49 U.S. Code § 41310 - Discriminatory practices
Historical and Revision Notes |
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Revised Section |
Source (U.S. Code) |
Source (Statutes at Large) |
41310(a) |
49 App.:1374(b). |
Aug. 23, 1958, Pub. L. 85–726, § 404(b), 72 Stat. 760. |
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49 App.:1551(a)(4)(C) (related to 49 App.:1374(b)). |
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(a)(4)(C) (related to § 404(b)); added Oct. 4, 1984, Pub. L. 98–443, § 3(c), 98 Stat. 1703. |
41310(b) |
49 App.:1159a. |
June 16, 1948, ch. 473, 62 Stat. 450, § 11; added Jan. 3, 1975, Pub. L. 93–623, § 3, 88 Stat. 2103; Oct. 4, 1984, Pub. L. 98–443, § 9(c), 98 Stat. 1706. |
41310(c) |
49 App.:1159b(b)(1). |
Jan. 3, 1975, Pub. L. 93–623, 88 Stat. 2102, § 2(b)(1), (2), (4); added Feb. 15, 1980, Pub. L. 96–192, § 23, 94 Stat. 45; Oct. 4, 1984, Pub. L. 98–443, § 9(d)(2), (3), 98 Stat. 1707; Aug. 23, 1988, Pub. L. 100–418, §§ 10011, 10012(1), (2), 102 Stat. 1573. |
41310(d)(1) |
49 App.:1159b(b)(2), (4). |
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41310(d)(2) |
49 App.:1159b(b)(3). |
Jan. 3, 1975, Pub. L. 93–623, 88 Stat. 2102, § 2(b)(3), (e); added Aug. 23, 1988, Pub. L. 100–418, §§ 10012(3), 10013, 102 Stat. 1573. |
41310(e)(1) |
49 App.:1159b(a). |
Jan. 3, 1975, Pub. L. 93–623, § 2(a), 88 Stat. 2102; Oct. 4, 1984, Pub. L. 98–443, § 9(d)(1), 98 Stat. 1706. |
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49 App.:1159b(c). |
Jan. 3, 1975, Pub. L. 93–623, § 2(c), 88 Stat. 2103; Feb. 15, 1980, Pub. L. 96–192, § 23, 94 Stat. 45. |
41310(e)(2) |
49 App.:1159b(d). |
Jan. 3, 1975, Pub. L. 93–623, § 2(d), 88 Stat. 2103; Feb. 15, 1980, Pub. L. 96–192, § 23, 94 Stat. 45; Oct. 4, 1984, Pub. L. 98–443, § 9(d)(2), (4), 98 Stat. 1707. |
41310(f) |
49 App.:1159b(e). |
In subsection (a), the words “may not subject . . . to unreasonable discrimination” are substituted for “No . . . shall make, give, or cause any undue or unreasonable preference or advantage . . . in any respect whatsoever or subject . . . to any unjust discrimination or any undue or unreasonable prejudice or disadvantage in any respect whatsoever” to eliminate unnecessary words. The words “foreign air transportation” are substituted for “air transportation” because 49 App.:1551(a)(4)(C) provides that 49 App.:1374 no longer applies to interstate or overseas air transportation except insofar as 49 App.:1374 requires air carriers to provide safe and adequate service.
In subsection (b)(1), the words “at any time”, “unreasonably exceed comparable charges for furnishing such airport property or airway property in the United States or are otherwise” and “reduce such charges or” are omitted as surplus. The words “the Secretary of State shall promptly report such instances to” are omitted as surplus because the Secretary of Transportation is involved in the negotiations and aware of the failure to end the discrimination. The words “excessive or” are omitted as surplus. The words “or carriers” are omitted because of 1:1.
In subsection (b)(2), the words “in accordance with such regulations as he shall adopt” are omitted as surplus because of 49:322(a). The words “by them” are omitted as surplus.
In subsections (c)–(e), the words “United States” before “air carriers” and “air carrier” are omitted as surplus and for consistency because only a citizen of the United States may be an “air carrier” as defined in section 40102(a) of the revised title and because 49 App.:1301 applies to this section.
In subsections (c)(1) and (d)(1), before each clause (A), the words “foreign entity” and “entity” are substituted for “instrumentality” for consistency in the revised title and with other titles of the United States Code.
In subsection (c)(2), the words “alteration”, “cancellation”, “limitation”, and “pursuant to the powers of the Secretary” are omitted as surplus.
In subsection (d)(1), before clause (A), the words “department, agency, or instrumentality of the United States Government” are substituted for “agency of the Government of the United States” for consistency in the revised title and with other titles of the Code. The words “additional periods totaling not more than 30 days” are substituted for “an additional period or periods of up to 30 days each” for clarity because the amendment made by section 10111 of the Omnibus Trade and Competitiveness Act of 1988 (Public Law 100–418, 102 Stat. 1573) changed the additional period within which the Secretary had to act to only 30 days. The word “initial” is added for clarity.
In subsection (d)(2)(A), the words “the Secretaries of Commerce and State and the United States Trade Representative” are substituted for “the Department of State, the Department of Commerce, and the Office of the United States Trade Representative” because of 15:1501, 22:2651, and 19:2171, respectively.
In subsection (d)(2)(B), the words “as is consistent with acting on the complaint” are omitted as surplus.
In subsection (e)(1), before clause (A), the text of 49 App.:1159b(a) (1st, 2d sentences) is omitted as executed. The words “The Secretaries of State, the Treasury, and Transportation” are substituted for “The Department of State, the Department of the Treasury, the Department of Transportation” because of 22:2651, 31:301(b), and 49:102(b), respectively. The words “the heads of” and “instrumentalities of the Government” are added for consistency in the revised title and with other titles of the Code. The word “jurisdictions” is substituted for “respective functions” for clarity and consistency. In clause (A), the words “within its jurisdiction . . . such forms of” are omitted as surplus. Clause (B) is substituted for 49 App.:1159b(c) to eliminate unnecessary words.
In subsection (e)(2), the words “faced by United States carriers in foreign air transportation”, “as may be”, and “required by this subsection” are omitted as surplus.
2000—Subsec. (d)(1). Pub. L. 106–181, § 741(b)(1)(A), (B), in first sentence of introductory provisions, substituted “air carrier, computer reservations system firm,” for “air carrier” and “subsection (c) or (g)” for “subsection (c)”.
Subsec. (d)(1)(B). Pub. L. 106–181, § 741(b)(1)(C), substituted “air carrier or computer reservations system firm” for “air carrier”.
Subsec. (e)(1). Pub. L. 106–181, § 741(b)(2), inserted “or a computer reservations system firm is subject when providing services with respect to airline service” before period at end of first sentence.
Subsec. (g). Pub. L. 106–181, § 741(a), added subsec. (g).
1996—Subsec. (f). Pub. L. 104–287 substituted “Transportation and Infrastructure” for “Public Works and Transportation”.
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
For termination, effective May 15, 2000, of provisions in subsec. (e)(2) of this section relating to the requirement that the Secretary of Transportation report annually to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 21st item on page 132 of House Document No. 103–7.