Public Law 119-73 (01/23/2026)

49 U.S.C. § 41742

Essential air service authorization

(a)

In General.—

(1)

Authorization .—

section 45303 of this titleOut of the amounts received by the Federal Aviation Administration credited to the account established under 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)108 Stat. 1152Pub. L. 104–264, title II, § 278(c)110 Stat. 3249Pub. L. 106–181, title II, § 209(a)114 Stat. 95Pub. L. 108–176, title IV, § 404117 Stat. 2543Pub. L. 112–30, title II, § 209125 Stat. 359Pub. L. 112–91, § 9126 Stat. 5Pub. L. 112–95, title IV, § 428126 Stat. 99Pub. L. 114–55, title I, § 107129 Stat. 524Pub. L. 114–141, title I, § 107130 Stat. 324Pub. L. 114–190, title I, § 1107130 Stat. 618Pub. L. 115–63, title I, § 104(a)131 Stat. 1170Pub. L. 115–141, div. M, title I, § 104(a)132 Stat. 1047Pub. L. 115–254, div. B, title IV, § 451(a)132 Stat. 3347Pub. L. 118–15, div. B, title II, § 2206(a)137 Stat. 85Pub. L. 118–34, title I, § 106(a)137 Stat. 1115Pub. L. 118–41, title I, § 106(a)138 Stat. 23Pub. L. 118–63, title V, § 566138 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 Title 26Section 9502 of the Internal Revenue Code of 1986, referred to in subsec. (a)(2), is classified to , Internal Revenue Code.

Amendments

Pub. L. 118–632024—Subsec. (a)(2). 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 ,”.

Pub. L. 118–342023—Subsec. (a)(2). 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”.

Pub. L. 115–2542018—Subsec. (a)(2). 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 ,”.

Pub. L. 115–632017—Subsec. (a)(2). 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”.

Pub. L. 114–1902016—Subsec. (a)(2). 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 ,”.

Pub. L. 114–552015—Subsec. (a)(2). 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”.

Pub. L. 112–95, § 428(a)(1)2012—Subsec. (a)(1). , inserted “for each fiscal year” before “is authorized” and substituted “under this subchapter” for “under this subchapter for each fiscal year”.

Pub. L. 112–95, § 428(a)(2)Subsec. (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 ,”.

Pub. L. 112–95, § 428(b)section 45303(a) of this titlesection 45301(a) of this titlesection 47114(g) of this titleSubsec. (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 , including the funds derived from fees imposed under the authority contained in , shall be used to carry out the essential air service program under this subchapter. Notwithstanding , 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.”

Pub. L. 112–95, § 428(c)Subsec. (c). , added subsec. (c).

Pub. L. 112–302011—Subsec. (a)(2). 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”.

Pub. L. 108–176, § 404(1)2003—Subsec. (a)(2). , 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.

Pub. L. 108–176, § 404(2)Subsec. (a)(3). , added par. (3).

Pub. L. 108–176, § 404(3)section 45301(a)(1) of this titleSubsec. (c). , 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 shall be available for the essential air service program under this subchapter, in addition to amounts specifically provided for in appropriations Acts.”

Pub. L. 106–1812000—Subsec. (a). designated existing provisions as par. (1), inserted heading, realigned margins, and added par. (2).

Pub. L. 104–2641996— 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

Pub. L. 108–176section 3 of Pub. L. 108–176section 106 of this titleAmendment by applicable only to fiscal years beginning after , except as otherwise specifically provided, see , set out as a note under .

Effective Date of 2000 Amendment

Pub. L. 106–181section 3 of Pub. L. 106–181section 106 of this titleAmendment by applicable only to fiscal years beginning after , see , set out as a note under .

Effective Date of 1996 Amendment

Pub. L. 104–264section 203 of Pub. L. 104–264section 106 of this titleAmendment by effective on date that is 30 days after , see , set out as a note under .

Pub. L. 104–264section 3 of Pub. L. 104–264section 106 of this titleExcept as otherwise specifically provided, amendment by applicable only to fiscal years beginning after , and not to be construed as affecting funds made available for a fiscal year ending before , see , set out as a note under .

Funding for Essential Air Service Program

Pub. L. 112–55, div. C, title I125 Stat. 644

section 41742 of title 49Pub. L. 112–55“That no funds made available under , United States Code, and no funds made available in this Act [div. C of , 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”.
, , , provided in part:

Findings

Pub. L. 104–264, title II, § 278(b)110 Stat. 3249

“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.”
, , , provided that: