49 U.S.C. § 44302

Section 44302 · General authority

Current version, with additions and removals from the September 19, 2014 version.

View current clean text →Side-by-side view

(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.

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 ~~the date specified in section 106(3) of the Continuing Appropriations Resolution, 2015,~~ 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.

(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.

Download

Copy

Embed on your site

Hover to preview · click to copy the code

Search Wikipedia →

Versions

Dec 16, 2014 – presentcurrentviewing
OLRC release point
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".
▸ what changed
Source credit
Pub. L. 113–235, div. L, §102(a), Dec. 16, 2014, 128 Stat. 2767.
Sep 19, 2014 – Dec 16, 2014
OLRC release point
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".
changes vs current →
Source credit
Pub. L. 113–164, §148(a), Sept. 19, 2014, 128 Stat. 1874
Jan 17, 2014 – Sep 19, 2014
Amended · full text not held
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".
Source credit
Pub. L. 113–76, div. L, title I, §119E(a), Jan. 17, 2014, 128 Stat. 582
Oct 17, 2013 – Jan 17, 2014
OLRC release point
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".
▸ what changed changes vs current →
Source credit
Pub. L. 113–46, div. A, §152, Oct. 17, 2013, 127 Stat. 565
Feb 14, 2012 – Oct 17, 2013
Annual edition
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".
changes vs current →
Source credit
Pub. L. 112–95, title VII, §701, Feb. 14, 2012, 126 Stat. 118
Jan 31, 2012 – Feb 14, 2012
Amended · full text not held
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".
Source credit
Pub. L. 112–91, §5(c), Jan. 31, 2012, 126 Stat. 4
Sep 16, 2011 – Jan 31, 2012
Annual edition
Subsec. (f)(1). Pub. L. 112–30 substituted "January 31, 2012," for "September 16, 2011," and "April 30, 2012," for "December 31, 2011,".
changes vs current →
Source credit
Pub. L. 112–30, title II, §205(c), Sept. 16, 2011, 125 Stat. 358
Aug 5, 2011 – Sep 16, 2011
Amended · full text not held
Subsec. (f)(1). Pub. L. 112–30 substituted "January 31, 2012," for "September 16, 2011," and "April 30, 2012," for "December 31, 2011,".
Source credit
Pub. L. 112–27, §5(b), Aug. 5, 2011, 125 Stat. 271
Jun 29, 2011 – Aug 5, 2011
Amended · full text not held
Subsec. (f)(1). Pub. L. 112–30 substituted "January 31, 2012," for "September 16, 2011," and "April 30, 2012," for "December 31, 2011,".
Source credit
Pub. L. 112–21, §5(b), June 29, 2011, 125 Stat. 234
May 31, 2011 – Jun 29, 2011
Amended · full text not held
Subsec. (f)(1). Pub. L. 112–30 substituted "January 31, 2012," for "September 16, 2011," and "April 30, 2012," for "December 31, 2011,".
Source credit
Pub. L. 112–16, §5(b), May 31, 2011, 125 Stat. 219
Mar 31, 2011 – May 31, 2011
Amended · full text not held
Subsec. (f)(1). Pub. L. 112–30 substituted "January 31, 2012," for "September 16, 2011," and "April 30, 2012," for "December 31, 2011,".
Source credit
Pub. L. 112–7, §5(b), Mar. 31, 2011, 125 Stat. 32
Dec 22, 2010 – Mar 31, 2011
Annual edition
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,".
changes vs current →
Source credit
Pub. L. 111–329, §5(b), Dec. 22, 2010, 124 Stat. 3567
Sep 30, 2010 – Dec 22, 2010
Amended · full text not held
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,".
Source credit
Pub. L. 111–249, §5(c), Sept. 30, 2010, 124 Stat. 2628
Aug 1, 2010 – Sep 30, 2010
Amended · full text not held
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,".
Source credit
Pub. L. 111–216, title I, §104(b), Aug. 1, 2010, 124 Stat. 2349
Jul 2, 2010 – Aug 1, 2010
Amended · full text not held
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,".
Source credit
Pub. L. 111–197, §5(b), July 2, 2010, 124 Stat. 1354
Apr 30, 2010 – Jul 2, 2010
Amended · full text not held
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,".
Source credit
Pub. L. 111–161, §5(b), Apr. 30, 2010, 124 Stat. 1127
Mar 31, 2010 – Apr 30, 2010
Amended · full text not held
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,".
Source credit
Pub. L. 111–153, §5(b), Mar. 31, 2010, 124 Stat. 1085
Dec 16, 2009 – Mar 31, 2010
Annual edition
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.
changes vs current →
Source credit
Pub. L. 111–116, §5(b), Dec. 16, 2009, 123 Stat. 3032
Oct 1, 2009 – Dec 16, 2009
Amended · full text not held
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.
Source credit
Pub. L. 111–69, §5(c), Oct. 1, 2009, 123 Stat. 2055
Mar 30, 2009 – Oct 1, 2009
Amended · full text not held
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.
Source credit
Pub. L. 111–12, §5(b), Mar. 30, 2009, 123 Stat. 1458
Sep 30, 2008 – Mar 30, 2009
Annual edition
Subsec. (f)(1). Pub. L. 110–330 substituted "March 31, 2009," for "November 30, 2008," and "May 31, 2009," for "December 31, 2008,".
changes vs current →
Source credit
Pub. L. 110–330, §5(c), Sept. 30, 2008, 122 Stat. 3718
Jun 30, 2008 – Sep 30, 2008
Amended · full text not held
Subsec. (f)(1). Pub. L. 110–330 substituted "March 31, 2009," for "November 30, 2008," and "May 31, 2009," for "December 31, 2008,".
Source credit
Pub. L. 110–253, §3(c)(6), June 30, 2008, 122 Stat. 2418
Dec 26, 2007 – Jun 30, 2008
Annual edition
Subsec. (f)(1). Pub. L. 110–161 substituted "2008" for "2006" in two places.
▸ what changed changes vs current →
Source credit
Pub. L. 110–161, div. K, title I, §114(a), Dec. 26, 2007, 121 Stat. 2381
Nov 30, 2005 – Dec 26, 2007
Annual edition
Subsec. (f)(1). Pub. L. 109–115 substituted "2006" for "2005" in two places.
▸ what changed changes vs current →
Source credit
Pub. L. 109–115, div. A, title I, §108(a), Nov. 30, 2005, 119 Stat. 2402
Dec 8, 2004 – Nov 30, 2005
Annual edition
Subsec. (f)(1). Pub. L. 108–447 substituted "2005" for "2004" in two places.
▸ what changed changes vs current →
Source credit
Pub. L. 108–447, div. H, title I, §106(a), Dec. 8, 2004, 118 Stat. 3204
Dec 12, 2003 – Dec 8, 2004
Annual edition
Subsec. (f)(1). Pub. L. 108–11, substituted "2004" for "2003" in two places.
changes vs current →
Source credit
Pub. L. 108–176, title I, §106(a)(1), Dec. 12, 2003, 117 Stat. 2498
Apr 16, 2003 – Dec 12, 2003
Amended · full text not held
Subsec. (f)(1). Pub. L. 108–11, substituted "2004" for "2003" in two places.
Source credit
Pub. L. 108–11, title IV, §4001(a), Apr. 16, 2003, 117 Stat. 606
Nov 25, 2002 – Apr 16, 2003
Annual edition
Subsec. (f). Pub. L. 107–296 added subsec. (f).
▸ what changed changes vs current →
Source credit
Pub. L. 107–296, title XII, §1202, Nov. 25, 2002, 116 Stat. 2286
Sep 22, 2001 – Nov 25, 2002
Annual edition
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:
▸ what changed changes vs current →
Source credit
Pub. L. 107–42, title II, §201(a), Sept. 22, 2001, 115 Stat. 234
Dec 2, 1997 – Sep 22, 2001
Annual edition
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."
▸ what changed changes vs current →
Source credit
Pub. L. 105–137, §2(a), Dec. 2, 1997, 111 Stat. 2640
Jul 5, 1994 – Dec 2, 1997
Annual edition
changes vs current →
Source credit
Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1168

See all changes since 1994 → current

Every enactment and amendment in this section's credit is listed. Full text is shown for versions back to 1994; earlier amendments are recorded by date and act, without pre-1994 full text.

Practice areas using this title

Aviation Accident Litigation Helicopter Crash Law Mass Transit Accident Litigation Transportation Law Truck Accident Litigation

Part of

Interstate Commerce Act of 1887 (ICA)
First federal regulatory statute. Created the Interstate Commerce Commission to regulate railroads. Commission was abolished in 1995; jurisdiction transferred to the Surface Transportation Board.
49 U.S.C. (substantially superseded by ICC Termination Act of 1995)