II 111th CONGRESS 1st Session S. 2823 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.

1.

Short title

This Act may be cited as the Clear Airfares Act of 2009.

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.