Reed, Whitehouse & Kelly Want Airlines That Cause Cancellations & Delays to Compensate Passengers with Cash

New bill would hold airlines accountable by mandating cash compensation in line with Canadian & EU requirements

American passengers would be entitled to at least $300 for a delay of more than three hours and at least $600 for a delay of six hours or more

PROVIDENCE, RI - In an effort to require airlines to provide financial compensation to passengers if air carriers cause significant delays, U.S. Senators Jack Reed and Sheldon Whitehouse are teaming up with U.S. Senator Mark Kelly (D-AZ) and a dozen of their colleagues to introduce the Flight Delay and Cancellation Compensation Act (S.3347).

This new legislation would better protect passengers by requiring airlines to provide cash compensation and free rebooking for passengers facing significant delays or cancellations caused by the airline. The bill would also direct the U.S. Department of Transportation (DOT) to mandate airlines reimburse passengers for hotels, meals, and transportation to lodging as a result of flight disruptions, regardless of the cause of the delay.

The Flight Delay and Cancellation Compensation Act comes in response to the Trump Administration's cancellation of a popular consumer protection rule in the making that would have required airlines to compensate passengers for preventable travel cancellations or delays.

"Flying is already stressful and expensive. Airlines have to be accountable when they cost the American people money and travelers are left stranded," said Senator Kelly. "We're working to make sure that passengers are protected so that cancellations and delays don't cost them money out of their own pockets."

"Travelers shouldn't have to foot the bill for airline-caused flight delays or cancellations. This bill would require DOT to reinstate common-sense compensation for passengers when they experience lengthy flight delays or cancellations within the airline's control," said Senator Reed.

"Air travel disruptions cost passengers time, aggravation and money," said Senator Whitehouse. "Our commonsense legislation would hold airlines accountable for disruptions, providing travelers cash compensation and fair reimbursements when travel plans get fouled up, and giving airlines more incentive not to foul them up in the first place."

In addition to Kelly, Reed, and Whitehouse, the bill is cosponsored by U.S. Senators Angela Alsobrooks (D-MD), Richard Blumental (D-CT), Michael Bennet (D-CO), Cory Booker (D-NJ), Tammy Duckworth (D-IL), John Fetterman (D-PA), Ruben Gallego (D-AZ), Amy Klobuchar (D-MN), Ed Markey (D-MA), Bernie Sanders (I-VT), Tina Smith (D-MN), Chris Van Hollen (D-MD), Peter Welch (D-VT), and Ron Wyden (D-WA).

Multiple consumer and air traveler advocates are supporting the legislation:

"Delays and cancellations are far and away the Number 1 complaint of airline passengers. Most are due to causes within airline control such as lack of airworthy equipment, flight personnel or not enough paying passengers, not weather or air traffic control. FlyersRights, the largest airline passenger organization, believes delay compensation is essential to improve air travel reliability and endorses the subject legislation. Delay compensation is the norm outside the US. Recent studies show major increases in lengthy delays is accelerating," saidFlyersRights President Paul Hudson.

"At a time when this DOT appears to be abandoning the public, it's critical for Congress to step up," said National Consumers League Senior Public Policy Manager Eden Iscil. "This bill would bring consumer protections for flying into the 21st Century and in line with those found in many international jurisdictions. There's no reason an American airline should provide better care for its passengers when departing from Frankfurt while still denying those same basic accommodations for flights out of Phoenix."

Under the Flight Delay and Cancellation Compensation Act, the DOT would be required to issue regulations that:

• Require the DOT to establish an Aviation Rulemaking Committee (ARC) that includes consumer protection groups to develop recommendations for how to implement rules that would require air carriers to provide consumers experiencing significant flight disruptions cash compensation, free rebooking, and reimbursements for passenger care needs such as meals, lodging for overnight delays, and transportation to and from lodging;

• Require the ARC to develop recommendations for passenger compensation in alignment with foreign standards, including the Canadian Transportation Agency (CTA) Air Passenger Protection Regulations and Regulation (EC) No 261/2004 of the European Parliament and of the Council;

• Set a baseline standard of compensation of at least $300 for a delay of more than 3 hours but less than 6 hours; and at least $600 for a delay of 6 hours or more;

• Direct DOT to undertake a rulemaking to implement the ARC recommendations within 90 days after the ARC report is submitted; and

• Establish a stricter interim final rule that will go into effect 18 months after the bill is enacted, to prevent DOT from dragging its feet and ensuring the rulemaking takes place.