[Page S1477]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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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