I
105TH CONGRESS
2D SESSION
H. R. 3704
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
APRIL 22, 1998
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 prac-
tices of airlines which restrict consumer access to unbi-
ased air transportation passenger service and fare infor-
mation.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Consumer Access to
Travel Information Act of 1998’’.
SEC. 2. FINDINGS.
Congress finds the following:
(1) To foster and preserve competition, national
transportation policy should support the continu-
ation of widespread, convenient, and efficient public
access to unbiased comparative air transportation
passenger service and fare information.
(2) The traveling public relies upon unbiased
comparative air transportation passenger service and
fare information provided by independent retail trav-
el agents and other independent sources.
(3) Concentrations of market power, restric-
tions on entry, and predatory and discriminatory
practices of airlines impair consumer access to inde-
pendently distributed unbiased comparative informa-
tion about air transportation passenger services and
fares.
(4) If not corrected, such practices will seri-
ously restrict consumer access to the independent
and unbiased service and fare information provided
by travel agents and other independent sources.
SEC. 3. POLICY.
Section 40101(a) of title 49, United States Code, is
amended by adding at the end the following:
‘‘(16) ensuring that consumers may obtain un-
biased information in an efficient and convenient
manner from travel agents and other independent
sources about air transportation passenger services
and fares.’’.
SEC. 4. STUDY; REPORT.
(a) STUDY.—Not later than 60 days after the date
of the enactment of this Act, the Secretary of Transpor-
tation shall undertake a study of the availability to con-
sumers of adequate unbiased information about air trans-
portation passenger services and fares. The study shall in-
clude an investigation of the following:
(1) Air carrier policies that deter or prevent
travel agents and other independent sources of such
information from using competitively efficient phone
systems, computer reservation systems, or other
electronic systems to communicate or consummate
transactions with the public.
(2) Air carrier policies that deter or prevent
travel agents and other independent sources of such
information from offering the public the same or
greater concessions, benefits, or services than those
offered by air carriers directly to those consumers.
(3) Discriminatory collective or joint operation
of assets used to offer concessions, benefits, or serv-
ices to the public while denying comparable access to
such concessions, benefits, or services through travel
agents and other independent sources, including
joint sales activities, denial of competitive tools, and
denial of distribution efficiencies.
(4) Sharing of competitively significant sales
transaction data in violation of the confidentiality in-
terests of the travel agents or other independent
sources that generated such data.
(5) As the Secretary of Transportation deter-
mines appropriate, any other practices that are like-
ly to impair consumer access to independently dis-
tributed unbiased comparative information about air
transportation passenger services or fares.
(b) REPORT.—Not later than 1 year after the date
of the enactment of this Act, the Secretary shall transmit
to Congress a report of the conclusions of the study re-
quired by subsection (a).
SEC. 5. CEASE AND DESIST ORDERS.
After notice and an opportunity for a hearing, the
Secretary of Transportation shall order any air carrier or
other party engaged in any practice or policy which con-
stitutes a predatory, unfair, or deceptive practice or unfair
method of competition which restricts the widespread, con-
venient, and efficient access by the public to unbiased
comparative air transportation passenger service and fare
information or the sale, booking, or distribution of air
transportation passenger services or products, to cease
and desist therefrom.
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