[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2823 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2823

 To amend chapter 417 of title 49, United States Code, to require air 
 carriers and ticket agents to notify consumers of all taxes and fees 
   applicable to airline tickets in a timely manner, to prohibit the 
 imposition of fuel surcharges that do not correlate to the fuel costs 
           incurred by air carriers, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 2, 2009

 Mr. Menendez introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To amend chapter 417 of title 49, United States Code, to require air 
 carriers and ticket agents to notify consumers of all taxes and fees 
   applicable to airline tickets in a timely manner, to prohibit the 
 imposition of fuel surcharges that do not correlate to the fuel costs 
           incurred by air carriers, and for other purposes.

    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 ``Clear Airfares Act of 2009''.

SEC. 2. NOTIFICATION REQUIREMENTS WITH RESPECT TO THE SALE OF AIRLINE 
              TICKETS; RESTRICTIONS ON CERTAIN FUEL SURCHARGES.

    (a) In General.--Section 41712 of title 49, United States Code, is 
amended by adding at the end the following:
    ``(c) Notice of Taxes and Fees Applicable to Tickets for Air 
Transportation.--
            ``(1) In general.--It shall be an unfair or deceptive 
        practice under subsection (a) for an air carrier, foreign air 
        carrier, or ticket agent to sell a ticket for air 
        transportation unless the air carrier, foreign air carrier, or 
        ticket agent, as the case may be--
                    ``(A) displays information with respect to the 
                taxes and fees described in paragraph (2), including 
                the amount and a description of each such tax or fee, 
                simultaneously with and in reasonable proximity to the 
                price listed for the ticket; and
                    ``(B) in the case of a ticket for air 
                transportation sold on the Internet, provides to the 
                purchaser of the ticket information with respect to the 
                taxes and fees described in paragraph (2), including 
                the amount and a description of each such tax or fee, 
                before requiring the purchaser to provide any personal 
                information, including the name, address, phone number, 
                e-mail address, or credit card information of the 
                purchaser.
            ``(2) Taxes and fees described.--The taxes and fees 
        described in this paragraph are all taxes, fees, and charges 
        applicable to a ticket for air transportation, including--
                    ``(A) all taxes, fees, charges, and surcharges 
                included in the price paid by a purchaser for the 
                ticket, including fuel surcharges and surcharges 
                relating to peak or holiday travel; and
                    ``(B) any fees for checked baggage, seating 
                assignments, and optional in-flight goods and services, 
                and other fees that may be charged after the ticket is 
                purchased.
    ``(d) Prohibition on Fuel Surcharges Not Correlated to Cost.--
            ``(1) In general.--It shall be an unfair or deceptive 
        practice under subsection (a) for an air carrier or foreign air 
        carrier to impose a fuel surcharge with respect to a ticket for 
        air transportation unless the amount of the fuel surcharge 
        correlates to the amount paid by the air carrier for fuel and 
        to the amount of fuel used by the air carrier to provide the 
        purchaser with such air transportation.
            ``(2) Determinations of correlation.--The Secretary of 
        Transportation, in consultation with the Administrator of the 
        Federal Aviation Administration, shall prescribe standards to 
        be used in determining under paragraph (1) whether a fuel 
        surcharge imposed by an air carrier correlates to the amount 
        paid by the air carrier for fuel and to the amount of fuel used 
        by the air carrier to provide air transportation.''.
    (b) Regulations.--The Secretary of Transportation, in consultation 
with the Administrator of the Federal Aviation Administration, shall 
prescribe such regulations as may be necessary to carry out subsections 
(c) and (d) of section 41712 of title 49, United States Code, as added 
by subsection (a) of this section.
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