[Congressional Record Volume 170, Number 75 (Wednesday, May 1, 2024)]
[Senate]
[Page S3254]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1915. Mr. BROWN submitted an amendment intended to be proposed by 
him 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:

       At the appropriate place, insert the following:

     SEC. __. ECONOMIC NON-DISCRIMINATION.

       (a) In General.--Each entity that provides commercial 
     ground transportation to users of an airport shall be subject 
     to the same rates, fees, rentals, and other charges as are 
     uniformly applicable to all other such users (including 
     entities controlled by the airport) making the same or 
     similar physical use of such airport and using similar 
     facilities.
       (b) Essential Nexus to Legitimate Public Purpose.--All 
     rates, fees, rentals, and other charges described in 
     subsection (a) shall--
       (1) have an essential nexus to a legitimate public purpose;
       (2) be roughly proportionate to the impact the physical use 
     has on airport facilities; and
       (3) be no greater than necessary to cover the costs of such 
     impact of the physical use.
       (c) Burden of Proof.--An airport shall have the burden of 
     proving the instituting rates, fees, rentals, and other 
     charges described under subsection (a).
       (d) Nondiscriminatory and Substantially Comparable Rules, 
     Regulations, and Conditions.--Each entity described in 
     subsection (a) shall be subject to such nondiscriminatory and 
     substantially comparable rules, regulations, and conditions 
     and provided equivalent access rights to the airport as are 
     applicable or provided to all such other entities which make 
     the same or similar physical use of such airport and use 
     similar facilities.
       (e) Reasonable Classifications.--An airport shall be 
     permitted to make reasonable classifications between entities 
     described in subsection (a), except any classifications not 
     rationally related to the safe operation of the airport, such 
     as those classifications based on presumed benefits derived, 
     degree of economic harm to the airport, or anti-competitive 
     motives.
       (f) Reasonable Justification.--Neither the rules, 
     regulations, and conditions applicable, nor the access rights 
     provided to, an entity described in subsection (a) shall 
     prevent, restrict, or distort such entity's ability to 
     compete with any other such entities, including the entities 
     controlled by the airport, without a reasonable justification 
     that benefits the public interest.
       (g) Classification.--Classification or status as a specific 
     type of entity described in subsection (a) shall not be 
     unreasonably withheld by any airport provided a commercial 
     ground transportation user assumes obligations substantially 
     similar to those already imposed on other such entities in 
     such classification or status.
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