[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1407 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 1407
To amend title 49, United States Code, to permit air carriers to meet
and discuss their schedules in order to reduce flight delays, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 4, 2001
Mr. Young of Alaska (for himself, Mr. Oberstar, Mr. Mica, Mr. Lipinski,
Mr. Hutchinson, Mr. DeFazio, Mr. Horn, Ms. Millender-McDonald, Mr.
Quinn, Ms. Norton, Mr. Ehlers, Mr. Bachus, Mr. Baker, Mr. Cooksey, Mr.
LoBiondo, Mr. Isakson, Mr. Hayes, Mr. Johnson of Illinois, Mr. Kennedy
of Minnesota, and Mr. Kirk) introduced the following bill; which was
referred to the Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to permit air carriers to meet
and discuss their schedules in order to reduce flight delays, 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. SCHEDULING COMMITTEES, DISCUSSIONS, AND AGREEMENTS.
(a) In General.--Chapter 401 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 40129. Air carrier discussions of and agreements relating to
flight scheduling
``(a) Discussions To Reduce Delays.--
``(1) Request.--An air carrier may file with the Secretary
of Transportation a request for authority to discuss with one
or more other air carriers or foreign air carriers agreements
or cooperative arrangements relating to limiting flights at an
airport during a time period that the Secretary determines that
scheduled air transportation exceeds the capacity of the
airport. The purpose of the discussion shall be to reduce
delays at the airport during such time period.
``(2) Approval.--The Secretary shall approve a request
filed under this subsection if the Secretary finds that the
discussions requested will facilitate voluntary adjustments in
air carrier schedules that could lead to a substantial
reduction in travel delays and improvement of air
transportation service to the public. The Secretary may impose
such terms and conditions to an approval under this subsection
as the Secretary determines are necessary to protect the public
interest and to carry out the objectives of this subsection.
``(3) Notice.--Before a discussion may be held under this
subsection, the Secretary shall provide at least 3 days notice
of the proposed discussion to all air carriers and foreign air
carriers that are providing service to the airport that will be
the subject of such discussion.
``(4) Monitoring.--The Secretary or a representative of the
Secretary shall attend and monitor any discussion or other
effort to enter into an agreement or cooperative arrangement
under this subsection.
``(5) Discussions open to public.--A discussion held under
this subsection shall be open to the public.
``(b) Agreements.--
``(1) Request.--An air carrier may file with the Secretary
a request for approval of an agreement or cooperative
arrangement relating to interstate air transportation, and any
modification of such an agreement or arrangement, reached as a
result of a discussion held under subsection (a).
``(2) Approval.--The Secretary shall approve an agreement,
arrangement, or modification for which a request is filed under
this subsection if the Secretary finds that the agreement,
arrangement, or modification is not adverse to the public
interest and is necessary to reduce air travel delays and that
a substantial reduction in such delays cannot be achieved by
any other immediately available means.
``(c) Limitations.--
``(1) Rates, fares, charges, and in-flight services.--The
participants in a discussion approved under subsection (a) may
not discuss or enter into an agreement or cooperative
arrangement regarding rates, fares, charges, or in-flight
services.
``(2) City pairs.--The participants in a discussion
approved under subsection (a) may not discuss particular city
pairs or submit to another air carrier or foreign air carrier
information concerning their proposed service or schedules in a
fashion that indicates the city pairs involved.
``(d) Termination.--This section shall cease to be in effect after
September 30, 2003; except that an agreement, cooperative arrangement,
or modification approved by the Secretary in accordance with this
section may continue in effect after such date at the discretion of the
Secretary.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``40129. Air carrier discussions and agreements relating to flight
scheduling.''.
SEC. 2. LIMITED EXEMPTION FROM ANTITRUST LAWS.
Section 41308 of title 49, United States Code, is amended--
(1) in subsection (b) by striking ``41309'' and inserting
``40129, 41309,''; and
(2) in subsection (c)--
(A) by inserting ``40129 or'' before ``41309'' the
first place it appears; and
(B) by striking ``41309(b)(1),'' and inserting
``40129(b) or ``41309(b)(1), as the case may be,''.
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