S.Amdt. 1915

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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