H. R. 2739—15
for the air transportation with a frequent flier award coupon
without monetary payment.’’.
(2) LIMITATION ON STATUTORY CONSTRUCTION.—The amend-
ment made by paragraph (1) shall not be construed as requiring
any person to refund any fee paid before the date of the enact-
ment of this Act.
(b) USE OF REVENUES AND RELATIONSHIP BETWEEN FEES AND
REVENUES.—Section 40117(d) is amended—
(1) by striking ‘‘and’’ at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2)(C)
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(3) the application includes adequate justification for each
of the specific projects.’’.
SEC. 205. GAMBLING ON COMMERCIAL AIRCRAFT.
(a) IN GENERAL.—
(1) RESTRICTIONS.—Chapter 413 of subtitle VII is amended
by adding at the end the following:
‘‘§ 41311. Gambling restrictions
‘‘(a) IN GENERAL.—An air carrier or foreign air carrier may
not install, transport, or operate, or permit the use of, any gambling
device on board an aircraft in foreign air transportation.
‘‘(b) DEFINITION.—In this section, the term ‘gambling device’
means any machine or mechanical device (including gambling
applications on electronic interactive video systems installed on
board aircraft for passenger use)—
‘‘(1) which when operated may deliver, as the result of
the application of an element of chance, any money or property;
or
‘‘(2) by the operation of which a person may become entitled
to receive, as the result of the application of an element of
chance, any money or property.’’.
(2) CLERICAL AMENDMENT.—The analysis of such chapter
413 is amended by inserting at the end the following new
item:
‘‘41311. Gambling restrictions.’’.
(b) STUDY OF GAMBLING ON COMMERCIAL AIRCRAFT.—Not later
than 1 year after the date of the enactment of this Act, the Secretary
shall complete a study of—
(1) the aviation safety effects of gambling applications on
electronic interactive video systems installed on board aircraft
for passenger use, including an evaluation of the effect of such
systems on the navigational and other electronic equipment
of the aircraft, on the passengers and crew of the aircraft,
and on issues relating to the method of payment;
(2) the competitive implications of permitting foreign air
carriers only, but not United States air carriers, to install,
transport, and operate gambling applications on electronic
interactive video systems on board aircraft in the foreign com-
merce of the United States on flights over international waters,
or in fifth freedom city-pair markets; and
(3) whether gambling should be allowed on international
flights, including proposed legislation to effectuate any rec-
ommended changes in existing law.
H. R. 2739—16
The Secretary shall, within 5 days after the completion of the
study, submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Public
Works and Transportation of the House of Representatives on the
results of the study.
SEC. 206. SLOTS FOR AIR CARRIERS AT AIRPORTS.
(a) AVAILABILITY OF SLOTS.—
(1) IN GENERAL.—Subchapter I of chapter 417 of subtitle
VII is amended by adding at the end the following:
‘‘§ 41714. Availability of slots
‘‘(a) MAKING SLOTS AVAILABLE FOR ESSENTIAL AIR SERVICE.—
‘‘(1) OPERATIONAL AUTHORITY.—If basic essential air service
under subchapter II of this chapter is to be provided from
an eligible point to a high density airport (other than Washing-
ton National Airport), the Secretary of Transportation shall
ensure that the air carrier providing or selected to provide
such service has sufficient operational authority at the high
density airport to provide such service. The operational author-
ity shall allow flights at reasonable times taking into account
the needs of passengers with connecting flights.
‘‘(2) EXEMPTIONS.—If necessary to carry out the objectives
of paragraph (1), the Secretary shall by order grant exemptions
from the requirements of subparts K and S of part 93 of
title 14, Code of Federal Regulations (pertaining to slots at
high density airports), to air carriers using Stage 3 aircraft
or to commuter air carriers, unless such an exemption would
significantly increase operational delays.
‘‘(3) ASSURANCE OF ACCESS.—If the Secretary finds that
an exemption under paragraph (2) would significantly increase
operational delays, the Secretary shall take such action as
may be necessary to ensure that an air carrier providing or
selected to provide basic essential air service is able to obtain
access to a high density airport; except that the Secretary
shall not be required to make slots available at O’Hare Inter-
national Airport in Chicago, Illinois, if the number of slots
available for basic essential air service (including slots specifi-
cally designated as essential air service slots and slots used
for such purposes) to and from such airport is at least 132
slots.
‘‘(4) ACTION BY THE SECRETARY.—The Secretary shall issue
a final order under this subsection on or before the 60th day
after receiving a request from an air carrier for operational
authority under this subsection.
‘‘(b) SLOTS FOR FOREIGN AIR TRANSPORTATION.—
‘‘(1) EXEMPTIONS.—If the Secretary finds it to be in the
public interest at a high density airport (other than Washington
National Airport), the Secretary may grant by order exemptions
from the requirements of subparts K and S of part 93 of
title 14, Code of Federal Regulations (pertaining to slots at
high density airports), to enable air carriers and foreign air
carriers to provide foreign air transportation using Stage 3
aircraft.
‘‘(2) SLOT WITHDRAWALS.—The Secretary may not withdraw
a slot from an air carrier in order to allocate that slot to
a carrier to provide foreign air transportation if the withdrawal
H. R. 2739—17
of that slot would result in the withdrawal of slots from an
air carrier at O’Hare International Airport under section 93.223
of title 14, Code of Federal Regulations, in excess of the total
withdrawn from that air carrier as of October 31, 1993.
‘‘(3) EQUIVALENT RIGHTS OF ACCESS.—The Secretary shall
not take a slot at a high density airport from an air carrier
and award such slot to a foreign air carrier if the Secretary
determines that air carriers are not provided equivalent rights
of access to airports in the country of which such foreign air
carrier is a citizen.
‘‘(4) PERIOD
OF
EFFECTIVENESS.—This subsection and
exemptions issued under this subsection shall cease to be in
effect when the final rules issued under subsection (f) become
effective.
‘‘(c) SLOTS FOR NEW ENTRANTS.—
‘‘(1) IN GENERAL.—If the Secretary finds it to be in the
public interest and the circumstances to be exceptional, the
Secretary may by order grant exemptions from the require-
ments under subparts K and S of part 93 of title 14, Code
of Federal Regulations (pertaining to slots at high density air-
ports), to enable new entrant air carriers to provide air
transportation at high density airports (other than Washington
National Airport).
‘‘(2) PERIOD OF EFFECTIVENESS.—Exemptions issued under
this subsection shall cease to be in effect on or after the date
on which the final rules issued under subsection (f) become
effective.
‘‘(d) SPECIAL RULES FOR WASHINGTON NATIONAL AIRPORT.—
‘‘(1) IN GENERAL.—Notwithstanding sections 6005(c)(5) and
6009(e) of the Metropolitan Washington Airports Act of 1986,
or any provision of this section, the Secretary may, only under
circumstances determined by the Secretary to be exceptional,
grant by order to an air carrier currently holding or operating
a slot at Washington National Airport an exemption from
requirements under subparts K and S of part 93 of title 14,
Code of Federal Regulations (pertaining to slots at Washington
National Airport), to enable that carrier to provide air transpor-
tation with Stage 3 aircraft at Washington National Airport;
except that such exemption shall not—
‘‘(A) result in an increase in the total number of slots
per day at Washington National Airport;
‘‘(B) result in an increase in the total number of slots
at Washington National Airport from 7:00 ante meridiem
to 9:59 post meridiem;
‘‘(C) increase the number of operations at Washington
National Airport in any 1-hour period by more than 2
operations;
‘‘(D) result in the withdrawal or reduction of slots
operated by an air carrier;
‘‘(E) result in a net increase in noise impact on
surrounding communities resulting from changes in timing
of operations permitted under this subsection; and
‘‘(F) continue in effect on or after the date on which
the final rules issued under subsection (f) become effective.
‘‘(2) LIMITATION ON APPLICABILITY.—Nothing in this sub-
section shall adversely affect Exemption No. 5133, as from
time-to-time amended and extended.
H. R. 2739—18
‘‘(e) STUDY.—
‘‘(1) MATTERS TO BE CONSIDERED.—The Secretary shall con-
tinue the Secretary’s current examination of slot regulations
and shall ensure that the examination includes consideration
of—
‘‘(A) whether improvements in technology and proce-
dures of the air traffic control system and the use of quieter
aircraft make it possible to eliminate the limitations on
hourly operations imposed by the high density rule con-
tained in part 93 of title 14 of the Code of Federal Regula-
tions or to increase the number of operations permitted
under such rule;
‘‘(B) the effects of the elimination of limitations or
an increase in the number of operations allowed on each
of the following:
‘‘(i) congestion and delay in any part of the national
aviation system;
‘‘(ii) the impact of noise on persons living near
the airport;
‘‘(iii) competition in the air transportation system;
‘‘(iv) the profitability of operations of airlines serv-
ing the airport; and
‘‘(v) aviation safety;
‘‘(C) the impact of the current slot allocation process
upon the ability of air carriers to provide essential air
service under subchapter II of this chapter;
‘‘(D) the impact of such allocation process upon the
ability of new entrant air carriers to obtain slots in time
periods that enable them to provide service;
‘‘(E) the impact of such allocation process on the ability
of foreign air carriers to obtain slots;
‘‘(F) the fairness of such process to air carriers and
the extent to which air carriers are provided equivalent
rights of access to the air transportation market in the
countries of which foreign air carriers holding slots are
citizens;
‘‘(G) the impact, on the ability of air carriers to provide
domestic and international air service, of the withdrawal
of slots from air carriers in order to provide slots for foreign
air carriers; and
‘‘(H) the impact of the prohibition on slot withdrawals
in subsections (b)(2) and (b)(3) of this section on the avia-
tion relationship between the United States Government
and foreign governments, including whether the prohibition
in such subsections will require the withdrawal of slots
from general and military aviation in order to meet the
needs of air carriers and foreign air carriers providing
foreign air transportation (and the impact of such with-
drawal on general aviation and military aviation) and
whether slots will become available to meet the needs
of air carriers and foreign air carriers to provide foreign
air transportation as a result of the planned relocation
of Air Force Reserve units and the Air National Guard
at O’Hare International Airport.
‘‘(2) REPORT.—Not later than January 31, 1995, the Sec-
retary shall complete the current examination of slot regula-
tions and shall transmit to the Committee on Commerce,