S. 3347

119 S3347 IS: Flight Delay and Cancellation Compensation Act
 U.S. Senate
 2025-12-04
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 3347  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.
1.
Short title
This Act may be cited as the   Flight Delay and Cancellation Compensation Act  .
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.