S.Amdt. 3669

SA 3669. Mr. DAINES submitted an amendment intended to be proposed to
amendment SA 3464 submitted by 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:

On page 270, strike lines 2 through 11 and insert the
following:
(a) Rulemaking.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
issue final regulations to require a covered air carrier to
promptly provide an automatic refund or other compensation to
a passenger if the covered air carrier--
(A) has charged the passenger an ancillary fee for checked
baggage; and
(B) fails to deliver the checked baggage to the passenger
not later than 6 hours after the arrival of a domestic flight
or 12 hours after the arrival of an international flight.
(2) Choice of equivalent compensation.--The regulations
under paragraph (1) may allow an air carrier to offer a
passenger the opportunity to select an alternate form of
compensation of equivalent or greater value in lieu of a
refund if the passenger is concurrently notified that he or
she is entitled to a full refund of paid baggage fees, among
the options for compensation. If the passenger fails to
respond to the offer of equivalent compensation, the air
carrier shall automatically refund the baggage fee paid by
the passenger.
(3) Refund deadline.--Any refund under paragraph (1) or
alternate equivalent compensation under paragraph (2) shall
be provided to the passenger promptly and shall be provided
not later than 10 days after an air carrier's failure to
deliver checked baggage within the period prescribed under
paragraph (1)(B).
______