((a)) ** .—** The Secretary of Transportation may provide insurance under this chapter against legal liability that a person may incur in providing services or facilities for a vessel if, in the opinion of the Secretary, the insurance—

((1)) is required in prosecuting a war or for national defense; and

((2)) cannot be obtained at reasonable rates or on reasonable terms and conditions from approved companies authorized to do insurance business in a State of the United States.

((b)) ** .—** Employer liability insurance and worker compensation insurance against legal liability to employees may not be provided under this section.