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105TH CONGRESS

2D SESSION S. 1977

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 SENATE OF THE UNITED STATES

APRIL 23, 1998

Mr. D’AMATO (for himself and Mr. REID) introduced the following bill; which

was read twice and referred to the Committee on Commerce, Science, and

Transportation

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 1998’’.

6 SEC. 2. FINDINGS.

7 The 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 or

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 comparative information from travel agents

25 and other independent sources about air transpor-
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1 tation passenger services and fares in an efficient

2 and convenient manner.’’.

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 (hereinafter in this Act referred to as the ‘‘Sec7 retary’’) shall undertake a study of the availability to con8 sumers of adequate unbiased information about air trans9 portation passenger services and fares. The study shall in10 clude an investigation of the following practices:

11 (1) Air carrier policies that deter or prevent

12 travel agents or other independent sources from

13 using competitively efficient phone systems, com14 puter reservation systems, or other electronic sys15 tems to communicate or consummate transactions

16 with the public.

17 (2) Air carrier policies that deter or prevent

18 travel agents and other independent sources from of19 fering the public the same or greater concessions,

20 benefits, or services than those offered by air car21 riers directly to those consumers.

22 (3) Discriminatory collective or joint operation

23 of assets used to offer concessions, benefits, or serv24 ices to the public while denying comparable access to

25 such concessions, benefits, or services through travel
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1 agents and other independent sources, including

2 joint sales activities, denial of competitive tools, and

3 denial of distribution efficiencies.

4 (4) Sharing of competitively significant sales

5 transaction data in violation of the confidentiality in6 terests of the travel agents or other independent

7 sources that generated such data.

8 (5) As the Secretary considers appropriate, any

9 other practices which may impair consumer access to

10 independently distributed unbiased comparative in11 formation about air transportation passenger serv12 ices of fares.

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

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

15 to Congress a report of the conclusions of the study re16 quired by subsection (a).

17 SEC. 5. CEASE AND DESIST ORDERS.

18 The Secretary shall, after notice and hearing, order

19 any air carrier or other party engaged in any practice or

20 policy which constitutes a predatory, unfair, or deceptive

21 practice or unfair method of competition which restricts

22 the widespread, convenient, and efficient access by the

23 public to unbiased comparative air transportation pas24 senger service and fare information or the sale, booking,
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1 or distribution of air transportation passenger services or

2 products, to cease and desist therefrom.

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