[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 633 Reported in Senate (RS)]






                                                       Calendar No. 421
107th CONGRESS
  2d Session
                                 S. 633

                          [Report No. 107-162]

To provide for the review and management of airport congestion, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 27, 2001

     Mrs. Hutchison (for herself, Mr. Rockefeller, and Mr. McCain) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

                             June 13, 2002

              Reported by Mr. Hollings, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To provide for the review and management of airport congestion, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Aviation Delay Prevention 
Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Air carrier.--The term ``air carrier'' has the 
        meaning given that term in section 40102(a)(2) of title 49, 
        United States Code.</DELETED>
        <DELETED>    (2) Enplanement.--The term ``enplanement'' means 
        the annual number of passenger enplanements, as determined by 
        the Secretary of Transportation, based on the most recent data 
        available.</DELETED>
        <DELETED>    (3) Large hub airport.--The term ``large hub 
        airport'' has the meaning given that term in section 
        47134(d)(2) of title 49, United States Code.</DELETED>
        <DELETED>    (4) On-time departure.--The term ``on-time 
        departure'' means with respect to a scheduled passenger flight 
        that the flight is airborne within 20 minutes of the time it is 
        scheduled to depart.</DELETED>
        <DELETED>    (5) Overscheduling.--The term ``overscheduling'' 
        means the practice by an air carrier or air carriers of 
        scheduling the time for the departure of flights at an airport 
        in excess of the number of flights that the airport can 
        accommodate for departure at that time.</DELETED>
        <DELETED>    (6) Secretary.--The term ``Secretary'' means the 
        Secretary of Transportation.</DELETED>

<DELETED>SEC. 3. FAA STUDY AND REPORT.</DELETED>

<DELETED>    (a) In General.--Not later than the date that is 1 year 
after the date of enactment of this Act, and each year thereafter for 5 
years, the Secretary shall complete a review and report to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the House of 
Representatives regarding air carrier overscheduling at large hub 
airports.</DELETED>
<DELETED>    (b) Scope of Review and Report.--The review and report 
described in subsection (a) shall include the following:</DELETED>
        <DELETED>    (1) The hourly departure and arrival capacity at 
        each large hub airport, including variation of capacity based 
        on air traffic control and other factors.</DELETED>
        <DELETED>    (2) The hours when departures and arrivals at each 
        large hub airport are overscheduled and the airport operates 
        above capacity.</DELETED>
        <DELETED>    (3) An analysis of the congestion mitigation 
        authority of the Secretary and recommendations for providing 
        the Secretary with additional authority to alleviate airport 
        congestion and overscheduling and to expedite construction 
        related to the expansion of airport capacity.</DELETED>

<DELETED>SEC. 4. LIMITED EXEMPTION FROM ANTITRUST LAWS.</DELETED>

<DELETED>    (a) In General.--Subchapter I of chapter 417 of title 49, 
United States Code, is amended by adding at the end the following new 
section:</DELETED>
<DELETED>``Sec. 41722. Limited exemption from the antitrust 
              laws</DELETED>
<DELETED>    ``(a) Definition.--In this section, the term `antitrust 
laws' has the meaning given that term in the first section of the 
Clayton Act (15 U.S.C. 12).</DELETED>
<DELETED>    ``(b) Cooperative Scheduling Agreements.--</DELETED>
        <DELETED>    ``(1) Authority.--An air carrier may file with the 
        Secretary of Transportation a request for authority for a group 
        of 2 or more air carriers to discuss cooperative scheduling 
        arrangements, if the sole purpose of the discussions is to 
        reach an agreement between the air carriers to reduce 
        overscheduling and flight delays during hours of peak operation 
        and during periods of inclement weather at any large hub 
        airport. The Secretary shall grant or deny the request within 
        30 days after it is received.</DELETED>
        <DELETED>    ``(2) Agreement.--An air carrier shall file with 
        the Secretary of Transportation, for the approval by the 
        Secretary, a true copy of an agreement reached under paragraph 
        (1).</DELETED>
<DELETED>    ``(c) Approval by the Secretary.--</DELETED>
        <DELETED>    ``(1) In general.--Within 60 days after receiving 
        a copy of an agreement under subsection (b), the Secretary of 
        Transportation shall approve the agreement and issue an order 
        containing that approval, if the Secretary finds that the 
        agreement--</DELETED>
                <DELETED>    ``(A) will reduce congestion at the 
                affected airport;</DELETED>
                <DELETED>    ``(B) will not reduce service to small 
                communities; and</DELETED>
                <DELETED>    ``(C) is not adverse to the public 
                interest.</DELETED>
        <DELETED>    ``(2) Grounds for disapproval.--</DELETED>
                <DELETED>    ``(A) The Secretary shall disapprove or 
                revoke approval of an agreement filed under subsection 
                (b), if after review, the Secretary finds that any 
                discussion or agreement entered into as a result of 
                that filing substantially reduces or eliminates 
                competition.</DELETED>
                <DELETED>    ``(B) Notwithstanding subparagraph (A), 
                the Secretary may approve a request or an agreement 
                filed under subsection (b) if the Secretary finds 
                that--</DELETED>
                        <DELETED>    ``(i) the request or agreement is 
                        necessary to meet a serious transportation need 
                        or to achieve important public benefits; 
                        and</DELETED>
                        <DELETED>    ``(ii) the transportation need 
                        cannot be met or the benefits cannot be 
                        achieved by reasonably available alternatives 
                        that are materially less 
                        anticompetitive.</DELETED>
        <DELETED>    ``(3) Notice and opportunity to respond; 
        hearings.--</DELETED>
                <DELETED>    ``(A) Notice and opportunity to respond.--
                When a request or an agreement is filed with the 
                Secretary under subsection (b), the Secretary shall 
                give the Attorney General written notice of, and an 
                opportunity to submit written comments about, the 
                filing.</DELETED>
                <DELETED>    ``(B) Hearing.--On the initiative of the 
                Secretary, or at the request of the Attorney General, 
                the Secretary may conduct a hearing to decide if a 
                request or agreement filed under subsection (b) should 
                receive or retain approval.</DELETED>
<DELETED>    ``(d) Exemption Authorized.--When the Secretary finds that 
it is required by the public interest, the Secretary, as part of an 
order issued under subsection (c)(1), shall exempt a person affected by 
the order from the antitrust laws to the extent necessary to allow the 
person to proceed with the activities approved in the order.</DELETED>
<DELETED>    ``(e) DOT Participation.--The Secretary shall ensure that 
the Department is represented at any such meetings authorized under 
this section.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The chapter analysis for 
chapter 417, of title 49, United States Code, is amended by inserting 
after the item relating to section 41721 the following new 
item:</DELETED>

<DELETED>``41722. Limited exemption from the antitrust laws.''.

<DELETED>SEC. 5. EXPEDITED COORDINATED ENVIRONMENTAL REVIEW 
              PROCESS.</DELETED>

<DELETED>    The Secretary of Transportation shall develop and 
implement an expedited coordinated environmental review process for 
airport capacity-enhancement projects that--</DELETED>
        <DELETED>    (1) provides for coordination among the Federal, 
        regional, State, and local agencies concerned with the 
        preparation of environmental impact statements or environmental 
        assessments under the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.);</DELETED>
        <DELETED>    (2) provides for an expedited and coordinated 
        process in the conduct of environmental and judicial reviews 
        that ensures that the reviews are done concurrently and not 
        consecutively; and</DELETED>
        <DELETED>    (3) provides for a date certain for completing all 
        environmental reviews.</DELETED>

<DELETED>SEC. 6. CHIEF OPERATING OFFICER.</DELETED>

<DELETED>    Section 106(r)(2) of title 49, United States Code, is 
amended to read as follows:</DELETED>
        <DELETED>    ``(2) Compensation.--The Chief Operating Officer 
        shall be paid at an annual rate of basic pay determined by the 
        Secretary of Transportation before the appointment and without 
        regard to any other provision of law. The Chief Operating 
        Officer shall be subject to the post-employment provisions of 
        section 207 of title 18 as if the position of Chief Operating 
        Officer were described in section 207(c)(2)(A)(i) of that 
        title.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Aviation Delay Prevention Act''.

SEC. 2. TABLE OF SECTIONS.

    The table of sections for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of sections.
                              Title I--Aviation Delay Prevention
Sec. 101. Definitions.
Sec. 102. DOT study and report.
Sec. 103. Delay reduction meetings.
Sec. 104. Chief operating officer.
Sec. 105. Passenger facility fee definitional changes.
Sec. 106. DOT rulemaking to define on-time departure.
Sec. 107. Construction of air traffic control towers.
Sec. 108. Air quality standards report.
Sec. 109. Special rule for airport in Illinois.
Sec. 110. Categorical exclusions.
Sec. 111. Alternatives analysis.
Sec. 112. Elimination of duplicative requirements.
                              Title II--National Capacity Projects
Sec. 201. Findings.
Sec. 202. National capacity projects.
Sec. 203. Increase in apportionment for, and flexibility of, noise 
                            compatibility planning programs.
Sec. 204. Secretary of Transportation to identify airport congestion-
                            relief projects and forecast airport 
                            operations annually.
Sec. 205. Quarterly status reports.

                   TITLE I--AVIATION DELAY PREVENTION

SEC. 101. DEFINITIONS.

    In this title:
            (1) Air carrier.--The term ``air carrier'' has the meaning 
        given that term in section 40102(a)(2) of title 49, United 
        States Code.
            (2) Enplanement.--The term ``enplanement'' means the annual 
        number of passenger enplanements, as determined by the 
        Secretary of Transportation, based on the most recent data 
        available.
            (3) Large hub airport.--The term ``large hub airport'' has 
        the meaning given that term in section 47134(d)(2) of title 49, 
        United States Code.
            (4) Overscheduling.--The term ``overscheduling'' means the 
        practice by an air carrier or air carriers of scheduling the 
        time for the departure of flights at an airport in excess of 
        the number of flights that the airport can accommodate for 
        departure at that time.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

SEC. 102. DOT STUDY AND REPORT.

    (a) In General.--Not later than the date that is 1 year after the 
date of enactment of this Act, and each year thereafter for 5 years, 
the Secretary shall complete a review and report to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives 
regarding air carrier overscheduling and air carrier scheduling 
practices, including flight cancellations for economic reasons at large 
hub airports.
    (b) Scope of Review and Report.--The review and report described in 
subsection (a) shall--
            (1) take into account the findings and conclusions 
        contained in the Federal Aviation Administration's Airport 
        Capacity Benchmark Report 2001; and
            (2) include an analysis of the congestion mitigation 
        authority of the Secretary and recommendations for providing 
        the Secretary with additional authority to alleviate airport 
        congestion and overscheduling and to expedite construction 
        related to the expansion of airport capacity.

SEC. 103. DELAY REDUCTION MEETINGS.

    (a) In General.--Subchapter I of chapter 417 of title 49, United 
States Code, is amended by adding at the end the following new section:
``Sec. 41723. Delay reduction actions
    ``(a) Delay Reduction Meetings.--
            ``(1) Scheduling reduction meetings.--The Secretary of 
        Transportation may request that air carriers meet with the 
        Administrator of the Federal Aviation Administration to discuss 
        flight reductions at severely congested airports to reduce 
        overscheduling and flight delays during hours of peak operation 
        if--
                    ``(A) the Administrator of the Federal Aviation 
                Administration determines that it is necessary to 
                convene such a meeting; and
                    ``(B) the Secretary determines that the meeting is 
                necessary to meet a serious transportation need or 
                achieve an important public benefit.
            ``(2) Meeting conditions.--Any meeting under paragraph 
        (1)--
                    ``(A) shall be chaired by the Administrator;
                    ``(B) shall be open to all scheduled air carriers; 
                and
                    ``(C) shall be limited to discussions involving the 
                airports and time periods described in the 
                Administrator's determination.
            ``(3) Flight reduction targets.--Before any such meeting is 
        held, the Administrator shall establish flight reduction 
        targets for the meeting and notify the attending air carriers 
        of those targets not less than 48 hours before the meeting.
            ``(4) Delay reduction offers.--An air carrier attending the 
        meeting shall make any delay reduction offer to the 
        Administrator rather than to another carrier.
            ``(5) Transcript.--The Administrator shall ensure that a 
        transcript of the meeting is kept and made available to the 
        public not later than 3 business days after the conclusion of 
        the meeting.
    ``(b) Stormy Weather Agreements Limited Exemption.--
            ``(1) In general.--The Secretary may establish a program to 
        authorize by order discussions and agreements between 2 or more 
        air carriers for the purpose of reducing flight delays during 
        periods of inclement weather.
            ``(2) Requirements.--An authorization issued under 
        paragraph (1)--
                    ``(A) may only be issued by the Secretary after a 
                determination by the Federal Aviation Administration 
                that inclement weather is likely to adversely and 
                directly affect capacity at an airport for a period of 
                at least 3 hours;
                    ``(B) shall apply only to discussions and 
                agreements concerning flights directly affected by the 
                inclement weather; and
                    ``(C) shall remain in effect for a period of 24 
                hours.
            ``(3) Procedure.--The Secretary shall establish procedures 
        within 30 days after such date of enactment for--
                    ``(A) filing requests for an authorization under 
                paragraph (1);
                    ``(B) participation under paragraph (5) by 
                representatives of the Department of Transportation in 
                any meetings or discussions held pursuant to such an 
                order; and
                    ``(C) the determination by the Federal Aviation 
                Administration about the impact of inclement weather.
            ``(4) Copy of participation request filed with secretary.--
        Before an air carrier may request an order under paragraph (1), 
        it shall file a request with the Secretary, in such form and 
        manner as the Secretary may prescribe, to participate in the 
        program established under paragraph (1).
            ``(5) DOT Participation.--The Secretary shall ensure that 
        the Department is represented at any meetings authorized under 
        this subsection.
    ``(c) Exemption Authorized.--When the Secretary finds that it is 
required by the public interest, the Secretary, as part of an order 
issued under subsection (b)(1), shall exempt a person affected by the 
order from the antitrust laws to the extent necessary to allow the 
person to proceed with the activities approved in the order.
    ``(d) Antitrust Laws Defined.--In this section, the term `antitrust 
laws' has the meaning given that term in the first section of the 
Clayton Act (15 U.S.C. 12).
    ``(e) Sunset.--The authority of the Secretary to issue an order 
under subsection (b)(1) of this section expires at the end of the 2-
year period that begins 45 days after the date of enactment of the 
Aviation Delay Prevention Act. The Secretary may extend the 2-year 
period for an additional 2 years if the Secretary determines that such 
an extension is necessary and in the public interest. The Secretary 
shall notify the Senate Committee on Commerce, Science, and 
Transportation, and to the House of Representatives Committee on 
Transportation and Infrastructure of any such extension.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 417, of 
title 49, United States Code, is amended by inserting after the item 
relating to section 41722 the following new item:

``41723. Delay reduction actions.''.

SEC. 104. CHIEF OPERATING OFFICER.

    Section 106(r)(2) of title 49, United States Code, is amended to 
read as follows:
            ``(2) Compensation.--The Chief Operating Officer shall be 
        paid at an annual rate of basic pay determined by the Secretary 
        of Transportation before the appointment and without regard to 
        any other provision of law. The Chief Operating Officer shall 
        be subject to the post-employment provisions of section 207 of 
        title 18 as if the position of Chief Operating Officer were 
        described in section 207(c)(2)(A)(i) of that title.''.

SEC. 105. PASSENGER FACILITY FEE DEFINITIONAL CHANGES.

    Section 40117(a) of title 49, United States Code, is amended--
            (1) by striking paragraph (3)(F) and inserting the 
        following:
                    ``(F) A project for constructing gates and related 
                areas at which passengers board or exit aircraft.
                    ``(G) In the case of a project required to enable 
                air service by a competing air carrier at a large hub 
                airport (as defined in section 41731):
                            ``(i) A project for constructing gates and 
                        related areas may include structural 
                        foundations and floor systems, exterior 
                        building walls and load-bearing interior 
                        columns or walls, windows, door and roof 
                        systems, building utilities (including heating, 
                        air conditioning, ventilation, plumbing, and 
                        electrical service) above, below, and within 
                        the footprint of the gates and related areas.
                            ``(ii) Revenue-producing areas in the 
                        remainder of the terminal building allocable to 
                        the competing air carrier, and aircraft fueling 
                        facilities adjacent to the gate, may be 
                        included in an eligible airport-related project 
                        to the extent the facilities to be constructed 
                        in such areas are for the basic accommodation 
                        of air passengers and not for general 
                        commercial retail sales, rental car facilities, 
                        or passenger lodging. For purposes of this 
                        clause, the determination of what revenue-
                        producing areas in the terminal building are 
                        allocable to the competing air carrier shall be 
                        based on the relationship that the square 
                        footage of the competing air carrier's gates 
                        and related areas bears to the square footage 
                        of all gates and related areas in the terminal 
                        building.''; and
            (2) by adding at the end the following:
            ``(6) Competing air carrier.--The term `competing air 
        carrier' means an air carrier that--
                    ``(A) is initiating new air service or expanding 
                existing air service at a large hub airport (as defined 
                in section 41731); and
                    ``(B) is not an air carrier described in section 
                47106(f)(3)(B) at that airport.''.

SEC. 106. DOT RULEMAKING TO DEFINE ON-TIME DEPARTURE.

    The Secretary of Transportation shall, by means of the rulemaking 
required by section 227 of the Wendell H. Ford Aviation Investment and 
Reform Act for the 21st Century, define the term ``on-time departure'', 
as it relates to scheduled airline passenger flights. The rulemaking 
shall provide expedited procedures to ensure that it is concluded no 
later than 120 days after the date of enactment of this Act. The 
definition shall not include a flight that first becomes airborne more 
than 45 minutes after its scheduled departure time. The rule making 
shall set forth requirements for making accurate and timely information 
available to airline customers about the on-time status of flights.

SEC. 107. CONSTRUCTION OF AIR TRAFFIC CONTROL TOWERS.

    (a) In General.--Section 47124(b) of title 49, United States Code, 
is amended by striking paragraph (4) and inserting the following:
            ``(4) Construction of air traffic control towers.--
                    ``(A) In general.--Notwithstanding any other 
                provision of this subchapter, the Secretary may provide 
                grants under this subchapter to an airport sponsor 
                for--
                            ``(i) the construction or improvement of a 
                        nonapproach control tower; or
                            ``(ii) the acquisition and installation of 
                        air traffic control equipment to be used in a 
                        nonapproach control tower that will assist in 
                        sustaining or improving the safe and efficient 
                        movement of air traffic.
                    ``(B) Eligibility.--A sponsor shall be eligible for 
                a grant under this paragraph if--
                            ``(i)(I) the sponsor is a participant in 
                        the Federal Aviation Administration Contract 
                        Tower Program (as described in paragraph 
                        (3)(A)) or the pilot program established under 
                        paragraph (3); or
                            ``(II) construction of a nonapproach 
                        control tower would qualify the sponsor to be 
                        eligible to participate in the Federal Aviation 
                        Administration Contract Tower Program or pilot 
                        program; and
                            ``(ii) the sponsor agrees to fund not less 
                        than 10 percent of the cost of the activities 
                        receiving assistance under this paragraph.
                    ``(C) Project costs.--Grants under this paragraph 
                shall be paid only from amounts made available to the 
                sponsor under sections 47114(c)(1) and (d)(3)(A).
                    ``(D) Federal share.--The Federal share of the cost 
                of construction of a nonapproach control tower under 
                this paragraph may not exceed $1,100,000.
            ``(5) Non-approach control tower defined.--In this 
        subsection, the term `nonapproach control tower' has the 
        meaning given such term in Federal Aviation Administration 
        Order 7110.65 (as in effect on the date of enactment of the 
        Aviation Delay Prevention Act) and the Aeronautical Information 
        Manual (as in effect on such date of enactment).''.
    (b) Conforming Amendment.--Section 47124(b)(3)(A) of such title is 
amended by striking ``Level I air traffic control towers, as defined by 
the Secretary,'' and inserting ``nonapproach control towers''.

SEC. 108. AIR QUALITY STANDARDS REPORT.

    (a) National Academy of Sciences.--In conducting the study required 
by section 725 of the Wendell H. Ford Aviation Investment and Reform 
Act for the 21st Century, the National Academy of Sciences shall work 
with the Director of the Centers for Disease Control and Prevention in 
considering the actual measurements of contaminants of concern (as 
defined by the National Academy of Sciences in conjunction with the 
Centers).
    (b) Report.--The Administrator of the Federal Aviation 
Administration shall report the results of the study carried out under 
section 725 of that Act to the Senate Committee on Commerce, Science, 
and Transportation and the House of Representatives Committee on 
Transportation and Infrastructure no later than January 31, 2002.

SEC. 109. SPECIAL RULE FOR AIRPORT IN ILLINOIS.

  (a) In General.--Nothing in this Act shall be construed to preclude 
the application of any provision of this Act to the State of Illinois 
or any other sponsor of a new airport proposed to be constructed in the 
State of Illinois.
    (b) Authority of the Governor.--Nothing in this Act shall be 
construed to preempt the authority of the Governor of the State of 
Illinois as of August 1, 2001, to approve or disapprove airport 
development projects.

SEC. 110. CATEGORICAL EXCLUSIONS.

    Not later than 30 days after the date of enactment of this Act, the 
Secretary of Transportation shall report to the Senate Committee on 
Commerce, Science, and Transportation on the categorical exclusions 
currently recognized and provide a list of proposed additional 
categorical exclusions from the requirement that an environmental 
assessment or an environmental impact statement be prepared under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for 
projects at airports. In determining the list of additional proposed 
categorical exclusions, the Secretary shall include such other projects 
as the Secretary determines should be categorically excluded in order 
to ensure that Department of Transportation environmental staff 
resources are not diverted to lower priority tasks and are available to 
expedite the environmental reviews of airport capacity enhancement 
projects at congested airports.

SEC. 111. ALTERNATIVES ANALYSIS.

    (a) Notice Requirement.--Not later than 30 days after the date on 
which the Secretary of Transportation identifies an airport capacity 
enhancement project at a congested airport under section 47171(c) of 
title 49, United States Code, the Secretary shall publish a notice in 
the Federal Register requesting comments on whether reasonable 
alternatives exist to the project.
    (b) Certain Reasonable Alternatives Defined.--For purposes of this 
section, an alternative shall be considered reasonable if--
            (1) the alternative does not create an unreasonable burden 
        on interstate commerce, the national aviation system, or the 
        navigable airspace;
            (2) the alternative is not inconsistent with maintaining 
        the safe and efficient use of the navigable airspace;
            (3) the alternative does not conflict with a law or 
        regulation of the United States;
            (4) the alternative would result in at least the same 
        reduction in congestion at the airport or in the national 
        aviation system as the proposed project; and
            (5) in any case in which the alternative is a proposed 
        construction project at an airport other than a congested 
        airport, firm commitments to provide such alternate airport 
        capacity exists, and the Secretary determines that such 
        alternate airport capacity will be available no later than 4 
        years after the date of the Secretary's determination under 
        this section.
    (c) Comment Period.--The Secretary shall provide a period of 60 
days for comments on a project identified by the Secretary under this 
section after the date of publication of notice with respect to the 
project.
    (d) Determination of Existence of Reasonable Alternatives.--Not 
later than 90 days after the last day of a comment period established 
under subsection (c) for a project, the Secretary shall determine 
whether reasonable alternatives exist to the project. The determination 
shall be binding on all persons, including Federal and State agencies, 
acting under or applying Federal laws when considering the availability 
of alternatives to the project.
    (e) Limitation on Applicability.--This section does not apply to--
            (1) any alternatives analysis required under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et. seq.); or
            (2) a project at an airport if the airport sponsor 
        requests, in writing, to the Secretary that this section not 
        apply to the project.

SEC. 112. ELIMINATION OF DUPLICATIVE REQUIREMENTS.

    (a) In General.--Section 47106(c)(1) of title 49, United States 
Code, is amended--
            (1) by inserting ``and'' after ``project;'' in subparagraph 
        (A)(ii);
            (2) by striking subparagraph (B); and
            (3) by redesignating subparagraph (C) as subparagraph (B).
    (b) Conforming Amendments.--Section 47106(c) of such title is 
amended--
            (1) by striking paragraph (4);
            (2) by redesignating paragraph (5) as paragraph (4); and
            (3) by striking ``(1)(C)'' in paragraph (4), as 
        redesignated, and inserting ``(1)(B)''.

                  TITLE II--NATIONAL CAPACITY PROJECTS

SEC. 201. FINDINGS.

    The Congress finds the following:
            (1) The National Airspace System safely handles over 
        200,000 take-offs and landings each day.
            (2) Last year, over 670 million passengers travel by 
        commercial air carriers. Within the next 10 years, it is 
        forecast that 1 billion passengers will be served within the 
        national airspace system.
            (3) While there has been a dramatic growth in commercial 
        air traffic, the infrastructure has not grown in the same 
        manner. There is no easy solution to expand our aviation 
        system. Runway construction underway today at many airports 
        will be beneficial. At a number of the most severely congested 
        airports, such as LaGuardia and Newark, no plans for capacity 
        expansion are currently underway. Other capacity measures will 
        be needed. As a result, we are experiencing severe congestion 
        in our Nation's skyways.
            (4) At 15 of the Nation's top 31 airports, runway 
        construction or other major capacity programs are already 
        underway. These projects are critical steps, but by themselves 
        are not sufficient to expand capacity adequately to meet 
        current and projected needs.
            (5) New airport construction and new runway construction 
        projects are local decisions that are supported by the Federal 
        government through the Airport Improvement Program and other 
        programs. Given the importance of air travel to our economy, 
        however, it is critical that the Federal government do all it 
        can to facilitate expansion.
            (6) To facilitate the construction of projects at our 
        Nation's airports or for the construction of new airports which 
        will substantially relieve congestion in the air, the Federal 
        government must direct airport sponsors and work with 
        surrounding local communities to better use Federal grants to 
        provide not only for construction but to provide a more 
        effective means of mitigation of the increased capacity and 
        traffic at the airports.

SEC. 202. NATIONAL CAPACITY PROJECTS.

    (a) In General.--Part B of subtitle VII of title 49, United States 
Code, is amended by adding at the end the following:

               ``CHAPTER 477. NATIONAL CAPACITY PROJECTS

``47701. Capacity enhancement
``47702. Designation of national capacity projects
``47703. Expedited coordinated environmental review process; project 
                            coordinators and environment impact teams.
``47704. Compatible land use initiative for national capacity projects
``47705. Air traffic procedures at national capacity projects
``47706. Pilot program for environmental review at national capacity 
                            projects
``47707. Definitions
``Sec. 47701. Capacity enhancement
    ``(a) In General.--Within 30 days after the date of enactment of 
the Aviation Delay Prevention Act, the Secretary of Transportation 
shall identify those airports among the 31 airports covered by the 
Federal Aviation Administration's Airport Capacity Benchmark Report 
2001 with delays that significantly affect the national air 
transportation system.
    ``(b) Task Force; Capacity Enhancement Study.--
            ``(1) In general.--The Secretary shall direct any airport 
        identified by the Secretary under subsection (a) that is not 
        engaged in a runway expansion process and has not initiated a 
        capacity enhancement study (or similar capacity assessment) 
        since 1996--
                    ``(A) to establish a delay reduction task force to 
                study means of increasing capacity at the airport, 
                including air traffic, airline scheduling, and airfield 
                expansion alternatives; or
                    ``(B) to conduct a capacity enhancement study.
            ``(2) Scope.--The scope of the study shall be determined by 
        the airport and the Federal Aviation Administration, and where 
        appropriate shall consider regional capacity solutions.
            ``(3) Recommendations submitted to secretary.--
                    ``(A) Task force.--A task force established under 
                this subsection shall submit a report containing its 
                findings and conclusions, together with any 
                recommendations for capacity enhancement at the 
                airport, to the Secretary within 9 months after the 
                task force is established.
                    ``(B) CES.--A capacity enhancement study conducted 
                under this subsection shall be submitted, together with 
                its findings and conclusions, to the Secretary as soon 
                as the study is completed.
    ``(c) Runway Expansion and Reconfiguration.--If the report or study 
submitted under subsection (b)(3) includes a recommendation for the 
construction or reconfiguration of runways at the airport, then the 
Secretary and the airport shall complete the planning and environmental 
review process within 5 years after report or study is submitted to the 
Secretary. The Secretary may extend the 5-year deadline under this 
subsection for up to 1 year if the Secretary determines that such an 
extension is necessary and in the public interest. The Secretary shall 
notify the Senate Committee on Commerce, Science, and Transportation, 
and to the House of Representatives Committee on Transportation and 
Infrastructure of any such extension.
    ``(d) Airports That Decline To Undertake Expansion Projects.--
            ``(1) In general.--If an airport at which the construction 
        or reconfiguration of runways is recommended does not take 
        action to initiate a planning and environmental assessment 
process for the construction or reconfiguration of those runways within 
30 days after the date on which the report or study is submitted to the 
Secretary, then--
                    ``(A) the airport shall be ineligible for planning 
                and other expansion funds under subchapter I of chapter 
                471, notwithstanding any provision of that subchapter 
                to the contrary;
                    ``(B) no passenger facility fee may be approved at 
                that airport operator during the 5-year period 
                beginning 30 days after the date on which the report or 
                study is submitted to the Secretary, for--
                            ``(i) projects that, but for subparagraph 
                        (A), could have been funded under chapter 471; 
                        or
                            ``(ii) any project other than on-airport 
                        airfield-side capacity or safety-related 
                        projects.
            ``(2) Safety-related and environmental projects excepted.--
        Paragraph (1) does not apply to the use of funds for safety-
        related, security, or environment projects.
    ``(e) Airports That Take Action.--The Secretary shall take all 
actions possible to expedite funding and provide options for funding to 
any airport undertaking runway construction or reconfiguration projects 
in response to recommendations by its task force.
``Sec. 47702. Designation of national capacity projects
    ``(a) In General.--In response to a petition from an airport 
sponsor, or in the case of an airport on the list of airports covered 
by the Federal Aviation Administration's Airport Capacity Benchmarks 
study, the Secretary of Transportation may designate an airport 
development project as a national capacity project if the Secretary 
determines that the project to be designated will significantly enhance 
the capacity of the national air transportation system.
    ``(b) Designation To Remain in Effect for 5 Years.--The designation 
of a project as a national capacity project under paragraph (1) shall 
remain in effect for 5 years. The Secretary may extend the 5-year 
period for up to 2 additional years upon request if the Secretary finds 
that substantial progress is being made toward completion of the 
project.
``Sec. 47703. Expedited coordinated environmental review process; 
              project coordinators and environment impact teams.
    ``(a) In General.--The Secretary of Transportation shall implement 
an expedited coordinated environmental review process for national 
capacity projects that--
            ``(1) provides for better coordination among the Federal, 
        regional, State, and local agencies concerned with the 
        preparation of environmental impact statements or environmental 
        assessments under the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.);
            ``(2) provides for an expedited and coordinated process in 
        the conduct of environmental reviews that ensures that, where 
        appropriate, the reviews are done concurrently and not 
        consecutively; and
            ``(3) provides for a date certain for completing all 
        environmental reviews.
    ``(b) High Priority for Airport Environmental Reviews.--Each 
department and agency of the United States Government with jurisdiction 
over environmental reviews shall accord any such review involving a 
national capacity project the highest possible priority and conduct the 
review expeditiously. If the Secretary finds that any such department 
or agency is not complying with the requirements of this subsection, 
the Secretary shall notify the Senate Committee on Commerce, Science, 
and Transportation, and to the House of Representatives Committee on 
Transportation and Infrastructure immediately.
    ``(c) Project Coordinators; EIS Teams.--
            ``(1) Designation.--For each project designated by the 
        Secretary as a national capacity project under subsection (a) 
        for which an environmental impact statement or environmental 
        assessment must be filed, the Secretary shall--
                    ``(A) designate a project coordinator within the 
                Department of Transportation; and
                    ``(B) establish an environmental impact team within 
                the Department.
            ``(2) Function.--The project coordinator and the 
        environmental impact team shall--
                    ``(A) coordinate the activities of all Federal, 
                State, and local agencies involved in the project;
                    ``(B) to the extent possible, working with Federal, 
                State and local officials, reduce and eliminate 
                duplicative and overlapping Federal, State, and local 
                permit requirements;
                    ``(C) to the extent possible, eliminate duplicate 
                Federal, State, and local environmental review 
                procedures; and
                    ``(D) provide direction for compliance with all 
                applicable Federal, State, and local environmental 
                requirements for the project.
``Sec. 47704. Compatible land use initiative for national capacity 
              projects
    ``(a) In General.--The Secretary of Transportation may make grants 
under chapter 471 to States and units of local government for land use 
compatibility plans directly related to national capacity projects for 
the purposes of making the use of land areas around the airport 
compatible with aircraft operations if the land use plan or project 
meets the requirements of this section.
    ``(b) Conditions.--A land use plan or project meets the 
requirements of this section if it--
            ``(1) is sponsored by the public agency that has the 
        authority to plan and adopt land use control measures, 
        including zoning, in the planning area in and around the 
        airport and that agency provides written assurances to the 
        Secretary that it will work with the affected airport to 
        identify and adopt such measures;
            ``(2) does not duplicate, and is not inconsistent with, an 
        airport noise compatibility program prepared by an airport 
        owner or operator under chapter 475 or with other planning 
carried out by the airport.
            ``(3) is subject to an agreement between the public agency 
        sponsor and the airport owner or operator that the development 
        of the land use compatibility plan will be done cooperatively;
            ``(4) is consistent with the airport operation and 
        planning, including the use of any noise exposure contours on 
        which the land use compatibility planning or project is based; 
        and
            ``(5) has been approved jointly by the airport owner or 
        operator and the public agency sponsor.
    ``(c) Assurances from Sponsors.-- The Secretary may require the 
airport sponsor, public agency, or other entity to which a grant may be 
awarded under this section to provide such additional assurances, 
progress reports, and other information as the Secretary determines to 
be necessary to carry out this section.
``Sec. 47705. Air traffic procedures at national capacity projects
    ``(a) In General.--The Secretary of Transportation may consider 
prescribing flight procedures to avoid or minimize potentially 
significant adverse noise impacts of the project during the 
environmental planning process for a national capacity project that 
involves the construction of new runways or the reconfiguration of 
existing runways. If the Secretary determines that noise mitigation 
flight procedures are consistent with safe and efficient use of the 
navigable airspace, then, at the request of the airport sponsor, the 
Administrator may, in a manner consistent with applicable Federal law, 
commit to prescribing such procedures in any record of decision 
approving the project.
    ``(b) Modification.--Notwithstanding any commitment by the 
Secretary under subsection (a), the Secretary may initiate changes to 
such procedures if necessary to maintain safety and efficiency in light 
of new information or changed circumstances.
``Sec. 47706. Pilot program for environmental review at national 
              capacity projects
    ``(a) In General.--The Secretary of Transportation shall initiate a 
5-year pilot program funded by airport sponsors--
            ``(1) to hire additional fulltime-equivalent environmental 
        specialists and attorneys, or
            ``(2) to obtain the services of such specialists and 
        attorneys from outside the United States Government, to assist 
        in the provision of an appropriate nationwide level of staffing 
        for planning and environmental review of runway development 
        projects for national capacity projects at the Federal Aviation 
        Administration.
    ``(b) Eligible Participants.--Participation in the pilot program 
shall be available, on a voluntary basis, to airports with an annual 
passenger enplanement of not less than 3 million passengers. The 
Secretary shall specify the minimum contribution necessary to qualify 
for participation in the pilot program, which shall be not less than 
the amount necessary to compensate the Department of Transportation for 
the expense of a fulltime equivalent environmental specialist and 
attorney qualified at the GS-14 equivalent level.
    ``(c) Retention of Revenues.--The salaries and expenses account of 
the Federal Aviation Administration shall retain as an offsetting 
collection such sums as may be necessary from such proceeds for the 
costs of developing and implementing the program required by subsection 
(a). Such offsetting collections shall be available for obligation 
subject to the terms and conditions of the receiving appropriations 
account, and shall be deposited in such accounts on a quarterly basis. 
Such offsetting collections are authorized to remain available until 
expended for such purpose.
``Sec. 47707. Definitions
    ``In this chapter:
            ``(1) National capacity project.--The term `national 
        capacity project' means a project designated by the Secretary 
        under section 44702.
            ``(2) Other terms.--The definitions in section 47102 apply 
        to any terms used in this chapter that are defined in that 
        section.''.
    (b) Additional Staff Authorized.--The Secretary of Transportation 
is authorized to hire additional environmental specialists and 
attorneys needed to process environmental impact statements in 
connection with airport construction projects and to serve as project 
coordinators and environmental impact team members under section 47703 
of title 49, United States Code.
    (c) Clerical Amendment.--The analysis for subtitle VII of title 49, 
United States Code, is amended by inserting after the item relating to 
section 475 the following:

                        ``477. National capacity projects......47701''.

SEC. 203. INCREASE IN APPORTIONMENT FOR, AND FLEXIBILITY OF, NOISE 
              COMPATIBILITY PLANNING PROGRAMS.

    Section 47117(e)(1)(A) of title 49, United States Code, is 
amended--
            (1) by striking the first sentence and inserting: ``At 
        least 35 percent for grants for airport noise compatibility 
        planning under section 47505(a)(2) for a national capacity 
        project, for carrying out noise compatibility programs under 
        section 47504(c) of this title, and for noise mitigation 
        projects approved in an environmental record of decision for an 
        airport development project designated as a national capacity 
        project under section 47702.''; and
            (2) by striking ``or not such 34 percent requirement'' in 
        the second sentence and inserting ``the funding level required 
        by the preceding sentence''.

SEC. 204. SECRETARY OF TRANSPORTATION TO IDENTIFY AIRPORT CONGESTION-
              RELIEF PROJECTS AND FORECAST AIRPORT OPERATIONS ANNUALLY.

    (a) Identification of Projects.--
            (1) In general.--Within 90 days after the date of enactment 
        of this Act, the Secretary of Transportation shall provide--
                    (A) a list of planned air traffic and airport-
                capacity projects at congested Airport Capacity 
                Benchmark airports the completion of which will 
                substantially relieve congestion at those airports; and
                    (B) a list of options for expanding capacity at the 
                8 airports on the list at which the most severe delays 
                are occurring, to the Senate Committee on Commerce, 
                Science, and Transportation, and to the House of 
                Representatives Committee on Transportation and 
                Infrastructure. The Secretary shall provide updated 
                lists to those Committees 2 years after the date of 
                enactment of this Act.
            (2) Delisting of projects.--The Secretary shall remove a 
        project from the list provided to the Committees under 
        paragraph (1) upon the request, in writing, of an airport 
        operator if the operator states in the request that 
        construction of the project will not be completed within 10 
        years from the date of the request.

SEC. 205. QUARTERLY STATUS REPORTS.

    Beginning with the second calendar quarter ending after the date of 
enactment of this Act, the Secretary of Transportation shall provide 
quarterly status reports to the Senate Committee on Commerce, Science, 
and Transportation and the House of Representatives Committee on 
Transportation and Infrastructure on the status of construction of each 
major runway project undertaken at the largest 40 commercial airports 
in terms of annual enplanements (as defined in section 10-1(2) of this 
Act).




                                                       Calendar No. 421

107th CONGRESS

  2d Session

                                 S. 633

                          [Report No. 107-162]

_______________________________________________________________________

                                 A BILL

To provide for the review and management of airport congestion, and for 
                            other purposes.

_______________________________________________________________________

                             June 13, 2002

                       Reported with an amendment