Sec. 405. Advertisements and disclosure of fees for passenger air transportation
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/bill/115/hr/4/eh/section-405A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 41712 of title 49, United States Code, is amended by adding at the end the following: It shall not be an unfair or deceptive practice under subsection
(a)for a covered entity to state in an advertisement or solicitation for passenger air transportation the base airfare for the air transportation if the covered entity clearly and separately discloses— the government-imposed fees and taxes associated with the air transportation; and the total cost of the air transportation. For purposes of paragraph (1), the information described in paragraphs (1)(A) and (1)(B) shall be disclosed in the advertisement or solicitation in a manner that clearly presents the information to the consumer. For purposes of paragraph (1), with respect to an advertisement or solicitation for passenger air transportation that appears on an internet website or a mobile application, the information described in paragraphs (1)(A) and (1)(B) may be disclosed through a link or pop-up, as such terms may be defined by the Secretary, that displays the information in a manner that is easily accessible and viewable by the consumer. In this subsection, the following definitions apply: The term base airfare means the cost of passenger air transportation, excluding government-imposed fees and taxes. The term covered entity means an air carrier, including an indirect air carrier, foreign air carrier, ticket agent, or other person offering to sell tickets for passenger air transportation or a tour or tour component that must be purchased with air transportation. . Nothing in the amendment made by paragraph
(1)may be construed to affect any obligation of a person that sells air transportation to disclose the total cost of the air transportation, including government-imposed fees and taxes, prior to purchase of the air transportation. Not later than 120 days after the date of enactment of this Act, the Secretary of Transportation shall issue final regulations to carry out the amendment made by paragraph (1). This subsection, and the amendments made by this subsection, shall take effect on the earlier of— the effective date of regulations issued under paragraph (3); and the date that is 180 days after the date of enactment of this Act. Section 41712 of title 49, United States Code, as amended by this section, is further amended by adding at the end the following: It shall be an unfair or deceptive practice under subsection
(a)for any air carrier, foreign air carrier, or ticket agent to fail to include, in an internet fare quotation for a specific itinerary in air transportation selected by a consumer— a clear and prominent statement that additional fees for checked baggage and carry-on baggage may apply; and a prominent link that connects directly to a list of all such fees. Nothing in this subsection may be construed to derogate or limit any responsibilities of an air carrier, foreign air carrier, or ticket agent under section 399.85 of title 14, Code of Federal Regulations, or any successor provision. .