[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 975 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 975

To revise eligibility requirements applicable to essential air service 
                               subsidies.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 1, 2003

  Mr. Specter (for himself and Mr. Santorum) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To revise eligibility requirements applicable to essential air service 
                               subsidies.

    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 ``Essential Air Service Eligibility 
Fairness Act of 2003''.

SEC. 2. MEASUREMENT OF HIGHWAY MILEAGE FOR PURPOSES 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:
``Sec. 41745. Distance requirement applicable to eligibility 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 airport. In identifying such route, the Secretary shall--
            ``(1) consult with--
                    ``(A) the metropolitan planning organization 
                designated under section 134 of title 23, United States 
                Code, for the metropolitan planning area within which 
                such place is located; or
                    ``(B) if no such organization exists, the Governor 
                of the State in which such place is located, 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 service subsidies.''.

SEC. 3. REPEAL.

    The following provisions of law are repealed:
            (1) Section 332 of the Department of Transportation and 
        Related Agencies Appropriations Act, 2000 (49 U.S.C. 41731 
        note).
            (2) Section 205 of the Wendell H. Ford Aviation Investment 
        and Reform Act for the 21st Century (49 U.S.C. 41731 note).
            (3) Section 334 of the Department of Transportation and 
        Related Agencies Appropriations Act, 1999 (section 101(g) of 
        division A of the Omnibus Consolidated and Emergency 
        Supplemental Appropriations 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, eliminated subsidies or terminated subsidy 
eligibility under section 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 Investment and Reform Act 
for the 21st Century (49 U.S.C. 41731 note), or any prior law of 
similar effect, may request 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 requirement enacted by this Act; and
            (2) issue a final order with respect to the eligibility 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.
                                 <all>