S.Amdt. 3691

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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