To amend title 49, United States Code, relating to foreign air transportation.

Amends Federal law to prohibit a foreign air carrier from being granted a permit by the Secretary of Transportation authorizing it to transport passengers for compensation between the United States and a foreign country on any flight that does not stop in the country under the laws of which the carrier is organized. Allows the issue of such a permit for any flight that does not stop in such country if the right to perform such air transportation has been specifically granted by an applicable international agreement for both scheduled and charter service.

Permits the Secretary of Transportation to exempt a foreign carrier from such prohibition only if no U.S. air carrier is willing and able to provide the equivalent air transportation at a commercially feasible price.

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5720 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5720

    To amend title 49, United States Code, relating to foreign air 
                            transportation.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 13, 2002

   Mr. Lipinski (for himself, Mr. Moran of Kansas, and Mr. Sullivan) 
 introduced the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
    To amend title 49, United States Code, relating to foreign air 
                            transportation.

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

SECTION 1. LIMITATION ON FOREIGN AIR TRANSPORTATION PERMITS.

    Section 41301 of title 49, United States Code, is amended--
            (1) by inserting ``(a) In General.--'' before ``A 
        foreign''; and
            (2) by adding at the end the following:
    ``(b) Limitation on Foreign Air Transportation Permits.--No permit 
shall be issued under this chapter to authorize a foreign air carrier 
to perform air transportation of passengers for compensation between 
the United States and a foreign country on any flight that does not 
stop in the country under the laws of which the foreign air carrier is 
organized, unless the right to perform such air transportation has been 
specifically granted by an applicable international agreement for both 
scheduled and charter service.''.

SEC. 2. LIMITATION ON EXEMPTION OF FOREIGN AIR CARRIERS.

    Section 40109 of title 49, United States Code, is amended--
            (1) by redesignating subsection (h) as subsection (i); and
            (2) by inserting after subsection (g) the following:
    ``(h) Limitation on Exemption of Foreign Air Carriers.--The 
Secretary may not exempt a foreign air carrier from section 41301(b), 
except upon a showing that no United States air carrier is willing and 
able to provide the equivalent air transportation at a commercially 
feasible price.''.
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