In the Senate of the United States,
June 16 (legislative day, June 7), 1994.
Resolved, That the bill from the House of Representa-
tives (H.R. 2739) entitled ‘‘An Act to amend the Airport and
Airway Improvement Act of 1982 to authorize appropriations
for fiscal years 1994, 1995, and 1996, and for other pur-
poses’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Federal Aviation Ad-
ministration Authorization Act of 1994’’.
TITLE I—AIRPORT AND AIRWAY
IMPROVEMENT ACT OF 1982
AMENDMENTS
SEC. 101. AIRPORT IMPROVEMENT PROGRAM AUTHORIZA-
TION.
(a) AUTHORIZATION.—The second sentence of section
505(a) of the Airport and Airway Improvement Act of 1982
(49 App. U.S.C. 2204(a)) is amended—
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(1) by striking ‘‘and’’ immediately after ‘‘1993,’’;
(2) by striking ‘‘$15,413,157,000’’ and inserting
in lieu thereof ‘‘$17,463,157,000’’; and
(3) by inserting ‘‘, $19,663,157,000 for fiscal
years 
ending 
before 
October 
1, 
1995, 
and
$21,943,157,000 for fiscal years ending before October
1, 1996’’ immediately before the period at the end.
(b) OBLIGATIONAL AUTHORITY.—Section 505(b)(1) of
the Airport and Airway Improvement Act of 1982 (49 App.
U.S.C. 2204(b)(1)) is amended by striking ‘‘June 30, 1994’’
and inserting in lieu thereof ‘‘September 30, 1996’’.
SEC. 102. INNOVATIVE TECHNOLOGY.
Section 502(a) of the Airport and Airway Improve-
ment Act of 1982 (49 App. U.S.C. 2201(a)) is amended by
striking ‘‘and’’ at the end of paragraph (13); by striking
the period at the end of paragraph (14) and inserting in
lieu thereof a semicolon; and by inserting immediately after
paragraph (14) the following new paragraph:
‘‘(15) it is in the national interest to encourage
projects that employ innovative technology, concepts,
and approaches that will promote safety, capacity,
and efficiency improvements in the construction of
airports and in the air transportation system, and it
is therefore an objective of this Act that the Secretary
encourage and solicit innovative technology proposals
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and activities in the expenditure of funding pursuant
to the Act;’’.
SEC. 103. DEFINITION OF AIRPORT DEVELOPMENT.
Section 503(a)(2) of the Airport and Airway Improve-
ment Act of 1982 (49 App. U.S.C. 2202(a)(2)) is amend-
ed—
(1) in subparagraph (B)(ii), by inserting ‘‘(in-
cluding explosive detection devices) and universal ac-
cess systems’’ immediately after ‘‘safety or security
equipment’’; and
(2) in subparagraph (F), by striking ‘‘and if
funded by a grant under this title,’’.
SEC. 104. PREVENTIVE MAINTENANCE.
Section 505 of the Airport and Airway Improvement
Act of 1982 (49 App. U.S.C. 2204) is amended by adding
at the end the following new subsection:
‘‘(e) PREVENTIVE MAINTENANCE.—(1) After January
1, 1995, no funds made available for an airport pursuant
to a grant under this title shall be available for the replace-
ment or reconstruction of pavement unless the sponsor has
provided such assurances or certifications as the Secretary
may determine appropriate that such airport has imple-
mented an effective pavement maintenance/management
program. The Secretary may require such reports on pave-
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ment condition and pavement management programs as the
Secretary determines may be useful.
‘‘(2) Not later than 1 year after the date of enactment
of this subsection, the Secretary shall issue such regulations
as may be necessary to ensure that no product shall be used
for pavement maintenance or rehabilitation under this sec-
tion unless the manufacturer of such product warrants to
the satisfaction of the Secretary the performance of such
product.’’.
SEC. 105. LANDING AIDS AND NAVIGATIONAL EQUIPMENT
INVENTORY POOL.
Section 506(a) of the Airport and Airway Improve-
ment Act of 1982 (49 App. U.S.C. 2205(a)) is amended by
adding at the end the following new paragraph:
‘‘(4) LANDING AIDS AND NAVIGATIONAL EQUIP-
MENT INVENTORY POOL.—
‘‘(A) ESTABLISHMENT
OF
PROGRAM.—Not
later than December 31, 1993, and notwithstand-
ing any other provision of this title, the Sec-
retary shall establish and implement a program
to purchase and reserve an inventory of preci-
sion approach instrument landing system equip-
ment, to be made available on an expedited basis
for installation at airports.
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‘‘(B) 
AUTHORIZATION.—No 
less 
than
$30,000,000 of the amounts appropriated under
paragraph (1) for each of the fiscal years 1994,
1995, and 1996 shall be available for the purpose
of carrying out this paragraph, including acqui-
sition, site preparation work, installation, and
related expenditures.’’.
SEC. 106. MICROWAVE LANDING SYSTEM.
Section 506(a) of the Airport and Airway Improve-
ment Act of 1982 (49 App. U.S.C. 2205(a)), as amended
by this Act, is further amended by adding at the end the
following new paragraph:
‘‘(5) MICROWAVE
LANDING
SYSTEM.—Notwith-
standing any other provision of law, none of the
amounts appropriated under this subsection may be
used for the development or procurement of the micro-
wave landing system, except as necessary to meet obli-
gations of the Government that may arise under con-
tracts in effect on January 1, 1994.’’.
SEC. 107. PRESERVATION OF FUNDS AND PRIORITY FOR
AIRPORT AND AIRWAY PROGRAMS.
Section 506(e)(5) of the Airport and Airway Improve-
ment Act of 1982 (49 App. U.S.C. 2205(e)(5)) is amended
by striking ‘‘September 30, 1995,’’ and inserting in lieu
thereof ‘‘September 30, 1996,’’.
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SEC. 108. MILITARY AIRPORT SET-ASIDE.
Section 508(d)(5) of the Airport and Airway Improve-
ment Act of 1982 (49 App. U.S.C. 2207(d)(5)) is amended
by striking ‘‘each of fiscal years 1994 and 1995’’ and insert-
ing in lieu thereof ‘‘fiscal year 1994 and each of the fiscal
years thereafter’’.
SEC. 109. MILITARY AIRPORT PROGRAM.
Section 508(f) of the Airport and Airway Improve-
ment Act of 1982 (49 App. U.S.C. 2207(f)) is amended—
(1) by amending the subsection heading to read
as follows:
‘‘(f) MILITARY AIRPORT PROGRAM.—’’;
(2) by amending paragraph (1) to read as fol-
lows:
‘‘(1) DESIGNATION.—The Secretary may des-
ignate one or more military airports to receive funds
distributed under subsection (d)(5). Airports des-
ignated under this subsection prior to the date of en-
actment of the Federal Aviation Administration Au-
thorization Act of 1994 shall remain eligible to receive
grants under subsection (d)(5).’’;
(3) by striking paragraph (2);
(4) in paragraph (3)—
(A) by striking ‘‘and in conducting the sur-
vey under paragraph (2)’’;
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SEC. 111. REIMBURSEMENT FOR CERTAIN PAST EXPENDI-
TURES.
Section 513(a)(2) of the Airport and Airway Improve-
ment Act of 1982 (49 App. U.S.C. 2212(a)(2)) is amend-
ed—
(1) by striking ‘‘or’’ at the end of subparagraph
(B);
(2) by striking the period at the end of subpara-
graph (C) and inserting in lieu thereof ‘‘; or’’; and
(3) by adding at the end the following new sub-
paragraph:
‘‘(D)(i) it was incurred (I) not more than
2 years before the grant agreement for such
project was executed; (II) after September 30,
1993, and not later than September 30, 1996;
(III) in accordance with an airport layout plan
approved by the Secretary and in accordance
with all applicable statutory and administrative
requirements that would have been applicable to
such work if the project had been carried out
after the grant agreement had been executed; and
(IV) in the case of projects initiated on or after
90 days following the date of enactment of this
subparagraph, after receiving the Secretary’s ap-
proval of the project;
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‘‘(ii) allowable costs under clause (i) may
include (I) interest payable on, and the retire-
ment of, the principal of bonds or other evidence
of indebtedness incurred to initiate the project
involved and before the grant agreement for such
project was executed; and (II) interest payable
on, and the retirement of, the principal of bonds
or other evidences of indebtedness the proceeds of
which were used to finance the development work
for which reimbursement is provided under this
subparagraph; and
‘‘(iii) only the sums apportioned under sec-
tions 507(a)(1) and 507(a)(2) may be obligated
for project costs allowable under clause (i) of this
subparagraph;’’.
SEC. 112. TERMINAL DEVELOPMENT.
Section 513(b) of the Airport and Airway Improve-
ment Act of 1982 (49 App. U.S.C. 2212(b)) is amended by
striking paragraph (5) and redesignating paragraph (6) as
paragraph (5).
SEC. 113. AUTHORITY TO CONTINUE LETTERS OF INTENT.
Notwithstanding any other provision of law, the Sec-
retary of Transportation (hereinafter referred to as the
‘‘Secretary’’) may issue letters of intent under section
513(d) of the Airport and Airway Improvement Act of 1982
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(49 App. U.S.C. 2212(d)) and use funds for planning, ap-
proving, and administering grants under the Airport Im-
provement Program for issuing such letters of intent.
SEC. 114. LETTERS OF INTENT.
Section 513(d)(1) of the Airport and Airway Improve-
ment Act of 1982 (49 App. U.S.C. 2212(d)(1)) is amended
by adding at the end the following new subparagraph:
‘‘(H) LIMITATION
OF
STATUTORY
CONSTRUC-
TION.—Nothing in this section shall be construed to
prohibit the obligation of amounts pursuant to a let-
ter of intent under this paragraph in the same fiscal
year as the letter of intent is issued.’’.
SEC. 
115. 
REPORTS 
ON 
IMPACTS 
OF 
NEW 
AIRPORT
PROJECTS.
Section 509(b) of the Airport and Airway Improve-
ment Act of 1982 (49 App. U.S.C. 2208(b)) is amended by
adding at the end the following new paragraph:
‘‘(10) At least 90 days prior to the approval of
a project grant application for construction of a new
hub airport that is expected to have 0.25 percent or
more of the total annual enplanements in the United
States, the Secretary shall submit to Congress a re-
port analyzing the anticipated impact of such pro-
posed new airport on—
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‘‘(A) the fees charged to air carriers (includ-
ing landing fees), and other costs that will be in-
curred by air carriers, for using the proposed
airport;
‘‘(B) air transportation that will be pro-
vided in the geographic region of the proposed
airport; and
‘‘(C) the availability and cost of providing
air transportation to rural areas in such geo-
graphic region.’’.
SEC. 116. AIRPORT SAFETY DATA COLLECTION.
The Airport and Airway Improvement Act of 1982 (49
App. U.S.C. 2201 et seq.) is amended by adding at the end
the following new section:
‘‘SEC. 535. AIRPORT SAFETY DATA COLLECTION.
‘‘Notwithstanding any other provision of law, the Ad-
ministrator of the Federal Aviation Administration may
contract, using sole source or limited source authority, for
the collection of airport safety data.’’.
SEC. 117. INTERMODAL SYSTEM PLANNING.
(a) DEFINITION.—The second sentence of section
503(a)(7) of the Airport and Airway Improvement Act of
1982 (49 App. U.S.C. 2202(a)(7)) is amended by inserting
‘‘the role which airports play in the transportation system
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in a specific area,’’ immediately after ‘‘identification of sys-
tem needs,’’.
(b) 
INTEGRATED
AIRPORT
SYSTEM
PLANNING
GRANTS.—Section 508(d)(4) of the Airport and Airway
Improvement Act of 1982 (49 App. U.S.C. 2207(d)(4)) is
amended—
(1) by inserting ‘‘(A)’’ immediately before ‘‘Not
less than’’;
(2) by striking the period at the end and insert-
ing in lieu thereof ‘‘; and’’; and
(3) by adding at the end the following new sub-
paragraphs:
‘‘(B) Prior to the Secretary’s approval of a
grant to a planning agency for integrated air-
port system planning, the planning agency shall,
insofar as its powers permit, certify that the
sponsor of any airport enplaning 0.25 percent or
more of the total number of passengers enplaned
annually at all commercial service airports is
considered to be an operator of a major mode of
transportation pursuant to the section 134(b)(2)
of title 23, United States Code, and that any
such sponsor is a member, or will be appointed
a member as soon as practicable, of such plan-
ning agency.
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‘‘(C) Where such airport sponsor is a mu-
nicipality, county, or other entity of local gov-
ernment which already retains membership on
such planning agency, such planning agency
shall include an additional member from such
municipality, county, or entity of local govern-
ment to represent the airport. In order for the
Secretary to approve a grant to a planning
agency under this paragraph, the airport must
be a co-applicant for such grant, and such grant
shall be for planning for projects that substan-
tially benefit the airport and shall be in propor-
tion to the benefit it provides to the airport.’’.
SEC. 118. STUDY ON INNOVATIVE FINANCING.
(a) STUDY.—The Secretary shall study, as a means
of supplementing financing available under the Airport Im-
provement Program, innovative approaches for using Fed-
eral funds to finance airport development. Mechanisms
should be considered that will produce greater investments
in airport development per dollar of Federal expenditure.
The Secretary shall consider, among other options, ap-
proaches that would permit the entering into of agreements
with non-Federal entities, such as airport sponsors, for the
loan of Federal funds, guarantee of loan repayment, or pur-
chase of insurance or other forms of enhancement for bor-
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rower debt, including the use of unobligated Airport Im-
provement Program contract authority and unobligated
balances in the Airport and Airway Trust Fund. The Sec-
retary also shall consider means to lower the cost of financ-
ing airport development. The Secretary may, in considering
innovative financing, consult with airport owners and oper-
ators and public and private sector experts.
(b) REPORT TO CONGRESS.—The Secretary shall re-
port the findings of the study required by subsection (a)
to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Public Works
and Transportation of the House of Representatives not
later than 12 months after the date of enactment of this
Act.
SEC. 119. ADVANCED LANDING SYSTEM.
Notwithstanding any other provision of law or regula-
tion, the Administrator of the Federal Aviation Adminis-
tration (hereinafter referred to as the ‘‘Administrator’’)
shall consider for approval under subpart C of part 171
of title 14, Code of Federal Regulations, the new generation,
low cost, advanced landing system being developed by the
Department of Defense. The charter for approval of such
system shall be considered and acted upon expeditiously by
the Regional Administrator of the Federal Aviation Admin-
istration in the region where such system is being developed.
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SEC. 120. TECHNICAL AMENDMENTS.
(a) DEFINITIONS.—Section 503(a)(2)(B) of the Air-
port and Airway Improvement Act of 1982 (49 App. U.S.C.
2202(a)(2)(B)) is amended by moving clauses (vii) and
(viii) 2 ems to the right.
(b) AIRPORT PLANS.—Section 504(a)(1) of the Airport
and Airway Improvement Act of 1982 (49 App. U.S.C.
2203(a)(1)) is amended by redesignating clauses (1), (2),
and (3) as clauses (A), (B), and (C), respectively.
(c) CERTAIN PROJECT COSTS.—Section 513(b)(4) of
the Airport and Airway Improvement Act of 1982 (49 App.
U.S.C. 2212(b)(4)) is amended—
(1) by inserting ‘‘or (in the case of a commercial
service airport which annually has less than 0.05 per-
cent of the total enplanements in the United States)
between January 1, 1992, and October 31, 1992,’’ im-
mediately after ‘‘July 12, 1976,’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(D) That, with respect to a project at a com-
mercial service airport which annually has less than
0.05 percent of the total enplanements in the United
States, the Secretary may approve the use of the
funds described under paragraph (2), notwithstand-
ing the provisions of sections 505(d), 511(a)(16), and
515.’’.
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SEC. 121. EXPENDITURES FROM AIRPORT AND AIRWAY
TRUST FUND.
Section 9502(d)(1)(A) of the Internal Revenue Code of
1986 (relating to expenditure from Airport and Airway
Trust Fund) is amended—
(1) by inserting ‘‘or the Airport and Airway
Safety, Capacity, Noise Improvement, and Inter-
modal Transportation Act of 1992’’ immediately after
‘‘Capacity Expansion Act of 1990’’; and
(2) by striking ‘‘(as such Acts were in effect on
the date of the enactment of the Airport Improvement
Program Temporary Extension Act of 1994)’’ and in-
serting in lieu thereof ‘‘or the Federal Aviation Ad-
ministration Authorization Act of 1994 (as such Acts
were in effect on the date of the enactment of the Fed-
eral Aviation Administration Authorization Act of
1994)’’.
SEC. 122. ASBESTOS REMOVAL AND BUILDING DEMOLITION
AND REMOVAL, VACANT AIR FORCE STATION,
MARIN COUNTY, CALIFORNIA.
(a) AUTHORIZATION OF APPROPRIATIONS.—Notwith-
standing subsection (d) of section 9502 of the Internal Reve-
nue Code of 1986 (26 U.S.C. 9502), there is authorized to
be appropriated in fiscal year 1995 from the Airport and
Airway Trust Fund established by such section 9502 to the
account for the Department of Transportation for facilities
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and equipment of the Federal Aviation Administration such
amount as may be necessary to permit the Administrator
of the Federal Aviation Administration to carry out asbes-
tos abatement activities and the demolition and removal of
buildings at the site of the vacant Air Force station located
on Mount Tamalpais, Marin County, California. The
amount authorized to be appropriated by the preceding sen-
tence shall not exceed its share of the costs of carrying out
such activities, demolitions, and removals.
(b) AUTHORITY TO USE FUNDS.—The Administrator
may use the funds appropriated pursuant to the authoriza-
tion of appropriations in subsection (a) to carry out the
abatement activities and demolition and removal described
in that subsection. Such funds shall be available for such
purpose until expended.
TITLE II—FEDERAL AVIATION
ACT OF 1958
SEC. 201. ASSISTANCE TO FOREIGN AVIATION AUTHORI-
TIES.
(a) IN GENERAL.—Section 313 of the Federal Aviation
Act of 1958 (49 App. U.S.C. 1354) is amended by adding
at the end the following new subsection:
‘‘(g) ASSISTANCE TO FOREIGN AVIATION AUTHORI-
TIES.—(1) The Administrator may provide safety-related
training and operational services to foreign aviation au-
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thorities with or without reimbursement, if the Adminis-
trator determines that providing such services promotes
aviation safety. To the extent practicable, air travel reim-
bursed under this subsection shall be conducted on United
States air carriers.
‘‘(2) Funds received by the Administrator pursu-
ant to this section shall be credited to the appropria-
tion from which the expenses were incurred in provid-
ing such services.’’.
(b) CONFORMING AMENDMENT.—The table of contents
of the Federal Aviation Act of 1958 is amended by adding
at the end of the item relating to section 313 the following:
‘‘(g) Assistance to foreign aviation authorities.’’.
SEC. 202. FOREIGN FEE COLLECTION.
Section 313(f) of the Federal Aviation Act of 1958 (49
App. U.S.C. 1354(f)) is amended—
(1) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(2) by inserting immediately after paragraph (2)
the following new paragraph:
‘‘(3) RECOVERY OF COST OF FOREIGN AVIATION
SERVICES.—
‘‘(A) ESTABLISHMENT OF FEES.—Notwith-
standing the limitation of paragraph (4), the
Administrator may establish and collect fees for
providing or carrying out the following aviation
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services outside the United States: any test, au-
thorization, certificate, permit, rating, evalua-
tion, approval, inspection, or review.
‘‘(B) LEVEL OF FEES.—Such fees shall be
established as necessary to recover the additional
cost of providing or carrying out such services
outside the United States, as compared to the
cost of providing or carrying out such services
within the United States; except that the Admin-
istrator may, for such services as the Adminis-
trator designates, establish fees at a level nec-
essary to recover the full cost of providing such
services.
‘‘(C) EFFECT ON OTHER AUTHORITY.—The
provisions of this paragraph do not limit the Ad-
ministrator’s authority to establish and collect
fees permitted under section 334 of title 49,
United States Code.
‘‘(D) 
CREDITING
OF
PREESTABLISHED
FEES.—Fees described in subparagraph (A) that
were not established before the date of enactment
of the Federal Aviation Administration Author-
ization Act of 1994 may be credited in accord-
ance with paragraph (5).’’.
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SEC. 203. SAFETY AT ASPEN-PITKIN COUNTY AIRPORT.
(a) NIGHTTIME OPERATIONS.—On and after the date
of enactment of this Act, nighttime operations (takeoffs and
landings) at Aspen-Pitkin County Airport in the State of
Colorado shall be allowed for pilots operating under parts
91 and 135 of title 14, Code of Federal Regulations, between
30 minutes after official sunset and 11 p.m., local time,
only if they are (1) granted clearance by air traffic control,
(2) instrument-rated, (3) operating an aircraft that is
equipped as required under section 91.205(d) of such title
14 for instrument flight, and (4) operating an instrument
approach or departure approved by the Federal Aviation
Administration. An instrument-rated pilot may operate
under visual flight rules at such County Airport between
30 minutes after official sunset and 11:00 p.m., only if such
pilot has completed at least one takeoff or landing in the
preceding 12 calendar months at such County Airport, is
granted clearance by air traffic control, and operates an
instrument-certified aircraft.
(b) COMMITMENTS OF AIRPORT OWNER OR OPERA-
TOR.—The owner or operator of the Aspen-Pitkin County
Airport shall be considered to be in compliance with the
requirements of the Aircraft Noise and Capacity Act of 1990
(49 App. U.S.C. 2151 et seq.) and not otherwise unjustly
discriminatory when such owner or operator notifies the
Administrator that such owner or operator (1) commits to
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modify its existing regulation to expand access to general
aviation operations under such special operating restric-
tions as are created under subsection (a) and such condi-
tions applicable to aircraft noise certification as are cur-
rently in effect for night operations at such County Airport
and (2) commits permanently not to enforce its 1990 regu-
latory action eliminating the so-called ‘‘ski season excep-
tion’’ to its nighttime curfew. To remain in compliance,
such owner or operator shall carry out both such commit-
ments as of the effective date of the Administrator’s action
establishing special operating restrictions at such County
Airport in accordance with subsection (a).
(c) MOUNTAIN FLYING.—The Administrator shall issue
a Notice of Proposed Rulemaking on mountain flying.
SEC. 204. EXEMPTIONS FROM SLOT RULES.
(a) FINDINGS.—The Congress finds that—
(1) the issue of slot requirements imposed by
Federal Aviation Administration regulations for high
density airports (commonly known as the ‘‘High Den-
sity Rule’’) is a longstanding, significant concern to
each of the affected airports, the residents of neighbor-
ing communities, and the aviation industry;
(2) such slot regulations serve many purposes,
including ensuring that each airport operates effi-
ciently; and
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(3) the Secretary has announced as part of the
President’s Initiative to Promote a Strong Competi-
tive Aviation Industry that the Secretary will under-
take a comprehensive examination of such slot regula-
tions and complete such examination by November
1994.
(b) STUDY.—(1) The Secretary’s current examination
of slot regulations, referred to in subsection (a)(3), shall in-
clude consideration of—
(A) the impact of the current slot allocation
process upon the ability of air carriers to provide es-
sential air service in accordance with section 419 of
the Federal Aviation Act of 1958 (49 App. U.S.C.
1389);
(B) 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;
(C) the impact of such allocation process on the
ability of foreign air carriers to obtain slots;
(D) the fairness of such process to air carriers
and the extent to which air carriers are provided
equivalent rights of access to airports in the countries
of which foreign air carriers holding slots are citizens;
(E) the impact, on the ability of air carriers to
provide domestic and international service, of the
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withdrawal of slots from air carriers in order to pro-
vide slots for foreign air carriers; and
(F) the impact of aircraft noise on affected com-
munities.
(2) The Secretary shall, not later than November 30,
1994, complete and transmit the results of such examina-
tion to the Committee on Commerce, Science, and Trans-
portation of the Senate and the Committee on Public Works
and Transportation of the House of Representatives.
(c) RULEMAKING PROCEEDING.—The Secretary shall
conduct a rulemaking proceeding based on the results of the
examination described in subsection (b). In the course of
such proceeding, the Secretary shall issue proposed regula-
tions not later than March 1, 1995, and shall issue final
regulations not later than June 1, 1995.
(d) EXEMPTIONS FOR HIGH DENSITY AIRPORTS.—(1)
If the Secretary finds it to be in the public interest, the
Secretary may grant exemptions from requirements under
subparts K and S of part 93 of title 14, Code of Federal
Regulations, pertaining to slots at any high density airport
except Washington National Airport, to—
(A) air carriers using Stage 3 aircraft, and com-
muter operators, to enable such carriers to provide es-
sential air service under section 419 of the Federal
Aviation Act of 1958 (49 App. U.S.C. 1389);
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(B) air carriers and foreign air carriers to en-
able such carriers to provide foreign air transpor-
tation, using Stage 3 aircraft; and
(C) new entrant air carriers at such high density
airport, only under circumstances determined by the
Secretary to be exceptional.
(2) Notwithstanding sections 6005(c)(5)(C) and
6009(e) of the Metropolitan Washington Airports Act of
1986 (49 App. U.S.C. 2454(c)(5)(C) and 2458(e)), the Sec-
retary may, only under circumstances determined by the
Secretary to be exceptional, grant to an air carrier cur-
rently holding or operating a slot an exemption from re-
quirements under subparts K and S of part 93 of title 14,
Code of Federal Regulations, pertaining to slots at Wash-
ington National Airport, to enable that carrier to provide
service with Stage 3 aircraft, except that such exemption—
(A) shall not result in an increase in the number
of slots at Washington National Airport;
(B) shall not increase the number of operations
at Washington National Airport in any 1-hour period
by more than two operations;
(C) shall not result in the withdrawal or reduc-
tion of slots operated by an air carrier; and
(D) shall not result in a net increase in noise
impact on surrounding communities resulting from
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both changes in timing of operations permitted under
this paragraph.
(3) No exemption granted under paragraph (1) or (2)
may be effective on or after the date on which the final regu-
lations issued under subsection (c) become effective.
(e) WEEKEND OPERATIONS.—The Secretary shall con-
sider the advisability of revising section 93.227 of title 14,
Code of Federal Regulations, so as to eliminate weekend
schedules from the determination as to whether the 80 per-
cent standard of subsection (a)(1) of that section has been
met.
(f) LIMITATION ON CERTAIN SLOT WITHDRAWALS.—
Notwithstanding section 93.223 of title 14, Code of Federal
Regulations, the Secretary shall not, before final regulations
are issued under subsection (c) of this section, withdraw
a slot from any air carrier at O’Hare International Airport
for the purpose of providing the slot to another air carrier,
or foreign air carrier, for foreign air transportation.
(g) DEFINITIONS.—For purposes of this section—
(1) The terms ‘‘air carrier’’, ‘‘foreign air car-
rier’’, and ‘‘foreign air transportation’’ have the
meanings given those terms, respectively, in section
101 of the Federal Aviation Act of 1958 (49 App.
U.S.C. 1301).
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(b) FEDERAL PREEMPTION.—(1) Section 105(a) of the
Federal Aviation Act of 1958 (49 App. U.S.C. 1305(a)) is
amended by adding at the end the following new paragraph:
‘‘(3) The provisions of paragraph (1) shall not
apply to any transportation by air of persons com-
mencing and terminating within the State of Ha-
waii.’’.
(2) Section 105(b)(2) of the Federal Aviation Act of
1958 (49 App. U.S.C. 1305(b)(2)) is amended by striking
‘‘(other than the State of Hawaii)’’.
SEC. 210. TRANSPORTATION SECURITY REPORT.
Section 315(b)(1) of the Federal Aviation Act of 1958
(49 App. U.S.C. 1356(b)(1)) is amended by striking ‘‘De-
cember 31’’ and inserting in lieu thereof ‘‘March 31’’.
SEC. 211. INTERMODAL ALL-CARGO AIR CARRIERS.
(a) DEFINITIONS.—Section 101 of the Federal Avia-
tion Act of 1958 (49 App. U.S.C. 1301) is amended by re-
designating paragraphs (25) through (41) as paragraphs
(26) through (42), respectively; and by inserting imme-
diately after paragraph (24) the following new paragraph:
‘‘(25) ‘Intermodal all-cargo air carrier’ means—
‘‘(A) an air carrier (including an indirect
cargo air carrier, as defined in section 296.3 of
title 14, Code of Federal Regulations, as in effect
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on March 1, 1994) that undertakes to provide the
transportation described in section 105(a)(4); or
‘‘(B) any other carrier—
‘‘(i) which has authority to provide
transportation;
‘‘(ii) which (I) is affiliated with an air
carrier described in subparagraph (A)
through common controlling ownership, or
(II) utilizes as principal or as shipper’s
agent, or is affiliated through common con-
trolling ownership with companies that uti-
lize, an air carrier described in subpara-
graph (A) at least 15,000 times annually;
and
‘‘(iii) which undertakes to provide the
transportation 
described 
in 
section
105(a)(4).’’.
(b) PREEMPTION.—Section 105(a) of the Federal Avia-
tion Act of 1958 (49 App. U.S.C. 1305(a)), as amended by
this Act, is further amended by adding at the end the follow-
ing new paragraph:
‘‘(4)(A) Except as provided in subparagraph
(B), no State or political subdivision thereof, no
interstate agency of two or more States, and no other
political agency of two or more States shall enact or