accessibility of websites, kiosks, and information communication technology of air carriers, foreign air carriers, and airports, and make such recommendations publicly available.

(2)

DOT review.— Not later than 5 years after issuing regulations under subsection (a), and every 5 years thereafter, the Secretary shall—

(A)

review the recommendations of the Air Carrier Access Act Advisory Committee regarding the regulations issued under this subsection; and

(B)

update such regulations as necessary.

SEC. 548. Aircraft Access Standards.

(a)

Aircraft Access Standards.—

(1)

Standards.—

(A)

Advance notice of proposed rulemaking.— Not later than 1 year after the date of enactment of this Act, the Secretary shall issue an advanced notice of proposed rulemaking regarding standards to ensure that the aircraft boarding and deplaning process is accessible, in terms of design for, transportation of, and communication with, individuals with disabilities, including individuals who use wheelchairs.

(B)

Notice of proposed rulemaking.— Not later than 1 year after the date on which the advanced notice of proposed rulemaking under subparagraph (A) is completed, the Secretary shall issue a notice of proposed rulemaking regarding standards addressed in subparagraph (A).

(C)

Final rule.— Not later than 1 year after the date on which the notice of proposed rulemaking under subparagraph (B) is completed, the Secretary shall issue a final rule.

(2)

Covered airport, equipment, and features.— The standards prescribed under paragraph (1)(A) shall address, at a minimum—

(A)

boarding and deplaning equipment;

(B)

improved procedures to ensure the priority cabin stowage for manual assistive devices pursuant to section 382.67 of title 14, Code of Federal Regulations; and

(C)

improved cargo hold storage to prevent damage to assistive devices.

(3)

Consultation.— For purposes of the rulemaking under this subsection, the Secretary shall consult with the Access Board and any other relevant department or agency to determine appropriate accessibility standards.

(b)

In-Flight Entertainment Rulemaking.— Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue a notice of proposed rulemaking in accordance with the November 22, 2016, resolution of the Department of Transportation ACCESS Committee and the consensus recommendation set forth in the Term Sheet Reflecting Agreement of the Access Committee Regarding In-Flight Entertainment.

(c)

Negotiated Rulemaking on In-Cabin Wheelchair Restraint Systems and Enplaning and Deplaning Standards.—

(1)

Timing.—

(A)

In general.— Not later than 1 year after completion of the report required by section 544(e)(2), and if such report finds economic and financial feasibility of air carriers and foreign air carriers implementing seating arrangements that accommodate individuals with disabilities using wheelchairs (including power wheelchairs, manual wheelchairs, and scooters) in the main cabin during flight, the Secretary shall conduct a negotiated rulemaking on new type certificated aircraft standards for seating arrangements that accommodate such individuals in the main cabin during flight or an accessible route to a minimum of 2 aircraft passenger seats for passengers to access from personal assistive devices of such individuals.

(B)

Requirement.— The negotiated rulemaking under subparagraph (A) shall include participation of representatives of—

(i)

air carriers;

(ii)

aircraft manufacturers;

(iii)

national disability organizations;

(iv)

aviation safety experts; and

(v)

mobility aid manufacturers.

(2)

Notice of proposed rulemaking.— Not later than 1 year after the completion of the negotiated rulemaking required under paragraph (1), the Secretary shall issue a notice of proposed rulemaking regarding the standards described in paragraph (1).

(3)

Final rule.— Not later than 1 year after the date on which the notice of proposed rulemaking under paragraph (2) is completed, the Secretary shall issue a final rule regarding the standards described in paragraph (1).

(4)

Considerations.— In the negotiated rulemaking and rulemaking required under this subsection, the Secretary shall consider—

(A)

a reasonable period for the design, certification, and construction of aircraft that meet the requirements;

(B)

the safety of all persons on-board the aircraft, including necessary wheelchair standards and wheelchair compliance with FAA crashworthiness and safety performance criteria; and

(C)

the costs of design, installation, equipage, and aircraft capacity impacts, including partial fleet equipage and fare impacts.

(d)

Visual and Tactilely Accessible Announcements.— The Advisory Committee established under section 439 of the FAA Reauthorization Act of 2018 (49 U.S.C. 41705 note) shall examine technical solutions and the feasibility of visually and tactilely accessible announcements on-board aircraft.

(e)

Airport Facilities.— Not later than 2 years after the date of enactment of this Act, the Secretary shall, in direct consultation with the Access Board, prescribe regulations setting forth minimum standards under section 41705 of title 49, United States Code, that ensure all gates (including counters), ticketing areas, and customer service desks covered under such section at airports are accessible to and usable by all individuals with disabilities, including through the provision of visually and tactilely accessible announcements and full and equal access to aural communications.

(f)

Definitions.— In this section:

(1)

Access board.— The term “Access Board” means the Architectural and Transportation Barriers Compliance Board.

(2)

Air carrier.— The term “air carrier” has the meaning given such term in section 40102 of title 49, United States Code.

(3)

Individual with a disability.— The term “individual with a disability” has the meaning given such term in section 382.3 of title 14, Code of Federal Regulations.

(4)

Foreign air carrier.— The term “foreign air carrier” has the meaning given such term in section 40102 of title 49, United States Code.

SEC. 549. Investigation of Complaints.

Section 41705(c) of title 49, United States Code, is amended by striking paragraph (1), and inserting the following:

“(1) In general.—The Secretary shall—

“(A) not later than 120 days after the receipt of any complaint of a violation of this section or a regulation prescribed under this section, investigate such complaint; and

“(B) provide, in writing, to the individual that filed the complaint and the air carrier or foreign air carrier alleged to have violated this section or a regulation prescribed under this section, the determination of the Secretary with respect to—

“(i) whether the air carrier or foreign air carrier violated this section or a regulation prescribed under this section;

“(ii) the facts underlying the complaint; and

“(iii) any action the Secretary is taking in response to the complaint.”

SEC. 550. Removal of Outdated References to Passengers with Disabilities.

(a)

Sovereignty and Use of Airspace.— Section 40103(a)(2) of title 49, United States Code, is amended by striking “ handicapped individuals” and inserting “ individuals with disabilities”.

(b)

Special Prices for Foreign Air Transportation.— Section 41511(b)(4) of title 49, United States Code, is amended by striking “ handicap” and inserting “ disability”.

(c)

Discrimination Against Individuals With Disabilities.— Section 41705 of title 49, United States Code, is amended in the heading by striking “ handicapped individuals” and inserting “ individuals with disabilities”.

(d)

Clerical Amendment.— The analysis for chapter 417 of title 49, United States Code, is amended by striking the item relating to section 41705 and inserting the following:

“41705. Discrimination against individuals with disabilities.”.

SEC. 551. On-Board Wheelchairs in Aircraft Cabin.

(a)

In General.— If an individual informs an air carrier or foreign air carrier at the time of booking a ticket for air transportation on a covered aircraft that the individual requires the use of any wheelchair, the air carrier or foreign air carrier shall provide information regarding the provision and use of on-board wheelchairs, including the rights and responsibilities of the air carrier and passenger as such rights and responsibilities relate to the provision and use of on-board wheelchairs.

(b)

Availability of Information.— An air carrier or foreign air carrier that operates a covered aircraft shall provide on a publicly available website of the carrier information regarding the rights and responsibilities of both passengers on such aircraft and the air carrier or foreign air carrier relating to on-board wheelchairs, including—

(1)

that an air carrier or foreign air carrier is required to equip aircraft that have more than 60 passenger seats and that have an accessible lavatory (whether or not having such a lavatory is required by section 382.63 of title 14, Code of Federal Regulations) with an on-board wheelchair, unless an exception described in such section 382.65 applies;

(2)

that a qualified individual with a disability (as defined in section 382.3 of title 14, Code of Federal Regulations (as in effect on date of enactment of this Act)) may request an on-board wheelchair on aircraft with more than 60 passenger seats even if the lavatory is not accessible and that the basis of such request must be that the individual can use an inaccessible lavatory but cannot reach it from a seat without using an on-board wheelchair;

(3)

that the air carrier or foreign air carrier may require the qualified individual with a disability to provide the advance notice specified in section 382.27 of title 14, Code of Federal Regulations, in order for the individual to be provided with the on-board wheelchair; and

(4)

if the air carrier or foreign air carrier requires the advance notice described in paragraph (3), information on how such a qualified individual with a disability can make such a request.

(c)

Definitions.— In this section:

(1)

Applicability of terms.— The definitions contained in section 40102 of title 49, United States Code, apply to this section.

(2)

Covered aircraft.— The term “covered aircraft” means an aircraft that is required to be equipped with on-board wheelchairs in accordance with section 382.65 of title 14, Code of Federal Regulations.

SEC. 552. Aircraft Accessibility.

(a)

In General.— Not later than 1 year after the date of enactment of this Act, the Secretary shall initiate a program to study and evaluate the accessibility of new transport category aircraft designs certified, including, at a minimum—

(1)

considering the safe boarding and deplaning processes for such aircraft, including individuals who use wheelchairs or other mobility aids, are blind or have limited vision, or are deaf or hard of hearing; and

(2)

determining such aircraft can provide accessible lavatories.

(b)

Consultation.— In conducting the study and evaluation under this section, the Secretary shall consult with—

(1)

air carriers;

(2)

aircraft manufacturers and aerospace supply companies; and

(3)

other stakeholders as determined appropriate by the Secretary.

(c)

Report and Recommendations.— Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress—

(1)

a report on the findings of the study and evaluation under subsection (a); and

(2)

any recommendations based on the findings of such study and evaluation.

(d)

Rule of Construction.— Nothing in this section shall be construed to require the Secretary to require the retrofit of transport category aircraft based on the findings and evaluation under subsection (a).

Subtitle C Air Service Development

SEC. 561. Essential Air Service Reforms.

(a)

Reduction in Subsidy Cap.—

(1)

In general.— Section 41731(a)(1)(C) of title 49, United States Code, is amended to read as follows:

“(C) had an average subsidy per passenger, as determined by the Secretary—

“(i) of less than $1,000 during the most recent fiscal year beginning before October 1, 2026, regardless of driving miles to the nearest large or medium hub airport;

“(ii) of less than $850 during the most recent fiscal year beginning after September 30, 2026, regardless of driving miles to the nearest medium or large hub airport; and

“(iii) of less than $650 during the most recent fiscal year for locations that are less than 175 miles from the nearest large or medium hub airport; and”

(2)

Notice.— Section 41731(a)(1)(D)(ii) is amended by striking “ 90-day” and inserting “ 140-day”.

(3)

Waivers.— Section 41731(e) of title 49, United States Code, is amended to read as follows:

“(e) Waivers.—

“(1) In general.—The Secretary may waive, on an annual basis, subsections (a)(1)(B) and (a)(1)(C)(iii) with respect to an eligible place if such place demonstrates to the Secretary’s satisfaction that the reason the eligibility requirements of such subsections are not met is due to a temporary decline in demand.

“(2) Limitation.—Beginning with fiscal year 2027, the Secretary may not provide a waiver of subsection (a)(1)(B) to any location—

“(A) in more than 2 consecutive fiscal years; or

“(B) in more than 5 fiscal years within 25 consecutive years.

“(3) Limitation.—Beginning in fiscal year 2027, the Secretary may not provide a waiver of subsection (a)(1)(C)(iii) to any location—

“(A) in more than 2 consecutive fiscal years; or

“(B) in more than 5 fiscal years within 25 consecutive years.”

(4)

Conforming amendments.—

(A)

Section 332 of the Department of Transportation and Related Agencies Appropriations Act, 2000 (Public Law 106–69; 49 U.S.C. 41731 note) is repealed.

(B)

Subsections (c) and (d) of section 426 of the FAA Modernization and Reform Act (49 U.S.C. 41731 note) are repealed.

(b)

Restriction on Length of Routes.—

(1)

In general.— Section 41732(a)(1) of title 49, United States Code, is amended to read as follows:

“(1) to a medium or large hub airport less than 650 miles from an eligible place (unless such airport or eligible place are located in a noncontiguous State); or”

(2)

Exception.— The amendment made by paragraph (1) shall not apply to an eligible place that is served by an air carrier selected to receive essential air service compensation under subchapter II of chapter 417 of title 49, United States Code, if—

(A)

such service is in effect upon the date of enactment of this Act; and

(B)

such service is provided by the same air carrier that provided service on the date of enactment of this Act.

(3)

Sunset.— Paragraph (2) shall cease to have effect on October 1, 2028.

(c)

Improvements to Basic Essential Air Service.— Section 41732 of title 49, United States Code, is amended—

(1)

in subsection (a)(2) by inserting “ medium or large” after “ nearest”; and

(2)

in subsection (b)—

(A)

by striking paragraphs (3) and (4);

(B)

by redesignating paragraph (5) as paragraph (3); and

(C)

by striking paragraph (6).

(d)

Level of Basic Essential Air Service.— Section 41733 of title 49, United States Code, is amended—

(1)

in subsection (c)(1)—

(A)

by striking subparagraph (B) and inserting the following:

“(B) the contractual, marketing, code-share, or interline arrangements the applicant has made with a larger air carrier serving the hub airport;”

(B)

by striking subparagraph (C);

(C)

by redesignating subparagraphs (D) through (F) as subparagraphs (C) through (E), respectively;

(D)

in subparagraph (C), as so redesignated, by striking “ giving substantial weight to” and inserting “ including”;

(E)

in subparagraph (D), as so redesignated, by striking “ and” at the end;

(F)

in subparagraph (E), as so redesignated, by striking the period and inserting “ ; and”; and

(G)

by adding at the end the following:

“(F) the total compensation proposed by the air carrier for providing scheduled air service under this section.”

; and

(2)

in subsection (h) by striking “ by section 332 of the Department of Transportation and Related Agencies Appropriations Act, 2000 (Public Law 106–69; 113 Stat. 1022)” and inserting “ under section 41731(a)(1)(C)”.

(e)

Sense of Congress.— It is the sense of Congress that route structures to rural airports serve a critical function to the Nation by connecting many military installations to major regional airline hubs.

(f)

Ending, Suspending, and Reducing Basic Essential Air Service.— Section 41734 of title 49, United States Code, is amended—

(1)

in subsection (a)—

(A)

by striking “ An air carrier” and inserting “ Subject to subsection (d), an air carrier”; and

(B)

by striking “ 90” and inserting “ 140”;

(2)

by striking subsection (d) and inserting the following:

“(d) Continuation of Compensation After Notice Period.—

“(1) In general.—If an air carrier receiving compensation under section 41733 for providing basic essential air service to an eligible place is required to continue to provide service to such place under this section after the 140-day notice period under subsection (a), the Secretary—

“(A) shall provide the carrier with compensation sufficient to pay to the carrier the amount required by the then existing contract for performing the basic essential air service that was being provided when the 140-day notice was given under subsection (a);

“(B) may pay an additional amount that represents a reasonable return on investment; and

“(C) may pay an additional return that recognizes the demonstrated additional lost profits from opportunities foregone and the likelihood that those lost profits increase as the period during which the carrier or provider is required to provide the service continues.

“(2) Authority.—The Secretary may incorporate contract termination penalties or conditions on compensation into a contract for an air carrier to provide service to an eligible place that take effect in the event an air carrier provides notice that it is ending, suspending, or reducing basic essential air service.”

(3)

in subsection (e) by striking “ providing that service after the 90-day notice period” and all that follows through the period at the end of paragraph (2) and inserting “ providing that service after the 140-day notice period required by subsection (a), the Secretary may provide the air carrier with compensation after the end of the 140-day notice period to pay for the fully allocated actual cost to the air carrier of performing the basic essential air service that was being provided when the 140-day notice was given under subsection (a) plus a reasonable return on investment that is at least 5 percent of operating costs.”; and

(4)

in subsection (f) by inserting “ air” after “ find another”.

(g)

Enhanced Essential Air Service.— Section 41735 of title 49, United States Code, and the item relating to such section in the analysis for subchapter II of chapter 417 of such title, are repealed.

(h)

Compensation Guidelines, Limitations, and Claims.— Section 41737(d) of title 49, United States Code, is amended—

(1)

by striking “ (1)” before “ The Secretary may”; and

(2)

by striking paragraph (2).

(i)

Joint Proposals.— Section 41740 of title 49, United States Code, and the item relating to such section in the analysis for subchapter II of chapter 417 of such title, are repealed.

(j)

Preservation of Basic Essential Air Service at Single Carrier Dominated Hub Airports.— Section 41744 of title 49, United States Code, and the item relating to such section in the analysis for subchapter II of chapter 417 of such title, are repealed.

(k)

Community and Regional Choice Programs.— Section 41745 of title 49, United States Code, is amended—

(1)

in subsection (a)(3), by striking subparagraph (E) and redesignating subparagraph (F) as subparagraph (E);

(2)

by striking subsections (b) and (c); and

(3)

by redesignating subsections (d) through (g) as subsections (b) through (e), respectively.

(l)

Marketing Program.— Section 41748 of title 49, United States Code, and the item relating to such section in the analysis for subchapter II of chapter 417 of such title, are repealed.

SEC. 562. Small Community Air Service Development Grants.

Section 41743 of title 49, United States Code, is amended—

(1)

in subsection (c)—

(A)

in paragraph (4)(B), by striking “ 10-year” and inserting “ 5-year”; and

(B)

in paragraph (5)—

(i)

by redesignating subparagraphs (B) through (G) as subparagraphs (C) through (H), respectively;

(ii)

by inserting after subparagraph (A) the following:

“(B) the community has demonstrated support from at least 1 air carrier to provide service;”

; and

(iii)

in subparagraph (F), as so redesignated, by inserting “ or substantially reduced (as measured by enplanements, capacity (seats), schedule, connections, or routes)” after “ terminated”;

(2)

in subsection (d)—

(A)

in paragraph (1) by inserting “ , which shall begin with each new grant, including same-project new grants, and which shall be calculated on a non-consecutive basis for air carriers that provide air service that is seasonal” after “ 3 years”; and

(B)

in paragraph (2) by inserting “ , or an airport where air service has been terminated or substantially reduced,” before “ to obtain service”;

(3)

in subsection (e)—

(A)

in paragraph (1) by inserting “ or the community’s current air service needs” after “ the project”; and

(B)

in paragraph (2) by striking “ $10,000,000 for each of fiscal years 2018 through 2023” and all that follows through “ May 10, 2024” and inserting “ $15,000,000 for each of fiscal years 2024 through 2028”;

(4)

in subsection (g)(4) by striking “ and the creation of aviation development zones”; and

(5)

by striking subsections (f) and (h) and redesignating subsection (g) (as amended by paragraph (4)) as subsection (f).

SEC. 563. Gao Study and Report on the Alternate Essential Air Service Pilot Program.

(a)

Study.— The Comptroller General shall study the effectiveness of the alternate essential air service pilot program established under section 41745 of title 49, United States Code, (in this section referred to as the “Alternate EAS program”), including challenges, if any, that have impeded robust community participation in the Alternate EAS program.

(b)

Contents.— The study required under subsection (a) shall include an assessment of potential changes to the Alternate EAS program and the basic essential air service programs under subchapter II of chapter 417 of title 49, United States Code, including changes in which Governors of States or territories containing essential air service communities would be given block grants in lieu of essential air service subsidies.

(c)

Briefing.— Not later than 3 years after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a report on the study required under subsection (a), including any recommendations for legislation and administrative action as the Comptroller General determines appropriate.

SEC. 564. Essential Air Service in Parts of Alaska.

Not later than September 1, 2024, the Secretary, in consultation with the appropriate State authority of Alaska, shall review all domestic points in the State of Alaska that were deleted from carrier certificates between July 1, 1968, and October 24, 1978, and that were not subsequently determined to be an eligible place prior to January 1, 1982, as a result of being unpopulated at that time due to destruction during the 1964 earthquake and its resultant tidal wave, to determine whether such points have been resettled or relocated and should be designated as an eligible place entitled to receive a determination of the level of essential air service supported, if necessary, with Federal funds.

SEC. 565. Essential Air Service Community Petition for Review.

(a)

In General.— Section 41733 of title 49, United States Code, is amended—

(1)

in subsection (b)(2) by inserting “ , as defined by the Secretary” after “ appropriate representative of the place”; and

(2)

by adding at the end the following:

“(i) Community Petition for Review.—

“(1) Petition.—An appropriate representative of an eligible place, as defined by the Secretary, may submit to the Secretary a petition expressing no confidence in the air carrier providing basic essential air service under this section and requesting a review by the Secretary. A petition submitted under this subsection shall demonstrate that the air carrier—

“(A) is unwilling or unable to meet the operational specifications outlined in the order issued by the Secretary specifying the terms of basic essential air service to such place;

“(B) is experiencing reliability challenges with the potential to adversely affect air service to such place; or

“(C) is no longer able to provide service to such place at the rate of compensation specified by the Secretary.

“(2) Review.—Not later than 2 months after the date on which the Secretary receives a petition under paragraph (1), the Secretary shall review the operational performance of the air carrier providing basic essential air service to such place that submitted such petition and determine whether such air carrier is fully complying with the obligations specified in the order issued by the Secretary specifying the terms of basic essential air service to such place.

“(3) Termination.—If based on a review under paragraph (2), the Secretary determines noncompliance by an air carrier with an order specifying the terms for basic essential air service to the community, the Secretary may—

“(A) terminate the order issued to the air carrier; and

“(B) issue a notice pursuant to subsection (c) that an air carrier may apply to provide basic essential air service to such place for compensation under this section and select an applicant pursuant to such subsection.

“(4) Continuation of service.—If the Secretary makes a determination under paragraph (3) to terminate an order issued to an air carrier under this section, the Secretary shall ensure continuity in air service to the affected place.”

SEC. 566. Essential Air Service Authorization.

Section 41742(a)(2) of title 49, United States Code, is amended by striking “ $155,000,000 for fiscal year 2018” and all that follows through “ May 10, 2024,” and inserting “ $348,544,000 for fiscal year 2024, $340,000,000 for fiscal year 2025, $342,000,000 for fiscal year 2026, $342,000,000 for fiscal year 2027, and $350,000,000 for fiscal year 2028”.

SEC. 567. Gao Study on Costs of Essential Air Service.

(a)

Study.— The Comptroller General shall conduct a study of the change in costs of the essential air service program under sections 41731 through 41742 of title 49, United States Code.

(b)

Contents.— In conducting the study required under subsection (a), the Comptroller General shall—

(1)

assess trends in costs of the essential air service program under sections 41731 through 41742 of title 49, United States Code, over the 10-year period ending on the date of enactment of this Act; and

(2)

review potential causes for the increased cost of the essential air service program, including—

(A)

labor costs;

(B)

fuel costs;

(C)

aging aircraft costs;

(D)

air carrier opportunity costs;

(E)

airport costs; and

(F)

the effects of the COVID–19 pandemic.

(c)

Report.— Not later than 18 months after the date of enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a report on the results of the study conducted under subsection (a).

SEC. 568. Response Time for Applications to Provide Essential Air Service.

The Secretary shall take such actions as are necessary to respond with an approval or denial of any application filed by an applicant to provide essential air service under subchapter II of chapter 417 of title 49, United States Code, to the greatest extent practicable not later than 6 months after receiving such application. The Assistant General Counsel for International and Aviation Economic Law shall ensure the timely review of all orders proposed by the Essential Air Service Office, and such timeliness shall be analyzed annually by the General Counsel of the Department of Transportation.

SEC. 569. Gao Study on Certain Airport Delays.

The Comptroller General shall conduct a study on flight delays in the States of New York, New Jersey, and Connecticut and the possible causes of such delays.

SEC. 570. Report on Restoration of Small Community Air Service.

(a)

In General.— Not later than 90 days after the date of enactment of this Act, the Secretary shall seek to enter into an agreement with the National Academies to conduct a study on the loss of commercial air service in small communities in the United States and options to restore such service.

(b)

Contents.— In conducting the study required under subsection (a), that National Academies shall—

(1)

assess the reduction of scheduled commercial air service to small communities over a 5-year period ending on the date of enactment of this Act, to include small communities that have lost all scheduled commercial air service;

(2)

review economic trends that have resulted in reduction or loss of scheduled commercial air service to such communities;

(3)

review the economic losses of such communities who have suffered a reduction or loss of scheduled commercial air service;

(4)

identify the causes that prompted air carriers to reduce or eliminate scheduled commercial air service to such communities;

(5)

assess the impact of changing aircraft economics; and

(6)

identify recommendations that can be implemented by such communities or Federal, State, or local agencies to aid in the restoration or replacement of scheduled commercial air service.

(c)

Case Studies.— In conducting the study required under subsection (a), the National Academies shall assess not fewer than 7 communities that have lost commercial air service or have had commercial air service significantly reduced in the past 15 years, including—

(1)

Williamsport Regional Airport;

(2)

Alamogordo-White Sands Regional Airport; and

(3)

Chautauqua County Jamestown Airport.

(d)

Report.— Not later than 1 year after the date of enactment of this Act, the National Academies shall submit to the Secretary and the appropriate committees of Congress a report containing—

(1)

the results of the study described in subsection (a); and

(2)

recommendations to Congress and communities on action that can be taken to improve or restore scheduled commercial service to small communities.

(e)

Funding.— No funding made available to carry out subchapter II of chapter 417 of title 49, United States Code, may be used to carry out this section.

Lineage

May 16, 2024reading now Pub. L. 118–63 Enacted
May 16, 2024 H.R. 3935 · Enrolled Bill Congress
May 9, 2024 H.R. 3935 · Engrossed Amendment Senate Senate
Jul 25, 2023 H.R. 3935 · Placed on Calendar Senate Senate Received
Jul 20, 2023 H.R. 3935 · Engrossed in House House
Jun 9, 2023 H.R. 3935 · Reported in House House Mr. Graves of Missouri (for himself, Mr. Larsen of Washington, Mr. Graves of Louisiana, and Mr. Cohen) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure
Jun 9, 2023 H.R. 3935 · Introduced in House House Mr. Graves of Missouri (for himself, Mr. Larsen of Washington, Mr. Graves of Louisiana, and Mr. Cohen) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure