Page:United States Statutes at Large Volume 108 Part 2.djvu/400

 108 STAT. 1116 PUBLIC LAW 103-272—JULY 5, 1994 authority of the agency to impose a passenger facility fee to the extent the Secretary decides that the revenue is not being used as provided in this section. (3) The Secretary may set off amounts necessary to ensure compliance with this section against amounts otherwise payable to an eligible agency under subchapter I of chapter 471 of this title if the Secretary decides a passenger facility fee is excessive or that passenger facility revenue is not being used as provided in this section. (i) REGULATIONS. — The Secretary shall prescribe regulations necessary to carry out this section. The regulations— (1) may prescribe the time and form by which a passenger facility fee takes effect; and (2) shall— (A) require an air carrier or foreign air carrier and its agent to collect a passenger facility fee that an eligible agency imposes under this section; (B) establish procedures for handling and remitting money collected; (C) ensure that the money, less a uniform amount the Secretary determines reflects the average necessary and reasonable expenses (net of interest accruing to the carrier and agent after collection and before remittance) incurred in collecting and handling the fee, is paid promptly to the eligible agency for which they are collected; and (D) require that the amount collected for any air transportation be noted on the ticket for that air transportation. §40118. Government-financed air transportation (a) TRANSPORTATION BY AIR CARRIERS HOLDING CERTIFI- CATES. —^A department, agency, or instrumentality of the United States Government shall take necessary steps to ensure that the transportation of passengers and property by air is provided by an air carrier holding a certificate under section 41102 of this title if— (1) the department, agency, or instrumentality— (A) obtains the transportation for itself or in carrying out an arrangement under which payment is made by the Government or payment is made from amounts provided for the use of the Government; or (B) provides the transportation to or for a foreign country or international or other organization without reimbursement; (2) the transportation is authorized by the certificate or by regulation or exemption of the Secretary of Transportation; and (3) the air carrier is— (A) available, if the transportation is between a place in the United States and a place outside the United States; or (B) reasonably available, if the transportation is between 2 places outside the United States. (b) TRANSPORTATION BY FOREIGN AIR CARRIERS.— This section does not preclude the transportation of passengers and property by a foreign air carrier if the transportation is provided under a bilateral or multilateral air transportation agreement to which

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