49 U.S.C. § 44303 — Coverage

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 559 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary may insure certain aircraft operations the President approves. This covers operations tied to air commerce, national security, or foreign policy. It also covers related property, crew, and liabilities. For 2001-2014 terrorism acts against a carrier, the Secretary could cap its third-party liability at $100 million. The government then covered the rest, and no punitive damages could be awarded.

(a) In General. The Secretary of Transportation may provide insurance, reinsurance, or insurance-cost reimbursement under sections 44302 and 44302a for: (1) an American or foreign-flag aircraft doing operations the President decides are necessary for air commerce, national security, or U.S. foreign policy; (2) property carried or to be carried on that aircraft, including: (A) express or registered mail shipments; (B) property owned by U.S. citizens or residents; (C) property imported to or exported from the United States, bought or sold under a contract that puts the risk of loss or insurance duty on a U.S. citizen or resident; and (D) property moving between a state or D.C. and a territory or possession, between two territories or possessions, or within the same territory or possession; (3) the personal effects and baggage of the aircraft's crew and other people it employs or carries; (4) the crew and other people aboard, against loss of life, injury, or detention; and (5) statutory, contractual, or other liabilities that insurance customarily covers, belonging to the aircraft or its owner or operator; and (6) an aircraft manufacturer's loss or damage from an air carrier's operation of an aircraft, involving war or terrorism. (b) Air Carrier Liability for Third Party Claims Arising Out of Acts of Terrorism. For an act of terrorism against an air carrier between September 22, 2001, and December 11, 2014, the Secretary could certify that the carrier was a victim of terrorism. Based on the Secretary's judgment about the facts, the carrier would then not be responsible for third-party losses (as defined in 14 C.F.R. § 205.5(b)(1)) above $100,000,000, total, for all claims from that act. If the Secretary certified this, the carrier's liability was capped at $100,000,000 total for those claims, and the Government covered any amount above that. No punitive damages could be awarded against the carrier — or the Government standing in for it — from that act. The Secretary could extend this subsection to an aircraft manufacturer (as section 44301 defines it) of the carrier's aircraft.

the actual law source: uscode.house.gov ↗public domain

(a)In General.—

The Secretary of Transportation may provide insurance and reinsurance, or reimburse insurance costs, as authorized under sections 44302 and 44302a 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 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.

Source credit: (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; Pub. L. 117–328, div. Q, § 103(b)(1), Dec. 29, 2022, 136 Stat. 5252.)

history & why it existsrecord from the source credit

1994Enacted · Pub. L. 103-272 · 108 Stat. 1169
2001Amended · Pub. L. 107-42 · 115 Stat. 235
2002Amended · Pub. L. 107-296 · 116 Stat. 2286
2003Amended · Pub. L. 108-11 · 117 Stat. 606
2003Amended · Pub. L. 108-176 · 117 Stat. 2499
2004Amended · Pub. L. 108-447 · 118 Stat. 3204
2005Amended · Pub. L. 109-115 · 119 Stat. 2402
2007Amended · Pub. L. 110-161 · 121 Stat. 2381
2008Amended · Pub. L. 110-253 · 122 Stat. 2418
2008Amended · Pub. L. 110-330 · 122 Stat. 3718
2009Amended · Pub. L. 111-12 · 123 Stat. 1458
2009Amended · Pub. L. 111-69 · 123 Stat. 2055
2009Amended · Pub. L. 111-116 · 123 Stat. 3032
2009Amended · Pub. L. 111-117 · 123 Stat. 3043
2010Amended · Pub. L. 111-153 · 124 Stat. 1085
2010Amended · Pub. L. 111-161 · 124 Stat. 1127
2010Amended · Pub. L. 111-197 · 124 Stat. 1354
2010Amended · Pub. L. 111-216 · 124 Stat. 2349
2010Amended · Pub. L. 111-249 · 124 Stat. 2628
2010Amended · Pub. L. 111-329 · 124 Stat. 3567
2011Amended · Pub. L. 112-7 · 125 Stat. 32
2011Amended · Pub. L. 112-16 · 125 Stat. 219
2011Amended · Pub. L. 112-21 · 125 Stat. 234
2011Amended · Pub. L. 112-27 · 125 Stat. 271
2011Amended · Pub. L. 112-30 · 125 Stat. 358
2012Amended · Pub. L. 112-91 · 126 Stat. 4
2012Amended · Pub. L. 112-95 · 126 Stat. 118
2013Amended · Pub. L. 113-46 · 127 Stat. 565
2014Amended · Pub. L. 113-76 · 128 Stat. 582
2014Amended · Pub. L. 113-164 · 128 Stat. 1874
2014Amended · Pub. L. 113-235 · 128 Stat. 2767
2022Amended · Pub. L. 117-328 · 136 Stat. 5252

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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