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49 U.S.C. § 41737 — Compensation guidelines, limitations, and claims

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 41737 — Compensation guidelines, limitations, and claims

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Source file: Laws/federal/codes/united-states-code/title-49/section-41737-compensation-guidelines-limitations-and-claims--655156bd79.md
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Source location: Title 49, Chapter 417, § 41737; chapter-417-operations-of-carriers.md

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**(a) Compensation Guidelines.—** (1) The Secretary of Transportation shall prescribe guidelines governing the rate of compensation payable under this subchapter. The guidelines shall be used to determine the reasonable amount of compensation required to ensure the continuation of air service or air transportation under this subchapter. The guidelines shall— (A) provide for a reduction in compensation when an air carrier does not provide service or transportation agreed to be provided; (B) consider amounts needed by an air carrier to promote public use of the service or transportation for which compensation is being paid; (C) include expense elements based on representative costs of air carriers providing scheduled air transportation of passengers, property, and mail on aircraft of the type the Secretary decides is appropriate for providing the service or transportation for which compensation is being provided; (D) include provisions under which the Secretary may encourage an air carrier to improve air service for which compensation is being paid under this subchapter by incorporating financial incentives in an essential air service contract based on specified performance goals, including goals related to improving on-time performance, reducing the number of flight cancellations, establishing reasonable fares (including joint fares beyond the hub airport), establishing convenient connections to flights providing service beyond hub airports, and increasing marketing efforts; and (E) include provisions under which the Secretary may execute a long-term essential air service contract to encourage an air carrier to provide air service to an eligible place if it would be in the public interest to do so. (2) Promotional amounts described in paragraph (1)(B) of this subsection shall be a special, segregated element of the compensation provided to a carrier under this subchapter. **(b) Required Finding.—** The Secretary may pay compensation to an air carrier for providing air service or air transportation under this subchapter only if the Secretary finds the carrier is able to provide the service or transportation in a reliable way. **(c) Claims.—** Not later than 15 days after receiving a written claim from an air carrier for compensation under this subchapter, the Secretary shall— (1) pay or deny the United States Government’s share of a claim; and (2) if denying the claim, notify the carrier of the denial and the reasons for the denial. **(d) Authority To Make Agreements and Incur Obligations.—** The Secretary may make agreements and incur obligations from the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 ([26 U.S.C. 9502](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section9502&num=0&edition=prelim)) to pay compensation under this subchapter. An agreement by the Secretary under this subsection is a contractual obligation of the Government to pay the Government’s share of the compensation. **(e) Adjustments to Account for Significantly Increased Costs.—** (1) **In general.—** — If the Secretary determines that air carriers are experiencing significantly increased costs in providing air service or air transportation for which compensation is being paid under this subchapter, the Secretary may increase the rates of compensation payable under this subchapter without regard to any agreement or requirement relating to the renegotiation of contracts or any notice requirement under section 41734. (2) **Readjustment if costs subsequently decline.—** — If an adjustment is made under paragraph (1), and total unit costs subsequently decrease to at least the total unit cost reflected in the compensation rate, then the Secretary may reverse the adjustment previously made under paragraph (1) without regard to any agreement or requirement relating to the renegotiation of contracts or any notice requirement under section 41734. (3) **Significantly increased costs defined.—** — In this subsection, the term “significantly increased costs” means a total unit cost increase (but not increases in individual unit costs) of 10 percent or more in relation to the total unit cost reflected in the compensation rate, based on the carrier’s internal audit of its financial statements if such cost increase is incurred for a period of at least 2 consecutive months.

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 9502 — Black Lung Disability Trust Fund

**(a) Creation of Trust Fund** (1) **In general** — There is established in the Treasury of the United States a trust fund to be known as the “Black Lung Disability Trust Fund”, consisting of such amounts as may be appropriated or credited to the Black Lung Disability Trust Fund. (2) **Trustees** — The trustees of the Black Lung Disability Trust Fund shall be the Secretary of the Treasury, the Secretary of Labor, and the Secretary of Health and Human Services. **(b) Transfer of certain taxes; other receipts** (1) **Transfer to Black Lung Disability Trust Fund of amounts equivalent to certain taxes** — There are hereby appropriated to the Black Lung Disability Trust Fund amounts equivalent to the taxes received in the Treasury under section 4121 or subchapter B of chapter 42. (2) **Certain repaid amounts, etc.** — The following amounts shall be credited to the Black Lung Disability Trust Fund: (A) Amounts repaid or recovered under subsection (b) of section 424 of the Black Lung Benefits Act (including interest thereon). (B) Amounts paid as fines or penalties, or interest thereon, under section 423, 431, or 432 of the Black Lung Benefits Act. (C) Amounts paid into the Black Lung Disability Trust Fund by a trust described in section 501(c)(21). **(c) Repayable advances** (1) **Authorization** — There are authorized to be appropriated to the Black Lung Disability Trust Fund, as repayable advances, such sums as may from time to time be necessary to make the expenditures described in subsection (d). (2) **Repayment with interest** — Repayable advances made to the Black Lung Disability Trust Fund shall be repaid, and interest on such advances shall be paid, to the general fund of the Treasury when the Secretary of the Treasury determines that moneys are availa

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 9502

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 9502 — Airport and Airway Trust Fund

Page 4114 TITLE 26—INTERNAL REVENUE CODE § 9502 made from the Black Lung Disability Trust Fund es- tablished by section 3(a) of the Black Lung Benefits Revenue Act of 1977 [former section 934a(a) of Title 30, Mineral Lands and Mining], the provisions of the Act relating to the payment of benefits to miners and to el- igible survivors of miners, as in effect immediately be- fore the date of the enactment of this Act [Mar. 1, 1978], shall take effect, as rules and regulations of the Sec- retary of Labor until such provisions are revoked, amended, or revised by law. The Secretary of Labor may promulgate additional rules and regulations to carry out such provisions and shall make benefit pay- ments to miners and to eligible survivors of miners in accordance with such provisions.’’ § 9502. Airport and Airway Trust Fund (a) Creation of Trust Fund There is established in the Treasury of the United States a trust fund to be known as the ‘‘Airport and Airway Trust Fund’’, consisting of such amounts as may be appropriated, credited, or paid into the Airport and Airway Trust Fund as provided in this section, section 9503(c)(5), or section 9602(b). (b) Transfers to Airport and Airway Trust Fund There are hereby appropriated to the Airport and Airway Trust Fund amounts equivalent to— (1) the taxes received in the Treasury under— (A) section 4041(c) (relating to aviation fuels), (B) section 4043 (relating to surtax on fuel used in aircraft part of a fractional owner- ship program), (C) sections 4261 and 4271 (relating to transportation by air), and (D) section 4081 with respect to aviation gasoline and kerosene to the extent attrib- utable to the rate specified in section 4081(a)(2)(C), and (2) the amounts determined by the Secretary of the Treasury to be

Source: Supplied 2024 U.S. Code historical extraction · 26 U.S.C. § 9502

Stored review status: historical_2024_not_currentness_verified. The source passage cites 26 U.S.C. § 9502. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 41737 — Compensation guidelines, limitations,

Page 1187 TITLE 49—TRANSPORTATION § 41737 § 41737. Compensation guidelines, limitations, and claims (a) COMPENSATION GUIDELINES.—(1) The Sec- retary of Transportation shall prescribe guide- lines governing the rate of compensation pay- able under this subchapter. The guidelines shall be used to determine the reasonable amount of compensation required to ensure the continu- ation of air service or air transportation under this subchapter. The guidelines shall— (A) provide for a reduction in compensation when an air carrier does not provide service or transportation agreed to be provided; (B) consider amounts needed by an air car- rier to promote public use of the service or transportation for which compensation is being paid; (C) include expense elements based on rep- resentative costs of air carriers providing scheduled air transportation of passengers, property, and mail on aircraft of the type the Secretary decides is appropriate for providing the service or transportation for which com- pensation is being provided; (D) include provisions under which the Sec- retary may encourage an air carrier to im- prove air service for which compensation is being paid under this subchapter by incor- porating financial incentives in an essential air service contract based on specified per- formance goals, including goals related to im- proving on-time performance, reducing the number of flight cancellations, establishing reasonable fares (including joint fares beyond the hub airport), establishing convenient con- nections to flights providing service beyond hub airports, and increasing marketing ef- forts; and (E) include provisions under which the Sec- retary may execute a long-term essential air service contract to encourage an air carrier to provide air

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 41737

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