[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3727 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3727

 To provide for cash refunds for canceled airline flights and tickets 
                     during the COVID-19 emergency.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 13, 2020

   Mr. Blumenthal (for Mr. Markey (for himself, Mr. Blumenthal, Ms. 
  Warren, Mr. Murphy, and Ms. Harris)) 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 
                     during the COVID-19 emergency.

    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 Coronavirus 
Cancellations Act of 2020''.

SEC. 2. CASH REFUNDS FOR CANCELED AIRLINE FLIGHTS AND TICKETS DURING 
              THE COVID-19 EMERGENCY.

    (a) Cash Refunds.--
            (1) In general.--A covered carrier or ticket agent who 
        sells a ticket for a passenger to take a covered flight, and 
        either such flight is canceled by the covered carrier or such 
        ticket is canceled by the passenger, shall promptly offer the 
        passenger a full cash refund for such ticket, including any 
        ancillary fees paid.
            (2) Alternative form of compensation.--
                    (A) In general.--A covered carrier or ticket agent 
                may also offer an alternative form of compensation 
                determined appropriate by the covered carrier or ticket 
                agent, including credit, voucher, or other mechanism to 
                compensate a passenger, provided that any such offer 
                includes 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 
                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 used such alternative compensation,
        such passenger may request a cash refund to replace the 
        alternative compensation and the covered carrier or ticket 
        agent shall promptly comply with 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) Definitions.--In this section:
            (1) Air carrier.--The term ``air carrier'' has the meaning 
        given that term in section 40102 of title 49, United States 
        Code.
            (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 during 
        the COVID-19 emergency period.
            (4) COVID-19 emergency period.--The term ``COVID-19 
        emergency period'' means the period--
                    (A) beginning on March 1, 2020; and
                    (B) ending on the date that is 180 days after the 
                later of the expiration of--
                            (i) the public health emergency declared by 
                        the Secretary of Health and Human Services 
                        under section 319 of the Public Health Service 
                        Act (42 U.S.C. 247d) with respect to COVID-19; 
                        or
                            (ii) the national emergency declared by the 
                        President under the National Emergencies Act 
                        (50 U.S.C. 1601 et seq.) with respect to the 
                        Coronavirus Disease 2019 (COVID-19).
            (5) Foreign air carrier.--The term ``foreign air carrier'' 
        has the meaning given that term in section 40102 of title 49, 
        United States Code.
            (6) Ticket agent.--The term ``ticket agent'' has the 
        meaning given that term in section 40102 of title 49, United 
        States Code.
            (7) United states.--The term ``United States'' has the 
        meaning given that term in section 40102 of title 49, United 
        States Code.
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