[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 83 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 83

    To expand aviation capacity in the Chicago area, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 7, 2003

  Mr. Durbin (for himself, Mr. Grassley, Mr. Harkin, Mr. Daschle, Mr. 
 Bayh, Mr. Kohl, and Mr. Inhofe) introduced the following bill; which 
was read twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 A BILL


 
    To expand aviation capacity in the Chicago area, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Prior to September 11, 2001, the United States air 
        transportation system faced severe limitations in airport 
        capacity. As the aviation system returns to its pre-September 
        11 levels, interstate commerce will be substantially 
        constrained without airport expansion.
            (2) Meeting the future demand of air travelers, expected to 
        top 1,000,000,000 by 2013, is a challenge facing the United 
        States today. Knowing that airport development, runway 
        construction, and runway reconfiguration is a multiyear 
        process, action is needed now.
            (3) Communities, small and large, throughout the United 
        States recognize, particularly after September 11, how critical 
        air transportation is to local economies.
            (4) Airport delays, because of lack of runway capacity, are 
        a serious impediment to interstate commerce.
            (5) Airport expansion, nationwide and at O'Hare 
        International Airport (in this Act referred to as ``O'Hare'') 
        and in the Chicago area, is essential to interstate commerce. 
        Given the agreement of December 5, 2001, between the Mayor of 
        Chicago and the Governor of Illinois concerning Chicago area 
        airports, Congress wants to ensure that interstate commerce is 
        not inhibited by future action or inaction on such expansion.
            (6) New runway construction projects are local decisions 
        that are supported by the Federal Government through the 
        Airport Improvement Program and other programs, subject to 
        Federal regulation of aviation safety. For years, a debate over 
        airport expansion in Illinois has stifled redesign of O'Hare 
        and inhibited action on a new south suburban airport.
            (7) Because of O'Hare's central location, and the magnitude 
        of the demand for air transportation services in northeast 
        Illinois and northwest Indiana, O'Hare has an essential role in 
        the national air transportation system. The reliability and 
        efficiency of interstate air transportation for residents and 
        businesses in many States depend on efficient processing of air 
        traffic operations at O'Hare.
            (8) On June 15, 2001, the Senate Committee on Commerce, 
        Science, and Transportation held a field hearing in Chicago and 
        directed the parties to settle their differences because of the 
        importance of O'Hare and expansion to the national air 
        transportation system.
            (9) The Governor of Illinois and the Mayor of Chicago have 
        determined that redesign of O'Hare and the development of an 
        additional air carrier airport located near Peotone, Illinois, 
        as described in this Act, are each necessary and desirable to 
        provide reliable and efficient air commerce.
            (10) On December 5, 2001, the Governor of Illinois and the 
        Mayor of Chicago entered into a historic agreement concerning 
        regional airport improvements and the regional air 
        transportation system.
            (11) This decision will benefit travelers throughout the 
        country and should make the air transportation system more 
        efficient.
            (12) The importance of utilizing existing infrastructure, 
        such as the Gary/Chicago Airport in Gary, Indiana, and the 
        Greater Rockford Airport, to alleviate air traffic congestion 
        and provide additional capacity in the greater Chicago 
        metropolitan region is also recognized. Current or future 
        operations at the Gary/Chicago Airport or the Greater Rockford 
        Airport may become a more important component of air service in 
        the region and the Federal Aviation Administration, in 
        reviewing various expansion plans, should take into account the 
        role of these airports.

SEC. 3. AIRPORT CONSTRUCTION AND REDESIGN.

    (a) O'Hare Runway Redesign and Development of South Suburban 
Airport.--
            (1) It is the policy of Congress that, given the agreement 
        between the Governor of Illinois and the Mayor of the City of 
        Chicago, redesign and reconstruction of Chicago O'Hare 
        International Airport in Cook and DuPage Counties, Illinois, in 
        accordance with the runway redesign plan, and the development 
        of a south suburban airport in the Chicago metropolitan region, 
        are each necessary to improve the efficiency of, and relieve 
        congestion in, the national air transportation system.
            (2)(A) The Administrator, consistent with Federal 
        environmental and aviation laws and procedures, shall implement 
        the Federal policy described in paragraph (1) by facilitating 
        all agency reviews, and facilitating funding, construction, and 
        implementation of--
                    (i) the runway redesign plan upon receipt of an 
                application from Chicago for approval of an airport 
                layout plan that includes the runway redesign plan; and
                    (ii) the south suburban airport upon receipt of an 
                application from the State of Illinois or a political 
                subdivision thereof for approval of an airport layout 
                plan for a south suburban airport.
            (B) The Administrator's actions under this subsection and 
        implementation of each plan described in subparagraph (A) shall 
        be subject to application of Federal laws with respect to 
        environmental protection and environmental analysis, including 
        the National Environmental Policy Act. Nothing in this section 
        shall be deemed to amend or otherwise be inconsistent with such 
        laws.
            (C) Implementation of each plan described in subparagraph 
        (A) shall be subject to determination by the Administrator that 
        the plan meets Federal aviation criteria regarding 
        practicability, safety, and efficiency, and is consistent with 
        Federal Aviation Administration design criteria.
            (D) The Administrator may not approve the runway redesign 
        plan unless the Administrator determines that the plan should 
        achieve improved capacity under both Instrument Flight Rule and 
        Visual Flight Rule conditions.
            (E) Nothing in this subsection shall be deemed to affect 
        the property rights of any airport user at O'Hare.
            (3) If the Administrator at any time after December 5, 
        2001, provides (or has provided) funds for planning of the 
        runway redesign plan or construction of a runway pursuant to 
        that plan, neither the State nor any instrumentality or 
        political subdivision of the State, may enforce section 38.01 
        or section 47 of the Illinois Aeronautics Act with respect to 
        the runway redesign plan. This paragraph shall not apply after 
        the Administrator certifies that no additional funds will be 
        provided under chapter 471 of title 49, United States Code, for 
        planning of the runway redesign plan or construction of a 
        runway pursuant to that plan.
            (4) The State of Illinois, a political subdivision of the 
        State, or authority of the State, or political subdivision that 
        is not the owner or operator of O'Hare, may not regulate or 
        otherwise attempt to control in any manner--
                    (A) aviation safety with respect to the design and 
                construction of the runway redesign plan, except that 
                construction of the runway may not begin unless the 
                Administrator finds that the plan satisfies the 
                requirements of Federal law with respect to aviation 
                safety;
                    (B) application by the owner or operator of O'Hare 
                for a grant under chapter 471 of title 49, United 
                States Code, to pay a portion of the costs of planning 
                or construction of the runway redesign plan, or the 
                receipt, collection, or use of the proceeds thereof; or
                    (C) design, operation, or use of the runway 
                redesign plan to the extent such regulation or other 
                control by the State is otherwise prohibited.
            (5)(A) An implementation plan shall be prepared by the 
        State of Illinois under the Clean Air Act 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 suburban airport. At the request of 
        the Administrator, the Administrator of the Environmental 
        Protection Agency shall, in consultation with the 
        Administrator, 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.
            (B) The Administrator shall not approve the runway redesign 
        plan unless the Administrator 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.
            (6) Notwithstanding any other provision of this Act, the 
        Administrator is not required to approve the proposed runway 
        redesign plan.
    (b) Airport Safety.--The Administrator shall follow the law and 
established practice relating to the approval of the proposed runway 
redesign plan at O'Hare, and shall explain in writing, the impact of 
the runway redesign plan on runway incursions, and on the safety of 
aircraft departures and arrivals, including the terminal approach 
control or the vectoring of aircraft from the contiguous en route air 
traffic airspace.
    (c) Phasing of Construction.--Approval by the Administrator of an 
airport layout plan that includes the runway redesign plan shall 
provide that construction shall not begin before January 1, 2011, on 
any runway oriented substantially in the east-west direction and 
located more than 2,500 feet south of existing runway 9R-27L.
    (d) Western Public Roadway Access.--The Administrator shall not 
consider an airport layout plan submitted by Chicago that includes the 
runway redesign plan, unless it 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 costs of construction 
will be paid from airport revenues only to the extent that such costs 
are consistent with Federal Aviation Administration revenue use 
requirements.
    (e) Noise Mitigation.--
            (1) Approval by the Administrator of an airport layout plan 
        that includes the runway redesign plan shall require Chicago to 
        offer acoustical treatment of all single-family houses, other 
        residences designated by the O'Hare Noise Compatibility 
        Commission, and schools, located within the 65 DNL noise 
        contour for each construction phase of the runway redesign 
        plan, subject to Federal Aviation Administration guidelines and 
        specifications of general applicability. The Administrator may 
        not approve the runway redesign plan unless Chicago 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 noise impact shall be calculated by the City of 
        Chicago--
                    (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 residential units and schools 
                exposed to 65 or greater decibels using the DNL metric, 
                including only residential units and schools in 
                existence on the last day of calendar year 2000.
            (C) The Administrator shall independently verify the 
        calculation described in subparagraph (B) based on information 
        provided by the City of Chicago, which shall be certified by 
        the City as true and complete, consistent with part 150 
        procedures.
            (D) The noise mitigation condition described in this 
        paragraph shall be implemented and monitored 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 paragraph. The 
        Administrator shall approve measures submitted for compliance 
        with this paragraph in accordance with procedures and criteria 
        under such part 150.
            (E) The United States shall have no financial 
        responsibility or liability if operations at O'Hare in any year 
        do not satisfy the noise mitigation condition of this 
        paragraph.
    (f) South Suburban Airport Funding.--The Administrator shall give 
priority consideration to a letter of intent application submitted by 
the State of Illinois or a political subdivision thereof for the 
construction of the south suburban airport. The Administrator shall 
consider the letter not later than 90 days after the Administrator 
issues final approval of the airport layout plan for the south suburban 
airport.
    (g) Gary/Chicago Airport Funding.--The Administrator shall give 
priority consideration to a letter of intent application for funding 
submitted by the City of Gary, Indiana, or the State of Indiana, for 
the extension of the main runway at the Gary/Chicago Airport. The 
letter of intent application shall be considered upon completion of the 
environmental impact statement and benefit cost analysis in accordance 
with Federal Aviation Administration requirements. The Administrator 
shall consider the letter not later than 90 days after receiving it 
from the applicant.
    (h) 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 Senate Committee on 
Commerce, Science, and Transportation and the House of Representatives 
Committee on Transportation and Infrastructure within 120 days of such 
date identifying each permit and approval necessary for the project and 
the status of each such action.
    (i) Merrill C. Meigs Field.--
            (1) Until January 1, 2026, the Administrator shall withhold 
        all airport grant funds respecting O'Hare, 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 Chicago as an airport or has been 
                closed by the Federal Aviation Administration for 
                reasons beyond Chicago's control.
                    (B) Chicago is providing, at its own expense, all 
                off-airport roads and other access, services, 
                equipment, and other personal property that Chicago 
                provided in connection with the operation of Meigs 
                Field on and before December 1, 2001.
                    (C) 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 a.m. to 10 
                p.m. 7 days a week whenever weather conditions permit.
                    (D) 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) After January 1, 2006, the Administrator shall not 
        withhold grant funds under this Act to the extent the 
        Administrator determines that withholding grant funds would 
        create an unreasonable burden on interstate commerce.
            (3) If Meigs Field is closed by the Federal Aviation 
        Administration for reasons beyond Chicago's control, or is 
        temporarily closed for a nonaeronautical use with the prior 
        approval of the Administrator, the conditions described in 
        subparagraphs (B) through (D) of paragraph (1) shall not apply, 
        provided that nothing in this paragraph shall be construed to 
        change Federal standards or procedures applicable to temporary 
        closure of airports.
            (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 that paid the highest 
        amount of airport fees and charges at O'Hare for the preceding 
        calendar year.
            (6) Notwithstanding any provision of title 49, United 
        States Code, the city of Chicago may use airport revenues 
        generated at O'Hare to fund operating and maintenance costs 
        associated with Meigs Field.
    (j) 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 procedures in section 
46110 of title 49, United States Code.
    (k) Definitions.--In this section:
            (1) The term ``runway redesign plan'' means--
                    (A) 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
                    (B) the closure of existing runways 14L-32R, 14R-
                32L, and 18-36.
            (2) The term ``south suburban airport'' means an additional 
        air carrier airport in the vicinity of Peotone, Illinois.
            (3) The term ``Administrator'' means the Administrator of 
        the Federal Aviation Administration or the Administrator's 
        designee.
            (4) The term ``State'' means the State of Illinois.
            (5) The term ``implementation plan'' means an applicable 
        State implementation plan, maintenance plan, or revision 
        thereof under the Clean Air Act.

SEC. 4. APPLICATION WITH EXISTING LAW.

    Nothing in this Act shall give any priority to an application for 
or affect availability or amounts of funds under chapter 471 of title 
49, United States Code, to pay the costs of the O'Hare runway redesign 
plan or O'Hare noise mitigation described in section 3.

SEC. 5. COMPETITIVE ACCESS REQUIREMENTS.

    In providing funds to implement the runway redesign plans under 
section 3, the Administrator of the Federal Aviation Administration 
shall receive adequate assurances from the City of Chicago that--
            (1) gates and associated facilities are available, or will 
        be made available, at costs that are fair, reasonable, and non-
        discriminatory to all air carriers currently serving or seeking 
        to serve Chicago O'Hare International Airport with scheduled 
        air service;
            (2) gates and associated facilities subject to exclusive 
        use agreements as of the date of the enactment of this Act are, 
        or will be, converted to preferential-use or common-use as soon 
        as practicable;
            (3) gates and associated facilities either relinquished by 
        terminal signatories or added to the base of facilities at that 
        airport as the result of projects to expand, redevelop, or 
        redesign existing facilities or to construct new facilities, 
        are, or will be, designated for preferential-use or common-use 
        agreements; and
            (4) it will conduct a comprehensive inventory of gates and 
        associated facilities as of the date of the enactment of this 
        Act to establish the base of facilities at Chicago O'Hare 
        International Airport that--
                    (A) identifies the type of use or lease agreement 
                in effect for every gate and associated facility at 
                that airport; and
                    (B) will be made publicly available.
                                 <all>