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42 U.S.C. § 4122 — National Flood Mitigation Fund
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment and availability** The Administrator shall establish in the Treasury of the United States a fund to be known as the National Flood Mitigation Fund, which shall be credited with amounts described in subsection (b) and shall be available, to the extent provided in appropriation Acts, for providing assistance under [section 4104c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4104c&num=0&edition=prelim).
**(b) Credits** The National Flood Mitigation Fund shall be credited with—
(1) in each fiscal year, amounts from the National Flood Insurance Fund not to exceed $90,000,000 and to remain available until expended, of which—
(A) not more than $40,000,000 shall be available pursuant to subsection (a) of this section for assistance described in [section 4104c(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4104c/a/1&num=0&edition=prelim);
(B) not more than $40,000,000 shall be available pursuant to subsection (a) of this section for assistance described in [section 4104c(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4104c/a/2&num=0&edition=prelim); and
(C) not more than $10,000,000 shall be available pursuant to subsection (a) of this section for assistance described in [section 4104c(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4104c/a/3&num=0&edition=prelim);
(2) any penalties collected under [section 4012a(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4012a/f&num=0&edition=prelim); and
(3) any amounts recaptured under [section 4104c(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:US
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Stable record: federal_law:legal_authorities:record_usc_1daa4b4a00c034da26718ad3
Source file: Laws/federal/codes/united-states-code/title-42/section-4122-national-flood-mitigation-fund--1fdfae16f3.md
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Source location: Title 42, Chapter 50, § 4122; chapter-050-national-flood-insurance.md
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**(a) Establishment and availability** The Administrator shall establish in the Treasury of the United States a fund to be known as the National Flood Mitigation Fund, which shall be credited with amounts described in subsection (b) and shall be available, to the extent provided in appropriation Acts, for providing assistance under [section 4104c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4104c&num=0&edition=prelim).
**(b) Credits** The National Flood Mitigation Fund shall be credited with—
(1) in each fiscal year, amounts from the National Flood Insurance Fund not to exceed $90,000,000 and to remain available until expended, of which—
(A) not more than $40,000,000 shall be available pursuant to subsection (a) of this section for assistance described in [section 4104c(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4104c/a/1&num=0&edition=prelim);
(B) not more than $40,000,000 shall be available pursuant to subsection (a) of this section for assistance described in [section 4104c(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4104c/a/2&num=0&edition=prelim); and
(C) not more than $10,000,000 shall be available pursuant to subsection (a) of this section for assistance described in [section 4104c(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4104c/a/3&num=0&edition=prelim);
(2) any penalties collected under [section 4012a(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4012a/f&num=0&edition=prelim); and
(3) any amounts recaptured under [section 4104c(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4104c/e&num=0&edition=prelim).
**(c) Administrative expenses** The Administrator may use not more than 5 percent of amounts made available under subsection (b) to cover salaries, expenses, and other administrative costs incurred by the Administrator to make grants and provide assistance under [section 4104c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4104c&num=0&edition=prelim).
**(d) Prohibition on offsetting collections** Notwithstanding any other provision of this chapter, amounts made available pursuant to this section shall not be subject to offsetting collections through premium rates for flood insurance coverage under this chapter.
**(e) Continued availability and reallocation** Any amounts made available pursuant to subparagraph (A), (B), or (C) of subsection (b)(1) that are not used in any fiscal year shall continue to be available for the purposes specified in the subparagraph of subsection (b)(1) pursuant to which such amounts were made available, unless the Administrator determines that reallocation of such unused amounts to meet demonstrated need for other mitigation activities under [section 4104c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4104c&num=0&edition=prelim) is in the best interest of the National Flood Insurance Fund.
**(f) Investment** If the Administrator determines that the amounts in the National Flood Mitigation Fund are in excess of amounts needed under subsection (a), the Administrator may invest any excess amounts the Administrator determines advisable in interest-bearing obligations issued or guaranteed by the United States.
**(g) Report** The Administrator shall submit a report to the Congress not later than the expiration of the 1-year period beginning on September 23, 1994, and not less than once during each successive 2-year period thereafter. The report shall describe the status of the Fund and any activities carried out with amounts from the Fund.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 90–448, title XIII, § 1362, Aug. 1, 1968, 82 Stat. 588; Pub. L. 95–128, title VII, § 704(b), Oct. 12, 1977, 91 Stat. 1145; Pub. L. 98–181, title I [title IV, § 451(d)(1)], Nov. 30, 1983, 97 Stat. 1229, related to purchase, by Director, of insured properties damaged substantially beyond repair by flood, for subsequent transfer to State or local agency upon negotiated conditions.
#### Savings Provision
Pub. L. 103–325, title V, § 551(c), Sept. 23, 1994, 108 Stat. 2269, required the Director of the Federal Emergency Management Agency to comply with any purchase or loan commitment entered into before the expiration of the 1-year period beginning on Sept. 23, 1994, pursuant to authority under this section or section 551(b) of Pub. L. 103–325.
#### Transition Phase
Pub. L. 103–325, title V, § 551(b), Sept. 23, 1994, 108 Stat. 2269, permitted the Director of the Federal Emergency Management Agency to enter into loan and purchase commitments as provided under this section (as in effect immediately before the enactment of Pub. L. 103–325) during the 1-year period beginning on Sept. 23, 1994.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4104c
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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
Page 6082
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 4122
90–448, Aug. 1, 1968, 82 Stat. 572, known as the National
Flood Insurance Act of 1968, which is classified prin-
cipally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under
section 4001 of this title and Tables.
The Securities Exchange Act of 1934, referred to in
subsec. (a)(3), is act June 6, 1934, ch. 404, 48 Stat. 881,
which is classified principally to chapter 2B (§ 78a et
seq.) of Title 15, Commerce and Trade. For complete
classification of this Act to the Code, see section 78a of
Title 15 and Tables.
AMENDMENTS
2012—Subsec. (a)(1). Pub. L. 112–141, § 100238(b)(1), sub-
stituted ‘‘Administrator’’ for ‘‘Director’’.
Subsec. (a)(3). Pub. L. 112–141, § 100232(d)(5), sub-
stituted ‘‘include any organization or person that is au-
thorized to engage in the business of insurance under
the laws of any State, subject to the reporting require-
ments of the Securities Exchange Act of 1934 pursuant
to section 13(a) or 15(d) of such Act (15 U.S.C. 78m(a)
and 78o(d)), or authorized by the Administrator to as-
sume reinsurance on risks insured by the flood insur-
ance program;’’ for ‘‘include any organizations and per-
sons authorized to engage in the insurance business
under the laws of any State;’’.
Subsec. (a)(6). Pub. L. 112–141, § 100238(b)(1), sub-
stituted ‘‘Administrator’’ for ‘‘Director’’ in two places.
Subsec. (a)(9). Pub. L. 112–141, § 100238(b)(3), struck out
‘‘the Office of Thrift Supervision,’’ after ‘‘the Comp-
troller of the Currency,’’.
Subsecs. (a)(15), (b), (c). Pub. L. 112–141, § 100238(b)(1),
substituted ‘‘Administrator’’ for ‘‘Director’’.
2004—Subsec. (a)(7). Pub. L. 108–264, § 105(b)(1), added
par. (7) and struck out former par.
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4122
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