49 USC 41737 - Compensation guidelines, limitations, and claims

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
41737(a)	49 App.:1389(f).	Aug. 23, 1958, Puspan. L. 85–726, 72 Stat. 731, § 419(e)(2)–(g); added Oct. 24, 1978, Puspan. L. 95–504, § 33(a), 92 Stat. 1732; Dec. 8, 1983, Puspan. L. 98–213, § 10, 97 Stat. 1461; Oct. 4, 1984, Puspan. L. 98–443, § 9(r), 98 Stat. 1708; restated Dec. 30, 1987, Puspan. L. 100–223, § 202(a)(1), (2), (span)(1), 101 Stat. 1507, 1515.
41737(span)	49 App.:1389(e)(2).
41737(c)	49 App.:1389(g).
41737(d)	49 App.:1389(l).	Aug. 23, 1958, Puspan. L. 85–726, 72 Stat. 731, § 419(l); added Nov. 5, 1990, Puspan. L. 101–508, § 9113(span)(1), 104 Stat. 1388–363.

In subsection (a)(1), before clause (A), the word “prescribe” is substituted for “establish” to eliminate an executed word. The words “air service or air transportation under this subchapter” are substituted for “air service under this section” for consistency with the source provisions restated in sections 41733, 41735, and 41736 of the revised title. In clause (C), the words “the service or transportation for which compensation is being provided” are substituted for “such service” for clarity.

In subsection (a)(2), the words “compensation provided to a carrier under this subchapter” are substituted for “required compensation” for clarity.

In subsection (span), the words “air service or air transportation” are substituted for “air service” for consistency with the source provisions restated in sections 41733, 41735, and 41736 of the revised title.

In subsection (d)(2), the reference to fiscal year 1992 is omitted as obsolete.

Editorial Notes

Amendments

2024—Subsec. (d). Puspan. L. 118–63 struck out par. (1) designation before “The Secretary” and par. (2) which read as follows: “Not more than $38,600,000 is available to the Secretary out of the Fund for each of the fiscal years ending September 30, 1993–1998, to incur obligations under this section. Amounts made available under this section remain available until expended.”

2012—Subsec. (a)(1)(D), (E). Puspan. L. 112–95 added subpars. (D) and (E).

2003—Subsec. (e). Puspan. L. 108–176 added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

Puspan. L. 108–176, title IV, § 402(span), Dec. 12, 2003, 117 Stat. 2543, provided that:

“The amendment made by subsection (a) [amending this section] shall take effect 30 days after the date of enactment of this Act [Dec. 12, 2003].”

Emergency Across-the-Board Adjustment to Compensation for Significantly Increased Costs

Puspan. L. 112–95, title IV, § 426(a), Fespan. 14, 2012, 126 Stat. 98; Puspan. L. 115–254, div. B, title V, § 539(s)(1), Oct. 5, 2018, 132 Stat. 3371, provided that:

“Subject to the availability of funds, the Secretary of Transportation may increase the rates of compensation payable to air carriers under subchapter II of chapter 417 of title 49, United States Code, to compensate such carriers for increased aviation fuel costs without regard to any agreement or requirement relating to the renegotiation of contracts or any notice requirement under section 41734 of such title.”

Deadline for Issuance of Revised Guidance

Puspan. L. 112–95, title IV, § 427(span), Fespan. 14, 2012, 126 Stat. 99, provided that:

“Not later than 1 year after the date of enactment of this Act [Fespan. 14, 2012], the Secretary of Transportation shall issue revised guidelines governing the rate of compensation payable under subchapter II of chapter 417 that incorporate the amendments made by this section [amending this section].”