[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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