49 U.S.C. § 41742 — Essential air service authorization

Page 1189 TITLE 49—TRANSPORTATION § 41742 shall not receive . . . unless’’ for clarity. The words ‘‘approved by the Secretary’’ are substituted for ‘‘com- plies with regulations or orders issued by the Secretary governing the filing and approval’’ to eliminate unnec- essary words. The words ‘‘The policy or plan must be sufficient to pay . . . but not more than the amount of the policy or plan limits’’ are substituted for ‘‘in the amount prescribed by the Secretary which are condi- tioned to pay, within the amount of such insurance, amounts’’ because of the restatement. The words ‘‘for which such air carrier may become liable’’ are omitted as unnecessary. The word ‘‘individual’’ is substituted for ‘‘person’’ because it is more precise. The word ‘‘op- eration’’ is substituted for ‘‘operation or maintenance’’ because it is inclusive. § 41742. Essential air service authorization (a) IN GENERAL.— (1) AUTHORIZATION.—Out of the amounts re- ceived by the Federal Aviation Administration credited to the account established under sec- tion 45303 of this title or otherwise provided to the Administration, the sum of $50,000,000 for each fiscal year is authorized and shall be made available immediately for obligation and expenditure to carry out the essential air serv- ice program under this subchapter. (2) ADDITIONAL FUNDS.—In addition to amounts authorized under paragraph (1), there is authorized to be appropriated out of the Air- port and Airway Trust Fund (established under section 9502 of the Internal Revenue Code of 1986) $348,544,000 for fiscal year 2024, $340,000,000 for fiscal year 2025, $342,000,000 for fiscal year 2026, $342,000,000 for fiscal year 2027, and $350,000,000 for fiscal year 2028 to carry out the essential air service program under this subchapter of which not more than $12,000,000 per fiscal year may be used for the marketing incentive program for communities and for State marketing assistance. (3) AUTHORIZATION FOR ADDITIONAL EMPLOY- EES.—In addition to amounts authorized under paragraphs (1) and (2), there are authorized to be appropriated such sums as may be nec- essary for the Secretary of Transportation to hire and employ 4 additional employees for the office responsible for carrying out the essen- tial air service program. (b) DISTRIBUTION OF ADDITIONAL FUNDS.—Not- withstanding any other provision of law, in any fiscal year in which funds credited to the ac- count established under section 45303, including the funds derived from fees imposed under the authority contained in section 45301(a), exceed the $50,000,000 made available under subsection (a)(1), such funds shall be made available imme- diately for obligation and expenditure to carry out the essential air service program under this subchapter. (c) AVAILABILITY OF FUNDS.—The funds made available under this section shall remain avail- able until expended. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1152; Pub. L. 104–264, title II, § 278(c), Oct. 9, 1996, 110 Stat. 3249; Pub. L. 106–181, title II, § 209(a), Apr. 5, 2000, 114 Stat. 95; Pub. L. 108–176, title IV, § 404, Dec. 12, 2003, 117 Stat. 2543; Pub. L. 112–30, title II, § 209, Sept. 16, 2011, 125 Stat. 359; Pub. L. 112–91, § 9, Jan. 31, 2012, 126 Stat. 5; Pub. L. 112–95, title IV, § 428, Feb. 14, 2012, 126 Stat. 99; Pub. L. 114–55, title I, § 107, Sept. 30, 2015, 129 Stat. 524; Pub. L. 114–141, title I, § 107, Mar. 30, 2016, 130 Stat. 324; Pub. L. 114–190, title I, § 1107, July 15, 2016, 130 Stat. 618; Pub. L. 115–63, title I, § 104(a), Sept. 29, 2017, 131 Stat. 1170; Pub. L. 115–141, div. M, title I, § 104(a), Mar. 23, 2018, 132 Stat. 1047; Pub. L. 115–254, div. B, title IV, § 451(a), Oct. 5, 2018, 132 Stat. 3347; Pub. L. 118–15, div. B, title II, § 2206(a), Sept. 30, 2023, 137 Stat. 85; Pub. L. 118–34, title I, § 106(a), Dec. 26, 2023, 137 Stat. 1115; Pub. L. 118–41, title I, § 106(a), Mar. 8, 2024, 138 Stat. 23; Pub. L. 118–63, title V, § 566, May 16, 2024, 138 Stat. 1219.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 41742 .......... 49 App.:1389(m). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 419(m); added Oct. 24, 1978, Pub. L. 95–504, § 33(a), 92 Stat. 1732; Dec. 8, 1983, Pub. L. 98–213, § 10, 97 Stat. 1461; Oct. 4, 1984, Pub. L. 98–443, § 9(r), 98 Stat. 1708; restated Dec. 30, 1987, Pub. L. 100–223, § 202(a)(1), (2), (b)(1), 101 Stat. 1507, 1517; Nov. 5, 1990, Pub. L. 101–508, § 9113(b)(1), 104 Stat. 1388–363. Editorial Notes REFERENCES IN TEXT Section 9502 of the Internal Revenue Code of 1986, re- ferred to in subsec. (a)(2), is classified to section 9502 of Title 26, Internal Revenue Code. AMENDMENTS 2024—Subsec. (a)(2). Pub. L. 118–63 substituted ‘‘$348,544,000 for fiscal year 2024, $340,000,000 for fiscal year 2025, $342,000,000 for fiscal year 2026, $342,000,000 for fiscal year 2027, and $350,000,000 for fiscal year 2028’’ for ‘‘$155,000,000 for fiscal year 2018, $158,000,000 for fiscal year 2019, $161,000,000 for fiscal year 2020, $165,000,000 for fiscal year 2021, $168,000,000 for fiscal year 2022, and $172,000,000 for fiscal year 2023, and $216,192,407 for the period beginning on October 1, 2023, and ending on May 10, 2024,’’. Pub. L. 118–41 substituted ‘‘$216,192,407 for the period beginning on October 1, 2023, and ending on May 10, 2024,’’ for ‘‘$155,115,628 for the period beginning on Octo- ber 1, 2023, and ending on March 8, 2024,’’. 2023—Subsec. (a)(2). Pub. L. 118–34 substituted ‘‘$155,115,628 for the period beginning on October 1, 2023, and ending on March 8, 2024,’’ for ‘‘$89,191,486 for the pe- riod beginning on October 1, 2023, and ending on Decem- ber 31, 2023,’’. Pub. L. 118–15 substituted ‘‘2023, and $89,191,486 for the period beginning on October 1, 2023, and ending on De- cember 31, 2023,’’ for ‘‘2023’’. 2018—Subsec. (a)(2). Pub. L. 115–254 substituted ‘‘$155,000,000 for fiscal year 2018, $158,000,000 for fiscal year 2019, $161,000,000 for fiscal year 2020, $165,000,000 for fiscal year 2021, $168,000,000 for fiscal year 2022, and $172,000,000 for fiscal year 2023’’ for ‘‘$150,000,000 for fis- cal year 2011, $143,000,000 for fiscal year 2012, $118,000,000 for fiscal year 2013, $107,000,000 for fiscal year 2014, $93,000,000 for fiscal year 2015, $175,000,000 for each of fis- cal years 2016 and 2017, and $150,000,000 for fiscal year 2018’’. Pub. L. 115–141 substituted ‘‘2016 and 2017, and $150,000,000 for fiscal year 2018’’ for ‘‘2016 and 2017, and $74,794,521 for the period beginning on October 1, 2017, and ending on March 31, 2018,’’. 2017—Subsec. (a)(2). Pub. L. 115–63 substituted ‘‘$175,000,000 for each of fiscal years 2016 and 2017, and $74,794,521 for the period beginning on October 1, 2017, Page 1190 TITLE 49—TRANSPORTATION § 41743 and ending on March 31, 2018,’’ for ‘‘and $175,000,000 for each of fiscal years 2016 and 2017’’. 2016—Subsec. (a)(2). Pub. L. 114–190 substituted ‘‘fiscal year 2014, $93,000,000 for fiscal year 2015, and $175,000,000 for each of fiscal years 2016 and 2017’’ for ‘‘fiscal year 2014, $93,000,000 for fiscal year 2015, and $122,708,333 for the period beginning on October 1, 2015, and ending on July 15, 2016,’’. Pub. L. 114–141 substituted ‘‘$122,708,333 for the period beginning on October 1, 2015, and ending on July 15, 2016,’’ for ‘‘$77,500,000 for the period beginning on Octo- ber 1, 2015, and ending on March 31, 2016,’’. 2015—Subsec. (a)(2). Pub. L. 114–55 substituted ‘‘$93,000,000 for fiscal year 2015, and $77,500,000 for the period beginning on October 1, 2015, and ending on March 31, 2016,’’ for ‘‘and $93,000,000 for fiscal year 2015’’. 2012—Subsec. (a)(1). Pub. L. 112–95, § 428(a)(1), inserted ‘‘for each fiscal year’’ before ‘‘is authorized’’ and sub- stituted ‘‘under this subchapter’’ for ‘‘under this sub- chapter for each fiscal year’’. Subsec. (a)(2). Pub. L. 112–95, § 428(a)(2), substituted ‘‘, $143,000,000 for fiscal year 2012, $118,000,000 for fiscal year 2013, $107,000,000 for fiscal year 2014, and $93,000,000 for fiscal year 2015’’ for ‘‘and $54,699,454 for the period beginning on October 1, 2011, and ending on February 17, 2012,’’. Pub. L. 112–91 substituted ‘‘and $54,699,454 for the pe- riod beginning on October 1, 2011, and ending on Feb- ruary 17, 2012,’’ for ‘‘and $50,309,016 for the period begin- ning on October 1, 2011, and ending on January 31, 2012,’’. Subsec. (b). Pub. L. 112–95, § 428(b), amended subsec. (b) generally. Prior to amendment, text read as follows: ‘‘Notwithstanding any other provision of law, moneys credited to the account established under section 45303(a) of this title, including the funds derived from fees imposed under the authority contained in section 45301(a) of this title, shall be used to carry out the es- sential air service program under this subchapter. Not- withstanding section 47114(g) of this title, any amounts from those fees that are not obligated or expended at the end of the fiscal year for the purpose of funding the essential air service program under this subchapter shall be made available to the Administration for use in improving rural air safety under subchapter I of chapter 471 of this title and shall be used exclusively for projects at rural airports under this subchapter.’’ Subsec. (c). Pub. L. 112–95, § 428(c), added subsec. (c). 2011—Subsec. (a)(2). Pub. L. 112–30 substituted ‘‘there is authorized to be appropriated out of the Airport and Airway Trust Fund (established under section 9502 of the Internal Revenue Code of 1986) $150,000,000 for fiscal year 2011 and $50,309,016 for the period beginning on Oc- tober 1, 2011, and ending on January 31, 2012,’’ for ‘‘there is authorized to be appropriated $77,000,000 for each fiscal year’’. 2003—Subsec. (a)(2). Pub. L. 108–176, § 404(1), sub- stituted ‘‘$77,000,000’’ for ‘‘$15,000,000’’ and inserted ‘‘of which not more than $12,000,000 per fiscal year may be used for the marketing incentive program for commu- nities and for State marketing assistance’’ before pe- riod at end. Subsec. (a)(3). Pub. L. 108–176, § 404(2), added par. (3). Subsec. (c). Pub. L. 108–176, § 404(3), struck out head- ing and text of subsec. (c). Text read as follows: ‘‘Not- withstanding subsections (a) and (b), in fiscal year 1997, amounts in excess of $75,000,000 that are collected in fees pursuant to section 45301(a)(1) of this title shall be available for the essential air service program under this subchapter, in addition to amounts specifically provided for in appropriations Acts.’’ 2000—Subsec. (a). Pub. L. 106–181 designated existing provisions as par. (1), inserted heading, realigned mar- gins, and added par. (2). 1996—Pub. L. 104–264 amended section generally, sub- stituting provisions relating to essential air service au- thorization for provisions stating that this subchapter was not effective after Sept. 30, 1998. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–176 applicable only to fis- cal years beginning after Sept. 30, 2003, except as other- wise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title. EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–181 applicable only to fis- cal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–264 effective on date that is 30 days after Oct. 9, 1996, see section 203 of Pub. L. 104–264, set out as a note under section 106 of this title. Except as otherwise specifically provided, amend- ment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year end- ing before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title. FUNDING FOR ESSENTIAL AIR SERVICE PROGRAM Pub. L. 112–55, div. C, title I, Nov. 18, 2011, 125 Stat. 644, provided in part: ‘‘That no funds made available under section 41742 of title 49, United States Code, and no funds made available in this Act [div. C of Pub. L. 112–55, see Tables for classification] or any other Act in any fiscal year, shall be available to carry out the es- sential air service program under sections 41731 through 41742 of such title 49 in communities in the 48 contiguous States unless the community received sub- sidized essential air service or received a 90-day notice of intent to terminate service and the Secretary re- quired the air carrier to continue to provide service to the community at any time between September 30, 2010, and September 30, 2011, inclusive’’. FINDINGS Pub. L. 104–264, title II, § 278(b), Oct. 9, 1996, 110 Stat. 3249, provided that: ‘‘Congress finds that— ‘‘(1) air service in rural areas is essential to a na- tional and international 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 sys- tem available to passengers from rural areas; ‘‘(4) rural air service has suffered since deregula- tion; ‘‘(5) the essential air service program under the De- partment of Transportation— ‘‘(A) provides essential airline access to rural and isolated rural communities throughout the Nation; ‘‘(B) is necessary for the economic growth and de- velopment of rural communities; ‘‘(C) is a critical component of the national and international 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 established to maintain air service in rural areas and the essen- tial air service program.’’ § 41743. Airports not receiving sufficient service (a) SMALL COMMUNITY AIR SERVICE DEVELOP- MENT PROGRAM.—The Secretary of Transpor- tation shall establish a program that meets the requirements of this section for improving air carrier service to airports not receiving suffi- cient air carrier service. (b) APPLICATION REQUIRED.—In order to par- ticipate in the program established under sub-