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119th Congress

Title 49 — Transportation

Part A · Chapter 443 — Insurance

§ 44303. Coverage

Statutory text

(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 , 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 103–272 § 1(e) · 108 Stat. 745

    Enacted · 49 U.S.C. § 44303

    Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1169

    Source evidence

    Code source credit
    Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1169

    Enacted provision · exact public law section
    Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:

  2. Air Transportation Safety and System Stabilization Act

    Pub. L. 107–42 § 201(b)(1)(A) · 115 Stat. 230

    Inserted · 49 U.S.C. § 44303

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

    Source evidence

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

    Enacted provision · exact public law section
    (A) in the matter preceding paragraph (1) by inserting “, or reimburse insurance costs, as” after “insurance and reinsurance”; and

  3. Air Transportation Safety and System Stabilization Act

    Pub. L. 107–42 § 201(b)(1)(B) · 115 Stat. 230

    Inserted · 49 U.S.C. § 44303(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (B) in paragraph (1) by inserting “in the interest of air commerce or national security or” before “to carry out the foreign policy”.

  4. Homeland Security Act of 2002

    Pub. L. 107–296 title XII § 1201 · 116 Stat. 2135

    1. Amended · 49 U.S.C. § 44303

      Pub. L. 107–296 designated existing provisions as subsec. (a)

    2. Inserted · 49 U.S.C. § 44303

      Pub. L. 107–296 inserted heading, transferred

    3. Redesignated · 49 U.S.C. § 44303

      Pub. L. 107–296 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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    SEC. 1201. AIR CARRIER LIABILITY FOR THIRD PARTY CLAIMS ARISING OUT OF ACTS OF TERRORISM. Section 44303 of title 49, United States Code, is amended— (1) by inserting “(a) In general.—” before “The Secretary of Transportation”; (2) by moving the text of paragraph (2) of section 201(b) of the Air Transportation Safety and System Stabilization Act (115 Stat. 235) to the end and redesignating such paragraph as subsection (b); (3) in subsection (b) (as so redesignated)— (A) by striking the subsection heading and inserting “Air Carrier Liability for Third Party Claims Arising Out of Acts of Terrorism.—”; (B) in the first sentence by striking “the 180-day period following the date of enactment of this Act, the Secretary of Transportation” and inserting “the period beginning on September 22, 2001, and ending on December 31, 2003, the Secretary”; and (C) in the last sentence by striking “this paragraph” and inserting “this subsection”.

  5. Pub. L. 108–11 title IV § 4001(b) · 117 Stat. 559

    Substituted · 49 U.S.C. § 44303(b)

    Pub. L. 108–11 substituted “2004” for “2003”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 108–11 substituted “2004” for “2003”.

    Enacted provision · exact public law section
    (b) Section 44303(b) of such title is amended by striking “2003” and inserting “2004”.

  6. Pub. L. 108–176 § 106(a)(3)(A) · 117 Stat. 2490

    Substituted · 49 U.S.C. § 44303(a)

    Pub. L. 108–176, § 106(a)(3)(A), substituted “In General” for “In general” in heading

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 108–176, § 106(a)(3)(A), substituted “In General” for “In general” in heading.

    Enacted provision · exact public law section
    (A) in the subsection heading by striking “In general” and inserting “In General”; and

  7. Pub. L. 108–176 § 106(a)(3)(B) · 117 Stat. 2490

    Added · 49 U.S.C. § 44303(a)(6)

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

    Source evidence

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

    Enacted provision · exact public law section
    (B) by adding at the end the following: “(6) loss or damage of an aircraft manufacturer resulting from operation of an aircraft by an air carrier and involving war or terrorism.” .

  8. Pub. L. 108–176 § 106(b) · 117 Stat. 2490

    Inserted · 49 U.S.C. § 44303(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (b) Aircraft Manufacturer Liability for Third-Party Claims Arising Out of Acts of Terrorism.— Section 44303(b) is amended by adding at the end the following: “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.”.

  9. Department of Justice Appropriations Act, 2005

    Pub. L. 108–447 div. H title I § 106(b) · 118 Stat. 2809

    Substituted · 49 U.S.C. § 44303(b)

    Pub. L. 108–447 substituted “2005” for “2004’

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 108–447 substituted “2005” for “2004’.

    Enacted provision · exact public law section
    Sec. 106. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Justice in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 605 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section: Provided further, That none of the funds appropriated to “Buildings and Facilities, Federal Prison System” in this or any other Act may be transferred to “Salaries and Expenses, Federal Prison System”, or any other Department of Justice account, unless the President certifies that such a transfer is necessary to the national security interests of the United States, and such authority shall not be delegated, and shall be subject to section 605 of this Act.

  10. Department of Transportation Appropriations Act, 2006

    Pub. L. 109–115 div. A title I § 108(b) · 119 Stat. 2396

    Substituted · 49 U.S.C. § 44303(b)

    Pub. L. 109–115 substituted “2006” for “2005”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 109–115 substituted “2006” for “2005”.

    Enacted provision · exact public law section
    (b) Section 44303(b) of such title is amended by striking “2005,” and inserting “2006,”.

  11. Department of Commerce Appropriations Act, 2008

    Pub. L. 110–161 div. K title I § 114(b) · 121 Stat. 1844

    Substituted · 49 U.S.C. § 44303(b)

    Pub. L. 110–161 substituted “2008,” for “2006,”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 110–161 substituted “2008,” for “2006,”.

    Enacted provision · exact public law section
    (b) Establishment. Summit. Reports. Deadline. The agreement shall provide for: establishment of and appointment of members to the Climate Change Study Committee by the National Academy of Sciences; organization by the National Academy of Sciences of a Summit on Global Climate Change to help define the parameters of the study, not to exceed 3 days in length and to be attended by preeminent experts on global climate change selected by the National Academy of Sciences; and issuance of a report by the Climate Change Study Committee not later than 2 years after the date the Climate Change Study Committee is first convened, containing its findings, conclusions, and recommendations. Of such amount, $856,600 shall be for the Summit on Global Climate Change and $5,000,000 shall be for the other activities of the Climate Change Study Committee.

  12. Federal Aviation Administration Extension Act of 2008

    Pub. L. 110–253 § 3(c)(7) · 122 Stat. 2417

    Substituted · 49 U.S.C. § 44303(b)

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

    Target inherited from the preceding amendment note.

    Source evidence

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

    Enacted provision · exact public law section
    (7) Section 44303(b) of such title is amended by striking “December 31, 2008” and inserting “March 31, 2009”.

  13. Federal Aviation Administration Extension Act of 2008, Part II

    Pub. L. 110–330 § 5(d) · 122 Stat. 3717

    Substituted · 49 U.S.C. § 44303(b)

    Pub. L. 110–330 substituted “May 31, 2009,” for “March 31, 2009,”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 110–330 substituted “May 31, 2009,” for “March 31, 2009,”.

    Enacted provision · exact public law section
    (d) Section 44303(b) of such title is amended by striking “March 31, 2009,” and inserting “May 31, 2009,”.

  14. Pub. L. 111–12 § 5(c) · 123 Stat. 1458

    Substituted · 49 U.S.C. § 44303(b)

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

    Unresolved: Pub. L. 111–12 was not found in the local Statutes at Large index.

    Target inherited from the preceding amendment note.

    Source evidence

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

  15. Fiscal Year 2010 Federal Aviation Administration Extension Act

    Pub. L. 111–69 § 5(d) · 123 Stat. 2054

    Substituted · 49 U.S.C. § 44303(b)

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

    Target inherited from the preceding amendment note.

    Source evidence

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

    Enacted provision · exact public law section
    (d) Section 44303(b) of such title is amended by striking “December 31, 2009,” and inserting “March 31, 2010,”.

  16. Department of Transportation Appropriations Act, 2010

    Pub. L. 111–117 div. A title I § 114(b) · 123 Stat. 3034

    Substituted · 49 U.S.C. § 44303(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (b) Section 44303(b) of such title is amended by striking “December 31, 2009,” and inserting “December 31, 2010,”.

  17. Fiscal Year 2010 Federal Aviation Administration Extension Act, Part II

    Pub. L. 111–116 § 5(c) · 123 Stat. 3031

    Substituted · 49 U.S.C. § 44303(b)

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

    Target inherited from the preceding amendment note.

    Source evidence

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

    Enacted provision · exact public law section
    (c) Section 44303(b) of such title is amended by striking “March 31, 2010,” and inserting “June 30, 2010,”.

  18. Federal Aviation Administration Extension Act of 2010

    Pub. L. 111–153 § 5(c) · 124 Stat. 1084

    Substituted · 49 U.S.C. § 44303(b)

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

    Target inherited from the preceding amendment note.

    Source evidence

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

    Enacted provision · exact public law section
    (c) Section 44303(b) of such title is amended by striking “June 30, 2010,” and inserting “July 31, 2010,”.

  19. Airport and Airway Extension Act of 2010

    Pub. L. 111–161 § 5(c) · 124 Stat. 1126

    Substituted · 49 U.S.C. § 44303(b)

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

    Target inherited from the preceding amendment note.

    Source evidence

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

    Enacted provision · exact public law section
    (c) Section 44303(b) of such title is amended by striking “July 31, 2010,” and inserting “September 30, 2010,”.

  20. Airport and Airway Extension Act of 2010, Part II

    Pub. L. 111–197 § 5(c) · 124 Stat. 1353

    Substituted · 49 U.S.C. § 44303(b)

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

    Target inherited from the preceding amendment note.

    Source evidence

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

    Enacted provision · exact public law section
    (c) Section 44303(b) of such title is amended by striking “September 30, 2010,” and inserting “October 31, 2010,”.

  21. Airline Safety and Federal Aviation Administration Extension Act of 2010

    Pub. L. 111–216 title I § 104(c) · 124 Stat. 2348

    Substituted · 49 U.S.C. § 44303(b)

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

    Target inherited from the preceding amendment note.

    Source evidence

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

    Enacted provision · exact public law section
    (c) Section 44303(b) of such title is amended by striking “October 31, 2010,” and inserting “December 31, 2010,”.

  22. Airport and Airway Extension Act of 2010, Part III

    Pub. L. 111–249 § 5(d) · 124 Stat. 2627

    Substituted · 49 U.S.C. § 44303(b)

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

    Target inherited from the preceding amendment note.

    Source evidence

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

    Enacted provision · exact public law section
    (d) Section 44303(b) of such title is amended by striking “December 31, 2010,” and inserting “March 31, 2011,”.

  23. Airport and Airway Extension Act of 2010, Part IV

    Pub. L. 111–329 § 5(c) · 124 Stat. 3566

    Substituted · 49 U.S.C. § 44303(b)

    Pub. L. 111–329 substituted “June 30, 2011,” for “March 31, 2011,”

    Source evidence

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

    Enacted provision · exact public law section
    (c) Section 44303(b) of such title is amended by striking “March 31, 2011,” and inserting “June 30, 2011,”.

  24. Airport and Airway Extension Act of 2011

    Pub. L. 112–7 § 5(c) · 125 Stat. 32

    Substituted · 49 U.S.C. § 44303(b)

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

    Target inherited from the preceding amendment note.

    Source evidence

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

    Enacted provision · exact public law section
    (c) Section 44303(b) of such title is amended by striking “June 30, 2011,” and inserting “August 31, 2011,”.

    Effective date note
    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.

  25. Airport and Airway Extension Act of 2011, Part II

    Pub. L. 112–16 § 5(c) · 125 Stat. 219

    Substituted · 49 U.S.C. § 44303(b)

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

    Target inherited from the preceding amendment note.

    Source evidence

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

    Enacted provision · exact public law section
    (c) Section 44303(b) of such title is amended by striking “August 31, 2011,” and inserting “September 30, 2011,”.

    Effective date note
    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.

  26. Airport and Airway Extension Act of 2011, Part III

    Pub. L. 112–21 § 5(c) · 125 Stat. 234

    Substituted · 49 U.S.C. § 44303(b)

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

    Target inherited from the preceding amendment note.

    Source evidence

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

    Enacted provision · exact public law section
    (c) Section 44303(b) of such title is amended by striking “September 30, 2011,” and inserting “October 31, 2011,”.

    Effective date note
    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.

  27. Airport and Airway Extension Act of 2011, Part IV

    Pub. L. 112–27 § 5(c) · 125 Stat. 271

    Substituted · 49 U.S.C. § 44303(b)

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

    Target inherited from the preceding amendment note.

    Source evidence

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

    Enacted provision · exact public law section
    (c) Section 44303(b) of such title is amended by striking “October 31, 2011,” and inserting “December 31, 2011,”.

    Effective date note
    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.

  28. Airport and Airway Extension Act of 2011, Part V

    Pub. L. 112–30 title II § 205(d) · 125 Stat. 358

    Substituted · 49 U.S.C. § 44303(b)

    Pub. L. 112–30 substituted “April 30, 2012,” for “December 31, 2011,”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 112–30 substituted “April 30, 2012,” for “December 31, 2011,”.

    Enacted provision · exact public law section
    (d) Section 44303(b) of such title is amended by striking “December 31, 2011,” and inserting “April 30, 2012,”.

  29. Pub. L. 112–91 § 5(d) · 126 Stat. 4

    Substituted · 49 U.S.C. § 44303(b)

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

    Unresolved: Pub. L. 112–91 was not found in the local Statutes at Large index.

    Target inherited from the preceding amendment note.

    Source evidence

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

  30. FAA Modernization and Reform Act of 2012

    Pub. L. 112–95 title VII § 702 · 126 Stat. 11

    Substituted · 49 U.S.C. § 44303(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    SEC. 702. EXTENSION OF AUTHORITY TO LIMIT THIRD-PARTY LIABILITY OF AIR CARRIERS ARISING OUT OF ACTS OF TERRORISM.   The first sentence of section 44303(b) is amended by striking “ending on” and all that follows through “the Secretary may certify” and inserting “ending on December 31, 2013, the Secretary may certify”.

  31. Pub. L. 113–46 div. A § 153 · 127 Stat. 558

    Substituted · 49 U.S.C. § 44303(b)

    Pub. L. 113–46 substituted “the date specified in section 106(3) of the Continuing Appropriations Act, 2014” for “December 31, 2013”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 113–46 substituted “the date specified in section 106(3) of the Continuing Appropriations Act, 2014” for “December 31, 2013”.

    Enacted provision · exact public law section
    Sec. 153. Section 44303 of title 49, United States Code, is amended in paragraph (b) by deleting “December 31, 2013” and inserting “the date specified in section 106(3) of the Continuing Appropriations Act, 2014” in lieu thereof.

  32. Department of Transportation Appropriations Act, 2014

    Pub. L. 113–76 div. L title I § 119E(b) · 128 Stat. 5

    Substituted · 49 U.S.C. § 44303(b)

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

    Target inherited from the preceding amendment note.

    Source evidence

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

    Enacted provision · exact public law section
    (b) Section 44303 of title 49, United States Code, is amended in paragraph (b) by deleting “the date specified in section 106(3) of the Continuing Appropriations Act, 2014” and inserting “September 30, 2014” in lieu thereof.

  33. Continuing Appropriations Resolution, 2015

    Pub. L. 113–164 § 148(b) · 128 Stat. 1867

    Substituted · 49 U.S.C. § 44303(b)

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

    Target inherited from the preceding amendment note.

    Source evidence

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

    Enacted provision · exact public law section
    (b) Section 44303(b) of title 49, United States Code, is amended by striking “September 30, 2014” and inserting “the date specified in section 106(3) of the Continuing Appropriations Resolution, 2015”.

  34. Department of Commerce Appropriations Act, 2015

    Pub. L. 113–235 div. L § 102(b) · 128 Stat. 2130

    Substituted · 49 U.S.C. § 44303(b)

    Pub. L. 113–235 substituted “December 11, 2014” for “the date specified in section 106(3) of the Continuing Appropriations Resolution, 2015”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 113–235 substituted “December 11, 2014” for “the date specified in section 106(3) of the Continuing Appropriations Resolution, 2015”.

    Enacted provision · exact public law section
    Sec. 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902).

  35. Department of Commerce Appropriations Act, 2023

    Pub. L. 117–328 div. Q § 103(b)(1) · 136 Stat. 4459

    Substituted · 49 U.S.C. § 44303(a)

    Pub. L. 117–328 substituted “sections 44302 and 44302a” for “section 44302” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 117–328 substituted “sections 44302 and 44302a” for “section 44302” in introductory provisions.

    Enacted provision · exact public law section
    Sec. 103. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Commerce in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, Notification. Time period. That the Secretary of Commerce shall notify the Committees on Appropriations at least 15 days in advance of the acquisition or disposal of any capital asset (including land, structures, and equipment) not specifically provided for in this Act or any other law appropriating funds for the Department of Commerce.

35 of 37 references resolved to an enrolled provision · 2 unresolved

Notes

historicalAndRevision
Historical and Revision Notes
RevisedSectionSource (U.S. Code)Source (Statutes at Large)
4430349 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

The text of section 201(b)(2) of Pub. L. 107–42, which was transferred and redesignated so as to appear as subsec. (b) of this section and amended by Pub. L. 107–296, was based on Pub. L. 107–42, title II, § 201(b)(2), , 115 Stat. 235, formerly included in a note set out under section 40101 of this title.

Amendments2001–2022 · 14 rounds

2022

Subsec. (a). Pub. L. 117–328 substituted “sections 44302 and 44302a” for “section 44302” in introductory provisions.

2014

Subsec. (b). Pub. L. 113–235 substituted “” 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 “”.

Pub. L. 113–76 substituted “” 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 “”.

2012

Subsec. (b). Pub. L. 112–95 substituted “ending on , the Secretary may certify” for “ending on , the Secretary may certify”.

Pub. L. 112–91 substituted “,” for “,”.

2011

Subsec. (b). Pub. L. 112–30 substituted “,” for “,”.

Pub. L. 112–27 substituted “,” for “,”.

Pub. L. 112–21 substituted “,” for “,”.

Pub. L. 112–16 substituted “,” for “,”.

Pub. L. 112–7 substituted “,” for “,”.

2010

Subsec. (b). Pub. L. 111–329 substituted “,” for “,”.

Pub. L. 111–249 substituted “,” for “,”.

Pub. L. 111–216 substituted “,” for “,”.

Pub. L. 111–197 substituted “,” for “,”.

Pub. L. 111–161 substituted “,” for “,”.

Pub. L. 111–153 substituted “,” for “,”.

2009

Subsec. (b). Pub. L. 111–117, which directed the substitution of “,” for “,”, could not be executed due to the intervening amendment by Pub. L. 111–69. See below.

Pub. L. 111–116 substituted “,” for “,”.

Pub. L. 111–69 substituted “,” for “,”.

Pub. L. 111–12 substituted “,” for “,”.

2008

Subsec. (b). Pub. L. 110–330 substituted “,” for “,”.

Pub. L. 110–253 substituted “” for “”.

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 , 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.

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”.

Statutory Notes and Related Subsidiaries

Effective Date of 2011 Amendment

Amendment by Pub. L. 112–27 effective , 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 , 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 , 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 , 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 , 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 , 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 , 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 , 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 , 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 , 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 , 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 , 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 , 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 , 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 , 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 , 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, , 121 Stat. 48, provided that subsec. (b) of this section would be applied by substituting “” for “”.

Credits

1994–2022 · 32 acts
  1. 1994Pub. L. 103–272, § 1(e), , 108 Stat. 1169
  2. 2001Pub. L. 107–42, title II, § 201(b)(1), , 115 Stat. 235
  3. 2002Pub. L. 107–296, title XII, § 1201, , 116 Stat. 2286
  4. 2003Pub. L. 108–11, title IV, § 4001(b), , 117 Stat. 606
  5. 2003Pub. L. 108–176, title I, § 106(a)(3), (b), , 117 Stat. 2499
  6. 2004Pub. L. 108–447, div. H, title I, § 106(b), , 118 Stat. 3204
  7. 2005Pub. L. 109–115, div. A, title I, § 108(b), , 119 Stat. 2402
  8. 2007Pub. L. 110–161, div. K, title I, § 114(b), , 121 Stat. 2381
  9. 2008Pub. L. 110–253, § 3(c)(7), , 122 Stat. 2418
  10. 2008Pub. L. 110–330, § 5(d), , 122 Stat. 3718
  11. 2009Pub. L. 111–12, § 5(c), , 123 Stat. 1458
  12. 2009Pub. L. 111–69, § 5(d), , 123 Stat. 2055
  13. 2009Pub. L. 111–116, § 5(c), , 123 Stat. 3032
  14. 2009Pub. L. 111–117, div. A, title I, § 114(b), , 123 Stat. 3043
  15. 2010Pub. L. 111–153, § 5(c), , 124 Stat. 1085
  16. 2010Pub. L. 111–161, § 5(c), , 124 Stat. 1127
  17. 2010Pub. L. 111–197, § 5(c), , 124 Stat. 1354
  18. 2010Pub. L. 111–216, title I, § 104(c), , 124 Stat. 2349
  19. 2010Pub. L. 111–249, § 5(d), , 124 Stat. 2628
  20. 2010Pub. L. 111–329, § 5(c), , 124 Stat. 3567
  21. 2011Pub. L. 112–7, § 5(c), , 125 Stat. 32
  22. 2011Pub. L. 112–16, § 5(c), , 125 Stat. 219
  23. 2011Pub. L. 112–21, § 5(c), , 125 Stat. 234
  24. 2011Pub. L. 112–27, § 5(c), , 125 Stat. 271
  25. 2011Pub. L. 112–30, title II, § 205(d), , 125 Stat. 358
  26. 2012Pub. L. 112–91, § 5(d), , 126 Stat. 4
  27. 2012Pub. L. 112–95, title VII, § 702, , 126 Stat. 118
  28. 2013Pub. L. 113–46, div. A, § 153, , 127 Stat. 565
  29. 2014Pub. L. 113–76, div. L, title I, § 119E(b), , 128 Stat. 582
  30. 2014Pub. L. 113–164, § 148(b), , 128 Stat. 1874
  31. 2014Pub. L. 113–235, div. L, § 102(b), , 128 Stat. 2767
  32. 2022Pub. L. 117–328, div. Q, § 103(b)(1), , 136 Stat. 5252.
Show as published

(Pub. L. 103–272, § 1(e), , 108 Stat. 1169; Pub. L. 107–42, title II, § 201(b)(1), , 115 Stat. 235; Pub. L. 107–296, title XII, § 1201, , 116 Stat. 2286; Pub. L. 108–11, title IV, § 4001(b), , 117 Stat. 606; Pub. L. 108–176, title I, § 106(a)(3), (b), , 117 Stat. 2499; Pub. L. 108–447, div. H, title I, § 106(b), , 118 Stat. 3204; Pub. L. 109–115, div. A, title I, § 108(b), , 119 Stat. 2402; Pub. L. 110–161, div. K, title I, § 114(b), , 121 Stat. 2381; Pub. L. 110–253, § 3(c)(7), , 122 Stat. 2418; Pub. L. 110–330, § 5(d), , 122 Stat. 3718; Pub. L. 111–12, § 5(c), , 123 Stat. 1458; Pub. L. 111–69, § 5(d), , 123 Stat. 2055; Pub. L. 111–116, § 5(c), , 123 Stat. 3032; Pub. L. 111–117, div. A, title I, § 114(b), , 123 Stat. 3043; Pub. L. 111–153, § 5(c), , 124 Stat. 1085; Pub. L. 111–161, § 5(c), , 124 Stat. 1127; Pub. L. 111–197, § 5(c), , 124 Stat. 1354; Pub. L. 111–216, title I, § 104(c), , 124 Stat. 2349; Pub. L. 111–249, § 5(d), , 124 Stat. 2628; Pub. L. 111–329, § 5(c), , 124 Stat. 3567; Pub. L. 112–7, § 5(c), , 125 Stat. 32; Pub. L. 112–16, § 5(c), , 125 Stat. 219; Pub. L. 112–21, § 5(c), , 125 Stat. 234; Pub. L. 112–27, § 5(c), , 125 Stat. 271; Pub. L. 112–30, title II, § 205(d), , 125 Stat. 358; Pub. L. 112–91, § 5(d), , 126 Stat. 4; Pub. L. 112–95, title VII, § 702, , 126 Stat. 118; Pub. L. 113–46, div. A, § 153, , 127 Stat. 565; Pub. L. 113–76, div. L, title I, § 119E(b), , 128 Stat. 582; Pub. L. 113–164, § 148(b), , 128 Stat. 1874; Pub. L. 113–235, div. L, § 102(b), , 128 Stat. 2767; Pub. L. 117–328, div. Q, § 103(b)(1), , 136 Stat. 5252.)

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USLM identifier /us/usc/t49/s44303