15 U.S.C. § 9097: Minimum air service guarantees

Summary

The Secretary of Transportation can require airlines that got government money under this law to keep running scheduled flights to any airport they served before March 1, 2020, when it is reasonable and possible. The Secretary must think about the needs of small and remote communities and the importance of keeping medical devices, supplies, and medicines moving when making these decisions. That power ends on March 1, 2022, and any such flight requirements stop then. Congress asks the Secretary to also consider lost service from airline consolidations, mismatches in how airports are grouped, local area characteristics, the role of air service in vaccine distribution, and community objections about which airports are included.

Title 15, §9097

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(a)In general

The Secretary of Transportation is authorized to require, to the extent reasonable and practicable, an air carrier provided financial assistance under this part to maintain scheduled air transportation, as the Secretary of Transportation determines necessary, to ensure services to any point served by that air carrier before March 1, 2020.

(b)Required considerations

When considering whether to exercise the authority provided by this section, the Secretary of Transportation shall take into consideration the air transportation needs of small and remote communities, the need to maintain well-functioning health care supply chains, including medical devices and supplies, and pharmaceutical supply chains.

(c)Sunset

The authority provided under this section shall terminate on March 1, 2022, and any requirements issued by the Secretary of Transportation under this section shall cease to apply after that date.

(d)Sense of Congress

It is the sense of Congress that, when implementing this section, the Secretary of Transportation should take into consideration the following:

(1)A number of airports and communities have lost air service as a result of consolidated operations by covered air carriers, as permitted by the Department of Transportation, including smaller airports that are located near larger airports.

(2)Airports covering common points, as determined by the Department of Transportation, do not align with the grouping commonly used by many air carriers, other Federal agencies, and distribution channels used by consumers to purchase air travel.

(3)The demographic, geographic, economic, and other characteristics of an area and affected communities when determining whether consolidated operations at a single airport effectively serve the needs of the point.

(4)Maintaining a robust air transportation system, including maintaining air service to airports throughout the United States, plays an important role in the effective distribution of a coronavirus vaccine.

(5)The objections from community respondents on whether a specific airport should or should not be included in a consolidated point, including those objections noting the importance of the required considerations set forth in subsection (b).

Notes & Related Subsidiaries

Editorial Notes

References in Text

This part, referred to in subsec. (a), was in the original “this subtitle”, meaning subtitle A (§§ 401–412) of title IV of div. N of Pub. L. 116–260, Dec. 27, 2020, 134 Stat. 2052, which enacted this part and amended section 9041, 9071, and 9074 of this title. For complete classification of subtitle A to the Code, see Tables. Codification Section was enacted as part of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, and also as part of the Consolidated Appropriations Act, 2021, and not as part of the CARES Act which in part comprises this chapter.

§9097 Minimum Air Service Guarantees

Summary

Title 15, §9097

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata