Advertisements and solicitations for passenger air transportation

(a)

Full fare advertising

Section 41712 of title 49, United States Code, is amended by adding at the end the following:

(d)

Full fare advertising

(1)

In general

It shall not be an unfair or deceptive practice under subsection (a) for a covered entity to state in an advertisement or solicitation for passenger air transportation the base airfare for the air transportation if the covered entity clearly and separately discloses— (A)the government-imposed taxes and fees associated with the air transportation; and (B)the total cost of the air transportation. (2)

Form of disclosure

(A)

In general

For purposes of paragraph (1), the information described in paragraphs (1)(A) and (1)(B) shall be disclosed in the advertisement or solicitation in a manner that clearly presents the information to the consumer. (B)

Internet advertisements and solicitations

For purposes of paragraph (1), with respect to an advertisement or solicitation for passenger air transportation that appears on an Internet Web site, the information described in paragraphs (1)(A) and (1)(B) may be disclosed through a link or pop-up, as such terms may be defined by the Secretary, that displays the information in a manner that is easily accessible and viewable by the consumer. (3)

Definitions

In this subsection, the following definitions apply: (A)

Base airfare

The term base airfare means the cost of passenger air transportation, excluding government-imposed taxes and fees. (B)

Covered entity

The term covered entity means an air carrier, including an indirect air carrier, foreign carrier, ticket agent, or other person offering to sell tickets for passenger air transportation or a tour or tour component that must be purchased with air transportation.

(b)

Limitation on statutory construction

Nothing in the amendment made by subsection (a) may be construed to affect any obligation of a person that sells air transportation to disclose the total cost of the air transportation, including government-imposed taxes and fees, prior to purchase of the air transportation. (c)

Regulations

Not later than 120 days after the date of enactment of this Act, the Secretary shall issue final regulations to carry out the amendment made by subsection (a). (d)

Effective date

This Act, and the amendments made by this Act, shall take effect on the earlier of— (1)the effective date of regulations issued under subsection (c); and (2)the date that is 180 days after the date of enactment of this Act.