Title 49 — Transportation
Part A · Chapter 417 — Operations of Carriers
§ 41742. Essential air service authorization
Statutory text
In General.—
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.
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.
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.
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.
Availability of Funds.—
The funds made available under this section shall remain available until expended.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 103–272 § 1(e) · 108 Stat. 745
Enacted · 49 U.S.C. § 41742
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1152
Source evidence
Code source credit
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1152Enacted provision · exact public law section
Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:Air Traffic Management System Performance Improvement Act of 1996
Pub. L. 104–264 title II § 278(c) · 110 Stat. 3213
Amended · 49 U.S.C. § 41742
Pub. L. 104–264 amended section generally
Substituted · 49 U.S.C. § 41742
Pub. L. 104–264 substituting provisions relating to essential air service authorization for provisions stating that this subchapter was not effective after Sept. 30, 1998
Source evidence
Code amendment note
Pub. L. 104–264 amended section generally, substituting provisions relating to essential air service authorization for provisions stating that this subchapter was not effective after Sept. 30, 1998.Enacted provision · exact public law section
(c) Essential Air Service Authorization.— Section 41742 is amended to read as follows: “§41742. Essential air service authorization “(a) In General.— 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 is authorized and shall be made available immediately for obligation and expenditure to carry out the essential air service program under this subchapter for each fiscal year. “(b) Funding for Small Community Air Service.— 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 essential air service program under this subchapter. Notwithstanding 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. “(c) Special Rule for Fiscal Year 1997.— Notwithstanding 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.”.Wendell H. Ford Aviation Investment and Reform Act for the 21st Century
Pub. L. 106–181 title II § 209(a) · 114 Stat. 61
Amended · 49 U.S.C. § 41742(a)
Pub. L. 106–181 designated existing provisions as par. (1)
Inserted · 49 U.S.C. § 41742(a)
Pub. L. 106–181 inserted heading, realigned margins
Added · 49 U.S.C. § 41742(a)
Pub. L. 106–181 added par. (2)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 106–181 designated existing provisions as par. (1), inserted heading, realigned margins, and added par. (2).Enacted provision · exact public law section
(a) Authorization of Appropriation.— Section 41742(a) is amended— (1) by striking “Out of” and inserting the following: “(1) Authorization.— Out of”; (2) by adding at the end the following: “(2) Additional funds.— In addition to amounts authorized under paragraph (1), there is authorized to be appropriated $15,000,000 for each fiscal year to carry out the essential air service program under this subchapter.”; and (3) by aligning paragraph (1) (as designated by paragraph (1) of this subsection) with paragraph (2) (as added by paragraph (2) of this subsection).Pub. L. 108–176 § 404(1) · 117 Stat. 2490
Substituted · 49 U.S.C. § 41742(a)(2)
Pub. L. 108–176, § 404(1), substituted “$77,000,000” for “$15,000,000”
Inserted · 49 U.S.C. § 41742(a)(2)
Pub. L. 108–176, § 404(1), inserted “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” before period at end
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 108–176, § 404(1), substituted “$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 communities and for State marketing assistance” before period at end.Enacted provision · exact public law section
(1) in subsection (a)(2)— (A) by striking “$15,000,000” and inserting “$77,000,000”; and (B) by inserting before the period at the end “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”;Effective date note
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.Pub. L. 108–176 § 404(2) · 117 Stat. 2490
Added · 49 U.S.C. § 41742(a)(3)
Pub. L. 108–176, § 404(2), added par. (3)
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 108–176, § 404(2), added par. (3).Enacted provision · exact public law section
(2) by adding at the end of subsection (a) the following: “(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.” ; andEffective date note
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.Pub. L. 108–176 § 404(3) · 117 Stat. 2490
Struck · 49 U.S.C. § 41742(c)
Pub. L. 108–176, § 404(3), struck out heading and text of subsec. (c). Text read as follows: “Notwithstanding 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.”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 108–176, § 404(3), struck out heading and text of subsec. (c). Text read as follows: “Notwithstanding 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.”Enacted provision · exact public law section
(3) by striking subsection (c).Effective date note
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.Airport and Airway Extension Act of 2011, Part V
Pub. L. 112–30 title II § 209 · 125 Stat. 359
Substituted · 49 U.S.C. § 41742(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 October 1, 2011, and ending on January 31, 2012,” for “there is authorized to be appropriated $77,000,000 for each fiscal year”
Source evidence
Code amendment note
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 October 1, 2011, and ending on January 31, 2012,” for “there is authorized to be appropriated $77,000,000 for each fiscal year”.Enacted provision · exact public law section
SEC. 209. ESSENTIAL AIR SERVICE. Section 41742(a)(2) of title 49, United States Code, is amended by striking “there is authorized to be appropriated $77,000,000 for each fiscal year” and inserting “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 October 1, 2011, and ending on January 31, 2012,”.Pub. L. 112–91 § 9 · 126 Stat. 5
Substituted · 49 U.S.C. § 41742(a)(2)
Pub. L. 112–91 substituted “and $54,699,454 for the period beginning on October 1, 2011, and ending on February 17, 2012,” for “and $50,309,016 for the period beginning on October 1, 2011, and ending on January 31, 2012,”
Unresolved: Pub. L. 112–91 was not found in the local Statutes at Large index.
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 112–91 substituted “and $54,699,454 for the period beginning on October 1, 2011, and ending on February 17, 2012,” for “and $50,309,016 for the period beginning on October 1, 2011, and ending on January 31, 2012,”.FAA Modernization and Reform Act of 2012
Pub. L. 112–95 § 428(a)(1) · 126 Stat. 11
Inserted · 49 U.S.C. § 41742(a)(1)
Pub. L. 112–95, § 428(a)(1), inserted “for each fiscal year” before “is authorized”
Substituted · 49 U.S.C. § 41742(a)(1)
Pub. L. 112–95, § 428(a)(1), substituted “under this subchapter” for “under this subchapter for each fiscal year”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 112–95, § 428(a)(1), inserted “for each fiscal year” before “is authorized” and substituted “under this subchapter” for “under this subchapter for each fiscal year”.Enacted provision · exact public law section
(1) in paragraph (1)— (A) by inserting “for each fiscal year” before “is authorized”; and (B) by striking “under this subchapter for each fiscal year” and inserting “under this subchapter”; andFAA Modernization and Reform Act of 2012
Pub. L. 112–95 § 428(a)(2) · 126 Stat. 11
Substituted · 49 U.S.C. § 41742(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,”
Source evidence
Code amendment note
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,”.Enacted provision · exact public law section
(2) in paragraph (2) by striking “and $54,699,454 for the period beginning on October 1, 2011, and ending on February 17, 2012,” and inserting “, $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”.FAA Modernization and Reform Act of 2012
Pub. L. 112–95 § 428(b) · 126 Stat. 11
Amended · 49 U.S.C. § 41742(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 essential air service program under this subchapter. Notwithstanding 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.”
Source evidence
Code amendment note
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 essential air service program under this subchapter. Notwithstanding 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.”Enacted provision · exact public law section
(b) Distribution of Additional Funds.— Section 41742(b) is amended to read as follows: “(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.” .FAA Modernization and Reform Act of 2012
Pub. L. 112–95 § 428(c) · 126 Stat. 11
Added · 49 U.S.C. § 41742(c)
Pub. L. 112–95, § 428(c), added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 112–95, § 428(c), added subsec. (c).Enacted provision · exact public law section
(c) Availability of Funds.— Section 41742 is amended by adding at the end the following: “(c) Availability of Funds.— The funds made available under this section shall remain available until expended.” .Airport and Airway Extension Act of 2015
Pub. L. 114–55 title I § 107 · 129 Stat. 522
Substituted · 49 U.S.C. § 41742(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
SEC. 107. ESSENTIAL AIR SERVICE. Section 41742(a) of title 49, United States Code, is amended by striking “and $93,000,000 for fiscal year 2015” and inserting “$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,”.Airport and Airway Extension Act of 2016
Pub. L. 114–141 title I § 107 · 130 Stat. 322
Substituted · 49 U.S.C. § 41742(a)(2)
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 October 1, 2015, and ending on March 31, 2016,”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
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 October 1, 2015, and ending on March 31, 2016,”.Enacted provision · exact public law section
SEC. 107. ESSENTIAL AIR SERVICE. Section 41742(a)(2) of title 49, United States Code, is amended by striking “$77,500,000 for the period beginning on October 1, 2015, and ending on March 31, 2016,” and inserting “$122,708,333 for the period beginning on October 1, 2015, and ending on July 15, 2016,”.FAA Extension, Safety, and Security Act of 2016
Pub. L. 114–190 title I § 1107 · 130 Stat. 615
Substituted · 49 U.S.C. § 41742(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,”
Source evidence
Code amendment note
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,”.Enacted provision · exact public law section
SEC. 1107. ESSENTIAL AIR SERVICE. Section 41742(a)(2) of title 49, United States Code, is amended by striking “fiscal year 2014,” and all that follows through “July 15, 2016,” and inserting “fiscal year 2014, $93,000,000 for fiscal year 2015, and $175,000,000 for each of fiscal years 2016 and 2017”.Disaster Tax Relief and Airport and Airway Extension Act of 2017
Pub. L. 115–63 title I § 104(a) · 131 Stat. 1168
Substituted · 49 U.S.C. § 41742(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, and ending on March 31, 2018,” for “and $175,000,000 for each of fiscal years 2016 and 2017”
Source evidence
Code amendment note
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, and ending on March 31, 2018,” for “and $175,000,000 for each of fiscal years 2016 and 2017”.Enacted provision · exact public law section
(a) Essential Air Service Authorization.— Section 41742(a)(2) of title 49, United States Code, is amended by striking “and $175,000,000 for each of fiscal years 2016 and 2017” and inserting “$175,000,000 for each of fiscal years 2016 and 2017, and $74,794,521 for the period beginning on October 1, 2017, and ending on March 31, 2018,”.Department of Commerce Appropriations Act, 2018
Pub. L. 115–141 div. M title I § 104(a) · 132 Stat. 348
Substituted · 49 U.S.C. § 41742(a)(2)
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,”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
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,”.Enacted provision · exact public law section
Sec. 104. The 33 USC 878a note. requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 (Public Law 112–55), as amended by section 105 of title I of division B of Public Law 113–6, are hereby adopted by reference and made applicable with respect to fiscal year 2018: Provided, That the life cycle cost for the Joint Polar Satellite System is $11,322,125,000 and the life cycle cost for the Geostationary Operational Environmental Satellite R-Series Program is $10,828,059,000.FAA Reauthorization Act of 2018
Pub. L. 115–254 div. B title IV § 451(a) · 132 Stat. 3187
Substituted · 49 U.S.C. § 41742(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 fiscal 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 fiscal years 2016 and 2017, and $150,000,000 for fiscal year 2018”
Source evidence
Code amendment note
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 fiscal 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 fiscal years 2016 and 2017, and $150,000,000 for fiscal year 2018”.Enacted provision · exact public law section
(a) In General.— Section 41742(a)(2) of title 49, United States Code, is amended by striking “$150,000,000 for fiscal year 2011” and all that follows before “to carry out” and inserting “$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”.Continuing Appropriations Act, 2024 and Other Extensions Act
Pub. L. 118–15 div. B title II § 2206(a) · 137 Stat. 71
Substituted · 49 U.S.C. § 41742(a)(2)
Pub. L. 118–15 substituted “2023, and $89,191,486 for the period beginning on October 1, 2023, and ending on December 31, 2023,” for “2023”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 118–15 substituted “2023, and $89,191,486 for the period beginning on October 1, 2023, and ending on December 31, 2023,” for “2023”.Enacted provision · exact public law section
(a) Essential Air Service Authorization.— Section 41742(a)(2) of title 49, United States Code, is amended by striking “2023” and inserting “2023, and $89,191,486 for the period beginning on October 1, 2023, and ending on December 31, 2023,”.Airport and Airway Extension Act of 2023, Part II
Pub. L. 118–34 title I § 106(a) · 137 Stat. 1112
Substituted · 49 U.S.C. § 41742(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 period beginning on October 1, 2023, and ending on December 31, 2023,”
Source evidence
Code amendment note
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 period beginning on October 1, 2023, and ending on December 31, 2023,”.Enacted provision · exact public law section
(a) Essential Air Service Authorization.— Section 41742(a)(2) of title 49, United States Code, is amended by striking “$89,191,486 for the period beginning on October 1, 2023, and ending on December 31, 2023,” and inserting “$155,115,628 for the period beginning on October 1, 2023, and ending on March 8, 2024,”.Pub. L. 118–41 title I § 106(a) · 138 Stat. 23
Substituted · 49 U.S.C. § 41742(a)(2)
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 October 1, 2023, and ending on March 8, 2024,”
Unresolved: Pub. L. 118–41 was not found in the local Statutes at Large index.
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
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 October 1, 2023, and ending on March 8, 2024,”.Pub. L. 118–63 title V § 566 · 138 Stat. 1219
Substituted · 49 U.S.C. § 41742(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,”
Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
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,”.
24 of 27 references resolved to an enrolled provision · 3 unresolved
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| RevisedSection | 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, referred to in subsec. (a)(2), is classified to section 9502 of Title 26, Internal Revenue Code.
Amendments1996–2024 · 11 rounds
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 , and ending on ,”.
Pub. L. 118–41 substituted “$216,192,407 for the period beginning on , and ending on ,” for “$155,115,628 for the period beginning on , and ending on ,”.
2023
Subsec. (a)(2). Pub. L. 118–34 substituted “$155,115,628 for the period beginning on , and ending on ,” for “$89,191,486 for the period beginning on , and ending on ,”.
Pub. L. 118–15 substituted “2023, and $89,191,486 for the period beginning on , and ending on ,” 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 fiscal 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 fiscal 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 , and ending on ,”.
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 , and ending on ,” 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 , and ending on ,”.
Pub. L. 114–141 substituted “$122,708,333 for the period beginning on , and ending on ,” for “$77,500,000 for the period beginning on , and ending on ,”.
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 , and ending on ,” 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 substituted “under this subchapter” for “under this subchapter 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 , and ending on ,”.
Pub. L. 112–91 substituted “and $54,699,454 for the period beginning on , and ending on ,” for “and $50,309,016 for the period beginning on , and ending on ,”.
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 essential air service program under this subchapter. Notwithstanding 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 , and ending on ,” for “there is authorized to be appropriated $77,000,000 for each fiscal year”.
2003
Subsec. (a)(2). Pub. L. 108–176, § 404(1), substituted “$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 communities and for State marketing assistance” before period at end.
Subsec. (a)(3). Pub. L. 108–176, § 404(2), added par. (3).
Subsec. (c). Pub. L. 108–176, § 404(3), struck out heading and text of subsec. (c). Text read as follows: “Notwithstanding 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 margins, and added par. (2).
1996
Pub. L. 104–264 amended section generally, substituting provisions relating to essential air service authorization for provisions stating that this subchapter was not effective after .
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after , except as otherwise 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 fiscal years beginning after , 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 , see section 203 of Pub. L. 104–264, set out as a note under section 106 of this title.
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after , and not to be construed as affecting funds made available for a fiscal year ending before , 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, , 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 essential air service program under sections 41731 through 41742 of such title 49 in communities in the 48 contiguous States unless the community received subsidized essential air service or received a 90-day notice of intent to terminate service and the Secretary required the air carrier to continue to provide service to the community at any time between , and , inclusive”.
Findings
Pub. L. 104–264, title II, § 278(b), , 110 Stat. 3249, provided that:
“Congress finds that—
“(1) air service in rural areas is essential to a national 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 system available to passengers from rural areas;
“(4) rural air service has suffered since deregulation;
“(5) the essential air service program under the Department of Transportation—
“(A) provides essential airline access to rural and isolated rural communities throughout the Nation;
“(B) is necessary for the economic growth and development 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 essential air service program.”
Credits
1994–2024 · 17 acts
- 1994Pub. L. 103–272, § 1(e), , 108 Stat. 1152
- 1996Pub. L. 104–264, title II, § 278(c), , 110 Stat. 3249
- 2000Pub. L. 106–181, title II, § 209(a), , 114 Stat. 95
- 2003Pub. L. 108–176, title IV, § 404, , 117 Stat. 2543
- 2011Pub. L. 112–30, title II, § 209, , 125 Stat. 359
- 2012Pub. L. 112–91, § 9, , 126 Stat. 5
- 2012Pub. L. 112–95, title IV, § 428, , 126 Stat. 99
- 2015Pub. L. 114–55, title I, § 107, , 129 Stat. 524
- 2016Pub. L. 114–141, title I, § 107, , 130 Stat. 324
- 2016Pub. L. 114–190, title I, § 1107, , 130 Stat. 618
- 2017Pub. L. 115–63, title I, § 104(a), , 131 Stat. 1170
- 2018Pub. L. 115–141, div. M, title I, § 104(a), , 132 Stat. 1047
- 2018Pub. L. 115–254, div. B, title IV, § 451(a), , 132 Stat. 3347
- 2023Pub. L. 118–15, div. B, title II, § 2206(a), , 137 Stat. 85
- 2023Pub. L. 118–34, title I, § 106(a), , 137 Stat. 1115
- 2024Pub. L. 118–41, title I, § 106(a), , 138 Stat. 23
- 2024Pub. L. 118–63, title V, § 566, , 138 Stat. 1219.
Show as published
(Pub. L. 103–272, § 1(e), , 108 Stat. 1152; Pub. L. 104–264, title II, § 278(c), , 110 Stat. 3249; Pub. L. 106–181, title II, § 209(a), , 114 Stat. 95; Pub. L. 108–176, title IV, § 404, , 117 Stat. 2543; Pub. L. 112–30, title II, § 209, , 125 Stat. 359; Pub. L. 112–91, § 9, , 126 Stat. 5; Pub. L. 112–95, title IV, § 428, , 126 Stat. 99; Pub. L. 114–55, title I, § 107, , 129 Stat. 524; Pub. L. 114–141, title I, § 107, , 130 Stat. 324; Pub. L. 114–190, title I, § 1107, , 130 Stat. 618; Pub. L. 115–63, title I, § 104(a), , 131 Stat. 1170; Pub. L. 115–141, div. M, title I, § 104(a), , 132 Stat. 1047; Pub. L. 115–254, div. B, title IV, § 451(a), , 132 Stat. 3347; Pub. L. 118–15, div. B, title II, § 2206(a), , 137 Stat. 85; Pub. L. 118–34, title I, § 106(a), , 137 Stat. 1115; Pub. L. 118–41, title I, § 106(a), , 138 Stat. 23; Pub. L. 118–63, title V, § 566, , 138 Stat. 1219.)