[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1233 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 1233
To provide for cash refunds for canceled airline flights and tickets.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 28, 2023
Mr. Cohen (for himself and Mr. Raskin) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure, and in addition to the Committee on Financial Services,
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 provide for cash refunds for canceled airline flights and tickets.
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 ``Cash Refunds for Flight
Cancellations Act of 2023''.
SEC. 2. CASH REFUNDS FOR CANCELED AIRLINE FLIGHTS AND TICKETS.
(a) In General.--Chapter 417 of title 49, United States Code, is
amended by adding at the end the following:
``SEC. 41727. CASH REFUNDS FOR CANCELED AIRLINE FLIGHTS AND TICKETS.
``(a) Cash Refunds.--
``(1) Requirement.--
``(A) In general.--Subject to subparagraph (B), a
covered carrier or ticket agent who sells a ticket for
a passenger to take a covered flight, and either such
flight is canceled or significantly delayed (as defined
by the Secretary of Transportation) by the covered
carrier or such ticket is canceled by the passenger at
least 48 hours before the scheduled departure of the
flight, shall offer the passenger a full cash refund
for such ticket, including any ancillary fees paid,
within 30 days of the passenger making the request.
``(B) Limitation.--A covered carrier or ticket
agent shall only be required to offer a cash refund
under subparagraph (A) for 1 flight booked by a
passenger on any city-pair itinerary on any given date.
``(2) Alternative form of compensation.--
``(A) In general.--A covered carrier or ticket
agent may offer an alternative form of compensation
determined appropriate by the covered carrier or ticket
agent, including a credit, a voucher, or other
mechanism to compensate a passenger, provided that any
such offer includes a clear and conspicuous notice of a
passenger's right to a cash refund under paragraph (1).
``(B) No expiration date.--An alternative form of
compensation provided pursuant to subparagraph (A)
shall remain valid and redeemable by the passenger
indefinitely.
``(3) Retroactive refunds.--In the case of a passenger
who--
``(A) received an alternative form of compensation
during the period beginning on March 1, 2020, and
ending on the day prior to the date of enactment of
this Act for a covered flight or ticket for a covered
flight canceled by the covered carrier or by the
passenger; and
``(B) has not fully used such alternative
compensation,
such passenger may request a cash refund to replace the
alternative compensation, or the remaining alternative
compensation if the passenger has used part of the alternative
compensation, and the covered carrier or ticket agent shall
comply with such request within 30 days of receiving such
request.
``(4) Reimbursement to ticket agent.--A ticket agent who
provides a cash refund to a passenger under this section,
including a retroactive refund under paragraph (3), shall be
entitled to prompt reimbursement from any covered carrier for
the portion of the ticket price paid to that carrier.
``(b) Funding.--
``(1) In general.--Subject to paragraph (2), a covered
carrier or ticket agent may use amounts appropriated or
otherwise made available to the commercial airline industry in
any appropriations enacted on or after March 1, 2020, in
response to COVID-19 to pay for the cash refunds under
subsection (a), including retroactive refunds under paragraph
(3) of such subsection.
``(2) Limitation.--A covered carrier may not use amounts
appropriated under section 4112 of the Coronavirus Economic
Stabilization Act of 2020 (title IV of division A of the
Coronavirus Aid, Relief, and Economic Security Act (Public Law
116-136)) to pay for the cash refunds under subsection (a),
including retroactive refunds under paragraph (3) of such
subsection.
``(c) Disclosure.--
``(1) Prior to purchase.--Prior to the sale of a ticket for
passenger to take a covered flight, a covered carrier or ticket
agent shall disclose, in writing in written or electronic
communication, that the passenger has a right to cancel their
ticket at any time for any reason and receive a full cash
refund.
``(2) Cancelled or significantly delayed flight.--In the
case of a covered carrier or ticket agent who sells a ticket
for a passenger to take a covered flight, if such flight is
canceled or significantly delayed (as defined by the Secretary
of Transportation) by the covered carrier or such ticket is
canceled by the passenger at least 48 hours before the
scheduled departure of the flight, the covered carrier or
ticket agent shall disclose, in writing in written or
electronic communication, that the passenger has a right to
receive a full cash refund for their ticket.
``(3) Requirements for disclosure.--Any written or
electronic disclosure under paragraph (1) or (2) shall be in a
clear and conspicuous format.
``(d) Definitions.--In this section:
``(1) Air carrier, foreign air carrier, ticket agent, and
united states.--The terms `air carrier, foreign air carrier,
ticket agent, and United States' have the meanings given those
terms in section 40102.
``(2) Covered carrier.--The term `covered carrier' means--
``(A) any passenger air carrier that had an
operating revenue in 2018 that exceeded $1,500,000,000
according to the Bureau of Transportation Statistics;
or
``(B) any passenger foreign air carrier operating a
flight to or from the United States.
``(3) Covered flight.--The term `covered flight' means a
flight of a covered carrier that is scheduled to depart from,
or arrive at, an airport located in the United States.''.
(b) Enforcement.--Section 46301 of title 49, United States Code, is
amended by adding at the end the following new subsection:
``(j) Penalties Relating to Cash Refunds for Canceled Airline
Flights and Tickets.--An air carrier or ticket agent that violates
section 41727 shall be liable to the Government for a civil penalty of
$1,000 for each violation.''.
(c) Clerical Amendment.--The analysis for chapter 417 of title 49,
United States Code, is amended by adding at the end the following:
``41727. Cash refunds for canceled airline flights and tickets.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
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