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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Small Airport Safety,
Security, and Air Service Improvement Act of 2002’’.
SEC. 2. INCLUSION OF TOWERS IN AIRPORT DEVELOP-
MENT.
Section 47102(3) of title 49, United States Code, is
amended by adding at the end the following:
‘‘(M) constructing an air traffic control
tower or acquiring and installing air traffic con-
trol, communications, and related equipment at
an air traffic control tower under the terms
specified in section 47124(b)(4).’’.
SEC. 3. CONSTRUCTION OF AIR TRAFFIC CONTROL TOW-
ERS.
(a) IN GENERAL.—Section 47124(b)(4) of title 49,
United States Code, is amended to read as follows:
‘‘(4) CONSTRUCTION OF AIR TRAFFIC CONTROL
TOWERS.—
‘‘(A) GRANTS.—The Secretary may pro-
vide grants to a sponsor of—
‘‘(i) a primary airport—
‘‘(I) from amounts made avail-
able under sections 47114(c)(1) and
47114(c)(2) for the construction or
improvement of a nonapproach control
tower, as defined by the Secretary,
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and for the acquisition and installa-
tion of air traffic control, communica-
tions, and related equipment to be
used in that tower;
‘‘(II) from amounts made avail-
able under sections 47114(c)(1) and
47114(c)(2) for reimbursement for
the cost of construction or improve-
ment of a nonapproach control tower,
as defined by the Secretary, incurred
after October 1, 1996, if the sponsor
complied with the requirements of sec-
tions 
47107(e), 
47112(b), 
and
47112(c) in constructing or improving
that tower; and
‘‘(III) from amounts made avail-
able under sections 47114(c)(1) and
47114(c)(2) for reimbursement for
the cost of acquiring and installing in
that tower air traffic control, commu-
nications, and related equipment that
was acquired or installed after Octo-
ber 1, 1996; and
‘‘(ii) a public-use airport that is not a
primary airport—
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‘‘(I) from amounts made avail-
able under sections 47114(c)(2) and
47114(d) for the construction or im-
provement of a nonapproach control
tower, as defined by the Secretary,
and for the acquisition and installa-
tion of air traffic control, communica-
tions, and related equipment to be
used in that tower;
‘‘(II) from amounts made avail-
able under sections 47114(c)(2) and
47114(d)(3)(A) for reimbursement for
the cost of construction or improve-
ment of a nonapproach control tower,
as defined by the Secretary, incurred
after October 1, 1996, if the sponsor
complied with the requirements of sec-
tions 
47107(e), 
47112(b), 
and
47112(c) in constructing or improving
that tower; and
‘‘(III) from amounts made avail-
able under sections 47114(c)(2) and
47114(d)(3)(A) for reimbursement for
the cost of acquiring and installing in
that tower air traffic control, commu-
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nications, and related equipment that
was acquired or installed after Octo-
ber 1, 1996.
‘‘(B) ELIGIBILITY.—An airport sponsor
shall be eligible for a grant under this para-
graph only if—
‘‘(i)(I) the sponsor is a participant in
the Federal Aviation Administration con-
tract tower program established under sub-
section (a) and continued under paragraph
(1) or the pilot program established under
paragraph (3); or
‘‘(II) construction of a nonapproach
control tower would qualify the sponsor to
be eligible to participate in such program;
‘‘(ii) the sponsor certifies that it will
pay not less than 10 percent of the cost of
the activities for which the sponsor is re-
ceiving assistance under this paragraph;
‘‘(iii) the Secretary affirmatively ac-
cepts the proposed contract tower into a
contract tower program under this section
and certifies that the Secretary will seek
future appropriations to pay the Federal
Aviation Administration’s cost of the con-
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tract to operate the tower to be con-
structed under this paragraph;
‘‘(iv) the sponsor certifies that it will
pay its share of the cost of the contract to
operate the tower to be constructed under
this paragraph; and
‘‘(v) in the case of a tower to be con-
structed 
under 
this 
paragraph 
from
amounts made available under section
47114(d)(2) or 47114(d)(3)(B), the Sec-
retary certifies that—
‘‘(I) the Federal Aviation Admin-
istration has consulted the State with-
in the borders of which the tower is to
be constructed and the State supports
the construction of the tower as part
of its State airport capital plan; and
‘‘(II) the selection of the tower
for funding is based on objective cri-
teria, giving no weight to any congres-
sional committee report, joint explana-
tory statement of a conference com-
mittee, or statutory designation.
‘‘(C) LIMITATION ON FEDERAL SHARE.—
The Federal share of the cost of construction of
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a nonapproach control tower under this para-
graph may not exceed $1,100,000.’’.
(b) CONFORMING AMENDMENTS.—Section 47124(b)
of such title is amended—
(1) in paragraph (3)(A) by striking ‘‘Level I air
traffic control towers, as defined by the Secretary,’’
and inserting ‘‘nonapproach control towers, as de-
fined by the Secretary,’’; and
(2) in paragraph (3)(E) by striking ‘‘Subject to
paragraph (4)(D), of’’ and inserting ‘‘Of’’.
(c) SAVINGS CLAUSE.—Notwithstanding the amend-
ments made by this section, the 2 towers for which assist-
ance is being provided on the day before the date of enact-
ment of this Act under section 47124(b)(4) of title 49,
United States Code, as in effect on such day, may con-
tinue to be provided such assistance under the terms of
such section.
SEC. 4. NONAPPROACH CONTROL TOWERS.
(a) IN GENERAL.—The Administrator of the Federal
Aviation Administration may enter into a lease agreement
or contract agreement with a private entity to provide for
construction and operation of a nonapproach control tower
as defined by the Secretary of Transportation.
(b) TERMS AND CONDITIONS.—An agreement en-
tered into under this section—
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(1) shall be negotiated under such procedures
as the Administrator considers necessary to ensure
the integrity of the selection process, the safety of
air travel, and to protect the interests of the United
States;
(2) may provide a lease option to the United
States, to be exercised at the discretion of the Ad-
ministrator, to occupy any general-purpose space in
a facility covered by the agreement;
(3) shall not require, unless specifically deter-
mined otherwise by the Administrator, Federal own-
ership of a facility covered under the agreement
after the expiration of the agreement;
(4) shall describe the consideration, duties, and
responsibilities for which the United States and the
private entity are responsible;
(5) shall provide that the United States will not
be liable for any action, debt, or liability of any enti-
ty created by the agreement;
(6) shall provide that the private entity may not
execute any instrument or document creating or evi-
dencing any indebtedness with respect to a facility
covered by the agreement unless such instrument or
document specifically disclaims any liability of the
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United States under the instrument or document;
and
(7) shall include such other terms and condi-
tions as the Administrator considers appropriate.
SEC. 5. USE OF APPORTIONMENTS TO PAY NON-FEDERAL
SHARE OF OPERATION COSTS.
(a) STUDY.—The Secretary of Transportation shall
conduct a study of the feasibility, costs, and benefits of
allowing the sponsor of an airport to use not to exceed
10 percent of amounts apportioned to the sponsor under
section 47114 to pay the non-Federal share of the cost
of operation of an air traffic control tower under section
47124(b) of title 49, United States Code.
(b) REPORT.—Not later than 1 year after the date
of enactment of this Act, the Secretary shall transmit to
Congress a report on the results of the study.
Passed the House of Representatives June 20, 2002.
Attest:
JEFF TRANDAHL,
Clerk.