To amend title 49, United States Code, to provide assistance for the construction of certain air traffic control towers.

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

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 Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Small Airport Safety, Security, and Air Service Improvement Act of 2003'.

SEC. 2. INCLUSION OF TOWERS IN AIRPORT DEVELOPMENT.

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 control, 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 TOWERS.

(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 provide grants to a sponsor of--

`(i) a primary airport--

`(I) from amounts made available under sections 47114(c)(1) and 47114(c)(2) for the construction or improvement of a nonapproach control tower, as defined by the Secretary, and for the acquisition and installation of air traffic control, communications, and related equipment to be used in that tower;

`(II) from amounts made available under sections 47114(c)(1) and 47114(c)(2) for reimbursement for the cost of construction or improvement of a nonapproach control tower, as defined by the Secretary, incurred after October 1, 1996, if the sponsor complied with the requirements of sections 47107(e), 47112(b), and 47112(c) in constructing or improving that tower; and

`(III) from amounts made available under sections 47114(c)(1) and 47114(c)(2) for reimbursement for the cost of acquiring and installing in that tower air traffic control, communications, and related equipment that

was acquired or installed after October 1, 1996; and

`(ii) a public-use airport that is not a primary airport--

`(I) from amounts made available under sections 47114(c)(2) and 47114(d) for the construction or improvement of a nonapproach control tower, as defined by the Secretary, and for the acquisition and installation of air traffic control, communications, and related equipment to be used in that tower;

`(II) from amounts made available under sections 47114(c)(2) and 47114(d)(3)(A) for reimbursement for the cost of construction or improvement of a nonapproach control tower, as defined by the Secretary, incurred after October 1, 1996, if the sponsor complied with the requirements of sections 47107(e), 47112(b), and 47112(c) in constructing or improving that tower; and

`(III) from amounts made available 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, communications, and related equipment that was acquired or installed after October 1, 1996.

`(B) ELIGIBILITY- An airport sponsor shall be eligible for a grant under this paragraph only if--

`(i)(I) the sponsor is a participant in the Federal Aviation Administration contract tower program established under subsection (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 receiving assistance under this paragraph;

`(iii) the Secretary affirmatively accepts 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 contract to operate the tower to be constructed 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 constructed under this paragraph from amounts made available under section 47114(d)(2) or 47114(d)(3)(B), the Secretary certifies that--

`(I) the Federal Aviation Administration has consulted the State within 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 criteria, giving no weight to any congressional committee report, joint explanatory statement of a conference committee, or statutory designation.

`(C) LIMITATION ON FEDERAL SHARE- The Federal share of the cost of construction of a nonapproach control tower under this paragraph 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 defined 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 amendments made by this section, the 2 towers for which assistance is being provided on the day before the date of enactment of this Act under section 47124(b)(4) of title 49, United States Code, as in effect on such day, may continue 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 entered into under this section--

(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 Administrator, to occupy any general-purpose space in a facility covered by the agreement;

(3) shall not require, unless specifically determined otherwise by the Administrator, Federal ownership 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 entity created by the agreement;

(6) shall provide that the private entity may not execute any instrument or document creating or evidencing any indebtedness with respect to a facility covered by the agreement unless such instrument or document specifically disclaims any liability of the United States under the instrument or document; and

(7) shall include such other terms and conditions 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 of title 49, United States Code, to pay the non-Federal share of the cost of operation of an air traffic control tower under section 47124(b) of such title.

(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.

END