II 110th CONGRESS 2d Session S. 3150 IN THE SENATE OF THE UNITED STATES June 18, 2008 Mr. Schumer introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To prohibit the Secretary of Transportation or the Administrator of the Federal Aviation Administration from conducting auctions, implementing congestion pricing, limiting airport operations, or charging certain use fees at airports.

1.

Short title

This Act may be cited as the Access to Air Travel Act.

2.

Prohibition on federally-imposed auctions and congestion pricing at commercial airports

(a)

In general

Notwithstanding any other provision of law, the Secretary of Transportation and the Administrator of the Federal Aviation Administration may not promulgate any regulation or take any action to regulate the scheduling of airline operations at any commercial airport in the United States if such regulation or action includes the Secretary or the Administrator— (1)auctioning rights or permission to conduct airline operations at such airport; (2)implementing peak-period pricing or another form of congestion pricing at such airport; (3)(A)withdrawing the right or permission to conduct operations at such airport (except for a withdrawal for operational reasons or pursuant to the terms or conditions of such right or permission); or (B)requiring a carrier to transfer any such right or permission to another person; (4)charging a fee for the right or permission to use navigable airspace at such airport; or (5)requiring, or providing incentives or disincentives to, airport proprietors to take any of the actions described in paragraphs (1) through (4). (b)

Savings provision

Nothing in this Act may be construed to limit the ability of a State, a political subdivision of a State, or a political authority of more than 1 State that owns or operates a commercial airport from carrying out its proprietary powers and rights.