IIB

107TH CONGRESS

2D SESSION H. R. 1979

IN THE SENATE OF THE UNITED STATES

JUNE 21, 2002

Received; read twice and referred to the Committee on Commerce, Science,

and Transportation

AN ACT

To amend title 49, United States Code, to provide assistance

for the construction of certain air traffic control towers.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

HR 1979 RFS

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Small Airport Safety,

3 Security, and Air Service Improvement Act of 2002’’.

4 SEC. 2. INCLUSION OF TOWERS IN AIRPORT DEVELOP5 MENT.

6 Section 47102(3) of title 49, United States Code, is

7 amended by adding at the end the following:

8 ‘‘(M) constructing an air traffic control

9 tower or acquiring and installing air traffic con10 trol, communications, and related equipment at

11 an air traffic control tower under the terms

12 specified in section 47124(b)(4).’’.

13 SEC. 3. CONSTRUCTION OF AIR TRAFFIC CONTROL TOW14 ERS.

15 (a) IN GENERAL.—Section 47124(b)(4) of title 49,

16 United States Code, is amended to read as follows:

17 ‘‘(4) CONSTRUCTION OF AIR TRAFFIC CONTROL

18 TOWERS.—

19 ‘‘(A) GRANTS.—The Secretary may pro20 vide grants to a sponsor of—

21 ‘‘(i) a primary airport—

22 ‘‘(I) from amounts made avail23 able under sections 47114(c)(1) and

24 47114(c)(2) for the construction or

25 improvement of a nonapproach control

26 tower, as defined by the Secretary,
3

HR 1979 RFS

1 and for the acquisition and installa2 tion of air traffic control, communica3 tions, and related equipment to be

4 used in that tower;

5 ‘‘(II) from amounts made avail6 able under sections 47114(c)(1) and

7 47114(c)(2) for reimbursement for

8 the cost of construction or improve9 ment of a nonapproach control tower,

10 as defined by the Secretary, incurred

11 after October 1, 1996, if the sponsor

12 complied with the requirements of sec13 tions 47107(e), 47112(b), and

14 47112(c) in constructing or improving

15 that tower; and

16 ‘‘(III) from amounts made avail17 able under sections 47114(c)(1) and

18 47114(c)(2) for reimbursement for

19 the cost of acquiring and installing in

20 that tower air traffic control, commu21 nications, and related equipment that

22 was acquired or installed after Octo23 ber 1, 1996; and

24 ‘‘(ii) a public-use airport that is not a

25 primary airport—
4

HR 1979 RFS

1 ‘‘(I) from amounts made avail2 able under sections 47114(c)(2) and

3 47114(d) for the construction or im4 provement of a nonapproach control

5 tower, as defined by the Secretary,

6 and for the acquisition and installa7 tion of air traffic control, communica8 tions, and related equipment to be

9 used in that tower;

10 ‘‘(II) from amounts made avail11 able under sections 47114(c)(2) and

12 47114(d)(3)(A) for reimbursement for

13 the cost of construction or improve14 ment of a nonapproach control tower,

15 as defined by the Secretary, incurred

16 after October 1, 1996, if the sponsor

17 complied with the requirements of sec18 tions 47107(e), 47112(b), and

19 47112(c) in constructing or improving

20 that tower; and

21 ‘‘(III) from amounts made avail22 able under sections 47114(c)(2) and

23 47114(d)(3)(A) for reimbursement for

24 the cost of acquiring and installing in

25 that tower air traffic control, commu-
5

HR 1979 RFS

1 nications, and related equipment that

2 was acquired or installed after Octo3 ber 1, 1996.

4 ‘‘(B) ELIGIBILITY.—An airport sponsor

5 shall be eligible for a grant under this para6 graph only if—

7 ‘‘(i)(I) the sponsor is a participant in

8 the Federal Aviation Administration con9 tract tower program established under sub10 section (a) and continued under paragraph

11 (1) or the pilot program established under

12 paragraph (3); or

13 ‘‘(II) construction of a nonapproach

14 control tower would qualify the sponsor to

15 be eligible to participate in such program;

16 ‘‘(ii) the sponsor certifies that it will

17 pay not less than 10 percent of the cost of

18 the activities for which the sponsor is re19 ceiving assistance under this paragraph;

20 ‘‘(iii) the Secretary affirmatively ac21 cepts the proposed contract tower into a

22 contract tower program under this section

23 and certifies that the Secretary will seek

24 future appropriations to pay the Federal

25 Aviation Administration’s cost of the con-
6

HR 1979 RFS

1 tract to operate the tower to be con2 structed under this paragraph;

3 ‘‘(iv) the sponsor certifies that it will

4 pay its share of the cost of the contract to

5 operate the tower to be constructed under

6 this paragraph; and

7 ‘‘(v) in the case of a tower to be con8 structed under this paragraph from

9 amounts made available under section

10 47114(d)(2) or 47114(d)(3)(B), the Sec11 retary certifies that—

12 ‘‘(I) the Federal Aviation Admin13 istration has consulted the State with14 in the borders of which the tower is to

15 be constructed and the State supports

16 the construction of the tower as part

17 of its State airport capital plan; and

18 ‘‘(II) the selection of the tower

19 for funding is based on objective cri20 teria, giving no weight to any congres21 sional committee report, joint explana22 tory statement of a conference com23 mittee, or statutory designation.

24 ‘‘(C) LIMITATION ON FEDERAL SHARE.—

25 The Federal share of the cost of construction of
7

HR 1979 RFS

1 a nonapproach control tower under this para2 graph may not exceed $1,100,000.’’.

3 (b) CONFORMING AMENDMENTS.—Section 47124(b)

4 of such title is amended—

5 (1) in paragraph (3)(A) by striking ‘‘Level I air

6 traffic control towers, as defined by the Secretary,’’

7 and inserting ‘‘nonapproach control towers, as de8 fined by the Secretary,’’; and

9 (2) in paragraph (3)(E) by striking ‘‘Subject to

10 paragraph (4)(D), of’’ and inserting ‘‘Of’’.

11 (c) SAVINGS CLAUSE.—Notwithstanding the amend12 ments made by this section, the 2 towers for which assist13 ance is being provided on the day before the date of enact14 ment of this Act under section 47124(b)(4) of title 49,

15 United States Code, as in effect on such day, may con16 tinue to be provided such assistance under the terms of

17 such section.

18 SEC. 4. NONAPPROACH CONTROL TOWERS.

19 (a) IN GENERAL.—The Administrator of the Federal

20 Aviation Administration may enter into a lease agreement

21 or contract agreement with a private entity to provide for

22 construction and operation of a nonapproach control tower

23 as defined by the Secretary of Transportation.

24 (b) TERMS AND CONDITIONS.—An agreement en25 tered into under this section—
8

HR 1979 RFS

1 (1) shall be negotiated under such procedures

2 as the Administrator considers necessary to ensure

3 the integrity of the selection process, the safety of

4 air travel, and to protect the interests of the United

5 States;

6 (2) may provide a lease option to the United

7 States, to be exercised at the discretion of the Ad8 ministrator, to occupy any general-purpose space in

9 a facility covered by the agreement;

10 (3) shall not require, unless specifically deter11 mined otherwise by the Administrator, Federal own12 ership of a facility covered under the agreement

13 after the expiration of the agreement;

14 (4) shall describe the consideration, duties, and

15 responsibilities for which the United States and the

16 private entity are responsible;

17 (5) shall provide that the United States will not

18 be liable for any action, debt, or liability of any enti19 ty created by the agreement;

20 (6) shall provide that the private entity may not

21 execute any instrument or document creating or evi22 dencing any indebtedness with respect to a facility

23 covered by the agreement unless such instrument or

24 document specifically disclaims any liability of the
9

HR 1979 RFS

1 United States under the instrument or document;

2 and

3 (7) shall include such other terms and condi4 tions as the Administrator considers appropriate.

5 SEC. 5. USE OF APPORTIONMENTS TO PAY NON-FEDERAL

6 SHARE OF OPERATION COSTS.

7 (a) STUDY.—The Secretary of Transportation shall

8 conduct a study of the feasibility, costs, and benefits of

9 allowing the sponsor of an airport to use not to exceed

10 10 percent of amounts apportioned to the sponsor under

11 section 47114 to pay the non-Federal share of the cost

12 of operation of an air traffic control tower under section

13 47124(b) of title 49, United States Code.

14 (b) REPORT.—Not later than 1 year after the date

15 of enactment of this Act, the Secretary shall transmit to

16 Congress a report on the results of the study.

Passed the House of Representatives June 20, 2002.

Attest: JEFF TRANDAHL,

Clerk.