[Congressional Record Volume 145, Number 133 (Tuesday, October 5, 1999)]
[Senate]
[Page S11933]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             AIR TRANSPORTATION IMPROVEMENT ACT--Continued

  The PRESIDING OFFICER. Under the previous order, the Senator from 
Illinois is recognized.


                Amendment No. 2264 To Amendment No. 1892

  (Purpose: To replace the slot provisions relating to Chicago O'Hare 
                         International Airport)

  Mr. FITZGERALD. Mr. President, I rise on behalf of myself and my 
colleague from Illinois, Senator Durbin, to propose an amendment to the 
amendment proposed by the Presiding Officer himself, Senator Gorton, 
and Senator Rockefeller. I send the amendment to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Illinois [Mr. Fitzgerald], for himself and 
     Mr. Durbin, proposes an amendment numbered 2264 to amendment 
     No. 1892.
  The amendment is as follows:

       On page 5, beginning with ``apply--'' in line 15, strike 
     through line 19 and insert ``apply after December 31, 2006, 
     at LaGuardia Airport or John F. Kennedy International 
     Airport.''.
       On page 8, beginning with line 7, strike through line 17 on 
     page 12 and insert the following:
       (1) In general.--Subchapter I of chapter 417, as amended by 
     subsection (d), is amended by inserting after section 41717 
     the following:

     ``Sec. 41718. Special Rules for Chicago O'Hare International 
       Airport

       ``(a) In General.--The Secretary of Transportation shall 
     grant 30 slot exemptions over a 3-year period beginning on 
     the date of enactment of the Transportation Improvement Act 
     at Chicago O'Hare International Airport.
       ``(b) Equipment and Service Requirements.--
       ``(1) State 3 aircraft required.--An exemption may not be 
     granted under this section with respect to any aircraft that 
     is not a Stage 3 aircraft (as defined by the Secretary).
       ``(2) Service provided.--Of the exemptions granted under 
     subsection (a)--
       ``(A) 18 shall be used only for service to underserved 
     markets, of which no fewer than 6 shall be designated as 
     commuter slot exemptions; and
       ``(B) 12 shall be air carrier slot exemptions.
       ``(c) Procedural Requirements.--Before granting exemptions 
     under subsection (a), the Secretary shall--
       ``(1) conduct an environmental review, taking noise into 
     account, and determine that the granting of the exemptions 
     will not cause a significant increase in noise;
       ``(2) determine whether capacity is available and can be 
     used safely and, if the Secretary so determines then so 
     certify;
       ``(3) give 30 days notice to the public through publication 
     in the Federal Register of the Secretary's intent to grant 
     the exemptions; and
       ``(4) consult with appropriate officers of the State and 
     local government on any related noise and environmental 
     issues.
       ``(d) Underserved Market Defined.--In this section, the 
     term `service to underserved markets' means passenger air 
     transportation service to an airport that is a nonhub airport 
     or a small hub airport (as defined in paragraphs (4) and (5), 
     respectively, of section 41731(a)).''.
       (2) 3-year report.--The Secretary shall study and submit a 
     report 3 years after the first exemption granted under 
     section 41718(a) of title 49, United States Code, is first 
     used on the impact of the additional slots on the safety, 
     environment, noise, access to underserved markets, and 
     competition at Chicago O'Hare International Airport.
       On page 19, strike lines 10 and 11.
       On page 19, line 12, strike ``(B)'' and insert ``(A)''.
       On page 19, line 13, strike ``(C)'' and insert ``(B)''.
       On page 19, line 15, strike ``(D)'' and insert ``(C)''.
  Mr. BYRD. Mr. President, will the distinguished Senator yield without 
losing his right to the floor?
  Mr. FITZGERALD. Yes, I will yield.
  Mr. BYRD. I ask unanimous consent that following the Senator's 
statement, I be recognized to speak for not to exceed 15 minutes on 
another matter.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Mr. BYRD. I thank the Senator from Illinois.
  The PRESIDING OFFICER. The Senator from Illinois is recognized.
  Mr. FITZGERALD. Mr. President, this amendment would exempt O'Hare 
International Airport from any lifting of the high density rule. I 
understand this amendment has been accepted on both sides. I ask 
unanimous consent the amendment be agreed to.
  I thank the Presiding Officer himself for his efforts to work with 
me, and also the distinguished Commerce Committee Chairman, Senator 
McCain from Arizona, and the ranking Democratic member, Senator 
Rockefeller. Of course, I thank the good auspices of our majority 
leader who helped work out this agreement. I appreciate the time and 
consideration of all on a very difficult matter.
  The PRESIDING OFFICER. Without objection, it is so ordered. The 
amendment (No. 2264) was agreed to.
  Mr. FITZGERALD. I thank the Chair.
  The PRESIDING OFFICER. Under the previous order, the Senator from 
West Virginia is recognized for not to exceed 15 minutes.
  Mr. BYRD. Mr. President, I thank the Chair.

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