[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