S.Amdt. 1979

SA 1979. Mr. LEE submitted an amendment intended to be proposed to
amendment SA 1911 submitted by Ms. Cantwell (for herself, Mr. Cruz, Ms.
Duckworth, and Mr. Moran) and intended to be proposed to the bill H.R.
3935, to amend title 49, United States Code, to reauthorize and improve
the Federal Aviation Administration and other civil aviation programs,
and for other purposes; which was ordered to lie on the table; as
follows:

Strike section 502, and insert the following:

SEC. 502. ADDITIONAL WITHIN AND BEYOND PERIMETER SLOT
EXEMPTIONS AT RONALD REAGAN WASHINGTON NATIONAL
AIRPORT.

(a) Increase in Number of Slot Exemptions.--Section 41718
of title 49, United States Code, is amended by adding at the
end the following new subsection:
``(i) Additional Slot Exemptions.--
``(1) Increase in slot exemptions.--Not later than 90 days
after the date of enactment of this subsection, the Secretary
shall grant, by order, 56 exemptions from--
``(A) the application of sections 49104(a)(5), 49109, and
41714 to air carriers to operate limited frequencies and
aircraft on routes between Ronald Reagan Washington National
Airport and airports located within or beyond the perimeter
described in section 49109; and
``(B) the requirements of subparts K, S, and T of part 93,
Code of Federal Regulations.
``(2) Incremental dca slot allocations.--
``(A) In general.--Of the slot exemptions made available
under paragraph (1), the Secretary shall make 40 available to
incumbent air carriers qualifying for status as a non-limited
incumbent carrier and 16 available to incumbent carriers
qualifying for status as a limited incumbent carrier at
Ronald Reagan Washington National Airport as of the date of
enactment of this subsection.
``(B) Air carrier requirements.--An air carrier granted a
slot exemption made available under paragraph (1)--
``(i) may operate up to a maximum of 8 of the newly
authorized slot exemptions;
``(ii) shall have sole discretion concerning the use of an
exemption made available under paragraph (1), including the
initial or any subsequent within or beyond perimeter
destinations to be served; and
``(iii) shall file a notice of intent with the Secretary
and subsequent notices of intent, when appropriate, to inform
the Secretary of any change in circumstances concerning the
use of any exemption made available under paragraph (1).
``(3) Notices of intent.--Notices of intent under paragraph
(2)(B)(iii) shall specify the within or beyond perimeter
destinations to be served.
``(4) Conditions.--Flight operations carried out by an air
carrier using an exemption granted under this subsection
shall be subject to the following conditions:
``(A) An air carrier granted an exemption under this
subsection is prohibited from transferring the rights to its
slot exemptions pursuant to section 41714(j).
``(B) The exemptions granted under subsection (2)--
``(i) may not be for operations between the hours of 10:00
p.m. and 7:00 a.m.; and
``(ii) may not increase the number of operations at Ronald
Reagan Washington National Airport in any 1-hour period
during the hours between 7:00 a.m. and 9:59 p.m. by more than
8 operations.''.
(b) Conforming Amendments.--Section 41718 of title 49,
United States Code, is amended--
(1) in subsection (c)(2)--
(A) in subparagraph (A)--
(i) in clause (i), by inserting ``or (i)(2)'' after
``(g)(2)''; and
(ii) in clause (ii), by striking ``and (g)'' and inserting
``(g), and (i)''; and
(B) in subparagraph (B), by inserting ``or (i)(2)'' after
``(g)(3)''; and
(2) in subsection (h)(1), by inserting ``or (i)'' after
``subsection (g)''.
(c) Preservation of Existing Within-Perimeter Air
Service.--In recognition of the importance of preserving air
service, as it exists on the date of enactment of this
section, between Ronald Reagan Washington National Airport
and within-perimeter airports and communities, this section
and the amendments made by this section shall not be
construed as authorizing any limited incumbent or non-limited
incumbent air carrier holding slots or slot exemptions at
Ronald Reagan Washington National Airport as of the date of
enactment of this subsection to use an existing within-
perimeter slot to serve an airport beyond the perimeter
described in section 49109 of title 49, United States Code.
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