II 118th CONGRESS 2d Session S. 4269 IN THE SENATE OF THE UNITED STATES May 7, 2024 Ms. Warren (for herself and Mr. Hawley ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend title 49, United States Code, to promote competition in aviation regulation, and for other purposes.

1. Short title This Act may be cited as the Airport Gate Competition Act . 2. 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 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).