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42 U.S.C. § 4041 — Federal operation of program; determination by Administrator; fiscal agents; report to Congress
Federal law — U.S. Code and appendices · legal_authorities
**(a)** If at any time, after consultation with representatives of the insurance industry, the Administrator 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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim)) as the Administrator 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), the Administrator 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4017&num=0&edition=prelim). 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 insuranc
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Stable record: federal_law:legal_authorities:record_usc_105e88e980d9f59710c68aa7
Source file: Laws/federal/codes/united-states-code/title-42/section-4041-federal-operation-of-program-determination-by-administrator-fiscal-agent--1e5f13716f.md
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Source location: Title 42, Chapter 50, § 4041; chapter-050-national-flood-insurance.md
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**(a)** If at any time, after consultation with representatives of the insurance industry, the Administrator 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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim)) as the Administrator 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), the Administrator 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4017&num=0&edition=prelim). 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 Administrator deems advisable.
The Administrator shall not implement the program of flood insurance authorized under subchapter I 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 542
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this title, “Executive agency” means an Executive department, a Government corporation, and an independent establishment.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 105
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Notwithstanding any other provision of law, in addition to any other disclosures that may be required, each policy under the National Flood Insurance Program shall state all conditions, exclusions, and other limitations pertaining to coverage under the subject policy, regardless of the underlying insurance product, in plain English, in boldface type, and in a font size that is twice the size of the text of the body of the policy.
**(b) Violations** The Administrator may impose a civil penalty of not more than $50,000 on any person that fails to comply with subsection (a).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4017
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Federal law — U.S. Code and appendices · legal_authorities
Page 6047
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 4051
the National Flood Insurance Act of 1968 which com-
prises this chapter.
Statutory Notes and Related Subsidiaries
DEFINITIONS
For definitions of terms used in this section, see sec-
tion 4005 of this title.
SUBCHAPTER II—ORGANIZATION AND AD-
MINISTRATION
OF
FLOOD
INSURANCE
PROGRAM
§ 4041. Implementation of program
Following such consultation with representa-
tives of the insurance industry as may be nec-
essary, the Administrator shall implement the
flood insurance program authorized under sub-
chapter 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,
under part B of this subchapter.
(Pub. L. 90–448, title XIII, § 1330, Aug. 1, 1968, 82
Stat. 581; Pub. L. 98–181, title I [title IV,
§ 451(d)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L.
112–141, div. F, title II, § 100238(b)(1), July 6, 2012,
126 Stat. 958.)
Editorial Notes
AMENDMENTS
2012—Pub. L. 112–141 substituted ‘‘Administrator’’ for
‘‘Director’’.
1983—Pub. L. 98–181 substituted ‘‘Director’’ for ‘‘Sec-
retary’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective 120 days following Aug. 1, 1968, or
such later date prescribed by the Secretary but in no
event more than 180 days following Aug. 1, 1968, see sec-
tion 1377 of Pub. L. 90–448, set out as a note under sec-
tion 4001 of this title.
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, com-
ponents, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emer-
gency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
o
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4041
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