[Congressional Record Volume 162, Number 56 (Wednesday, April 13, 2016)]
[Senate]
[Pages S2032-S2033]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3691. Mr. MARKEY (for himself, Mr. Blumenthal, and Ms. Klobuchar) 
submitted an amendment intended to be proposed to amendment SA 3679 
proposed by Mr. McConnell (for Mr. Thune (for himself and Mr. Nelson)) 
to the bill H.R. 636, to amend the Internal Revenue Code of 1986 to 
permanently extend increased expensing limitations, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

[[Page S2033]]

  


     SEC. ___. REGULATIONS PROHIBITING THE IMPOSITION OF FEES THAT 
                   ARE NOT REASONABLE AND PROPORTIONAL TO THE 
                   COSTS INCURRED.

       (a) Definitions.--In this section:
       (1) Air carrier.--The term ``air carrier'' means any air 
     carrier that holds an air carrier certificate under section 
     41101 of title 49, United States Code.
       (2) Interstate air transportation.--The term ``interstate 
     air transportation'' has the meaning given that term in 
     section 40102 of title 49, United States Code.
       (b) Regulations Required.--Not later than 270 days after 
     the date of the enactment of this Act, the Secretary of 
     Transportation shall prescribe regulations--
       (1) prohibiting an air carrier from imposing fees described 
     in subsection (c) that are unreasonable or disproportional to 
     the costs incurred by the air carrier; and
       (2) establishing standards for assessing whether such fees 
     are reasonable and proportional to the costs incurred by the 
     air carrier.
       (c) Fees Described.--The fees described in this subsection 
     are--
       (1) any fee for a change or cancellation of a reservation 
     for a flight in interstate air transportation;
       (2) any fee relating to checked baggage to be transported 
     on a flight in interstate air transportation; and
       (3) any other fee imposed by an air carrier relating to a 
     flight in interstate air transportation.
       (d) Considerations.--In establishing the standards required 
     by subsection (b)(2), the Secretary shall consider--
       (1) with respect to a fee described in subsection (c)(1) 
     imposed by an air carrier for a change or cancellation of a 
     flight reservation--
       (A) any net benefit or cost to the air carrier from the 
     change or cancellation, taking into consideration--
       (i) the ability of the air carrier to anticipate the 
     expected average number of cancellations and changes and make 
     reservations accordingly;
       (ii) the ability of the air carrier to fill a seat made 
     available by a change or cancellation;
       (iii) any difference in the fare likely to be paid for a 
     ticket sold to another passenger for a seat made available by 
     the change or cancellation, as compared to the fare paid by 
     the passenger who changed or canceled the passenger's 
     reservation; and
       (iv) the likelihood that the passenger changing or 
     cancelling the passenger's reservation will fill a seat on 
     another flight by the same air carrier;
       (B) the costs of processing the change or cancellation 
     electronically; and
       (C) any related labor costs;
       (2) with respect to a fee described in subsection (c)(2) 
     imposed by an air carrier relating to checked baggage--
       (A) the costs of processing checked baggage electronically; 
     and
       (B) any related labor costs; and
       (3) any other considerations the Secretary considers 
     appropriate.
       (e) Updated Regulations.--The Secretary shall update the 
     standards required by subsection (b)(2) not less frequently 
     than once every 3 years.
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