Title 49 — Transportation
Part A · Chapter 443 — Insurance
§ 44304. Reinsurance
Statutory text
To the extent the Secretary of Transportation is authorized to provide insurance under this chapter, the Secretary may reinsure any part of the insurance provided by an insurance carrier. The Secretary may reinsure with, transfer to, or transfer back to, any insurance carrier any insurance or reinsurance provided by the Secretary under this chapter.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 103–272 § 1(e) · 108 Stat. 745
Enacted · 49 U.S.C. § 44304
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1169
Source evidence
Code source credit
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1169Enacted provision · exact public law section
Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:Air Transportation Safety and System Stabilization Act
Pub. L. 107–42 title II § 201(c) · 115 Stat. 230
Struck · 49 U.S.C. § 44304
Pub. L. 107–42 struck out subsec. (a) designation and heading “General Authority”
Struck · 49 U.S.C. § 44304
Pub. L. 107–42 struck out subsec. (b) which read as follows:
Source evidence
Code amendment note
Pub. L. 107–42 struck out subsec. (a) designation and heading “General Authority” and struck out subsec. (b) which read as follows:“(b) Premium Levels.—The Secretary may provide reinsurance at premiums not less than, or obtain reinsurance at premiums not higher than, the premiums the Secretary establishes on similar risks or the premiums the insurance carrier charges for the insurance to be reinsured by the Secretary, whichever is most advantageous to the Secretary. However, the Secretary may make allowances to the insurance carrier for expenses incurred in providing services and facilities that the Secretary considers good business practice, except for payments by the carrier for the stimulation or solicitation of insurance business.”
Enacted provision · exact public law section
(c) Reinsurance.— Section 44304 of such title is amended— (1) by striking “(a) General Authority.—”; and (2) by striking subsection (b).FAA Modernization and Reform Act of 2012
Pub. L. 112–95 title VII § 703 · 126 Stat. 11
Substituted · 49 U.S.C. § 44304
Pub. L. 112–95 substituted “any insurance carrier” for “the carrier”
Source evidence
Code amendment note
Pub. L. 112–95 substituted “any insurance carrier” for “the carrier”.Enacted provision · exact public law section
SEC. 703. CLARIFICATION OF REINSURANCE AUTHORITY. The second sentence of section 44304 is amended by striking “the carrier” and inserting “any insurance carrier”.
4 of 4 references resolved to an enrolled provision
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| 44304(a) | 49 App.:1535(a). | Aug. 23, 1958, Pub. L. 85–726, § 1305, 72 Stat. 802; Nov. 9, 1977, Pub. L. 95–163, § 4(a), 91 Stat. 1279. |
| 44304(b) | 49 App.:1535(b). | |
In subsection (a), the words “may reinsure any part of the insurance provided by an insurance carrier” are substituted for “may reinsure, in whole or in part, any company authorized to do an insurance business” for clarity and consistency with source provisions restated in this subchapter and the definition of “insurance carrier” in section 44301 of the revised title. The words “transfer to, or transfer back to” are substituted for “cede or retrocede to” for clarity.
In subsection (b), the word “same” is omitted as being included in “similar”. The words “on account of the cost of” are omitted as surplus. The word “providing” is substituted for “rendered” and “furnished” because it is inclusive. The words “except for” are substituted for “but such allowance to the carrier shall not provide for” to eliminate unnecessary words.
Editorial Notes
Amendments2001–2012 · 2 rounds
2012
Pub. L. 112–95 substituted “any insurance carrier” for “the carrier”.
2001
Pub. L. 107–42 struck out subsec. (a) designation and heading “General Authority” and struck out subsec. (b) which read as follows:
“(b) Premium Levels.—The Secretary may provide reinsurance at premiums not less than, or obtain reinsurance at premiums not higher than, the premiums the Secretary establishes on similar risks or the premiums the insurance carrier charges for the insurance to be reinsured by the Secretary, whichever is most advantageous to the Secretary. However, the Secretary may make allowances to the insurance carrier for expenses incurred in providing services and facilities that the Secretary considers good business practice, except for payments by the carrier for the stimulation or solicitation of insurance business.”
Credits
1994–2012 · 3 acts
- 1994Pub. L. 103–272, § 1(e), , 108 Stat. 1169
- 2001Pub. L. 107–42, title II, § 201(c), , 115 Stat. 235
- 2012Pub. L. 112–95, title VII, § 703, , 126 Stat. 118.
Show as published
(Pub. L. 103–272, § 1(e), , 108 Stat. 1169; Pub. L. 107–42, title II, § 201(c), , 115 Stat. 235; Pub. L. 112–95, title VII, § 703, , 126 Stat. 118.)