
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-390 Section 201]
[CITE: 42USC5154]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 68--DISASTER RELIEF
 
 SUBCHAPTER III--MAJOR DISASTER AND EMERGENCY ASSISTANCE ADMINISTRATION
 
Sec. 5154. Insurance


(a) Applicants for replacement of damaged facilities

               (1) Compliance with certain regulations

        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 3233 \1\ 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.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------

                          (2) Determination

        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) Maintenance of insurance

    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 3233 \1\ 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) State acting as self-insurer

    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 3233 \1\ 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) of this 
section. 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.

(Pub. L. 93-288, title III, Sec. 311, as added Pub. L. 100-707, title I, 
Sec. 105(h), Nov. 23, 1988, 102 Stat. 4692; amended Pub. L. 103-325, 
title V, Sec. 521, Sept. 23, 1994, 108 Stat. 2257.)

                       References in Text

    Section 3233 of this title, referred to in subsecs. (a)(1), (b), and 
(c), was repealed by Pub. L. 105-393, title I, Sec. 102(c), Nov. 13, 
1998, 112 Stat. 3617.


                            Prior Provisions

    A prior section 5154, Pub. L. 93-288, title III, Sec. 314, May 22, 
1974, 88 Stat. 151, consisted of similar provisions, prior to repeal by 
Pub. L. 100-707, Sec. 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

    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.''
