42 U.S.C. § 5154 — Insurance

Page 6378 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5154 present section but with references to different acts and provisions, prior to repeal by Pub. L. 100–707, § 105(g). A prior section 310 of Pub. L. 93–288 was renumbered section 307 by Pub. L. 100–707 and was classified to sec- tion 5150 of this title, prior to repeal by Pub. L. 109–295. § 5154. Insurance (a) Applicants for replacement of damaged facili- ties (1) Compliance with certain regulations An applicant for assistance under section 5172 of this title (relating to repair, restora- tion, 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, re- paired, or constructed with such assistance, such types and extent of insurance will be ob- tained 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 appro- priate State insurance commissioner respon- sible 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 as- sistance under this chapter unless all insurance required pursuant to this section has been ob- tained 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 writ- ing 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 ac- companied by a plan for self-insurance which is satisfactory to the President, shall be deemed compliance with subsection (a). No such self-in- surer may receive assistance under section 5172 or 5189 of this title for any property or part thereof for which it has previously received as- sistance 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, § 311, as added Pub. L. 100–707, title I, § 105(h), Nov. 23, 1988, 102 Stat. 4692; amended Pub. L. 103–325, title V, § 521, Sept. 23, 1994, 108 Stat. 2257; Pub. L. 106–390, title II, § 201, Oct. 30, 2000, 114 Stat. 1559.) 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 sec- tion 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 sub- stituted ‘‘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.’’ § 5154a. Prohibited flood disaster assistance (a) General prohibition Notwithstanding any other provision of law, no Federal disaster relief assistance made avail- able in a flood disaster area may be used to make a payment (including any loan assistance payment) to a person for repair, replacement, or restoration for damage to any personal, residen- tial, or commercial property if that person at any time has received flood disaster assistance that was conditional on the person first having obtained flood insurance under applicable Fed- eral law and subsequently having failed to ob- tain and maintain flood insurance as required under applicable Federal law on such property. (b) Transfer of property (1) Duty to notify In the event of the transfer of any property described in paragraph (3), the transferor shall, not later than the date on which such transfer occurs, notify the transferee in writ- ing of the requirements to— (A) obtain flood insurance in accordance with applicable Federal law with respect to such property, if the property is not so in- sured as of the date on which the property is transferred; and (B) maintain flood insurance in accordance with applicable Federal law with respect to such property. Such written notification shall be contained in documents evidencing the transfer of own- ership of the property. (2) Failure to notify If a transferor described in paragraph (1) fails to make a notification in accordance with such paragraph and, subsequent to the transfer of the property— (A) the transferee fails to obtain or main- tain flood insurance in accordance with ap- plicable Federal law with respect to the property, (B) the property is damaged by a flood dis- aster, and (C) Federal disaster relief assistance is provided for the repair, replacement, or res-