[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 Representa-
tives 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:
‘‘§ 40129. Air carrier discussions and agreements re-
lating to flight scheduling
‘‘(a) DISCUSSIONS TO REDUCE DELAYS.—
‘‘(1) REQUEST.—An air carrier may file with
the Secretary of Transportation a request for author-
ity to discuss with one or more other air carriers or
foreign air carriers agreements or cooperative ar-
rangements 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 pe-
riod.
‘‘(2) APPROVAL.—The Secretary shall approve a
request filed under this subsection if the Secretary
finds that the discussions requested will facilitate vol-
untary 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 pub-
lic interest and to carry out the objectives of this sub-
section.
‘‘(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 pro-
viding service to the airport that will be the subject
of such discussion.
‘‘(4) MONITORING.—The Secretary or a rep-
resentative of the Secretary shall attend and monitor
any discussion or other effort to enter into an agree-
ment or cooperative arrangement under this sub-
section.
‘‘(5) DISCUSSIONS OPEN TO PUBLIC.—A discus-
sion 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 CONDI-
TIONS.—The Secretary may impose such terms and
conditions on an agreement, arrangement, or modi-
fication for which a request is filed under this sub-
section as the Secretary determines are necessary to
protect the public interest and air service to an air-
port 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 ap-
proved under subsection (a) may not discuss or enter
into an agreement or cooperative arrangement regard-
ing rates, fares, charges, or in-flight services.
‘‘(2) CITY PAIRS.—The participants in a discus-
sion 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 indi-
cates 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 in-
serting ‘‘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 insert-
ing ‘‘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 coopera-
tive arrangements relating to limiting flights
at an airport during a time period that the At-
torney General determines that scheduled air
transportation exceeds the capacity of the air-
port. The purpose of the discussion shall be
to reduce delays at the airport during such
time period.
(b) APPROVAL.—Notwithstanding the anti-
trust laws, the Attorney General shall ap-
prove a request filed under this section if the
Attorney General finds that the discussions
requested will facilitate voluntary adjust-
ments 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 nec-
essary 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 pro-
posed discussion to all air carriers and for-
eign 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 coopera-
tive arrangement under this section.
(c) UNANIMOUS AGREEMENT AMONG CAR-
RIERS REQUIRED.—The Attorney General may
approve an agreement, arrangement, or modi-
fication for which a request is filed under this
section only if the Attorney General finds that
each air carrier and foreign air carrier pro-
viding service or seeking to provide service to
the airport that is the subject of the agree-
ment, 
arrangement, 
or 
modification 
has
agreed to the agreement, arrangement, or
modification.
(d) TERMS AND CONDITIONS.—The Attorney
General may impose such terms and condi-
tions on an agreement, arrangement, or modi-
fication 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 ar-
rangement regarding rates, fares, charges, or
in-flight services.
(b) CITY PAIRS.—The participants in a dis-
cussion approved under section 1 may not dis-
cuss particular city pairs or submit to another
air carrier or foreign air carrier information
concerning their proposed service or sched-
ules in a fashion that indicates the city pairs
involved.
SEC. 4. CONSULTATION WITH SECRETARY OF TRANSPOR-
TATION.
In making a determination whether to ap-
prove a request under section 1, or an agree-
ment, arrangement, or modification under
section 2, the Attorney General shall consider
any comments of the Secretary of Transpor-
tation.
SEC. 5. DEFINITIONS.
In this Act, the following definitions
apply:
(1) AIR CARRIER, AIRPORT, AIR TRANS-
PORTATION, 
FOREIGN
AIR
CARRIER, 
AND
INTERSTATE
AIR
TRANSPORTATION.—The
terms ‘‘air carrier’’, ‘‘airport’’, ‘‘air trans-
portation’’, ‘‘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 ‘‘anti-
trust 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 Attor-
ney General may not approve an agreement,
arrangement, or modification under section 2
after October 26, 2003.
(b) EXPIRATION OF AGREEMENTS.—An agree-
ment, 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 Gen-
eral.
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