II 

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. 

1 Be it enacted by the Senate and House of Representa2 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’’. 

6 SEC. 2. CASH REFUNDS FOR CANCELED AIRLINE FLIGHTS 

7 AND TICKETS DURING THE COVID–19 EMER8 GENCY. 

9 (a) CASH REFUNDS.— 


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1 (1) IN GENERAL.—A covered carrier or ticket 

2 agent who sells a ticket for a passenger to take a 

3 covered flight, and either such flight is canceled by 

4 the covered carrier or such ticket is canceled by the 

5 passenger, shall promptly offer the passenger a full 

6 cash refund for such ticket, including any ancillary 

7 fees paid. 

8 (2) ALTERNATIVE FORM OF COMPENSATION.— 

9 (A) IN GENERAL.—A covered carrier or 

10 ticket agent may also offer an alternative form 

11 of compensation determined appropriate by the 

12 covered carrier or ticket agent, including credit, 

13 voucher, or other mechanism to compensate a 

14 passenger, provided that any such offer includes 

15 clear and conspicuous notice of a passenger’s 

16 right to a cash refund under paragraph (1). 

17 (B) NO EXPIRATION DATE.—An alter18 native form of compensation provided pursuant 

19 to subparagraph (A) shall remain valid and re20 deemable by the passenger indefinitely. 

21 (3) RETROACTIVE REFUNDS.—In the case of a 

22 passenger who— 

23 (A) received an alternative form of com24 pensation prior to the date of enactment of this 

25 Act for a covered flight or ticket for a covered 


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1 flight canceled by the covered carrier or by the 

2 passenger; and 

3 (B) has not used such alternative com4 pensation, 

5 such passenger may request a cash refund to replace 

6 the alternative compensation and the covered carrier 

7 or ticket agent shall promptly comply with such re8 quest. 

9 (4) REIMBURSEMENT TO TICKET AGENT.—A 

10 ticket agent who provides a cash refund to a pas11 senger under this section, including a retroactive re12 fund under paragraph (3), shall be entitled to 

13 prompt reimbursement from any covered carrier for 

14 the portion of the ticket price paid to that carrier. 

15 (b) FUNDING.— 

16 (1) IN GENERAL.—Subject to paragraph (2), a 

17 covered carrier or ticket agent may use amounts ap18 propriated or otherwise made available to the com19 mercial airline industry in any appropriations en20 acted on or after March 1, 2020, in response to 

21 COVID–19 to pay for the cash refunds under sub22 section (a), including retroactive refunds under para23 graph (3) of such subsection. 

24 (2) LIMITATION.—A covered carrier may not 

25 use amounts appropriated under section 4112 of the 


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1 Coronavirus Economic Stabilization Act of 2020 

2 (title IV of division A of the Coronavirus Aid, Relief, 

3 and Economic Security Act (Public Law 116–136)) 

4 to pay for the cash refunds under subsection (a), in5 cluding retroactive refunds under paragraph (3) of 

6 such subsection. 

7 (c) DEFINITIONS.—In this section: 

8 (1) AIR CARRIER.—The term ‘‘air carrier’’ has 

9 the meaning given that term in section 40102 of 

10 title 49, United States Code. 

11 (2) COVERED CARRIER.—The term ‘‘covered 

12 carrier’’ means— 

13 (A) any passenger air carrier that had an 

14 operating revenue in 2018 that exceeded 

15 $1,500,000,000 according to the Bureau of 

16 Transportation Statistics; or 

17 (B) any passenger foreign air carrier oper18 ating a flight to or from the United States. 

19 (3) COVERED FLIGHT.—The term ‘‘covered 

20 flight’’ means a flight of a covered carrier that is 

21 scheduled to depart from, or arrive at, an airport lo22 cated in the United States during the COVID–19 

23 emergency period. 


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1 (4) COVID–19 EMERGENCY PERIOD.—The 

2 term ‘‘COVID–19 emergency period’’ means the pe3 riod— 

4 (A) beginning on March 1, 2020; and 

5 (B) ending on the date that is 180 days 

6 after the later of the expiration of— 

7 (i) the public health emergency de8 clared by the Secretary of Health and 

9 Human Services under section 319 of the 

10 Public Health Service Act (42 U.S.C. 

11 247d) with respect to COVID–19; or 

12 (ii) the national emergency declared 

13 by the President under the National Emer14 gencies Act (50 U.S.C. 1601 et seq.) with 

15 respect to the Coronavirus Disease 2019 

16 (COVID–19). 

17 (5) FOREIGN AIR CARRIER.—The term ‘‘foreign 

18 air carrier’’ has the meaning given that term in sec19 tion 40102 of title 49, United States Code. 

20 (6) TICKET AGENT.—The term ‘‘ticket agent’’ 

21 has the meaning given that term in section 40102 

22 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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