[Congressional Record Volume 170, Number 79 (Tuesday, May 7, 2024)]
[Senate]
[Pages S3509-S3510]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2006. Ms. WARREN (for herself and Mr. Hawley) 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:

       At the appropriate place, insert the following:

     SEC. ___. PROMOTING COMPETITION IN AVIATION REGULATION.

       (a) Promoting Competition.--Section 40101(d) of title 49, 
     United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(8) promoting competition.''.
       (b) Maintaining and Enhancing Competition in Slot 
     Allocation.--Section 40103(b)(1) of title 49, United States 
     Code, is amended by inserting ``In doing so, the 
     Administrator shall consider the need to maintain or enhance 
     competition in the air transportation system.'' after 
     ``efficient use of airspace.''.
       (c) Ensuring Reasonable Access.--
       (1) General written assurances.--
       (A) In general.--Section 47107(a)(1) of title 49, United 
     States Code, is amended by inserting ``, and the airport 
     proprietor will take all practicable steps to accommodate 
     requests for reasonable access (as defined in subsection (x)) 
     to terminal facilities'' after ``unjust discrimination''.
       (B) Standards for reasonable access.--Section 47107 of 
     title 49, United States Code, is amended by adding at the end 
     the following new subsection:
       ``(x) Definitions.--In this section:
       ``(1) Common use.--The term `common use' means nonexclusive 
     use in common by air carriers and other duly authorized users 
     of the airport.
       ``(2) Reasonable access.--The term `reasonable access' 
     means, with respect to terminal facilities, that--
       ``(A) not less than 25 percent of terminal facilities at an 
     airport are available for common use; and
       ``(B) not more than 50 percent of terminal facilities are 
     reserved for exclusive use by a single air carrier.
       ``(3) Terminal facilities.--The term `terminal facilities' 
     means facilities within the terminal of an airport, including 
     gates, ticket counters, baggage claim areas, and baggage make 
     up system spaces.''.
       (2) Lease approval.--Section 47107 of title 49, United 
     States Code, as amended by paragraph (1), is amended by 
     adding at the end the following new subsection:
       ``(y) Written Assurances on Lease Agreements.--The 
     Secretary of Transportation may approve an application under 
     this subchapter for an airport development project grant only 
     if the Secretary receives written assurances, satisfactory to 
     the Secretary, that, with respect to any airport

[[Page S3510]]

     serving 0.25 percent or more of the total annual enplanements 
     in the United States (calculated on a rolling 5-year average) 
     and with more than 50 percent of passengers (calculated on a 
     rolling 5-year average) handled by 2 air carriers or less, 
     the airport owner shall submit to the Secretary any proposed 
     lease, lease amendment, or lease extension (including 
     carryover provisions) for advance approval, as well as a 
     statement detailing how such proposed lease, lease amendment, 
     or lease extension maintains or enhances competition in the 
     air transportation system.''.
       (d) Competition Plans.--Section 40117(d) of title 49, 
     United States Code, is amended--
       (1) in paragraph (3), by striking ``and'';
       (2) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(5) beginning in fiscal year 2026, in the case of an 
     application for a terminal project, the project will provide 
     for reasonable access (as defined in section 47107(x)) to 
     terminal facilities.''.
       (e) Competition Disclosure.--Section 47107(r) of title 49, 
     United States Code, is amended by striking paragraph (3).
                                 ______