S.Amdt. 2006

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).
______