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legislative updates - 107th
congress
ASTA 2001 Legislative
Initiatives ASTA's legislative
goal is to seek pro-travel agent legislation and rulings, and be
recognized as the consumer's leading advocate on Capitol Hill and within
the Federal agencies. The following ASTA legislative priorities will be
pursued throughout the 107th Congress (2001 –
2002):
Legislative Initiatives
- Reintroduce a revised version of ASTA's
flagship legislation on Air Travelers’ (and Travel Agents’) Bill of
Rights in the House and Senate.
- Reintroduce ASTA’s legislative language on
Airline Preemption in both Houses.
- Pursue new legislation to remedy
anticompetitive consequences of airline mergers, alliances and joint
ventures.
ASTA’s legislative activities such as bill
numbers, testimony and rulings to be reported on as they transpire during
this session of Congress.
2000 Legislative
Accomplishments
(Updated: January 2001) The second session of
the 106th U.S. Congress was fast paced, demanding and rewarding
for ASTA’s legislative initiatives. Government Affairs focused on ASTA’s
advocacy role for travel agent issues and travelers’ rights on Capitol
Hill and within the Federal agencies. The following information outlines
ASTA’s legislative involvement and accomplishments achieved in 2000:
- President Clinton signed the Department of Transportation
Appropriations bill (H.R. 4475) on October 23, 2000 which
earmarked $1 Million to fund The National Commission To Ensure Consumer
Information and Choice in the Airline Industry. ASTA’s legislation, the
Improved Consumer Access to Travel Information (ICATTI),
establishing the commission was included in H.R. 1000, the Wendell H.
Ford Aviation Investment and Reform Act for the 21st Century
(AIR 21) which was enacted into law on April 5, 2000. The
Commission will study the role of travel agents in the distribution of
air travel and whether the airlines are creating barriers to block
consumer access to information and choice. This action resulted from the
combined efforts of ASTA, the Coalition for Travel Industry Parity
(CTIP) and the National Tour Association (NTA).
- Secretary of Transportation, Rodney E. Slater, appointed Paul Ruden,
ASTA’s senior vice president of legal and industry affairs, to the U.S.
Department of Transportation’s Air Carrier On-Time Reporting Advisory
Committee on October 20, 2000.
- ASTA responds on September 7, 2000 to Department of
Transportation’s invitation to submit "best practices" that could
contribute to reducing or avoiding consumer dissatisfaction with air
transportation services. Among suggestions submitted were the elements
contained in ASTA’s Air Travelers Bill of Rights as action items the
airlines could implement immediately.
- On August 24, 2000, ASTA was among the travel industry
representatives who met with the Transportation Secretary, Rodney
Slater, and Federal Aviation Administrator, Jane Garvey, to discuss
possible measures to alleviate delays and cancellations and to address
the impact of the delay problem on consumers. ASTA was one of three
organizations designated by the Secretary to open the dialogue by
discussing the issues from the standpoint of the consumer.
- ASTA testified before the full Senate Commerce Committee on July
20, 2000 regarding travel distribution and Internet sales of airline
tickets, including Orbitz, the proposed airline joint Web-site. ASTA
argued that this site could monopolize retail travel services on the
Internet and, ultimately, in all markets.
- Senator Reid (D-NV) introduced S. 2891, the Air Travelers Fair
Treatment Act of 2000 on July 19, 2000, which is the
companion bill to H.R. 2200, the Omnibus Airline Passenger Fair
Treatment Act. Ongoing grassroots efforts continue to seek
additional co-sponsors for ASTA’s flagship legislation. H.R. 2200 had 30
co-sponsors while S. 2891 had three. Provisions in the bills call for:
consumer access to all airline fares regardless of technology used to
purchase air transportation; airlines to provide consumers with accurate
and timely explanation for fight delays, cancellations or diversion from
ticketed itinerary; consumers may use any part of a purchased ticket;
access to state laws for consumers and agents to resolve commercial
disputes with the airlines; and prevents airlines from terminating a
ticket agent without written notice and good cause.
- On June 28, 2000, DOT Inspector General, Ken Mead, presented
to the Senate Commerce Committee an interim status report on the airline
industry’s (customer service) commitment plans and the on-going
investigation into consumer access to information on airline ticket
prices and airline practices of overbooking flights. Mr. Mead indicated
the airlines have not lived up to all the promises in their voluntary
programs. The IG’s investigation also includes the extent to which
barriers exist to consumer access to comparative price and service
information from independent sources on the purchase of air
transportation. A final report is due December 31, 2000. ASTA submitted
a statement on Airline Customer Services for the Senate Commerce
Committee hearing record held on June 28.
- Mr. Ed Perkins, ASTA’s Consumer Advocate, testified before the House
Transportation and Infrastructure Committee opposing the proposed United
Airlines and US Airways merger on June 15, 2000. Similar
statements were submitted to the House Judiciary Committee, Senate
Commerce Committee and the Senate Judiciary Subcommittee on Antitrust,
Business Rights and Competition where June hearings were also held on
the merger.
- The Senate Judiciary Subcommittee on Antitrust, Business Rights and
Competition held a hearing on Airline Competition, May 2, 2000.
ASTA submitted for the hearing record its February 16, 2000 complaint to
the Department of Justice on the proposed operation of a joint airline
web site.
- ASTA filed extensive comments with the Federal Trade Commission on
March 31, 2000 urging that the FTC’s regulations implementing the
Gramm Leach Bliley Act exclude most travel agency activities. That Act
requires businesses to disclose their policies regarding the use of
customer personal and financial information. Responsive to ASTA’s
filing, on May 17, 2000 the FTC exempted most travel agency
transactions, including travelers checks and travel insurance policies,
from disclosure requirements imposed by the G-B-L Act.
- The U.S. Department of Justice announced its probe into the joint
airline Web-site on May 17, 2000. ASTA filed its request
on February 16, 2000 with the DOJ, seeking an investigation and
enforcement action with respect to the stated plan of the major United
States and foreign airlines to create a joint Internet Web-site, known
as Orbitz.
- After decades of lobbying Congress and the U.S. Department of
Treasury, ASTA scored a victory when the Internal Revenue Service
released in February 2000 a final rule providing standards and
directions for taxing the commercial activities of nonprofit travel
operations. The rule includes examples to distinguish when a tour is for
education rather than vacation.
- AIR 21 also calls for an investigation by the Comptroller General on
back-to-back and hidden city ticketing. The GAO’s project team met with
ASTA regarding this investigation on July 13, 2000. A final
report is due in Congress early next year.
ASTA 2000 Agenda ASTA’s 2000 legislative agenda
pursued House and Senate hearings on travel agent issues; passage of S.
2891/H.R. 2200 (travelers’ bill of rights); and introduction of additional
legislation to end antitrust immunity for the airline industry. Remember:
Without a Travel Agent, You’re On Your Own.
For additional information, contact Barbara O’Hara, Vice President,
ASTA Government Affairs, or Burton Rubin, ASTA General Counsel at 1101
King Street, Suite 200, Alexandria, VA 22314; Phone: 703-739-2782; Fax:
703-549-7987; E-mail: barbo@astahq.com
burtr@astahq.com
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