Kelly, Blumenthal, Markey Introduce Legislation to Protect Airline Passengers from Flight Cancellations and Delays
Kelly’s legislation will protect consumers and hold airlines accountable
Read more about the bill here
Today, Senators Mark Kelly (D-AZ), Richard Blumenthal (D-CT), and Ed Markey (D-MA) introduced the Flight Delay and Cancellation Compensation Act, new legislation that will 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 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. It is also cosponsored by Senators Angela Alsobrooks (D-MD), Michael Bennet (D-CO), Cory Booker (D-NJ), Tammy Duckworth (D-IL), John Fetterman (D-PA), Ruben Gallego (D-AZ), Amy Klobuchar (D-MN), Jack Reed (D-RI), Bernie Sanders (I-VT), Tina Smith (D-MN), Chris Van Hollen (D-MD), Peter Welch (D-VT), Sheldon Whitehouse (D-RI), and Ron Wyden (D-WA).
“Flying is already stressful and expensive. Airlines have to be accountable when they cost the American people money and travelers are left stranded,” said 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.”
“This commonsense legislation holds airlines accountable and properly compensates passengers when their flight is delayed or cancelled—protecting Americans from losing their hard-earned paychecks to flight disruptions beyond their control and alleviating the burden of chaotic travel days. The Trump Administration’s senseless backtracking on airline passenger protections only serves the airline industry, padding their pocketbooks and leaving Americans stranded without help. With the Flight Delay and Cancellation Compensation Act, we put the traveling public first and bolster cost-saving consumer protections,” said Blumenthal.
“Airlines that cancel and significantly delay flights due to their own mistakes can costs flyers thousands of dollars in secondary costs and lost income. In other words, the traveling public covers the costs of the airlines’ mistakes,” said Markey. “Instead of protecting family budgets, the Trump administration is choosing to protect the airlines’ bottom line. I’m proud to partner with Senator Kelly and Senator Blumenthal to introduce the Flight Delay and Cancellation Compensation Act, an important step to hold airlines accountable, enact cost-saving protections, and prioritize consumers instead of CEO billionaires and corporations at the top of the airline industry.”
“American consumers deserve to have protections, especially when it comes to expensive flights. This Administration has made their agenda clear: protect billionaires and corporations over hardworking Americans. That agenda is wrong. We need to pass the Flight Delay and Cancellation Compensation Act so Marylanders – and airline passengers across the country – can receive cash compensation for their delayed or cancelled flights,” said Alsobrooks.
“Amid record cancellations, delays, and safety concerns at airports across the country, travelers deserve compensation for these disruptions to their lives,” said Bennet. “The Trump Administration’s decision to undo previous consumer protections only worsens the chaos travelers are experiencing. This legislation would reinstate these protections and put travelers’ wellbeing over the airline industry’s bottom line.”
“When airline delays and cancellations leave us hanging, passengers shouldn’t be forced to pay the price,” said Fetterman. “I’m proud to join my colleagues in introducing this commonsense legislation to reinstate critical consumer protections for Pennsylvanians and airline passengers across the nation.”
“Right before millions of Americans began traveling for the holidays this year, Trump’s transportation department ripped up the rule that forced airlines to compensate passengers when flights are delayed or cancelled. The Trump administration is once again siding with airline CEOs instead of everyday working families. I’m proud to back this legislation so families aren’t left stranded with the bill when airlines screw up,” said Gallego.
“The Trump Administration’s decision to abandon commonsense consumer protections and force passengers to pay the price for flight delays and cancellations they didn’t cause is a major giveaway to the big corporations at the expense of everyone else. This legislation will put travelers first and ensure they get the reimbursements and accommodations they deserve when their flights are disrupted,” said Van Hollen.
“From Day One, President Trump has made it clear that he doesn’t care about consumers. His decision to scrap a proposal to hold airlines accountable for delays is the latest example. Passengers impacted by delays and cancellations should get the compensation they deserve,” said Welch. “I’m proud to join this legislation which will do just that.”
“The biggest winners under Donald Trump’s presidency are corporations and the ultra-rich, and airlines are no exception. On top of his costly government shutdown that left travelers hamstrung and airports woefully understaffed by safety and air traffic controllers, now Trump is going out of his way to make flying more expensive for travelers. This legislation would restore much-needed consumer protections and financial relief during one of the busiest holiday travel seasons on record,” said Wyden.
See what consumer and air traveler advocates are saying in support of 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,” said FlyersRights 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.
Background:
On November 15, 2025, the Trump administration officially withdrew a planned Advanced Notice of Proposed Rulemaking (ANPRM) that the previous Administration’s Department of Transportation had initiated in December 2024 to require airlines to compensate passengers and cover their expenses for lengthy delays or cancellations caused by carriers.
The ANPRM is the first part of the federal rulemaking process, meant to solicit public comment on the policies proposed by the agency. This ANPRM sought public comment on a rulemaking to “ensure consumers experiencing significant flight disruptions are taken care of and protected from financial losses.”
The Flight Delay and Cancellation Compensation Act builds on the FAA Reauthorization Act of 2024 language and the proposed Biden-era ANPRM to expand consumer protections for impacted air passengers. This bill requires that the rulemaking process be restarted and that the FAA Reauthorization Language be implemented by establishing an Aviation Rulemaking Committee to develop recommendations to implement the requirements of the FAA Reauthorization Act and expand those recommendations to include reimbursement in the form of cash compensation and free rebooking. If the DOT fails to do so, the bill establishes an interim final rule with the force of law that establishes various minimum standards as outlined above.
Click here to read the full text of the bill and click here for a one-pager.
