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H.R. 6965, Cash Refunds for Coronavirus Cancellations Act of 2020

Summary

H.R. 6965, the Cash Refunds for Coronavirus Cancellations Act of 2020, is a bill introduced in the House of Representatives on May 22, 2020 by Mr. Cohen and referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Financial Services. Its stated purpose is to provide for cash refunds for canceled airline flights and tickets during the COVID–19 emergency. Section 2 requires a covered carrier or ticket agent to promptly offer the passenger a full cash refund, including any ancillary fees paid, when a covered flight is canceled by the covered carrier or the ticket is canceled by the passenger. An alternative form of compensation provided under the section shall remain valid and redeemable by the passenger indefinitely.

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Issuer
Congressional materials
Document type
Bills Bills 116Hr6965Ih Bills 116Hr6965Ih
Case
Bills Bills 116Hr6965Ih Bills 116Hr6965Ih

Cite this document

“H.R. 6965, Cash Refunds for Coronavirus Cancellations Act of 2020.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116hr6965ih-bills-116hr6965ih/, SHA-256 074b4146fdbeee12b38ab26739c77fc1d13c099c015f9e235a3721eb94437d0d.

Full text

                                                                                                                                                                        I




                                                                     116TH CONGRESS
                                                                        2D SESSION
                                                                                                           H. R. 6965
                                                                         To provide for cash refunds for canceled airline flights and tickets during
                                                                                                the COVID–19 emergency.




                                                                                   IN THE HOUSE OF REPRESENTATIVES
                                                                                                      MAY 22, 2020
                                                                     Mr. COHEN (for himself, Ms. UNDERWOOD, Mr. CARSON of Indiana, Mr.
                                                                         RUSH, Mr. GARCÍA of Illinois, Ms. NORTON, Mr. ENGEL, Mr. CISNEROS,
                                                                         Mr. JOHNSON of Georgia, Mr. CORREA, Mr. RASKIN, Ms. SCHAKOWSKY,
                                                                         Mr. COURTNEY, Mr. NEGUSE, Ms. KAPTUR, Mr. THOMPSON of Cali-
                                                                         fornia, Mr. TONKO, Mr. WELCH, Ms. TLAIB, Mr. LYNCH, Mr. RYAN, and
                                                                         Mr. DANNY K. DAVIS of Illinois) 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 subse-
                                                                         quently 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 during the COVID–19 emergency.

                                                                       1              Be it enacted by the Senate and House of Representa-
                                                                       2 tives of the United States of America in Congress assembled,
                                                                       3     SECTION 1. SHORT TITLE.

                                                                       4              This Act may be cited as the ‘‘Cash Refunds for
                                                                       5 Coronavirus Cancellations Act of 2020’’.



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                                                                                                                                2
                                                                       1     SEC. 2. CASH REFUNDS FOR CANCELED AIRLINE FLIGHTS

                                                                       2                             AND TICKETS DURING THE COVID–19 EMER-

                                                                       3                             GENCY.

                                                                       4              (a) CASH REFUNDS.—
                                                                       5                        (1) IN GENERAL.—A covered carrier or ticket
                                                                       6              agent who sells a ticket for a passenger to take a
                                                                       7              covered flight, and either such flight is canceled by
                                                                       8              the covered carrier or such ticket is canceled by the
                                                                       9              passenger, shall promptly offer the passenger a full
                                                                     10               cash refund for such ticket, including any ancillary
                                                                     11               fees paid.
                                                                     12                         (2) ALTERNATIVE FORM OF COMPENSATION.—
                                                                     13                                  (A) IN GENERAL.—A covered carrier or
                                                                     14                         ticket agent may also offer an alternative form
                                                                     15                         of compensation determined appropriate by the
                                                                     16                         covered carrier or ticket agent, including credit,
                                                                     17                         voucher, or other mechanism to compensate a
                                                                     18                         passenger, provided that any such offer includes
                                                                     19                         clear and conspicuous notice of a passenger’s
                                                                     20                         right to a cash refund under paragraph (1).
                                                                     21                                  (B) NO            EXPIRATION                 DATE.—An          alter-
                                                                     22                         native form of compensation provided pursuant
                                                                     23                         to subparagraph (A) shall remain valid and re-
                                                                     24                         deemable by the passenger indefinitely.




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                                                                     25                         (3) RETROACTIVE REFUNDS.—In the case of a
                                                                     26               passenger who—
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                                                                       1                                 (A) received an alternative form of com-
                                                                       2                        pensation prior to the date of enactment of this
                                                                       3                        Act for a covered flight or ticket for a covered
                                                                       4                        flight canceled by the covered carrier or by the
                                                                       5                        passenger; and
                                                                       6                                 (B) has not used such alternative com-
                                                                       7                        pensation;
                                                                       8              such passenger may request a cash refund to replace
                                                                       9              the alternative compensation and the covered carrier
                                                                     10               or ticket agent shall promptly comply with such re-
                                                                     11               quest.
                                                                     12                         (4) REIMBURSEMENT TO TICKET AGENT.—A
                                                                     13               ticket agent who provides a cash refund to a pas-
                                                                     14               senger under this section, including a retroactive re-
                                                                     15               fund under paragraph (3), shall be entitled to
                                                                     16               prompt reimbursement from any covered carrier for
                                                                     17               the portion of the ticket price paid to that carrier.
                                                                     18               (b) FUNDING.—
                                                                     19                         (1) IN GENERAL.—Subject to paragraph (2), a
                                                                     20               covered carrier or ticket agent may use amounts ap-
                                                                     21               propriated or otherwise made available to the com-
                                                                     22               mercial airline industry in any appropriations en-
                                                                     23               acted on or after March 1, 2020, in response to
                                                                     24               COVID–19 to pay for the cash refunds under sub-



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                                                                                                                                4
                                                                       1              section (a), including retroactive refunds under para-
                                                                       2              graph (3) of such subsection.
                                                                       3                        (2) LIMITATION.—A covered carrier may not
                                                                       4              use amounts appropriated under section 4112 of the
                                                                       5              Coronavirus Economic Stabilization Act of 2020
                                                                       6              (title IV of division A of the Coronavirus Aid, Relief,
                                                                       7              and Economic Security Act (Public Law 116–136))
                                                                       8              to pay for the cash refunds under subsection (a), in-
                                                                       9              cluding retroactive refunds under paragraph (3) of
                                                                     10               such subsection.
                                                                     11               (c) DEFINITIONS.—In this section:
                                                                     12                         (1) AIR CARRIER.—The term ‘‘air carrier’’ has
                                                                     13               the meaning given that term in section 40102 of
                                                                     14               title 49, United States Code.
                                                                     15                         (2) COVERED                 CARRIER.—The                        term ‘‘covered
                                                                     16               carrier’’ means—
                                                                     17                                  (A) any passenger air carrier that had an
                                                                     18                         operating revenue in 2018 that exceeded
                                                                     19                         $1,500,000,000 according to the Bureau of
                                                                     20                         Transportation Statistics; or
                                                                     21                                  (B) any passenger foreign air carrier oper-
                                                                     22                         ating a flight to or from the United States.
                                                                     23                         (3) COVERED                     FLIGHT.—The                 term ‘‘covered
                                                                     24               flight’’ means a flight of a covered carrier that is



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                                                                     25               scheduled to depart from, or arrive at, an airport lo-


                                                                                 •HR 6965 IH

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                                                                                                                                5
                                                                       1              cated in the United States during the COVID–19
                                                                       2              emergency period.
                                                                       3                        (4)       COVID–19                  EMERGENCY                   PERIOD.—The

                                                                       4              term ‘‘COVID–19 emergency period’’ means the pe-
                                                                       5              riod—
                                                                       6                                 (A) beginning on March 1, 2020; and
                                                                       7                                 (B) ending on the date that is 180 days
                                                                       8                        after the later of the expiration of—
                                                                       9                                         (i) the public health emergency de-
                                                                     10                                  clared by the Secretary of Health and
                                                                     11                                  Human Services under section 319 of the
                                                                     12                                  Public Health Service Act (42 U.S.C.
                                                                     13                                  247d) with respect to COVID–19; or
                                                                     14                                          (ii) the national emergency declared
                                                                     15                                  by the President under the National Emer-
                                                                     16                                  gencies Act (50 U.S.C. 1601 et seq.) with
                                                                     17                                  respect to the Coronavirus Disease 2019
                                                                     18                                  (COVID–19).
                                                                     19                         (5) FOREIGN AIR CARRIER.—The term ‘‘foreign
                                                                     20               air carrier’’ has the meaning given that term in sec-
                                                                     21               tion 40102 of title 49, United States Code.
                                                                     22                         (6) TICKET AGENT.—The term ‘‘ticket agent’’
                                                                     23               has the meaning given that term in section 40102
                                                                     24               of title 49, United States Code.



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                                                                       1                        (7)       UNITED            STATES.—The                     term        ‘‘United
                                                                       2              States’’ has the meaning given that term in section
                                                                       3              40102 of title 49, United States Code.
                                                                                                                                Æ




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