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49 U.S.C. § 44305 — Insuring United States Government property

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 266 words · no verdicts yet

in plain englishAI-generated · not legal advice

A federal agency may get aircraft insurance under this chapter with presidential approval. This can cover a government contract, or moving military forces for a foreign government. The Secretary of Transportation may also waive the premium if another agency agrees to cover the losses instead.

(a) General. With the President's approval, a federal department, agency, or instrumentality may obtain: (1) insurance under this chapter — including for risks from operating an aircraft in intrastate or interstate air commerce, but not insurance on valuables covered by sections 17302 and 17303 of title 40; and (2) insurance for risks from providing goods or services directly related to, and needed for, operating an aircraft insured under (1), if that aircraft is operated: (A) to carry out the department's, agency's, or instrumentality's contract; or (B) to move military forces or materiel for the United States, under an agreement with a foreign government. (b) Premium Waivers and Indemnification. With the approval subsection (a) requires, the Secretary of Transportation may provide insurance without charging a premium, if the Secretary of Defense or the head of a department, agency, or instrumentality the President designates asks for that and agrees to indemnify the Secretary of Transportation for all losses the insurance covers. The Secretary of Defense and any designated head may make these indemnity agreements with the Secretary of Transportation. If the President or the President's designee countersigns such an agreement, that counts — for section 44302(c) purposes — as a determination that continuing the covered aircraft operations is necessary to carry out U.S. foreign policy.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 1170
  • 1997Amended · Pub. L. 105-137 · 111 Stat. 2640
  • 2001Amended · Pub. L. 107-42 · 115 Stat. 236
  • 2002Amended · Pub. L. 107-217 · 116 Stat. 1303

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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