§ 44305. Insuring United States Government property

575 words·~3 min read·/usc/title-49/section-44305

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(a)General.— With the approval of the President, a department, 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 17302 and 17303 of title 40; and

(2)insurance for risks arising from providing goods or services directly related to and necessary for operating an aircraft 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. If such an agreement is countersigned by the President or the President’s designee, the agreement shall constitute, for purposes of section 44302(c), a determination that continuation of the aircraft operations to which the agreement applies is necessary to carry out the foreign policy of the United States.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1170; Pub. L. 105–137, § 3, Dec. 2, 1997, 111 Stat. 2640; Pub. L. 107–42, title II, § 201(e), Sept. 22, 2001, 115 Stat. 236; Pub. L. 107–217, § 3(n)(6), Aug. 21, 2002, 116 Stat. 1303.)

In this section, the words “a department, agency, or instrumentality” are substituted for “Any department or agency” for clarity and consistency in the revised title and with other titles of the United States Code.

In subsection (a)(1), the words “obtain insurance under this chapter” are substituted for “procure from the Secretary any of the insurance provided under this subchapter” to eliminate unnecessary words. The words “overseas air commerce” are omitted for the reasons given in the revision note for section 40101.

In subsection (b), the words “or the head of a department, agency, or instrumentality designated by the President” are substituted for “and such other agencies as the President may prescribe” as being more precise and for consistency in the revised title. The words “when the Secretary of Defense or the designated head agrees” are substituted for “in consideration of” for clarity. The words “any designated head” are substituted for “the agreement of . . . such agency” and “such other agencies” for clarity and because of the restatement.

Connections10 cite this

Cited by 10 sections

U.S. Code

§ 44302
General authority

12 references not yet in our index

Pub. L. 103–272, § 1(e)
108 Stat. 1170
Pub. L. 105–137, § 3
111 Stat. 2640
Pub. L. 107–42, title II, § 201(e)
115 Stat. 236
Pub. L. 107–217, § 3(n)(6)
116 Stat. 1303
Pub. L. 107–217
40 U.S.C. 721
Pub. L. 107–42
Pub. L. 105–137

Citation graph

cites case law

§ 44305

Insuring United States Government property

Fed. Reg.×9

U.S.C.×1

Pub. L.Pub. L. 103–272, § 1(e)

Stat.108 Stat. 1170

Pub. L.Pub. L. 105–137, § 3

Stat.111 Stat. 2640

Pub. L.Pub. L. 107–42, title II, § 201(e)

Cites 12 · showing 5Cited by 10 across 2 sources