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LegalText 42 U.S.C. § 5154 Insurance us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 68 DISASTER RELIEF 5154 42 U.S.C. § 5154 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s5154 data/legal/raw/us/code/title-42/usc42.xml bab72bef33be84e35eadf2962a10e3359504ff886c2df6390fe8a6c0d6068a63 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e fb2a5db08c1a2057924af1af39a646ad92514559898994f2914edcb4d70d4981 2026-07-04 official
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42 U.S.C. § 5154 - Insurance

Text

(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 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) 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 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) 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 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.

(Pub. L. 93288, title III, § 311, as added Pub. L. 100707, title I, § 105(h), Nov. 23, 1988, 102 Stat. 4692; amended Pub. L. 103325, title V, § 521, Sept. 23, 1994, 108 Stat. 2257; Pub. L. 106390, title II, § 201, Oct. 30, 2000, 114 Stat. 1559.)

Notes

Editorial Notes

References in TextThis chapter, referred to in subsecs. (b) and (c), was in the original “this Act”, meaning Pub. L. 93288, 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 ProvisionsA prior section 5154, Pub. L. 93288, title III, § 314, May 22, 1974, 88 Stat. 151, consisted of similar provisions, prior to repeal by Pub. L. 100707, § 105(h). A prior section 311 of Pub. L. 93288 was renumbered section 308 by Pub. L. 100707 and is classified to section 5151 of this title.

Amendments2000—Subsecs. (a)(1), (b), (c). Pub. L. 106390 substituted “section 3149(c)(2) of this title” for “section 3233 of this title”. 1994—Subsec. (b). Pub. L. 103325 inserted at end “The requirements of this subsection may not be waived under section 5141 of this title.”