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S. 4665, Cash Refunds for Flight Cancellations Act of 2022

Summary

Senate bill 4665, the Cash Refunds for Flight Cancellations Act of 2022, is a bill to provide for cash refunds for canceled airline flights and tickets. Markey introduced it on July 28, 2022, with cosponsors listed as Blumenthal and Warren among others, and it was read twice and referred to the Committee on Commerce, Science, and Transportation. It adds section 41727 to chapter 417 of title 49, United States Code. A covered carrier or ticket agent would offer a full cash refund, including any ancillary fees paid, within 30 days of the passenger making the request, if a flight is canceled or significantly delayed or the passenger cancels at least 48 hours before the scheduled departure.

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Issuer
Congressional materials
Document type
Bills Bills 117S4665Is Bills 117S4665Is
Case
Bills Bills 117S4665Is Bills 117S4665Is

Cite this document

“S. 4665, Cash Refunds for Flight Cancellations Act of 2022.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117s4665is-bills-117s4665is/, SHA-256 cbd44409b62332a5207dfd496cd623243d5e59ac0dbd80e3dd29b5d2b40bccac.

Full text

                                                                                                                                                                             II




                                                                         117TH CONGRESS
                                                                            2D SESSION
                                                                                                                 S. 4665
                                                                                     To provide for cash refunds for canceled airline flights and tickets.




                                                                                     IN THE SENATE OF THE UNITED STATES
                                                                                                       JULY 28, 2022
                                                                         Mr. MARKEY (for himself, Mr. BLUMENTHAL, Ms. WARREN, and Mr. WHITE-
                                                                             HOUSE) introduced the following bill; which was read twice and referred
                                                                             to the Committee on Commerce, Science, and Transportation




                                                                                                                    A BILL
                                                                            To provide for cash refunds for canceled airline flights and
                                                                                                     tickets.

                                                                           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 Flight Cancellations Act of 2022’’.
                                                                           6     SEC. 2. CASH REFUNDS FOR CANCELED AIRLINE FLIGHTS

                                                                           7                              AND TICKETS.

                                                                           8               (a) IN GENERAL.—Chapter 417 of title 49, United




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                                                                           9 States Code, is amended by adding at the end the fol-
                                                                         10 lowing:



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                                                                           1     ‘‘SEC. 41727. CASH REFUNDS FOR CANCELED AIRLINE

                                                                           2                             FLIGHTS AND TICKETS.

                                                                           3              ‘‘(a) CASH REFUNDS.—
                                                                           4                       ‘‘(1) REQUIREMENT.—
                                                                           5                                 ‘‘(A) IN GENERAL.—Subject to subpara-
                                                                           6                       graph (B), a covered carrier or ticket agent who
                                                                           7                       sells a ticket for a passenger to take a covered
                                                                           8                       flight, and either such flight is canceled or sig-
                                                                           9                       nificantly delayed (as defined by the Secretary
                                                                         10                        of Transportation) by the covered carrier or
                                                                         11                        such ticket is canceled by the passenger at least
                                                                         12                        48 hours before the scheduled departure of the
                                                                         13                        flight, shall offer the passenger a full cash re-
                                                                         14                        fund for such ticket, including any ancillary
                                                                         15                        fees paid, within 30 days of the passenger mak-
                                                                         16                        ing the request.
                                                                         17                                  ‘‘(B) LIMITATION.—A covered carrier or
                                                                         18                        ticket agent shall only be required to offer a
                                                                         19                        cash refund under subparagraph (A) for 1
                                                                         20                        flight booked by a passenger on any city-pair
                                                                         21                        itinerary on any given date.
                                                                         22                        ‘‘(2) ALTERNATIVE FORM OF COMPENSATION.—
                                                                         23                                  ‘‘(A) IN GENERAL.—A covered carrier or
                                                                         24                        ticket agent may offer an alternative form of




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                                                                         25                        compensation determined appropriate by the
                                                                         26                        covered carrier or ticket agent, including a
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                                                                           1                       credit, a voucher, or other mechanism to com-
                                                                           2                       pensate a passenger, provided that any such
                                                                           3                       offer includes a clear and conspicuous notice of
                                                                           4                       a passenger’s right to a cash refund under
                                                                           5                       paragraph (1).
                                                                           6                                 ‘‘(B) NO           EXPIRATION DATE.—An                         alter-
                                                                           7                       native form of compensation provided pursuant
                                                                           8                       to subparagraph (A) shall remain valid and re-
                                                                           9                       deemable by the passenger indefinitely.
                                                                         10                        ‘‘(3) RETROACTIVE REFUNDS.—In the case of a
                                                                         11               passenger who—
                                                                         12                                  ‘‘(A) received an alternative form of com-
                                                                         13                        pensation during the period beginning on
                                                                         14                        March 1, 2020, and ending on the day prior to
                                                                         15                        the date of enactment of this Act for a covered
                                                                         16                        flight or ticket for a covered flight canceled by
                                                                         17                        the covered carrier or by the passenger; and
                                                                         18                                  ‘‘(B) has not fully used such alternative
                                                                         19                        compensation,
                                                                         20               such passenger may request a cash refund to replace
                                                                         21               the alternative compensation, or the remaining alter-
                                                                         22               native compensation if the passenger has used part
                                                                         23               of the alternative compensation, and the covered car-
                                                                         24               rier or ticket agent shall comply with such request



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                                                                         25               within 30 days of receiving such request.


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                                                                           1                       ‘‘(4) REIMBURSEMENT TO TICKET AGENT.—A
                                                                           2              ticket agent who provides a cash refund to a pas-
                                                                           3              senger under this section, including a retroactive re-
                                                                           4              fund under paragraph (3), shall be entitled to
                                                                           5              prompt reimbursement from any covered carrier for
                                                                           6              the portion of the ticket price paid to that carrier.
                                                                           7              ‘‘(b) FUNDING.—
                                                                           8                       ‘‘(1) IN GENERAL.—Subject to paragraph (2), a
                                                                           9              covered carrier or ticket agent may use amounts ap-
                                                                         10               propriated or otherwise made available to the com-
                                                                         11               mercial airline industry in any appropriations en-
                                                                         12               acted on or after March 1, 2020, in response to
                                                                         13               COVID–19 to pay for the cash refunds under sub-
                                                                         14               section (a), including retroactive refunds under para-
                                                                         15               graph (3) of such subsection.
                                                                         16                        ‘‘(2) LIMITATION.—A covered carrier may not
                                                                         17               use amounts appropriated under section 4112 of the
                                                                         18               Coronavirus Economic Stabilization Act of 2020
                                                                         19               (title IV of division A of the Coronavirus Aid, Relief,
                                                                         20               and Economic Security Act (Public Law 116–136))
                                                                         21               to pay for the cash refunds under subsection (a), in-
                                                                         22               cluding retroactive refunds under paragraph (3) of
                                                                         23               such subsection.
                                                                         24               ‘‘(c) DISCLOSURE.—



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                                                                           1                       ‘‘(1) PRIOR TO PURCHASE.—Prior to the sale of
                                                                           2              a ticket for passenger to take a covered flight, a cov-
                                                                           3              ered carrier or ticket agent shall disclose, in writing
                                                                           4              in written or electronic communication, that the pas-
                                                                           5              senger has a right to cancel their ticket at any time
                                                                           6              for any reason and receive a full cash refund.
                                                                           7                       ‘‘(2) CANCELLED OR SIGNIFICANTLY DELAYED
                                                                           8              FLIGHT.—In the case of a covered carrier or ticket

                                                                           9              agent who sells a ticket for a passenger to take a
                                                                         10               covered flight, if such flight is canceled or signifi-
                                                                         11               cantly delayed (as defined by the Secretary of
                                                                         12               Transportation) by the covered carrier or such ticket
                                                                         13               is canceled by the passenger at least 48 hours before
                                                                         14               the scheduled departure of the flight, the covered
                                                                         15               carrier or ticket agent shall disclose, in writing in
                                                                         16               written or electronic communication, that the pas-
                                                                         17               senger has a right to receive a full cash refund for
                                                                         18               their ticket.
                                                                         19                        ‘‘(3) REQUIREMENTS FOR DISCLOSURE.—Any
                                                                         20               written or electronic disclosure under paragraph (1)
                                                                         21               or (2) shall be in a clear and conspicuous format.
                                                                         22               ‘‘(d) DEFINITIONS.—In this section:
                                                                         23                        ‘‘(1) AIR             CARRIER,               FOREIGN             AIR     CARRIER,

                                                                         24               TICKET AGENT, AND UNITED STATES.—The                                                 terms



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                                                                         25               ‘air carrier, foreign air carrier, ticket agent, and


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                                                                           1              United States’ have the meanings given those terms
                                                                           2              in section 40102.
                                                                           3                       ‘‘(2) COVERED CARRIER.—The term ‘covered
                                                                           4              carrier’ means—
                                                                           5                                 ‘‘(A) any passenger air carrier that had an
                                                                           6                       operating revenue in 2018 that exceeded
                                                                           7                       $1,500,000,000 according to the Bureau of
                                                                           8                       Transportation Statistics; or
                                                                           9                                 ‘‘(B) any passenger foreign air carrier op-
                                                                         10                        erating a flight to or from the United States.
                                                                         11                        ‘‘(3) COVERED                    FLIGHT.—The                     term ‘covered
                                                                         12               flight’ means a flight of a covered carrier that is
                                                                         13               scheduled to depart from, or arrive at, an airport lo-
                                                                         14               cated in the United States.’’.
                                                                         15               (b) ENFORCEMENT.—Section 46301 of title 49,
                                                                         16 United States Code, is amended by adding at the end the
                                                                         17 following new subsection:
                                                                         18               ‘‘(j) PENALTIES RELATING TO CASH REFUNDS FOR
                                                                         19 CANCELED AIRLINE FLIGHTS AND TICKETS.— An air
                                                                         20 carrier or ticket agent that violates section 41727 shall
                                                                         21 be liable to the Government for a civil penalty of $1,000
                                                                         22 for each violation.’’.
                                                                         23               (c) CLERICAL AMENDMENT.—The analysis for chap-
                                                                         24 ter 417 of title 49, United States Code, is amended by



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                                                                         25 adding at the end the following:
                                                                                 ‘‘41727. Cash refunds for canceled airline flights and tickets.’’.

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                                                                           1              (d) EFFECTIVE DATE.—The amendments made by
                                                                           2 this section shall take effect on the date of the enactment
                                                                           3 of this Act.
                                                                                                                                    Æ




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