I 118TH CONGRESS 1ST SESSION H. R. 2617 To amend title 49, United States Code, to require air carriers to provide passengers experiencing a delay or cancellation with alternative transpor- tation on another air carrier. IN THE HOUSE OF REPRESENTATIVES APRIL 13, 2023 Ms. PORTER introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 49, United States Code, to require air car- riers to provide passengers experiencing a delay or can- cellation with alternative transportation on another air carrier. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Choices for Stranded 4 Passengers Act of 2023’’. 5 VerDate Sep 11 2014 22:39 Apr 18, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2617.IH H2617 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 2617 IH SEC. 2. PROVISION OF ALTERNATIVE AIR CARRIER TRANS- 1 PORTATION FOR DELAYS OR CANCELLA- 2 TIONS. 3 (a) IN GENERAL.—Subchapter I of chapter 417 of 4 title 49, United States Code, is amended by adding at the 5 end the following: 6 ‘‘§ 41727. Provision of alternative air carrier trans- 7 portation for delays or cancellations 8 ‘‘(a) ALTERNATIVE TRANSPORTATION.—An air car- 9 rier or foreign air carrier shall provide a passenger on 10 scheduled air transportation in an aircraft designed for 11 31 passenger seats or greater whose flight experiences a 12 controllable significant delay or cancellation with alternate 13 transportation on another air carrier or foreign air carrier 14 at no additional charge in any case in which the passenger 15 would reach the originally ticketed destination earlier than 16 on— 17 ‘‘(1) the ticketed flight; or 18 ‘‘(2) another flight provided by the air carrier 19 or foreign air carrier. 20 ‘‘(b) EXCLUSIONS.—Subsection (a) shall not apply if 21 the ticketed passenger voluntarily chooses— 22 ‘‘(1) alternative ground transportation, provided 23 at no additional charge by the applicable air carrier 24 or foreign air carrier; or 25 VerDate Sep 11 2014 22:39 Apr 18, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2617.IH H2617 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 2617 IH ‘‘(2) if such passenger chooses not to travel to 1 the originally ticketed destination, a full cash refund 2 for the ticket, including any ancillary fees, paid 3 promptly, as determined by the Secretary. 4 ‘‘(c) PASSENGER RIGHTS.—Air carriers, foreign air 5 carriers, and ticket agents shall ensure that the rights of 6 a passenger pursuant to this section are— 7 ‘‘(1) clear and conspicuous to the passenger at 8 the time of booking; and 9 ‘‘(2) in the case of an air carrier or foreign air 10 carrier, in written communication at the time a 11 flight experiences a controllable significant delay or 12 cancellation. 13 ‘‘(d) DEFINITIONS.—In this section: 14 ‘‘(1) CONTROLLABLE SIGNIFICANT DELAY OR 15 CANCELLATION.—The term ‘controllable significant 16 delay or cancellation’ means a significant delay or 17 cancellation that is caused by an air carrier or for- 18 eign air carrier. 19 ‘‘(2) SIGNIFICANT DELAY.—In this section, the 20 term ‘significant delay’ means, with respect to air 21 transportation, the departure or arrival at the origi- 22 nally ticketed destination associated with such trans- 23 portation has changed— 24 VerDate Sep 11 2014 22:39 Apr 18, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2617.IH H2617 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 2617 IH ‘‘(A) in the case of air transportation with- 1 in the United States, by 3 or more hours; or 2 ‘‘(B) in the case of air transportation to or 3 from a location outside the United States, by 6 4 or more hours.’’. 5 (b) CLERICAL AMENDMENT.—The analysis for sub- 6 chapter I of chapter 417 of title 49, United States Code, 7 is amended by adding at the end the following: 8 ‘‘41727. Provision of alternative air carrier transportation for delays or cancella- tions.’’. Æ VerDate Sep 11 2014 22:39 Apr 18, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H2617.IH H2617 pbinns on DSKJLVW7X2PROD with $$_JOB