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42 U.S.C. § 4101a — Services by insurance industry

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

42 U.S.C. § 4101a — Services by insurance industry

**(a) Contracting for services and facilities** In administering the flood insurance program under this subchapter, the Administrator 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4018&num=0&edition=prelim). **(b) Certain laws inapplicable to contracting** Any such contracts, agreements, or other arrangements may be entered into without regard to the provisions of [section 6101 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6101&num=0&edition=prelim) or any other provision of law requiring competitive bidding and without regard to the provisions of chapter 10 of title 5. **(c) Hold harmless** The Administrator 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 err

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Stable record: federal_law:legal_authorities:record_usc_676cca3c7a28a89a934bcd52
Source file: Laws/federal/codes/united-states-code/title-42/section-4101a-services-by-insurance-industry--4cf29585f6.md
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Source location: Title 42, Chapter 50, § 4101a; chapter-050-national-flood-insurance.md

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**(a) Contracting for services and facilities** In administering the flood insurance program under this subchapter, the Administrator 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4018&num=0&edition=prelim). **(b) Certain laws inapplicable to contracting** Any such contracts, agreements, or other arrangements may be entered into without regard to the provisions of [section 6101 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6101&num=0&edition=prelim) or any other provision of law requiring competitive bidding and without regard to the provisions of chapter 10 of title 5. **(c) Hold harmless** The Administrator 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 Administrator of the Federal Emergency Management Agency may not hold harmless or indemnify an agent or broker for his or her error or omission. **(d) FEMA authority on transfer of policies** Notwithstanding any other provision of this chapter, the Administrator may, at the discretion of the Administrator, refuse to accept the transfer of the administration of policies for coverage under the flood insurance program under this chapter that are written and administered by any insurance company or other insurer, or any insurance agent or broker. **(e) Risk transfer** The Administrator may secure reinsurance of coverage provided by the flood insurance program from the private reinsurance and capital markets 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.

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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

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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. § 4004 — No cause of action

No cause of action shall exist and no claim may be brought against the United States for violation of any notification requirement imposed upon the United States by this subtitle or any amendment made by this subtitle.

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

12 U.S.C. § 3701 — Findings and purpose

**(a)** The Congress finds that— (1) disparate State laws under which the Secretary of Housing and Urban Development forecloses multifamily mortgages burden the programs administered by the Secretary pursuant to these authorities, and cause detriment to the residents of the affected projects and the community generally; (2) long periods to complete the foreclosure of these mortgages under certain State laws lead to deterioration in the condition of the properties involved; necessitate substantial Federal management and holding expenditures; increase the risk of vandalism, fire loss, depreciation, damage, and waste with respect to the properties; and adversely affect the residents of the projects and the neighborhoods in which the properties are located; (3) these conditions seriously impair the Secretary’s ability to protect the Federal financial interest in the affected properties and frustrate attainment of the objectives of the underlying Federal program authorities, as well as the national housing goal of “a decent home and a suitable living environment for every American family”; (4) application of State redemption periods to these mortgages following their foreclosure would impair the salability of the properties involved and discourage their rehabilitation and improvement, thereby compounding the problems referred to in clause (3); (5) the availability of a uniform and more expeditious procedure for the foreclosure of these mortgages by the Secretary and continuation of the practice of not applying postsale redemption periods to such mortgages will tend to ameliorate these conditions; and (6) providing the Secretary with a nonjudicial foreclosure procedure will reduce unnecessary litigation by removing many foreclosures from the courts where they contribute

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

41 U.S.C. § 6101 — Advertising requirement for Federal Government purchases and sales

**(a) Definitions.—** In this section— (1) **Appropriation.—** — The term “appropriation” includes amounts made available by legislation under [section 9104 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9104&num=0&edition=prelim). (2) **Federal government.—** — The term “Federal Government” includes the government of the District of Columbia. **(b) Purchases.—** (1) **In general.—** — Unless otherwise provided in the appropriation concerned or other law, purchases and contracts for supplies or services for the Federal Government may be made or entered into only after advertising for proposals for a sufficient time. (2) **Limitations on applicability.—** — Paragraph (1) does not apply when— (A) the amount involved in any one case does not exceed $25,000; (B) public exigencies require the immediate delivery of articles or performance of services; (C) only one source of supply is available and the Federal Government purchasing or contracting officer so certifies; or (D) services are required to be performed by a contractor in person and are— (i) of a technical and professional nature; or (ii) under Federal Government supervision and paid for on a time basis. **(c) Sales.—** Except when otherwise authorized by law or when the reasonable value involved in any one case does not exceed $500, sales and contracts of sale by the Federal Government are governed by the requirements of this section for advertising. **(d) Application to Wholly Owned Government Corporations.—** For wholly owned Government corporations, this section applies only to administrative transactions.

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

42 U.S.C. § 4102a — National Flood Mapping Program

**(a) Reviewing, updating, and maintaining maps** The Administrator, in coordination with the Technical Mapping Advisory Council established under [section 4101a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4101a&num=0&edition=prelim), shall establish an ongoing program under which the Administrator shall review, update, and maintain National Flood Insurance Program rate maps in accordance with this section. **(b) Mapping** (1) **In general** — In carrying out the program established under subsection (a), the Administrator shall— (A) identify, review, update, maintain, and publish National Flood Insurance Program rate maps with respect to— (i) all populated areas and areas of possible population growth located within the 100-year floodplain; (ii) all populated areas and areas of possible population growth located within the 500-year floodplain; (iii) areas of residual risk, including areas that are protected by levees, dams, and other flood control structures; (iv) areas that could be inundated as a result of the failure of a levee, dam, or other flood control structure; (v) areas that are protected by non-structural flood mitigation features; and (vi) the level of protection provided by flood control structures and by non-structural flood mitigation features; (B) 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 such area; and (C) use, in identifying, reviewing, updating, maintaining, or publishing any National Flood Insurance Program rate map required under this section or under the National Flood Insurance Act of 1968 ([42 U.S.C. 4011](https://uscode.house.

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

42 U.S.C. § 4101a — Technical Mapping Advisory Council

Page 6062 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4101a from interested persons in each region relating to the information, data, and accreditation require- ments described in subparagraph (A). ‘‘(3) CONSIDERATIONS.—In developing the process under paragraph (2), the task force shall consider changes to— ‘‘(A) the information and data collected by or for the Corps of Engineers under the Inspection of Completed Works Program; and ‘‘(B) the flood protection structure accreditation requirements. ‘‘(4) RULE OF CONSTRUCTION.—Nothing in this sec- tion shall be construed to require a reduction in the level of public safety and flood control provided by accredited levees, as determined by the Adminis- trator for purposes of this section. ‘‘(c) IMPLEMENTATION.—The Administrator and the Secretary of the Army, acting through the Chief of En- gineers, shall implement the process developed by the task force under subsection (b) not later than 1 year after the date of enactment of this Act [July 6, 2012] and shall complete the process under subsection (b) not later than 2 years after the date of enactment of this Act. ‘‘(d) REPORTS.—The Administrator and the Secretary of the Army, acting through the Chief of Engineers, in cooperation with the National Committee on Levee Safety, shall jointly submit to the Committee on Bank- ing, Housing, and Urban Affairs and the Committee on Environment and Public Works of the Senate and the Committee on Financial Services, the Committee on Transportation and Infrastructure, and the Committee on Natural Resources of the House of Representatives reports concerning the activities of the task force and the implementation of the process developed by the task force under subsection (b), including— ‘‘(1) an interim report, no

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