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42 U.S.C. § 4082 — Reinsurance coverage

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

42 U.S.C. § 4082 — Reinsurance coverage

**(a) Availability for excess losses** (1) **In general** — The Administrator 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4051&num=0&edition=prelim), 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). (2) **Private reinsurance** — The Administrator is authorized to secure reinsurance of coverage provided by the flood insurance program from the private market at rates and on terms determined by the Administrator to be reasonable and appropriate, in an amount sufficient to maintain the ability of the program to pay claims. **(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 Administrator finds necessary to cover anticipated losses and other costs of providing such reinsurance. **(c) Excess loss agreement; negotiation** The Administrator 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 ex

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Stable record: federal_law:legal_authorities:record_usc_4f476b0d63f072e6774a49be
Source file: Laws/federal/codes/united-states-code/title-42/section-4082-reinsurance-coverage--f8476bea04.md
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Source location: Title 42, Chapter 50, § 4082; chapter-050-national-flood-insurance.md

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**(a) Availability for excess losses** (1) **In general** — The Administrator 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4051&num=0&edition=prelim), 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). (2) **Private reinsurance** — The Administrator is authorized to secure reinsurance of coverage provided by the flood insurance program from the private market at rates and on terms determined by the Administrator to be reasonable and appropriate, in an amount sufficient to maintain the ability of the program to pay claims. **(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 Administrator finds necessary to cover anticipated losses and other costs of providing such reinsurance. **(c) Excess loss agreement; negotiation** The Administrator 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 Administrator.

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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.

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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. § 4051 — Colorado River Floodway

**(a) Renewal and transfer of policies; acquisition of policies after filing of maps** Owners of existing National Flood Insurance Act policies with respect to structures located within the Floodway established under [section 1600c of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1600c&num=0&edition=prelim) shall have the right to renew and transfer such policies. Owners of existing structures located within said Floodway on October 8, 1986, who have not acquired National Flood Insurance Act policies shall have the right to acquire policies with respect to such structures for six months after the Secretary of the Interior files the Floodway maps required by section 1600c(b)(2) 11 See References in Text note below. of title 43 and to renew and transfer such policies. **(b) New coverage for new construction or substantial improvements** No new flood insurance coverage may be provided under this chapter on or after a date six months after October 8, 1986, for any new construction or substantial improvements of structures located within the Colorado River Floodway established by [section 1600c of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1600c&num=0&edition=prelim). New construction includes all structures that are not insurable prior to that date. **(c) Establishment of temporary boundaries** The Secretary of the Interior may by rule after notice and comment pursuant to [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim) establish temporary Floodway boundaries to be in effect until the maps required by section 1600c(b)(2) 1 of title 43 are filed, for the purpose of enforcing subsections (b) and (d) of this section.

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

42 U.S.C. § 4082 — Use of insurance pool, companies, or

Page 6057 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4082 ‘‘(4) FAILURE TO COMPLY.—A property and casualty insurance company participating in the Write Your Own program which fails to comply with the report- ing requirement under this subsection or the require- ment under section 62.23(j)(1) of title 44, Code of Fed- eral Regulations (relating to biennial audit of the flood insurance financial statements) shall be subject to a civil penalty in an amount of not more than $1,000 per day for each day that the company remains in noncompliance with either such requirement. ‘‘(b) METHODOLOGY TO DETERMINE REIMBURSED EX- PENSES.—Not later than 180 days after the date of en- actment of this Act [July 6, 2012], the Administrator shall develop a methodology for determining the appro- priate amounts that property and casualty insurance companies participating in the Write Your Own pro- gram should be reimbursed for selling, writing, and servicing flood insurance policies and adjusting flood insurance claims on behalf of the National Flood Insur- ance Program. The methodology shall be developed using actual expense data for the flood insurance line and can be derived from— ‘‘(1) flood insurance expense data produced by the property and casualty insurance companies; ‘‘(2) flood insurance expense data collected by the National Association of Insurance Commissioners; or ‘‘(3) a combination of the methodologies described in paragraphs (1) and (2). ‘‘(c) SUBMISSION OF EXPENSE REPORTS.—To develop the methodology established under subsection (b), the Administrator may require each property and casualty insurance company participating in the Write Your Own program to submit a report to the Administrator, in a format determined by the Administrator and with- in 60 days

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