[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 592 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 592

                      To expand aviation capacity.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 5, 2003

    Mr. Lipinski (for himself, Mr. Davis of Illinois, Mr. Kirk, Mr. 
Costello, Mr. Emanuel, Ms. Schakowsky, Mr. Gutierrez, Mr. Manzullo, Mr. 
     Shimkus, Mr. Johnson of Illinois, Mr. Evans, and Mr. Boswell) 
 introduced the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
                      To expand aviation capacity.

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

SECTION 1. SHORT TITLE.

    This title may be cited as the ``National Aviation Capacity 
Expansion Act of 2003''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) O'Hare International Airport consistently ranks as the 
        Nation's first or second busiest airport with nearly 34,000,000 
        annual passengers enplanements, almost all of whom travel in 
        inter-state or foreign commerce. The Federal Aviation 
        Administration's most recent data, compiled in the Airport 
        Capacity Benchmark Report 2001, projects demand at O'Hare to 
        grow by 18 percent over the next decade. O'Hare handles 
        72,100,000 passengers annually, compared with 64,600,000 at 
        London Heathrow International Airport, Europe's busiest 
        airport, and 36,700,000 at Kimpo International Airport, Korea's 
        busiest airport, 7,400,000 at Narita International Airport, 
        Japan's busiest airport, 23,700,000 at Kingsford-Smith 
        International Airport, Australia's busiest airport, and 
        6,200,000 at Ezeiza International Airport, Argentina's busiest 
        airport, as well as South America's busiest airport.
            (2) The Airport Capacity Benchmark Report 2001 ranks O'Hare 
        as the third most delayed airport in the United States. 
        Overall, slightly more than 6 percent of all flights at O'Hare 
        are delayed significantly (more than 15 minutes). On good 
        weather days, scheduled traffic is at or above capacity for 
        3\1/2\ hours of the day with about 2 percent of flights at 
        O'Hare delayed significantly. In adverse weather, capacity is 
        lower and scheduled traffic exceeds capacity for 8 hours of the 
        day, with about 12 percent of the flights delayed.
            (3) The city of Chicago, Illinois, which owns and operates 
        O'Hare, has been unable to pursue projects to increase the 
        operating capability of O'Hare runways and thereby reduce 
        delays because the city of Chicago and the State of Illinois 
        have been unable for more than 20 years to agree on a plan for 
        runway reconfiguration and development. State law states that 
        such projects at O'Hare require State approval.
            (4) On December 5, 2001, the Governor of Illinois and the 
        Mayor of Chicago reached an agreement to allow the city to go 
        forward with a proposed capacity enhancement project for O'Hare 
        which involves redesign of the airport's runway configuration.
            (5) In furtherance of such agreement, the city, with 
        approval of the State, applied for and received a master-
        planning grant from the Federal Aviation Administration for the 
        capacity enhancement project.
            (6) The agreement between the city and the State is not 
        binding on future Governors of Illinois.
            (7) Future Governors of Illinois could stop the O'Hare 
        capacity enhancement project by refusing to issue a certificate 
        required for such project under the Illinois Aeronautics Act, 
        or by refusing to submit airport improvement grant requests for 
        the project, or by improperly administering the State 
        implementation plan process under the Clean Air Act (42 U.S.C. 
        7401 et seq.) to prevent construction and operation of the 
        project.
            (8) The city of Chicago is unwilling to continue to go 
        forward with the project without assurance that future 
        Governors of Illinois will not be able to stop the project, 
        thereby endangering the value of the investment of city and 
        Federal resources in the project.
            (9) Because of the importance of O'Hare to the national air 
        transportation system and the growing congestion at the airport 
        and because of the expenditure of Federal funds for a master-
        planning grant for expansion of capacity at O'Hare, it is 
        important to the national air transportation system, interstate 
        commerce, and the efficient expenditure of Federal funds, that 
        the city of Chicago's proposals to the  Federal Aviation 
Administration have an opportunity to be considered for Federal 
approval and possible funding, that the city's requests for changes to 
the State implementation plan to allow such projects not be denied 
arbitrarily, and that, if the Federal Aviation Administration approves 
the project and funding for a portion of its cost, the city can 
implement and use the project.
            (10) Any application submitted by the city of Chicago for 
        expansion of O'Hare should be evaluated by the Federal Aviation 
        Administration and other Federal agencies under all applicable 
        Federal laws and regulations and should be approved only if the 
        application meets all requirements imposed by such laws and 
        regulations.
            (11) As part of the agreement between the city and the 
        State allowing the city to submit an application for 
        improvement of O'Hare, there has been an agreement for the 
        continued operation of Merrill C. Meigs Field by the city, and 
        it has also been agreed that, if the city does not follow the 
        agreement on Meigs Field, Federal airport improvement program 
        funds should be withheld from the city for O'Hare.
            (12) To facilitate implementation of the agreement allowing 
        the city to submit an application for O'Hare, it is desirable 
        to require by law that Federal airport improvement program 
        funds for O'Hare be administered to require continued operation 
        of Merrill C. Meigs Field by the city, as proposed in the 
        agreement.
            (13) To facilitate implementation of the agreement allowing 
        the city to submit an application for O'Hare, it is desirable 
        to enact into law provisions of the agreement relating to noise 
        and public roadway access. These provisions are not 
        inconsistent with Federal law.
            (14) If the Federal Aviation Administration approves an 
        airport layout plan for O'Hare directly related to the 
        agreement reached on December 5, 2001, such approvals will 
        constitute an action of the United States under Federal law and 
        will be an important first step in the process by which the 
        Government could decide that these plans should receive Federal 
        assistance under chapter 471 of title 49, United States Code, 
        relating to airport development.
            (15) The agreement between the State of Illinois and the 
        city of Chicago includes agreement that the construction of an 
        airport in Peotone, Illinois, would be proposed by the State to 
        the Federal Aviation Administration. Like the O'Hare expansion 
        proposal, the Peotone proposal should receive full 
        consideration by the Federal Aviation Administration under 
        standard procedures for approving and funding an airport 
        improvement project, including all applicable safety, utility 
        and efficiency, and environmental review.
            (16) Gary/Chicago Airport in Gary, Indiana, and the Greater 
        Rockford Airport, Illinois, may alleviate congestion and 
        provide additional capacity in the greater Chicago metropolitan 
        region. Like the O'Hare airport expansion proposal, expansion 
        efforts by Gary/Chicago and Greater Rockford airports should 
        receive full consideration by the Federal Aviation 
        Administration under standard procedures for approving and 
        funding an airport capacity improvement project, including all 
        applicable safety, utility and efficiency, and environmental 
        reviews.

SEC. 3. STATE, CITY, AND FAA AUTHORITY.

    (a) Prohibition.--In furtherance of the purpose of this Act to 
achieve significant air transportation benefits for interstate and 
foreign commerce, if the Federal Aviation Administration makes, or at 
any time after December 5, 2001 has made, a grant to the city of 
Chicago, Illinois, with the approval of the State of Illinois for 
planning or construction of runway improvements at O'Hare International 
Airport, the State of Illinois, and any instrumentality or political 
subdivision of the State, are prohibited from exercising authority 
under sections 38.01, 47, and 48 of the Illinois Aeronautics Act (620 
ILCS 5/) to prevent, or have the effect of preventing--
            (1) further consideration by the Federal Aviation 
        Administration of an O'Hare airport layout plan directly 
        related to the agreement reached by the State and the city on 
        December 5, 2001, with respect to O'Hare;
            (2) construction of projects approved by the Administration 
        in such O'Hare airport layout plan; or
            (3) application by the city of Chicago for Federal airport 
        improvement program funding for projects approved by the 
        Administration and shown on such O'Hare airport layout plan.
    (b) Applications for Federal Funding.--Notwithstanding any other 
provision of law, the city of Chicago is authorized to submit directly 
to the Federal Aviation Administration without the approval of the 
State of Illinois, applications for Federal airport improvement program 
funding for planning and construction of a project shown on an O'Hare 
airport layout plan directly related to the agreement reached on 
December 5, 2001, and to  accept, receive, and disburse such funds 
without the approval of the State of Illinois.
    (c) Limitation.--If the Federal Aviation Administration determines 
that an O'Hare airport layout plan directly related to the agreement 
reached on December 5, 2001, will not be approved by the 
Administration, subsections (a) and (b) of this section shall expire 
and be of no further effect on the date of such determination.
    (d) Western Public Roadway Access.--As provided in the December 5, 
2001, agreement referred to in subsection (a), the Administrator of the 
Federal Aviation Administration shall not consider an airport layout 
plan submitted by the city of Chicago that includes the runway redesign 
plan, unless the airport layout plan includes public roadway access 
through the existing western boundary of O'Hare to passenger terminal 
and parking facilities located inside the boundary of O'Hare and 
reasonably accessible to such western access. Approval of western 
public roadway access shall be subject to the condition that the cost 
of construction be paid for from airport revenues consistent with 
Administration revenue use requirements.
    (e) Noise Mitigation.--As provided in the December 5, 2001, 
agreement referred to in subsection (a), the following apply:
            (1) Approval by the Administrator of an airport layout plan 
        that includes the runway redesign plan shall require the city 
        of Chicago to offer acoustical treatment of all single-family 
        houses and schools located within the 65 DNL noise contour for 
        each construction phase of the runway redesign plan, subject to 
        Administration guidelines and specifications of general 
        applicability. The Administrator may not approve the runway 
        redesign plan unless the city provides the Administrator with 
        information sufficient to demonstrate that the acoustical 
        treatment required by this paragraph is feasible.
            (2)(A) Approval by the Administrator of an airport layout 
        plan that includes the runway redesign plan shall be subject to 
        the condition that noise impact of aircraft operations at 
        O'Hare in the calendar year immediately following the year in 
        which the first new runway is first used and in each calendar 
        year thereafter will be less than the noise impact in calendar 
        year 2000.
            (B) The Administrator shall make the determination 
        described in subparagraph (A)--
                    (i) using, to the extent practicable, the 
                procedures specified in part 150 of title 14, Code of 
                Federal Regulations;
                    (ii) using the same method for calendar year 2000 
                and for each forecast year; and
                    (iii) by determining noise impact solely in terms 
                of the aggregate number of square miles and the 
                aggregate number of single-family houses and schools 
                exposed to 65 or greater decibels using the DNL metric, 
                including only single-family houses and schools in 
                existence on the last day of calendar year 2000. The 
                Administrator shall make such determination based on 
                information provided by the city of Chicago, which 
                shall be independently verified by the Administrator.
            (C) The conditions described in this subsection shall be 
        enforceable exclusively through the submission and approval of 
        a noise compatibility plan under part 150 of title 14, Code of 
        Federal Regulations. The noise compatibility plan submitted by 
        the city of Chicago shall provide for compliance with this 
        subsection. The Administrator shall approve measures sufficient 
        for compliance with this subsection in accordance with 
        procedures under such part 150. The United States shall have no 
        financial responsibility or liability if operations at O'Hare 
        in any year do not satisfy the conditions in this subsection.
    (f) Report to Congress.--If the runway redesign plan described in 
this section has not received all Federal, State, and local permits and 
approvals necessary to begin construction by December 31, 2004, the 
Administrator shall submit a status report to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Transportation and Infrastructure of the House of Representatives 
within 120 days of such date identifying each permit and approval 
necessary for the project and the status of each such action.
    (g) Judicial Review.-- An order issued by the Administrator, in 
whole or in part, under this section shall be deemed to be an order 
issued under part A of subtitle VII of title 49, United States Code, 
and shall be reviewed in accordance with the procedure in section 46110 
of such title.
    (h) Definition.--In this section, the terms ``airport layout plan 
directly related to the agreement reached on December 5, 2001'' and 
``such airport layout plan'' mean a plan that shows--
            (1) 6 parallel runways at O'Hare oriented in the east-west 
        direction with the capability for 4 simultaneous independent 
        visual aircraft arrivals in both directions, and all associated 
        taxiways, navigational facilities, and other related 
        facilities; and
            (2) closure of existing runways 14L-32R, 14R-32L and 18-36 
        at O'Hare.

SEC. 4. CLEAN AIR ACT.

    (a) Implementation Plan.--An implementation plan shall be prepared 
by the State of Illinois under the Clean Air Act (42 U.S.C. 7401 et 
seq.) in accordance with the State's customary practices for accounting 
for and regulating emissions associated with activity at commercial 
service airports. The State shall not deviate from its customary 
practices under the Clean Air Act for the purpose of interfering with 
the construction of a runway pursuant to the redesign plan or the south 
surburban airport. At the request of the Administrator of the Federal 
Aviation Administration, the Administrator of the Environmental 
Protection Agency shall, in consultation with the Administrator of the 
Federal Aviation Administration, determine that the foregoing condition 
has been satisfied before approving an implementation plan. Nothing in 
this section shall be construed to affect the obligations of the State 
under section 176(c) of the Clean Air Act (42 U.S.C. 7506(c)).
    (b) Limitation on Approval.--The Administrator of the Federal 
Aviation Administration shall not approve the runway redesign plan 
unless the Administrator of the Federal Aviation Administration 
determines that the construction and operation will include, to the 
maximum extent feasible, the best management practices then reasonably 
available to and used by operators of commercial service airports to 
mitigate emissions regulated under the implementation plan.

SEC. 5. MERRILL C. MEIGS FIELD.

    The State of Illinois and the city of Chicago, Illinois, have 
agreed to the following:
            (1) Until January 1, 2026, the Administrator of the Federal 
        Aviation Administration shall withhold all Federal airport 
        grant funds respecting O'Hare International Airport, other than 
        grants involving national security and safety, unless the 
        Administrator is reasonably satisfied that the following 
        conditions have been met:
                    (A) Merrill C. Meigs Field in Chicago either is 
                being operated by the city of Chicago as an airport or 
                has been closed by the Administration for reasons 
                beyond the city's control.
                    (B) The city of Chicago is providing, at its own 
                expense, all off-airport roads and other access, 
                services, equipment, and other personal property that 
                the city provided in connection with the operation of 
                Meigs Field on and prior to December 1, 2001.
                    (C) The city of Chicago is operating Meigs Field, 
                at its own expense, at all times as a public airport in 
                good condition and repair open to all users capable of 
                utilizing the airport and is maintaining the airport 
                for such public operations at least from 6:00 A.M. to 
                10:00 P.M. 7 days a week whenever weather conditions 
                permit.
                    (D) The city of Chicago is providing or causing its 
                agents or independent contractors to provide all 
                services (including police and fire protection 
                services) provided or offered at Meigs Field on or 
                immediately prior to December 1, 2001, including tie-
                down, terminal, refueling, and repair services, at 
                rates that reflect actual costs of providing such goods 
                and services.
            (2) If Meigs Field is closed by the Administration for 
        reasons beyond the city of Chicago's control, the conditions 
        described in subparagraphs (B) through (D) of paragraph (1) 
        shall not apply.
            (3) After January 1, 2006, the Administrator shall not 
        withhold Federal airport grant funds to the extent the 
        Administrator determines that withholding of such funds would 
        create an unreasonable burden on interstate commerce.
            (4) The Administrator shall not enforce the conditions 
        listed in paragraph (1) if the State of Illinois enacts a law 
        on or after January 1, 2006, authorizing the closure of Meigs 
        Field.
            (5) Net operating losses resulting from operation of Meigs 
        Field, to the extent consistent with law, are expected to be 
        paid by the 2 air carriers at O'Hare International Airport that 
        paid the highest amount of airport fees and charges at O'Hare 
        International Airport for the preceding calendar year. 
        Notwithstanding any other provision of law, the city of Chicago 
        may use airport revenues generated at O'Hare International 
        Airport to fund the operation of Meigs Field.

SEC. 6. APPLICATION WITH EXISTING LAW.

    Nothing in this Act shall give any priority to or affect 
availability or amounts of funds under chapter 471 of title 49, United 
States Code, to pay the costs of O'Hare International Airport, 
improvements shown on an airport layout plan directly related to the 
agreement reached by the State of Illinois and the city of Chicago, 
Illinois, on December 5, 2001.

SEC. 7. SENSE OF CONGRESS ON QUIET AIRCRAFT TECHNOLOGY RESEARCH AND 
              DEVELOPMENT.

    It is the sense of the Congress that the Office of Environment and 
Energy of the Federal Aviation Administration should be funded to carry 
out noise mitigation programming and quiet aircraft technology research 
and development at a level of $37,000,000 for fiscal year 2004 and 
$47,000,000 for fiscal year 2005.
                                 <all>