
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC44309]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                           subpart iii--safety
 
                         CHAPTER 443--INSURANCE
 
Sec. 44309. Civil actions

    (a) Losses.--
        (1) Actions against united states.--A person may bring a civil 
    action in a district court of the United States or in the United 
    States Court of Federal Claims against the United States Government 
    when--
            (A) a loss insured under this chapter is in dispute; or
            (B)(i) the person is subrogated under a contract between the 
        person and a party insured under this chapter (other than 
        section 44305(b)) to the rights of the insured party against the 
        United States Government; and
            (ii) the person has paid to the insured party, with the 
        approval of the Secretary of Transportation, an amount for a 
        physical damage loss that the Secretary has determined is a loss 
        covered by insurance issued under this chapter (other than 
        section 44305(b)).

        (2) Limitation.--A civil action involving the same matter 
    (except the action authorized by this subsection) may not be brought 
    against an agent, officer, or employee of the Government carrying 
    out this chapter.
        (3) Procedure.--To the extent applicable, the procedure in an 
    action brought under section 1346(a)(2) of title 28, United States 
    Code, applies to an action under this subsection.

    (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 administratively 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 insurance 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.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1172; Pub. L. 105-
277, div. C, title I, Sec. 110(c)(1), Oct. 21, 1998, 112 Stat. 2681-
587.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
44309(a)..............................  49 App.:1540 (1st sentence less  Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                         19th-70th words, 3d sentence).   1310,
 72 Stat. 805.
44309(b)(1)...........................  49 App.:1540 (1st sentence 19th-
                                         70th words, 2d sentence).
44309(b)(2)...........................  49 App.:1540 (4th sentence).
44309(c)..............................  49 App.:1540 (last sentence).
44309(d)..............................  49 App.:1540 (5th-8th
                                         sentences).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``A person may bring'' are substituted 
for ``may be maintained'' for clarity. The words ``a civil action'' are 
substituted for ``suit'' because of rule 2 of the Federal Rules of Civil 
Procedure (28 App. U.S.C.). The words ``A civil action . . . (except the 
action authorized by this subsection) may not be brought'' are 
substituted for ``and this remedy shall be exclusive of any other 
action'', and the words ``involving the'' are substituted for ``by 
reason of'', for clarity. The words ``carrying out this chapter'' are 
substituted for ``employed or retained under this subchapter'', and the 
words ``in an action'' are substituted for ``for suits in the district 
courts'', for consistency. The words ``applies to'' are substituted for 
``shall otherwise be the same as that provided for'' to eliminate 
unnecessary words. The words ``an action under this subsection'' are 
substituted for ``such suits'' for consistency.
    In subsection (b)(1), the words ``A civil action under subsection 
(a) of this section may be brought'' are added for clarity. The words 
``the plaintiff or the agent of the plaintiff resides'' are substituted 
for ``the claimant or his agent resides'' for consistency in the revised 
title. The words ``if the plaintiff resides in the United States'' are 
added for clarity. The words ``notwithstanding the amount of the claim'' 
are omitted as obsolete because jurisdiction under 28:1331 no longer 
depends on the amount of the claim. The words ``and any provision of 
existing law as to the jurisdiction of United States district courts'' 
are omitted as obsolete.
    In subsection (b)(2), the words ``interested person'' are 
substituted for ``All persons having or claiming or who might have an 
interest in such insurance'' to eliminate unnecessary words. The word 
``either'' is omitted as surplus. The words ``to a civil action brought 
under subsection (a) of this section'' are added for clarity.
    In subsection (c), the words ``during which, under section 2401 of 
title 28, a civil action must be brought under subsection (a) of this 
section'' are substituted for ``within which suits may be commenced 
contained in section 2401 of title 28 providing for bringing of suits 
against the United States'' for clarity. The words ``from such time of 
filing'' are omitted as surplus. The words ``60 days after the Secretary 
of Transportation denies the claim'' are substituted for ``the claim 
shall have been administratively denied by the Secretary and for sixty 
days thereafter'' for clarity.
    In subsection (d)(1), the words ``a civil action of interpleader'' 
are substituted for ``an action in the nature of a bill of 
interpleader'' because of the Federal Rules of Civil Procedure (28 App. 
U.S.C.). The words ``persons that may be entitled to payment'' are 
substituted for ``such parties'' for clarity.
    In subsection (d)(2), the words ``in which the action is brought'' 
are added for clarity. The words ``The order shall be'' are added 
because of the restatement. The words ``the court may order service on 
that person'' are substituted for ``it may direct service upon such 
persons unknown'' as being more precise.
    In subsection (d)(3), the words ``in a civil action under this 
subsection'' are substituted for ``in any such suit'' for clarity.


                               Amendments

    1998--Subsec. (a). Pub. L. 105-277 amended heading and text of 
subsec. (a) generally. Prior to amendment, text read as follows: ``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 authorized 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 
subsection.''
