§ 41737. Compensation guidelines, limitations, and claims

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Pub. L. 103–272 § 1(e) · 108 Stat. 745

   Enacted · 49 U.S.C. § 41737

   Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1151

   Source evidence

   Code source credit
   Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1151

   Enacted provision · exact public law section
   Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:

2. 2003

   Pub. L. 108–176 title IV § 402(a) · 117 Stat. 2490

   Added · 49 U.S.C. § 41737(e)

   Pub. L. 108–176 added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 108–176 added subsec. (e).

   Enacted provision · exact public law section
   (a) In General.— Section 41737 is amended by adding at the end the following: “(e) Adjustments to Account for Significantly Increased Costs.— “(1) In general.— If the Secretary determines that air carriers are experiencing significantly increased costs in providing air service or air transportation for which compensation is being paid under this subchapter, the Secretary may increase the rates of compensation payable under this subchapter without regard to any agreement or requirement relating to the renegotiation of contracts or any notice requirement under section 41734. “(2) Readjustment if costs subsequently decline.— If an adjustment is made under paragraph (1), and total unit costs subsequently decrease to at least the total unit cost reflected in the compensation rate, then the Secretary may reverse the adjustment previously made under paragraph (1) without regard to any agreement or requirement relating to the renegotiation of contracts or any notice requirement under section 41734. “(3) Significantly increased costs defined.— In this subsection, the term ‘significantly increased costs’ means a total unit cost increase (but not increases in individual unit costs) of 10 percent or more in relation to the total unit cost reflected in the compensation rate, based on the carrier’s internal audit of its financial statements if such cost increase is incurred for a period of at least 2 consecutive months.” .

   Effective date note
   Pub. L. 108–176, title IV, § 402(b), 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].”

3. 2012

   FAA Modernization and Reform Act of 2012

   Pub. L. 112–95 title IV § 427(a) · 126 Stat. 11

   Added · 49 U.S.C. § 41737(a)(1)(D); 49 U.S.C. § 41737(a)(1)(E)

   Pub. L. 112–95 added subpars. (D) and (E)

   Source evidence

   Code amendment note
   Subsec. (a)(1)(D), (E). Pub. L. 112–95 added subpars. (D) and (E).

   Enacted provision · exact public law section
   (a) Compensation Guidelines.— Section 41737(a)(1) is amended— (1) by striking “and” at the end of subparagraph (B); (2) in subparagraph (C) by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: “(D) include provisions under which the Secretary may encourage an air carrier to improve air service for which compensation is being paid under this subchapter by incorporating financial incentives in an essential air service contract based on specified performance goals, including goals related to improving on-time performance, reducing the number of flight cancellations, establishing reasonable fares (including joint fares beyond the hub airport), establishing convenient connections to flights providing service beyond hub airports, and increasing marketing efforts; and “(E) include provisions under which the Secretary may execute a long-term essential air service contract to encourage an air carrier to provide air service to an eligible place if it would be in the public interest to do so.” .

4. 2024

   Pub. L. 118–63 title V § 561(h) · 138 Stat. 1216

   Struck · 49 U.S.C. § 41737(d)

   Pub. 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.”

   Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.

   Source evidence

   Code amendment note
   Subsec. (d). Pub. 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.”

3 of 4 references resolved to an enrolled provision · 1 unresolved