
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-42 Section 201(e)]
[CITE: 49USC44305]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                           subpart iii--safety
 
                         CHAPTER 443--INSURANCE
 
Sec. 44305. Insuring United States Government property

    (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 1 and 2 
    of the Government Losses in Shipment Act (40 U.S.C. 721, 722); 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(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.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1170; Pub. L. 105-
137, Sec. 3, Dec. 2, 1997, 111 Stat. 2640.)

                                          Historical and Revision Notes
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---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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---------------------------------
44305.................................  49 App.:1534.                    Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          1304,
 72 Stat. 802; Oct. 31, 1992,
                                                                          Pub. 
L. 102-581, Sec.  401(a), 106
                                                                          Stat.
 4897.
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---------------------------------

    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.


                               Amendments

    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.''

                  Section Referred to in Other Sections

    This section is referred to in sections 44302, 44309 of this title; 
title 10 section 9514.
