49 U.S.C. § 44302

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.

Editorial Notes

References in Text

Pub. L. 107–42Sept. 22, 2001The date of enactment of this paragraph, referred to in subsec. (b)(4), is the date of enactment of , which was approved .

Pub. L. 107–296Nov. 25, 2002The date of enactment of this subsection, referred to in subsec. (f)(1), is the date of enactment of , which was approved .

Amendments

Pub. L. 113–235December 11, 20142014—Subsec. (f)(1). substituted “” for “the date specified in section 106(3) of the Continuing Appropriations Resolution, 2015”.

Pub. L. 113–164September 30, 2014 substituted “the date specified in section 106(3) of the Continuing Appropriations Resolution, 2015” for “”.

Pub. L. 113–76September 30, 2014 substituted “” for “the date specified in section 106(3) of the Continuing Appropriations Act, 2014”.

Pub. L. 113–46September 30, 2013December 31, 20132013—Subsec. (f)(1). substituted “the date specified in section 106(3) of the Continuing Appropriations Act, 2014” for “, and may extend through ”.

Pub. L. 112–95September 30, 2013December 31, 2013February 17, 2012May 17, 20122012—Subsec. (f)(1). substituted “shall extend through , and may extend through , the termination date” for “shall extend through , and may extend through , the termination date”.

Pub. L. 112–91February 17, 2012January 31, 2012May 17, 2012April 30, 2012 substituted “,” for “,” and “,” for “,”.

Pub. L. 112–30January 31, 2012September 16, 2011April 30, 2012December 31, 20112011—Subsec. (f)(1). substituted “,” for “,” and “,” for “,”.

Pub. L. 112–27September 16, 2011July 22, 2011December 31, 2011October 31, 2011 substituted “,” for “,” and “,” for “,”.

Pub. L. 112–21July 22, 2011June 30, 2011October 31, 2011September 30, 2011 substituted “,” for “,” and “,” for “,”.

Pub. L. 112–16June 30, 2011May 31, 2011September 30, 2011August 31, 2011 substituted “,” for “,” and “,” for “,”.

Pub. L. 112–7May 31, 2011March 31, 2011August 31, 2011June 30, 2011 substituted “,” for “,” and “,” for “,”.

Pub. L. 111–329, § 5(b)March 31, 2011December 31, 2010June 30, 2011March 31, 20112010—Subsec. (f)(1). , substituted “,” for “,” and “,” for “,”.

Pub. L. 111–249December 31, 2010September 30, 2010March 31, 2011December 31, 2010 substituted “,” for “,” and “,” for “,”.

Pub. L. 111–216September 30, 2010August 1, 2010December 31, 2010October 31, 2010 substituted “,” for “,” and “,” for “,”.

Pub. L. 111–197August 1, 2010July 3, 2010October 31, 2010September 30, 2010 substituted “,” for “,” and “,” for “,”.

Pub. L. 111–161July 3, 2010April 30, 2010September 30, 2010July 31, 2010 substituted “,” for “,” and “,” for “,”.

Pub. L. 111–153April 30, 2010March 31, 2010July 31, 2010June 30, 2010 substituted “,” for “,” and “,” for “,”.

Pub. L. 111–117September 30, 2010September 30, 2009December 31, 2010December 31, 2009Pub. L. 111–692009—Subsec. (f)(1). , which directed the substitution of “,” for “,” and “,” for “,”, could not be executed because of the intervening amendment by . See below.

Pub. L. 111–116March 31, 2010December 31, 2009June 30, 2010March 31, 2010 substituted “,” for “,” and “,” for “,”.

Pub. L. 111–69December 31, 2009September 30, 2009March 31, 2010December 31, 2009 substituted “,” for “,” and “,” for “,”.

Pub. L. 111–12September 30, 2009March 31, 2009December 31, 2009May 31, 2009 substituted “,” for “,” and “,” for “,”.

Pub. L. 110–330March 31, 2009November 30, 2008May 31, 2009December 31, 20082008—Subsec. (f)(1). substituted “,” for “,” and “,” for “,”.

Pub. L. 110–253November 30, 2008August 31, 2008 substituted “” for “”.

Pub. L. 110–1612007—Subsec. (f)(1). substituted “2008” for “2006” in two places.

Pub. L. 109–1152005—Subsec. (f)(1). substituted “2006” for “2005” in two places.

Pub. L. 108–4472004—Subsec. (f)(1). substituted “2005” for “2004” in two places.

Pub. L. 108–112003—Subsec. (f)(1). , substituted “2004” for “2003” in two places.

Pub. L. 108–176Subsec. (g). added subsec. (g).

Pub. L. 107–2962002—Subsec. (f). added subsec. (f).

Pub. L. 107–42, § 201(a)(1)2001—Subsec. (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.”

Pub. L. 107–42, § 201(a)(3)Subsec. (b). , added subsec. (b). Former subsec. (b) redesignated (c).

Pub. L. 107–42, § 201(a)(2)Subsec. (c). , (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).

Pub. L. 107–42, § 201(a)(2)Subsec. (d). , (5), redesignated subsec. (c) as (d) and inserted “or reimbursing an air carrier” before “under this chapter”. Former subsec. (d) redesignated (e).

Pub. L. 107–42, § 201(a)(2)Subsec. (e). , redesignated subsec. (d) as (e).

Pub. L. 105–1371997—Subsec. (a)(2). substituted “as determined by the Secretary in accordance with reasonable business practices in the commercial aviation insurance industry.” for “as determined by the Secretary.”

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Pub. L. 112–27July 23, 2011section 5(j) of Pub. L. 112–27section 40117 of this titleAmendment by effective , see , set out as a note under .

Pub. L. 112–21July 1, 2011section 5(j) of Pub. L. 112–21section 40117 of this titleAmendment by effective , see , set out as a note under .

Pub. L. 112–16June 1, 2011section 5(j) of Pub. L. 112–16section 40117 of this titleAmendment by effective , see , set out as a note under .

Pub. L. 112–7Apr. 1, 2011section 5(j) of Pub. L. 112–7section 40117 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 2010 Amendment

Pub. L. 111–329Jan. 1, 2011section 5(j) of Pub. L. 111–329section 40117 of this titleAmendment by effective , see , set out as a note under .

Pub. L. 111–249Oct. 1, 2010lPub. L. 111–249section 40117 of this titleAmendment by effective , see section 5() of , set out as a note under .

Pub. L. 111–216Aug. 2, 2010section 104(j) of Pub. L. 111–216section 40117 of this titleAmendment by effective , see , set out as a note under .

Pub. L. 111–197July 4, 2010section 5(j) of Pub. L. 111–197section 40117 of this titleAmendment by effective , see , set out as a note under .

Pub. L. 111–161May 1, 2010section 5(j) of Pub. L. 111–161section 40117 of this titleAmendment by effective , see , set out as a note under .

Pub. L. 111–153Apr. 1, 2010section 5(j) of Pub. L. 111–153section 40117 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 2009 Amendment

Pub. L. 111–116Jan. 1, 2010section 5(j) of Pub. L. 111–116section 40117 of this titleAmendment by effective , see , set out as a note under .

Pub. L. 111–12Apr. 1, 2009section 5(j) of Pub. L. 111–12section 40117 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 2008 Amendment

Pub. L. 110–330Oct. 1, 2008lPub. L. 110–330section 40117 of this titleAmendment by effective , see section 5() of , set out as a note under .

Pub. L. 110–253July 1, 2008section 3(d) of Pub. L. 110–253section 9502 of Title 26Amendment by effective , see , set out as a note under , Internal Revenue Code.

Effective Date of 2003 Amendment

Pub. L. 108–176Sept. 30, 2003section 3 of Pub. L. 108–176section 106 of this titleAmendment by applicable only to fiscal years beginning after , except as otherwise specifically provided, see , set out as a note under .

Effective Date of 2002 Amendment

Pub. L. 107–296Nov. 25, 2002section 4 of Pub. L. 107–296section 101 of Title 6Amendment by effective 60 days after , see , set out as an Effective Date note under , Domestic Security.

Extension of Termination Date of Policies

Pub. L. 109–289, div. B, title II, § 21002(a)Pub. L. 110–5, § 2Feb. 15, 2007121 Stat. 47September 30, 2007August 31, 2006December 31, 2006, as added by , , , provided that subsec. (f)(1) of this section would be applied by substituting “” for “, and may extend through ”.

Executive Documents

Provision of Aviation Insurance Coverage for Commercial Air Carrier Service

July 26, 1994Determination of President of the United States, No. 94–39, , 59 F.R. 38551, provided:

3 U.S.C. 30149 U.S.C. 44302By virtue of the authority vested in me by the Constitution and laws of the United States, including and , 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;

49 U.S.C. 44301–443(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 10, 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;

49 U.S.C. 44302(b)(3) delegate to the Secretary of Transportation, in consultation with the Secretary of State, the authority vested in me by [now 44302(c)], for purposes of responding to the current crisis in Haiti; and

49 U.S.C. 44306(b)(4) delegate to the Secretary of Transportation, in consultation with the Secretary of State, the authority vested in me by [now 44306(c)] for purposes of responding to the current crisis in Haiti.

49 U.S.C. 40102(a)(2)The Secretary of Transportation is directed to bring this determination immediately to the attention of all air carriers within the meaning of , and to arrange for its publication in the Federal Register.

Provision of Aviation Insurance Coverage for Commercial Air Carrier Service in Domestic and International Operations

Memorandum for the Secretary of Transportation

Dec. 27, 2013Memorandum of President of the United States, , 79 F.R. 527, provided:

49 U.S.C. 44301–443By the authority vested in me as President by the Constitution and the laws of the United States, including 10, 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.

January 15, 20142. 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 , 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.

49 U.S.C. 44306(c)December 31, 2014December 31, 2014December 31, 20143. Delegate to the Secretary of Transportation the authority, vested in me by , to extend this approval and determination through , or until any date prior to , 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 .

49 U.S.C. 40102(a)(2)You are directed to bring this determination immediately to the attention of all air carriers, as defined in , and to arrange for its publication in the Federal Register.

Prior Presidential documents related to provision of insurance to U.S.-flag commercial air service were contained in the following:

Sept. 27, 2012Memorandum of President of the United States, , 77 F.R. 60035.

Sept. 28, 2011Memorandum of President of the United States, , 76 F.R. 61247.

Sept. 29, 2010Memorandum of President of the United States, , 75 F.R. 61033.

Aug. 21, 2009Memorandum of President of the United States, , 74 F.R. 43617.

Dec. 23, 2008Memorandum of President of the United States, , 73 F.R. 79589.

Dec. 27, 2007Memorandum of President of the United States, , 73 F.R. 1813.

Dec. 21, 2006Memorandum of President of the United States, , 71 F.R. 77243.

Dec. 22, 2005Memorandum of President of the United States, , 70 F.R. 76669.

Dec. 21, 2004Determination of President of the United States, No. 2005–15, , 69 F.R. 77607.

Dec. 11, 2003Determination of President of the United States, No. 2004–13, , 69 F.R. 5237.

Sept. 23, 2001Determination of President of the United States, No. 01–29, , 66 F.R. 49075.