49 USC Chapter 443
-CITE-
49 USC CHAPTER 443 - INSURANCE 02/01/2010
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart iii - safety
CHAPTER 443 - INSURANCE
-HEAD-
CHAPTER 443 - INSURANCE
-MISC1-
Sec.
44301. Definitions.
44302. General authority.
44303. Coverage.
44304. Reinsurance.
44305. Insuring United States Government property.
44306. Premiums and limitations on coverage and claims.
44307. Revolving fund.
44308. Administrative.
44309. Civil actions.
44310. Ending effective date.
-End-
-CITE-
49 USC Sec. 44301 02/01/2010
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart iii - safety
CHAPTER 443 - INSURANCE
-HEAD-
Sec. 44301. Definitions
-STATUTE-
In this chapter -
(1) "aircraft manufacturer" means any company or other business
entity, the majority ownership and control of which is by United
States citizens, that manufactures aircraft or aircraft engines.
(2) "American aircraft" means -
(A) a civil aircraft of the United States; and
(B) an aircraft owned or chartered by, or made available to -
(i) the United States Government; or
(ii) a State, the District of Columbia, a territory or
possession of the United States, or a political subdivision
of the State, territory, or possession.
(3) "insurance carrier" means a person authorized to do
aviation insurance business in a State, including a mutual or
stock insurance company and a reciprocal insurance association.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1168; Pub. L.
108-176, title I, Sec. 106(a)(2), Dec. 12, 2003, 117 Stat. 2498.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
44301 49 App.:1531. Aug. 23, 1958, Pub. L.
85-726, Sec. 1301, 72 Stat.
800; restated Nov. 9, 1977,
Pub. L. 95-163, Sec. 1(a),
91 Stat. 1278.
--------------------------------------------------------------------
In this section, the text of 49 App.:1531(3) is omitted as
surplus because the complete name of the Secretary of
Transportation is used the first time the term appears in a
section.
In clause (1)(B)(i), the words "United States Government" are
substituted for "United States or any department or agency thereof"
for consistency in the revised title and with other titles of the
United States Code.
In clause (1)(B)(ii), the words "the government of" are omitted
for consistency in the revised title.
In clause (2), the words "insurance company" are omitted as being
included in "insurance carrier". The words "means a person" are
added because they are inclusive. The words "group or association"
are omitted as being included in "person". The word "State" is
substituted for "State of the United States" to eliminate
unnecessary words.
AMENDMENTS
2003 - Pub. L. 108-176 added par. (1) and redesignated former
pars. (1) and (2) as (2) and (3), respectively.
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108-176 applicable only to fiscal years
beginning after Sept. 30, 2003, except as otherwise specifically
provided, see section 3 of Pub. L. 108-176, set out as a note under
section 106 of this title.
-End-
-CITE-
49 USC Sec. 44302 02/01/2010
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart iii - safety
CHAPTER 443 - INSURANCE
-HEAD-
Sec. 44302. General authority
-STATUTE-
(a) Insurance and Reinsurance. - (1) Subject to subsection (c) of
this section and section 44305(a) of this title, the Secretary of
Transportation may provide insurance and reinsurance against loss
or damage arising out of any risk from the operation of an American
aircraft or foreign-flag aircraft.
(2) An aircraft may be insured or reinsured for not more than its
reasonable value as determined by the Secretary in accordance with
reasonable business practices in the commercial aviation insurance
industry. Insurance or reinsurance may be provided only when the
Secretary decides that the insurance cannot be obtained on
reasonable terms from an insurance carrier.
(b) Reimbursement of Insurance Cost Increases. -
(1) In general. - The Secretary may reimburse an air carrier
for the increase in the cost of insurance, with respect to a
premium for coverage ending before October 1, 2002, against loss
or damage arising out of any risk from the operation of an
American aircraft over the insurance premium that was in effect
for a comparable operation during the period beginning September
4, 2001, and ending September 10, 2001, as the Secretary may
determine. Such reimbursement is subject to subsections (a)(2),
(c), and (d) of this section and to section 44303.
(2) Payment from revolving fund. - A reimbursement under this
subsection shall be paid from the revolving fund established by
section 44307.
(3) Further conditions. - The Secretary may impose such further
conditions on insurance for which the increase in premium is
subject to reimbursement under this subsection as the Secretary
may deem appropriate in the interest of air commerce.
(4) Termination of authority. - The authority to reimburse air
carriers under this subsection shall expire 180 days after the
date of enactment of this paragraph.
(c) Presidential Approval. - The Secretary may provide insurance
or reinsurance under subsection (a) of this section, or reimburse
an air carrier under subsection (b) of this section, only with the
approval of the President. The President may approve the insurance
or reinsurance or the reimbursement only after deciding that the
continued operation of the American aircraft or foreign-flag
aircraft to be insured or reinsured is necessary in the interest of
air commerce or national security or to carry out the foreign
policy of the United States Government.
(d) Consultation. - The President may require the Secretary to
consult with interested departments, agencies, and
instrumentalities of the Government before providing insurance or
reinsurance or reimbursing an air carrier under this chapter.
(e) Additional Insurance. - With the approval of the Secretary, a
person having an insurable interest in an aircraft may insure with
other underwriters in an amount that is more than the amount
insured with the Secretary. However, the Secretary may not benefit
from the additional insurance. This subsection does not prevent the
Secretary from making contracts of coinsurance.
(f) Extension of Policies. -
(1) In general. - The Secretary shall extend through March 31,
2010, and may extend through June 30, 2010, the termination date
of any insurance policy that the Department of Transportation
issued to an air carrier under subsection (a) and that is in
effect on the date of enactment of this subsection on no less
favorable terms to the air carrier than existed on June 19, 2002;
except that the Secretary shall amend the insurance policy,
subject to such terms and conditions as the Secretary may
prescribe, to add coverage for losses or injuries to aircraft
hulls, passengers, and crew at the limits carried by air carriers
for such losses and injuries as of such date of enactment and at
an additional premium comparable to the premium charged for third-
party casualty coverage under such policy.
(2) Special rules. - Notwithstanding paragraph (1) -
(A) in no event shall the total premium paid by the air
carrier for the policy, as amended, be more than twice the
premium that the air carrier was paying to the Department of
Transportation for its third party policy as of June 19, 2002;
and
(B) the coverage in such policy shall begin with the first
dollar of any covered loss that is incurred.
(g) Aircraft Manufacturers. -
(1) In general. - The Secretary may provide to an aircraft
manufacturer insurance for loss or damage resulting from
operation of an aircraft by an air carrier and involving war or
terrorism.
(2) Amount. - Insurance provided by the Secretary under this
subsection shall be for loss or damage in excess of the greater
of the amount of available primary insurance or $50,000,000.
(3) Terms and conditions. - Insurance provided by the Secretary
under this subsection shall be subject to the terms and
conditions set forth in this chapter and such other terms and
conditions as the Secretary may prescribe.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1168; Pub. L.
105-137, Sec. 2(a), Dec. 2, 1997, 111 Stat. 2640; Pub. L. 107-42,
title II, Sec. 201(a), Sept. 22, 2001, 115 Stat. 234; Pub. L. 107-
296, title XII, Sec. 1202, Nov. 25, 2002, 116 Stat. 2286; Pub. L.
108-11, title IV, Sec. 4001(a), Apr. 16, 2003, 117 Stat. 606; Pub.
L. 108-176, title I, Sec. 106(a)(1), Dec. 12, 2003, 117 Stat. 2498;
Pub. L. 108-447, div. H, title I, Sec. 106(a), Dec. 8, 2004, 118
Stat. 3204; Pub. L. 109-115, div. A, title I, Sec. 108(a), Nov. 30,
2005, 119 Stat. 2402; Pub. L. 110-161, div. K, title I, Sec.
114(a), Dec. 26, 2007, 121 Stat. 2381; Pub. L. 110-253, Sec.
3(c)(6), June 30, 2008, 122 Stat. 2418; Pub. L. 110-330, Sec. 5(c),
Sept. 30, 2008, 122 Stat. 3718; Pub. L. 111-12, Sec. 5(b), Mar. 30,
2009, 123 Stat. 1458; Pub. L. 111-69, Sec. 5(c), Oct. 1, 2009, 123
Stat. 2055; Pub. L. 111-116, Sec. 5(b), Dec. 16, 2009, 123 Stat.
3032; Pub. L. 111-117, div. A, title I, Sec. 114(a), Dec. 16, 2009,
123 Stat. 3042.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
44302(a) 49 App.:1532(a)(1) Aug. 23, 1958, Pub. L.
(less words between 85-726, Sec. 1302(a), 72
1st and 3d commas), Stat. 801; restated Nov. 9,
(3). 1977, Pub. L. 95-163, Sec.
2, 91 Stat. 1278; Oct. 31,
1992, Pub. L. 102-581, Sec.
401(b), 106 Stat. 4897.
49 App.:1537(a) Aug. 23, 1958, Pub. L.
(last sentence 85-726, Sec. 1307(a) (last
words between 2d sentence words between 2d
and 3d commas). and 3d commas), 72 Stat.
804; Oct. 4, 1984, Pub. L.
98-443, Sec. 9(b), 98 Stat.
1706.
44302(b) 49 App.:1532(a)(1)
(words between 1st
and 2d commas), (2).
44302(c) 49 App.:1532(a)(1)
(words between 2d
and 3d commas).
44302(d) 49 App.:1541. Aug. 23, 1958, Pub. L.
85-726, Sec. 1311, 72 Stat.
806.
--------------------------------------------------------------------
In subsection (a)(1), before clause (A), the words "Subject to
subsection (b) of this section" are added, and the words "American
aircraft or foreign-flag aircraft" are substituted for "aircraft"
in 49 App.:1532(a), for clarity. The words "in the manner and to
the extent provided by this subchapter" are omitted as unnecessary.
The words "Insurance shall be issued under this subchapter only to
cover any risk from the operation of an aircraft . . . such
aircraft is" are omitted because of the restatement. In clause (B),
the word "places" is substituted for "points" for consistency in
the revised title.
In subsection (a)(2), the words "An aircraft may be insured or
reinsured for not more than" are substituted for "and such stated
amount shall not exceed" in 49 App.:1537(a) for clarity and because
of the restatement. The words "its reasonable value" are
substituted for "an amount . . . to represent the fair and
reasonable value of the aircraft" to eliminate unnecessary words.
The words "Insurance or reinsurance may be provided only" are added
because of the restatement. The word "conditions" is omitted as
being included in "terms".
In subsection (b), the words "The Secretary may provide insurance
or reinsurance under subsection (a) of this section only with the
approval of the President" are substituted for "with the approval
of the President" for clarity and because of the restatement. The
words "The President may" are substituted for "The President shall"
because the authority of the President is discretionary.
In subsection (c), the words "the Secretary to consult . . .
before providing insurance or reinsurance under this chapter" are
substituted for "and after such consultation . . . as" because of
the restatement. The words "departments, agencies, and
instrumentalities" are substituted for "agencies" for consistency
in the revised title and with other titles of the United States
Code.
In subsection (d), the words "However, the Secretary may not
benefit from the additional insurance" are substituted for "in that
event, the Secretary shall not be entitled to the benefit of such
insurance" for clarity.
-REFTEXT-
REFERENCES IN TEXT
The date of enactment of this paragraph, referred to in subsec.
(b)(4), is the date of enactment of Pub. L. 107-42, which was
approved Sept. 22, 2001.
The date of enactment of this subsection, referred to in subsec.
(f)(1), is the date of enactment of Pub. L. 107-296, which was
approved Nov. 25, 2002.
-MISC2-
AMENDMENTS
2009 - Subsec. (f)(1). Pub. L. 111-117, which directed the
substitution of "September 30, 2010," for "September 30, 2009," and
"December 31, 2010," for "December 31, 2009,", could not be
executed because of the intervening amendment by Pub. L. 111-69.
See below.
Pub. L. 111-116 substituted "March 31, 2010," for "December 31,
2009," and "June 30, 2010," for "March 31, 2010,".
Pub. L. 111-69 substituted "December 31, 2009," for "September
30, 2009," and "March 31, 2010," for "December 31, 2009,".
Pub. L. 111-12 substituted "September 30, 2009," for "March 31,
2009," and "December 31, 2009," for "May 31, 2009,".
2008 - Subsec. (f)(1). Pub. L. 110-330 substituted "March 31,
2009," for "November 30, 2008," and "May 31, 2009," for "December
31, 2008,".
Pub. L. 110-253 substituted "November 30, 2008" for "August 31,
2008".
2007 - Subsec. (f)(1). Pub. L. 110-161 substituted "2008" for
"2006" in two places.
2005 - Subsec. (f)(1). Pub. L. 109-115 substituted "2006" for
"2005" in two places.
2004 - Subsec. (f)(1). Pub. L. 108-447 substituted "2005" for
"2004" in two places.
2003 - Subsec. (f)(1). Pub. L. 108-11, substituted "2004" for
"2003" in two places.
Subsec. (g). Pub. L. 108-176 added subsec. (g).
2002 - Subsec. (f). Pub. L. 107-296 added subsec. (f).
2001 - Subsec. (a)(1). Pub. L. 107-42, Sec. 201(a)(1),
substituted "subsection (c)" for "subsection (b)" and "foreign-flag
aircraft." for "foreign-flag aircraft - " and struck out subpars.
(A) and (B) which read as follows:
"(A) in foreign air commerce; or
"(B) between at least 2 places, all of which are outside the
United States."
Subsec. (b). Pub. L. 107-42, Sec. 201(a)(3), added subsec. (b).
Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 107-42, Sec. 201(a)(2), (4), redesignated
subsec. (b) as (c), in first sentence inserted ", or reimburse an
air carrier under subsection (b) of this section," before "only
with the approval", and in second sentence inserted "or the
reimbursement" before "only after deciding" and "in the interest of
air commerce or national security or" before "to carry out the
foreign policy". Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 107-42, Sec. 201(a)(2), (5), redesignated
subsec. (c) as (d) and inserted "or reimbursing an air carrier"
before "under this chapter". Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 107-42, Sec. 201(a)(2), redesignated subsec.
(d) as (e).
1997 - Subsec. (a)(2). Pub. L. 105-137 substituted "as determined
by the Secretary in accordance with reasonable business practices
in the commercial aviation insurance industry." for "as determined
by the Secretary."
EFFECTIVE DATE OF 2009 AMENDMENT
Amendment by Pub. L. 111-116 effective Jan. 1, 2010, see section
5(j) of Pub. L. 111-116, set out as a note under section 40117 of
this title.
Amendment by Pub. L. 111-12 effective Apr. 1, 2009, see section
5(j) of Pub. L. 111-12, set out as a note under section 40117 of
this title.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110-330 effective Oct. 1, 2008, see section
5(l) of Pub. L. 110-330, set out as a note under section 40117 of
this title.
Amendment by Pub. L. 110-253 effective July 1, 2008, see section
3(d) of Pub. L. 110-253, set out as a note under section 9502 of
Title 26, Internal Revenue Code.
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108-176 applicable only to fiscal years
beginning after Sept. 30, 2003, except as otherwise specifically
provided, see section 3 of Pub. L. 108-176, set out as a note under
section 106 of this title.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
2002, see section 4 of Pub. L. 107-296, set out as an Effective
Date note under section 101 of Title 6, Domestic Security.
EXTENSION OF TERMINATION DATE OF POLICIES
Pub. L. 109-289, div. B, title II, Sec. 21002(a), as added by
Pub. L. 110-5, Sec. 2, Feb. 15, 2007, 121 Stat. 47, provided that
subsec. (f)(1) of this section would be applied by substituting
"September 30, 2007" for "August 31, 2006, and may extend through
December 31, 2006".
-EXEC-
PROVISION OF AVIATION INSURANCE COVERAGE FOR COMMERCIAL AIR CARRIER
SERVICE
Determination of President of the United States, No. 94-39, July
26, 1994, 59 F.R. 38551, provided:
By virtue of the authority vested in me by the Constitution and
laws of the United States, including 3 U.S.C. 301 and 49 U.S.C.
44302, I hereby:
(1) determine that continuation of authorized humanitarian
relief air services to Haiti is necessary to carry out the
foreign policy of the United States;
(2) approve provision by the Secretary of Transportation of
insurance against loss or damage arising out of any risk from the
operation of an aircraft in the manner and to the extent provided
in 49 U.S.C. 44301-44310, whenever he determines that such
insurance cannot be obtained on reasonable terms and conditions
from any company authorized to conduct an insurance business in a
State of the United States;
(3) delegate to the Secretary of Transportation, in
consultation with the Secretary of State, the authority vested in
me by 49 U.S.C. 44302(b) [now 44302(c)], for purposes of
responding to the current crisis in Haiti; and
(4) delegate to the Secretary of Transportation, in
consultation with the Secretary of State, the authority vested in
me by 49 U.S.C. 44306(b) [now 44306(c)] for purposes of
responding to the current crisis in Haiti.
The Secretary of Transportation is directed to bring this
determination immediately to the attention of all air carriers
within the meaning of 49 U.S.C. 40102(a)(2), and to arrange for its
publication in the Federal Register.
William J. Clinton.
PROVISION OF AVIATION INSURANCE COVERAGE FOR COMMERCIAL AIR CARRIER
SERVICE IN DOMESTIC AND INTERNATIONAL OPERATIONS
Memorandum of President of the United States, Aug. 21, 2009, 74
F.R. 43617, provided:
Memorandum for the Secretary of Transportation
By the authority vested in me as President by the Constitution
and laws of the United States including 49 U.S.C. 44302, et seq., I
hereby:
1. Determine that continuation of U.S. flag commercial air
service is necessary in the interest of air commerce, national
security, and the foreign policy of the United States.
2. Approve provision by the Secretary of Transportation of
insurance or reinsurance to U.S. flag air carriers against loss or
damage arising out of any risk from the operation of an aircraft in
the manner and to the extent provided in Chapter 443 of 49 U.S.C.,
until August 31, 2010, when he determine[s] that such insurance or
reinsurance cannot be obtained on reasonable terms and conditions
from any company authorized to conduct an insurance business in a
State of the United States.
You are directed to bring this determination immediately to the
attention of all air carriers within the meaning of 49 U.S.C. 40102
(a)(2), and to arrange for its publication in the Federal Register.
Barack Obama.
Prior Presidential documents related to provision of insurance to
U.S.-flag commercial air service were contained in the following:
Memorandum of President of the United States, Dec. 23, 2008, 73
F.R. 79589.
Memorandum of President of the United States, Dec. 27, 2007, 73
F.R. 1813.
Memorandum of President of the United States, Dec. 21, 2006, 71
F.R. 77243.
Memorandum of President of the United States, Dec. 22, 2005, 70
F.R. 76669.
Determination of President of the United States, No. 2005-15,
Dec. 21, 2004, 69 F.R. 77607.
Determination of President of the United States, No. 2004-13,
Dec. 11, 2003, 69 F.R. 5237.
Determination of President of the United States, No. 01-29, Sept.
23, 2001, 66 F.R. 49075.
-End-
-CITE-
49 USC Sec. 44303 02/01/2010
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart iii - safety
CHAPTER 443 - INSURANCE
-HEAD-
Sec. 44303. Coverage
-STATUTE-
(a) In General. - The Secretary of Transportation may provide
insurance and reinsurance, or reimburse insurance costs, as
authorized under section 44302 of this title for the following:
(1) an American aircraft or foreign-flag aircraft engaged in
aircraft operations the President decides are necessary in the
interest of air commerce or national security or to carry out the
foreign policy of the United States Government.
(2) property transported or to be transported on aircraft
referred to in clause (1) of this section, including -
(A) shipments by express or registered mail;
(B) property owned by citizens or residents of the United
States;
(C) property -
(i) imported to, or exported from, the United States; and
(ii) bought or sold by a citizen or resident of the United
States under a contract putting the risk of loss or
obligation to provide insurance against risk of loss on the
citizen or resident; and
(D) property transported between -
(i) a place in a State or the District of Columbia and a
place in a territory or possession of the United States;
(ii) a place in a territory or possession of the United
States and a place in another territory or possession of the
United States; or
(iii) 2 places in the same territory or possession of the
United States.
(3) the personal effects and baggage of officers and members of
the crew of an aircraft referred to in clause (1) of this section
and of other individuals employed or transported on that
aircraft.
(4) officers and members of the crew of an aircraft referred to
in clause (1) of this section and other individuals employed or
transported on that aircraft against loss of life, injury, or
detention.
(5) statutory or contractual obligations or other liabilities,
customarily covered by insurance, of an aircraft referred to in
clause (1) of this section or of the owner or operator of that
aircraft.
(6) loss or damage of an aircraft manufacturer resulting from
operation of an aircraft by an air carrier and involving war or
terrorism.
(b) Air Carrier Liability for Third Party Claims Arising Out of
Acts of Terrorism. - For acts of terrorism committed on or to an
air carrier during the period beginning on September 22, 2001, and
ending on June 30, 2010, the Secretary may certify that the air
carrier was a victim of an act of terrorism and in the Secretary's
judgment, based on the Secretary's analysis and conclusions
regarding the facts and circumstances of each case, shall not be
responsible for losses suffered by third parties (as referred to in
section 205.5(b)(1) of title 14, Code of Federal Regulations) that
exceed $100,000,000, in the aggregate, for all claims by such
parties arising out of such act. If the Secretary so certifies, the
air carrier shall not be liable for an amount that exceeds
$100,000,000, in the aggregate, for all claims by such parties
arising out of such act, and the Government shall be responsible
for any liability above such amount. No punitive damages may be
awarded against an air carrier (or the Government taking
responsibility for an air carrier under this subsection) under a
cause of action arising out of such act. The Secretary may extend
the provisions of this subsection to an aircraft manufacturer (as
defined in section 44301) of the aircraft of the air carrier
involved.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1169; Pub. L.
107-42, title II, Sec. 201(b)(1), Sept. 22, 2001, 115 Stat. 235;
Pub. L. 107-296, title XII, Sec. 1201, Nov. 25, 2002, 116 Stat.
2286; Pub. L. 108-11, title IV, Sec. 4001(b), Apr. 16, 2003, 117
Stat. 606; Pub. L. 108-176, title I, Sec. 106(a)(3), (b), Dec. 12,
2003, 117 Stat. 2499; Pub. L. 108-447, div. H, title I, Sec.
106(b), Dec. 8, 2004, 118 Stat. 3204; Pub. L. 109-115, div. A,
title I, Sec. 108(b), Nov. 30, 2005, 119 Stat. 2402; Pub. L. 110-
161, div. K, title I, Sec. 114(b), Dec. 26, 2007, 121 Stat. 2381;
Pub. L. 110-253, Sec. 3(c)(7), June 30, 2008, 122 Stat. 2418; Pub.
L. 110-330, Sec. 5(d), Sept. 30, 2008, 122 Stat. 3718; Pub. L. 111-
12, Sec. 5(c), Mar. 30, 2009, 123 Stat. 1458; Pub. L. 111-69, Sec.
5(d), Oct. 1, 2009, 123 Stat. 2055; Pub. L. 111-116, Sec. 5(c),
Dec. 16, 2009, 123 Stat. 3032; Pub. L. 111-117, div. A, title I,
Sec. 114(b), Dec. 16, 2009, 123 Stat. 3043.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
44303 49 App.:1533. Aug. 23, 1958, Pub. L.
85-726, Sec. 1303, 72 Stat.
801; restated Nov. 9, 1977,
Pub. L. 95-163, Sec. 3, 91
Stat. 1279.
--------------------------------------------------------------------
In this section, before clause (1), the words "persons, property,
or interest" are omitted as unnecessary. In clause (2), the word
"property" is substituted for "Cargoes" and "air cargoes" for
consistency in the revised title. In clause (2)(B) and (C), the
words "its territories, or possessions" are omitted as unnecessary
because of the definition of "United States" in section 40102(a) of
the revised title. In clause (2)(C)(ii), the word "contract" is
substituted for "contracts of sale or purchase", and the words
"putting . . . on" are substituted for "is assumed by or falls
upon", to eliminate unnecessary words. In clause (2)(D), the word
"place" is substituted for "point" for consistency in the revised
title. In subclause (i), the words "a State or the District of
Columbia" are substituted for "the United States" for clarity and
consistency because the definition of "United States" in section
40102(a) of the revised title is too broad for the context of the
clause. The definition in section 40102(a) includes territories and
possession and would therefore overlap with subclauses (ii) and
(iii). In subclause (iii), the words "2 places in the same
territory or possession of the United States" are substituted for
"any point in any such territory or possession and any other point
in the same territory or possession" for clarity. In clauses (3)
and (4), the word "individuals" is substituted for "persons" as
being more appropriate. The words "captains" and "pilots" are
omitted as being included in "officers and members of the crew".
-COD-
CODIFICATION
The text of section 201(b)(2) of Pub. L. 107-42, which was
transferred and redesignated so as to appear as subsec. (b) of this
section and amended by Pub. L. 107-296, was based on Pub. L. 107-
42, title II, Sec. 201(b)(2), Sept. 22, 2001, 115 Stat. 235,
formerly included in a note set out under section 40101 of this
title.
-MISC2-
AMENDMENTS
2009 - Subsec. (b). Pub. L. 111-117, which directed the
substitution of "December 31, 2010," for "December 31, 2009,",
could not be executed due to the intervening amendment by Pub. L.
111-69. See below.
Pub. L. 111-116 substituted "June 30, 2010," for "March 31,
2010,".
Pub. L. 111-69 substituted "March 31, 2010," for "December 31,
2009,".
Pub. L. 111-12 substituted "December 31, 2009," for "May 31,
2009,".
2008 - Subsec. (b). Pub. L. 110-330 substituted "May 31, 2009,"
for "March 31, 2009,".
Pub. L. 110-253 substituted "March 31, 2009" for "December 31,
2008".
2007 - Subsec. (b). Pub. L. 110-161 substituted "2008," for
"2006,".
2005 - Subsec. (b). Pub. L. 109-115 substituted "2006" for
"2005".
2004 - Subsec. (b). Pub. L. 108-447 substituted "2005" for
"2004'.
2003 - Subsec. (a). Pub. L. 108-176, Sec. 106(a)(3)(A),
substituted "In General" for "In general" in heading.
Subsec. (a)(6). Pub. L. 108-176, Sec. 106(a)(3)(B), added par.
(6).
Subsec. (b). Pub. L. 108-176, Sec. 106(b), inserted at end "The
Secretary may extend the provisions of this subsection to an
aircraft manufacturer (as defined in section 44301) of the aircraft
of the air carrier involved."
Pub. L. 108-11 substituted "2004" for "2003".
2002 - Pub. L. 107-296 designated existing provisions as subsec.
(a), inserted heading, transferred and redesignated the text of
section 201(b)(2) of Pub. L. 107-42 so as to appear as subsec. (b),
in heading substituted "Air Carrier Liability for Third Party
Claims Arising Out of Acts of Terrorism" for "Discretion of the
Secretary", and in text substituted "the period beginning on
September 22, 2001, and ending on December 31, 2003, the Secretary"
for "the 180-day period following the date of enactment of this
Act, the Secretary of Transportation" and "this subsection" for
"this paragraph". See Codification note above.
2001 - Pub. L. 107-42, Sec. 201(b)(1)(A), inserted ", or
reimburse insurance costs, as" after "insurance and reinsurance" in
introductory provisions.
Par. (1). Pub. L. 107-42, Sec. 201(b)(1)(B), inserted "in the
interest of air commerce or national security or" before "to carry
out the foreign policy".
EFFECTIVE DATE OF 2009 AMENDMENT
Amendment by Pub. L. 111-116 effective Jan. 1, 2010, see section
5(j) of Pub. L. 111-116, set out as a note under section 40117 of
this title.
Amendment by Pub. L. 111-12 effective Apr. 1, 2009, see section
5(j) of Pub. L. 111-12, set out as a note under section 40117 of
this title.
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110-330 effective Oct. 1, 2008, see section
5(l) of Pub. L. 110-330, set out as a note under section 40117 of
this title.
Amendment by Pub. L. 110-253 effective July 1, 2008, see section
3(d) of Pub. L. 110-253, set out as a note under section 9502 of
Title 26, Internal Revenue Code.
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108-176 applicable only to fiscal years
beginning after Sept. 30, 2003, except as otherwise specifically
provided, see section 3 of Pub. L. 108-176, set out as a note under
section 106 of this title.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
2002, see section 4 of Pub. L. 107-296, set out as an Effective
Date note under section 101 of Title 6, Domestic Security.
EXTENSION OF LIMITATION OF AIR CARRIER LIABILITY
Pub. L. 109-289, div. B, title II, Sec. 21002(b), as added by
Pub. L. 110-5, Sec. 2, Feb. 15, 2007, 121 Stat. 48, provided that
subsec. (b) of this section would be applied by substituting
"September 30, 2007" for "December 31, 2006".
-End-
-CITE-
49 USC Sec. 44304 02/01/2010
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart iii - safety
CHAPTER 443 - INSURANCE
-HEAD-
Sec. 44304. Reinsurance
-STATUTE-
To the extent the Secretary of Transportation is authorized to
provide insurance under this chapter, the Secretary may reinsure
any part of the insurance provided by an insurance carrier. The
Secretary may reinsure with, transfer to, or transfer back to, the
carrier any insurance or reinsurance provided by the Secretary
under this chapter.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1169; Pub. L.
107-42, title II, Sec. 201(c), Sept. 22, 2001, 115 Stat. 235.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
44304(a) 49 App.:1535(a). Aug. 23, 1958, Pub. L.
85-726, Sec. 1305, 72 Stat.
802; Nov. 9, 1977, Pub. L.
95-163, Sec. 4(a), 91 Stat.
1279.
44304(b) 49 App.:1535(b).
--------------------------------------------------------------------
In subsection (a), the words "may reinsure any part of the
insurance provided by an insurance carrier" are substituted for
"may reinsure, in whole or in part, any company authorized to do an
insurance business" for clarity and consistency with source
provisions restated in this subchapter and the definition of
"insurance carrier" in section 44301 of the revised title. The
words "transfer to, or transfer back to" are substituted for "cede
or retrocede to" for clarity.
In subsection (b), the word "same" is omitted as being included
in "similar". The words "on account of the cost of" are omitted as
surplus. The word "providing" is substituted for "rendered" and
"furnished" because it is inclusive. The words "except for" are
substituted for "but such allowance to the carrier shall not
provide for" to eliminate unnecessary words.
AMENDMENTS
2001 - Pub. L. 107-42 struck out subsec. (a) designation and
heading "General Authority" and struck out subsec. (b) which read
as follows:
"(b) Premium Levels. - The Secretary may provide reinsurance at
premiums not less than, or obtain reinsurance at premiums not
higher than, the premiums the Secretary establishes on similar
risks or the premiums the insurance carrier charges for the
insurance to be reinsured by the Secretary, whichever is most
advantageous to the Secretary. However, the Secretary may make
allowances to the insurance carrier for expenses incurred in
providing services and facilities that the Secretary considers good
business practice, except for payments by the carrier for the
stimulation or solicitation of insurance business."
-End-
-CITE-
49 USC Sec. 44305 02/01/2010
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart iii - safety
CHAPTER 443 - INSURANCE
-HEAD-
Sec. 44305. Insuring United States Government property
-STATUTE-
(a) General. - With the approval of the President, a department,
agency, or instrumentality of the United States Government may
obtain -
(1) insurance under this chapter, including insurance for risks
from operating an aircraft in intrastate or interstate air
commerce, but not including insurance on valuables subject to
sections 17302 and 17303 of title 40; and
(2) insurance for risks arising from providing goods or
services directly related to and necessary for operating an
aircraft covered by insurance obtained under clause (1) of this
subsection if the aircraft is operated -
(A) in carrying out a contract of the department, agency, or
instrumentality; or
(B) to transport military forces or materiel on behalf of the
United States under an agreement between the Government and the
government of a foreign country.
(b) Premium Waivers and Indemnification. - With the approval
required under subsection (a) of this section, the Secretary of
Transportation may provide the insurance without premium at the
request of the Secretary of Defense or the head of a department,
agency, or instrumentality designated by the President when the
Secretary of Defense or the designated head agrees to indemnify the
Secretary of Transportation against all losses covered by the
insurance. The Secretary of Defense and any designated head may
make indemnity agreements with the Secretary of Transportation
under this section. If such an agreement is countersigned by the
President or the President's designee, the agreement shall
constitute, for purposes of section 44302(c), a determination that
continuation of the aircraft operations to which the agreement
applies is necessary to carry out the foreign policy of the United
States.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1170; Pub. L.
105-137, Sec. 3, Dec. 2, 1997, 111 Stat. 2640; Pub. L. 107-42,
title II, Sec. 201(e), Sept. 22, 2001, 115 Stat. 236; Pub. L. 107-
217, Sec. 3(n)(6), Aug. 21, 2002, 116 Stat. 1303.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
44305 49 App.:1534. Aug. 23, 1958, Pub. L.
85-726, Sec. 1304, 72 Stat.
802; Oct. 31, 1992, Pub. L.
102-581, Sec. 401(a), 106
Stat. 4897.
--------------------------------------------------------------------
In this section, the words "a department, agency, or
instrumentality" are substituted for "Any department or agency" for
clarity and consistency in the revised title and with other titles
of the United States Code.
In subsection (a)(1), the words "obtain insurance under this
chapter" are substituted for "procure from the Secretary any of the
insurance provided under this subchapter" to eliminate unnecessary
words. The words "overseas air commerce" are omitted for the
reasons given in the revision note for section 40101.
In subsection (b), the words "or the head of a department,
agency, or instrumentality designated by the President" are
substituted for "and such other agencies as the President may
prescribe" as being more precise and for consistency in the revised
title. The words "when the Secretary of Defense or the designated
head agrees" are substituted for "in consideration of" for clarity.
The words "any designated head" are substituted for "the agreement
of . . . such agency" and "such other agencies" for clarity and
because of the restatement.
AMENDMENTS
2002 - Subsec. (a)(1). Pub. L. 107-217 substituted "sections
17302 and 17303 of title 40" for "sections 1 and 2 of the
Government Losses in Shipment Act (40 U.S.C. 721, 722)".
2001 - Subsec. (b). Pub. L. 107-42 substituted "44302(c)" for
"44302(b)".
1997 - Subsec. (b). Pub. L. 105-137 inserted at end "If such an
agreement is countersigned by the President or the President's
designee, the agreement shall constitute, for purposes of section
44302(b), a determination that continuation of the aircraft
operations to which the agreement applies is necessary to carry out
the foreign policy of the United States."
-End-
-CITE-
49 USC Sec. 44306 02/01/2010
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart iii - safety
CHAPTER 443 - INSURANCE
-HEAD-
Sec. 44306. Premiums and limitations on coverage and claims
-STATUTE-
(a) Premiums Based on Risk. - To the extent practical, the
premium charged for insurance or reinsurance under this chapter
shall be based on consideration of the risk involved.
(b) Allowances in Setting Premium Rates for Reinsurance. - In
setting premium rates for reinsurance, the Secretary may make
allowances to the insurance carrier for expenses incurred in
providing services and facilities that the Secretary considers good
business practices, except for payments by the insurance carrier
for the stimulation or solicitation of insurance business.
(c) Time Limits. - The Secretary of Transportation may provide
insurance and reinsurance under this chapter for a period of not
more than 1 year. The period may be extended for additional periods
of not more than 1 year each only if the President decides, before
each additional period, that the continued operation of the
aircraft to be insured or reinsured is necessary in the interest of
air commerce or national security or to carry out the foreign
policy of the United States Government.
(d) Maximum Insured Amount. - The insurance policy on an aircraft
insured or reinsured under this chapter shall specify a stated
amount that is not more than the value of the aircraft, as
determined by the Secretary in accordance with reasonable business
practices in the commercial aviation insurance industry. A claim
under the policy may not be paid for more than that stated amount.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1170; Pub. L.
105-137, Sec. 2(b), Dec. 2, 1997, 111 Stat. 2640; Pub. L. 107-42,
title II, Sec. 201(d), Sept. 22, 2001, 115 Stat. 235; Pub. L. 107-
71, title I, Secs. 124(b), 147, Nov. 19, 2001, 115 Stat. 631, 645;
Pub. L. 107-296, title XII, Sec. 1203, Nov. 25, 2002, 116 Stat.
2287; Pub. L. 108-176, title I, Sec. 106(c), (e), Dec. 12, 2003,
117 Stat. 2499.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
44306(a) 49 App.:1532(b). Aug. 23, 1958, Pub. L.
85-726, Sec. 1302(b), (c),
72 Stat. 801; restated Nov.
9, 1977, Pub. L. 95-163,
Sec. 2, 91 Stat. 1279.
44306(b) 49 App.:1532(c).
44306(c) 49 App.:1537(a) Aug. 23, 1958, Pub. L.
(last sentence less 85-726, Sec. 1307(a) (last
words between 2d sentence less words between
and 3d commas). 2d and 3d commas), 72 Stat.
804; Oct. 4, 1984, Pub. L.
98-443, Sec. 9(b), 98 Stat.
1706.
--------------------------------------------------------------------
In subsection (a), the words "To the extent" are substituted for
"insofar as" for consistency.
In subsection (b), the word "initial" is omitted as surplus. The
words "The period" are substituted for "Such insurance or
reinsurance", and the words "the President decides . . . that the
continued operation of the aircraft to be insured or reinsured is
necessary to carry out the foreign policy of the United States
Government" are substituted for "the President makes the same
determination with respect to such extension as he is required to
make under paragraph (2) of subsection (a) of this section for the
initial provision of such insurance or reinsurance", for clarity.
In subsection (c), the words "or reinsured" are added for
consistency. The words "to be paid in the event of total loss" are
omitted as unnecessary because of the last sentence. The words "A
claim under the policy may not be paid for more than that stated
amount" are substituted for "the amount of any claim which is
compromised, settled, adjusted, or paid shall in no event exceed
such stated amount" to eliminate unnecessary words.
AMENDMENTS
2003 - Subsec. (b). Pub. L. 108-176, Sec. 106(c), substituted "by
the insurance carrier" for "by the air carrier".
Subsec. (c). Pub. L. 108-176, Sec. 106(e), made technical
correction to directory language of Pub. L. 107-71, Sec. 124(b).
See 2001 Amendment note below.
2002 - Subsec. (c). Pub. L. 107-296 made technical correction to
directory language of Pub. L. 107-71, Sec. 147. See 2001 Amendment
note below.
2001 - Subsec. (b). Pub. L. 107-42, Sec. 201(d)(2), added subsec.
(b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub.L. 107-71, Sec. 147, as amended by Pub. L. 107-
296, substituted "1 year" for "60 days" in two places.
Pub. L. 107-71, Sec. 124(b), as amended by Pub. L. 108-176, Sec.
106(e), inserted "in the interest of air commerce or national
security or" before "to carry out the foreign policy".
Pub. L. 107-42, Sec. 201(d)(1), redesignated subsec. (b) as (c).
Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 107-42, Sec. 201(d)(1), redesignated subsec.
(c) as (d).
1997 - Subsec. (c). Pub. L. 105-137 substituted "as determined by
the Secretary in accordance with reasonable business practices in
the commercial aviation insurance industry." for "as determined by
the Secretary."
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by section 106(c) of Pub. L. 108-176 applicable only to
fiscal years beginning after Sept. 30, 2003, except as otherwise
specifically provided, see section 3 of Pub. L. 108-176, set out as
a note under section 106 of this title.
Pub. L. 108-176, title I, Sec. 106(e), Dec. 12, 2003, 117 Stat.
2499, provided that the amendment made by section 106(e) is
effective Nov. 19, 2001.
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107-296, title XII, Sec. 1203, Nov. 25, 2002, 116 Stat.
2287, provided that the amendment made by section 1203 is effective
Nov. 19, 2001.
-End-
-CITE-
49 USC Sec. 44307 02/01/2010
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart iii - safety
CHAPTER 443 - INSURANCE
-HEAD-
Sec. 44307. Revolving fund
-STATUTE-
(a) Existence, Disbursements, Appropriations, and Deposits. - (1)
There is a revolving fund in the Treasury. The Secretary of the
Treasury shall disburse from the fund payments to carry out this
chapter.
(2) Necessary amounts to carry out this chapter may be
appropriated to the fund. The amounts appropriated and other
amounts received in carrying out this chapter shall be deposited in
the fund.
(b) Investment. - On request of the Secretary of Transportation,
the Secretary of the Treasury may invest any part of the amounts in
the revolving fund in interest-bearing securities of the United
States Government. The interest on, and the proceeds from the sale
or redemption of, the securities shall be deposited in the fund.
(c) Excess Amounts. - The balance in the revolving fund in excess
of an amount the Secretary of Transportation determines is
necessary for the requirements of the fund and for reasonable
reserves to maintain the solvency of the fund shall be deposited at
least annually in the Treasury as miscellaneous receipts.
(d) Expenses. - The Secretary of Transportation shall deposit
annually an amount in the Treasury as miscellaneous receipts to
cover the expenses the Government incurs when the Secretary of
Transportation uses appropriated amounts in carrying out this
chapter. The deposited amount shall equal an amount determined by
multiplying the average monthly balance of appropriated amounts
retained in the revolving fund by a percentage that is at least the
current average rate payable on marketable obligations of the
Government. The Secretary of the Treasury shall determine annually
in advance the percentage applied.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1170.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
44307(a) 49 App.:1536(a), Aug. 23, 1958, Pub. L.
(b). 85-726, Sec. 1306(a)-(d), 72
Stat. 803.
44307(b) 49 App.:1536(f). Aug. 23, 1958, Pub. L.
85-726, 72 Stat. 731, Sec.
1306(f); added Aug. 9, 1975,
Pub. L. 94-90, Sec. 1(a), 89
Stat. 439.
44307(c) 49 App.:1536(c).
44307(d) 49 App.:1536(d).
--------------------------------------------------------------------
In subsection (a)(1), the first sentence is added for clarity.
The last sentence is substituted for 49 App.:1536(a) (last
sentence) to eliminate unnecessary words and for consistency in the
revised title.
In subsection (a)(2), the words "The amounts appropriated and
other amounts received in carrying out this chapter" are
substituted for "Moneys appropriated by Congress to carry out the
provisions of this subchapter and all moneys received from
premiums, salvage, or other recoveries and all receipts in
connection with this subchapter" to eliminate unnecessary words.
In subsection (b), the words "any part" are substituted for "all
or any part" to eliminate unnecessary words. The words "held in the
revolving fund" are omitted as surplus. The words "deposited in"
are substituted for "credited to and form a part of" for
consistency.
In subsection (d), the words "The Secretary of Transportation
shall deposit annually an amount in the Treasury" are substituted
for "Annual payments shall be made by the Secretary to the Treasury
of the United States", the words "The deposited amount shall equal
an amount determined by multiplying" are substituted for "These
payments shall be computed by applying to", and the words "a
percentage that is at least the current average rate payable on
marketable obligations of the Government" are substituted for "a
percentage" and "Such percentage shall not be less than the current
average rate which the Treasury pays on its marketable
obligations", for clarity.
-End-
-CITE-
49 USC Sec. 44308 02/01/2010
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart iii - safety
CHAPTER 443 - INSURANCE
-HEAD-
Sec. 44308. Administrative
-STATUTE-
(a) Commercial Practices. - The Secretary of Transportation may
carry out this chapter consistent with commercial practices of the
aviation insurance business.
(b) Issuance of Policies and Disposition of Claims. - (1) The
Secretary may issue insurance policies to carry out this chapter.
The Secretary may prescribe the forms, amounts insured under the
policies, and premiums charged. Any such policy may authorize the
binding arbitration of claims made thereunder in such manner as may
be agreed to by the Secretary and any commercial insurer that may
be responsible for any part of a loss to which such policy relates.
The Secretary may change an amount of insurance or a premium for an
existing policy only with the consent of the insured.
(2) For a claim under insurance authorized by this chapter, the
Secretary may -
(A) settle and pay the claim made for or against the United
States Government;
(B) pay the amount of a binding arbitration award made under
paragraph (1); and
(C) pay the amount of a judgment entered against the
Government.
(c) Underwriting Agent. - (1) The Secretary may, and when
practical shall, employ an insurance carrier or group of insurance
carriers to act as an underwriting agent. The Secretary may use the
agent to adjust claims under this chapter, but claims may be paid
only when approved by the Secretary.
(2) The Secretary may pay reasonable compensation to an
underwriting agent for servicing insurance the agent writes for the
Secretary. Compensation may include payment for reasonable expenses
incurred by the agent but may not include a payment by the agent
for stimulation or solicitation of insurance business.
(3) Except as provided by this subsection, the Secretary may not
pay an insurance broker or other person acting in a similar
capacity any consideration for arranging insurance when the
Secretary directly insures any part of the risk.
(d) Budget. - The Secretary shall submit annually a budget
program for carrying out this chapter as provided for wholly owned
Government corporations under chapter 91 of title 31.
(e) Accounts. - The Secretary shall maintain a set of accounts
for audit under chapter 35 of title 31. Notwithstanding chapter 35,
the Comptroller General shall allow credit for expenditures under
this chapter made consistent with commercial practices in the
aviation insurance business when shown to be necessary because of
the business activities authorized by this chapter.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1171; Pub. L.
104-316, title I, Sec. 127(e), Oct. 19, 1996, 110 Stat. 3840; Pub.
L. 105-137, Sec. 4, Dec. 2, 1997, 111 Stat. 2640.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
44308(a) 49 App.:1537(c) Aug. 23, 1958, Pub. L.
(1st sentence). 85-726, Sec. 1307(a) (1st
sentence), (c), (d), 72
Stat. 803, 804.
44308(b)(1) 49 App.:1537(a)
(1st sentence words
before 6th comma).
49 App.:1537(b). Aug. 23, 1958, Pub. L.
85-726, Sec. 1307(b), 72
Stat. 804; Nov. 9, 1977,
Pub. L. 95-163, Sec. 5(a),
91 Stat. 1280.
44308(b)(2) 49 App.:1537(a)
(1st sentence words
after 6th comma).
44308(c)(1) 49 App.:1537(d)
(1st, 3d sentences).
44308(c)(2) 49 App.:1537(d)
(2d, last
sentences).
44308(c)(3) 49 App.:1537(c)
(last sentence).
44308(d) 49 App.:1537(f) Aug. 23, 1958, Pub. L.
(1st sentence). 85-726, Sec. 1307(f), 72
Stat. 804; Jan. 2, 1975,
Pub. L. 93-604, Sec. 702, 88
Stat. 1964.
44308(e) 49 App.:1537(f)
(last sentence).
--------------------------------------------------------------------
In subsection (a), the words "may carry out this chapter" are
substituted for "in administering this subchapter, may exercise his
powers, perform his duties and functions, and make his
expenditures" to eliminate unnecessary words.
In subsection (b)(1), the word "insurance" is added for clarity.
The words "rules, and regulations" are omitted as unnecessary
because of 49:322(a). The words "as he deems proper" and "subject
to the following provisions of this subsection" are omitted as
surplus. The words "and change" and "fix, adjust, and change" are
omitted as being included in "prescribe". The words "under the
policies" are added for clarity. The word "charged" is substituted
for "provided for in this subchapter" for consistency in this
subchapter.
In subsection (b)(2), before clause (A), the words "the
Secretary" are added because of the restatement. In clause (A), the
words "adjust and . . . losses, compromise and" are omitted as
included in "settle and pay the claim". The word "made" is
substituted for "whether" for clarity. In clause (B), the word
"entered" is substituted for "rendered" because it is more
appropriate. The words "in any suit" are omitted as surplus. The
words "or the amount of any settlement agreed upon" are omitted as
being included in "settle and pay the claim".
In subsection (c)(1), the words "and when practical shall" are
substituted for "and whenever he finds it practical to do so shall"
to eliminate unnecessary words. The word "his" is omitted as
surplus. The words "The Secretary may use" are substituted for "may
be utilized" for consistency. The words "The services of" are
omitted as unnecessary.
In subsection (c)(2), the words "pay reasonable compensation" are
substituted for "allow . . . fair and reasonable compensation" for
consistency in the revised title. The words "an underwriting agent"
are substituted for "such companies or groups of companies", and
the words "the agent writes" are substituted for "written by such
companies or groups of companies as underwriting agent", for
clarity. The word "payment" is substituted for "allowance" for
consistency.
In subsection (c)(3), the words "intermediary" and "fee or other"
are omitted as surplus. The word "for" is substituted for "by
virtue of his participation in" to eliminate unnecessary words.
In subsection (d), the word "prepare" is omitted as being
included in "submit". The words "for carrying out this chapter" are
substituted for "in the performance of, and with respect to, the
functions, powers, and duties vested in him by this subchapter" for
consistency and to eliminate unnecessary words. The words "under
chapter 91 of title 31" are substituted for "by the Government
Corporation Control Act, as amended (59 Stat. 597; 31 U.S.C. 841)"
in section 1307(f) of the Act of August 23, 1958 (Public Law 85-
726, 72 Stat. 804) because of section 4(b) of the Act of September
13, 1982 (Public Law 97-258, 96 Stat. 1067).
In subsection (e), the words "under chapter 35 of title 31" are
substituted for "in accordance with the provisions of the
Accounting and Auditing Act of 1950" in section 1307(f) of the Act
of August 23, 1958 (Public Law 85-726, 72 Stat. 804) because of
section 4(b) of the Act of September 13, 1982 (Public Law 97-258,
96 Stat. 1067). The words "Provided, That . . . the Secretary may
exercise the powers conferred in said subchapter, perform the
duties and functions" are omitted as surplus. The words
"Notwithstanding chapter 35" are added for clarity. The words
"Comptroller General" are substituted for "General Accounting
Office" because of 31:702.
AMENDMENTS
1997 - Subsec. (b)(1). Pub. L. 105-137, Sec. 4(a), inserted after
second sentence "Any such policy may authorize the binding
arbitration of claims made thereunder in such manner as may be
agreed to by the Secretary and any commercial insurer that may be
responsible for any part of a loss to which such policy relates."
Subsec. (b)(2). Pub. L. 105-137, Sec. 4(b), struck out "and" at
end of subpar. (A), added subpar. (B), and redesignated former
subpar. (B) as (C).
1996 - Subsec. (e). Pub. L. 104-316 substituted "for audit" for
". The Comptroller General shall audit those accounts".
-End-
-CITE-
49 USC Sec. 44309 02/01/2010
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart iii - safety
CHAPTER 443 - INSURANCE
-HEAD-
Sec. 44309. Civil actions
-STATUTE-
(a) Losses. -
(1) Actions against united states. - A person may bring a civil
action in a district court of the United States or in the United
States Court of Federal Claims against the United States
Government when -
(A) a loss insured under this chapter is in dispute; or
(B)(i) the person is subrogated under a contract between the
person and a party insured under this chapter (other than
section 44305(b)) to the rights of the insured party against
the United States Government; and
(ii) the person has paid to the insured party, with the
approval of the Secretary of Transportation, an amount for a
physical damage loss that the Secretary has determined is a
loss covered by insurance issued under this chapter (other than
section 44305(b)).
(2) Limitation. - A civil action involving the same matter
(except the action authorized by this subsection) may not be
brought against an agent, officer, or employee of the Government
carrying out this chapter.
(3) Procedure. - To the extent applicable, the procedure in an
action brought under section 1346(a)(2) of title 28, United
States Code, applies to an action under this subsection.
(b) Venue and Joinder. - (1) A civil action under subsection (a)
of this section may be brought in the judicial district for the
District of Columbia or in the judicial district in which the
plaintiff or the agent of the plaintiff resides if the plaintiff
resides in the United States. If the plaintiff does not reside in
the United States, the action may be brought in the judicial
district for the District of Columbia or in the judicial district
in which the Attorney General agrees to accept service.
(2) An interested person may be joined as a party to a civil
action brought under subsection (a) of this section initially or on
motion of either party to the action.
(c) Time Requirements. - When an insurance claim is made under
this chapter, the period during which, under section 2401 of title
28, a civil action must be brought under subsection (a) of this
section is suspended until 60 days after the Secretary of
Transportation denies the claim. The claim is deemed to be
administratively denied if the Secretary does not act on the claim
not later than 6 months after filing, unless the Secretary makes a
different agreement with the claimant when there is good cause for
an agreement.
(d) Interpleader. - (1) If the Secretary admits the Government
owes money under an insurance claim under this chapter and there is
a dispute about the person that is entitled to payment, the
Government may bring a civil action of interpleader in a district
court of the United States against the persons that may be entitled
to payment. The action may be brought in the judicial district for
the District of Columbia or in the judicial district in which any
party resides.
(2) The district court may order a party not residing or found in
the judicial district in which the action is brought to appear in a
civil action under this subsection. The order shall be served in a
reasonable manner decided by the district court. If the court
decides an unknown person might assert a claim under the insurance
that is the subject of the action, the court may order service on
that person by publication in the Federal Register.
(3) Judgment in a civil action under this subsection discharges
the Government from further liability to the parties to the action
and to all other persons served by publication under paragraph (2)
of this subsection.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1172; Pub. L.
105-277, div. C, title I, Sec. 110(c)(1), Oct. 21, 1998, 112 Stat.
2681-587.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
44309(a) 49 App.:1540 (1st Aug. 23, 1958, Pub. L.
sentence less 85-726, Sec. 1310, 72 Stat.
19th-70th words, 3d 805.
sentence).
44309(b)(1) 49 App.:1540 (1st
sentence 19th-70th
words, 2d sentence).
44309(b)(2) 49 App.:1540 (4th
sentence).
44309(c) 49 App.:1540 (last
sentence).
44309(d) 49 App.:1540
(5th-8th sentences).
--------------------------------------------------------------------
In subsection (a), the words "A person may bring" are substituted
for "may be maintained" for clarity. The words "a civil action" are
substituted for "suit" because of rule 2 of the Federal Rules of
Civil Procedure (28 App. U.S.C.). The words "A civil action . . .
(except the action authorized by this subsection) may not be
brought" are substituted for "and this remedy shall be exclusive of
any other action", and the words "involving the" are substituted
for "by reason of", for clarity. The words "carrying out this
chapter" are substituted for "employed or retained under this
subchapter", and the words "in an action" are substituted for "for
suits in the district courts", for consistency. The words "applies
to" are substituted for "shall otherwise be the same as that
provided for" to eliminate unnecessary words. The words "an action
under this subsection" are substituted for "such suits" for
consistency.
In subsection (b)(1), the words "A civil action under subsection
(a) of this section may be brought" are added for clarity. The
words "the plaintiff or the agent of the plaintiff resides" are
substituted for "the claimant or his agent resides" for consistency
in the revised title. The words "if the plaintiff resides in the
United States" are added for clarity. The words "notwithstanding
the amount of the claim" are omitted as obsolete because
jurisdiction under 28:1331 no longer depends on the amount of the
claim. The words "and any provision of existing law as to the
jurisdiction of United States district courts" are omitted as
obsolete.
In subsection (b)(2), the words "interested person" are
substituted for "All persons having or claiming or who might have
an interest in such insurance" to eliminate unnecessary words. The
word "either" is omitted as surplus. The words "to a civil action
brought under subsection (a) of this section" are added for
clarity.
In subsection (c), the words "during which, under section 2401 of
title 28, a civil action must be brought under subsection (a) of
this section" are substituted for "within which suits may be
commenced contained in section 2401 of title 28 providing for
bringing of suits against the United States" for clarity. The words
"from such time of filing" are omitted as surplus. The words "60
days after the Secretary of Transportation denies the claim" are
substituted for "the claim shall have been administratively denied
by the Secretary and for sixty days thereafter" for clarity.
In subsection (d)(1), the words "a civil action of interpleader"
are substituted for "an action in the nature of a bill of
interpleader" because of the Federal Rules of Civil Procedure (28
App. U.S.C.). The words "persons that may be entitled to payment"
are substituted for "such parties" for clarity.
In subsection (d)(2), the words "in which the action is brought"
are added for clarity. The words "The order shall be" are added
because of the restatement. The words "the court may order service
on that person" are substituted for "it may direct service upon
such persons unknown" as being more precise.
In subsection (d)(3), the words "in a civil action under this
subsection" are substituted for "in any such suit" for clarity.
AMENDMENTS
1998 - Subsec. (a). Pub. L. 105-277 amended heading and text of
subsec. (a) generally. Prior to amendment, text read as follows: "A
person may bring a civil action in a district court of the United
States against the United States Government when a loss insured
under this chapter is in dispute. A civil action involving the same
matter (except the action authorized by this subsection) may not be
brought against an agent, officer, or employee of the Government
carrying out this chapter. To the extent applicable, the procedure
in an action brought under section 1346(a)(2) of title 28 applies
to an action under this subsection."
-End-
-CITE-
49 USC Sec. 44310 02/01/2010
-EXPCITE-
TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART A - AIR COMMERCE AND SAFETY
subpart iii - safety
CHAPTER 443 - INSURANCE
-HEAD-
Sec. 44310. Ending effective date
-STATUTE-
The authority of the Secretary of Transportation to provide
insurance and reinsurance under this chapter is not effective after
December 31, 2013.
-SOURCE-
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1173; Pub. L.
105-85, div. A, title X, Sec. 1088(a), Nov. 18, 1997, 111 Stat.
1921; Pub. L. 105-137, Sec. 5(a), Dec. 2, 1997, 111 Stat. 2641;
Pub. L. 105-277, div. C, title I, Sec. 110(c)(2), Oct. 21, 1998,
112 Stat. 2681-588; Pub. L. 106-6, Sec. 6, Mar. 31, 1999, 113 Stat.
10; Pub. L. 106-31, title VI, Sec. 6002(f), May 21, 1999, 113 Stat.
113; Pub. L. 106-181, title VII, Sec. 711, Apr. 5, 2000, 114 Stat.
160; Pub. L. 108-11, title IV, Sec. 4001(c), Apr. 16, 2003, 117
Stat. 606; Pub. L. 108-176, title I, Sec. 106(d), Dec. 12, 2003,
117 Stat. 2499; Pub. L. 110-181, div. A, title III, Sec. 378, Jan.
28, 2008, 122 Stat. 85.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
44310 49 App.:1542. Aug. 23, 1958, Pub. L.
85-726, Sec. 1312, 72 Stat.
806; July 20, 1961, Pub. L.
87-89, 75 Stat. 210; June
13, 1966, Pub. L. 89-447, 80
Stat. 199; Sept. 8, 1970,
Pub. L. 91-399, 84 Stat.
837; Aug. 9, 1975, Pub. L.
94-90, Sec. 2, 89 Stat. 439;
July 31, 1976, Pub. L.
94-374, 90 Stat. 1065; Nov.
9, 1977, Pub. L. 95-163,
Sec. 6, 91 Stat. 1280; Oct.
14, 1982, Pub. L. 97-309,
Sec. 3, 96 Stat. 1453; Oct.
30, 1987, Pub. L. 100-148,
101 Stat. 878; Oct. 31,
1992, Pub. L. 102-581, Sec.
402, 106 Stat. 4897.
--------------------------------------------------------------------
The words "is not effective after" are substituted for "shall
expire at the termination of" for clarity and consistency in the
revised title.
AMENDMENTS
2008 - Pub. L. 110-181 substituted "December 31, 2013" for "March
30, 2008".
2003 - Pub. L. 108-176 substituted "March 30, 2008" for "December
31, 2004".
Pub. L. 108-11, substituted "2004" for "2003".
2000 - Pub. L. 106-181 substituted "after December 31, 2003." for
"after August 6, 1999."
1999 - Pub. L. 106-31 substituted "August 6, 1999" for "May 31,
1999".
Pub. L. 106-6 substituted "May" for "March".
1998 - Pub. L. 105-277 substituted "March 31, 1999" for "December
31, 1998".
1997 - Pub. L. 105-137 substituted "December 31, 1998" for
"September 30, 2002".
Pub. L. 105-85 substituted "September 30, 2002" for "September
30, 1997".
EFFECTIVE DATE OF 2003 AMENDMENT
Amendment by Pub. L. 108-176 applicable only to fiscal years
beginning after Sept. 30, 2003, except as otherwise specifically
provided, see section 3 of Pub. L. 108-176, set out as a note under
section 106 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT
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.
EFFECTIVE DATE OF 1997 AMENDMENTS
Pub. L. 105-137, Sec. 5(b), Dec. 2, 1997, 111 Stat. 2641,
provided that: "The amendment made by subsection (a) [amending this
section] takes effect on October 1, 1997."
Pub. L. 105-85, div. A, title X, Sec. 1088(b), Nov. 18, 1997, 111
Stat. 1921, provided that: "This section [amending this section]
shall take effect as of September 30, 1997."
CONTINUATION OF AVIATION INSURANCE LAWS
Pub. L. 102-581, title IV, Sec. 404, Oct. 31, 1992, 106 Stat.
4898, provided that: "Notwithstanding any other provision of law,
the provisions of title XIII of the Federal Aviation Act of 1958
[now this chapter] and all insurance policies issued by the
Secretary of Transportation under such title, as in effect on
September 30, 1992, shall be treated as having continued in effect
until the date of the enactment of this Act [Oct. 31, 1992]."
-End-
| File Type | application/msword |
| File Title | 49 USC Chapter 443 |
| Author | Air Traffic Organization |
| Last Modified By | Air Traffic Organization |
| File Modified | 2011-10-27 |
| File Created | 2011-10-27 |