[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1977 Introduced in Senate (IS)]







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.

    Be it enacted by the Senate and House of Representatives 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.

    The Congress finds the following:
            (1) To foster and preserve competition, national 
        transportation policy should support the continuation 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 travel agents and other 
        independent sources.
            (3) Concentrations of market power, restrictions on entry, 
        and predatory and discriminatory practices of airlines impair 
        consumer access to independently distributed unbiased 
        comparative information about air transportation passenger 
        services or fares.
            (4) If not corrected, such practices will seriously 
        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 unbiased 
        comparative information from travel agents and other 
        independent sources about air transportation passenger services 
        and fares in an efficient and convenient manner.''.

SEC. 4. STUDY; REPORT.

    (a) Study.--Not later than 60 days after the date of the enactment 
of this Act, the Secretary of Transportation (hereinafter in this Act 
referred to as the ``Secretary'') shall undertake a study of the 
availability to consumers of adequate unbiased information about air 
transportation passenger services and fares. The study shall include an 
investigation of the following practices:
            (1) Air carrier policies that deter or prevent travel 
        agents or other independent sources 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 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 services 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 interests of the 
        travel agents or other independent sources that generated such 
        data.
            (5) As the Secretary considers appropriate, any other 
        practices which may impair consumer access to independently 
        distributed unbiased comparative information about air 
        transportation passenger services of 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 required by subsection (a).

SEC. 5. CEASE AND DESIST ORDERS.

    The Secretary shall, after notice and hearing, order any air 
carrier or other party engaged in any practice or policy which 
constitutes a predatory, unfair, or deceptive practice or unfair method 
of competition which restricts the widespread, convenient, 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.
                                 <all>