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(continued)
thereto, to the Secretary of Homeland Security, and for treatment
of related references, see sections 313(1), 551(d), 552(d), and 557
of Title 6, Domestic Security, and the Department of Homeland
Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

-End-



-CITE-
42 USC Sec. 4053 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 50 - NATIONAL FLOOD INSURANCE
SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE
PROGRAM
Part A - Industry Program With Federal Financial Assistance

-HEAD-
Sec. 4053. Adjustment and payment of claims; judicial review;
limitations; jurisdiction

-STATUTE-
The insurance companies and other insurers which form, associate,
or otherwise join together in the pool under this part may adjust
and pay all claims for proved and approved losses covered by flood
insurance in accordance with the provisions of this chapter and,
upon the disallowance by any such company or other insurer of any
such claim, or upon the refusal of the claimant to accept the
amount allowed upon any such claim, the claimant, within one year
after the date of mailing of notice of disallowance or partial
disallowance of the claim, may institute an action on such claim
against such company or other insurer in the United States district
court for the district in which the insured property or the major
part thereof shall have been situated, and original exclusive
jurisdiction is hereby conferred upon such court to hear and
determine such action without regard to the amount in controversy.

-SOURCE-
(Pub. L. 90-448, title XIII, Sec. 1333, Aug. 1, 1968, 82 Stat. 583;
Pub. L. 98-181, title IV, Sec. 451(d)(3), Nov. 30, 1983, 97 Stat.
1229.)


-MISC1-
AMENDMENTS
1983 - Pub. L. 98-181 inserted "original exclusive" before
"jurisdiction".

-End-



-CITE-
42 USC Sec. 4054 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 50 - NATIONAL FLOOD INSURANCE
SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE
PROGRAM
Part A - Industry Program With Federal Financial Assistance

-HEAD-
Sec. 4054. Premium equalization payments; basis; aggregate amount;
establishment of designated periods

-STATUTE-
(a) The Director, on such terms and conditions as he may from
time to time prescribe, shall make periodic payments to the pool
formed or otherwise created under section 4051 of this title, in
recognition of such reductions in chargeable premium rates under
section 4015 of this title below estimated premium rates under
section 4014(a)(1) of this title as are required in order to make
flood insurance available on reasonable terms and conditions.
(b) Designated periods under this section and the methods for
determining the sum of premiums paid or payable during such periods
shall be established by the Director.

-SOURCE-
(Pub. L. 90-448, title XIII, Sec. 1334, Aug. 1, 1968, 82 Stat. 583;
Pub. L. 93-234, title I, Sec. 111, Dec. 31, 1973, 87 Stat. 981;
Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.
1229.)


-MISC1-
AMENDMENTS
1983 - Pub. L. 98-181 substituted "Director" for "Secretary"
wherever appearing.
1973 - Subsecs. (b), (c). Pub. L. 93-234 redesignated subsec. (c)
as (b) and struck out former subsec. (b) prescribing formula for
sharing losses between Government and industry and permit necessary
flexibility in loss sharing to take into account longer-term loss
experience trends and to compensate for lack of precision in
actuarial computations.


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of
the Federal Emergency Management Agency, including the functions of
the Director of the Federal Emergency Management Agency relating
thereto, to the Secretary of Homeland Security, and for treatment
of related references, see sections 313(1), 551(d), 552(d), and 557
of Title 6, Domestic Security, and the Department of Homeland
Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 4017, 4052, 4056, 4127 of
this title.

-End-



-CITE-
42 USC Sec. 4055 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 50 - NATIONAL FLOOD INSURANCE
SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE
PROGRAM
Part A - Industry Program With Federal Financial Assistance

-HEAD-
Sec. 4055. Reinsurance coverage

-STATUTE-
(a) Availability for excess losses
The Director is authorized to take such action as may be
necessary in order to make available, to the pool formed or
otherwise created under section 4051 of this title, reinsurance for
losses (due to claims for proved and approved losses covered by
flood insurance) which are in excess of losses assumed by such pool
in accordance with the excess loss agreement entered into under
subsection (c) of this section.
(b) Availability pursuant to contract, agreement, or other
arrangement; payment of premium, fee, or other charge
Such reinsurance shall be made available pursuant to contract,
agreement, or any other arrangement, in consideration of such
payment of a premium, fee, or other charge as the Director finds
necessary to cover anticipated losses and other costs of providing
such reinsurance.
(c) Excess loss agreement; negotiation
The Director is authorized to negotiate an excess loss agreement,
from time to time, under which the amount of flood insurance
retained by the pool, after ceding reinsurance, shall be adequate
to further the purposes of this chapter, consistent with the
objective of maintaining appropriate financial participation and
risk sharing to the maximum extent practicable on the part of
participating insurance companies and other insurers.
(d) Submission of excess losses on portfolio basis
All reinsurance claims for losses in excess of losses assumed by
the pool shall be submitted on a portfolio basis by such pool in
accordance with terms and conditions established by the Director.

-SOURCE-
(Pub. L. 90-448, title XIII, Sec. 1335, Aug. 1, 1968, 82 Stat. 583;
Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.
1229.)


-MISC1-
AMENDMENTS
1983 - Pub. L. 98-181 substituted "Director" for "Secretary"
wherever appearing.


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of
the Federal Emergency Management Agency, including the functions of
the Director of the Federal Emergency Management Agency relating
thereto, to the Secretary of Homeland Security, and for treatment
of related references, see sections 313(1), 551(d), 552(d), and 557
of Title 6, Domestic Security, and the Department of Homeland
Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 4017, 4052, 4054, 4127 of
this title.

-End-



-CITE-
42 USC Sec. 4056 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 50 - NATIONAL FLOOD INSURANCE
SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE
PROGRAM
Part A - Industry Program With Federal Financial Assistance

-HEAD-
Sec. 4056. Emergency implementation of flood insurance program;
applicability of other provisions of law

-STATUTE-
(a) Notwithstanding any other provisions of this chapter, for the
purpose of providing flood insurance coverage at the earliest
possible time, the Director shall carry out the flood insurance
program authorized under subchapter I of this chapter during the
period ending on the date specified in section 4026 of this title,
in accordance with the provisions of this part and the other
provisions of this chapter insofar as they relate to this part but
subject to the modifications made by or under subsection (b) of
this section.
(b) In carrying out the flood insurance program pursuant to
subsection (a) of this section, the Director -
(1) shall provide insurance coverage without regard to any
estimated risk premium rates which would otherwise be determined
under section 4014 of this title; and
(2) shall utilize the provisions and procedures contained in or
prescribed by this part (other than section 4054 of this title)
and sections 4081 and 4082 of this title to such extent and in
such manner as he may consider necessary or appropriate to carry
out the purpose of this section.

-SOURCE-
(Pub. L. 90-448, title XIII, Sec. 1336, as added Pub. L. 91-152,
title IV, Sec. 408, Dec. 24, 1969, 83 Stat. 396; amended Pub. L.
92-213, Sec. 2(a), Dec. 22, 1971, 85 Stat. 775; Pub. L. 93-234,
title I, Sec. 106, Dec. 31, 1973, 87 Stat. 979; Pub. L. 94-173,
Sec. 5, Dec. 23, 1975, 89 Stat. 1028; Pub. L. 94-375, Sec. 14(b),
Aug. 3, 1976, 90 Stat. 1075; Pub. L. 95-128, title VII, Sec.
701(b), Oct. 12, 1977, 91 Stat. 1144; Pub. L. 95-406, Sec. 6(b),
Sept. 30, 1978, 92 Stat. 880; Pub. L. 95-557, title III, Sec.
308(b), Oct. 31, 1978, 92 Stat. 2098; Pub. L. 96-153, title VI,
Sec. 602(b), Dec. 21, 1979, 93 Stat. 1137; Pub. L. 97-35, title
III, Sec. 341(b)(2), Aug. 13, 1981, 95 Stat. 419; Pub. L. 97-289,
Sec. 4(b), Oct. 6, 1982, 96 Stat. 1231; Pub. L. 98-35, Sec. 4(b),
May 26, 1983, 97 Stat. 198; Pub. L. 98-109, Sec. 5(b), Oct. 1,
1983, 97 Stat. 746; Pub. L. 98-181, title IV, Sec. 451(b), (d)(1),
Nov. 30, 1983, 97 Stat. 1229; Pub. L. 99-120, Sec. 4(a)(2), Oct. 8,
1985, 99 Stat. 503; Pub. L. 99-156, Sec. 4(a)(2), Nov. 15, 1985, 99
Stat. 816; Pub. L. 99-219, Sec. 4(a)(2), Dec. 26, 1985, 99 Stat.
1731; Pub. L. 99-267, Sec. 4(a)(2), Mar. 27, 1986, 100 Stat. 74;
Pub. L. 99-272, title III, Sec. 3010(a)(2), Apr. 7, 1986, 100 Stat.
106; Pub. L. 99-289, Sec. 1(b), May 2, 1986, 100 Stat. 412; Pub. L.
99-345, Sec. 1, June 24, 1986, 100 Stat. 673; Pub. L. 99-430, Sept.
30, 1986, 100 Stat. 986; Pub. L. 100-122, Sec. 1, Sept. 30, 1987,
101 Stat. 793; Pub. L. 100-154, Nov. 5, 1987, 101 Stat. 890; Pub.
L. 100-170, Nov. 17, 1987, 101 Stat. 914; Pub. L. 100-179, Dec. 3,
1987, 101 Stat. 1018; Pub. L. 100-200, Dec. 21, 1987, 101 Stat.
1327; Pub. L. 100-242, title V, Sec. 541(b), Feb. 5, 1988, 101
Stat. 1939; Pub. L. 101-137, Sec. 1(b), Nov. 3, 1989, 103 Stat.
824; Pub. L. 101-508, title II, Sec. 2302(b), Nov. 5, 1990, 104
Stat. 1388-23; Pub. L. 103-325, title V, Sec. 571(b), Sept. 23,
1994, 108 Stat. 2277; Pub. L. 105-46, Sec. 118, Sept. 30, 1997, 111
Stat. 1157; Pub. L. 105-65, title III, Oct. 27, 1997, 111 Stat.
1377; Pub. L. 105-276, title III, title V, Sec. 599D(b), Oct. 21,
1998, 112 Stat. 2502, 2663; Pub. L. 107-73, title III, Nov. 26,
2001, 115 Stat. 689; Pub. L. 108-3, Sec. 2(a)(3), Jan. 13, 2003,
117 Stat. 7; Pub. L. 108-171, Sec. 2(a)(3), Dec. 6, 2003, 117 Stat.
2064.)


-MISC1-
AMENDMENTS
2003 - Subsec. (a). Pub. L. 108-171 substituted "on the date
specified in section 4026 of this title" for "December 31, 2003".
Pub. L. 108-3 substituted "ending December 31, 2003, in" for
"ending December 31, 2002, in".
2001 - Subsec. (a). Pub. L. 107-73 substituted "December 31,
2002" for "September 30, 2001".
1998 - Subsec. (a). Pub. L. 105-276, Sec. 599D(b), which directed
the substitution of "2001" for "1998", was executed by substituting
"2001" for "1999" to reflect the probable intent of Congress and
the amendment by Pub. L. 105-276, title III, see below.
Pub. L. 105-276, title III, substituted "1999" for "1998".
1997 - Subsec. (a). Pub. L. 105-65 substituted "September 30,
1998" for "October 23, 1997".
Pub. L. 105-46 substituted "October 23, 1997" for "September 30,
1996".
1994 - Subsec. (a). Pub. L. 103-325 substituted "September 30,
1996" for "September 30, 1995".
1990 - Subsec. (a). Pub. L. 101-508 substituted "September 30,
1995" for "September 30, 1991".
1989 - Subsec. (a). Pub. L. 101-137 substituted "September 30,
1991" for "September 30, 1989".
1988 - Subsec. (a). Pub. L. 100-242 substituted "September 30,
1989" for "March 15, 1988".
1987 - Subsec. (a). Pub. L. 100-200 substituted "March 15, 1988"
for "December 16, 1987".
Pub. L. 100-179 substituted "December 16, 1987" for "December 2,
1987".
Pub. L. 100-170 substituted "December 2, 1987" for "November 15,
1987".
Pub. L. 100-154 substituted "November 15, 1987" for "October 31,
1987".
Pub. L. 100-122 substituted "October 31, 1987" for "September 30,
1987".
1986 - Subsec. (a). Pub. L. 99-430 substituted "September 30,
1987" for "September 30, 1986".
Pub. L. 99-345 substituted "September 30, 1986" for "June 6,
1986".
Pub. L. 99-289 substituted "June 6, 1986" for "April 30, 1986".
Pub. L. 99-272 directed amendment identical to Pub. L. 99-219
substituting "March 17, 1986" for "December 15, 1985".
Pub. L. 99-267 substituted "April 30, 1986" for "March 17, 1986".
1985 - Subsec. (a). Pub. L. 99-219 substituted "March 17, 1986"
for "December 15, 1985".
Pub. L. 99-156 substituted "December 15, 1985" for "November 14,
1985".
Pub. L. 99-120 substituted "November 14, 1985" for "September 30,
1985".
1983 - Subsec. (a). Pub. L. 98-181, Sec. 451(d)(1), substituted
"Director" for "Secretary".
Pub. L. 98-181, Sec. 451(b), substituted "September 30, 1985" for
"November 30, 1983".
Pub. L. 98-109 substituted "November 30, 1983" for "September 30,
1983".
Pub. L. 98-35 substituted "September 30, 1983" for "May 20,
1983".
Subsec. (b). Pub. L. 98-181, Sec. 451(d)(1), substituted
"Director" for "Secretary".
1982 - Subsec. (a). Pub. L. 97-289 substituted "May 20, 1983" for
"September 30, 1982".
1981 - Subsec. (a). Pub. L. 97-35 substituted "1982" for "1981".
1979 - Subsec. (a). Pub. L. 96-153 substituted "1981" for "1980".
1978 - Subsec. (a). Pub. L. 95-557 substituted "September 30,
1980" for "October 31, 1978".
Pub. L. 95-406 substituted "October 31, 1978" for "September 30,
1978".
1977 - Subsec. (a). Pub. L. 95-128 substituted "1978" for "1977".
1976 - Subsec. (a). Pub. L. 94-375 substituted "September 30,
1977" for "December 31, 1976".
1975 - Subsec. (a). Pub. L. 94-173 substituted "1976" for "1975".
1973 - Subsec. (a). Pub. L. 93-234 substituted "1975" for "1973".
1971 - Subsec. (a). Pub. L. 92-213 substituted "1973" for "1971".

EFFECTIVE DATE OF 2003 AMENDMENTS
Amendment by Pub. L. 108-171 effective Dec. 31, 2003, see section
2(b) of Pub. L. 108-171, set out as a note under section 4016 of
this title.
Amendment by Pub. L. 108-3 effective Dec. 31, 2002, see section
2(b) of Pub. L. 108-3, set out as a note under section 4016 of this
title.

EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section
371 of Pub. L. 97-35, set out as an Effective Date note under
section 3701 of Title 12, Banks and Banking.


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of
the Federal Emergency Management Agency, including the functions of
the Director of the Federal Emergency Management Agency relating
thereto, to the Secretary of Homeland Security, and for treatment
of related references, see sections 313(1), 551(d), 552(d), and 557
of Title 6, Domestic Security, and the Department of Homeland
Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.


-MISC2-
CONTINUING APPROPRIATIONS FOR FISCAL YEAR 1998
The expiration date of Oct. 23, 1997 (see 1997 Amendment note
above) was temporarily extended to Nov. 7, 1997, by Pub. L. 105-64,
Oct. 23, 1997, 111 Stat. 1343.

-End-


-CITE-
42 USC Part B - Government Program With Industry
Assistance 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 50 - NATIONAL FLOOD INSURANCE
SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE
PROGRAM
Part B - Government Program With Industry Assistance

-HEAD-
PART B - GOVERNMENT PROGRAM WITH INDUSTRY ASSISTANCE

-SECREF-
PART REFERRED TO IN OTHER SECTIONS
This part is referred to in sections 4041, 4084 of this title.

-End-



-CITE-
42 USC Sec. 4071 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 50 - NATIONAL FLOOD INSURANCE
SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE
PROGRAM
Part B - Government Program With Industry Assistance

-HEAD-
Sec. 4071. Federal operation of program; determination by Director;
fiscal agents; report to Congress

-STATUTE-
(a) If at any time, after consultation with representatives of
the insurance industry, the Director determines that operation of
the flood insurance program as provided under part A cannot be
carried out, or that such operation, in itself, would be assisted
materially by the Federal Government's assumption, in whole or in
part, of the operational responsibility for flood insurance under
this chapter (on a temporary or other basis) he shall promptly
undertake any necessary arrangements to carry out the program of
flood insurance authorized under subchapter I of this chapter
through the facilities of the Federal Government, utilizing, for
purposes of providing flood insurance coverage, either -
(1) insurance companies and other insurers, insurance agents
and brokers, and insurance adjustment organizations, as fiscal
agents of the United States,
(2) such other officers and employees of any executive agency
(as defined in section 105 of title 5) as the Director and the
head of any such agency may from time to time, agree upon, on a
reimbursement or other basis, or
(3) both the alternatives specified in paragraphs (1) and (2).

(b) Upon making the determination referred to in subsection (a)
of this section, the Director shall make a report to the Congress
and, at the same time, to the private insurance companies
participating in the National Flood Insurance Program pursuant to
section 4017 of this title. Such report shall -
(1) state the reason for such determinations,
(2) be supported by pertinent findings,
(3) indicate the extent to which it is anticipated that the
insurance industry will be utilized in providing flood insurance
coverage under the program, and
(4) contain such recommendations as the Director deems
advisable.

The Director shall not implement the program of flood insurance
authorized under subchapter I of this chapter through the
facilities of the Federal Government until 9 months after the date
of submission of the report under this subsection unless it would
be impossible to continue to effectively carry out the National
Flood Insurance Program operations during this time.

-SOURCE-
(Pub. L. 90-448, title XIII, Sec. 1340, Aug. 1, 1968, 82 Stat. 584;
Pub. L. 98-181, title IV, Sec. 451(d)(1), (4), Nov. 30, 1983, 97
Stat. 1229; Pub. L. 101-137, Sec. 3, Nov. 3, 1989, 103 Stat. 824.)

-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), is title XIII of Pub.
L. 90-448, Aug. 1, 1968, 82 Stat. 572, as amended, known as the
National Flood Insurance Act of 1968, which enacted this chapter,
amended section 2414 of this title, repealed sections 2401 to 2413
and 2415 to 2421 of this title, and enacted provisions set out as a
note under section 4001 of this title. For complete classification
of this Act to the Code, see Short Title note set out under section
4001 of this title and Tables.


-MISC1-
AMENDMENTS
1989 - Subsec. (b). Pub. L. 101-137 amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: "Upon
making the determination referred to in subsection (a) of this
section, and at least thirty days prior to implementing the program
of flood insurance authorized under subchapter I of this chapter
through the facilities of the Federal Government, the Director
shall make a report to the Congress and such report shall -
"(1) state the reasons for such determination,
"(2) be supported by pertinent findings,
"(3) indicate the extent to which it is anticipated that the
insurance industry will be utilized in providing flood insurance
coverage under the program, and
"(4) contain such recommendations as the Director deems
advisable."
1983 - Subsec. (a). Pub. L. 98-181, Sec. 451(d)(1), in provisions
preceding par. (1), substituted "Director" for "Secretary".
Subsec. (a)(2). Pub. L. 98-181, Sec. 451(d)(4), struck out
"officers and employees of the Department of Housing and Urban
Development, and" before "such other officers".
Pub. L. 98-181, Sec. 451(d)(1), substituted "Director" for
"Secretary".
Subsec. (b). Pub. L. 98-181, Sec. 451(d)(1), substituted
"Director" for "Secretary" wherever appearing.


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of
the Federal Emergency Management Agency, including the functions of
the Director of the Federal Emergency Management Agency relating
thereto, to the Secretary of Homeland Security, and for treatment
of related references, see sections 313(1), 551(d), 552(d), and 557
of Title 6, Domestic Security, and the Department of Homeland
Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 4017, 4041, 4072 of this
title.

-End-



-CITE-
42 USC Sec. 4072 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 50 - NATIONAL FLOOD INSURANCE
SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE
PROGRAM
Part B - Government Program With Industry Assistance

-HEAD-
Sec. 4072. Adjustment and payment of claims; judicial review;
limitations; jurisdiction

-STATUTE-
In the event the program is carried out as provided in section
4071 of this title, the Director shall be authorized to adjust and
make payment of any claims for proved and approved losses covered
by flood insurance, and upon the disallowance by the Director of
any such claim, or upon the refusal of the claimant to accept the
amount allowed upon any such claim, the claimant, within one year
after the date of mailing of notice of disallowance or partial
disallowance by the Director, may institute an action against the
Director on such claim in the United States district court for the
district in which the insured property or the major part thereof
shall have been situated, and original exclusive jurisdiction is
hereby conferred upon such court to hear and determine such action
without regard to the amount in the controversy.

-SOURCE-
(Pub. L. 90-448, title XIII, Sec. 1341, Aug. 1, 1968, 82 Stat. 584;
Pub. L. 98-181, title IV, Sec. 451(d)(1), (5), Nov. 30, 1983, 97
Stat. 1229.)


-MISC1-
AMENDMENTS
1983 - Pub. L. 98-181, Sec. 451(d)(5), inserted "original
exclusive" before "jurisdiction".
Pub. L. 98-181, Sec. 451(d)(1), substituted "Director" for
"Secretary" wherever appearing.


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of
the Federal Emergency Management Agency, including the functions of
the Director of the Federal Emergency Management Agency relating
thereto, to the Secretary of Homeland Security, and for treatment
of related references, see sections 313(1), 551(d), 552(d), and 557
of Title 6, Domestic Security, and the Department of Homeland
Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

-End-


-CITE-
42 USC Part C - General Provisions 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 50 - NATIONAL FLOOD INSURANCE
SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE
PROGRAM
Part C - General Provisions

-HEAD-
PART C - GENERAL PROVISIONS

-End-



-CITE-
42 USC Sec. 4081 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 50 - NATIONAL FLOOD INSURANCE
SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE
PROGRAM
Part C - General Provisions

-HEAD-
Sec. 4081. Services by insurance industry; contracts, agreements,
or other arrangements

-STATUTE-
(a) In administering the flood insurance program under this
subchapter, the Director is authorized to enter into any contracts,
agreements, or other appropriate arrangements which may, from time
to time, be necessary for the purpose of utilizing, on such terms
and conditions as may be agreed upon, the facilities and services
of any insurance companies or other insurers, insurance agents and
brokers, or insurance adjustment organizations; and such contracts,
agreements, or arrangements may include provision for payment of
applicable operating costs and allowances for such facilities and
services as set forth in the schedules prescribed under section
4018 of this title.
(b) Any such contracts, agreements, or other arrangements may be
entered into without regard to the provisions of section 5 of title
41 or any other provision of law requiring competitive bidding and
without regard to the provisions of the Federal Advisory Committee
Act (5 U.S.C. App.).
(c) The Director of the Federal Emergency Management Agency shall
hold any agent or broker selling or undertaking to sell flood
insurance under this chapter harmless from any judgment for damages
against such agent or broker as a result of any court action by a
policyholder or applicant arising out of an error or omission on
the part of the Federal Emergency Management Agency, and shall
provide any such agent or broker with indemnification, including
court costs and reasonable attorney fees, arising out of and caused
by an error or omission on the part of the Federal Emergency
Management Agency and its contractors. The Director of the Federal
Emergency Management Agency may not hold harmless or indemnify an
agent or broker for his or her error or omission.

-SOURCE-
(Pub. L. 90-448, title XIII, Sec. 1345, Aug. 1, 1968, 82 Stat. 585;
Pub. L. 97-35, title III, Sec. 341(e), Aug. 13, 1981, 95 Stat. 419;
Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.
1229; Pub. L. 103-325, title V, Sec. 574, Sept. 23, 1994, 108 Stat.
2278.)

-REFTEXT-
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in subsec. (b),
is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is
set out in the Appendix to Title 5, Government Organization and
Employees.


-MISC1-
AMENDMENTS
1994 - Subsec. (b). Pub. L. 103-325 inserted before period at end
"and without regard to the provisions of the Federal Advisory
Committee Act (5 U.S.C. App.)".
1983 - Subsec. (a). Pub. L. 98-181 substituted "Director" for
"Secretary".
1981 - Subsec. (c). Pub. L. 97-35 added subsec. (c).

EFFECTIVE DATE OF 1981 AMENDMENT
Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section
371 of Pub. L. 97-35, set out as an Effective Date note under
section 3701 of Title 12, Banks and Banking.


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of
the Federal Emergency Management Agency, including the functions of
the Director of the Federal Emergency Management Agency relating
thereto, to the Secretary of Homeland Security, and for treatment
of related references, see sections 313(1), 551(d), 552(d), and 557
of Title 6, Domestic Security, and the Department of Homeland
Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 4056 of this title.

-End-



-CITE-
42 USC Sec. 4082 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 50 - NATIONAL FLOOD INSURANCE
SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE
PROGRAM
Part C - General Provisions

-HEAD-
Sec. 4082. Use of insurance pool, companies, or other private
organizations for certain payments

-STATUTE-
(a) Authorization to enter into contracts for certain
responsibilities
In order to provide for maximum efficiency in the administration
of the flood insurance program and in order to facilitate the
expeditious payment of any Federal funds under such program, the
Director may enter into contracts with pool formed or otherwise
created under section 4051 of this title, or any insurance company
or other private organizations, for the purpose of securing
performance by such pool, company, or organization of any or all of
the following responsibilities:
(1) estimating and later determining any amounts of payments to
be made;
(2) receiving from the Director, disbursing, and accounting for
funds in making such payments;
(3) making such audits of the records of any insurance company
or other insurer, insurance agent or broker, or insurance
adjustment organization as may be necessary to assure that proper
payments are made; and
(4) otherwise assisting in such manner as the contract may
provide to further the purposes of this chapter.
(b) Terms and conditions of contract
Any contract with the pool or an insurance company or other
private organization under this section may contain such terms and
conditions as the Director finds necessary or appropriate for
carrying out responsibilities under subsection (a) of this section,
and may provide for payment of any costs which the Director
determines are incidental to carrying out such responsibilities
which are covered by the contract.
(c) Competitive bidding
Any contract entered into under subsection (a) of this section
may be entered into without regard to section 5 of title 41 or any
other provision of law requiring competitive bidding.
(d) Findings of Director
No contract may be entered into under this section unless the
Director finds that the pool, company, or organization will perform
its obligations under the contract efficiently and effectively, and
will meet such requirements as to financial responsibility, legal
authority, and other matters as he finds pertinent.
(e) Bond; liability of certifying officers and disbursing officers
(1) Any such contract may require the pool, company, or
organization or any of its officers or employees certifying
payments or disbursing funds pursuant to the contract, or otherwise
participating in carrying out the contract, to give surety bond to
the United States in such amount as the Director may deem
appropriate.
(2) No individual designated pursuant to a contract under this
section to certify payments shall, in the absence of gross
negligence or intent to defraud the United States, be liable with
respect to any payment certified by him under this section.
(3) No officer disbursing funds shall in the absence of gross
negligence or intent to defraud the United States, be liable with
respect to any payment by him under this section if it was based
upon a voucher signed by an individual designated to certify
payments as provided in paragraph (2) of this subsection.
(f) Term of contract; renewals; termination
Any contract entered into under this section shall be for a term
of one year, and may be made automatically renewable from term to
term in the absence of notice by either party of an intention to
terminate at the end of the current term; except that the Director
may terminate any such contract at any time (after reasonable
notice to the pool, company, or organization involved) if he finds
that the pool, company, or organization has failed substantially to
carry out the contract, or is carrying out the contract in a manner
inconsistent with the efficient and effective administration of the
flood insurance program authorized under this chapter.

-SOURCE-
(Pub. L. 90-448, title XIII, Sec. 1346, Aug. 1, 1968, 82 Stat. 585;
Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.
1229.)


-MISC1-
AMENDMENTS
1983 - Subsecs. (a), (b), (d), (e)(1), (f). Pub. L. 98-181
substituted "Director" for "Secretary" wherever appearing.


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of
the Federal Emergency Management Agency, including the functions of
the Director of the Federal Emergency Management Agency relating
thereto, to the Secretary of Homeland Security, and for treatment
of related references, see sections 313(1), 551(d), 552(d), and 557
of Title 6, Domestic Security, and the Department of Homeland
Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 4056 of this title.

-End-



-CITE-
42 USC Sec. 4083 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 50 - NATIONAL FLOOD INSURANCE
SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE
PROGRAM
Part C - General Provisions

-HEAD-
Sec. 4083. Settlement of claims; arbitration

-STATUTE-
(a) The Director is authorized to make final settlement of any
claims or demands which may arise as a result of any financial
transactions which he is authorized to carry out under this
subchapter, and may, to assist him in making any such settlement,
refer any disputes relating to such claims or demands to
arbitration, with the consent of the parties concerned.
(b) Such arbitration shall be advisory in nature, and any award,
decision, or recommendation which may be made shall become final
only upon the approval of the Director.

-SOURCE-
(Pub. L. 90-448, title XIII, Sec. 1347, Aug. 1, 1968, 82 Stat. 586;
Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.
1229.)


-MISC1-
AMENDMENTS
1983 - Pub. L. 98-181 substituted "Director" for "Secretary"
wherever appearing.


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of
the Federal Emergency Management Agency, including the functions of
the Director of the Federal Emergency Management Agency relating
thereto, to the Secretary of Homeland Security, and for treatment
of related references, see sections 313(1), 551(d), 552(d), and 557
of Title 6, Domestic Security, and the Department of Homeland
Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

-End-



-CITE-
42 USC Sec. 4084 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 50 - NATIONAL FLOOD INSURANCE
SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE
PROGRAM
Part C - General Provisions

-HEAD-
Sec. 4084. Records and audits

-STATUTE-
(a) The flood insurance pool formed or otherwise created under
part A of this subchapter, and any insurance company or other
private organization executing any contract, agreement, or other
appropriate arrangement with the Director under part B of this
subchapter or this part, shall keep such records as the Director
shall prescribe, including records which fully disclose the total
costs of the program undertaken or the services being rendered, and
such other records as will facilitate an effective audit.
(b) The Director and the Comptroller General of the United
States, or any of their duly authorized representatives, shall have
access for the purpose of audit and examination to any books,
documents, papers, and records of the pool and any such insurance
company or other private organization that are pertinent to the
costs of the program undertaken or the services being rendered.

-SOURCE-
(Pub. L. 90-448, title XIII, Sec. 1348, Aug. 1, 1968, 82 Stat. 586;
Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.
1229.)


-MISC1-
AMENDMENTS
1983 - Pub. L. 98-181 substituted "Director" for "Secretary"
wherever appearing.


-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of
the Federal Emergency Management Agency, including the functions of
the Director of the Federal Emergency Management Agency relating
thereto, to the Secretary of Homeland Security, and for treatment
of related references, see sections 313(1), 551(d), 552(d), and 557
of Title 6, Domestic Security, and the Department of Homeland
Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

-End-


-CITE-
42 USC SUBCHAPTER III - COORDINATION OF FLOOD INSURANCE
WITH LAND-MANAGEMENT PROGRAMS IN FLOOD-PRONE
AREAS 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 50 - NATIONAL FLOOD INSURANCE
SUBCHAPTER III - COORDINATION OF FLOOD INSURANCE WITH
LAND-MANAGEMENT PROGRAMS IN FLOOD-PRONE AREAS

-HEAD-
SUBCHAPTER III - COORDINATION OF FLOOD INSURANCE WITH
LAND-MANAGEMENT PROGRAMS IN FLOOD-PRONE AREAS

-End-



-CITE-
42 USC Sec. 4101 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 50 - NATIONAL FLOOD INSURANCE
SUBCHAPTER III - COORDINATION OF FLOOD INSURANCE WITH
LAND-MANAGEMENT PROGRAMS IN FLOOD-PRONE AREAS

-HEAD-
Sec. 4101. Identification of flood-prone areas

-STATUTE-
(a) Publication of information; establishment of flood-risk zones;
estimates of flood-caused loss
The Director is authorized to consult with, receive information
from, and enter into any agreements or other arrangements with the
Secretaries of the Army, the Interior, Agriculture, and Commerce,
the Tennessee Valley Authority, and the heads of other Federal
departments or agencies, on a reimbursement basis, or with the head
of any State or local agency, or enter into contracts with any
persons or private firms, in order that he may -
(1) identify and publish information with respect to all flood
plain areas, including coastal areas located in the United
States, which has special flood hazards, within five years
following August 1, 1968, and
(2) establish or update flood-risk zone data in all such areas,
and make estimates with respect to the rates of probable flood
caused loss for the various flood risk zones for each of these
areas until the date specified in section 4026 of this title.
(b) Accelerated identification of flood-risk zones; authority of
Director: grants, technical assistance, transactions, and
payments
The Director is directed to accelerate the identification of risk
zones within flood-prone and mudslide-prone areas, as provided by
subsection (a)(2) of this section, in order to make known the
degree of hazard within each such zone at the earliest possible
date. To accomplish this objective, the Director is authorized,
without regard to subsections (a) and (b) of section 3324 of title
31 and section 5 of title 41, to make grants, provide technical
assistance, and enter into contracts, cooperative agreements, or
other transactions, on such terms as he may deem appropriate, or
consent to modifications thereof, and to make advance or progress
payments in connection therewith.
(c) Priority in allocation of manpower and other available
resources for identification and mapping of flood hazard areas
and flood-risk zones
The Secretary of Defense (through the Army Corps of Engineers),
the Secretary of the Interior (through the United States Geological
Survey), the Secretary of Agriculture (through the Soil
Conservation Service), the Secretary of Commerce (through the
National Oceanic and Atmospheric Administration), the head of the
Tennessee Valley Authority, and the heads of all other Federal
agencies engaged in the identification or delineation of flood-risk
zones within the several States shall, in consultation with the
Director, give the highest practicable priority in the allocation
of available manpower and other available resources to the
identification and mapping of flood hazard areas and flood-risk
zones, in order to assist the Director to meet the deadline
established by this section.
(d) Plan for bringing communities with flood-risk zones into full
program status
The Director shall, not later than September 30, 1984, submit to
the Congress a plan for bringing all communities containing
flood-risk zones into full program status by September 30, 1987.
(e) Review of flood maps
Once during each 5-year period (the 1st such period beginning on
September 23, 1994) or more often as the Director determines
necessary, the Director shall assess the need to revise and update
all floodplain areas and flood risk zones identified, delineated,
or established under this section, based on an analysis of all
natural hazards affecting flood risks.
(f) Updating flood maps
The Director shall revise and update any floodplain areas and
flood-risk zones -
(1) upon the determination of the Director, according to the
assessment under subsection (e) of this section, that revision
and updating are necessary for the areas and zones; or
(2) upon the request from any State or local government stating
that specific floodplain areas or flood-risk zones in the State
or locality need revision or updating, if sufficient technical
data justifying the request is submitted and the unit of
government making the request agrees to provide funds in an
amount determined by the Director, but which may not exceed 50
percent of the cost of carrying out the requested revision or
update.
(g) Availability of flood maps
To promote compliance with the requirements of this chapter, the
Director shall make flood insurance rate maps and related
information available free of charge to the Federal entities for
lending regulation, Federal agency lenders, State agencies directly
responsible for coordinating the national flood insurance program,
and appropriate representatives of communities participating in the
national flood insurance program, and at a reasonable cost to all
other persons. Any receipts resulting from this subsection shall be
deposited in the National Flood Insurance Fund, pursuant to section
4017(b)(6) of this title.
(h) Notification of flood map changes
The Director shall cause notice to be published in the Federal
Register (or shall provide notice by another comparable method) of
any change to flood insurance map panels and any change to flood
insurance map panels issued in the form of a letter of map
amendment or a letter of map revision. Such notice shall be
published or otherwise provided not later than 30 days after the
map change or revision becomes effective. Notice by any method
other than publication in the Federal Register shall include all
pertinent information, provide for regular and frequent
distribution, and be at least as accessible to map users as notice
in the Federal Register. All notices under this subsection shall
include information on how to obtain copies of the changes or
revisions.
(i) Compendia of flood map changes
Every 6 months, the Director shall publish separately in their
entirety within a compendium, all changes and revisions to flood
insurance map panels and all letters of map amendment and letters
of map revision for which notice was published in the Federal
Register or otherwise provided during the preceding 6 months. The
Director shall make such compendia available, free of charge, to
Federal entities for lending regulation, Federal agency lenders,
and States and communities participating in the national flood
insurance program pursuant to section 4017 of this title and at
cost to all other parties. Any receipts resulting from this
subsection shall be deposited in the National Flood Insurance Fund,
pursuant to section 4017(b)(6) of this title.
(j) Provision of information
In the implementation of revisions to and updates of flood
insurance rate maps, the Director shall share information, to the
extent appropriate, with the Under Secretary of Commerce for Oceans
and Atmosphere and representatives from State coastal zone
management programs.

-SOURCE-
(Pub. L. 90-448, title XIII, Sec. 1360, Aug. 1, 1968, 82 Stat. 587;
Pub. L. 93-234, title II, Sec. 204, Dec. 31, 1973, 87 Stat. 983;
Pub. L. 98-181, title IV, Sec. 451(d)(1), (6), (7), Nov. 30, 1983,
97 Stat. 1229; Pub. L. 98-479, title II, Sec. 203(j)(2), Oct. 17,
1984, 98 Stat. 2231; Pub. L. 99-120, Sec. 4(a)(3), Oct. 8, 1985, 99
Stat. 503; Pub. L. 99-156, Sec. 4(a)(3), Nov. 15, 1985, 99 Stat.
816; Pub. L. 99-219, Sec. 4(a)(3), Dec. 26, 1985, 99 Stat. 1731;
Pub. L. 99-267, Sec. 4(a)(3), Mar. 27, 1986, 100 Stat. 74; Pub. L.
99-272, title III, Sec. 3010(a)(3), Apr. 7, 1986, 100 Stat. 106;
Pub. L. 99-289, Sec. 1(b), May 2, 1986, 100 Stat. 412; Pub. L.
99-345, Sec. 1, June 24, 1986, 100 Stat. 673; Pub. L. 99-430, Sept. (continued)