I

106TH CONGRESS

1ST SESSION H. R. 897

To direct the Secretary of Transportation to conduct a study and issue

a report on predatory and discriminatory practices of airlines which

restrict consumer access to unbiased air transportation passenger service

and fare information.

IN THE HOUSE OF REPRESENTATIVES

MARCH 2, 1999

Mr. FORBES introduced the following bill; which was referred to the

Committee on Transportation and Infrastructure

A BILL

To direct the Secretary of Transportation to conduct a study

and issue a report on predatory and discriminatory practices of airlines which restrict consumer access to unbiased air transportation passenger service and fare information.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Consumer Access to

5 Travel Information Act of 1999’’.

6 SEC. 2. FINDINGS.

7 Congress finds the following:
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1 (1) To foster and preserve competition, national

2 transportation policy should support the continu3 ation of widespread, convenient, and efficient public

4 access to unbiased comparative air transportation

5 passenger service and fare information.

6 (2) The traveling public relies upon unbiased

7 comparative air transportation passenger service and

8 fare information provided by independent retail trav9 el agents and other independent sources.

10 (3) Concentrations of market power, restric11 tions on entry, and predatory and discriminatory

12 practices of airlines impair consumer access to inde13 pendently distributed unbiased comparative informa14 tion about air transportation passenger services and

15 fares.

16 (4) If not corrected, such practices will seri17 ously restrict consumer access to the independent

18 and unbiased service and fare information provided

19 by travel agents and other independent sources.

20 SEC. 3. POLICY.

21 Section 40101(a) of title 49, United States Code, is

22 amended by adding at the end the following:

23 ‘‘(16) ensuring that consumers may obtain un24 biased information in an efficient and convenient

25 manner from travel agents and other independent
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1 sources about air transportation passenger services

2 and fares.’’.

3 SEC. 4. STUDY; REPORT.

4 (a) STUDY.—Not later than 60 days after the date

5 of the enactment of this Act, the Secretary of Transpor6 tation shall undertake a study of the availability to con7 sumers of adequate unbiased information about air trans8 portation passenger services and fares. The study shall in9 clude an investigation of the following:

10 (1) Air carrier policies that deter or prevent

11 travel agents and other independent sources of such

12 information from using competitively efficient phone

13 systems, computer reservation systems, or other

14 electronic systems to communicate or consummate

15 transactions with the public.

16 (2) Air carrier policies that deter or prevent

17 travel agents and other independent sources of such

18 information from offering the public the same or

19 greater concessions, benefits, or services than those

20 offered by air carriers directly to those consumers.

21 (3) Discriminatory collective or joint operation

22 of assets used to offer concessions, benefits, or serv23 ices to the public while denying comparable access to

24 such concessions, benefits, or services through travel

25 agents and other independent sources, including
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1 joint sales activities, denial of competitive tools, and

2 denial of distribution efficiencies.

3 (4) Sharing of competitively significant sales

4 transaction data in violation of the confidentiality in5 terests of the travel agents or other independent

6 sources that generated such data.

7 (5) As the Secretary of Transportation deter8 mines appropriate, any other practices that are like9 ly to impair consumer access to independently dis10 tributed unbiased comparative information about air

11 transportation passenger services or fares.

12 (b) REPORT.—Not later than 1 year after the date

13 of the enactment of this Act, the Secretary shall transmit

14 to Congress a report of the conclusions of the study re15 quired by subsection (a).

16 SEC. 5. CEASE AND DESIST ORDERS.

17 After notice and an opportunity for a hearing, the

18 Secretary of Transportation shall order any air carrier or

19 other party engaged in any practice or policy which con20 stitutes a predatory, unfair, or deceptive practice or unfair

21 method of competition which restricts the widespread, con22 venient, and efficient access by the public to unbiased

23 comparative air transportation passenger service and fare

24 information or the sale, booking, or distribution of air
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1 transportation passenger services or products, to cease

2 and desist therefrom.

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