S.Amdt. 3505

SA 3505. Mr. MENENDEZ submitted an amendment intended to be proposed
to amendment SA 3452 proposed by Mr. Rockefeller to the bill H.R. 1586,
to impose an additional tax on bonuses received from certain TARP
recipients; which was ordered to lie on the table; as follows:

At the end of subtitle A of title IV, add the following:

SEC. 407. PROHIBITION ON FUEL SURCHARGES NOT CORRELATED TO
COST OF AIR TRANSPORTATION.

(a) In General.--Section 41712, as amended by this Act, is
further amended by adding at the end the following:
``(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 subsection (d) of section 41712 of
title 49, United States Code, as added by subsection (a) of
this section.
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