31 USC 1105 note. 49 USC 47108 note. 49 USC 44903. (2) SUITS BY OR AGAINST FAA.-Any suit by or against the Federal Aviation Administration begun before the date of the enactment of this Act shall be continued, insofar as it involves a function retained and transferred under this Act, with the Transportation Security Administration (to the extent the suit involves functions transferred to the Transportation Security Administration under this Act) substituted for the Federal Aviation Administration. (3) REMANDED CASES.-If the court in a suit described in paragraph (1) remands a case to the Transportation Security Administration, subsequent proceedings related to such case shall proceed in accordance with applicable law and regulations as in effect at the time of such subsequent proceedings. (e) CONTINUANCE OF ACTIONS AGAINST OFFICERS.-No suit, action, or other proceeding commenced by or against any officer in his official capacity as an officer of the Federal Aviation Administration shall abate by reason of the enactment of this Act. No cause of action by or against the Federal Aviation Administration, or by or against any officer thereof in his official capacity, shall abate by reason of the enactment of this Act. (f) EXERCISE OF AUTHORITIES.-Except as otherwise provided by law, an officer or employee of the Transportation Security Administration may, for purposes of performing a function transferred by this Act or the amendments made by this Act, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date of the transfer of the function under this Act. (g) ACT DEFINED.-In this section, the term "Act" includes the amendments made by this Act. SEC. 142. BUDGET SUBMISSIONS. The President's budget submission for fiscal year 2003 and each fiscal year thereafter shall reflect the establishment of the Transportation Security Administration. SEC. 143. LAND ACQUISITION COSTS. In the case of a grant for land acquisition issued to an airport under chapter 471 of title 49, United States Code, prior to January 1, 1995, the Secretary of Transportation may waive the provisions of section 47108 of such title and provide an upward adjustment in the maximum obligation of the United States under that chapter to assist the airport in funding land acquisition costs (and associated eligible costs) that increased as a result of a judicial order. SEC. 144. LIMITATION ON LIABILITY FOR ACTS TO THWART CRIMINAL Section 44903 is amended by adding at the end the following: “(h) LIMITATION ON LIABILITY FOR ACTS TO THWART CRIMINAL VIOLENCE OR AIRCRAFT PIRACY.-An individual shall not be liable for damages in any action brought in a Federal or State court arising out of the acts of the individual in attempting to thwart an act of criminal violence or piracy on an aircraft if that individual reasonably believed that such an act of criminal violence or piracy was occurring or was about to occur.". SEC. 145. AIR CARRIERS REQUIRED TO HONOR TICKETS FOR SUS PENDED SERVICE. (a) IN GENERAL.-Each air carrier that provides scheduled air transportation on a route shall provide, to the extent practicable, air transportation to passengers ticketed for air transportation on that route by any other air carrier that suspends, interrupts, or discontinues air passenger service on the route by reason of insolvency or bankruptcy of the other air carrier. 49 USC 40101 note. (b) PASSENGER OBLIGATION.-An air carrier is not required Deadline. to provide air transportation under subsection (a) to a passenger unless that passenger makes alternative arrangements with the air carrier for such transportation within 60 days after the date on which that passenger's air transportation was suspended, interrupted, or discontinued (without regard to the originally scheduled travel date on the ticket). (c) SUNSET.-This section does not apply to air transportation the suspension, interruption, or discontinuance of which occurs more than 18 months after the date of enactment of this Act. SEC. 146. AIRCRAFT OPERATIONS IN ENHANCED CLASS B AIRSPACE. Upon request of an operator of an aircraft affected by the restrictions imposed under Notice to Airmen FDC 1/0618 issued by the Federal Aviation Administration, or any other notice issued after September 11, 2001, and prior to the date of enactment of this Act that restricts the ability of United States registered aircraft to conduct operations under part 91 of title 14, Code of Federal Regulations, in enhanced class B airspace (as defined by such Notice), such restrictions shall cease to be in effect for the affected class of operator beginning on the 30th day following the request, unless the Secretary of Transportation publishes a notice in the Federal Register before such 30th day reimposing the restriction and explaining the reasons for the restriction. SEC. 147. AVIATION WAR RISK INSURANCE. Section 44306(b) of title 49, United States Code, is amended by striking "60 days" each place it appears and inserting "1 year". TITLE II—LIABILITY LIMITATION SEC. 201. AIR TRANSPORTATION SAFETY AND SYSTEM STABILIZATION (a) RECOVERY OF COLLATERAL SOURCE OBLIGATIONS OF TERRORISTS.-Section 405(c)(3)(B)(i) of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended by striking "obligations." and inserting "obligations, or to a civil action against any person who is a knowing participant in any conspiracy to hijack any aircraft or commit any terrorist act.". (b) EXTENSION OF LIABILITY RELIEF TO AIRCRAFT MANUFACTURERS AND OTHERS.-Section 408 of that Act is amended (1) by striking "air carrier" in the section heading; Federal Register, publication. 49 USC 40101 note. 49 USC 40101 note. 49 USC 40101 note. "(a) IN GENERAL.— “(1) LIABILITY LIMITED TO INSURANCE COVERAGE.-Notwithstanding any other provision of law, liability for all claims, whether for compensatory or punitive damages or for contribution or indemnity, arising from the terrorist-related aircraft crashes of September 11, 2001, against an air carrier, aircraft manufacturer, airport sponsor, or person with a property interest in the World Trade Center, on September 11, 2001, whether fee simple, leasehold or easement, direct or indirect, or their directors, officers, employees, or agents, shall not be in an amount greater than the limits of liability insurance coverage maintained by that air carrier, aircraft manufacturer, airport sponsor, or person. "(2) WILLFUL DEFAULTS ON REBUILDING OBLIGATION.-Paragraph (1) does not apply to any such person with a property interest in the World Trade Center if the Attorney General determines, after notice and an opportunity for a hearing on the record, that the person has defaulted willfully on a contractual obligation to rebuild, or assist in the rebuilding of, the World Trade Center. "(3) LIMITATIONS ON LIABILITY FOR NEW YORK CITY.Liability for all claims, whether for compensatory or punitive damages or for contribution or indemnity arising from the terrorist-related aircraft crashes of September 11, 2001, against the City of New York shall not exceed the greater of the city's insurance coverage or $350,000,000. If a claimant who is eligible to seek compensation under section 405 of this Act, submits a claim under section 405, the claimant waives the right to file a civil action (or to be a party to an action) in any Federal or State court for damages sustained as a result of the terrorist-related aircraft crashes of September 11, 2001, including any such action against the City of New York. The preceding sentence does not apply to a civil action to recover collateral source obligations."; and (3) by adding at the end of subsection (c) the following: "Subsections (a) and (b) do not apply to civil actions to recover collateral source obligations. Nothing in this section shall in any way limit any liability of any person who is engaged in the business of providing air transportation security and who is not an airline or airport sponsor or director, officer, or employee of an airline or airport sponsor.". (c) LIMITATION OF UNITED STATES SUBROGATION RIGHT.-Section 409 of that Act is amended by striking "title." and inserting "title, subject to the limitations described in section 408.". (d) DEFINITIONS.-Section 402 of that Act is amended (1) by adding at the end of paragraph (1) the following: "The term 'air carrier' does not include a person, other than an air carrier, engaged in the business of providing air transportation security.". (2) by redesignating paragraphs (3) through (8) as paragraphs (5) through (10), respectively; and (3) by inserting after paragraph (2) the following: "(3) AIRCRAFT MANUFACTURER.-The term 'aircraft manufacturer' means any entity that manufactured the aircraft or any parts or components of the aircraft involved in the terrorist related aircraft crashes of September 11, 2001, including employees and agents of that entity. "(4) AIRPORT SPONSOR.-The term 'airport sponsor' means the owner or operator of an airport (as defined in section 40102 of title 49, United States Code).". Approved November 19, 2001. LEGISLATIVE HISTORY-S. 1447 (H.R. 3150): HOUSE REPORTS: No. 107-296 (Comm. of Conference). Oct. 10, 11, considered and passed Senate. Nov. 6, considered and passed House, amended, in lieu of H.R. 3150. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001): Nov. 20, 2001 [H.R. 768] Need-Based 15 USC 1 note. 15 USC 1 note. Public Law 107-72 107th Congress An Act To amend the Improving America's Schools Act of 1994 to extend the favorable treatment of need-based educational aid under the antitrust laws, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the "Need-Based Educational Aid Act of 2001". SEC. 2. AMENDMENT. Section 568(d) of the Improving America's Schools Act of 1994 (15 U.S.C. 1 note) is amended by striking "2001" and inserting "2008". SEC. 3. GAO STUDY AND REPORT. (a) STUDY. (1) IN GENERAL.-The Comptroller General shall conduct a study of the effect of the antitrust exemption on institutional student aid under section 568 of the Improving America's Schools Act of 1994 (15 U.S.C. 1 note). (2) CONSULTATION.-The Comptroller General shall have final authority to determine the content of the study under paragraph (1), but in determining the content of the study, the Comptroller General shall consult with (A) the institutions of higher education participating under the antitrust exemption under section 568 of the Improving America's Schools Act of 1994 (15 U.S.C. 1 note) (referred to in this Act as the "participating institutions"); (B) the Antitrust Division of the Department of Justice; and (C) other persons that the Comptroller General determines are appropriate. (3) MATTERS STUDIED.— (A) IN GENERAL.-The study under paragraph (1) shall (i) examine the needs analysis methodologies used by participating institutions; (ii) identify trends in undergraduate costs of attendance and institutional undergraduate grant aid among participating institutions, including— (I) the percentage of first-year students receiving institutional grant aid; |