I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SCHEDULING COMMITTEES, DISCUSSIONS, AND

4 AGREEMENTS.

5 (a) IN GENERAL.—Chapter 401 of title 49, United

6 States Code, is amended by adding at the end the fol7 lowing:
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1 ‘‘§ 40129. Air carrier discussions of and agreements

2 relating to flight scheduling

3 ‘‘(a) DISCUSSIONS TO REDUCE DELAYS.—

4 ‘‘(1) REQUEST.—An air carrier may file with

5 the Secretary of Transportation a request for au6 thority to discuss with one or more other air carriers

7 or foreign air carriers agreements or cooperative ar8 rangements relating to limiting flights at an airport

9 during a time period that the Secretary determines

10 that scheduled air transportation exceeds the capac11 ity of the airport. The purpose of the discussion

12 shall be to reduce delays at the airport during such

13 time period.

14 ‘‘(2) APPROVAL.—The Secretary shall approve

15 a request filed under this subsection if the Secretary

16 finds that the discussions requested will facilitate

17 voluntary adjustments in air carrier schedules that

18 could lead to a substantial reduction in travel delays

19 and improvement of air transportation service to the

20 public. The Secretary may impose such terms and

21 conditions to an approval under this subsection as

22 the Secretary determines are necessary to protect

23 the public interest and to carry out the objectives of

24 this subsection.

25 ‘‘(3) NOTICE.—Before a discussion may be held

26 under this subsection, the Secretary shall provide at
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1 least 3 days notice of the proposed discussion to all

2 air carriers and foreign air carriers that are pro3 viding service to the airport that will be the subject

4 of such discussion.

5 ‘‘(4) MONITORING.—The Secretary or a rep6 resentative of the Secretary shall attend and monitor

7 any discussion or other effort to enter into an agree8 ment or cooperative arrangement under this sub9 section.

10 ‘‘(5) DISCUSSIONS OPEN TO PUBLIC.—A discus11 sion held under this subsection shall be open to the

12 public.

13 ‘‘(b) AGREEMENTS.—

14 ‘‘(1) REQUEST.—An air carrier may file with

15 the Secretary a request for approval of an agree16 ment or cooperative arrangement relating to inter17 state air transportation, and any modification of

18 such an agreement or arrangement, reached as a re19 sult of a discussion held under subsection (a).

20 ‘‘(2) APPROVAL.—The Secretary shall approve

21 an agreement, arrangement, or modification for

22 which a request is filed under this subsection if the

23 Secretary finds that the agreement, arrangement, or

24 modification is not adverse to the public interest and

25 is necessary to reduce air travel delays and that a
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1 substantial reduction in such delays cannot be

2 achieved by any other immediately available means.

3 ‘‘(c) LIMITATIONS.—

4 ‘‘(1) RATES, FARES, CHARGES, AND IN-FLIGHT

5 SERVICES.—The participants in a discussion ap6 proved under subsection (a) may not discuss or

7 enter into an agreement or cooperative arrangement

8 regarding rates, fares, charges, or in-flight services.

9 ‘‘(2) CITY PAIRS.—The participants in a discus10 sion approved under subsection (a) may not discuss

11 particular city pairs or submit to another air carrier

12 or foreign air carrier information concerning their

13 proposed service or schedules in a fashion that indi14 cates the city pairs involved.

15 ‘‘(d) TERMINATION.—This section shall cease to be

16 in effect after September 30, 2003; except that an agree17 ment, cooperative arrangement, or modification approved

18 by the Secretary in accordance with this section may con19 tinue in effect after such date at the discretion of the Sec20 retary.’’.

21 (b) CONFORMING AMENDMENT.—The analysis for

22 such chapter is amended by adding at the end the fol23 lowing:

‘‘40129. Air carrier discussions and agreements relating to flight scheduling.’’.
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1 SEC. 2. LIMITED EXEMPTION FROM ANTITRUST LAWS.

2 Section 41308 of title 49, United States Code, is

3 amended—

4 (1) in subsection (b) by striking ‘‘41309’’ and

5 inserting ‘‘40129, 41309,’’; and

6 (2) in subsection (c)—

7 (A) by inserting ‘‘40129 or’’ before

8 ‘‘41309’’ the first place it appears; and

9 (B) by striking ‘‘41309(b)(1),’’ and insert10 ing ‘‘40129(b) or ‘‘41309(b)(1), as the case

11 may be,’’.

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