§5154 — Title 42 The Public Health and Welfare | U.S. Code

Summary

People or groups getting federal money to repair, restore, replace, or build property after a disaster must get and keep whatever insurance is reasonably available and needed to protect that property. The President makes the rules about what insurance is required, but cannot demand more coverage than the state insurance commissioner says is reasonable. If someone already got federal help for a property, they cannot get more help unless the required insurance is in place. A state can choose to self-insure its own facilities if it files a written choice and a plan the President accepts, but it still can’t get new help for property it already got help for when private insurance would have been available.

Title 42, §5154

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)An applicant for assistance under section 5172 of this title (relating to repair, restoration, and replacement of damaged facilities), section 5189 of this title (relating to simplified procedure) or section 3149(c)(2) of this title shall comply with regulations prescribed by the President to assure that, with respect to any property to be replaced, restored, repaired, or constructed with such assistance, such types and extent of insurance will be obtained and maintained as may be reasonably available, adequate, and necessary, to protect against future loss to such property.

(2)In making a determination with respect to availability, adequacy, and necessity under paragraph (1), the President shall not require greater types and extent of insurance than are certified to him as reasonable by the appropriate State insurance commissioner responsible for regulation of such insurance.

(b)No applicant for assistance under section 5172 of this title (relating to repair, restoration, and replacement of damaged facilities), section 5189 of this title (relating to simplified procedure), or section 3149(c)(2) of this title may receive such assistance for any property or part thereof for which the applicant has previously received assistance under this chapter unless all insurance required pursuant to this section has been obtained and maintained with respect to such property. The requirements of this subsection may not be waived under section 5141 of this title.

(c)A State may elect to act as a self-insurer with respect to any or all of the facilities owned by the State. Such an election, if declared in writing at the time of acceptance of assistance under section 5172 or 5189 of this title or section 3149(c)(2) of this title or subsequently and accompanied by a plan for self-insurance which is satisfactory to the President, shall be deemed compliance with subsection (a). No such self-insurer may receive assistance under section 5172 or 5189 of this title for any property or part thereof for which it has previously received assistance under this chapter, to the extent that insurance for such property or part thereof would have been reasonably available.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (b) and (c), was in the original “this Act”, meaning Pub. L. 93–288, May 22, 1974, 88 Stat. 143. For complete classification of this Act to the Code, see

Short Title

note set out under section 5121 of this title and Tables.

Prior Provisions

A prior section 5154, Pub. L. 93–288, title III, § 314, May 22, 1974, 88 Stat. 151, consisted of similar provisions, prior to repeal by Pub. L. 100–707, § 105(h). A prior section 311 of Pub. L. 93–288 was renumbered section 308 by Pub. L. 100–707 and is classified to section 5151 of this title.

Amendments

2000—Subsecs. (a)(1), (b), (c). Pub. L. 106–390 substituted “section 3149(c)(2) of this title” for “section 3233 of this title”. 1994—Subsec. (b). Pub. L. 103–325 inserted at end “The requirements of this subsection may not be waived under section 5141 of this title.”

§5154 Insurance