I
106TH CONGRESS
1ST SESSION
H. R. 2051
To amend title 49, United States Code, to require the Secretary of Transpor-
tation to investigate and hold public hearings in response to petitions
claiming unreasonably high air fares or inadequate air carrier competition
at airports.
IN THE HOUSE OF REPRESENTATIVES
JUNE 8, 1999
Mr. DEFAZIO introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
A BILL
To amend title 49, United States Code, to require the Sec-
retary of Transportation to investigate and hold public
hearings in response to petitions claiming unreasonably
high air fares or inadequate air carrier competition at
airports.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. PETITIONS CLAIMING UNREASONABLY HIGH
AIR FARES OR INADEQUATE AIR CARRIER
COMPETITION AT AIRPORTS.
Section 41712 of title 49, United States Code, is
amended—
pursuant to section 41708 such information con-
cerning fares for air transportation and air service
at the airport as the Secretary considers necessary
to making findings in response to the petition.
‘‘(4) OPPORTUNITY TO TESTIFY.—A sponsor of
an airport or an attorney general of a State submit-
ting a petition under paragraph (1), and each air
carrier providing air transportation at the airport,
shall be provided an opportunity to testify at the
public hearing conducted with respect to the peti-
tion. The Secretary may also take testimony from
other interested persons and shall consider all writ-
ten petitions received in response to each petition.
‘‘(5) FINDINGS.—Not later than 60 days after
the date on which a public hearing is convened with
respect to a petition submitted under this sub-
section, the Secretary shall issue written findings in
response to the issues raised in the petition, includ-
ing, at a minimum, findings as to—
‘‘(A) subject to paragraph (8), whether
fares for air transportation at the airport are
substantially higher than at comparable air-
ports in the Nation;
‘‘(B) whether air carrier costs to provide
air transportation at the airport appear sub-
stantially higher than at comparable airports;
‘‘(C) whether barriers to entry are discour-
aging or preventing other air carriers from ini-
tiating competitive air transportation at the air-
port;
‘‘(D) whether marketing practices de-
scribed in subsection (c) or other air carrier
practices are contributing to such barriers to
entry or are otherwise resulting in higher air
carrier costs or higher fares for air transpor-
tation; and
‘‘(E) as appropriate, whether any pro-
grams under the Secretary’s authority could be
helpful to airports in marketing their facilities
to air carriers, reducing fares for air transpor-
tation, or minimizing barriers to entry by other
air carriers seeking to provide air transpor-
tation at the airport.
‘‘(6) SUBSEQUENT
PETITIONS.—If the Sec-
retary receives a petition under this section with re-
spect to an airport for which the Secretary has pre-
viously conducted an investigation and public hear-
ing under this subsection, the Secretary may decide
not to conduct a subsequent investigation and public
hearing in response to the new petition. In deciding
whether to conduct the investigation and public
hearing, the Secretary shall consider whether
changed circumstances may have limited the con-
tinuing validity of the Secretary’s previous findings
with respect to the airport.
‘‘(7) REPORTS TO CONGRESS.—Not later than
180 days after the date of enactment of this sub-
section, and at the end of each 180-day period there-
after, the Secretary shall transmit to Congress a re-
port on the results of the investigations, if any, com-
pleted under this subsection during that period.
‘‘(8) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this subsection may be construed
to authorize the Secretary to set or invalidate any
fare for air transportation.
‘‘(c) MARKETING PRACTICES THAT ADVERSELY AF-
FECT AIR CARRIER COMPETITION.—
‘‘(1) REVIEW.—Not later than 180 days after
the date of enactment of this subsection, the Sec-
retary shall review the marketing practices of air
carriers that may inhibit the availability of quality,
affordable air transportation services to commercial
service airports, including—
‘‘(A) marketing arrangements between air
carriers and travel agents;
‘‘(B) code-sharing partnerships;
‘‘(C) frequent flyer incentive programs and
restrictions on purchases of frequent flyer mile-
age by other air carriers;
‘‘(D) computer reservation system displays;
‘‘(E) gate arrangements at airports;
‘‘(F) exclusive dealing arrangements; and
‘‘(G) any other marketing practices that
may have similar impacts.
‘‘(2) REGULATIONS.—If the Secretary finds,
after conducting the review required by paragraph
(1), that 1 or more marketing practices of air car-
riers inhibit the availability of quality, affordable air
transportation services at commercial service air-
ports, the Secretary, after providing notice and an
opportunity for public comment, shall issue regula-
tions to address the marketing practices.’’.
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