[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8698 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 8698
To eliminate the exemption of air carriers from the authority of the
Federal Trade Commission and to prohibit certain unfair and deceptive
acts and practices relating to air carrier delays, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 9, 2022
Ms. Schakowsky (for herself and Mr. Cicilline) introduced the following
bill; which was referred to the Committee on Transportation and
Infrastructure, and in addition to the Committee on Energy and
Commerce, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To eliminate the exemption of air carriers from the authority of the
Federal Trade Commission and to prohibit certain unfair and deceptive
acts and practices relating to air carrier delays, and for other
purposes.
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 ``Ensuring Friendly Skies for
Passengers Act''.
SEC. 2. ELIMINATION OF EXEMPTION OF AIR CARRIERS FROM AUTHORITY OF FTC.
Section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C.
45(a)(2)) is amended by striking ``air carriers and foreign air
carriers subject to the Federal Aviation Act of 1958,''.
SEC. 3. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RELATING TO AIR CARRIER
DELAYS.
It shall be unlawful for an air carrier or foreign air carrier,
with respect to passenger air transportation, to--
(1) sell a ticket for air transportation on a flight of the
air carrier or foreign air carrier if the air carrier or
foreign air carrier knows or should know, at the time when the
ticket is sold, that the air carrier or foreign air carrier
will not have sufficient staff to provide the ticketed air
transportation;
(2) cancel a flight during the 4-hour period preceding the
scheduled departure time if the air carrier or foreign air
carrier knew or should have known, 48 hours or more before the
scheduled departure time, that the air carrier or foreign air
carrier would not have sufficient staff to provide the ticketed
air transportation; or
(3) delay a domestic flight for more than 4 hours beyond
the scheduled departure time or an international flight for
more than 6 hours beyond the scheduled departure time if the
air carrier or foreign air carrier knew or should have known,
48 hours or more before the scheduled departure time, that the
air carrier or foreign air carrier would not have sufficient
staff to provide an on-time departure.
SEC. 4. ENFORCEMENT BY FTC.
(a) In General.--A violation of this Act or a regulation
promulgated under this Act shall be treated as a violation of a rule
defining an unfair or deceptive act or practice under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)). The Commission shall enforce this Act and the
regulations promulgated under this Act in the same manner, by the same
means, and with the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade Commission Act (15
U.S.C. 41 et seq.), as amended by section 1, were incorporated into and
made a part of this Act.
(b) Privileges and Immunities.--Any person who violates this Act or
a regulation promulgated under this Act shall be subject to the
penalties and entitled to the privileges and immunities provided in the
Federal Trade Commission Act (15 U.S.C. 41 et seq.).
(c) Authority Preserved.--Nothing in this Act may be construed to
limit the authority of the Commission under any other provision of law.
SEC. 5. ENFORCEMENT BY STATE ATTORNEYS GENERAL.
(a) In General.--Notwithstanding any other provision of law, in any
case in which the attorney general or chief consumer protection officer
of a State has reason to believe that an interest of the residents of
such State has been, may be, or is adversely affected by a violation of
this Act or a regulation promulgated under this Act, such attorney
general or chief consumer protection officer may bring a civil action
in the name of such State, or as parens patriae on behalf of the
residents of such State, in an appropriate district court of the United
States to--
(1) enjoin such violation;
(2) enforce compliance with this Act or such regulation;
(3) obtain damages, restitution, or other compensation on
behalf of the residents of such State; or
(4) obtain reasonable attorneys' fees and other litigation
costs reasonably incurred.
(b) Rights of Commission.--
(1) In general.--Except as provided in paragraph (2), the
attorney general or chief consumer protection officer of a
State shall notify the Commission in writing prior to
initiating a civil action under subsection (a). Such
notification shall include a copy of the complaint to be filed
to initiate such action. Upon receiving such notification, the
Commission may intervene in such action as a matter of right.
(2) Feasibility.--If the notification required by paragraph
(1) is not feasible, the attorney general or chief consumer
protection officer shall notify the Commission immediately
after initiating the civil action.
(c) Actions by Commission.--In any case in which a civil action is
instituted by or on behalf of the Commission for violation of this Act
or a regulation promulgated under this Act, no attorney general or
chief consumer protection officer of a State may, during the pendency
of such action, institute a civil action against any defendant named in
the complaint in the action instituted by or on behalf of the
Commission for a violation of this Act or a regulation promulgated
under this Act that is alleged in such complaint, if such complaint
alleges such violation affected the residents of such State or
individuals nationwide. If a civil action is instituted by or on behalf
of the Commission for a violation of this Act or a regulation
promulgated under this Act that affects the interests of the residents
of a State, the attorney general or chief consumer protection officer
of such State may intervene in such action as a matter of right.
(d) Rule of Construction.--Nothing in this section may be construed
to prevent the attorney general or chief consumer protection officer of
a State from exercising the powers conferred on such attorney general
or chief consumer protection officer to conduct investigations, to
administer oaths or affirmations, or to compel the attendance of
witnesses or the production of documentary or other evidence.
SEC. 6. RULEMAKING.
The Commission may promulgate regulations under section 553 of
title 5, United States Code, to implement this Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Commission
$20,000,000 for fiscal year 2023 to carry out this Act, and such amount
is authorized to remain available until September 30, 2031.
SEC. 8. DEFINITIONS.
In this Act:
(1) Air carrier and related definitions.--The terms ``air
carrier'', ``air transportation'', and ``foreign air carrier''
have the meanings given such terms in section 40102(a) of title
49, United States Code.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) State.--The term ``State'' means each State of the
United States, the District of Columbia, and each commonwealth,
territory, or possession of the United States.
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