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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3347 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3347
To require the Department of Transportation to require airlines to
provide consumers experiencing significant flight disruptions or
cancellations cash compensation, free rebooking, and reimbursement for
amenities, such as meals, lodging for overnight delays, and
transportation to and from lodging.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 4, 2025
Mr. Kelly (for himself, Mr. Blumenthal, Mr. Markey, Mr. Gallego, Ms.
Smith, Mr. Welch, Ms. Alsobrooks, Mr. Reed, Mr. Van Hollen, Mr. Bennet,
Mr. Wyden, Mr. Fetterman, Ms. Duckworth, Mr. Whitehouse, Ms. Klobuchar,
Mr. Sanders, and Mr. Booker) introduced the following bill; which was
read twice and referred to the Committee on Commerce, Science, and
Transportation
_______________________________________________________________________
A BILL
To require the Department of Transportation to require airlines to
provide consumers experiencing significant flight disruptions or
cancellations cash compensation, free rebooking, and reimbursement for
amenities, such as meals, lodging for overnight delays, and
transportation to and from lodging.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flight Delay and Cancellation
Compensation Act''.
SEC. 2. FLIGHT DELAY AND CANCELLATION COMPENSATION.
(a) Aviation Rulemaking Committee.--
(1) In general.--Not later than 90 days after the date of
enactment of this section, the Administrator shall establish an
Aviation Rulemaking Committee (in this section referred to as
the ``Committee'') to review and develop recommendations
regarding the following:
(A) Implementation of the requirements of section
512 of the FAA Reauthorization Act of 2024 (49 U.S.C.
note prec. 42301), as amended by subsection (e) of this
section.
(B) Ensuring that air carriers and foreign air
carriers provide passengers with the following when a
flight operated by such air carrier or a foreign air
carrier is cancelled or significantly delayed and such
cancellation or delay is directly attributable to such
air carrier or foreign air carrier:
(i) Cash compensation of--
(I) at least $300 for a delay of
more than 3 hours but less than 6
hours; and
(II) at least $600 for a delay of 6
hours or more.
(ii) Free rebooking.
(2) Composition.--The Committee shall consist of members
appointed by the Administrator, including the following:
(A) Air carriers and foreign air carriers.
(B) Airport operators.
(C) Representatives of consumer protection
organizations.
(D) Representatives of the Office of the Secretary
of the Department of Transportation.
(E) Representatives of the Federal Trade
Commission.
(3) Report to the administrator and the secretary.--Not
later than 12 months after the date of enactment of this
section, the Committee shall submit to the Administrator and
the Secretary a report detailing the consensus findings and
recommendations of the Committee. Such report shall include
recommendations regarding each of the following:
(A) A requirement that air carriers and foreign air
carriers provide cash compensation to passengers
impacted by cancelled or significantly delayed flights
comparable to--
(i) the Canadian Transportation Agency
(CTA) Air Passenger Protection Regulations,
including a requirement that the minimum cash
compensation is $300 for a delay of more than 3
hours but less than 6 hours and $600 for a
delay of 6 hours or more; and
(ii) regulation (EC) No \261/2004\ of the
European Parliament and of the Council.
(B) A plan to implement the requirements of Article
19 of the Convention for the Unification of Certain
Rules for International Carriage by Air (Montreal
Convention).
(C) A requirement that air carriers and foreign air
carriers cover the costs of amenities, such as meals,
lodging for overnight delays, and transportation to and
from lodging, when a flight is cancelled or
significantly delayed.
(D) A process for determining whether a cancelled
or significantly delayed flight is directly
attributable to such air carrier or foreign air
carrier.
(E) The development of an educational process to
ensure that passengers receive the correct information
from the air carrier or foreign air carrier in a timely
manner regarding the compensation and reimbursement
options they are eligible to receive in the case of
cancelled or significantly delayed flights.
(F) How to ensure that the process for passengers
to receive cash compensation and reimbursement for
amenities for cancelled or significantly delayed
flights is clear, simple, straightforward, and prompt.
(G) How to ensure that the process for passengers
to receive cash compensation from an air carrier or
foreign air carrier for provable direct or
consequential damages resulting from the disappearance
of, damage to, or delay in delivery of a passenger's
personal property, including baggage, is clear, simple,
straightforward, and prompt.
(H) Other recommendations determined appropriate by
the Committee.
(b) Rulemaking.--
(1) Notice of proposed rulemaking.--Not later than 90 days
after the date on which the Committee submits the report under
subsection (a)(3), the Secretary, taking into account the
recommendations of the Committee included in such report, shall
issue a notice of proposed rulemaking to implement--
(A) the requirements of section 512 of the FAA
Reauthorization Act of 2024 (49 U.S.C. note prec.
42301), as amended by subsection (e) of this section;
(B) the matter described in subsection (a)(1)(B) of
this section; and
(C) other recommendations of the Committee as
determined appropriate by the Secretary.
(2) Application of interim final rule until effective date
of final rule.--
(A) In general.--Not later than 18 months after the
date of enactment of this Act, the Secretary shall
promulgate an interim final rule that, at a minimum,
includes the following requirements when a flight
operated by an air carrier or a foreign air carrier is
cancelled or significantly delayed:
(i) The air carrier or foreign air carrier
shall provide $750 in cash compensation to any
passenger impacted by such cancellation or
delay if such cancellation or delay is directly
attributable to such air carrier or foreign air
carrier.
(ii) The air carrier or foreign air carrier
shall find a seat on another flight offered by
the same air carrier or foreign air carrier or
another air carrier or foreign air carrier or
on an alternative means of transportation at no
additional cost to the passenger, at the
earliest available opportunity, if the
passenger so chooses, for any passenger
impacted by cancellation or delay if such
cancellation or delay is directly attributable
to such air carrier or foreign air carrier.
(iii) The air carrier or foreign air
carrier shall provide a meal or meal credit to
any passenger impacted by such cancellation or
delay.
(iv) In the case of a passenger affected by
an overnight flight cancellation or
significantly delayed flight, the air carrier
or foreign air carrier shall provide the
passenger with--
(I) each of the requirements
described in clauses (i), (ii), and
(iii);
(II) complimentary hotel
accommodations or reimbursement for
lodging costs; and
(III) complimentary ground
transportation to and from the hotel.
(B) Application.--The interim final rule
promulgated under subparagraph (A) shall be effective
during the period beginning on the date that is 2 years
after the date of enactment of this section and ending
on the effective date of the final rule described in
paragraph (1).
(c) Reports to Congress.--Not later than 6 months after the date of
enactment of this section, and every 6 months thereafter until the
Secretary promulgates a final rule under subsection (b), the Secretary
shall submit to the appropriate committees of Congress a report on the
status of the rulemaking under paragraphs (1) and (2) of subsection
(b), including the development of the requirements for air carriers and
foreign air carriers.
(d) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Air carrier.--The term ``air carrier'' has the meaning
given such term in section 40102(a) of title 49, United States
Code.
(3) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Transportation and
Infrastructure of the House of Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(4) Foreign air carrier.--The term ``foreign air carrier''
has the meaning given such term in section 40102(a) of title
49, United States Code.
(5) Significantly delayed.--The term ``significantly
delayed'' has the meaning given such term in section 512 of the
FAA Reauthorization Act of 2024 (49 U.S.C. note prec. 42301).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(e) Conforming Amendment.--Section 512 of the FAA Reauthorization
Act of 2024 (49 U.S.C. note prec. 42301) is amended by striking
subsection (c).
(f) Clarification.--For the purposes of implementing this section
and such section 512, the term ``air carrier'' under such section 512
is deemed to include foreign air carriers.
<all>
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
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