
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-181 Section 741]
[CITE: 49USC41310]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                     subpart ii--economic regulation
 
                 CHAPTER 413--FOREIGN AIR TRANSPORTATION
 
Sec. 41310. Discriminatory practices

    (a) Prohibition.--An air carrier or foreign air carrier may not 
subject a person, place, port, or type of traffic in foreign air 
transportation to unreasonable discrimination.
    (b) Review and Negotiation of Discriminatory Foreign Charges.--(1) 
The Secretary of Transportation shall survey charges imposed on an air 
carrier by the government of a foreign country or another foreign entity 
for the use of airport property or airway property in foreign air 
transportation. If the Secretary of Transportation decides that a charge 
is discriminatory, the Secretary promptly shall report the decision to 
the Secretary of State. The Secretaries of State and Transportation 
promptly shall begin negotiations with the appropriate government to end 
the discrimination. If the discrimination is not ended in a reasonable 
time through negotiation, the Secretary of Transportation shall 
establish a compensating charge equal to the discriminatory charge. With 
the approval of the Secretary of State, the Secretary of the Treasury 
shall impose the compensating charge on a foreign air carrier of that 
country as a condition to accepting the general declaration of the 
aircraft of the foreign air carrier when it lands or takes off.
    (2) The Secretary of the Treasury shall maintain an account to 
credit money collected under paragraph (1) of this subsection. An air 
carrier shall be paid from the account an amount certified by the 
Secretary of Transportation to compensate the air carrier for the 
discriminatory charge paid to the government.
    (c) Actions Against Discriminatory Activity.--(1) The Secretary of 
Transportation may take actions the Secretary considers are in the 
public interest to eliminate an activity of a government of a foreign 
country or another foreign entity, including a foreign air carrier, when 
the Secretary, on the initiative of the Secretary or on complaint, 
decides that the activity--
        (A) is an unjustifiable or unreasonable discriminatory, 
    predatory, or anticompetitive practice against an air carrier; or
        (B) imposes an unjustifiable or unreasonable restriction on 
    access of an air carrier to a foreign market.

    (2) The Secretary of Transportation may deny, amend, modify, 
suspend, revoke, or transfer under paragraph (1) of this subsection a 
foreign air carrier permit or tariff under section 41302, 41303, 
41304(a), 41504(c), 41507, or 41509 of this title.
    (d) Filing of, and Acting on, Complaints.--(1) An air carrier or a 
department, agency, or instrumentality of the United States Government 
may file a complaint under subsection (c) of this section with the 
Secretary of Transportation. The Secretary shall approve, deny, or 
dismiss the complaint, set the complaint for a hearing or investigation, 
or begin another proceeding proposing remedial action not later than 60 
days after receiving the complaint. The Secretary may extend the period 
for acting for additional periods totaling not more than 30 days if the 
Secretary decides that with additional time it is likely that a 
complaint can be resolved satisfactorily through negotiations with the 
government of the foreign country or foreign entity. The Secretary must 
act not later than 90 days after receiving the complaint. However, the 
Secretary may extend this 90-day period for not more than an additional 
90 days if, on the last day of the initial 90-day period, the Secretary 
finds that--
        (A) negotiations with the government have progressed to a point 
    that a satisfactory resolution of the complaint appears imminent;
        (B) an air carrier has not been subjected to economic injury by 
    the government or entity as a result of filing the complaint; and
        (C) the public interest requires additional time before the 
    Secretary acts on the complaint.

    (2) In carrying out paragraph (1) of this subsection and subsection 
(c) of this section, the Secretary of Transportation shall--
        (A) solicit the views of the Secretaries of Commerce and State 
    and the United States Trade Representative;
        (B) give an affected air carrier or foreign air carrier 
    reasonable notice and an opportunity to submit written evidence and 
    arguments within the time limits of this subsection; and
        (C) submit to the President under section 41307 or 41509(f) of 
    this title actions proposed by the Secretary of Transportation.

    (e) Review.--(1) The Secretaries of State, the Treasury, and 
Transportation and the heads of other departments, agencies, and 
instrumentalities of the Government shall keep under review, to the 
extent of each of their jurisdictions, each form of discrimination or 
unfair competitive practice to which an air carrier is subject when 
providing foreign air transportation. Each Secretary and head shall--
        (A) take appropriate action to eliminate any discrimination or 
    unfair competitive practice found to exist; and
        (B) request Congress to enact legislation when the authority to 
    eliminate the discrimination or unfair practice is inadequate.

    (2) The Secretary of Transportation shall report to Congress 
annually on each action taken under paragraph (1) of this subsection and 
on the continuing program to eliminate discrimination and unfair 
competitive practices. The Secretaries of State and the Treasury each 
shall give the Secretary of Transportation information necessary to 
prepare the report.
    (f) Reports.--Not later than 30 days after acting on a complaint 
under this section, the Secretary of Transportation shall report to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate on action taken under this section on the 
complaint.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1130; Pub. L. 104-
287, Sec. 5(9), Oct. 11, 1996, 110 Stat. 3389.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
41310(a)..............................  49 App.:1374(b).                 Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          404(b
), 72 Stat. 760.
                                        49 App.:1551(a)(4)(C) (related   Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                         to 49 App.:1374(b)).             731, 
Sec.  1601(a)(4)(C) (related to
                                                                          Sec. 
 404(b)); added Oct. 4, 1984,
                                                                          Pub. 
L. 98-443, Sec.  3(c), 98 Stat.
                                                                          1703.
41310(b)..............................  49 App.:1159a.                   June 1
6, 1948, ch. 473, 62 Stat. 450,
                                                                          Sec. 
 11; added Jan. 3, 1975, Pub. L.
                                                                          93-62
3, Sec.  3, 88 Stat. 2103; Oct.
                                                                          4, 19
84, Pub. L. 98-443, Sec.  9(c),
                                                                          98 St
at. 1706.
41310(c)..............................  49 App.:1159b(b)(1).             Jan. 3
, 1975, Pub. L. 93-623, 88 Stat.
                                                                          2102,
 Sec.  2(b)(1), (2), (4); added
                                                                          Feb. 
15, 1980, Pub. L. 96-192, Sec.
                                                                          23, 9
4 Stat. 45; Oct. 4, 1984, Pub. L.
                                                                          98-44
3, Sec.  9(d)(2), (3), 98 Stat.
                                                                          1707;
 Aug. 23, 1988, Pub. L. 100-418,
                                                                          Secs.
  10011, 10012(1), (2), 102 Stat.
                                                                          1573.
41310(d)(1)...........................  49 App.:1159b(b)(2), (4).
41310(d)(2)...........................  49 App.:1159b(b)(3).             Jan. 3
, 1975, Pub. L. 93-623, 88 Stat.
                                                                          2102,
 Sec.  2(b)(3), (e); added Aug.
                                                                          23, 1
988, Pub. L. 100-418, Secs.
                                                                          10012
(3), 10013, 102 Stat. 1573.
41310(e)(1)...........................  49 App.:1159b(a).                Jan. 3
, 1975, Pub. L. 93-623, Sec.
                                                                          2(a),
 88 Stat. 2102; Oct. 4, 1984,
                                                                          Pub. 
L. 98-443, Sec.  9(d)(1), 98
                                                                          Stat.
 1706.
                                        49 App.:1159b(c).                Jan. 3
, 1975, Pub. L. 93-623, Sec.
                                                                          2(c),
 88 Stat. 2103; Feb. 15, 1980,
                                                                          Pub. 
L. 96-192, Sec.  23, 94 Stat. 45.
41310(e)(2)...........................  49 App.:1159b(d).                Jan. 3
, 1975, Pub. L. 93-623, Sec.
                                                                          2(d),
 88 Stat. 2103; Feb. 15, 1980,
                                                                          Pub. 
L. 96-192, Sec.  23, 94 Stat. 45;
                                                                          Oct. 
4, 1984, Pub. L. 98-443, Sec.
                                                                          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.


                               Amendments

    1996--Subsec. (f). Pub. L. 104-287 substituted ``Transportation and 
Infrastructure'' for ``Public Works and Transportation''.

                  Section Referred to in Other Sections

    This section is referred to in sections 40109, 41110, 46301 of this 
title.
