[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9636 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9636
To amend title 49, United States Code, to ensure prompt refunds for
cancelled flights, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 20, 2022
Ms. Porter introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to ensure prompt refunds for
cancelled flights, 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 ``Prompt Refunds for Cancelled Flights
Act''.
SEC. 2. PROMPT REFUNDS FOR CANCELLED FLIGHTS.
(a) Unfair and Deceptive Practices and Unfair Methods of
Competition.--Section 41712 of title 49, United States Code, is amended
by adding at the end the following:
``(d) Prompt Refunds for Cancelled Flights.--
``(1) In general.--It shall be an unfair or deceptive
practice under subsection (a) for any air carrier, foreign air
carrier, or ticket agent that sells a ticket for air
transportation to fail to provide a covered refund with respect
to such ticket if the air transportation is cancelled or
significantly changed.
``(2) Exclusion.--Paragraph (1) does not apply if a ticket
holder voluntarily accepts alternative transportation or other
compensation offered in lieu of a covered refund.
``(3) Definitions.--In this subsection:
``(A) Covered refund.--The term `covered refund'
means a refund of the amount paid for a ticket for air
transportation that is provided--
``(i) to the holder of the ticket;
``(ii) in the same format in which the
amount was paid; and
``(iii) not later than--
``(I) in the case of payment by
credit card, debit card, or other
electronic format, 48 hours after the
relevant cancellation or significant
change; or
``(II) in the case of payment by
cash or check, 14 days after the
relevant cancellation or significant
change.
``(B) Significantly changed.--The term
`significantly changed' means, with respect to air
transportation, that--
``(i) the departure or arrival time
associated with such transportation has
changed--
``(I) in the case of air
transportation within the United
States, by 3 or more hours; or
``(II) in the case of air
transportation to or from a location
outside the United States, by 6 or more
hours;
``(ii) the departure or arrival airport
associated with such transportation has
changed;
``(iii) the number of intermediate stops
associated with such transportation has
increased; or
``(iv) the type of aircraft associated with
such transportation has changed and, as
determined by the Secretary, the change will
result in a significant downgrade of the air
transportation experience.''.
(b) Civil Penalties.--Section 46301(a) of title 49, United States
Code, is amended by adding at the end the following:
``(8) Penalty for Failure To Provide Covered Refund.--
Notwithstanding paragraphs (1) and (5)(D), the amount of a civil
penalty for a violation of section 41712(d) shall be the amount that is
10 times the amount paid for the relevant cancelled or significantly
changed air transportation.''.
<all>