[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3691 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3691

 To establish rules to assist consumers to compare airfares and other 
   costs applicable to tickets for air transportation, to amend the 
Internal Revenue Code of 1986 to provide that fees charged for carry-on 
and checked baggage on passenger aircraft are subject to the excise tax 
  imposed on transportation of persons by air, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 3, 2010

   Mr. Webb introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 To establish rules to assist consumers to compare airfares and other 
   costs applicable to tickets for air transportation, to amend the 
Internal Revenue Code of 1986 to provide that fees charged for carry-on 
and checked baggage on passenger aircraft are subject to the excise tax 
  imposed on transportation of persons by air, 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 ``Airline Baggage Transparency and 
Accountability Act''.

SEC. 2. NOTIFICATION REQUIREMENTS WITH RESPECT TO THE SALE OF AIRLINE 
              TICKETS.

    (a) In General.--The Office of Aviation Consumer Protection and 
Enforcement of the Department of Transportation shall establish rules 
to ensure that all consumers are able to easily and fairly compare 
airfares and other costs applicable to tickets for air transportation, 
including all taxes and fees.
    (b) Notice of Taxes and Fees Applicable to Tickets for Air 
Transportation.--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.''.
    (c) Rulemaking.--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 section 
41712(c) of title 49, United States Code, as added by subsection (b).

SEC. 3. FEES FOR CARRY-ON AND CHECKED BAGGAGE TREATED AS PAID FOR 
              TAXABLE TRANSPORTATION.

    (a) In General.--Section 4261(e) of the Internal Revenue Code of 
1986 is amended by adding at the end the following:
            ``(6) Amounts paid for carry-on or checked baggage.--Any 
        amount paid by an airline passenger to check baggage for 
        transit on the aircraft carrying such passenger or to 
        personally carry baggage into the cabin or overhead storage 
        compartments of the aircraft carrying such passenger shall be 
        treated for purposes of subsection (a) as an amount paid for 
        taxable transportation.''.
    (b) Effective Date.--The amendment may by this section shall apply 
to transportation beginning on or after the date of the enactment of 
this Act.

SEC. 4. AUTHORITY OF AVIATION CONSUMER PROTECTION DIVISION WITH RESPECT 
              TO CLAIMS RELATING TO LOST AND STOLEN BAGGAGE.

    (a) In General.--The Assistant General Counsel for Aviation 
Enforcement and Proceedings shall, acting through the Aviation Consumer 
Protection Division, have authority to carry out consumer protection 
compliance and enforcement activities relating to claims by passengers 
with respect to lost, stolen, and damaged baggage.
    (b) Responsibility of Division.--The Aviation Consumer Protection 
Division shall also have authority to do the following:
            (1) Information collection.--Collect information from each 
        air carrier operating under part 121 of title 14, Code of 
        Federal Regulations, with respect to the air carrier's 
        procedures and performance relating to lost, stolen, and 
        damaged baggage.
            (2) Publication of information.--Make the information 
        collected pursuant to paragraph (1) available to the public on 
        the Department of Transportation website.
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