I 
108TH CONGRESS 
1ST SESSION H. R. 2077
To amend title 49, United States Code, to enhance essential air service. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 13, 2003
Mr. MORAN of Kansas (for himself, Mr. REHBERG, Mr. BOOZMAN, Mr. SHU-
STER, Mr. JOHNSON of Illinois, Mr. UDALL of New Mexico, Mr. PETER-
SON of Pennsylvania, Mr. MICHAUD, and Mr. PEARCE) introduced the 
following bill; which was referred to the Committee on Transportation 
and Infrastructure 
A BILL 
To amend title 49, United States Code, to enhance essential 
air service.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Essential Air Service 
Modernization Act of 2003’’. 
SEC. 2. AUTHORIZATION. 
Section 
41742(a)(2) 
is 
amended 
by 
striking 
‘‘$15,000,000’’ and inserting ‘‘$75,000,000’’.
SEC. 3. TERMINATION NOTICE. 
Section 41733 of title 49, United States Code, is 
amended by adding at the end the following—
‘‘(f) TERMINATION NOTICE.—If the Secretary de-
cides to terminate basic essential service to an eligible 
place, the Secretary shall notify the affected community 
not less than 90 days before such service is to be termi-
nated.’’. 
SEC. 4. JOINT PROPOSALS. 
(a) IN GENERAL.—Section 41740 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: ‘‘The Secretary shall facilitate and assist in estab-
lishing negotiations between major and national air car-
riers and air carriers that provide essential air service to 
an eligible place in order to determine equitable joint 
fares.’’. 
(b) REPORT.—Not later than 12 months after enact-
ment of this Act, the Secretary shall transmit a report 
to Congress regarding the progress and effectiveness of 
implementation of the amendment made by subsection (a). 
SEC. 5. COMMUNITY AND REGIONAL CHOICE PROGRAM. 
(a) IN GENERAL.—Subchapter II of chapter 417 of 
title 49, United States Code, is amended by adding at the 
end the following:
‘‘§ 41745. Community and regional choice program 
‘‘(a) ESTABLISHMENT.—The Secretary of Transpor-
tation shall establish an alternate essential air service pro-
gram in accordance with the requirements of this section. 
‘‘(b) COMPENSATION TO ELIGIBLE PLACES.—In car-
rying out the program, the Secretary, instead of paying 
compensation to an air carrier to provide essential air 
service to an eligible place, may pay compensation directly 
to a unit of local government having jurisdiction over the 
eligible place or a State within the boundaries of which 
the eligible place is located. 
‘‘(c) USE OF COMPENSATION.—A unit of local gov-
ernment or State receiving compensation for an eligible 
place under the program shall use the compensation for 
any of the following purposes: 
‘‘(1) To provide assistance to an air carrier to 
provide scheduled air service to and from the eligible 
place, without being subject to the requirements of 
41732(b). 
‘‘(2) To provide assistance to a person to pro-
vide scheduled or on-demand air taxi service to and
from the eligible place and a non-hub or a small, 
medium, or large hub. 
‘‘(3) To provide assistance to a person to pro-
vide scheduled or on-demand surface transportation
‘‘(f) SUBSEQUENT PARTICIPATION.—A unit of local 
government participating in the program under this sec-
tion in a fiscal year shall not be prohibited from partici-
pating in the basic essential air service program under this 
chapter in a subsequent fiscal year if such unit is other-
wise eligible to participate in such basic program. 
‘‘(g) FUNDING.—Amounts appropriated or otherwise 
made available to carry out the essential air service pro-
gram under this subchapter shall be available to carry out 
this section.
‘‘§ 41746. Compensation for units of local government 
‘‘Of the amounts made available under section 
41742(a) the Secretary shall pay directly to a unit of local 
government having jurisdiction over the eligible place not 
less than $5,000 for such fiscal year to promote public 
use of the air service or transportation for which com-
pensation is being paid.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
such chapter is amended by inserting after the item relat-
ing to section 41744 the following:
‘‘41745. Community and regional choice program. 
‘‘41746. Compensation for units of local government.’’.
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