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.
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 
Eligibility Fairness Act of 2003’’. 
SEC. 2. MEASUREMENT OF HIGHWAY MILEAGE FOR PUR-
POSES OF DETERMINING ELIGIBILITY FOR 
ESSENTIAL AIR SERVICE SUBSIDIES. 
(a) DETERMINATION OF ELIGIBILITY.—Subchapter 
II of Chapter 417 of title 49, United States Code, is 
amended by adding at the end the following new section:
‘‘§ 41745. Distance requirement applicable to eligi-
bility for essential air service subsidies 
‘‘(a) IN GENERAL.—The Secretary shall not provide 
assistance under this subchapter with respect to a place 
in the 48 contiguous States that—
‘‘(1) is less than 70 highway miles from the 
nearest hub airport; or 
‘‘(2) requires a rate of subsidy per passenger in 
excess of $200, unless such place is greater than 
210 highway miles from the nearest hub airport. 
‘‘(b) DETERMINATION OF MILEAGE.—For purposes 
of this section, the highway mileage between a place and 
the nearest hub airport is the highway mileage of the most 
commonly used route between the place and the hub air-
port. In identifying such route, the Secretary shall—
‘‘(1) consult with—
‘‘(A) the metropolitan planning organiza-
tion designated under section 134 of title 23, 
United States Code, for the metropolitan plan-
ning area within which such place is located; or 
‘‘(B) if no such organization exists, the 
Governor of the State in which such place is lo-
cated, or the Governor’s designee; and 
‘‘(2) request, and accept as binding if provided 
within 60 days, the certification of such organization
or person as to the most commonly used route and 
the corresponding highway mileage.’’. 
(b) CONFORMING AMENDMENT.—The analysis for 
subchapter II of chapter 417 of title 49, United States 
Code, is amended by inserting after the item relating to 
section 41744 the following new item:
‘‘41745. Distance requirement applicable to eligibility for essential air serv-
ice subsidies.’’.
SEC. 3. REPEAL. 
The following provisions of law are repealed: 
(1) Section 332 of the Department of Trans-
portation and Related Agencies Appropriations Act, 
2000 (49 U.S.C. 41731 note). 
(2) Section 205 of the Wendell H. Ford Avia-
tion Investment and Reform Act for the 21st Cen-
tury (49 U.S.C. 41731 note). 
(3) Section 334 of the Department of Trans-
portation and Related Agencies Appropriations Act, 
1999 (section 101(g) of division A of the Omnibus 
Consolidated and Emergency Supplemental Appro-
priations Act, 1999) (Public Law 105–277; 112 
Stat. 2681–471). 
SEC. 4. SECRETARIAL REVIEW. 
(a) REQUEST FOR REVIEW.—Any community with 
respect to which the Secretary has, between September 30, 
1993, and the date of the enactment of this Act, elimi-
nated subsidies or terminated subsidy eligibility under sec-
tion 332 of the Department of Transportation and Related 
Agencies Appropriations Act, 2000 (49 U.S.C. 41731 
note), Section 205 of the Wendell H. Ford Aviation In-
vestment and Reform Act for the 21st Century (49 U.S.C. 
41731 note), or any prior law of similar effect, may re-
quest the Secretary to review such action. 
(b) ELIGIBILITY DETERMINATION.—Not later than 
60 days after receiving a request under subsection (a), the 
Secretary shall—
(1) determine whether the community would 
have been subject to such elimination of subsidies or 
termination of eligibility under the distance require-
ment enacted by this Act; and 
(2) issue a final order with respect to the eligi-
bility of such community for essential air service 
subsidies under subchapter II of chapter 417 of title 
49, United States Code, as amended by this Act.
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