Page:United States Statutes at Large Volume 115 Part 1.djvu/257

 PUBLIC LAW 107-42—SEPT. 22, 2001 115 STAT. 235 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."; (4) in subsection (c) (as so redesignated)— (A) in the first sentence by inserting ", or reimburse an air carrier under subsection (b) of this section," before "only with the approval"; and (B) in the second sentence— (i) by inserting "or the reimbursement" before "only after deciding"; and (ii) by inserting "in the interest of air commerce or national security or" before "to carry out the foreign policy"; and (5) in subsection (d) (as so redesignated) by inserting "or reimbursing an air carrier" before "under this chapter". (b) COVERAGE.— (1) IN GENERAL.— Section 44303 of such title is amended— (A) in the matter preceding paragraph (1) by inserting ", or reimburse insurance costs, as" after "insurance and reinsurance"; and (B) in paragraph (1) by inserting "in the interest of air commerce or national security or" before "to carry out the foreign policy". (2) DISCRETION OF THE SECRETARY.—For acts of terrorism committed on or to an air carrier during the 180-day period following the date of enactment of this Act, the Secretary of Transportation 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 paragraph) under a cause of action arising out of such act. (c) REINSURANCE.— Section 44304 of such title is amended— (1) by striking "(a) GENERAL AUTHORITY. —"; and (2) by striking subsection (b). (d) PREMIUMS.—Section 44306 of such title is amended— 89-194O -03 -9 QL3 Part1

�