Aviation Insurance

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49 USC Ch. 443: INSURANCE
From Title 49—TRANSPORTATION
SUBTITLE VII—AVIATION PROGRAMS
PART A—AIR COMMERCE AND SAFETY
subpart iii—safety

CHAPTER 443—INSURANCE
Sec.

44301.
44302.
44303.
44304.
44305.
44306.
44307.
44308.
44309.
44310.

Definitions.
General authority.
Coverage.
Reinsurance.
Insuring United States Government property.
Premiums and limitations on coverage and claims.
Revolving fund.
Administrative.
Civil actions.
Ending effective date.

§44301. Definitions
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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1168; Pub. L. 108–176, title I, §106(a)(2), Dec. 12, 2003, 117
Stat. 2498.)
Historical and Revision Notes
Revised
Section
44301

Source (U.S. Code)
49 App.:1531.

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §1301, 72
Stat. 800; restated Nov. 9, 1977, Pub. L.
95–163, §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

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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.
§44302. General authority
(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 December 11, 2014, 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.

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(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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1168; Pub. L. 105–137, §2(a), Dec. 2, 1997, 111 Stat. 2640;
Pub. L. 107–42, title II, §201(a), Sept. 22, 2001, 115 Stat. 234; Pub. L. 107–296, title XII, §1202, Nov. 25, 2002,
116 Stat. 2286; Pub. L. 108–11, title IV, §4001(a), Apr. 16, 2003, 117 Stat. 606; Pub. L. 108–176, title I, §106(a)
(1), Dec. 12, 2003, 117 Stat. 2498; Pub. L. 108–447, div. H, title I, §106(a), Dec. 8, 2004, 118 Stat. 3204; Pub. L.
109–115, div. A, title I, §108(a), Nov. 30, 2005, 119 Stat. 2402; Pub. L. 110–161, div. K, title I, §114(a), Dec. 26,
2007, 121 Stat. 2381; Pub. L. 110–253, §3(c)(6), June 30, 2008, 122 Stat. 2418; Pub. L. 110–330, §5(c), Sept.
30, 2008, 122 Stat. 3718; Pub. L. 111–12, §5(b), Mar. 30, 2009, 123 Stat. 1458; Pub. L. 111–69, §5(c), Oct. 1,
2009, 123 Stat. 2055; Pub. L. 111–116, §5(b), Dec. 16, 2009, 123 Stat. 3032; Pub. L. 111–117, div. A, title I,
§114(a), Dec. 16, 2009, 123 Stat. 3042; Pub. L. 111–153, §5(b), Mar. 31, 2010, 124 Stat. 1085; Pub. L. 111–161,
§5(b), Apr. 30, 2010, 124 Stat. 1127; Pub. L. 111–197, §5(b), July 2, 2010, 124 Stat. 1354; Pub. L. 111–216, title
I, §104(b), Aug. 1, 2010, 124 Stat. 2349; Pub. L. 111–249, §5(c), Sept. 30, 2010, 124 Stat. 2628; Pub. L. 111–
329, §5(b), Dec. 22, 2010, 124 Stat. 3567; Pub. L. 112–7, §5(b), Mar. 31, 2011, 125 Stat. 32; Pub. L. 112–16, §5
(b), May 31, 2011, 125 Stat. 219; Pub. L. 112–21, §5(b), June 29, 2011, 125 Stat. 234; Pub. L. 112–27, §5(b),
Aug. 5, 2011, 125 Stat. 271; Pub. L. 112–30, title II, §205(c), Sept. 16, 2011, 125 Stat. 358; Pub. L. 112–91, §5
(c), Jan. 31, 2012, 126 Stat. 4; Pub. L. 112–95, title VII, §701, Feb. 14, 2012, 126 Stat. 118; Pub. L. 113–46, div.
A, §152, Oct. 17, 2013, 127 Stat. 565; Pub. L. 113–76, div. L, title I, §119E(a), Jan. 17, 2014, 128 Stat. 582; Pub.
L. 113–164, §148(a), Sept. 19, 2014, 128 Stat. 1874; Pub. L. 113–235, div. L, §102(a), Dec. 16, 2014, 128 Stat.
2767.)
Historical and Revision Notes
Revised
Section
44302(a)

44302(b)
44302(c)
44302(d)

Source (U.S. Code)

Source (Statutes at Large)

49 App.:1532(a)(1) (less words
between 1st and 3d commas), (3).

Aug. 23, 1958, Pub. L. 85–726, §1302(a), 72
Stat. 801; restated Nov. 9, 1977, Pub. L.
95–163, §2, 91 Stat. 1278; Oct. 31, 1992,
Pub. L. 102–581, §401(b), 106 Stat. 4897.
49 App.:1537(a) (last sentence words Aug. 23, 1958, Pub. L. 85–726, §1307(a) (last
between 2d and 3d commas).
sentence words between 2d and 3d
commas), 72 Stat. 804; Oct. 4, 1984, Pub.
L. 98–443, §9(b), 98 Stat. 1706.
49 App.:1532(a)(1) (words between
1st and 2d commas), (2).
49 App.:1532(a)(1) (words between
2d and 3d commas).
49 App.:1541.
Aug. 23, 1958, Pub. L. 85–726, §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

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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.

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.

AMENDMENTS
2014—Subsec. (f)(1). Pub. L. 113–235 substituted "December 11, 2014" for "the date specified in
section 106(3) of the Continuing Appropriations Resolution, 2015".
Pub. L. 113–164 substituted "the date specified in section 106(3) of the Continuing Appropriations
Resolution, 2015" for "September 30, 2014".
Pub. L. 113–76 substituted "September 30, 2014" for "the date specified in section 106(3) of the
Continuing Appropriations Act, 2014".
2013—Subsec. (f)(1). Pub. L. 113–46 substituted "the date specified in section 106(3) of the
Continuing Appropriations Act, 2014" for "September 30, 2013, and may extend through December
31, 2013".
2012—Subsec. (f)(1). Pub. L. 112–95 substituted "shall extend through September 30, 2013, and
may extend through December 31, 2013, the termination date" for "shall extend through February
17, 2012, and may extend through May 17, 2012, the termination date".
Pub. L. 112–91 substituted "February 17, 2012," for "January 31, 2012," and "May 17, 2012," for
"April 30, 2012,".
2011—Subsec. (f)(1). Pub. L. 112–30 substituted "January 31, 2012," for "September 16, 2011,"
and "April 30, 2012," for "December 31, 2011,".
Pub. L. 112–27 substituted "September 16, 2011," for "July 22, 2011," and "December 31, 2011,"
for "October 31, 2011,".
Pub. L. 112–21 substituted "July 22, 2011," for "June 30, 2011," and "October 31, 2011," for
"September 30, 2011,".
Pub. L. 112–16 substituted "June 30, 2011," for "May 31, 2011," and "September 30, 2011," for
"August 31, 2011,".
Pub. L. 112–7 substituted "May 31, 2011," for "March 31, 2011," and "August 31, 2011," for "June
30, 2011,".
2010—Subsec. (f)(1). Pub. L. 111–329, §5(b), substituted "March 31, 2011," for "December 31,
2010," and "June 30, 2011," for "March 31, 2011,".
Pub. L. 111–249 substituted "December 31, 2010," for "September 30, 2010," and "March 31,
2011," for "December 31, 2010,".
Pub. L. 111–216 substituted "September 30, 2010," for "August 1, 2010," and "December 31,
2010," for "October 31, 2010,".
Pub. L. 111–197 substituted "August 1, 2010," for "July 3, 2010," and "October 31, 2010," for
"September 30, 2010,".
Pub. L. 111–161 substituted "July 3, 2010," for "April 30, 2010," and "September 30, 2010," for
"July 31, 2010,".
Pub. L. 111–153 substituted "April 30, 2010," for "March 31, 2010," and "July 31, 2010," for "June
30, 2010,".
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,

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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, §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, §201(a)(3), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 107–42, §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, §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, §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 2011 AMENDMENT
Amendment by Pub. L. 112–27 effective July 23, 2011, see section 5(j) of Pub. L. 112–27, set out
as a note under section 40117 of this title.
Amendment by Pub. L. 112–21 effective July 1, 2011, see section 5(j) of Pub. L. 112–21, set out
as a note under section 40117 of this title.
Amendment by Pub. L. 112–16 effective June 1, 2011, see section 5(j) of Pub. L. 112–16, set out
as a note under section 40117 of this title.
Amendment by Pub. L. 112–7 effective Apr. 1, 2011, see section 5(j) of Pub. L. 112–7, set out as
a note under section 40117 of this title.
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111–329 effective Jan. 1, 2011, see section 5(j) of Pub. L. 111–329, set
out as a note under section 40117 of this title.
Amendment by Pub. L. 111–249 effective Oct. 1, 2010, see section 5(l) of Pub. L. 111–249, set
out as a note under section 40117 of this title.
Amendment by Pub. L. 111–216 effective Aug. 2, 2010, see section 104(j) of Pub. L. 111–216, set
out as a note under section 40117 of this title.
Amendment by Pub. L. 111–197 effective July 4, 2010, see section 5(j) of Pub. L. 111–197, set
out as a note under section 40117 of this title.
Amendment by Pub. L. 111–161 effective May 1, 2010, see section 5(j) of Pub. L. 111–161, set
out as a note under section 40117 of this title.
Amendment by Pub. L. 111–153 effective Apr. 1, 2010, see section 5(j) of Pub. L. 111–153, set
out as a note under section 40117 of this title.

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

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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, §21002(a), as added by Pub. L. 110–5, §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".

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 for the Secretary of Transportation
Memorandum of President of the United States, Dec. 27, 2013, 79 F.R. 527, provided:
By the authority vested in me as President by the Constitution and the laws of the United States,
including 49 U.S.C. 44301–44310, I hereby:
1. Determine that the continuation of U.S. air transportation is necessary in the interest of air
commerce, national security, and the foreign policy of the United States.

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2. Approve provision by the Secretary of Transportation of insurance or reinsurance to U.S.certificated 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 title 49, United States Code, until
January 15, 2014, if he determines that such insurance or reinsurance cannot be obtained on
reasonable terms from any company authorized to conduct an insurance business in a State of the
United States.
3. Delegate to the Secretary of Transportation the authority, vested in me by 49 U.S.C. 44306(c),
to extend this approval and determination through December 31, 2014, or until any date prior to
December 31, 2014, provided that the Congress further extends the date contained in section 44310
and further provided that he not use this delegation to extend this determination and approval
beyond the dates authorized under any such provision of law with an ending effective date prior to
December 31, 2014.
You are directed to bring this determination immediately to the attention of all air carriers, as
defined in 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, Sept. 27, 2012, 77 F.R. 60035.
Memorandum of President of the United States, Sept. 28, 2011, 76 F.R. 61247.
Memorandum of President of the United States, Sept. 29, 2010, 75 F.R. 61033.
Memorandum of President of the United States, Aug. 21, 2009, 74 F.R. 43617.
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.

§44303. Coverage
(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.

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(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 December 11, 2014,
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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1169; Pub. L. 107–42, title II, §201(b)(1), Sept. 22, 2001, 115
Stat. 235; Pub. L. 107–296, title XII, §1201, Nov. 25, 2002, 116 Stat. 2286; Pub. L. 108–11, title IV, §4001(b),
Apr. 16, 2003, 117 Stat. 606; Pub. L. 108–176, title I, §106(a)(3), (b), Dec. 12, 2003, 117 Stat. 2499; Pub. L. 108–
447, div. H, title I, §106(b), Dec. 8, 2004, 118 Stat. 3204; Pub. L. 109–115, div. A, title I, §108(b), Nov. 30, 2005,
119 Stat. 2402; Pub. L. 110–161, div. K, title I, §114(b), Dec. 26, 2007, 121 Stat. 2381; Pub. L. 110–253, §3(c)
(7), June 30, 2008, 122 Stat. 2418; Pub. L. 110–330, §5(d), Sept. 30, 2008, 122 Stat. 3718; Pub. L. 111–12, §5
(c), Mar. 30, 2009, 123 Stat. 1458; Pub. L. 111–69, §5(d), Oct. 1, 2009, 123 Stat. 2055; Pub. L. 111–116, §5(c),
Dec. 16, 2009, 123 Stat. 3032; Pub. L. 111–117, div. A, title I, §114(b), Dec. 16, 2009, 123 Stat. 3043; Pub. L.
111–153, §5(c), Mar. 31, 2010, 124 Stat. 1085; Pub. L. 111–161, §5(c), Apr. 30, 2010, 124 Stat. 1127; Pub. L.
111–197, §5(c), July 2, 2010, 124 Stat. 1354; Pub. L. 111–216, title I, §104(c), Aug. 1, 2010, 124 Stat. 2349; Pub.
L. 111–249, §5(d), Sept. 30, 2010, 124 Stat. 2628; Pub. L. 111–329, §5(c), Dec. 22, 2010, 124 Stat. 3567; Pub.
L. 112–7, §5(c), Mar. 31, 2011, 125 Stat. 32; Pub. L. 112–16, §5(c), May 31, 2011, 125 Stat. 219; Pub. L. 112–
21, §5(c), June 29, 2011, 125 Stat. 234; Pub. L. 112–27, §5(c), Aug. 5, 2011, 125 Stat. 271; Pub. L. 112–30, title
II, §205(d), Sept. 16, 2011, 125 Stat. 358; Pub. L. 112–91, §5(d), Jan. 31, 2012, 126 Stat. 4; Pub. L. 112–95, title
VII, §702, Feb. 14, 2012, 126 Stat. 118; Pub. L. 113–46, div. A, §153, Oct. 17, 2013, 127 Stat. 565; Pub. L. 113–
76, div. L, title I, §119E(b), Jan. 17, 2014, 128 Stat. 582; Pub. L. 113–164, §148(b), Sept. 19, 2014, 128 Stat.
1874; Pub. L. 113–235, div. L, §102(b), Dec. 16, 2014, 128 Stat. 2767.)
Historical and Revision Notes
Revised
Section
44303

Source (U.S. Code)
49 App.:1533.

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §1303, 72
Stat. 801; restated Nov. 9, 1977, Pub. L.
95–163, §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".

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–

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42, title II, §201(b)(2), Sept. 22, 2001, 115 Stat. 235, formerly included in a note set out under
section 40101 of this title.

AMENDMENTS
2014—Subsec. (b). Pub. L. 113–235 substituted "December 11, 2014" for "the date specified in

section 106(3) of the Continuing Appropriations Resolution, 2015".
Pub. L. 113–164 substituted "the date specified in section 106(3) of the Continuing Appropriations
Resolution, 2015" for "September 30, 2014".
Pub. L. 113–76 substituted "September 30, 2014" for "the date specified in section 106(3) of the
Continuing Appropriations Act, 2014".
2013—Subsec. (b). Pub. L. 113–46 substituted "the date specified in section 106(3) of the
Continuing Appropriations Act, 2014" for "December 31, 2013".
2012—Subsec. (b). Pub. L. 112–95 substituted "ending on December 31, 2013, the Secretary may
certify" for "ending on May 17, 2012, the Secretary may certify".
Pub. L. 112–91 substituted "May 17, 2012," for "April 30, 2012,".
2011—Subsec. (b). Pub. L. 112–30 substituted "April 30, 2012," for "December 31, 2011,".
Pub. L. 112–27 substituted "December 31, 2011," for "October 31, 2011,".
Pub. L. 112–21 substituted "October 31, 2011," for "September 30, 2011,".
Pub. L. 112–16 substituted "September 30, 2011," for "August 31, 2011,".
Pub. L. 112–7 substituted "August 31, 2011," for "June 30, 2011,".
2010—Subsec. (b). Pub. L. 111–329 substituted "June 30, 2011," for "March 31, 2011,".
Pub. L. 111–249 substituted "March 31, 2011," for "December 31, 2010,".
Pub. L. 111–216 substituted "December 31, 2010," for "October 31, 2010,".
Pub. L. 111–197 substituted "October 31, 2010," for "September 30, 2010,".
Pub. L. 111–161 substituted "September 30, 2010," for "July 31, 2010,".
Pub. L. 111–153 substituted "July 31, 2010," for "June 30, 2010,".
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, §106(a)(3)(A), substituted "In General" for "In general" in
heading.
Subsec. (a)(6). Pub. L. 108–176, §106(a)(3)(B), added par. (6).
Subsec. (b). Pub. L. 108–176, §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, §201(b)(1)(A), inserted ", or reimburse insurance costs, as" after
"insurance and reinsurance" in introductory provisions.
Par. (1). Pub. L. 107–42, §201(b)(1)(B), inserted "in the interest of air commerce or national
security or" before "to carry out the foreign policy".

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EFFECTIVE DATE OF 2011 AMENDMENT
Amendment by Pub. L. 112–27 effective July 23, 2011, see section 5(j) of Pub. L. 112–27, set out
as a note under section 40117 of this title.
Amendment by Pub. L. 112–21 effective July 1, 2011, see section 5(j) of Pub. L. 112–21, set out
as a note under section 40117 of this title.
Amendment by Pub. L. 112–16 effective June 1, 2011, see section 5(j) of Pub. L. 112–16, set out
as a note under section 40117 of this title.
Amendment by Pub. L. 112–7 effective Apr. 1, 2011, see section 5(j) of Pub. L. 112–7, set out as
a note under section 40117 of this title.
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111–329 effective Jan. 1, 2011, see section 5(j) of Pub. L. 111–329, set
out as a note under section 40117 of this title.
Amendment by Pub. L. 111–249 effective Oct. 1, 2010, see section 5(l) of Pub. L. 111–249, set
out as a note under section 40117 of this title.
Amendment by Pub. L. 111–216 effective Aug. 2, 2010, see section 104(j) of Pub. L. 111–216, set
out as a note under section 40117 of this title.
Amendment by Pub. L. 111–197 effective July 4, 2010, see section 5(j) of Pub. L. 111–197, set
out as a note under section 40117 of this title.
Amendment by Pub. L. 111–161 effective May 1, 2010, see section 5(j) of Pub. L. 111–161, set
out as a note under section 40117 of this title.
Amendment by Pub. L. 111–153 effective Apr. 1, 2010, see section 5(j) of Pub. L. 111–153, set
out as a note under section 40117 of this title.

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, §21002(b), as added by Pub. L. 110–5, §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".

§44304. Reinsurance
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, any insurance carrier any insurance or reinsurance provided by the

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Secretary under this chapter.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1169; Pub. L. 107–42, title II, §201(c), Sept. 22, 2001, 115 Stat.
235; Pub. L. 112–95, title VII, §703, Feb. 14, 2012, 126 Stat. 118.)
Historical and Revision Notes
Revised
Section
44304(a)

49 App.:1535(a).

44304(b)

49 App.:1535(b).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §1305, 72
Stat. 802; Nov. 9, 1977, Pub. L. 95–163, §4
(a), 91 Stat. 1279.

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
2012—Pub. L. 112–95 substituted "any insurance carrier" for "the carrier".
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."

§44305. Insuring United States Government property
(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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1170; Pub. L. 105–137, §3, Dec. 2, 1997, 111 Stat. 2640; Pub. L.
107–42, title II, §201(e), Sept. 22, 2001, 115 Stat. 236; Pub. L. 107–217, §3(n)(6), Aug. 21, 2002, 116 Stat.
1303.)

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Historical and Revision Notes
Revised
Section
44305

Source (U.S. Code)
49 App.:1534.

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §1304, 72
Stat. 802; Oct. 31, 1992, Pub. L. 102–581,
§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."

§44306. Premiums and limitations on coverage and claims
(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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1170; Pub. L. 105–137, §2(b), Dec. 2, 1997, 111 Stat. 2640;
Pub. L. 107–42, title II, §201(d), Sept. 22, 2001, 115 Stat. 235; Pub. L. 107–71, title I, §§124(b), 147, Nov. 19,
2001, 115 Stat. 631, 645; Pub. L. 107–296, title XII, §1203, Nov. 25, 2002, 116 Stat. 2287; Pub. L. 108–176, title
I, §106(c), (e), Dec. 12, 2003, 117 Stat. 2499.)
Historical and Revision Notes
Revised
Section
44306(a)

Source (U.S. Code)
49 App.:1532(b).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §1302(b), (c),
72 Stat. 801; restated Nov. 9, 1977, Pub. L.
95–163, §2, 91 Stat. 1279.

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44306(b)
44306(c)

49 App.:1532(c).
49 App.:1537(a) (last sentence less
words between 2d and 3d
commas).

Aug. 23, 1958, Pub. L. 85–726, §1307(a) (last
sentence less words between 2d and 3d
commas), 72 Stat. 804; Oct. 4, 1984, Pub.
L. 98–443, §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, §106(c), substituted "by the insurance carrier" for "by the air
carrier".
Subsec. (c). Pub. L. 108–176, §106(e), made technical correction to directory language of Pub. L.
107–71, §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, §147. See 2001 Amendment note below.
2001—Subsec. (b). Pub. L. 107–42, §201(d)(2), added subsec. (b). Former subsec. (b)
redesignated (c).
Subsec. (c). Pub.L. 107–71, §147, as amended by Pub. L. 107–296, substituted "1 year" for "60
days" in two places.
Pub. L. 107–71, §124(b), as amended by Pub. L. 108–176, §106(e), inserted "in the interest of air
commerce or national security or" before "to carry out the foreign policy".
Pub. L. 107–42, §201(d)(1), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 107–42, §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, §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, §1203, Nov. 25, 2002, 116 Stat. 2287, provided that the amendment
made by section 1203 is effective Nov. 19, 2001.

DELEGATION OF AUTHORITY
Authority of President under subsec. (c) of this section delegated to Secretary of Transportation,
with certain conditions, by Memorandum of President of the United States, Dec. 27, 2013, 79 F.R.
527, set out as a note under section 44302 of this title.

§44307. Revolving fund

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(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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1170.)
Historical and Revision Notes
Revised
Section
44307(a)

49 App.:1536(a), (b).

44307(b)

49 App.:1536(f).

44307(c)
44307(d)

49 App.:1536(c).
49 App.:1536(d).

Source (U.S. Code)

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §1306(a)–(d),
72 Stat. 803.
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731,
§1306(f); added Aug. 9, 1975, Pub. L. 94–
90, §1(a), 89 Stat. 439.

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.

§44308. Administrative
(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

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(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, or a claims
adjuster who is independent of the underwriting 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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1171; Pub. L. 104–316, title I, §127(e), Oct. 19, 1996, 110 Stat.
3840; Pub. L. 105–137, §4, Dec. 2, 1997, 111 Stat. 2640; Pub. L. 112–95, title VII, §704, Feb. 14, 2012, 126 Stat.
118.)
Historical and Revision Notes
Revised
Section
44308(a)
44308(b)(1)

44308(b)(2)
44308(c)(1)
44308(c)(2)
44308(c)(3)
44308(d)
44308(e)

Source (U.S. Code)
49 App.:1537(c) (1st sentence).
49 App.:1537(a) (1st sentence words
before 6th comma).
49 App.:1537(b).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §1307(a) (1st
sentence), (c), (d), 72 Stat. 803, 804.

Aug. 23, 1958, Pub. L. 85–726, §1307(b), 72
Stat. 804; Nov. 9, 1977, Pub. L. 95–163, §5
(a), 91 Stat. 1280.

49 App.:1537(a) (1st sentence words
after 6th comma).
49 App.:1537(d) (1st, 3d sentences).
49 App.:1537(d) (2d, last sentences).
49 App.:1537(c) (last sentence).
49 App.:1537(f) (1st sentence).
Aug. 23, 1958, Pub. L. 85–726, §1307(f), 72
Stat. 804; Jan. 2, 1975, Pub. L. 93–604,
§702, 88 Stat. 1964.
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.

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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
2012—Subsec. (c)(1). Pub. L. 112–95 substituted "agent, or a claims adjuster who is independent
of the underwriting agent," for "agent" in second sentence.
1997—Subsec. (b)(1). Pub. L. 105–137, §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, §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".

§44309. Civil actions
(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. A civil action
shall not be instituted against the United States under this chapter unless the claimant first presents the claim
to the Secretary of Transportation and such claim is finally denied by the Secretary in writing and notice of the
denial of such claim is sent by certified or registered mail.
(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

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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.—(1) Except as provided under paragraph (2), an insurance claim made under this
chapter against the United States shall be forever barred unless it is presented in writing to the Secretary of
Transportation within two years after the date on which the loss event occurred. Any civil action arising out of the
denial of such a claim shall be filed by not later than six months after the date of the mailing, by certified or
registered mail, of notice of final denial of the claim by the Secretary.
(2)(A) For claims based on liability to persons with whom the insured has no privity of contract, an insurance
claim made under the authority of this chapter against the United States shall be forever barred unless it is
presented in writing to the Secretary of Transportation by not later than the earlier of—
(i) the date that is 60 days after the date on which final judgment is entered by a tribunal of competent
jurisdiction; or
(ii) the date that is six years after the date on which the loss event occurred.
(B) Any civil action arising out of the denial of such claim shall be filed by not later than six months after the
date of mailing, by certified or registered mail, of notice of final denial of the claim by the Secretary.
(3) A claim made under this chapter shall be deemed to be administratively denied if the Secretary fails to
make a final disposition of the claim before the date that is 6 months after the date on which the claim is
presented to the Secretary, 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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1172; Pub. L. 105–277, div. C, title I, §110(c)(1), Oct. 21, 1998,
112 Stat. 2681–587; Pub. L. 113–291, div. A, title X, §1074(a), Dec. 19, 2014, 128 Stat. 3518.)
Historical and Revision Notes
Revised
Section
44309(a)
44309(b)(1)
44309(b)(2)
44309(c)
44309(d)

Source (U.S. Code)
49 App.:1540 (1st sentence less
19th–70th words, 3d sentence).
49 App.:1540 (1st sentence 19th–
70th words, 2d sentence).
49 App.:1540 (4th sentence).
49 App.:1540 (last sentence).
49 App.:1540 (5th–8th sentences).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §1310, 72
Stat. 805.

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

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"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
2014—Subsec. (a)(2). Pub. L. 113–291, §1074(a)(1), inserted at end "A civil action shall not be
instituted against the United States under this chapter unless the claimant first presents the claim to
the Secretary of Transportation and such claim is finally denied by the Secretary in writing and
notice of the denial of such claim is sent by certified or registered mail."
Subsec. (c). Pub. L. 113–291, §1074(a)(2), added subsec. (c) and struck out former subsec. (c).
Prior to amendment, text read as follows: "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."
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."

EFFECTIVE DATE OF 2014 AMENDMENT
Pub. L. 113–291, div. A, title X, §1074(b), Dec. 19, 2014, 128 Stat. 3519, provided that: "The
amendments made by subsection (a) [amending this section] shall apply with respect to a claim
arising after the date of the enactment of this Act [Dec. 19, 2014]."

§44310. Ending effective date
(a) In General.—The authority of the Secretary of Transportation to provide insurance and reinsurance under
any provision of this chapter other than section 44305 is not effective after December 11, 2014.
(b) Insurance of United States Government Property.—The authority of the Secretary of Transportation to
provide insurance and reinsurance for a department, agency, or instrumentality of the United States Government

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under section 44305 is not effective after December 31, 2019.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1173; Pub. L. 105–85, div. A, title X, §1088(a), Nov. 18, 1997,
111 Stat. 1921; Pub. L. 105–137, §5(a), Dec. 2, 1997, 111 Stat. 2641; Pub. L. 105–277, div. C, title I, §110(c)(2),
Oct. 21, 1998, 112 Stat. 2681–588; Pub. L. 106–6, §6, Mar. 31, 1999, 113 Stat. 10; Pub. L. 106–31, title VI,
§6002(f), May 21, 1999, 113 Stat. 113; Pub. L. 106–181, title VII, §711, Apr. 5, 2000, 114 Stat. 160; Pub. L. 108–
11, title IV, §4001(c), Apr. 16, 2003, 117 Stat. 606; Pub. L. 108–176, title I, §106(d), Dec. 12, 2003, 117 Stat.
2499; Pub. L. 110–181, div. A, title III, §378, Jan. 28, 2008, 122 Stat. 85; Pub. L. 113–46, div. A, §154, Oct. 17,
2013, 127 Stat. 565; Pub. L. 113–66, div. A, title X, §1093, Dec. 26, 2013, 127 Stat. 878; Pub. L. 113–76, div. L,
title I, §119E(c), Jan. 17, 2014, 128 Stat. 582; Pub. L. 113–164, §148(c), Sept. 19, 2014, 128 Stat. 1874; Pub. L.
113–235, div. L, §102(c), Dec. 16, 2014, 128 Stat. 2767; Pub. L. 114–328, div. A, title X, §1046, Dec. 23, 2016,
130 Stat. 2395.)
Historical and Revision Notes
Revised
Section
44310

Source (U.S. Code)
49 App.:1542.

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726, §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, §2, 89 Stat. 439; July 31, 1976,
Pub. L. 94–374, 90 Stat. 1065; Nov. 9,
1977, Pub. L. 95–163, §6, 91 Stat. 1280;
Oct. 14, 1982, Pub. L. 97–309, §3, 96 Stat.
1453; Oct. 30, 1987, Pub. L. 100–148, 101
Stat. 878; Oct. 31, 1992, Pub. L. 102–581,
§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
2016—Subsec. (b). Pub. L. 114–328 substituted "December 31, 2019" for "December 31, 2018".
2014—Subsec. (a). Pub. L. 113–235 substituted "December 11, 2014" for "the date specified in

section 106(3) of the Continuing Appropriations Resolution, 2015".
Pub. L. 113–164 substituted "the date specified in section 106(3) of the Continuing Appropriations
Resolution, 2015" for "September 30, 2014".
Pub. L. 113–76 substituted "September 30, 2014" for "the date specified in section 106(3) of the
Continuing Appropriations Act, 2014".
2013—Pub. L. 113–66 designated existing provisions as subsec. (a) and inserted heading,
substituted "any provision of this chapter other than section 4430" for "this chapter", and added
subsec. (b).
Pub. L. 113–46 substituted "the date specified in section 106(3) of the Continuing Appropriations
Act, 2014" for "December 31, 2013".
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.

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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, §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, §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, §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]."

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