[Congressional Record Volume 145, Number 148 (Wednesday, October 27, 1999)]
[Senate]
[Page S13268]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SANTORUM (for himself and Mr. Specter):
  S. 1807. A bill to provide for increased access to airports in the 
United Kingdom by United States air carriers, and for other purposes; 
to the Committee on Commerce, Science, and Transportation.


          open skies between the u.s. and the u.k. legislation

  Mr. SANTORUM. Mr. President, today, I am introducing legislation in 
response to the lack of progress in negotiations between the United 
States and the United Kingdom to open up competition through an open-
skies treaty for air travel between our countries. International 
aviation travel is central to the continued growth of commerce and 
tourism, and every effort must be made to increase these opportunities.

  This bill mandates that the United States and the United Kingdom come 
to an agreement that would grant all applications U.S. carriers 
currently have filed with the U.S. Department of Transportation for 
route access to the United Kingdom. The bill also mandates more access 
to London's Heathrow International Airport for U.S. carriers that do 
not currently have access to this airport. Congressman Bud Shuster, 
Chairman of the House Committee on Transportation and Infrastructure, 
has already introduced an identical bill, H.R. 3072, with the Ranking 
Minority Member, Congressman James Oberstar, in the House of 
Representatives.
  Under the current 22 year old bilateral agreement, known as Bermuda 
II, only two U.S. airlines, American and United, and two from Great 
Britain, British Airways and Virgin Atlantic, can fly between Heathrow 
and the United States. Under the current agreement, the British hold 
dominant rights to air travel between our countries in one of the most 
restrictive existing bilateral agreements for air travel. For example, 
British Airways is allowed to fly more routes to the U.S. than all U.S. 
carriers can fly to the United Kingdom combined. This present policy is 
unfair and is not in the best interests of American or British 
consumers.
  This situation is illustrated by the recent announcement by British 
Airways that it would be ending its nonstop flights between Pittsburgh 
and London as of October 31, 1999. This means that a city which has had 
nonstop for over a decade will no longer have it. Under the current 
restrictive agreement, only the British can fly to and from Pittsburgh; 
American carriers willing to pick up this route are unable to do so.
  The United States has open-skies agreements with over 36 countries 
which have been completed or are being phased in. Open-skies agreements 
allow a free market in air service in which airlines can fly where they 
want. It is inappropriate for the United States to lack a similar 
agreement with an historic ally and major trading partner such as the 
United Kingdom.
  If an agreement is not reached within six months of the bill's 
passage, the Secretary of Transportation is required to revoke all 
current slots and slot exemptions held by British air carriers at 
Chicago O'Hare and New York Kennedy airports. In addition, if the 
United States and the United Kingdom do not reach an open-skies 
agreement by the end of 2000, the bill mandates renunciation of the 
current bilateral agreement. My goal is to provide a strong incentive 
for our two countries to negotiate a fair, long overdue agreement by 
increasing competition and choices for consumers and all interested 
carriers in both countries.
  Mr. President, I ask unanimous consent that the bill be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1807

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. ACCESS TO UNITED KINGDOM AIRPORTS.

       (a) In General.--If the Governments of the United Kingdom 
     and the United States have not signed an agreement, by the 
     date that is 180 days after the date of enactment of this 
     Act, that--
       (1) provides for approval of all applications for air 
     routes from the United States to the United Kingdom that have 
     been submitted to the Secretary of Transportation by United 
     States air carriers and are pending on October 14, 1999; and
       (2) provides slots at Heathrow International Airport to 
     United States air carriers that do not have any slots at such 
     airport on such date of enactment, without affecting any 
     slots held by other United States air carriers at such 
     airport on such date of enactment,
     the Secretary of Transportation shall immediately revoke all 
     slots and exemptions to the slot rule held by British air 
     carriers at O'Hare International Airport and John F. Kennedy 
     International Airport and, after the date of such revocation, 
     shall not grant any slot or exemption to the slot rule to a 
     British air carrier at either of such airports until such an 
     agreement is signed.
       (b) Definitions.--In this section, the following 
     definitions apply:
       (1) British air carrier.--The term ``British air carrier'' 
     means a citizen of Great Britain undertaking by any means, 
     directly or indirectly, to provide foreign air transportation 
     (as defined in section 40102(a) of title 49, United States 
     Code).
       (2) Slot rule.--The term ``slot rule'' means the 
     requirements contained in subparts K and S of part 93 of 
     title 14, Code of Federal Regulations.
       (3) United states air carrier.--The term ``United States 
     air carrier'' has the meaning given to the term ``air 
     carrier'' by section 40102(a) of title 49, United States 
     Code.

     SEC. 2. OPEN SKIES AGREEMENT.

       If the Governments of the United Kingdom and the United 
     States have not signed an open skies agreement, as defined in 
     Department of Transportation Order 92-8-13, by December 31, 
     2000, the Secretary of State shall immediately file a notice 
     to terminate the Agreement Between the United States of 
     America and the Government of the United Kingdom of Great 
     Britain and Northern Ireland Concerning Air Services, in 
     accordance with the provisions of the Agreement.
                                 ______