Code · U.S. Code · Title 49 - TRANSPORTATION · CHAPTER 417— OPERATIONS OF CARRIERS · SUBCHAPTER II— SMALL COMMUNITY AIR SERVICE · § 41742

§ 41742. Essential air service authorization

1,967 words·~9 min read·/usc/title-49/section-41742

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(a)In General.—

(1)Authorization.— Out of the amounts received by the Federal Aviation Administration credited to the account established under section 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 service program under this subchapter.

(2)Additional funds.— In addition to amounts authorized under paragraph (1), 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) $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 employees.— In addition to amounts authorized under paragraphs

(1)and (2), there are authorized to be appropriated such sums as may be necessary for the Secretary of Transportation to hire and employ 4 additional employees for the office responsible for carrying out the essential air service program.

(b)Distribution of Additional Funds.— Notwithstanding any other provision of law, in any fiscal year in which funds credited to the account 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 immediately 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 available 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;