An Act to amend the Federal Aviation Act of 1958 to deal with discriminatory and unfair competitive practices in international air transportation, and for other purposes.
PL 93-623 (S.3481), enacted 01/03/1975

2102 
PUBLIC LAW 93-623-JAN. 3, 1975 
[88 
STAT. 
42 u s e 4601. 
of those sections such owner shall not be considered a displaced 
person as defined in section 101 (6) of that Act; and 
(8) a right of use and occupancy retained or enjoyed pursuant 
to paragraph (7) of this subsection may be terminated with 
respect to the entire property by the Secretary of Agriculture 
upon his determination that the property or any portion thereof 
has ceased to be used for such noncommercial residential purpose 
or agricultural activity and upon tender to the holder of a right 
an amount equal to the fair market value as of the date of tender 
of that portion of the right which remains unexpired on the date 
of termination. 
16 u s e 1132 
note. 
TRANSFER OF FEDERAL PROPERTY 
SEC. 7. The head of any Federal department or agency having juris-
diction over any lands or interests in lands within the boundaries of 
wilderness areas and wilderness study areas designated by or pursuant 
to this Act is authorized to transfer to the Secretary jurisdiction over 
such lands for administration in accordance with the provisions of 
this Act. 
APPLICABILITY 
SEC. 8. Unless otherwise provided by any other Act the provisions 
of this Act shall only apply to National Forest areas east of the 100th 
meridian. 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 9. There are hereby authorized to be appropriated an amount 
not to exceed $5,000,000 for the acquisition by purchase, condemnation, 
or otherwise of lands, waters, or interests therein located in areas desig-
nated as wilderness pursuant to section 3 of this Act and an amount not 
to exceed $1,700,000 for the purpose of conducting a review of wilder-
ness study areas designated by section 4 of this Act. 
Approved January 3, 1975. 
January 3, 1975 
[S. 3481] 
Public Law 93-623 
AN ACT 
To amend the Federal Aviation Act of 1958 to deal with discriminatory and 
unfair competitive practices in international air transportation, and for other 
purposes. 
International 
Air Transportation 
Fair Competitive 
Practices Act of 
1974. 
49 u s e 1159a 
note. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress asserribled^ 
SHORT TITLE 
SECTION 1. This Act may be cited as the "International Air Trans-
portation Fair Competitive Practices Act of 1974". 
49 u s e llS9b. 
DISCRIMINATORY AND UNFAIR COMPETITIVE PRACTICES 
SEC. 2. (a) United States air carriers operating in foreign air 
transportation perform services of vital importance to the foreign 
commerce of the United States including its balance of payments, to 
the Postal Service, and to the national defense. Such carriers have 
become subject to a variety of discriminatory and unfair competitive 
practices in their competition with foreign air carriers. The Depart-
ment of State, the Department of the Treasury, the Department of 
Transportation, the Civil Aeronautics Board, and other departments 
88 STAT. ] 
PUBLIC LAW 93-623-JAN. 3, 1975 
2103 
or agencies, therefore, each shall keep under review, to the extent of 
their respective functions, all forms of discrimination or unfair com-
petitive practices to which United States air carriers are subject in 
providing foreign air transportation services and each shall take all 
appropriate actions within its jurisdiction to eliminate such forms of 
discrimination or unfair competitive practices found to exist. 
(b) Each of these departments and agencies of Government, shall 
request from Congress such additional legislation as may be deemed 
necessary at any time it is determined there is inadequate legal author-
ity for dealing with any form of discrimination or unfair competitive 
practice found to exist. 
(c) The Civil Aeronautics Board shall report annually to Congress 
Report to con-
on the actions that have been taken under subsection (a) and on the ^'^ 
continuing program to eliminate discriminations and unfair com-
petitive practices faced by United States carriers in foreign air trans-
portation. The Secretaries of State, Treasury, and Transportation 
shall furnish to the Civil Aeronautics Board such information as may 
be necessary to prepare the report required by this subsection. 
' . 
: 
INTERNATIONAL USER CHARGES 
SEC. 3. The International Aviation Facilities Act (49 U.S.C. 1151-
1160) is amended by redesignating sections 11 and 12 as sections 12 
and 13, respectively, and by inserting immediately after section 10 the 
^9 use ii6o, 
following new section: 
"SEC. 11. The Secretary of Transportation shall survey the charges 
"
^
^ "^*^ n59a. 
made to air carriers by foreign governments or other foreign entities 
for the use of airport property or airway property in foreign air 
transportation. If the Secretary of Transportation determines at any 
time that such charges unreasonably exceed comparable charges for 
furnishing such airport property or airway property in the United 
States or are otherwise discriminatory, he shall submit a report on 
Reports. 
such cases promptly to the Secretary of State and the Civil Aero-
nautics Board, and the Secretary of State, in collaboration with the 
Civil Aeronautics Board, shall promptly undertake negotiations with 
the foreign country involved to reduce such charges or eliminate such 
discriminations. If within a reasonable period such charges are not 
leduced or such discriminations eliminated through negotiations, the 
Secretary of State shall promptly report such instances to the Secre-
tary of Transportation who shall determine compensating charges 
equal to such excessive or discriminatory charges. Such compensating 
charges shall, with the approval of the Secretary of State, be imposed 
on the foreign air carrier or carriers of the country concerned by the 
Secretary of the Treasury as a condition to acceptance of the general 
declaration at the time of landing or takeoff of aircraft of such foreign 
air carrier or carriers. The amounts so collected shall accrue to an 
account established for that purpose by the Secretary of the Treasury. 
Payments shall be made from that account to air carriers in such 
Payments. 
amounts as shall be certified by the Secretary of Transportation in 
accordance with such regulations as he shall adopt to compensate such 
air carriers for excessive or discriminatory charges paid by them to 
the foreign countries involved.". 
RATES FOR TRANSPORTATION OF UNITED STATES MAIL I N FOREIGN AIR 
TRANSPORTATION 
SEC. 4. Subsection (h) of section 406 of the Federal Aviation Act of 
1958 (49 U.S.C. 1376) is amended by inserting "(1)" immediately 
after "(h)", and by adding at the end thereof the following new 
paragraphs: 
2104 
PUBLIC LAW 93-623-JAN. 3, 1975 
[88 STAT. 
"(2) The Secretary of State and the Postmaster General each shall 
take all necessary and appropriate actions to assure that the rates paid 
for the transportation of mail pursuant to the Universal Postal Union 
22 usT 1056. 
Convention shall not be higher than fair and reasonable rates for 
such services. The Secretary of State and the Postmaster General shall 
oppose any present or proposed Universal Postal Union rates which 
are higher than such fair and reasonable rates. 
"(3) The Civil Aeronautics Board shall act expeditiously on any 
proposed changes in rates for the transportation of mail by aircraft in 
foreign air transportation. In establishing such rates, the Board shall 
take into consideration rates paid for transportation of mail pursuant 
to the Universal Postal Union Convention as ratified by the United 
States Government, shall take into account all of the ratemaking 
elements employed by the Universal Postal Union in fixing its airmail 
rates, and shall further consider the competitive disadvantage to 
United States flag air carriers resulting from foreign air carriers 
receiving Universal Postal Union rates for the carriage of United 
States mail and the national origin mail of their own countries." 
TRANSPORTATION OF GOVERNMENT-FINANCED PASSENGERS AND PROPERTY 
SEC. 5. (a) Title X I of the Federal Aviation Act of 1958 (49 U.S.C. 
1501 and the following) is amended by adding at the end thereof the 
following new section: 
"TRANSPORTATION OF GOVERNMENT-FINANCED PASSENGERS AND 
PROPERTY 
49 use 1517. 
"SEC. 1117. Whenever any executive department or other agency or 
instrumentality of the United States shall procure, contract for, or 
otherwise obtain for its own account or in furtherance of the pur-
poses or pursuant to the terms of any contract, agreement, or other 
special arrangement made or entered into under which payment is 
made by the United States or payment is made from funds appro-
priated, owned, controlled, granted, or conditionally granted or uti-
lized by or otherwise established for the account of the United States, 
or shall furnish to or for the account of any foreign nation, or any 
international agency, or other organization, of whatever nationality, 
without provisions for reimbursement, any transportation of persons 
(and their personal effects) or property by air between a place in the 
United States and a place outside thereof or between two places both 
of which are outside the United States, the appropriate agency or 
agencies shall take such steps as may be necessary to assure that such 
transportation is provided by air carriers holding certificates under 
49 use 1371. 
section 401 of this Act to the extent authorized by such certificates or 
by regulations or exemption of the Civil Aeronautics Board and to 
the extent service by such carriers is available. The Comptroller Gen-
eral of the United States shall disallow any expenditure from appro-
priated funds for payment for such personnel or cargo transportation 
on an air carrier not holding a certificate under section 401 of this 
Act in the absence of satisfactory proof of the necessity therefor. 
Nothing in this section shall prevent the application to such traffic 
of the antidiscrimination provisions of this Act.". 
(b) That portion of the table of contents contained in the first 
section of the Federal Aviation Act of 1958 which appears under the 
center heading "TITLE XI—MISCELLANEOUS" is amended by 
adding at the end thereof the following new item: 
"Sec. 1117. Transportation of Government-financed passengers and property " 
88 STAT. ] 
PUBLIC LAW 93-623-JAN. 3, 1975 
2105 
PROMOTION OF TRAVEL ON UNITED STATES CARRIERS I N FOREIGN AIR 
TRANSPORTATION 
SEC. 6. Section 2 of the International Travel Act of 1961 (22 U.S.C. 
2122) is amended by striking out the period at the end of paragraph 
(5) and inserting in lieu thereof a semicolon and by adding at the 
end thereof the following new paragraph: 
(6) encourage to the maximum extent feasible travel to and 
from the United States on United States carriers.". 
''"'''" ' 
OBSERVANCE OF TARIFFS BY TICKET AGENTS 
SEC. 7. (a) The first-sentence of section 403(b) of the Federal 
Aviation Act of 1958 (49 U.S.C. 1373(b)), relating to observance of 
tariffs and prohibition against rebating, is amended to read as follows: 
"No air carrier or foreign air carrier or any ticket agent shall charge 
or demand or collect or receive a greater or less or different compen-
sation for air transportation, or for any service in connection there-
with, than the rates, fares, and charges specified in then currently 
effective tariffs of such air carrier or foreign air carrier; and no air 
carrier or foreign air carrier or ticket agent shall, in any manner 
or by any device, directly or indirectly, or through any agent or 
broker, or otherwise, refund or remit any portion of the rates, fares, 
or charges so specified, or extend to any person any privileges or facili-
ties, with respect to matters required by the Board to be specified in 
such tariffs except those specified therein.". 
(b) The first sentence of section 407(e) of such Act (49 U.S.C. 
^"-p^'^ti"" °f 
^^ / 
. 
. 
. 
- 
\ ' 
.
V 
accounts and 
1377(e)), relating to inspection oi accounts and property, is amended property. 
to read as follows: "The Board shall at all times have access to all 
lands, buildings, and equipment of any air carrier or foreign air carrier 
and to all accounts, records, and memorandums, including all docu-
ments, papers, and correspondence, now or hereafter existing, and kept 
or required to be kept by air carriers, foreign air carriers, or ticket 
agents and it may employ special agents or auditors, who shall have 
authority under the orders of the Board to inspect and examine any 
* 
and all such lands, buildings, equipment, accounts, records, and 
memorandums.". 
PROHIBITION AGAINST SOLICITATION OR ACCEPTANCE OF REBATES BY 
SHIPPERS OF AIR 
FREIGHT 
SEC. 8. (a) Section 403(b) of the Federal Aviation Act of 1958 (49 
U.S.C. 1373(b)), relating to observance of tariffs and prohibition 
against rebating, is amended by inserting "(1)" immediately after 
" ( b ) " and by adding at the end thereof the following new paragraph: 
"(2) No shipper, consignor, consignee, forwarder, broker, or other 
person, or any director, officer, agent, or employee thereof, shall know-
ingly pay, directly or indirectly, by any device or means, any greater 
or less or different compensation for air transportation of property, 
or for any service in connection therewith, than the rates, fares, and 
charges specified in currently effective tariffs applicable to such air 
transportation; and no such person shall, in any manner or by any 
device, directly or indirectly, through any agent or broker, or other-
wise, knowingly solicit, accept, or receive a refund or remittance of 
any portion of the rates, fares, or charges so specified, or knowingly 
solicit, accept, or receive any privilege, favor, or facility, with respect 
to matters required by the Board to be specified in such tariffs, except 
those sDecified therein. . 
(b) Section 902(d)' of such Act (49 U.S.C. 1472(d)), relating to 
granting rebates, is amended by inserting "(1)" immediately after 
" ( d ) " and by adding at the end thereof the following new paragraph: 
2106 
PUBLIC L
A
W 93-624-JAN. 3, 1975 
[88 
STAT. 
"(2) Any person who, in any manner or by any device, knowingly 
and willfully solicits, accepts, or receives a refund or remittance of 
any portion of the rates, fares, or charges lawfully in effect for the 
air transportation of property, or for any service in connection there-
with, or knowingly solicits, accepts, or receives any privilege, favor, 
or facility, with respect to matters required by the Board to be 
specified in currently effective tariffs applicable to the air transporta-
tion of property, shall be fined not less than $100, nor more than 
$5,000, for each offense.". 
(c) The subsection heading of subsection (d) of such section 902 
is amended to read as follows; 
u 
?) 
GRANTINft O
R RECEIVING REBATES 
(d) T h a t portion of the table of contents contained in the first 
section of the Federal Aviation Act of 1958 which appears under the 
side heading 
"Sec. 902. Criminal penalties." 
is amend by striking out 
"(d) Granting rebates." 
and inserting in lieu thereof 
"(d) Granting or receiving rebates.". 
Approved January 3, 1975. 
Public Law 93-624 
January 3. 1975 
JOINT RESOLUTION 
[H. J. Res. 1180] Making urgent supplemental appropriations for the fiscal year ending June 30, 
1975, and for other purposes. 
Supplemental 
appropriations, 
1975. 
Resolved 
hy the Senate and House of Representatives 
of the 
United 
States of AmeHca 
in Congress assembled^ That the following sums are 
appropriated, out of any money in the Treasury not otherwise appro-
priated, for the fiscal year ending June 30, 1975, namely: 
CHAPTER 
I 
DEPARTMENT 
OF 
LABOR 
MANPOWER 
ADMINISTRATION 
Ante, p. 1845. 
PROGRAM ADMINISTRATION 
For an additional amount for "Program administration"'', $500,000, 
together with $500,000 to be expended from the Employment Security 
Administration Account in the Unemployment Trust Fund: Provided^ 
That this appropriation shall become available only upon enactment 
into law of H.R. 16596 or similar legislation by the Ninety-third 
Congress. 
TEMPORARY EMPLOYMENT ASSISTANCE 
For financial assistance as authorized by title I of the Emergency 
Jobs and Unemployment Assistance Act of 1974, $1,000,000,000 to 
remain available until December 31, 1975 : Provided^ That this appro-
priation shall become available only upon enactment into law of 
H.R. 16596 or similar legislation by the Ninety-third Congress.