[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 633 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 633

To provide for the review and management of airport congestion, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 27, 2001

    Mrs. Hutchison (for herself and Mr. Rockefeller) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To provide for the review and management of airport congestion, 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. SHORT TITLE.

    This Act may be cited as the ``Aviation Delay Prevention Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Air carrier.--The term ``air carrier'' has the meaning 
        given that term in section 40102(a)(2) of title 49, United 
        States Code.
            (2) Enplanement.--The term ``enplanement'' means the annual 
        number of passenger enplanements, as determined by the 
        Secretary of Transportation, based on the most recent data 
        available.
            (3) Large hub airport.--The term ``large hub airport'' has 
        the meaning given that term in section 47134(d)(2) of title 49, 
        United States Code.
            (4) On-time departure.--The term ``on-time departure'' 
        means with respect to a scheduled passenger flight that the 
        flight is airborne within 20 minutes of the time it is 
        scheduled to depart.
            (5) Overscheduling.--The term ``overscheduling'' means the 
        practice by an air carrier or air carriers of scheduling the 
        time for the departure of flights at an airport in excess of 
        the number of flights that the airport can accommodate for 
        departure at that time.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

SEC. 3. FAA STUDY AND REPORT.

    (a) In General.--Not later than the date that is 1 year after the 
date of enactment of this Act, and each year thereafter for 5 years, 
the Secretary shall complete a review and report to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives 
regarding air carrier overscheduling at large hub airports.
    (b) Scope of Review and Report.--The review and report described in 
subsection (a) shall include the following:
            (1) The hourly departure and arrival capacity at each large 
        hub airport, including variation of capacity based on air 
        traffic control and other factors.
            (2) The hours when departures and arrivals at each large 
        hub airport are overscheduled and the airport operates above 
        capacity.
            (3) An analysis of the congestion mitigation authority of 
        the Secretary and recommendations for providing the Secretary 
        with additional authority to alleviate airport congestion and 
        overscheduling and to expedite construction related to the 
        expansion of airport capacity.

SEC. 4. LIMITED EXEMPTION FROM ANTITRUST LAWS.

    (a) In General.--Subchapter I of chapter 417 of title 49, United 
States Code, is amended by adding at the end the following new section:
``Sec. 41722. Limited exemption from the antitrust laws
    ``(a) Definition.--In this section, the term `antitrust laws' has 
the meaning given that term in the first section of the Clayton Act (15 
U.S.C. 12).
    ``(b) Cooperative Scheduling Agreements.--
            ``(1) Authority.--An air carrier may file with the 
        Secretary of Transportation a request for authority for a group 
        of 2 or more air carriers to discuss cooperative scheduling 
        arrangements, if the sole purpose of the discussions is to 
        reach an agreement between the air carriers to reduce 
        overscheduling and flight delays during hours of peak operation 
        and during periods of inclement weather at any large hub 
        airport. The Secretary shall grant or deny the request within 
        30 days after it is received.
            ``(2) Agreement.--An air carrier shall file with the 
        Secretary of Transportation, for the approval by the Secretary, 
        a true copy of an agreement reached under paragraph (1).
    ``(c) Approval by the Secretary.--
            ``(1) In general.--Within 60 days after receiving a copy of 
        an agreement under subsection (b), the Secretary of 
        Transportation shall approve the agreement and issue an order 
        containing that approval, if the Secretary finds that the 
        agreement--
                    ``(A) will reduce congestion at the affected 
                airport;
                    ``(B) will not reduce service to small communities; 
                and
                    ``(C) is not adverse to the public interest.
            ``(2) Grounds for disapproval.--
                    ``(A) The Secretary shall disapprove or revoke 
                approval of an agreement filed under subsection (b), if 
                after review, the Secretary finds that any discussion 
                or agreement entered into as a result of that filing 
                substantially reduces or eliminates competition.
                    ``(B) Notwithstanding subparagraph (A), the 
                Secretary may approve a request or an agreement filed 
                under subsection (b) if the Secretary finds that--
                            ``(i) the request or agreement is necessary 
                        to meet a serious transportation need or to 
                        achieve important public benefits; and
                            ``(ii) the transportation need cannot be 
                        met or the benefits cannot be achieved by 
                        reasonably available alternatives that are 
                        materially less anticompetitive.
            ``(3) Notice and opportunity to respond; hearings.--
                    ``(A) Notice and opportunity to respond.--When a 
                request or an agreement is filed with the Secretary 
                under subsection (b), the Secretary shall give the 
                Attorney General written notice of, and an opportunity 
                to submit written comments about, the filing.
                    ``(B) Hearing.--On the initiative of the Secretary, 
                or at the request of the Attorney General, the 
                Secretary may conduct a hearing to decide if a request 
                or agreement filed under subsection (b) should receive 
                or retain approval.
    ``(d) Exemption Authorized.--When the Secretary finds that it is 
required by the public interest, the Secretary, as part of an order 
issued under subsection (c)(1), shall exempt a person affected by the 
order from the antitrust laws to the extent necessary to allow the 
person to proceed with the activities approved in the order.
    ``(e) DOT Participation.--The Secretary shall ensure that the 
Department is represented at any such meetings authorized under this 
section.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 417, of 
title 49, United States Code, is amended by inserting after the item 
relating to section 41721 the following new item:

``41722. Limited exemption from the antitrust laws.''.

SEC. 5. EXPEDITED COORDINATED ENVIRONMENTAL REVIEW PROCESS.

    The Secretary of Transportation shall develop and implement an 
expedited coordinated environmental review process for airport 
capacity-enhancement projects that--
            (1) provides for coordination among the Federal, regional, 
        State, and local agencies concerned with the preparation of 
        environmental impact statements or environmental assessments 
        under the National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.);
            (2) provides for an expedited and coordinated process in 
        the conduct of environmental and judicial reviews that ensures 
        that the reviews are done concurrently and not consecutively; 
        and
            (3) provides for a date certain for completing all 
        environmental reviews.

SEC. 6. CHIEF OPERATING OFFICER.

    Section 106(r)(2) of title 49, United States Code, is amended to 
read as follows:
            ``(2) Compensation.--The Chief Operating Officer shall be 
        paid at an annual rate of basic pay determined by the Secretary 
        of Transportation before the appointment and without regard to 
        any other provision of law. The Chief Operating Officer shall 
        be subject to the post-employment provisions of section 207 of 
        title 18 as if the position of Chief Operating Officer were 
        described in section 207(c)(2)(A)(i) of that title.''.
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