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42 U.S.C. § 4071 — Agreements with flood insurance pool

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4071 — Agreements with flood insurance pool

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Stable record: federal_law:legal_authorities:record_usc_002d30ca05fa3b0b157f6b2f
Source file: Laws/federal/codes/united-states-code/title-42/section-4071-agreements-with-flood-insurance-pool--e30218c1a0.md
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Source location: Title 42, Chapter 50, § 4071; chapter-050-national-flood-insurance.md

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**(a) Authorization** The Administrator is authorized to enter into such agreements with the pool formed or otherwise created under this part as he deems necessary to carry out the purposes of this chapter. **(b) Terms and conditions** Such agreements shall specify— (1) the terms and conditions under which risk capital will be available for the adjustment and payment of claims, (2) the terms and conditions under which the pool (and the companies and other insurers participating therein) shall participate in premiums received and profits or losses realized or sustained, (3) the maximum amount of profit, established by the Administrator and set forth in the schedules prescribed under [section 4018 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4018&num=0&edition=prelim), which may be realized by such pool (and the companies and other insurers participating therein), (4) the terms and conditions under which operating costs and allowances set forth in the schedules prescribed under [section 4018 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4018&num=0&edition=prelim) may be paid, and (5) the terms and conditions under which premium equalization payments under [section 4054 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4054&num=0&edition=prelim) will be made and reinsurance claims under [section 4055 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4055&num=0&edition=prelim) will be paid. **(c) Additional provisions** In addition, such agreements shall contain such provisions as the Administrator finds necessary to assure that— (1) no insurance company or other insurer which meets the requirements prescribed under [section 4051(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4051/b&num=0&edition=prelim), and which has indicated an intention to participate in the flood insurance program on a risk-sharing basis, will be excluded from participating in the pool, (2) the insurance companies and other insurers participating in the pool will take whatever action may be necessary to provide continuity of flood insurance coverage or reinsurance by the pool, and (3) any insurance companies and other insurers, insurance agents and brokers, and insurance adjustment organizations will be permitted to cooperate with the pool as fiscal agents or otherwise, on other than a risk-sharing basis, to the maximum extent practicable.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4055 — Designation of Flood Insurance Advocate

**(a) In general** The Administrator shall designate a Flood Insurance Advocate to advocate for the fair treatment of policy holders under the National Flood Insurance Program and property owners in the mapping of flood hazards, the identification of risks from flood, and the implementation of measures to minimize the risk of flood. **(b) Duties and responsibilities** The duties and responsibilities of the Flood Insurance Advocate designated under subsection (a) shall be to— (1) educate property owners and policyholders under the National Flood Insurance Program on— (A) individual flood risks; (B) flood mitigation; (C) measures to reduce flood insurance rates through effective mitigation; (D) the flood insurance rate map review and amendment process; and (E) any changes in the flood insurance program as a result of any newly enacted laws (including this Act); (2) assist policy holders under the National Flood Insurance Program and property owners to understand the procedural requirements related to appealing preliminary flood insurance rate maps and implementing measures to mitigate evolving flood risks; (3) assist in the development of regional capacity to respond to individual constituent concerns about flood insurance rate map amendments and revisions; (4) coordinate outreach and education with local officials and community leaders in areas impacted by proposed flood insurance rate map amendments and revisions; and (5) aid potential policy holders under the National Flood Insurance Program in obtaining and verifying accurate and reliable flood insurance rate information when purchasing or renewing a flood insurance policy.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4055

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4018 — Chargeable premium rates

**(a) Establishment; terms and conditions** On the basis of estimates made under [section 4014 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4014&num=0&edition=prelim), and such other information as may be necessary, the Administrator shall from time to time prescribe, after providing notice— (1) chargeable premium rates for any types and classes of properties for which insurance coverage shall be available under [section 4012 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4012&num=0&edition=prelim) (at less than the estimated risk premium rates under [section 4014(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4014/a/1&num=0&edition=prelim), where necessary), and (2) the terms and conditions under which, and the areas (including subdivisions thereof) within which, such rates shall apply. **(b) Considerations for rates** Such rates shall, insofar as practicable, be— (1) based on a consideration of the respective risks involved, including differences in risks due to land use measures, flood-proofing, flood forecasting, and similar measures; (2) adequate, on the basis of accepted actuarial principles, to provide reserves for anticipated losses, or, if less than such amount, consistent with the objective of making flood insurance available where necessary at reasonable rates so as to encourage prospective insureds to purchase such insurance and with the purposes of this chapter; (3) adequate, together with the fee under paragraph (1)(B)(iii) or (2) of [section 4014(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4014/a&num=0&edition=prelim), to provide for any administrative expenses o

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4018

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4001 — Authorization of appropriations; availability

**(a)** There are hereby authorized to be appropriated such sums as may from time to time be necessary to carry out this chapter, including sums— (1) to cover administrative expenses authorized under [section 4126 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4126&num=0&edition=prelim); (2) to reimburse the National Flood Insurance Fund established under [section 4017 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4017&num=0&edition=prelim) for— (A) premium equalization payments under [section 4054 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4054&num=0&edition=prelim) which have been made from such fund; and (B) reinsurance claims paid under the excess loss reinsurance coverage provided under [section 4055 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4055&num=0&edition=prelim); and (3) to make such other payments as may be necessary to carry out the purposes of this chapter. **(b)** All such funds shall be available without fiscal year limitation. **(c)** There are authorized to be appropriated such sums as may be necessary through the date specified in [section 4026 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4026&num=0&edition=prelim), for studies under this chapter.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4001

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4054 — Treatment of swimming pool enclosures outside of hurricane season

**(a) In general** Notwithstanding any other provision of law, including the adequate land use and control measures developed pursuant to [section 4102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4102&num=0&edition=prelim) and applicable to non-one- and two-family structures located within coastal areas, as identified by the Administrator, the following may be permitted: (1) Nonsupporting breakaway walls in the space below the lowest elevated floor of a building, if the space is used solely for a swimming pool between November 30 and June 1 of any year, in an area designated as Zone V on a flood insurance rate map. (2) Openings in walls in the space below the lowest elevated floor of a building, if the space is used solely for a swimming pool between November 30 and June 1 of any year, in an area designated as Zone A on a flood insurance rate map. **(b) Rule of construction** Nothing in subsection (a) shall be construed to alter the terms and conditions of eligibility and insurability of coverage for a building under the standard flood insurance policy under the national flood insurance program.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4054

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4021 — National Flood Insurance Fund

**(a) Establishment; availability** To carry out the flood insurance program authorized by this chapter, the Administrator shall establish in the Treasury of the United States a National Flood Insurance Fund (hereinafter referred to as the “fund”) which shall be an account separate from any other accounts or funds available to the Administrator and shall be available as described in subsection (f), without fiscal year limitation (except as otherwise provided in this section)— (1) for making such payments as may, from time to time, be required under [section 4054 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4054&num=0&edition=prelim); (2) to pay reinsurance claims under the excess loss reinsurance coverage provided under [section 4055 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4055&num=0&edition=prelim); (3) to repay to the Secretary of the Treasury such sums as may be borrowed from him (together with interest) in accordance with the authority provided in [section 4016 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4016&num=0&edition=prelim); and (4) to the extent approved in appropriations Acts, to pay any administrative expenses of the flood insurance and floodplain management programs (including the costs of mapping activities under [section 4101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4101&num=0&edition=prelim)); (5) for the purposes specified in subsection (d) under the conditions provided therein; (6) for carrying out the program under [section 4022(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4022/b&num=0&edition=prelim); (

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4021

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4056 — Implementation of program

Following such consultation with representatives of the insurance industry as may be necessary, the Administrator shall implement the flood insurance program authorized under subchapter I in accordance with the provisions of part A of this subchapter and, if a determination is made by him under [section 4071 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4071&num=0&edition=prelim), under part B of this subchapter.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4056

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4101 — Adjustment and payment of claims; judicial review; limitations; jurisdiction

In the event the program is carried out as provided in [section 4071 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4071&num=0&edition=prelim), the Administrator 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 Administrator 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 Administrator, may institute an action against the Administrator 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: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4101

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4071 — Federal operation of program; determina-

Page 6054 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4071 3 So in original. Probably should be ‘‘this section’’. received under this subsection, which shall re- main available until expended and be available to the Administrator for purposes authorized for the National Flood Insurance Fund with- out further appropriation. (h) Rule of construction Nothing in this subsection 3 shall be construed to require the Administrator to make any pay- ment under the national flood insurance pro- gram, or an insurance company that issues a standard flood insurance policy under the na- tional flood insurance program to make any payment, for an indeterminate loss based upon post-storm assessment, the COASTAL Formula, or any other loss allocation or post-storm as- sessment arising under the laws or ordinances of any State. (i) Applicability Subsection (c) shall apply with respect to an indeterminate loss associated with a named storm that occurs 60 days after publication of the COASTAL Formula in the Federal Register as required by subsection (b)(1). (j) Rule of Construction Nothing in this subsection 3 shall be construed to negate, set aside, or void any policy limit, in- cluding any loss limitation, set forth in a stand- ard insurance policy. (k) Rule of construction Nothing in this section shall be construed to create a cause of action under this chapter. (Pub. L. 90–448, title XIII, § 1337, as added Pub. L. 112–141, div. F, title II, § 100253, July 6, 2012, 126 Stat. 974; amended Pub. L. 116–271, title II, § 201(b), Dec. 31, 2020, 134 Stat. 3346.) Editorial Notes AMENDMENTS 2020—Subsec. (a)(3). Pub. L. 116–271, § 201(b)(1)(A), in- serted ‘‘, except that the term shall not apply with re- spect to a State or territory that has an operational wind and flood

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4071

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