Pub. L. 111-8, div. I, tit. I, sec. 115

Sec. 115. (a) No funds provided in this Act may be used by the Secretary of Transportation to promulgate regulations or take any action regarding the scheduling of airline operations at any commercial airport in the United States if such regulation or action involves:(1) the auctioning by the Secretary or the FAA Administrator of rights or permission to conduct airline operations at such an airport,(2) the implementation by said Secretary or Administrator of peak-period or other forms of congestion pricing at such an airport,(3) either: (A) withdrawal by the Secretary or Administrator of a right or permission to conduct operations at such an 123 STAT. 922 airport (except when the withdrawal is for operational reasons or pursuant to the terms or conditions of such operating right or permission), or(B) requiring a carrier to transfer involuntarily any such right or permission to another person, (4) the charging by the Secretary or Administrator of a fee for the right or permission to use navigable airspace at such an airport, or(5) requiring or providing incentives or disincentives to airport proprietors to take such actions themselves.(b) Nothing in this section shall be construed to:(1) prohibit the Secretary or the Administrator from imposing per-operation limitations on airports for the purpose of alleviating congestion at such airports,(2) prohibit individual airports from implementing peak-period or other congestion pricing at such airports, consistent with regulations pertaining to airport rates and charges, or(3) limit the ability of a State, political subdivision of a State, or political authority of at least two States that owns or operates a commercial airport from carrying out its proprietary powers and rights.