I
104TH CONGRESS
2D SESSION
H. R. 3037
To amend title 49, United States Code, to provide funding for the essential
air service program, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 6, 1996
Mr. POMEROY introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
A BILL
To amend title 49, United States Code, to provide funding
for the essential air service program, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Rural Air Service Survival Act’’.
(b) FINDINGS.—Congress finds that—
(1) air service in rural areas is essential to a
national transportation network;
(2) the rural air service infrastructure supports
the safe operation of all air travel;
(3) rural air service creates economic benefits
for all air carriers by making the national aviation
system available to passengers from rural areas;
(4) rural air service has suffered since deregula-
tion;
(5) the essential air service program under the
Department of Transportation—
(A) provides essential airline access to
rural and isolated rural communities through-
out the Nation;
(B) is necessary for the economic growth
and development of rural communities;
(C) is a critical component of the national
transportation system of the United States; and
(D) has endured serious funding cuts in
recent years; and
(6) a reliable source of funding must be estab-
lished to maintain air service in rural areas and the
essential air service program.
SEC. 2. FEES TO FINANCE ESSENTIAL AIR SERVICE PRO-
GRAM.
(a) IN GENERAL.—Chapter 401 of title 49, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 40121. Fees to finance essential air service pro-
gram
‘‘(a) ESTABLISHMENT OF FEES.—
‘‘(1) IN GENERAL.—Not later than 6 months
after the effective date of this section, the Federal
Aviation Administration shall establish and begin
collecting fees for the following services provided by
the Federal Aviation Administration:
‘‘(A) Services (other than air traffic con-
trol services) provided to a foreign government.
‘‘(B) Air traffic control services for flights
over the United States or its territories by air
carriers that neither arrive at nor depart from
a United States airport (other than such flights
by foreign government aircraft engaged in offi-
cial business).
‘‘(2) CONSIDERATIONS.—In establishing fees
under paragraph (1), the Administration shall con-
sider the fair value, or cost, of the service provided
by the Administration.
‘‘(3) DEPOSIT OF PROCEEDS.—The Administra-
tion shall deposit all proceeds from fees collected
under paragraph (1) in the account established by
subsection (b)(1).
‘‘(b) ACCOUNT IN THE TREASURY.—
‘‘(1) ESTABLISHMENT.—There is established in
the Treasury of the United States a separate ac-
count which shall consist of amounts deposited into
the account by the Administration under subsection
(a)(3).
‘‘(2) AVAILABILITY OF AMOUNTS.—
‘‘(A) IN GENERAL.—Funds in the account
established by paragraph (1) shall be available
to the Administration to pay compensation to
air carriers under the essential air service pro-
gram established by subchapter II of chapter
417 of this title.
‘‘(B) UNOBLIGATED FUNDS.—Any unobli-
gated funds remaining in the account at the
end of a fiscal year shall be available to the Ad-
ministration for safety-related projects at air-
ports for which essential air service is provided
under subchapter II of chapter 417 of this title.
Such projects shall be subject to the require-
ments of subchapter I of chapter 471 of this
title.
‘‘(3) REPORTING OF TRANSACTIONS.—For each
fiscal year, the Administration shall transmit to
Congress a report on the receipts, obligations, and
expenditures of funds in the account established by
paragraph (1).’’.
(b) CONFORMING AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by add-
ing at the end the following new item:
‘‘40121. Fees to finance essential air service program.’’.
SEC. 3. MODIFICATIONS TO ESSENTIAL AIR SERVICE PRO-
GRAM.
(a) ADMINISTRATION BY FAA.—Subchapter II of
chapter 417 of title 49, United States Code, is amended—
(1) by striking ‘‘Secretary of Transportation’’
each place it appears (other than section 41733(a))
and inserting ‘‘Federal Aviation Administration’’;
(2) by striking ‘‘Secretary’’ each place it ap-
pears (other than section 41733(a)) and inserting
‘‘Administration’’;
(3) by striking ‘‘Administrator of the Federal
Aviation’’ each place it appears; and
(4) in section 41733(b)(1), as amended by
paragraph (2) of this subsection, by inserting ‘‘Fed-
eral Aviation’’ before ‘‘Administration’’ the first
place it appears.
(b) MATCHING FUNDS.—Section 41737 of title 49,
United States Code, is amended by adding at the end the
following: