II 112th CONGRESS 1st Session S. 1918 IN THE SENATE OF THE UNITED STATES November 29, 2011 Ms. Landrieu introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Secretary of Homeland Security to prescribe regulations imposing a fee on air carriers that charge passengers for a first checked bag or a first carry-on bag, and for other purposes.

1.

Short title

This Act may be cited as the Fair Airline Industry Revenue Act of 2011.

2.

Findings

Congress makes the following findings: (1)Security service costs have increased for the Transportation Security Administration since many air carriers began to impose a fee for the first bag checked by a passenger. (2)As a result of the additional fee imposed by air carriers, more passengers are opting to carry baggage on aircraft, resulting in a need for more staff and more time for screening at airport security checkpoints. (3)The Transportation Security Administration estimates that, as a result of the increase in carry-on baggage being screened at airport security checkpoints, the Administration is spending an additional $260,000,000 on screening, which is detracting from resources available for other security programs.

3.

Regulations imposing a fee on air carriers charging for a first checked or carry-on bag

(a)

Regulations required

Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall prescribe regulations to impose a fee on an air carrier that imposes a fee for the first bag checked or the first bag carried on the aircraft by a passenger who purchases a ticket for air transportation on the air carrier in which at least one flight originates at an airport in the United States. (b)

Amount of fees

The fee imposed pursuant to subsection (a) may not exceed— (1)$2.00 per passenger charged for the first bag checked or carried on the aircraft by the passenger; or (2)$260,000,000 in the aggregate on all air carriers in a year. (c)

Fees credited as offsetting collections

Notwithstanding section 3302 of title 31, United States Code, fees collected pursuant to subsection (a) shall be credited as offsetting collections to the Secretary of Homeland Security for the Transportation Security Administration for aviation security. (d)

Definitions

In this section: (1)

Air carrier

The term air carrier means an air carrier, an intrastate air carrier, or a foreign air carrier (as those terms are defined in section 40102 of 49, United States Code). (2)

Air transportation

The term air transportation means air transportation, intrastate air transportation, and foreign air transportation (as those terms are defined in section 40102 of 49, United States Code).