[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1407 Reported in House (RH)]






                                                  Union Calendar No. 66
107th CONGRESS
  1st Session
                                H. R. 1407

                  [Report No. 107-77, Parts I and II]

 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

                              May 23, 2001

    Reported with an amendment and referred to the Committee on the 
     Judiciary for a period ending not later than July 9, 2001 for 
  consideration of such provisions of the bill and amendment as fall 
within the jurisdiction of that committee pursuant to clause 1(k), rule 
                                   X
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             June 28, 2001

  Additional sponsors: Mr. Bereuter, Mr. Sweeney, Mr. Costello, Mrs. 
  Kelly, Mr. Blumenauer, Ms. Eddie Bernice Johnson of Texas, and Mr. 
                           Meeks of New York

                             June 28, 2001

Reported from the Committee on the Judiciary with amendments, committed 
  to the Committee of the Whole House on the State of the Union, and 
                         ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                           in boldface roman]
 [For text of introduced bill, see copy of bill as introduced on April 
                                4, 2001]

_______________________________________________________________________

                                 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 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.
            ``(3) Secretarial imposed terms and conditions.--The 
        Secretary may impose such terms and conditions on an agreement, 
        arrangement, or modification for which a request is filed under 
        this subsection as the Secretary determines are necessary to 
        protect the public interest and air service to an airport that 
        has less than .25 percent of the total annual boardings in the 
        United States.
    ``(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,''.

SECTION 1. AIR CARRIER DISCUSSIONS RELATING TO FLIGHT SCHEDULING TO 
              REDUCE DELAYS.

    (a) Request.--An air carrier may file with the Attorney General 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 Attorney 
General 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.
    (b) Approval.--Notwithstanding the antitrust laws, the Attorney 
General shall approve a request filed under this section if the 
Attorney General 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 and will not substantially lessen 
competition or tend to create a monopoly. The Attorney General may 
impose such terms and conditions to an approval under this section as 
the Attorney General determines are necessary to protect the public 
interest and to carry out the objectives of this section.
    (c) Notice.--Before a discussion may be held under this section, 
the Attorney General shall provide at least 3 days notice of the 
proposed discussion to all air carriers and foreign air carriers that 
are providing service or seeking to provide service to the airport that 
will be the subject of such discussion.
    (d) Monitoring.--The Attorney General or a representative of the 
Attorney General shall attend and monitor any discussion or other 
effort to enter into an agreement or cooperative arrangement under this 
section.
    (e) Discussions Open to Public.--A discussion held under this 
section shall be open to the public.

SEC. 2. AIR CARRIER AGREEMENTS RELATING TO FLIGHT SCHEDULING.

    (a) Request.--An air carrier may file with the Attorney General 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 section 1.
    (b) Approval.--Notwithstanding the antitrust laws, and subject to 
subsection (c), the Attorney General shall approve an agreement, 
arrangement, or modification for which a request is filed under this 
section if the Attorney General finds that the agreement, arrangement, 
or modification is not adverse to the public interest, is necessary to 
reduce air travel delays, and will not substantially lessen competition 
or tend to create a monopoly and that a substantial reduction in such 
delays cannot be achieved by any other immediately available means.
    (c) Unanimous Agreement Among Carriers Required.--The Attorney 
General may approve an agreement, arrangement, or modification for 
which a request is filed under this section only if the Attorney 
General finds that each air carrier and foreign air carrier providing 
service or seeking to provide service to the airport that is the 
subject of the agreement, arrangement, or modification has agreed to 
the agreement, arrangement, or modification.
    (d) Terms and Conditions.--The Attorney General may impose such 
terms and conditions on an agreement, arrangement, or modification for 
which a request is filed under this section as the Attorney General 
determines are necessary to protect the public interest and air service 
to an airport that has less than .25 percent of the total annual 
boardings in the United States.

SEC. 3. LIMITATIONS.

    (a) Rates, Fares, Charges, and In-Flight Services.--The 
participants in a discussion approved under section 1 may not discuss 
or enter into an agreement or cooperative arrangement regarding rates, 
fares, charges, or in-flight services.
    (b) City Pairs.--The participants in a discussion approved under 
section 1 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.

SEC. 4. CONSULTATION WITH SECRETARY OF TRANSPORTATION.

    In making a determination whether to approve a request under 
section 1, or an agreement, arrangement, or modification under section 
2, the Attorney General shall consider any comments of the Secretary of 
Transportation.

SEC. 5. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Air carrier, airport, air transportation, foreign air 
        carrier, and interstate air transportation.--The terms ``air 
        carrier'', ``airport'', ``air transportation'', ``foreign air 
        carrier'', and ``interstate air transportation'' have the 
        meanings such terms have under section 40102 of title 49, 
        United States Code.
            (2) Antitrust laws.--The term ``antitrust laws'' has the 
        meaning such term has under section 41308(a) of title 49, 
        United States Code.

SEC. 6. TERMINATION.

    (a) Approval of Agreements.--The Attorney General may not approve 
an agreement, arrangement, or modification under section 2 after 
October 26, 2003.
    (b) Expiration of Agreements.--An agreement, arrangement, or 
modification approved by the Attorney General under section 2 may 
continue in effect until October 26, 2004, or an earlier date 
determined by the Attorney General.
          Amend the title so as to read: ``A bill to permit air 
        carriers to meet and discuss their schedules in order to reduce 
        flight delays, and for other purposes.''.




                                                  Union Calendar No. 66

107th CONGRESS

  1st Session

                               H. R. 1407

                  [Report No. 107-77, Parts I and II]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             June 28, 2001

Reported from the Committee on the Judiciary with amendments, committed 
  to the Committee of the Whole House on the State of the Union, and 
                         ordered to be printed