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42 U.S.C. § 4101 — Adjustment and payment of claims; judicial review; limitations; jurisdiction
Federal law — U.S. Code and appendices · legal_authorities
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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Stable record: federal_law:legal_authorities:record_usc_f37817716a4c4d69b41e294b
Source file: Laws/federal/codes/united-states-code/title-42/section-4101-adjustment-and-payment-of-claims-judicial-review-limitations-jurisdictio--b08d04658c.md
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Passage SHA-256: 04886ed3833a128871286b153b6493a432637d2745439f2cade955c50abf9731
Source location: Title 42, Chapter 50, § 4101; chapter-050-national-flood-insurance.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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 requireme
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4071
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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
**(a) Establishment** The Secretary, in consultation with the Administrator, shall carry out a levee safety initiative.
**(b) Management** The Secretary shall appoint—
(1) an administrator of the levee safety initiative; and
(2) such staff as are necessary to implement the initiative.
**(c) Levee safety guidelines**
(1) **Establishment** — Not later than 1 year after December 16, 2016, the Secretary, in consultation with the Administrator and in coordination with State, regional, local, and tribal governments and organizations with expertise in levee safety, shall establish a set of voluntary, comprehensive, national levee safety guidelines that—
(A) are available for common, uniform use by all Federal, State, regional, local, and tribal agencies;
(B) incorporate policies, procedures, standards, and criteria for a range of levee types, canal structures, and related facilities and features; and
(C) provide for adaptation to local, regional, or watershed conditions.
(2) **Requirement** — The policies, procedures, standards, and criteria under paragraph (1)(B) shall be developed taking into consideration the levee hazard potential classification system established under subsection (d).
(3) **Incorporation** — The guidelines shall address, to the maximum extent practicable—
(A) the activities and practices carried out by State, regional, local, and tribal governments and the private sector to safely build, regulate, operate, and maintain levees; and
(B) Federal activities that facilitate State, regional, or tribal efforts to develop and implement effective State, regional, or tribal programs for the safety of levees, including levee inspection, levee rehabilitation, locally developed floodplain management, and public education and training programs.
(
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 3303a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Implementation of Flood Protection Structure Accreditation Task Force** In carrying out section 100226 of Public Law 112–141 ([42 U.S.C. 4101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4101&num=0&edition=prelim) note; 126 Stat. 942), the Secretary shall—
(1) ensure that at least 1 program activity carried out for levee systems under the levee safety and dam safety programs of the Corps of Engineers provides adequate information to the Secretary to reach a levee accreditation decision under section 65.10 of title 44, Code of Federal Regulations (or successor regulation);
(2) to the maximum extent practicable, carry out the activities referred to in paragraph (1) in alignment with the schedule established for the national flood insurance program established under chapter I of the National Flood Insurance Act of 1968 ([42 U.S.C. 4011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4011&num=0&edition=prelim) et seq.); and
(3) in the case of a levee system that is operated and maintained by the Corps of Engineers, to the maximum extent practicable, cooperate with local governments seeking a levee accreditation decision for the levee to provide information necessary to support the accreditation decision in a timely manner.
**(b) Accelerated levee system evaluations**
(1) **In general** — On receipt of a request from a non-Federal interest, the Secretary may carry out a levee system evaluation of a federally authorized levee for purposes of the national flood insurance program established under chapter 1 11 So in original. Probably should be “chapter I”. of the National Flood Insurance Act of 1968 ([42 U.S.C. 4011](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4011&num=0&edi
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4005
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Studies and investigations** The Administrator is authorized to undertake and carry out such studies and investigations and receive or exchange such information as may be necessary to estimate, and shall from time to time estimate, on an area, subdivision, or other appropriate basis—
(1) the risk premium rates for flood insurance which—
(A) based on consideration of—
(i) the risk involved and accepted actuarial principles; and
(ii) the flood mitigation activities that an owner or lessee has undertaken on a property, including differences in the risk involved due to land use measures, floodproofing, flood forecasting, and similar measures, and
(B) including—
(i) the applicable 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) and reflected in such rates,
(ii) any administrative expenses (or portion of such expenses) of carrying out the flood insurance program which, in his discretion, should properly be reflected in such rates,
(iii) any remaining administrative expenses incurred in carrying out 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)) not included under clause (ii), which shall be recovered by a fee charged to policyholders and such fee shall not be subject to any agents’ commissions, company expense allowances, or State or local premium taxes, and
(iv) all costs, as prescribed by principles and standards of practice in ratemaking adopted by the American Academy of Actuaries and th
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4017a
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(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
**(a) In general** The Administrator is authorized to prescribe regulations establishing the general method or methods by which proved and approved claims for losses may be adjusted and paid for any damage to or loss of property which is covered by flood insurance made available under the provisions of this chapter.
**(b) Minimum annual deductible**
(1) **Pre-firm properties** — For any structure which is covered by flood insurance under this chapter, and on which construction or substantial improvement occurred on or before December 31, 1974, or before the effective date of an initial flood insurance rate map published by the Administrator under [section 4101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4101&num=0&edition=prelim) for the area in which such structure is located, the minimum annual deductible for damage to such structure shall be—
(A) $1,500, if the flood insurance coverage for such structure covers loss of, or physical damage to, such structure in an amount equal to or less than $100,000; and
(B) $2,000, if the flood insurance coverage for such structure covers loss of, or physical damage to, such structure in an amount greater than $100,000.
(2) **Post-firm properties** — For any structure which is covered by flood insurance under this chapter, and on which construction or substantial improvement occurred after December 31, 1974, or after the effective date of an initial flood insurance rate map published by the Administrator under [section 4101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4101&num=0&edition=prelim) for the area in which such structure is located, the minimum annual deductible for damage to such structure shall be—
(A) $1,000, if the
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4024
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Federal law — U.S. Code and appendices · legal_authorities
In carrying out his responsibilities under the provisions of this title 11 See References in Text note below. and the National Flood Insurance Act of 1968 [[42 U.S.C. 4001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4001&num=0&edition=prelim) et seq.] which relate to notification to and identification of flood-prone areas and the application of criteria for land management and use, including criteria derived from data reflecting new developments that may indicate the desirability of modifying elevations based on previous flood studies, the Administrator shall establish procedures assuring adequate consultation with the appropriate elected officials of general purpose local governments, including but not limited to those local governments whose prior eligibility under the program has been suspended. Such consultation shall include, but not be limited to, fully informing local officials at the commencement of any flood elevation study or investigation undertaken by any agency on behalf of the Administrator concerning the nature and purpose of the study, the areas involved, the manner in which the study is to be undertaken, the general principles to be applied, and the use to be made of the data obtained. The Administrator shall encourage local officials to disseminate information concerning such study widely within the community, so that interested persons will have an opportunity to bring all relevant facts and technical data concerning the local flood hazard to the attention of the agency during the course of the study.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4125
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