49 U.S.C. § 44303

(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 .—

September 22, 2001December 11, 2014For acts of terrorism committed on or to an air carrier during the period beginning on , and ending on , 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.

Historical and Revision Notes
44303	49 App.:1533.	Aug. 23, 1958, Pub. L. 85–726, § 1303, 72 Stat. 801; restated Nov. 9, 1977, Pub. L. 95–163, § 3, 91 Stat. 1279.

Historical and Revision Notes

44303

49 App.:1533.

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”.

Editorial Notes

Codification

section 201(b)(2) of Pub. L. 107–42 Pub. L. 107–296 Pub. L. 107–42, title II, § 201(b)(2)Sept. 22, 2001115 Stat. 235 section 40101 of this titleThe text of , which was transferred and redesignated so as to appear as subsec. (b) of this section and amended by , was based on , , , formerly included in a note set out under .

Amendments

Pub. L. 117–3282022—Subsec. (a). substituted “sections 44302 and 44302a” for “section 44302” in introductory provisions.

Pub. L. 113–235December 11, 20142014—Subsec. (b). 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. 113–46December 31, 20132013—Subsec. (b). substituted “the date specified in section 106(3) of the Continuing Appropriations Act, 2014” for “”.

Pub. L. 112–95December 31, 2013May 17, 20122012—Subsec. (b). substituted “ending on , the Secretary may certify” for “ending on , the Secretary may certify”.

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

Pub. L. 112–30April 30, 2012December 31, 20112011—Subsec. (b). substituted “,” for “,”.

Pub. L. 112–27December 31, 2011October 31, 2011 substituted “,” for “,”.

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

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

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

Pub. L. 111–329June 30, 2011March 31, 20112010—Subsec. (b). substituted “,” for “,”.

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

Pub. L. 111–216December 31, 2010October 31, 2010 substituted “,” for “,”.

Pub. L. 111–197October 31, 2010September 30, 2010 substituted “,” for “,”.

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

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

Pub. L. 111–117December 31, 2010December 31, 2009Pub. L. 111–692009—Subsec. (b). , which directed the substitution of “,” for “,”, could not be executed due to the intervening amendment by . See below.

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

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

Pub. L. 111–12December 31, 2009May 31, 2009 substituted “,” for “,”.

Pub. L. 110–330May 31, 2009March 31, 20092008—Subsec. (b). substituted “,” for “,”.

Pub. L. 110–253March 31, 2009December 31, 2008 substituted “” for “”.

Pub. L. 110–1612007—Subsec. (b). substituted “2008,” for “2006,”.

Pub. L. 109–1152005—Subsec. (b). substituted “2006” for “2005”.

Pub. L. 108–4472004—Subsec. (b). substituted “2005” for “2004’.

Pub. L. 108–176, § 106(a)(3)(A)In GeneralIn general2003—Subsec. (a). , substituted “” for “” in heading.

Pub. L. 108–176, § 106(a)(3)(B)Subsec. (a)(6). , added par. (6).

Pub. L. 108–176, § 106(b)Subsec. (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”.

Pub. L. 107–296 section 201(b)(2) of Pub. L. 107–42September 22, 2001December 31, 20032002— designated existing provisions as subsec. (a), inserted heading, transferred and redesignated the text of 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 , and ending on , 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.

Pub. L. 107–42, § 201(b)(1)(A)2001—, inserted “, or reimburse insurance costs, as” after “insurance and reinsurance” in introductory provisions.

Pub. L. 107–42, § 201(b)(1)(B)Par. (1). , inserted “in the interest of air commerce or national security or” before “to carry out the foreign policy”.

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

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

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

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

Pub. L. 112–7Apr. 1, 2011section 5(j) of Pub. L. 112–7 section 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. 111–329 section 40117 of this titleAmendment by effective , see , set out as a note under .

Pub. L. 111–249Oct. 1, 2010lPub. L. 111–249 section 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. 111–216 section 40117 of this titleAmendment by effective , see , set out as a note under .

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

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

Pub. L. 111–153Apr. 1, 2010section 5(j) of Pub. L. 111–153 section 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. 111–116 section 40117 of this titleAmendment by effective , see , set out as a note under .

Pub. L. 111–12Apr. 1, 2009section 5(j) of Pub. L. 111–12 section 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. 110–330 section 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. 110–253 section 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. 108–176 section 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. 107–296 section 101 of Title 6Amendment by effective 60 days after , see , set out as an Effective Date note under , Domestic Security.

Extension of Limitation of Air Carrier Liability

Pub. L. 109–289, div. B, title II, § 21002(b)Pub. L. 110–5, § 2Feb. 15, 2007121 Stat. 48September 30, 2007December 31, 2006, as added by , , , provided that subsec. (b) of this section would be applied by substituting “” for “”.