H. R. 2739—2
Sec. 304. Aircraft cabin air quality research program.
Sec. 305. Use of domestic products.
Sec. 306. Purchase of American made equipment and products.
Sec. 307. Cooperative agreements for research, engineering, and development.
Sec. 308. Research program on quiet aircraft technology.
TITLE IV—EXTENSION OF AIRPORT AND AIRWAY TRUST FUND
EXPENDITURE AUTHORITY
Sec. 401. Expenditures from Airport and Airway Trust Fund.
TITLE V—MISCELLANEOUS PROVISIONS
Sec. 501. Rulemaking on random testing for prohibited drugs.
Sec. 502. Transportation security report.
Sec. 503. Repeal of annual report requirement.
Sec. 504. Advanced landing system.
Sec. 505. Asbestos removal and building demolition and removal, vacant air force
station, Marin County, California.
Sec. 506. Land acquisition costs.
Sec. 507. Information on disinsection of aircraft.
Sec. 508. Contract tower assistance.
Sec. 509. Discontinuation of aviation safety journal.
Sec. 510. Monroe airport improvement.
Sec. 511. Soldotna airport improvement.
Sec. 512. Sturgis, Kentucky.
Sec. 513. Rolla airport improvement.
Sec. 514. Palm Springs, California.
Sec. 515. Real estate transfers in Alaska and weather observation services.
Sec. 516. Relocation of airway facilities.
Sec. 517. Safety at Aspen-Pitkin County Airport.
Sec. 518. Collective bargaining at Washington airports.
Sec. 519. Report on certain bilateral negotiations.
Sec. 520. Study on innovative financing.
Sec. 521. Safety of Juneau International Airport.
Sec. 522. Study on child restraint systems.
Sec. 523. Sense of Senate relating to DOT Inspector General.
Sec. 524. Sense of Senate on issuance of report on usage of radar at the Cheyenne,
Wyoming, airport.
Sec. 525. North Korea.
Sec. 526. Sense of Senate on final regulations under Civil Rights Act of 1964.
TITLE VI—INTRASTATE TRANSPORTATION OF PROPERTY
Sec. 601. Preemption of intrastate transportation of property.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Federal Aviation Administration.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Transportation.
SEC. 3. AMENDMENT OF TITLE 49, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act
an amendment or repeal is expressed in terms of an amendment
to, or a repeal of, a section or other provision, the reference shall
be considered to be made to a section or other provision of title
49, United States Code.
TITLE I—AIRPORT AND AIRWAY
IMPROVEMENT
SEC. 101. AIRPORT IMPROVEMENT PROGRAM.
(a) AUTHORIZATION
OF
APPROPRIATIONS.—Section 48103 is
amended—
(1) by striking ‘‘Not more’’ and all that follows through
‘‘1993,’’ and inserting ‘‘The total amounts which shall be avail-
H. R. 2739—3
able after September 30, 1981, to the Secretary of Transpor-
tation’’; and
(2) by inserting before the period at the end ‘‘shall be
$17,583,500,000 for fiscal years ending before October 1, 1994,
$19,744,500,000 for fiscal years ending before October 1, 1995,
and $21,958,500,000 for fiscal years ending before October 1,
1996’’.
(b) OBLIGATIONAL AUTHORITY.—Section 47104(c) is amended
by striking ‘‘After’’ and all that follows through ‘‘Secretary’’ and
inserting ‘‘After September 30, 1996, the Secretary’’.
SEC. 102. AIRWAY IMPROVEMENT PROGRAM.
(a) AIRWAY FACILITIES AND EQUIPMENT.—Section 48101(a) is
amended—
(1) in paragraph (1) by striking ‘‘for’’ and inserting ‘‘For’’;
(2) in paragraph (2)—
(A) by striking ‘‘for’’ and inserting ‘‘For’’; and
(B) 
by 
striking 
‘‘$11,100,000,000’’ 
and 
inserting
‘‘$10,724,000,000’’;
(3) in paragraph (3)—
(A) by striking ‘‘for’’ and inserting ‘‘For’’; and
(B) 
by 
striking 
‘‘$14,000,000,000’’ 
and 
inserting
‘‘$13,394,000,000’’; and
(4) by adding at the end the following:
‘‘(4) For the fiscal years ending September 30, 1991–1996,
$16,129,000,000.’’.
(b) CERTAIN DIRECT COSTS AND JOINT AIR NAVIGATION SERV-
ICES.—Section 48104 is amended—
(1) in the heading for subsection (b) by inserting ‘‘FOR
FISCAL YEARS 1993’’ after ‘‘LIMITATION’’;
(2) in subsection (b) by striking ‘‘each’’ and all that follows
through ‘‘1995,’’ and inserting ‘‘fiscal year 1993’’; and
(3) by adding at the end the following:
‘‘(c) LIMITATION FOR FISCAL YEARS 1994–1996.—The amount
appropriated from the Trust Fund for the purposes of paragraphs
(1) and (2) of subsection (a) for each of fiscal years 1994, 1995,
and 1996 may not exceed the lesser of—
‘‘(1) 50 percent of the amount of funds made available
under sections 48101–48103 of this title for such fiscal year;
or
‘‘(2)(A) 70 percent of the amount of funds made available
under sections 106(k) and 48101–48103 of this title for such
fiscal year; less
‘‘(B) the amount of funds made available under sections
48101–48103 of this title for such fiscal year.’’.
(c) LIMITATION ON OBLIGATING OR EXPENDING FUNDS.—Section
48108(c) is amended by striking ‘‘1995’’ and inserting ‘‘1996’’.
SEC. 103. OPERATIONS OF FAA.
Section 106(k) is amended by striking ‘‘, $5,100,000,000’’ and
all that follows through ‘‘1995’’ and inserting ‘‘, $4,576,000,000
for fiscal year 1994, $4,674,000,000 for fiscal year 1995, and
$4,810,000,000 for fiscal year 1996’’.
SEC. 104. INNOVATIVE TECHNOLOGY POLICY.
Section 47101(a) is amended—
(1) by striking ‘‘and’’ at the end of paragraph (9)(C);
H. R. 2739—4
(2) by striking the period at the end of paragraph (10)
and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(11) that the airport improvement program should be
administered to encourage projects that employ innovative tech-
nology, concepts, and approaches that will promote safety,
capacity, and efficiency improvements in the construction of
airports and in the air transportation system (including the
development and use of innovative concrete and other materials
in the construction of airport facilities to minimize initial
laydown costs, minimize time out of service, and maximize
lifecycle durability) and to encourage and solicit innovative
technology proposals and activities in the expenditure of fund-
ing pursuant to this subchapter;’’.
SEC. 105. INCLUSION 
OF 
EXPLOSIVE 
DETECTION 
DEVICES 
AND
UNIVERSAL ACCESS SYSTEMS.
Section 47102(3)(B)(ii) is amended by inserting after ‘‘or security
equipment’’ the following: ‘‘, including explosive detection devices
and universal access systems,’’.
SEC. 106. SUBMISSION AND APPROVAL OF PROJECT GRANT APPLICA-
TIONS.
Section 47105(a)(1)(B) is amended—
(1) by striking ‘‘at least 2’’ each place it appears and insert-
ing ‘‘1 or more’’; and
(2) by striking ‘‘similar’’.
SEC. 107. PREVENTIVE MAINTENANCE.
(a) CONDITION OF ASSISTANCE.—Section 47105 is amended—
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new sub-
section:
‘‘(e) PREVENTIVE MAINTENANCE.—After January 1, 1995, the
Secretary may approve an application under this subchapter for
the replacement or reconstruction of pavement at an airport only
if the sponsor has provided such assurances or certifications as
the Secretary may determine appropriate that such airport has
implemented an effective airport pavement maintenance-manage-
ment program. The Secretary may require such reports on pavement
condition and pavement management programs as the Secretary
determines may be useful.’’.
(b) STUDY.—
(1) IN GENERAL.—The Secretary shall study the products
used for airport pavement maintenance and rehabilitation. Such
study shall consider, at a minimum, the cost and benefits
of the following:
(A) A requirement that the manufacturer or installer
of such products provide minimum warranties.
(B) Establishment of enhanced minimum specifications
or performance standards for such products.
(C) The use of insurance or other means to improve
the performance and value of such products.
(2) SOLICITATION OF VIEWS.—In conducting the study under
this subsection, the Secretary shall solicit and consider the
views of airport operators, manufacturers of airport pavement
maintenance and rehabilitation products, installers of such
H. R. 2739—5
products, appropriate Federal agencies, and other relevant
persons.
(3) REPORT.—Not later than June 1, 1995, the Secretary
shall 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 conducted under this subsection.
SEC. 108. REPEAL OF GENERAL AVIATION AIRPORT PROJECT GRANT
APPLICATION APPROVAL.
Section 47106 is amended—
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
SEC. 109. REPORTS ON IMPACTS OF NEW AIRPORT PROJECTS.
Section 47106 is amended by adding at the end the following:
‘‘(e) REPORTS RELATING TO CONSTRUCTION OF CERTAIN NEW
HUB AIRPORTS.—At least 90 days prior to the approval under this
subchapter 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 report analyzing the anticipated impact
of such proposed new airport on—
‘‘(1) the fees charged to air carriers (including landing
fees), and other costs that will be incurred by air carriers,
for using the proposed airport;
‘‘(2) air transportation that will be provided in the
geographic region of the proposed airport; and
‘‘(3) the availability and cost of providing air transportation
to rural areas in such geographic region.’’.
SEC. 110. AIRPORT FEES POLICY.
Section 47101(a) is further amended by adding at the end
the following:
‘‘(12) that airport fees, rates, and charges must be reason-
able and may only be used for purposes not prohibited by
this Act; and
‘‘(13) that airports should be as self-sustaining as possible
under the circumstances existing at each particular airport
and in establishing new fees, rates, and charges, and generating
revenues from all sources, airport owners and operators should
not seek to create revenue surpluses that exceed the amounts
to be used for airport system purposes and for other purposes
for which airport revenues may be spent under section
47107(b)(1) of this title, including reasonable reserves and other
funds to facilitate financing and cover contingencies.’’.
SEC. 111. AIRPORT FINANCIAL REPORTS.
(a) IN GENERAL.—Section 47107(a) is amended—
(1) by inserting before the semicolon at the end of para-
graph (15) ‘‘and make such reports available to the public’’;
(2) by striking ‘‘and’’ at the end of paragraph (17);
(3) by striking the period at the end of paragraph (18)
and inserting ‘‘; and’’; and
(4) by adding at the end the following:
‘‘(19) the airport owner or operator will submit to the
Secretary and make available to the public an annual report
listing in detail—
H. R. 2739—6
‘‘(A) all amounts paid by the airport to any other
unit of government and the purposes for which each such
payment was made; and
‘‘(B) all services and property provided to other units
of government and the amount of compensation received
for provision of each such service and property.’’.
(b) FORMAT FOR REPORTING.—Within 180 days after the date
of the enactment of this Act, the Secretary shall prescribe a uniform
simplified format for reporting that is applicable to airports. Such
format shall be designed to enable the public to understand readily
how funds are collected and spent at airports, and to provide
sufficient information relating to total revenues, operating expendi-
tures, capital expenditures, debt service payments, contributions
to restricted funds, accounts, or reserves required by financing
agreements or covenants or airport lease or use agreements or
covenants. Such format shall require each commercial service air-
port to report the amount of any revenue surplus, the amount
of concession-generated revenue, and other information as required
by the Secretary.
(c) ANNUAL SUMMARIES.—Section 47107 is amended by adding
at the end the following:
‘‘(k) ANNUAL SUMMARIES
OF FINANCIAL REPORTS.—The Sec-
retary shall provide to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Public Works
and Transportation of the House of Representatives an annual
summary of the reports submitted to the Secretary under subsection
(a)(19) of this section and under section 111(b) of the Federal
Aviation Administration Authorization Act of 1994.’’.
SEC. 112. ADDITIONAL ENFORCEMENT AGAINST ILLEGAL DIVERSION
OF AIRPORT REVENUE.
(a) NEW POLICIES AND PROCEDURES.—Section 47107 is further
amended by adding at the end the following:
‘‘(l) POLICIES
AND PROCEDURES TO ENSURE ENFORCEMENT
AGAINST ILLEGAL DIVERSION OF AIRPORT REVENUE.—
‘‘(1) IN GENERAL.—Not later than 90 days after the date
of the enactment of this subsection, the Secretary of Transpor-
tation shall establish policies and procedures that will assure
the prompt and effective enforcement of subsections (a)(13)
and (b) of this section and grant assurances made under such
subsections. Such policies and procedures shall recognize the
exemption provision in subsection (b)(2) of this section and
shall respond to the information contained in the reports of
the Inspector General of the Department of Transportation
on airport revenue diversion and such other relevant informa-
tion as the Secretary may by law consider.
‘‘(2) REVENUE DIVERSION.—Policies and procedures to be
established pursuant to paragraph (1) of this subsection shall
prohibit, at a minimum, the diversion of airport revenues
(except as authorized under subsection (b) of this section)
through—
‘‘(A) direct payments or indirect payments, other than
payments reflecting the value of services and facilities pro-
vided to the airport;
‘‘(B) use of airport revenues for general economic devel-
opment, marketing, and promotional activities unrelated
to airports or airport systems;
H. R. 2739—7
‘‘(C) payments in lieu of taxes or other assessments
that exceed the value of services provided; or
‘‘(D) payments to compensate nonsponsoring govern-
mental bodies for lost tax revenues exceeding stated tax
rates.
‘‘(3) EFFORTS TO BE SELF-SUSTAINING.—With respect to sub-
section (a)(13) of this section, policies and procedures to be
established pursuant to paragraph (1) of this subsection shall
take into account, at a minimum, whether owners and operators
of airports, when entering into new or revised agreements
or otherwise establishing rates, charges, and fees, have under-
taken reasonable efforts to make their particular airports as
self-sustaining as possible under the circumstances existing
at such airports.
‘‘(4) ADMINISTRATIVE SAFEGUARDS.—Policies and procedures
to be established pursuant to paragraph (1) shall mandate
internal controls, auditing requirements, and increased levels
of Department of Transportation personnel sufficient to respond
fully and promptly to complaints received regarding possible
violations of subsections (a)(13) and (b) of this section and
grant assurances made under such subsections and to alert
the Secretary to such possible violations.’’.
(b) WITHHOLDING OF APPROVAL OF APPLICATIONS FOR GRANTS
OR PASSENGER FACILITY CHARGES; JUDICIAL ENFORCEMENT.—Sec-
tion 47111 is amended by adding at the end the following:
‘‘(e) ACTION
ON GRANT ASSURANCES CONCERNING AIRPORT
REVENUES.—If, after notice and opportunity for a hearing, the Sec-
retary finds a violation of section 47107(b) of this title, as further
defined by the Secretary under section 47107(l) of this title, or
a violation of an assurance made under section 47107(b) of this
title, and the Secretary has provided an opportunity for the airport
sponsor to take corrective action to cure such violation, and such
corrective action has not been taken within the period of time
set by the Secretary, the Secretary shall withhold approval of any
new grant application for funds under this chapter, or any proposed
modification to an existing grant that would increase the amount
of funds made available under this chapter to the airport sponsor,
and withhold approval of any new application to impose a fee
under section 40117 of this title. Such applications may thereafter
be approved only upon a finding by the Secretary that such correc-
tive action as the Secretary requires has been taken to address
the violation and that the violation no longer exists.
‘‘(f) JUDICIAL ENFORCEMENT.—For any violation of this chapter
or any grant assurance made under this chapter, the Secretary
may apply to the district court of the United States for any district
in which the violation occurred for enforcement. Such court shall
have jurisdiction to enforce obedience thereto by a writ of injunction
or other process, mandatory or otherwise, restraining any person
from further violation.’’.
(c) CIVIL PENALTIES.—
(1) GENERAL PENALTY.—Section 46301(a) is amended—
(A) in paragraph (1) by striking ‘‘or 46303’’ and insert-
ing ‘‘46303, 47107(b) (including any assurance made under
such section)’’; and
(B) by adding at the end the following:
H. R. 2739—8
‘‘(5) In the case of a violation of section 47107(b) of this title,
the maximum civil penalty for a continuing violation shall not
exceed $50,000.’’.
(2) ADMINISTRATIVE
PENALTY.—Section 46301(d)(2) is
amended by striking ‘‘or 46303’’ and inserting ‘‘46303, or
47107(b) (as further defined by the Secretary under section
47107(l) and including any assurance made under section
47107(b))’’.
(3) PROCEDURES.—Section 46301(d)(7) is amended by add-
ing at the end the following:
‘‘(D) In the case of a violation of section 47107(b) of this title
or any assurance made under such section—
‘‘(i) a civil penalty shall not be assessed against an individ-
ual;
‘‘(ii) a civil penalty may be compromised as provided under
subsection (f); and
‘‘(iii) judicial review of any order assessing a civil penalty
may be obtained only pursuant to section 46110 of this title.’’.
(d) CONSIDERATION OF DIVERSION OF REVENUES IN AWARDING
DISCRETIONARY GRANTS.—Section 47115 is amended by adding at
the end the following new subsection:
‘‘(f) CONSIDERATION OF DIVERSION OF REVENUES IN AWARDING
DISCRETIONARY GRANTS.—
‘‘(1) GENERAL RULE.—Subject to paragraph (2), in deciding
whether or not to distribute funds to an airport from the
discretionary funds established by subsection (a) of this section
and section 47116 of this title, the Secretary shall consider
as a factor militating against the distribution of such funds
to the airport the fact that the airport is using revenues gen-
erated by the airport or by local taxes on aviation fuel for
purposes other than capital or operating costs of the airport
or the local airports system or other local facilities which are
owned or operated by the owner or operator of the airport
and directly and substantially related to the actual air transpor-
tation of passengers or property.
‘‘(2) REQUIRED FINDING.—Paragraph (1) shall apply only
when the Secretary finds that the amount of revenues used
by the airport for purposes other than capital or operating
costs in the airport’s fiscal year preceding the date of the
application for discretionary funds exceeds the amount of such
revenues in the airport’s first fiscal year ending after the
date of the enactment of this subsection, adjusted by the Sec-
retary for changes in the Consumer Price Index of All Urban
Consumers published by the Bureau of Labor Statistics of the
Department of Labor.’’.
(e) UNREASONABLE BURDEN ON INTERSTATE COMMERCE.—Sec-
tion 40116(d)(2)(A) is amended by adding at the end the following:
‘‘(iv) Levy or collect a tax, fee, or charge, first taking
effect after the date of the enactment of this clause, exclusively
upon any business located at a commercial service airport or
operating as a permittee of such an airport other than a tax,
fee, or charge wholly utilized for airport or aeronautical pur-
poses.’’.
H. R. 2739—9
SEC. 113. RESOLUTION 
OF 
AIRPORT-AIR 
CARRIER 
DISPUTES
CONCERNING AIRPORT FEES.
(a) IN GENERAL.—Subchapter I of chapter 471 of subtitle VII
is amended—
(1) by redesignating section 47129 (and any references
thereto) as section 47131; and
(2) by inserting after section 47128 the following new sec-
tion:
‘‘§ 47129. Resolution of airport-air carrier disputes concern-
ing airport fees
‘‘(a) AUTHORITY TO REQUEST SECRETARY’S DETERMINATION.—
‘‘(1) IN GENERAL.—The Secretary of Transportation shall
issue a determination as to whether a fee imposed upon one
or more air carriers (as defined in section 40102 of this subtitle)
by the owner or operator of an airport is reasonable if—
‘‘(A) a written request for such determination is filed
with the Secretary by such owner or operator; or
‘‘(B) a written complaint requesting such determination
is filed with the Secretary by an affected air carrier within
60 days after such carrier receives written notice of the
establishment or increase of such fee.
‘‘(2) CALCULATION OF FEE.—A fee subject to a determination
of reasonableness under this section may be calculated pursu-
ant to either a compensatory or residual fee methodology or
any combination thereof.
‘‘(3) SECRETARY NOT TO SET FEE.—In determining whether
a fee is reasonable under this section, the Secretary may only
determine whether the fee is reasonable or unreasonable and
shall not set the level of the fee.
‘‘(b) PROCEDURAL REGULATIONS.—Not later than 90 days after
the date of the enactment of this section, the Secretary shall publish
in the Federal Register final regulations, policy statements, or
guidelines establishing—
‘‘(1) the procedures for acting upon any written request
or complaint filed under subsection (a)(1); and
‘‘(2) the standards or guidelines that shall be used by
the Secretary in determining under this section whether an
airport fee is reasonable.
‘‘(c) DECISIONS BY SECRETARY.—The final regulations, policy
statements, or guidelines required in subsection (b) shall provide
the following:
‘‘(1) Not more than 120 days after an air carrier files
with the Secretary a written complaint relating to an airport
fee, the Secretary shall issue a final order determining whether
such fee is reasonable.
‘‘(2) Within 30 days after such complaint is filed with
the Secretary, the Secretary shall dismiss the complaint if
no significant dispute exists or shall assign the matter to an
administrative law judge; and thereafter the matter shall be
handled in accordance with part 302 of title 14, Code of Federal
Regulations, or as modified by the Secretary to ensure an
orderly disposition of the matter within the 120-day period
and any specifically applicable provisions of this section.
‘‘(3) The administrative law judge shall issue a rec-
ommended decision within 60 days after the complaint is
H. R. 2739—10
assigned or within such shorter period as the Secretary may
specify.
‘‘(4) If the Secretary, upon the expiration of 120 days after
the filing of the complaint, has not issued a final order, the
decision of the administrative law judge shall be deemed to
be the final order of the Secretary.
‘‘(5) Any party to the dispute may seek review of a final
order of the Secretary under this subsection in the Circuit
Court of Appeals for the District of Columbia Circuit or the
court of appeals in the circuit where the airport which gives
rise to the written complaint is located.
‘‘(6) Any findings of fact in a final order of the Secretary
under this subsection, if supported by substantial evidence,
shall be conclusive if challenged in a court pursuant to this
subsection. No objection to such a final order shall be considered
by the court unless objection was urged before an administra-
tive law judge or the Secretary at a proceeding under this
subsection or, if not so urged, unless there were reasonable
grounds for failure to do so.
‘‘(d) PAYMENT UNDER PROTEST; GUARANTEE OF AIR CARRIER
ACCESS.—
‘‘(1) PAYMENT UNDER PROTEST.—
‘‘(A) IN GENERAL.—Any fee increase or newly estab-
lished fee which is the subject of a complaint that is not
dismissed by the Secretary shall be paid by the complainant
air carrier to the airport under protest.
‘‘(B) REFERRAL OR CREDIT.—Any amounts paid under
this subsection by a complainant air carrier to the airport
under protest shall be subject to refund or credit to the
air carrier in accordance with directions in the final order
of the Secretary within 30 days of such order.
‘‘(C) ASSURANCE OF TIMELY REPAYMENT.—In order to
assure the timely repayment, with interest, of amounts
in dispute determined not to be reasonable by the Sec-
retary, the airport shall obtain a letter of credit, or surety
bond, or other suitable credit facility, equal to the amount
in dispute that is due during the 120-day period established
by this section, plus interest, unless the airport and the
complainant air carrier agree otherwise.
‘‘(D) DEADLINE.—The letter of credit, or surety bond,
or other suitable credit facility shall be provided to the
Secretary within 20 days of the filing of the complaint
and shall remain in effect for 30 days after the earlier
of 120 days or the issuance of a timely final order by
the Secretary determining whether such fee is reasonable.
‘‘(2) GUARANTEE OF AIR CARRIER ACCESS.—Contingent upon
an air carrier’s compliance with the requirements of paragraph
(1) and pending the issuance of a final order by the Secretary
determining the reasonableness of a fee that is the subject
of a complaint filed under subsection (a)(1)(B), an owner or
operator of an airport may not deny an air carrier currently
providing air service at the airport reasonable access to airport
facilities or service, or otherwise interfere with an air carrier’s
prices, routes, or services, as a means of enforcing the fee.
‘‘(e) APPLICABILITY.—This section does not apply to—
‘‘(1) a fee imposed pursuant to a written agreement with
air carriers using the facilities of an airport;