I 

108TH CONGRESS 

1ST SESSION H. R. 1944

To revise eligibility requirements applicable to essential air service subsidies. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 1, 2003

Mr. PITTS introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure 

A BILL

To revise eligibility requirements applicable to essential air 

service subsidies.

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 ‘‘Essential Air Service 

5 Eligibility Fairness Act of 2003’’. 

6 SEC. 2. MEASUREMENT OF HIGHWAY MILEAGE FOR PUR7 POSES OF DETERMINING ELIGIBILITY FOR 

8 ESSENTIAL AIR SERVICE SUBSIDIES. 

9 (a) DETERMINATION OF ELIGIBILITY.—Subchapter 

10 II of Chapter 417 of title 49, United States Code, is 

11 amended by adding at the end the following new section: 
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1 ‘‘§ 41745. Distance requirement applicable to eligi2 bility for essential air service subsidies 

3 ‘‘(a) IN GENERAL.—The Secretary shall not provide 

4 assistance under this subchapter with respect to a place 

5 in the 48 contiguous States that—

6 ‘‘(1) is less than 70 highway miles from the 

7 nearest hub airport; or 

8 ‘‘(2) requires a rate of subsidy per passenger in 

9 excess of $200, unless such place is greater than 

10 210 highway miles from the nearest hub airport. 

11 ‘‘(b) DETERMINATION OF MILEAGE.—For purposes 

12 of this section, the highway mileage between a place and 

13 the nearest hub airport is the highway mileage of the most 

14 commonly used route between the place and the hub air15 port. In identifying such route, the Secretary shall—

16 ‘‘(1) consult with—

17 ‘‘(A) the metropolitan planning organiza18 tion designated under section 134 of title 23, 

19 United States Code, for the metropolitan plan20 ning area within which such place is located; or 

21 ‘‘(B) if no such organization exists, the 

22 Governor of the State in which such place is lo23 cated, or the Governor’s designee; and 

24 ‘‘(2) request, and accept as binding if provided 

25 within 60 days, the certification of such organization 
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1 or person as to the most commonly used route and 

2 the corresponding highway mileage.’’. 

3 (b) CONFORMING AMENDMENT.—The analysis for 

4 subchapter II of chapter 417 of title 49, United States 

5 Code, is amended by inserting after the item relating to 

6 section 41744 the following new item:

‘‘41745. Distance requirement applicable to eligibility for essential air service subsidies.’’.

7 SEC. 3. REPEAL. 

8 The following provisions of law are repealed: 

9 (1) Section 332 of the Department of Trans10 portation and Related Agencies Appropriations Act, 

11 2000 (49 U.S.C. 41731 note). 

12 (2) Section 205 of the Wendell H. Ford Avia13 tion Investment and Reform Act for the 21st Cen14 tury (49 U.S.C. 41731 note). 

15 (3) Section 334 of the Department of Trans16 portation and Related Agencies Appropriations Act, 

17 1999 (section 101(g) of division A of the Omnibus 

18 Consolidated and Emergency Supplemental Appro19 priations Act, 1999) (Public Law 105–277; 112 

20 Stat. 2681–471). 

21 SEC. 4. SECRETARIAL REVIEW. 

22 (a) REQUEST FOR REVIEW.—Any community with 

23 respect to which the Secretary has, between September 30, 

24 1993, and the date of the enactment of this Act, elimi-
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1 nated subsidies or terminated subsidy eligibility under sec2 tion 332 of the Department of Transportation and Related 

3 Agencies Appropriations Act, 2000 (49 U.S.C. 41731 

4 note), Section 205 of the Wendell H. Ford Aviation In5 vestment and Reform Act for the 21st Century (49 U.S.C. 

6 41731 note), or any prior law of similar effect, may re7 quest the Secretary to review such action. 

8 (b) ELIGIBILITY DETERMINATION.—Not later than 

9 60 days after receiving a request under subsection (a), the 

10 Secretary shall—

11 (1) determine whether the community would 

12 have been subject to such elimination of subsidies or 

13 termination of eligibility under the distance require14 ment enacted by this Act; and 

15 (2) issue a final order with respect to the eligi16 bility of such community for essential air service 

17 subsidies under subchapter II of chapter 417 of title 

18 49, United States Code, as amended by this Act.

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