Sec. 701. Advertisements and solicitations for passenger air transportation
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Section 41712 of title 49, United States Code, is further 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 such air transportation if the covered entity clearly and separately discloses— the government-imposed taxes and fees 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 a website, 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, in a manner that is easily accessible and viewable by the consumer. In this subsection: The term base airfare means the cost of passenger air transportation, excluding government-imposed taxes and fees. The term covered entity means an air carrier, including an indirect air carrier, foreign 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 subsection
(b)may be construed to affect any obligation of a person that sells passenger air transportation to disclose the total cost of such air transportation, including government-imposed taxes and fees, prior to purchase of such air transportation. Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall issue final regulations to carry out the amendment made by subsection (a). Nothing in this section may be construed to limit or otherwise affect the authority of the Secretary to regulate the disclosure of air carrier-imposed fees, or alter the requirements under part 399 of title 14, Code of Federal Regulations, as such part relates to air carrier-imposed fees. This section, and the amendment made by this section, shall take effect on the date that is 180 days after the date of enactment of this Act.