S.Amdt. 2061

SA 2061. Mr. CRUZ submitted an amendment intended to be proposed to
amendment SA 1911 proposed by Ms. Cantwell (for herself, Mr. Cruz, Ms.
Duckworth, and Mr. Moran) 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 65 days
after the date of enactment of the FAA Reauthorization Act of
2024, the Secretary shall grant, by order, 10 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 domestic airports located within or beyond the
perimeter described in section 49109; and
``(B) the requirements of subparts K, S, and T of part 93
of title 14, Code of Federal Regulations.
``(2) Non-limited incumbents.--Of the slot exemptions made
available under paragraph (1), the Secretary shall make 8
available to incumbent air carriers qualifying for status as
a non-limited incumbent carrier at Ronald Reagan Washington
National Airport as of the date of enactment of the FAA
Reauthorization Act of 2024.
``(3) Limited incumbents.--Of the slot exemptions made
available under paragraph (1), the Secretary shall make 2
available to incumbent air carriers qualifying for status as
a limited incumbent carrier at Ronald Reagan Washington
National Airport as of the date of enactment of the FAA
Reauthorization Act of 2024.
``(4) Allocation procedures.--The Secretary shall allocate
the 10 slot exemptions provided under paragraph (1) pursuant
to the application process established by the Secretary under
subsection (d), subject to the following:
``(A) Limitations.--Each air carrier that is eligible under
paragraph (2) and paragraph (3) shall be eligible to operate
no more and no less than 2 of the newly authorized slot
exemptions.
``(B) Criteria.--The Secretary shall consider the extent to
which the exemptions will--
``(i) enhance options for nonstop travel to beyond-
perimeter airports that do not have nonstop service from
Ronald Reagan Washington National Airport as of the date of
enactment of the FAA Reauthorization Act of 2024; or
``(ii) have a positive impact on the overall level of
competition in the markets that will be served as a result of
those exemptions.
``(5) Prohibition.--
``(A) In general.--The Metropolitan Washington Airports
Authority may not assess any penalty or similar levy against
an individual air carrier solely for obtaining and operating
a slot exemption authorized under this subsection.
``(B) Rule of construction.--Subparagraph (A) shall not be
construed as prohibiting the Metropolitan Washington Airports
Authority from assessing and collecting any penalty, fine, or
other levy, such as a handling fee or landing fee, that is--
``(i) authorized by the Metropolitan Washington Airports
Regulations;
``(ii) agreed to in writing by the air carrier; or
``(iii) charged in the ordinary course of business to an
air carrier operating at Ronald Reagan Washington National
Airport regardless of whether or not the air carrier obtained
a slot exemption authorized under this subsection.''.
(b) Conforming Amendments.--Section 41718(c)(2)(A) of title
49, United States Code, is amended--
(1) in clause (i) by striking ``and (b)'' and inserting ``,
(b), and (i)''; and
(2) in clause (ii) by striking ``and (g)'' and inserting
``(g), and (i)''.
(c) Preservation of Existing Within Perimeter Service.--
Nothing in this section, or the amendments made by this
section, shall be construed as authorizing the conversion of
a within-perimeter exemption or slot at Ronald Reagan
Washington National Airport that is in effect on the date of
enactment of this Act to serve an airport located beyond the
perimeter described in section 49109 of title 49, United
States Code.
(d) Freeze in the Number of Operations at Airports When
Near Misses Occur.--
(1) In general.--Beginning on the date of enactment of this
subsection, if a near-miss occurs on a surface of a part 139
airport, such airport shall freeze the number of operations
at the airport on a per-hour basis indefinitely until the
Administrator can certify that--
(A) there is adequate air traffic controller staffing at
the airport;
(B) proper surface surveillance technology is installed and
operational at the airport; and
(C) the schedule of operations at the airport will not lead
to runway congestion.
(2) Definitions.--In this subsection:
(A) Near miss.--The term ``near miss'' means an incident in
aviation where 2 or more aircraft come close to colliding but
do not make contact.
(B) Part 139 airport defined.--The term ``part 139
airport'' means an airport certified under part 139 of title
14, Code of Federal Regulations.
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