I 

108TH CONGRESS 

1ST SESSION H. R. 753

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

construction of certain air traffic control towers. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 12, 2003

Mr. WICKER (for himself, Mr. NORWOOD, Ms. HART, Mr. THOMPSON of Mississippi, Mr. MORAN of Kansas, Mr. TAYLOR of Mississippi, Mr. 

HASTINGS of Washington, Mr. NETHERCUTT, Mr. BARTLETT of Maryland, Mrs. CUBIN, Mr. PICKERING, Mr. BONILLA, Mr. EVANS, Mr. JOHNSON of Illinois, Mr. CASE, Mr. ABERCROMBIE, Mr. WELLER, Mr. 

MCCRERY, Mr. PETERSON of Pennsylvania, Mr. STENHOLM, Mr. FROST, 

Mr. REHBERG, Mr. LAHOOD, and Mr. BOOZMAN) introduced the following bill; which was referred to the Committee on Transportation and 

Infrastructure 

A BILL

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,

3 SECTION 1. SHORT TITLE. 

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

5 Security, and Air Service Improvement Act of 2003’’. 
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1 SEC. 2. INCLUSION OF TOWERS IN AIRPORT DEVELOP2 MENT. 

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

4 amended by adding at the end the following: 

5 ‘‘(M) constructing an air traffic control 

6 tower or acquiring and installing air traffic con7 trol, communications, and related equipment at 

8 an air traffic control tower under the terms 

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

10 SEC. 3. CONSTRUCTION OF AIR TRAFFIC CONTROL TOW11 ERS. 

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

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

14 ‘‘(4) CONSTRUCTION OF AIR TRAFFIC CONTROL

15 TOWERS.—

16 ‘‘(A) GRANTS.—The Secretary may pro17 vide grants to a sponsor of—

18 ‘‘(i) a primary airport—

19 ‘‘(I) from amounts made avail20 able under sections 47114(c)(1) and 

21 47114(c)(2) for the construction or 

22 improvement of a nonapproach control 

23 tower, as defined by the Secretary, 

24 and for the acquisition and installa25 tion of air traffic control, communica-
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1 tions, and related equipment to be 

2 used in that tower; 

3 ‘‘(II) from amounts made avail4 able under sections 47114(c)(1) and 

5 47114(c)(2) for reimbursement for 

6 the cost of construction or improve7 ment of a nonapproach control tower, 

8 as defined by the Secretary, incurred 

9 after October 1, 1996, if the sponsor 

10 complied with the requirements of sec11 tions 47107(e), 47112(b), and 

12 47112(c) in constructing or improving 

13 that tower; and 

14 ‘‘(III) from amounts made avail15 able under sections 47114(c)(1) and 

16 47114(c)(2) for reimbursement for 

17 the cost of acquiring and installing in 

18 that tower air traffic control, commu19 nications, and related equipment that

20 was acquired or installed after Octo21 ber 1, 1996; and 

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

23 primary airport—

24 ‘‘(I) from amounts made avail25 able under sections 47114(c)(2) and 
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1 47114(d) for the construction or im2 provement of a nonapproach control 

3 tower, as defined by the Secretary, 

4 and for the acquisition and installa5 tion of air traffic control, communica6 tions, and related equipment to be 

7 used in that tower; 

8 ‘‘(II) from amounts made avail9 able under sections 47114(c)(2) and 

10 47114(d)(3)(A) for reimbursement for 

11 the cost of construction or improve12 ment of a nonapproach control tower, 

13 as defined by the Secretary, incurred 

14 after October 1, 1996, if the sponsor 

15 complied with the requirements of sec16 tions 47107(e), 47112(b), and 

17 47112(c) in constructing or improving 

18 that tower; and 

19 ‘‘(III) from amounts made avail20 able under sections 47114(c)(2) and 

21 47114(d)(3)(A) for reimbursement for 

22 the cost of acquiring and installing in 

23 that tower air traffic control, commu24 nications, and related equipment that 
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1 was acquired or installed after Octo2 ber 1, 1996. 

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

4 shall be eligible for a grant under this para5 graph only if—

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

7 the Federal Aviation Administration con8 tract tower program established under sub9 section (a) and continued under paragraph 

10 (1) or the pilot program established under 

11 paragraph (3); or 

12 ‘‘(II) construction of a nonapproach 

13 control tower would qualify the sponsor to 

14 be eligible to participate in such program; 

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

16 pay not less than 10 percent of the cost of 

17 the activities for which the sponsor is re18 ceiving assistance under this paragraph; 

19 ‘‘(iii) the Secretary affirmatively ac20 cepts the proposed contract tower into a 

21 contract tower program under this section 

22 and certifies that the Secretary will seek 

23 future appropriations to pay the Federal 

24 Aviation Administration’s cost of the con-
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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 
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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—
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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 
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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 of title 49, United States Code, to pay the 

12 non-Federal share of the cost of operation of an air traffic 

13 control tower under section 47124(b) of such title. 

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.

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