I 

111TH CONGRESS 

2D SESSION H. R. 4788 

To amend title 49, United States Code, to establish limitations on the approval of cooperative arrangements between 2 or more air carriers or 

between an air carrier and a foreign air carrier, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 9, 2010 

Mr. BISHOP of New York (for himself, Mr. MICHAUD, and Mr. MCCOTTER) 

introduced the following bill; which was referred to the Committee on 

Transportation and Infrastructure 

A BILL 

To amend title 49, United States Code, to establish limitations on the approval of cooperative arrangements between 2 or more air carriers or between an air carrier 

and a foreign air carrier, and for other purposes. 

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 ‘‘Aviation Jobs Out5 sourcing Prevention Act’’. 


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1 SEC. 2. LIMITATIONS ON APPROVAL OF COOPERATIVE AR2 RANGEMENTS BETWEEN AIR CARRIERS. 

3 (a) FILING.—Section 41309(a) of title 49, United 

4 States Code, is amended by inserting after ‘‘may file’’ the 

5 following: ‘‘, and, with respect to an arrangement de6 scribed in subsection (b)(3), shall file,’’. 

7 (b) APPROVAL.—Section 41309(b) of such title is 

8 amended— 

9 (1) by striking ‘‘or’’ at the end of paragraph 

10 (1)(B); 

11 (2) by striking the period at the end of para12 graph (2)(B) and inserting ‘‘; or’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(3) or, after periodic review, end approval of, an 

15 agreement, request, or modification that provides for or 

16 permits the sharing or pooling of revenue or profits be17 tween participating carriers earned in covered operations, 

18 unless the Secretary finds that each participating air car19 rier’s share of the pooled revenue or pooled profits (which20 ever share is greater) contributed by covered operations 

21 in any measurement period does not exceed 130 percent 

22 of the participating air carrier’s share of pooled ASMs in 

23 covered operations during the measurement period.’’. 

24 (c) DEFINITIONS.—Section 41309 of such title is 

25 amended by adding at the end the following: 


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1 ‘‘(d) DEFINITIONS.—In subsection (b)(3) and this 

2 subsection, the following definitions apply: 

3 ‘‘(1) COVERED OPERATIONS.—The term ‘cov4 ered operations’ means the nonstop carriage of pas5 sengers under an agreement, request, or modifica6 tion described in subsection (b)(3) between a place 

7 in the United States and a place outside the United 

8 States. 

9 ‘‘(2) MEASUREMENT PERIOD.—The term 

10 ‘measurement period’ means any period of 12 con11 secutive months commencing on or after the first 

12 day of the first month of operations under an agree13 ment, request, or modification described in sub14 section (b)(3) following the Secretary’s approval or 

15 reapproval thereof. 

16 ‘‘(3) PARTICIPATING AIR CARRIER.—The term 

17 ‘participating air carrier’ means an air carrier par18 ticipating in an agreement, request, or modification 

19 described in subsection (b)(3). 

20 ‘‘(4) PARTICIPATING CARRIERS.—The term 

21 ‘participating carriers’ means 2 or more air carriers, 

22 or an air carrier and a foreign air carrier, partici23 pating in an agreement, request, or modification de24 scribed in subsection (b)(3). 


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1 ‘‘(5) POOLED ASMS.—The term ‘pooled ASMs’ 

2 means the available seat miles operated by the par3 ticipating carriers in covered operations that con4 tribute to the pooled revenues or profits from such 

5 operations in the measurement period. 

6 ‘‘(6) SHARE OF POOLED ASMS.—The term 

7 ‘share of pooled ASMs’ means, with respect to an air 

8 carrier during a measurement period, the quotient of 

9 the pooled ASMs operated by the air carrier in that 

10 period divided by the aggregate of all pooled ASMs 

11 operated in that period by the participating car12 riers.’’. 

13 (d) APPLICABILITY.—The amendments made by this 

14 section shall apply to agreements, requests, and modifica15 tions referred to in section 41309(a) of title 49, United 

16 States Code, whether approved before the date of enact17 ment of this Act or submitted for approval prior to, on, 

18 or after such date of enactment. 

Æ 


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