42 U.S.C. § 4083 — Settlement of claims; arbitration

Page 6058 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4083 (c) Competitive bidding Any contract entered into under subsection (a) may be entered into without regard to section 6101 of title 41 or any other provision of law re- quiring competitive bidding. (d) Findings of Administrator No contract may be entered into under this section unless the Administrator finds that the pool, company, or organization will perform its obligations under the contract efficiently and effectively, and will meet such requirements as to financial responsibility, legal authority, and other matters as he finds pertinent. (e) Bond; liability of certifying officers and dis- bursing officers (1) Any such contract may require the pool, company, or organization or any of its officers or employees certifying payments or disbursing funds pursuant to the contract, or otherwise participating in carrying out the contract, to give surety bond to the United States in such amount as the Administrator may deem appro- priate. (2) No individual designated pursuant to a con- tract under this section to certify payments shall, in the absence of gross negligence or in- tent to defraud the United States, be liable with respect to any payment certified by him under this section. (3) No officer disbursing funds shall in the ab- sence of gross negligence or intent to defraud the United States, be liable with respect to any payment by him under this section if it was based upon a voucher signed by an individual designated to certify payments as provided in paragraph (2) of this subsection. (f) Term of contract; renewals; termination Any contract entered into under this section shall be for a term of one year, and may be made automatically renewable from term to term in the absence of notice by either party of an in- tention to terminate at the end of the current term; except that the Administrator may termi- nate any such contract at any time (after rea- sonable notice to the pool, company, or organi- zation involved) if he finds that the pool, com- pany, or organization has failed substantially to carry out the contract, or is carrying out the contract in a manner inconsistent with the effi- cient and effective administration of the flood insurance program authorized under this chap- ter. (Pub. L. 90–448, title XIII, § 1346, Aug. 1, 1968, 82 Stat. 585; 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, §§ 100232(d)(4), 100238(b)(1), July 6, 2012, 126 Stat. 954, 958.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(5) and (f), was in the original a reference to ‘‘this title’’ meaning title XIII of Pub. L. 90–448, Aug. 1, 1968, 82 Stat. 572, known as the National Flood Insurance Act of 1968, which is classified principally 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. CODIFICATION In subsec. (c), ‘‘section 6101 of title 41’’ substituted for ‘‘section 3709 of the Revised Statute (41 U.S.C. 5)’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. AMENDMENTS 2012—Subsec. (a). Pub. L. 112–141, § 100238(b)(1), sub- stituted ‘‘Administrator’’ for ‘‘Director’’ in introduc- tory provisions. Pub. L. 112–141, § 100232(d)(4)(A), inserted ‘‘securing re- insurance of insurance coverage provided by the pro- gram or for the purpose of’’ after ‘‘for the purpose of’’ in introductory provisions. Subsec. (a)(1). Pub. L. 112–141, § 100232(d)(4)(B), sub- stituted ‘‘Estimating’’ for ‘‘estimating’’ and period for semicolon at end. Subsec. (a)(2). Pub. L. 112–141, § 100238(b)(1), sub- stituted ‘‘Administrator’’ for ‘‘Director’’. Pub. L. 112–141, § 100232(d)(4)(C), substituted ‘‘Receiv- ing’’ for ‘‘receiving’’ and period for semicolon at end. Subsec. (a)(3). Pub. L. 112–141, § 100232(d)(4)(D)(ii), which directed substitution of period for ‘‘ ‘; and’ ’’ was executed by making the substitution for ‘‘; and’’ to re- flect the probable intent of Congress. Pub. L. 112–141, § 100232(d)(4)(D)(i), substituted ‘‘Mak- ing’’ for ‘‘making’’. Subsec. (a)(4). Pub. L. 112–141, § 100232(d)(4)(G), added par. (4). Former par. (4) redesignated (5). Subsec. (a)(5). Pub. L. 112–141, § 100232(d)(4)(E), (F), re- designated par. (4) as (5) and substituted ‘‘Otherwise’’ for ‘‘otherwise’’. Subsecs. (b), (d), (e)(1), (f). Pub. L. 112–141, § 100238(b)(1), substituted ‘‘Administrator’’ for ‘‘Direc- tor’’ wherever appearing. 1983—Subsecs. (a), (b), (d), (e)(1), (f). Pub. L. 98–181 substituted ‘‘Director’’ for ‘‘Secretary’’ wherever ap- pearing. 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) of Title 6, Domestic Security. For transfer of functions, personnel, assets, and li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 4083. Settlement of claims; arbitration (a) The Administrator is authorized to make final settlement of any claims or demands which may arise as a result of any financial trans- actions which he is authorized to carry out under this subchapter, and may, to assist him in making any such settlement, refer any disputes relating to such claims or demands to arbitra- tion, with the consent of the parties concerned. (b) Such arbitration shall be advisory in na- ture, and any award, decision, or recommenda- Page 6059 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4101 tion which may be made shall become final only upon the approval of the Administrator. (Pub. L. 90–448, title XIII, § 1347, Aug. 1, 1968, 82 Stat. 586; 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’’ in subsecs. (a) and (b). 1983—Pub. L. 98–181 substituted ‘‘Director’’ for ‘‘Sec- retary’’ in subsecs. (a) and (b). 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) of Title 6, Domestic Security. For transfer of functions, personnel, assets, and li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 4084. Records and audits (a) The flood insurance pool formed or other- wise created under part A of this subchapter, and any insurance company or other private or- ganization executing any contract, agreement, or other appropriate arrangement with the Ad- ministrator under part B of this subchapter or this part, shall keep such records as the Admin- istrator shall prescribe, including records which fully disclose the total costs of the program un- dertaken or the services being rendered, and such other records as will facilitate an effective audit. (b) The Administrator and the Comptroller General of the United States, or any of their duly authorized representatives, shall have ac- cess for the purpose of audit and examination to any books, documents, papers, and records of the pool and any such insurance company or other private organization that are pertinent to the costs of the program undertaken or the serv- ices being rendered. (Pub. L. 90–448, title XIII, § 1348, Aug. 1, 1968, 82 Stat. 586; 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’’ wherever appearing. 1983—Pub. L. 98–181 substituted ‘‘Director’’ for ‘‘Sec- retary’’ wherever appearing. 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) of Title 6, Domestic Security. For transfer of functions, personnel, assets, and li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. SUBCHAPTER III—COORDINATION OF FLOOD INSURANCE WITH LAND-MANAGE- MENT PROGRAMS IN FLOOD-PRONE AREAS § 4101. Identification of flood-prone areas (a) Publication of information; establishment of flood-risk zones; estimates of flood-caused loss The Administrator is authorized to consult with, receive information from, and enter into any agreements or other arrangements with the Secretaries of the Army, the Interior, Agri- culture, and Commerce, the Tennessee Valley Authority, and the heads of other Federal de- partments or agencies, on a reimbursement basis, or with the head of any State or local agency, or enter into contracts with any persons or private firms, in order that he may— (1) identify and publish information with re- spect to all flood plain areas, including coastal areas located in the United States, which has special flood hazards, within five years fol- lowing August 1, 1968, and (2) establish or update flood-risk zone data in all such areas, and make estimates with re- spect to the rates of probable flood caused loss for the various flood risk zones for each of these areas until the date specified in section 4026 of this title. (b) Accelerated identification of flood-risk zones; authority of Administrator: grants, technical assistance, transactions, and payments The Administrator is directed to accelerate the identification of risk zones within flood- prone and mudslide-prone areas, as provided by subsection (a)(2) of this section, in order to