INSURANCE-49 USC § 44303 - Coverage | Title 49 - Transportation | U.S. Code | LII / Legal Information Institute

Source

(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.)Historical and Revision NotesRevised SectionSource (U.S. Code)Source (Statutes at Large)

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”.

Codification

The text of section 201(b)(2) ofPub. 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),Sept. 22, 2001, 115 Stat. 235, formerly included in a note set out under section 40101 of this title.

Amendments

2011—Subsec. (b). Pub. L. 112–30substituted “April 30, 2012,” for “December 31, 2011,”.Pub. L. 112–27substituted “December 31, 2011,” for “October 31, 2011,”.Pub. L. 112–21substituted “October 31, 2011,” for “September 30, 2011,”.Pub. L. 112–16substituted “September 30, 2011,” for “August 31, 2011,”.Pub. L. 112–7substituted “August 31, 2011,” for “June 30, 2011,”.2010—Subsec. (b). Pub. L. 111–329substituted “June 30, 2011,” for “March 31, 2011,”.Pub. L. 111–249substituted “March 31, 2011,” for “December 31, 2010,”.Pub. L. 111–216substituted “December 31, 2010,” for “October 31, 2010,”.Pub. L. 111–197substituted “October 31, 2010,” for “September 30, 2010,”.Pub. L. 111–161substituted “September 30, 2010,” for “July 31, 2010,”.Pub. L. 111–153substituted “July 31, 2010,” for “June 30, 2010,”.2009—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.Pub. L. 111–116substituted “June 30, 2010,” for “March 31, 2010,”.Pub. L. 111–69substituted “March 31, 2010,” for “December 31, 2009,”.Pub. L. 111–12substituted “December 31, 2009,” for “May 31, 2009,”.2008—Subsec. (b). Pub. L. 110–330substituted “May 31, 2009,” for “March 31, 2009,”.Pub. L. 110–253substituted “March 31, 2009” for “December 31, 2008”.2007—Subsec. (b). Pub. L. 110–161substituted “2008,” for “2006,”.2005—Subsec. (b). Pub. L. 109–115substituted “2006” for “2005”.2004—Subsec. (b). Pub. L. 108–447substituted “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. 108–11substituted “2004” for “2003”.2002—Pub. L. 107–296designated existing provisions as subsec. (a), inserted heading, transferred and redesignated the text of section 201(b)(2) ofPub. L. 107–42so 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.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”.

Effective Date of 2011 Amendment

Amendment by Pub. L. 112–27effective July 23, 2011, see section 5(j) ofPub. L. 112–27, set out as a note under section 40117 of this title.Amendment by Pub. L. 112–21effective July 1, 2011, see section 5(j) ofPub. L. 112–21, set out as a note under section 40117 of this title.Amendment by Pub. L. 112–16effective June 1, 2011, see section 5(j) ofPub. L. 112–16, set out as a note under section 40117 of this title.Amendment by Pub. L. 112–7effective Apr. 1, 2011, see section 5(j) ofPub. L. 112–7, set out as a note under section 40117 of this title.

Effective Date of 2010 Amendment

Amendment by Pub. L. 111–329effective Jan. 1, 2011, see section 5(j) ofPub. L. 111–329, set out as a note under section 40117 of this title.Amendment by Pub. L. 111–249effective Oct. 1, 2010, see section 5(l) ofPub. L. 111–249, set out as a note under section 40117 of this title.Amendment by Pub. L. 111–216effective Aug. 2, 2010, see section 104(j) ofPub. L. 111–216, set out as a note under section 40117 of this title.Amendment by Pub. L. 111–197effective July 4, 2010, see section 5(j) ofPub. L. 111–197, set out as a note under section 40117 of this title.Amendment by Pub. L. 111–161effective May 1, 2010, see section 5(j) ofPub. L. 111–161, set out as a note under section 40117 of this title.Amendment by Pub. L. 111–153effective Apr. 1, 2010, see section 5(j) ofPub. L. 111–153, set out as a note under section 40117 of this title.

Effective Date of 2009 Amendment

Amendment by Pub. L. 111–116effective Jan. 1, 2010, see section 5(j) ofPub. L. 111–116, set out as a note under section 40117 of this title.Amendment by Pub. L. 111–12effective Apr. 1, 2009, see section 5(j) ofPub. L. 111–12, set out as a note under section 40117 of this title.

Effective Date of 2008 Amendment

Amendment by Pub. L. 110–330effective Oct. 1, 2008, see section 5(l) ofPub. L. 110–330, set out as a note under section 40117 of this title.Amendment by Pub. L. 110–253effective July 1, 2008, see section 3(d) ofPub. 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. 108–176applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 ofPub. L. 108–176, set out as a note under section 106 of this title.

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–296effective 60 days after Nov. 25, 2002, see section 4 ofPub. 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,Feb. 15, 2007, 121 Stat. 48, provided that subsec. (b) of this section would be applied by substituting “September 30, 2007” for “December 31, 2006”.