Summary: H.R.5466 — 102nd Congress (1991-1992)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Passed House amended (08/12/1992)

Airline Competition Enhancement Act of 1992 - Amends the Federal Aviation Act of 1958 (the Act) to prohibit a vendor, in the operation of its air carrier computer reservations system, from discriminating against participants in such system in specified ways, including: (1) making available to subscribers an integrated display which orders information on air carrier identity; (2) supplying information to a person creating or attempting to create such an integrated display; (3) making available, after September 30, 1994, to a subscriber or participant any subscriber or participant transaction capability which is more functional, timely, complete, accurate, reliable, secure, or efficient with respect to one subscriber, or participant, than to another; (4) charging a participant fee for, or require compliance with terms or conditions relating to, the provision of any computer reservation system feature, function, or service unless they are reasonable; or (5) prohibiting a subscriber from obtaining or using another computer reservation system.

Prohibits a vendor or air carrier from requiring, or providing incentives to induce, a subscriber to use information from a computer reservation system to create an integrated display which orders information on air carrier identity.

Prohibits a vendor, except on grounds of demonstrated technological incompatibility, from prohibiting or unreasonably restricting the: (1) interconnection to its computer reservation system equipment of computer hardware or software supplied by a person other than such vendor; or (2) use by a subscriber, to access any other computer reservation system or data base, or hardware and communications lines supplied by another vendor. Sets forth other specified prohibitions.

Prohibits a vendor from: (1) requiring, as a condition for providing a subscriber additional computer reservation system components (including software and enhancements), that the term of the subscriber's contract be extended; (2) requiring use of its computer reservation system by such subscriber in any sale by the subscriber of the vendor's air transportation services; (3) requiring use of its computer reservation system as a condition of compensation for the sale of air transportation services by the subscriber; and (4) charging prices to subscribers conditioned on the identity of air carriers whose air transportation services are sold by such subscribers.

Prohibits the enforcement of subscriber contract provisions for a contract term of more than three years. Sets forth other specified contract provisions which are not enforceable.

Prohibits a subscriber from using computer software or hardware to modify information in a computer reservation system so as to produce: (1) integrated displays of such information based on air carrier identity, unless specified conditions are met; or (2) displays of such information based on subscriber or participant transaction capability.

Requires vendors to submit quarterly reports to the Secretary of Transportation (Secretary) describing the manner in which they propose to comply with this Act. Requires the Secretary to transmit to specified congressional committees a compliance progress report based on the vendors' reports.

Requires the Secretary to report annually to specified congressional committees on the participant fees charged by vendors during the preceding calendar year, including whether such fees represent an increase or decrease over the fees charged previously, and whether they are reasonable.

Sets forth specified administrative provisions with respect to violations of this Act.

Directs the Secretary not to give consideration to the availability of landing slots at high density airports in: (1) determining the provision of basic essential air service to small communities; and (2) selecting an air carrier to provide such service. Requires the Secretary to ensure that a sufficient number of such slots are available to the air carrier providing such service at such airports.

Provides for the transfer of slots at such airports.

Declares that nothing in such Act shall require the Administrator of the Federal Aviation Administration to issue regulations requiring that air carrier and airport security personnel employment investigations include criminal history record checks if the Administrator determines that such record checks are not necessary to ensure air transportation security.

Requires the Secretary to initiate a rulemaking proceeding to consider whether there should be a reduction in the annualized rate of random testing for prohibited drugs for personnel engaged in aviation activities.

Declares that nothing under the Act authorizes the Secretary to grant a public agency authority to impose a fee for a passenger enplaning at an airport if the passenger did not pay for the air transportation, including in cases in which the passenger obtained the airline ticket with a frequent flier award coupon without monetary payment.

Requires the Secretary to amend a specified section of the Code of Federal Regulations to require commuter air carriers to comply with the provisions governing on-time performance in such regulations. Directs the Secretary to publish a monthly report containing the percentage of flights of each commuter air carrier which were canceled during such calendar month.

Requires the Secretary, in selecting an air carrier to provide foreign air transportation, to consider, among other specified factors, the strengthening of competition among air carriers operating in the United States in order to prevent undue concentration in the air carrier industry.