[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4788 Introduced in House (IH)]

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.

    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 ``Aviation Jobs Outsourcing Prevention 
Act''.

SEC. 2. LIMITATIONS ON APPROVAL OF COOPERATIVE ARRANGEMENTS BETWEEN AIR 
              CARRIERS.

    (a) Filing.--Section 41309(a) of title 49, United States Code, is 
amended by inserting after ``may file'' the following: ``, and, with 
respect to an arrangement described in subsection (b)(3), shall 
file,''.
    (b) Approval.--Section 41309(b) of such title is amended--
            (1) by striking ``or'' at the end of paragraph (1)(B);
            (2) by striking the period at the end of paragraph (2)(B) 
        and inserting ``; or''; and
            (3) by adding at the end the following:
    ``(3) or, after periodic review, end approval of, an agreement, 
request, or modification that provides for or permits the sharing or 
pooling of revenue or profits between participating carriers earned in 
covered operations, unless the Secretary finds that each participating 
air carrier's share of the pooled revenue or pooled profits (whichever 
share is greater) contributed by covered operations in any measurement 
period does not exceed 130 percent of the participating air carrier's 
share of pooled ASMs in covered operations during the measurement 
period.''.
    (c) Definitions.--Section 41309 of such title is amended by adding 
at the end the following:
    ``(d) Definitions.--In subsection (b)(3) and this subsection, the 
following definitions apply:
            ``(1) Covered operations.--The term `covered operations' 
        means the nonstop carriage of passengers under an agreement, 
        request, or modification described in subsection (b)(3) between 
        a place in the United States and a place outside the United 
        States.
            ``(2) Measurement period.--The term `measurement period' 
        means any period of 12 consecutive months commencing on or 
        after the first day of the first month of operations under an 
        agreement, request, or modification described in subsection 
        (b)(3) following the Secretary's approval or reapproval 
        thereof.
            ``(3) Participating air carrier.--The term `participating 
        air carrier' means an air carrier participating in an 
        agreement, request, or modification described in subsection 
        (b)(3).
            ``(4) Participating carriers.--The term `participating 
        carriers' means 2 or more air carriers, or an air carrier and a 
        foreign air carrier, participating in an agreement, request, or 
        modification described in subsection (b)(3).
            ``(5) Pooled asms.--The term `pooled ASMs' means the 
        available seat miles operated by the participating carriers in 
        covered operations that contribute to the pooled revenues or 
        profits from such operations in the measurement period.
            ``(6) Share of pooled asms.--The term `share of pooled 
        ASMs' means, with respect to an air carrier during a 
        measurement period, the quotient of the pooled ASMs operated by 
        the air carrier in that period divided by the aggregate of all 
        pooled ASMs operated in that period by the participating 
        carriers.''.
    (d) Applicability.--The amendments made by this section shall apply 
to agreements, requests, and modifications referred to in section 
41309(a) of title 49, United States Code, whether approved before the 
date of enactment of this Act or submitted for approval prior to, on, 
or after such date of enactment.
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