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The legislation seeks to establish a standardized system where airlines must pay passengers for delays and cancellations that are deemed within the airline’s control.
If you have flown recently, you know the sinking feeling of seeing “DELAYED” flash across the departure screen. For years, the conversation around what airlines owe you when things go wrong has been a source of frustration. Now, as of December 2025, a new bill in Congress is attempting to change the rules of the sky.
Introduced by Senators Mark Kelly (D-AZ), Richard Blumenthal (D-CT), and Edward J. Markey (D-MA), the Flight Delay and Cancellation Compensation Act proposes cash payouts for delayed passengers. However, to understand what this means for your next trip out of Burlington or beyond, we have to look past the headlines and into the complex machinery of Washington, D.C.
This explainer breaks down the bill, the political drama behind it, and the economic realities impartial observers are watching closely.
1. How We Got Here: A Regulatory Whiplash
To understand why this bill was introduced now, we have to look at the rapid policy shifts over the last year.
In late 2024, the Biden Administration’s Department of Transportation (DOT) began the process of creating rules that would require airlines to pay cash compensation for delays under their control. This was known as an Advance Notice of Proposed Rulemaking (ANPRM). It was a proposal to create a rule, not a finalized law.
However, following the inauguration of President Donald Trump in January 2025, the federal government pivoted toward deregulation. Under Executive Order 14192, titled “Unleashing Prosperity Through Deregulation,” agencies were directed to remove burdens on businesses to stimulate the economy.
Consequently, in November 2025, the Trump DOT formally withdrew the Biden-era proposal, arguing that mandatory compensation would inflate ticket prices and harm the industry. In response, Democratic Senators introduced this bill to bypass the DOT and make compensation a matter of federal law.
2. What the Bill Proposes
The legislation seeks to establish a standardized system where airlines must pay passengers for delays and cancellations that are deemed within the airline’s control (such as maintenance issues or crew scheduling).
The Compensation Tiers Unlike complex systems used in other countries, this bill proposes a simple time-based structure:
- Delays of 3 to 6 hours: The airline must pay you $300.
- Delays of 6 hours or more: The airline must pay you $600.
This applies regardless of the ticket price. A passenger on a discounted $99 flight would receive the same $300 payout as a business class traveler.
The “Duty of Care” Beyond cash, the bill would make current voluntary airline commitments mandatory by law. Airlines would be legally required to provide:
- Free rebooking on the next available flight.
- Meal vouchers during delays.
- Hotel accommodations and transport for overnight disruptions.
The “Legislative Trigger” The bill contains a unique mechanism to force the government’s hand. It directs the DOT to form a committee and write these rules. However, if the DOT fails to act—a likely scenario given the current administration’s deregulatory stance—a stricter interim final rule automatically goes into effect 18 months after passage. This is designed to prevent the administration from simply ignoring the law.
3. Fact-Checking the Debate
When discussing legislation, it is important to separate political rhetoric from operational reality.
The “Cancelled Rule” Claim: Supporters of the bill have stated that the Trump Administration “cancelled” a consumer protection rule. Technically, the administration withdrew a proposal for a rule. Because the rule was never finalized, passengers did not lose an active legal right they already possessed, but rather the potential for a future right.
The “Preventable Delay” Narrative: The bill focuses on “preventable” delays caused by airlines. However, reports indicate that a significant portion of delays are caused by the Federal Aviation Administration (FAA) due to air traffic controller staffing shortages. The bill penalizes airlines for their errors but does not appear to address delays caused by government infrastructure failures.
4. International Comparison
Proponents argue this bill aligns the U.S. with the rest of the world. While true in spirit, the mechanics are different.
- The European Union (EU): Compensation is based on flight distance. A short flight delayed by 3 hours gets a smaller payout (€250) than a long-haul flight (€600). The U.S. bill uses a flat rate, which is stricter for short domestic flights.
- Canada: The Canadian system has tiers based on the size of the airline. Small regional carriers pay lower penalties than major airlines. The U.S. bill does not currently have a “small airline” exception, which could impact regional carriers that connect smaller communities.
5. The Economic Impact: Who Pays?
There is a distinct economic debate regarding who ultimately foots the bill for these payments.
The Consumer “Pass-Through”: Airline trade groups warn that these mandatory payments will act like a tax. To afford the liability of paying $300 per delayed passenger, airlines may increase base ticket prices for everyone. Essentially, every ticket would come with a mandatory “insurance premium” built into the price.
Risk to Regional Routes: There is concern that if airlines face high penalties for delays, they may stop flying to airports that are prone to weather issues or congestion to minimize their financial risk. This could potentially reduce flight options for smaller regional airports.
Operational “Padding”: To avoid the 3-hour delay penalty, airlines might lengthen their scheduled flight times (e.g., listing a 2-hour flight as 2 hours and 45 minutes). This ensures they arrive “on time” on paper, even if the flight takes longer.
6. Political Reality Check
Can this bill actually become law?
As of December 2025, the Republican party holds a majority in both the Senate (53 seats) and the House of Representatives. Given that the Republican platform currently prioritizes deregulation and reducing costs for corporations, a bill that imposes strict financial penalties on the airline industry faces a very steep uphill battle.
Most political analysts view this as a “messaging bill”—legislation designed to highlight the differences between the parties ahead of the 2026 midterm elections, rather than a bill expected to pass immediately.
What Happens Next?
The bill has been introduced and will be referred to the Senate Committee on Commerce, Science, and Transportation.
What you can watch for:
- Committee Action: Will the Republican committee chair schedule a hearing for the bill? If not, the bill likely “dies in committee.”
- Public Support: If public pressure regarding airline delays remains high, some provisions of the bill could be folded into other “must-pass” aviation safety legislation.
- Airline Policy Changes: Sometimes, the mere threat of legislation forces airlines to voluntarily improve their policies to avoid regulation.
For now, the rules remain the same: if your flight is delayed, check your airline’s specific policy, but do not expect a government-mandated check in the mail just yet.
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Categories: Congress, Transportation
So only Vermont residents will be reimbursed under Welch’s proposal? It is snowing today, it must be because of President Trump’s cuts to National Weather Service (which were none)
Senators from Arizona generally don’t introduce bills that only affect Vermont, Ron.
(BTW, Trump cut the National Weather Service Budget) “According to reporting from The Texas Observer and The Associated Press, the Trump administration, via DOGE, made significant cuts to the National Oceanic and Atmospheric Administration and the National Weather Service earlier this year. Furthermore, NOAA, the parent agency of the NWS, could undergo a 40 percent funding decrease in 2026 as part of the Trump administration’s budget proposal, which, experts warn, could worsen future flood predictions.”
I pray this is not the “big” things our state and federal governments are working on. What an absolute waste of time and no sense of priorities. Please Vermont, I’m begging you, vote out this deplorable individual, along with his big brother Bernie, and little sis Balint, out of office. They’re destroying this state with their socialist agenda. Disgusting!
If I drive to Burlington and get caught in a traffic jam, will Welch send me a gas card?
Welch obsesses over the trivial just to keep his name in the papers. He also is not current and raising up a dead issue…typical lazy vanilla Democrat. Article from Reuters
“Nov 14 (Reuters) – President Donald Trump’s administration said on Friday it was formally withdrawing a plan by his predecessor to require airlines to pay passengers cash compensation when U.S. flight disruptions are caused by carriers.
In December 2024, the U.S. Transportation Department under then-President Joe Biden sought public comment on writing rules to require airlines to pay $200 to $300 for domestic delays of at least three hours and up to $775 for longer delays.”
Good point about Welch. If this does become a thing, airlines raise their prices making the cost of flying prohibitive. Some airlines would leave Vermont leaving very few choices for the traveler. Peter doesn’t look any farther ahead than next week.
Again Senator Peter Welch doesn’t surprise me with his ignorance in finance. I will throw this out to Welch and his supporters. Do you think Airlines are going to loose money when people have to wait ❓ Seriously Senator ❗ If that is the direction of Vermont, I guarantee tickets prices will go up to compensate for the redickoulous idea. Airlines will not loose a dime, but passengers will pay more. So, when they wait a long time at BTV, and get money from the airlines, are they really getting anything back ❓
It is the same kind of thinking that we should increase minimum wage. The reprocussion of higher wages demands an increase on cost for goods and services to the customer. Sometimes even layoffs or decrease in hours for the employee. Increase of wages develops a cycle until you are back where you started.
How much are airlines going to compensate passengers who wait to long. Again you are just creating a cycle. Increase on boarding passes so the airlines can bump you a few dollars. When Airlines start loosing money in Vermont, that is when they re-evaluate if it is worth servicing Vermont at all.
If the Welch et al , succeed in this cockemaanny idea, there will be no flights in and out of Burlington, because the lines flying there now had rather not be running them anyway.
None of the three stooges in D C can see beyond the end of their noses. They continue and eventually Vermont will cease to exist. They will dig out the Benning Wentworth document, and VT goes back to NH. Not a bad idea, really.
Hey Welch….here’s an even better idea……how about stop hitting residents up for 24% and 12% tax increases annually? Have you ever thought of that? Apparently, no.
Do you have any concept of how many middle-income Americans have left this state that they invested in & lived in & loved because of you and your Communist state BFF’s constantly shaking down veterans, hardworking, & senior citizen Vermonters for their money to “redistribute” to others you choose and intentionally attract to the state at whim in order to suit your personal ideologies?
You and your buds can play Robin Hood aaaaaall day long. But leave others out of it.
Your giving my money away to force diversity, break federal law, and enable drug addictions does NOT make you fools “hero’s”.
Middle income persons can afford to move away. Us poor, excuse me, low income persons have to stay here and grovel for every little morsel the state decides we are worthy of having.
And btw, the fact that you claim that this state’s population is remaining stable based on the numbers you toy with – it isn’t and it won’t be.
The droves of the working class & business owners leaving being replaced with your “newcomers” – illegal aliens, out-of-state homeless, and drug addicts & dealers do NOT connote “stability”.
Hey…it’s almost as if you might just run out of other people’s money, huh? Where have I heard of that before? Oh yeah……..Communism’s epic fails!!!!!
Dan Alar – Speak for yourself Dan. The State of Vermont has singlehandedly ruined our established decades-long lives here – lives spent building friendships, doctor/patient relationships, volunteering on town committees for the genuine greater good of all, etc.
Many U.S. veterans like those within my family who have selflessly risked their very lives for this nation, and seniors who worked nearly their entire lives for a piece of their American dream and whose “lofty” middle-income pension and Social Security payments barely get them through from month to month deserve to NOT have the literal rug pulled out from under them and force them to move elsewhere as opposed to the state they treasured.
You can genuflect in front of this phony for some pittance (which you will likely never see, btw), but the fact is that he has been and continues to be complicit in robbing Vermonters of all kinds of money annually that he and his Merrie Men don’t warrant and use for their mission of spreading stomach-churning socialist causes that include “safe” injection sites, abortion, paying off the state teacher’s union, “refuge” programs, their “war” against “global warming” that VT alone can conquer, etc. etc., all the while defunding police, violating federal laws, and creating public safety crisis’s.
The middle-income bear the burden and always have. Then they run out of their modest means. Then they flee. Then their lives are uprooted and destroyed. Then another socialist state falls to history.
Please elaborate on why you think I should speak for myself. I’m confused.
How dense can a person be? It’s often not the airlines who create long delays. Air traffic control is a big culprit for this. I know as I once worked for the airlines. You know that airliner sitting at the end of the runway or at the gate waiting for take-off clearance even if the weather is great where they are? It’s the controller from where they are going that is often putting a hold on them.
So Peter, how about a federal check for everyone that has ever had a long delay on an airplane which is most of us. I don’t know about you all but I can use a few extra dollars.
How many of those flight delays are caused by WEATHER WARFARE?????/
You stated that middle-income Vermonters can “afford” to have their entire lives disrupted, spent tens of thousands pulling up stakes, and leave their home state and associations behind because they’re financially able.
I can tell you that none of that is generally true and surely not either fair or reasonable. You claim to speak for all “middle income” Vermonters, of which I am one. What you stated was, again, untrue and unjust, but typical of an attitude that everyone has it better somehow.
I spoke on behalf of myself in response to your misrepresentation of me, many I know, and my family members. That’s what the comment section is about.
Thank you. I’ve been here for 72 years and have spent my entire life on a below poverty level. Once you walk a mile in someone else’s shoes, you can’t appreciate the perception of others. I never said that all middle income persons can afford to move nor did I say they should. It would be easier for someone better off to move than somebody that’s poor. Also, my son spent 20 years as an officer in the military, as did my two brothers and father.
Well, maybe we can agree that regardless of someone’s socio-economic level or how many decades, years, or even months any person is a legal resident of this once-great state, the governmental officials meant to serve those residents ought to serve the greater good, keep spending in check, never become self-serving, and seek to have the resident’s best interest & safety as their priority at all times.
As per our US Constitution, no one is greater or lesser here based upon superficial criteria or social/financial standing; essentially forcing anyone out of their home state through misuse & squander of taxation is criminal. It jeopardizes and potentially damages lifestyle, livelihood, quality of life, and one’s future.
The taxes here are ludicrous for nearly everyone. And not that it matters one iota, but in many cases, middle-income people often themselves were once living in disadvantaged circumstances as well and worked especially hard to attain a home. No one, particularly this corrupted government, has any right to overly burden them & impose excessive tax hikes in order to achieve their personal political aspirations and social causes.
Thank you. If I don’t comment in the next several weeks, Merry Christmas.
You as well. May God bless you & your family.
And remember, the first will be last and the last, first.
All that is going on in the world that needs fixing, and Welch chooses to go after airlines, often delayed by acts of God…what a waste of an elected officials juice, and put forth by a phony Vietnam Vet, from down country, on top of it!!!
It is like living in an episode of the Outer Limits…
What happened Peter ,your flight got delayed while in the VIP line at Reagan or Dulles airports causing you to be late for your taxpayer paid supper someplace ?
God save us from these fools staying in power due to our collective stupidity.