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.

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.''.




                                                  

Summary: Amends Federal aviation law to authorize an air carrier to file with the Attorney General a request for: (1) authority to discuss with one or more other air carriers or foreign air carriers agreements or cooperative arrangements limiting flights at an airport during a time period when scheduled air transportation exceeds airport capacity. And (2) approval of such agreements or cooperative arrangements with respect to such limits on interstate air transportation. Directs the Attorney General, notwithstanding US antitrust laws, to approve such requests if: (1) such discussions and resulting agreements are not adverse to the public interest. (2) they 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. (3) they will not substantially lessen competition or tend to create a monopoly. And (4) reduction in delays cannot be achieved by any other immediately available means. Authorizes the Attorney General to: (1) approve such agreements and cooperative arrangements only if each air carrier or foreign air carrier providing service or seeking to provide service to an airport under such an agreement or cooperative arrangement has agreed to it. And (2) impose any terms or conditions on any approved agreement that are needed to protect the public interest and to protect air service to an airport that has less than .25 percent of the total annual boardings in the United States . Prohibits participants in approved discussions from: (1) discussing or entering into agreements regarding rates, fares, charges, or in-flight services. Or (2) discussing particular city pairs, or submitting to other air carriers or foreign air carriers information on their proposed service or schedules in a fashion that indicates the involvement of city pairs.