§ 44303. Coverage
(a)
In General.—
The Secretary of Transportation may provide insurance and reinsurance, or reimburse insurance costs, as authorized under section
44302 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—
(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.
(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 September 22, 2001, and ending on June 30, 2010, 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.