H. R. 1758—418
(A) the United States Government; or
(B) a State, the District of Columbia, a territory or
possession of the United States, or a political subdivision
of a State, territory, or possession.
(b) DUTY TO DEFINE CERTAIN TERM.—In carrying out subsection
(a)(1)(C) of this section, the Secretary of Transportation shall define
‘‘based and primarily used in the United States’’.
§ 44103. Registration of aircraft
(a) GENERAL.—(1) On application of the owner of an aircraft
that meets the requirements of section 44102 of this title, the
Administrator of the Federal Aviation Administration shall—
(A) register the aircraft; and
(B) issue a certificate of registration to its owner.
(2) The Administrator may prescribe the extent to which an
aircraft owned by the holder of a dealer’s certificate of registration
issued under section 44104(2) of this title also is registered under
this section.
(b) CONTROLLED SUBSTANCE VIOLATIONS.—(1) The Adminis-
trator may not issue an owner’s certificate of registration under
subsection (a)(1) of this section to a person whose certificate is
revoked under section 44106 of this title during the 5-year period
beginning on the date of the revocation, except—
(A) as provided in section 44106(e)(2) of this title; or
(B) that the Administrator may issue the certificate to
the person after the one-year period beginning on the date
of the revocation if the Administrator decides that the aircraft
otherwise meets the requirements of section 44102 of this title
and that denial of a certificate for the 5-year period—
(i) would be excessive considering the nature of the
offense or the act committed and the burden the denial
places on the person; or
(ii) would not be in the public interest.
(2) A decision of the Administrator under paragraph (1)(B)(i)
or (ii) of this subsection is within the discretion of the Administrator.
That decision or failure to make a decision is not subject to adminis-
trative or judicial review.
(c) CERTIFICATES AS EVIDENCE.—A certificate of registration
issued under this section is—
(1) conclusive evidence of the nationality of an aircraft
for international purposes, but not conclusive evidence in a
proceeding under the laws of the United States; and
(2) not evidence of ownership of an aircraft in a proceeding
in which ownership is or may be in issue.
(d) CERTIFICATES AVAILABLE FOR INSPECTION.—An operator of
an aircraft shall make available for inspection a certificate of reg-
istration for the aircraft when requested by a United States Govern-
ment, State, or local law enforcement officer.
§ 44104. Registration of aircraft components and dealers’
certificates of registration
The Administrator of the Federal Aviation Administration may
prescribe regulations—
(1) in the interest of safety for registering and identifying
an aircraft engine, propeller, or appliance; and
(2) in the public interest for issuing, suspending, and revok-
ing a dealer’s certificate of registration under this chapter
H. R. 1758—419
and for its use by a person manufacturing, distributing, or
selling aircraft.
§ 44105. Suspension and revocation of aircraft certificates
The Administrator of the Federal Aviation Administration may
suspend or revoke a certificate of registration issued under section
44103 of this title when the aircraft no longer meets the require-
ments of section 44102 of this title.
§ 44106. Revocation of aircraft certificates for controlled
substance violations
(a) DEFINITION.—In this section, ‘‘controlled substance’’ has the
same meaning given that term in section 102 of the Comprehensive
Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802).
(b) REVOCATIONS.—(1) The Administrator of the Federal Avia-
tion Administration shall issue an order revoking the certificate
of registration for an aircraft issued to an owner under section
44103 of this title and any other certificate of registration that
the owner of the aircraft holds under section 44103, if the Adminis-
trator finds that—
(A) the aircraft was used to carry out, or facilitate, an
activity that is punishable by death or imprisonment for more
than one year under a law of the United States or a State
related to a controlled substance (except a law related to simple
possession of a controlled substance); and
(B) the owner of the aircraft permitted the use of the
aircraft knowing that the aircraft was to be used for the activity
described in clause (A) of this paragraph.
(2) An aircraft owner that is not an individual is deemed
to have permitted the use of the aircraft knowing that the aircraft
was to be used for the activity described in paragraph (1)(A) of
this subsection only if a majority of the individuals who control
the owner of the aircraft or who are involved in forming the major
policy of the owner permitted the use of the aircraft knowing
that the aircraft was to be used for the activity described in para-
graph (1)(A).
(c) ADVICE TO HOLDERS AND OPPORTUNITY TO ANSWER.—Before
the Administrator revokes a certificate under subsection (b) of this
section, the Administrator shall—
(1) advise the holder of the certificate of the charges or
reasons on which the Administrator bases the proposed action;
and
(2) provide the holder of the certificate an opportunity
to answer the charges and state why the certificate should
not be revoked.
(d) APPEALS.—(1) A person whose certificate is revoked by
the Administrator under subsection (b) of this section may appeal
the revocation order to the National Transportation Safety Board.
The Board shall affirm or reverse the order after providing notice
and a hearing on the record. In conducting the hearing, the Board
is not bound by the findings of fact of the Administrator.
(2) When a person files an appeal with the Board under this
subsection, the order of the Administrator revoking the certificate
is stayed. However, if the Administrator advises the Board that
safety in air transportation or air commerce requires the immediate
effectiveness of the order—
(A) the order remains effective; and
H. R. 1758—420
(B) the Board shall dispose of the appeal not later than
60 days after notification by the Administrator under this para-
graph.
(3) A person substantially affected by an order of the Board
under this subsection may seek judicial review of the order under
section 46110 of this title. The Administrator shall be made a
party to that judicial proceeding.
(e) ACQUITTAL.—(1) The Administrator may not revoke, and
the Board may not affirm a revocation of, a certificate of registration
under this section on the basis of an activity described in subsection
(b)(1)(A) of this section if the holder of the certificate is acquitted
of all charges related to a controlled substance in an indictment
or information arising from the activity.
(2) If the Administrator has revoked a certificate of registration
of a person under this section because of an activity described
in subsection (b)(1)(A) of this section, the Administrator shall
reissue a certificate to the person if the person—
(A) subsequently is acquitted of all charges related to a
controlled substance in an indictment or information arising
from the activity; and
(B) otherwise meets the requirements of section 44102
of this title.
§ 44107. Recordation of conveyances, leases, and security
instruments
(a) ESTABLISHMENT OF SYSTEM.—The Administrator of the Fed-
eral Aviation Administration shall establish a system for record-
ing—
(1) conveyances that affect an interest in civil aircraft
of the United States;
(2) leases and instruments executed for security purposes,
including conditional sales contracts, assignments, and amend-
ments, that affect an interest in—
(A) a specifically identified aircraft engine having at
least 750 rated takeoff horsepower or its equivalent;
(B) a specifically identified aircraft propeller capable
of absorbing at least 750 rated takeoff shaft horsepower;
(C) an aircraft engine, propeller, or appliance main-
tained for installation or use in an aircraft, aircraft engine,
or propeller, by or for an air carrier holding a certificate
issued under section 44705 of this title; and
(D) spare parts maintained by or for an air carrier
holding a certificate issued under section 44705 of this
title; and
(3) releases, cancellations, discharges, and satisfactions
related to a conveyance, lease, or instrument recorded under
clause (1) or (2) of this subsection.
(b) GENERAL DESCRIPTION REQUIRED.—A lease or instrument
recorded under subsection (a)(2)(C) or (D) of this section only has
to describe generally the engine, propeller, appliance, or spare part
by type and designate its location.
(c) ACKNOWLEDGMENT.—Except as the Administrator otherwise
may provide, a conveyance, lease, or instrument may be recorded
under subsection (a) of this section only after it has been acknowl-
edged before—
(1) a notary public; or
H. R. 1758—421
(2) another officer authorized under the laws of the United
States, a State, the District of Columbia, or a territory or
possession of the United States to acknowledge deeds.
(d) RECORDS AND INDEXES.—The Administrator shall—
(1) keep a record of the time and date that each conveyance,
lease, and instrument is filed and recorded with the Adminis-
trator; and
(2) record each conveyance, lease, and instrument filed
with the Administrator, in the order of their receipt, and index
them by—
(A) the identifying description of the aircraft, aircraft
engine, or propeller, or location specified in a lease or
instrument recorded under subsection (a)(2)(C) or (D) of
this section; and
(B) the names of the parties to each conveyance, lease,
and instrument.
§ 44108. Validity 
of 
conveyances, 
leases, 
and 
security
instruments
(a) VALIDITY BEFORE FILING.—Until a conveyance, lease, or
instrument executed for security purposes that may be recorded
under section 44107(a)(1) or (2) of this title is filed for recording,
the conveyance, lease, or instrument is valid only against—
(1) the person making the conveyance, lease, or instrument;
(2) that person’s heirs and devisees; and
(3) a person having actual notice of the conveyance, lease,
or instrument.
(b) PERIOD
OF
VALIDITY.—When a conveyance, lease, or
instrument is recorded under section 44107 of this title, the convey-
ance, lease, or instrument is valid from the date of filing against
all persons, without other recordation, except that—
(1) 
a 
lease 
or 
instrument 
recorded 
under 
section
44107(a)(2)(A) or (B) of this title is valid for a specifically
identified engine or propeller without regard to a lease or
instrument previously or subsequently recorded under section
44107(a)(2)(C) or (D); and
(2) 
a 
lease 
or 
instrument 
recorded 
under 
section
44107(a)(2)(C) or (D) of this title is valid only for items at
the location designated in the lease or instrument.
(c) APPLICABLE LAWS.—(1) The validity of a conveyance, lease,
or instrument that may be recorded under section 44107 of this
title is subject to the laws of the State, the District of Columbia,
or the territory or possession of the United States at which the
conveyance, lease, or instrument is delivered, regardless of the
place at which the subject of the conveyance, lease, or instrument
is located or delivered. If the conveyance, lease, or instrument
specifies the place at which delivery is intended, it is presumed
that the conveyance, lease, or instrument was delivered at the
specified place.
(2) This subsection does not take precedence over the Conven-
tion on the International Recognition of Rights in Aircraft (4 U.S.T.
1830).
(d) NONAPPLICATION.—This section does not apply to—
(1) a conveyance described in section 44107(a)(1) of this
title that was made before August 22, 1938; or
(2) a lease or instrument described in section 44107(a)(2)
of this title that was made before June 20, 1948.
H. R. 1758—422
§ 44109. Reporting transfer of ownership
(a) FILING NOTICES.—A person having an ownership interest
in an aircraft for which a certificate of registration was issued
under section 44103 of this title shall file a notice with the Secretary
of the Treasury that the Secretary requires by regulation, not
later than 15 days after a sale, conditional sale, transfer, or convey-
ance of the interest.
(b) EXEMPTIONS.—The Secretary—
(1) shall prescribe regulations that establish guidelines for
exempting a person or class from subsection (a) of this section;
and
(2) may exempt a person or class under the regulations.
§ 44110. Information about aircraft ownership and rights
The Administrator of the Federal Aviation Administration may
provide by regulation for—
(1) endorsing information on each certificate of registration
issued under section 44103 of this title and each certificate
issued under section 44704 of this title about ownership of
the aircraft for which each certificate is issued; and
(2) recording transactions affecting an interest in, and for
other records, proceedings, and details necessary to decide the
rights of a party related to, a civil aircraft of the United
States, aircraft engine, propeller, appliance, or spare part.
§ 44111. Modifications in registration and recordation sys-
tem for aircraft not providing air transportation
(a) APPLICATION.—This section applies only to aircraft not used
to provide air transportation.
(b) AUTHORITY TO MAKE MODIFICATIONS.—The Administrator
of the Federal Aviation Administration shall make modifications
in the system for registering and recording aircraft necessary to
make the system more effective in serving the needs of—
(1) buyers and sellers of aircraft;
(2) officials responsible for enforcing laws related to the
regulation of controlled substances (as defined in section 102
of the Comprehensive Drug Abuse Prevention and Control Act
of 1970 (21 U.S.C. 802)); and
(3) other users of the system.
(c) NATURE OF MODIFICATIONS.—Modifications made under sub-
section (b) of this section—
(1) may include a system of titling aircraft or registering
all aircraft, even aircraft not operated;
(2) shall ensure positive, verifiable, and timely identifica-
tion of the true owner; and
(3) shall address at least each of the following deficiencies
in and abuses of the existing system:
(A) the registration of aircraft to fictitious persons.
(B) the use of false or nonexistent addresses by persons
registering aircraft.
(C) the use by a person registering an aircraft of a
post office box or ‘‘mail drop’’ as a return address to evade
identification of the person’s address.
(D) the registration of aircraft to entities established
to facilitate unlawful activities.
(E) the submission of names of individuals on applica-
tions for registration of aircraft that are not identifiable.
H. R. 1758—423
(F) the ability to make frequent legal changes in the
registration markings assigned to aircraft.
(G) the use of false registration markings on aircraft.
(H) the illegal use of ‘‘reserved’’ registration markings
on aircraft.
(I) the large number of aircraft classified as being
in ‘‘self-reported status’’.
(J) the lack of a system to ensure timely and adequate
notice of the transfer of ownership of aircraft.
(K) the practice of allowing temporary operation and
navigation of aircraft without the issuance of a certificate
of registration.
(d) REGULATIONS.—(1) The Administrator of the Federal Avia-
tion Administration shall prescribe regulations to carry out this
section and provide a written explanation of how the regulations
address each of the deficiencies and abuses described in subsection
(c) of this section. In prescribing the regulations, the Administrator
of the Federal Aviation Administration shall consult with the
Administrator of Drug Enforcement, the Commissioner of Customs,
other law enforcement officials of the United States Government,
representatives of State and local law enforcement officials, rep-
resentatives of the general aviation aircraft industry, representa-
tives of users of general aviation aircraft, and other interested
persons.
(2) Regulations prescribed under this subsection shall require
that—
(A) each individual listed in an application for registration
of an aircraft provide with the application the individual’s
driver’s license number; and
(B) each person (not an individual) listed in an application
for registration of an aircraft provide with the application the
person’s taxpayer identifying number.
§ 44112. Limitation of liability
(a) DEFINITIONS.—In this section—
(1) ‘‘lessor’’ means a person leasing for at least 30 days
a civil aircraft, aircraft engine, or propeller.
(2) ‘‘owner’’ means a person that owns a civil aircraft,
aircraft engine, or propeller.
(3) ‘‘secured party’’ means a person having a security
interest in, or security title to, a civil aircraft, aircraft engine,
or propeller under a conditional sales contract, equipment trust
contract, chattel or corporate mortgage, or similar instrument.
(b) LIABILITY.—A lessor, owner, or secured party is liable for
personal injury, death, or property loss or damage on land or
water only when a civil aircraft, aircraft engine, or propeller is
in the actual possession or control of the lessor, owner, or secured
party, and the personal injury, death, or property loss or damage
occurs because of—
(1) the aircraft, engine, or propeller; or
(2) the flight of, or an object falling from, the aircraft,
engine, or propeller.
CHAPTER 443—INSURANCE
Sec.
44301.
Definitions.
44302.
General authority.
H. R. 1758—424
44303.
Coverage.
44304.
Reinsurance.
44305.
Insuring United States Government property.
44306.
Premiums and limitations on coverage and claims.
44307.
Revolving fund.
44308.
Administrative.
44309.
Civil actions.
44310.
Ending effective date.
§ 44301. Definitions
In this chapter—
(1) ‘‘American aircraft’’ means—
(A) a civil aircraft of the United States; and
(B) an aircraft owned or chartered by, or made avail-
able to—
(i) the United States Government; or
(ii) a State, the District of Columbia, a territory
or possession of the United States, or a political sub-
division of the State, territory, or possession.
(2) ‘‘insurance carrier’’ means a person authorized to do
aviation insurance business in a State, including a mutual
or stock insurance company and a reciprocal insurance associa-
tion.
§ 44302. General authority
(a) INSURANCE AND REINSURANCE.—(1) Subject to subsection
(b) 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—
(A) in foreign air commerce; or
(B) between at least 2 places, all of which are outside
the United States.
(2) An aircraft may be insured or reinsured for not more than
its reasonable value as determined by the Secretary. 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) PRESIDENTIAL APPROVAL.—The Secretary may provide insur-
ance or reinsurance under subsection (a) of this section only with
the approval of the President. The President may approve the
insurance or reinsurance only after deciding that the continued
operation of the American aircraft or foreign-flag aircraft to be
insured or reinsured is necessary to carry out the foreign policy
of the United States Government.
(c) CONSULTATION.—The President may require the Secretary
to consult with interested departments, agencies, and instrumental-
ities of the Government before providing insurance or reinsurance
under this chapter.
(d) ADDITIONAL INSURANCE.—With the approval of the Sec-
retary, 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 subsec tion
does not prevent the Secretary from making contracts of
coinsurance.
H. R. 1758—425
§ 44303. Coverage
The Secretary of Transportation may provide insurance and
reinsurance 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 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.
§ 44304. Reinsurance
(a) GENERAL AUTHORITY.—To the extent the Secretary of
Transportation is authorized to provide insurance under this chap-
ter, the Secretary may reinsure any part of the insurance provided
by an insurance carrier. The Secretary may reinsure with, transfer
to, or transfer back to, the carrier any insurance or reinsurance
provided by the Secretary under this chapter.
(b) PREMIUM LEVELS.—The Secretary may provide reinsurance
at premiums not less than, or obtain reinsurance at premiums
not higher than, the premiums the Secretary establishes on similar
risks or the premiums the insurance carrier charges for the insur-
ance to be reinsured by the Secretary, whichever is most advan-
tageous to the Secretary. However, the Secretary may make allow-
ances to the insurance carrier for expenses incurred in providing
services and facilities that the Secretary considers good business
H. R. 1758—426
practice, except for payments by the carrier for the stimulation
or solicitation of insurance business.
§ 44305. Insuring United States Government property
(a) GENERAL.—With the approval of the President, a depart-
ment, agency, or instrumentality of the United States Government
may obtain—
(1) insurance under this chapter, including insurance for
risks from operating an aircraft in intrastate or interstate
air commerce, but not including insurance on valuables subject
to sections 1 and 2 of the Government Losses in Shipment
Act (40 U.S.C. 721, 722); and
(2) insurance for risks arising from providing goods or
services directly related to and necessary for operating an air-
craft covered by insurance obtained under clause (1) of this
subsection if the aircraft is operated—
(A) in carrying out a contract of the department,
agency, or instrumentality; or
(B) to transport military forces or materiel on behalf
of the United States under an agreement between the
Government and the government of a foreign country.
(b) PREMIUM
WAIVERS
AND
INDEMNIFICATION.—With the
approval required under subsection (a) of this section, the Secretary
of Transportation may provide the insurance without premium at
the request of the Secretary of Defense or the head of a department,
agency, or instrumentality designated by the President when the
Secretary of Defense or the designated head agrees to indemnify
the Secretary of Transportation against all losses covered by the
insurance. The Secretary of Defense and any designated head may
make indemnity agreements with the Secretary of Transportation
under this section.
§ 44306. Premiums and limitations on coverage and claims
(a) PREMIUMS BASED ON RISK.—To the extent practical, the
premium charged for insurance or reinsurance under this chapter
shall be based on consideration of the risk involved.
(b) TIME LIMITS.—The Secretary of Transportation may provide
insurance and reinsurance under this chapter for a period of not
more than 60 days. The period may be extended for additional
periods of not more than 60 days each only if the President decides,
before each additional period, that the continued operation of the
aircraft to be insured or reinsured is necessary to carry out the
foreign policy of the United States Government.
(c) MAXIMUM INSURED AMOUNT.—The insurance policy on an
aircraft insured or reinsured under this chapter shall specify a
stated amount that is not more than the value of the aircraft,
as determined by the Secretary. A claim under the policy may
not be paid for more than that stated amount.
§ 44307. Revolving fund
(a) 
EXISTENCE, 
DISBURSEMENTS, 
APPROPRIATIONS, 
AND
DEPOSITS.—(1) There is a revolving fund in the Treasury. The
Secretary of the Treasury shall disburse from the fund payments
to carry out this chapter.
(2) Necessary amounts to carry out this chapter may be appro-
priated to the fund. The amounts appropriated and other amounts
H. R. 1758—427
received in carrying out this chapter shall be deposited in the
fund.
(b) INVESTMENT.—On request of the Secretary of Transpor-
tation, the Secretary of the Treasury may invest any part of the
amounts in the revolving fund in interest-bearing securities of
the United States Government. The interest on, and the proceeds
from the sale or redemption of, the securities shall be deposited
in the fund.
(c) EXCESS AMOUNTS.—The balance in the revolving fund in
excess of an amount the Secretary of Transportation determines
is necessary for the requirements of the fund and for reasonable
reserves to maintain the solvency of the fund shall be deposited
at least annually in the Treasury as miscellaneous receipts.
(d) EXPENSES.—The Secretary of Transportation shall deposit
annually an amount in the Treasury as miscellaneous receipts
to cover the expenses the Government incurs when the Secretary
of Transportation uses appropriated amounts in carrying out this
chapter. The deposited amount shall equal an amount determined
by multiplying the average monthly balance of appropriated
amounts retained in the revolving fund by a percentage that is
at least the current average rate payable on marketable obligations
of the Government. The Secretary of the Treasury shall determine
annually in advance the percentage applied.
§ 44308. Administrative
(a) COMMERCIAL PRACTICES.—The Secretary of Transportation
may carry out this chapter consistent with commercial practices
of the aviation insurance business.
(b) ISSUANCE OF POLICIES AND DISPOSITION OF CLAIMS.—(1)
The Secretary may issue insurance policies to carry out this chapter.
The Secretary may prescribe the forms, amounts insured under
the policies, and premiums charged. The Secretary may change
an amount of insurance or a premium for an existing policy only
with the consent of the insured.
(2) For a claim under insurance authorized by this chapter,
the Secretary may—
(A) settle and pay the claim made for or against the United
States Government; and
(B) pay the amount of a judgment entered against the
Government.
(c) UNDERWRITING AGENT.—(1) The Secretary may, and when
practical shall, employ an insurance carrier or group of insurance
carriers to act as an underwriting agent. The Secretary may use
the agent to adjust claims under this chapter, but claims may
be paid only when approved by the Secretary.
(2) The Secretary may pay reasonable compensation to an
underwriting agent for servicing insurance the agent writes for
the Secretary. Compensation may include payment for reasonable
expenses incurred by the agent but may not include a payment
by the agent for stimulation or solicitation of insurance business.
(3) Except as provided by this subsection, the Secretary may
not pay an insurance broker or other person acting in a similar
capacity any consideration for arranging insurance when the Sec-
retary directly insures any part of the risk.
(d) BUDGET.—The Secretary shall submit annually a budget
program for carrying out this chapter as provided for wholly owned
Government corporations under chapter 91 of title 31.
H. R. 1758—428
(e) ACCOUNTS.—The Secretary shall maintain a set of accounts.
The Comptroller General shall audit those accounts under chapter
35 of title 31. Notwithstanding chapter 35, the Comptroller General
shall allow credit for expenditures under this chapter made consist-
ent with commercial practices in the aviation insurance business
when shown to be necessary because of the business activities
authorized by this chapter.
§ 44309. Civil actions
(a) DISPUTED LOSSES.—A person may bring a civil action in
a district court of the United States against the United States
Government when a loss insured under this chapter is in dispute.
A civil action involving the same matter (except the action author-
ized by this subsection) may not be brought against an agent,
officer, or employee of the Government carrying out this chapter.
To the extent applicable, the procedure in an action brought under
section 1346(a)(2) of title 28 applies to an action under this sub-
section.
(b) VENUE AND JOINDER.—(1) A civil action under subsection
(a) of this section may be brought in the judicial district for the
District of Columbia or in the judicial district in which the plaintiff
or the agent of the plaintiff resides if the plaintiff resides in the
United States. If the plaintiff does not reside in the United States,
the action may be brought in the judicial district for the District
of Columbia or in the judicial district in which the Attorney General
agrees to accept service.
(2) An interested person may be joined as a party to a civil
action brought under subsection (a) of this section initially or on
motion of either party to the action.
(c) TIME REQUIREMENTS.—When an insurance claim is made
under this chapter, the period during which, under section 2401
of title 28, a civil action must be brought under subsection (a)
of this section is suspended until 60 days after the Secretary of
Transportation denies the claim. The claim is deemed to be adminis-
tratively denied if the Secretary does not act on the claim not
later than 6 months after filing, unless the Secretary makes a
different agreement with the claimant when there is good cause
for an agreement.
(d) INTERPLEADER.—(1) If the Secretary admits the Government
owes money under an insurance claim under this chapter and
there is a dispute about the person that is entitled to payment,
the Government may bring a civil action of interpleader in a district
court of the United States against the persons that may be entitled
to payment. The action may be brought in the judicial district
for the District of Columbia or in the judicial district in which
any party resides.
(2) The district court may order a party not residing or found
in the judicial district in which the action is brought to appear
in a civil action under this subsection. The order shall be served
in a reasonable manner decided by the district court. If the court
decides an unknown person might assert a claim under the insur-
ance that is the subject of the action, the court may order service
on that person by publication in the Federal Register.
(3) Judgment in a civil action under this subsection discharges
the Government from further liability to the parties to the action
and to all other persons served by publication under paragraph
(2) of this subsection.
H. R. 1758—429
§ 44310. Ending effective date
The authority of the Secretary of Transportation to provide
insurance and reinsurance under this chapter is not effective after
September 30, 1997.
CHAPTER 445—FACILITIES, PERSONNEL, AND
RESEARCH
Sec.
44501.
Plans and policy.
44502.
General facilities and personnel authority.
44503.
Reducing nonessential expenditures.
44504.
Improved aircraft, aircraft engines, propellers, and appliances.
44505.
Systems, procedures, facilities, and devices.
44506.
Air traffic controllers.
44507.
Civil aeromedical research.
44508.
Research advisory committee.
44509.
Demonstration projects.
44510.
Airway science curriculum grants.
44511.
Aviation research grants.
44512.
Catastrophic failure prevention research grants.
44513.
Regional centers of air transportation excellence.
44514.
Flight service stations.
44515.
Advanced training facilities for maintenance technicians for air carrier air-
craft.
§ 44501. Plans and policy
(a) LONG RANGE PLANS
AND POLICY REQUIREMENTS.—The
Administrator of the Federal Aviation Administration shall make
long range plans and policy for the orderly development and use
of the navigable airspace, and the orderly development and location
of air navigation facilities, that will best meet the needs of, and
serve the interests of, civil aeronautics and the national defense,
except for needs of the armed forces that are peculiar to air warfare
and primarily of military concern.
(b) AIRWAY CAPITAL INVESTMENT PLAN.—The Administrator of
the Federal Aviation Administration shall review, revise, and pub-
lish a national airways system plan, known as the Airway Capital
Investment Plan, before the beginning of each fiscal year. The
plan shall set forth—
(1) for a 10-year period, the research, engineering, and
development programs and the facilities and equipment that
the Administrator considers necessary for a system of airways,
air traffic services, and navigation aids that will—
(A) meet the forecasted needs of civil aeronautics;
(B) meet the requirements that the Secretary of
Defense establishes for the support of the national defense;
and
(C) provide the highest degree of safety in air com-
merce;
(2) for the first and 2d years of the plan, detailed annual
estimates of—
(A) the number, type, location, and cost of acquiring,
operating, and maintaining required facilities and services;
(B) the cost of research, engineering, and development
required to improve safety, system capacity, and efficiency;
and
(C) personnel levels required for the activities described
in subclauses (A) and (B) of this clause;
(3) for the 3d, 4th, and 5th years of the plan, estimates
of the total cost of each major program for the 3-year period,
H. R. 1758—430
and additional major research programs, acquisition of systems
and facilities, and changes in personnel levels that may be
required to meet long range objectives and that may have
significant impact on future funding requirements; and
(4) a 10-year investment plan that considers long range
objectives that the Administrator considers necessary to—
(A) ensure that safety is given the highest priority
in providing for a safe and efficient airway system; and
(B) meet the current and projected growth of aviation
and the requirements of interstate commerce, the United
States Postal Service, and the national defense.
(c) NATIONAL AVIATION RESEARCH PLAN.—(1) The Adminis-
trator of the Federal Aviation Administration shall prepare and
publish annually a national aviation research plan and submit
the plan to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Science, Space, and
Technology of the House of Representatives. The plan shall be
submitted not later than the date of submission of the President’s
budget to Congress.
(2)(A) The plan shall describe, for a 15-year period, the research,
engineering, and development that the Administrator of the Federal
Aviation Administration considers necessary—
(i) to ensure the continued capacity, safety, and efficiency
of aviation in the United States, considering emerging tech-
nologies and forecasted needs of civil aeronautics; and
(ii) to provide the highest degree of safety in air travel.
(B) The plan shall cover all research conducted under sections
40119, 44504, 44505, 44507, 44511–44513, and 44912 of this title
and shall identify complementary and coordinated research efforts
that the Administrator of the National Aeronautics and Space
Administration conducts with amounts specifically appropriated to
the Administration. For projects for which the Administrator of
the Federal Aviation Administration anticipates requesting an
appropriation, the plan shall include—
(i) for the first 2 years of the plan, detailed annual esti-
mates of the schedule, cost, and work-force levels for each
research project, including a description of the scope and con-
tent of each major contract, grant, or interagency agreement;
(ii) for the 3d, 4th, and 5th years of the plan, estimates
of the total cost of each major project and any additional major
research projects that may be required to meet long-term objec-
tives and that may have significant impact on future appropria-
tions requirements;
(iii) for the 6th and subsequent years of the plan, the
long-term objectives the Administrator of the Federal Aviation
Administration considers necessary to ensure that aviation
safety will be given the highest priority; and
(iv) details of a program to disseminate to the private
sector the results of aviation research conducted by the
Administrator of the Federal Aviation Administration, including
any new technologies developed.
(3) Subject to section 40119(b) of this title and regulations
prescribed under section 40119(b), the Administrator of the Federal
Aviation Administration shall submit to the committees named
in paragraph (1) of this subsection an annual report on the accom-
plishments of the research completed during the prior fiscal year.
The report shall be submitted with the plan required under para-
H. R. 1758—431
graph (1) and be organized to allow comparison with the plan
in effect for the prior fiscal year.
§ 44502. General facilities and personnel authority
(a) GENERAL AUTHORITY.—(1) The Administrator of the Federal
Aviation Administration may—
(A) acquire, establish, improve, operate, and maintain air
navigation facilities; and
(B) provide facilities and personnel to regulate and protect
air traffic.
(2) The cost of site preparation work associated with acquiring,
establishing, or improving an air navigation facility under para-
graph (1)(A) of this subsection shall be charged to amounts available
for that purpose appropriated under section 48101(a) of this title.
The Secretary of Transportation may make an agreement with
an airport owner or sponsor (as defined in section 47102 of this
title) so that the owner or sponsor will provide the work and
be paid or reimbursed by the Secretary from the appropriated
amounts.
(3) The Secretary of Transportation may authorize a depart-
ment, agency, or instrumentality of the United States Government
to carry out any duty or power under this subsection with the
consent of the head of the department, agency, or instrumentality.
(b) CERTIFICATION
OF
NECESSITY.—Except for Government
money expended under this part or for a military purpose, money
may be expended to acquire, establish, construct, operate, repair,
alter, or maintain an air navigation facility only if the Administrator
of the Federal Aviation Administration certifies in writing that
the facility is reasonably necessary for use in air commerce or
for the national defense. An interested person may apply for a
certificate for a facility to be acquired, established, constructed,
operated, repaired, altered, or maintained by or for the person.
(c) ENSURING CONFORMITY WITH PLANS AND POLICIES.—(1) To
ensure that conformity with plans and policies for, and allocation
of, airspace by the Administrator of the Federal Aviation Adminis-
tration under section 40103(b)(1) of this title, a military airport,
military landing area, or missile or rocket site may be acquired,
established, or constructed, or a runway may be altered substan-
tially, only if the Administrator of the Federal Aviation Administra-
tion is given reasonable prior notice so that the Administrator
of the Federal Aviation Administration may advise the appropriate
committees of Congress and interested departments, agencies, and
instrumentalities of the Government on the effect of the acquisition,
establishment, construction, or alteration on the use of airspace
by aircraft. A disagreement between the Administrator of the Fed-
eral Aviation Administration and the Secretary of Defense or the
Administrator of the National Aeronautics and Space Administra-
tion may be appealed to the President for a final decision.
(2) To ensure conformity, an airport or landing area not involv-
ing the expenditure of Government money may be established or
constructed, or a runway may be altered substantially, only if
the Administrator of the Federal Aviation Administration is given
reasonable prior notice so that the Administrator may provide
advice on the effects of the establishment, construction, or alteration
on the use of airspace by aircraft.
(d) PUBLIC USE AND EMERGENCY ASSISTANCE.—(1) The head
of a department, agency, or instrumentality of the Government