[Congressional Record Volume 149, Number 176 (Tuesday, December 9, 2003)]
[Senate]
[Page S16137]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself, Ms. Snowe, Mr. Schumer, Mr. Leahy, 
        Mrs. Clinton, Mr. Nelson of Nebraska, Mrs. Lincoln, Mr. Hagel, 
        Mr. Jeffords, Mr. Domenici, Mr. Harkin, and Mr. Pryor):
  S. 1998. A bill to amend title 49, United States Code, to preserve 
the essential air service program; to the Committee on Commerce, 
Science, and Transportation.
  Mr. BINGAMAN. Mr. President, I rise today to introduce the bipartisan 
Essential Air Service Preservation Act of 2003. I am pleased to have my 
colleague Senator Snowe as the principal cosponsor of the bill. Senator 
Snowe has been a long-time champion of commercial air service in rural 
areas, and I appreciate her continued leadership on this important 
legislation. Senators Shumer, Leahy, Clinton, Ben Nelson, Lincoln, 
Hagel, Jeffords, Domenici, and Harkin, are also cosponsors of the bill.
  Congress established the Essential Air Service Program in 1978 to 
ensure that communities that had commercial air service before airline 
deregulation could continue to receive scheduled service. Without EAS, 
many rural communities would have no commercial air service at all.
  Our bill is very simple. It preserves Congress's intent in the 
Essential Air Service program by repealing a provision in the FAA 
reauthorization bill that would for the first time require communities 
to pay for their commercial air service.
  Congress has already barred the Department of Transportation from 
implementing any cost sharing requirements on Essential Air Service 
communities for one year. This bill would now make the ban permanent. I 
believe that implementing any mandatory cost sharing is the first step 
in the total elimination of scheduled air service for many rural 
communities.
  It is indeed a sad commentary on this Congress that my colleagues and 
I have to introduce this bill at all. Time and again Congress has gone 
on record opposing mandatory cost sharing for EAS communities, yet it 
keeps coming back.
  In June, during consideration of the FAA reauthorization bill, 
Senator Inhofe and I, with 13 bipartisan cosponsors, offered an 
amendment that struck out a provision in that bill imposing mandatory 
cost sharing on some EAS communities.
  I was pleased the full Senate agreed and voted to eliminate mandatory 
cost sharing from the FAA reauthorization bill. In parallel, the full 
House of Representatives adopted a similar amendment to the FAA bill. 
Thus, the bills that were sent to conference required no cost sharing 
for EAS communities.
  Most students of government would tell you that when a majority of 
both houses of Congress have voted against a particular measure, the 
conferees couldn't arbitrarily put it back in. Well, they did. In 
another example of this Congress's secret back room dealing, the 
conferees excluded the minority members, flagrantly ignored the will of 
the majority in the House and the Senate, and restored the very cost-
sharing language both houses one month before had voted to reject. I 
believe adding this extraneous and objectionable provision was an 
egregious violation of the conference process.
  When cost sharing showed up in the FAA conference report, Congress, 
with bipartisan support, stopped the Department of Transportation from 
implementing the measure for one year by barring the use of 2004 
appropriations for that purpose. The bill we are introducing today 
permanently repeals the mandatory cost-sharing requirements that the 
conferees reinserted into the FAA reauthorization bill after both the 
House and Senate had voted not to include them. I hope both houses of 
Congress will again do the right thing by passing our bill.
  All across America, small communities face ever-increasing hurdles to 
promoting their economic growth and development. Today, many rural 
areas lack access to interstate or even four-lane highways, railroads 
or broadband telecommunications. Business development in rural areas 
frequently hinges on the availability of scheduled air service. For 
small communities, commercial air service provides a critical link to 
the national and international transportation system.
  The Essential Air Service Program currently ensures commercial air 
service to over 100 communities in 34 states. EAS supports an 
additional 33 communities in Alaska. Because of increasing costs and 
the current financial turndown in the aviation industry, particularly 
among commuter airlines, about 28 additional communities have been 
forced into the EAS program since the terrorist attacks in 2001.
  In my State of New Mexico, five cities currently rely on EAS for 
their commercial air service. The communities are Clovis, Hobbs, 
Carlsbad, Alamogordo and my hometown of Silver City. In each case 
commercial service is provided to Albuquerque, the State's business 
center and largest city.
  I believe this ill-conceived proposal requiring cities to pay to 
continue to have commercial air service could not come at a worse time 
for small communities already facing depressed economies and declining 
tax revenues.
  As I understand it, the mandatory cost-sharing requirements in the 
FAA reauthorization bill could affect communities in as many as 22 
states. Based an analyses by my staff, the individual cities that may 
be affected are as follows:

       Alabama--Muscle Shoals; Arizona--Prescott, Kingman; 
     Arkansas--Hot Springs, Harrison, Jonesboro; Colorado--Pueblo; 
     Georgia--Athens; Iowa--Fort Dodge, Burlington; Kansas--
     Salina; Kentucky--Owensboro; Maine--Augusta, Rockland; 
     Michigan--Iron Mt.; Mississippi--Laurel; Nebraska--Norfolk; 
     New Hampshire--Lebanon; New Mexico--Hobbs, Alamogordo, 
     Clovis; New York--Saranac Lake, Watertown, Jamestown, 
     Plattsburgh; Oklahoma--Ponca City, Enid; Pennsylvania--
     Johnstown, Oil City, Bradford, Altoona; South Dakota--
     Brookings, Watertown; Tennessee--Jackson; Texas--Victoria; 
     Vermont--Rutland; Washington--Moses Lake.

  As I see it, the choice here is clear: If we do not preserve the 
Essential Air Service Program today, we could soon see the end of all 
commercial air service in rural areas. The EAS program provides vital 
resources that help link rural communities to the national and global 
aviation system. Our bill will preserve the essential air service 
program and help ensure affordable, reliable, and safe air service 
remains available in rural America. Congress is already on record 
opposing mandatory cost sharing. I hope all Senators will once again 
join us in opposing this attack on rural America.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1998

       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 
     Preservation Act of 2003''.

     SEC. 2. REPEAL OF EAS LOCAL PARTICIPATION PROGRAM.

       (a) In General.--Subchapter II of chapter 417 of title 49, 
     United States Code, is amended by striking section 41747, and 
     such title shall be applied as if such section 41747 had not 
     been enacted.
       (b) Conforming Amendment.--The analysis for subchapter II 
     of chapter 417 of title 49, United States Code, is amended by 
     striking the item relating to section 41747.
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