§ 44305. Insuring United States Government property

Statutory text

General.—

With the approval of the President, a department, agency, or instrumentality of the United States Government may obtain—

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

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—

in carrying out a contract of the department, agency, or instrumentality; or

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.

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.

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.

1994
Pub. L. 103–272 § 1(e) · 108 Stat. 745
Enacted · 49 U.S.C. § 44305
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1170
Source evidence
Code source credit
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1170
Enacted 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:
1997
Aviation Insurance Reauthorization Act of 1997
Pub. L. 105–137 § 3 · 111 Stat. 2640
Inserted · 49 U.S.C. § 44305(b)
Pub. L. 105–137 inserted at end “If such an agreement is countersigned by the President or the President’s designee, the agreement shall constitute, for purposes of section 44302(b), 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 evidence
Code amendment note
Subsec. (b). Pub. L. 105–137 inserted at end “If such an agreement is countersigned by the President or the President’s designee, the agreement shall constitute, for purposes of section 44302(b), 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.”
Enacted provision · exact public law section
SEC. 3. EFFECT OF INDEMNITY AGREEMENTS. Section 44305(b) of title 49, United States Code, is amended by adding at the end the following: “If such an agreement is countersigned by the President or the President’s designee, the agreement shall constitute, for purposes of section 44302(b), 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.”
2001
Air Transportation Safety and System Stabilization Act
Pub. L. 107–42 title II § 201(e) · 115 Stat. 230
Substituted · 49 U.S.C. § 44305(b)
Pub. L. 107–42 substituted “44302(c)” for “44302(b)”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 107–42 substituted “44302(c)” for “44302(b)”.
Enacted provision · exact public law section
(e) Conforming Amendment.— Section 44305(b) of such title is amended by striking “44302(b)” and inserting “44302(c)”.
2002
Pub. L. 107–217 § 3(n)(6) · 116 Stat. 1062
Substituted · 49 U.S.C. § 44305(a)(1)
Pub. L. 107–217 substituted “sections 17302 and 17303 of title 40” for “sections 1 and 2 of the Government Losses in Shipment Act (40 U.S.C. 721, 722)”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 107–217 substituted “sections 17302 and 17303 of title 40” for “sections 1 and 2 of the Government Losses in Shipment Act (40 U.S.C. 721, 722)”.
Enacted provision · exact public law section
(6) In section 44305(a)(1), strike “sections 1 and 2 of the Government Losses in Shipment Act (40 U.S.C. 721, 722)” and substitute “sections 17302 and 17303 of title 40”.

4 of 4 references resolved to an enrolled provision

Notes

historicalAndRevision

Historical and Revision Notes
RevisedSection	Source (U.S. Code)	Source (Statutes at Large)
44305	49 App.:1534.	Aug. 23, 1958, Pub. L. 85–726, § 1304, 72 Stat. 802; Oct. 31, 1992, Pub. L. 102–581, § 401(a), 106 Stat. 4897.

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.

Editorial Notes

Amendments1997–2002 · 3 rounds

2002

Subsec. (a)(1). Pub. L. 107–217 substituted “sections 17302 and 17303 of title 40” for “sections 1 and 2 of the Government Losses in Shipment Act (40 U.S.C. 721, 722)”.

2001

Subsec. (b). Pub. L. 107–42 substituted “44302(c)” for “44302(b)”.

1997

Subsec. (b). Pub. L. 105–137 inserted at end “If such an agreement is countersigned by the President or the President’s designee, the agreement shall constitute, for purposes of section 44302(b), 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.”

Credits

1994–2002 · 4 acts

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

Show as published

(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.)