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-MCDON-
ALD, 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.
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 fol-
lowing:
‘‘§ 40129. Air carrier discussions of 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 au-
thority 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 capac-
ity 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 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 agree-
ment or cooperative arrangement relating to inter-
state air transportation, and any modification of
such an agreement or arrangement, reached as a re-
sult 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.
‘‘(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
regarding 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 agree-
ment, cooperative arrangement, or modification approved
by the Secretary in accordance with this section may con-
tinue in effect after such date at the discretion of the Sec-
retary.’’.
(b) CONFORMING AMENDMENT.—The analysis for
such chapter is amended by adding at the end the fol-
lowing:
‘‘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 insert-
ing ‘‘40129(b) or ‘‘41309(b)(1), as the case
may be,’’.
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