42 U.S.C. § 4126 — Administrative expenses

Page 6083 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4126 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. STUDY OF SINKHOLE INSURANCE Pub. L. 98–181, title I [title IV, § 453], Nov. 30, 1983, 97 Stat. 1230, permitted the Director of the Federal Emer- gency Management Agency to make a grant to a non- profit organization, educational institution, or State or local agency to study the feasibility of expanding the national flood insurance program to cover damage or loss arising from sinkholes and authorized appropria- tions. § 4123. Advance payments Any payments under this chapter may be made (after necessary adjustment on account of previously made underpayments or overpay- ments) in advance or by way of reimbursement, and in such installments and on such conditions, as the Administrator may determine. (Pub. L. 90–448, title XIII, § 1372, Aug. 1, 1968, 82 Stat. 589; 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 REFERENCES IN TEXT This chapter, referred to in text, 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 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. AMENDMENTS 2012—Pub. L. 112–141 substituted ‘‘Administrator’’ for ‘‘Director’’. 1983—Pub. L. 98–181 substituted ‘‘Director’’ for ‘‘Sec- retary’’. 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. § 4124. Applicability of fiscal controls The provisions of chapter 91 of title 31 shall apply to the program authorized under this chapter to the same extent as they apply to wholly owned Government corporations. (Pub. L. 90–448, title XIII, § 1373, Aug. 1, 1968, 82 Stat. 589; Pub. L. 98–479, title II, § 203(j)(3), Oct. 17, 1984, 98 Stat. 2231.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, 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 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. AMENDMENTS 1984—Pub. L. 98–479 substituted ‘‘chapter 91 of title 31’’ for ‘‘the Government Corporation Control Act’’. 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. § 4125. Finality of certain financial transactions Notwithstanding the provisions of any other law— (1) any financial transaction authorized to be carried out under this chapter, and (2) any payment authorized to be made or to be received in connection with any such finan- cial transaction, shall be final and conclusive upon all officers of the Government. (Pub. L. 90–448, title XIII, § 1374, Aug. 1, 1968, 82 Stat. 589.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in par. (1), was in the origi- nal 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 classi- fied principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 4001 of this title and Tables. 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. § 4126. Administrative expenses Any administrative expenses which may be sustained by the Federal Government in car- rying out the flood insurance and floodplain management programs authorized under this Page 6084 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4127 chapter may be paid with amounts from the Na- tional Flood Insurance Fund (as provided under section 4017(a)(4) of this title), subject to ap- proval in appropriations Acts. (Pub. L. 90–448, title XIII, § 1375, Aug. 1, 1968, 82 Stat. 589; Pub. L. 101–508, title II, § 2302(e)(4), Nov. 5, 1990, 104 Stat. 1388–25.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, 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 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. AMENDMENTS 1990—Pub. L. 101–508 substituted ‘‘and floodplain management programs authorized under this chapter may be paid with amounts from the National Flood In- surance Fund (as provided under section 4017(a)(4) of this title), subject to approval in appropriations Acts’’ for ‘‘program authorized under this chapter may be paid out of appropriated funds’’. 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. § 4127. Authorization of appropriations; avail- ability (a) There are hereby authorized to be appro- priated such sums as may from time to time be necessary to carry out this chapter, including sums— (1) to cover administrative expenses author- ized under section 4126 of this title; (2) to reimburse the National Flood Insur- ance Fund established under section 4017 of this title for— (A) premium equalization payments under section 4054 of this title which have been made from such fund; and (B) reinsurance claims paid under the ex- cess loss reinsurance coverage provided under section 4055 of this title; 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, for studies under this chapter. (Pub. L. 90–448, title XIII, § 1376, Aug. 1, 1968, 82 Stat. 589; Pub. L. 94–375, § 14(c), Aug. 3, 1976, 90 Stat. 1075; Pub. L. 95–128, title VII, § 702, Oct. 12, 1977, 91 Stat. 1144; Pub. L. 95–557, title III, § 309, Oct. 31, 1978, 92 Stat. 2098; Pub. L. 96–153, title VI, § 602(c), Dec. 21, 1979, 93 Stat. 1137; Pub. L. 96–399, title III, § 304, Oct. 8, 1980, 94 Stat. 1639; Pub. L. 97–35, title III, § 341(a), Aug. 13, 1981, 95 Stat. 418; Pub. L. 98–181, title I [title IV, § 451(c)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 100–242, title V, § 543, Feb. 5, 1988, 101 Stat. 1940; Pub. L. 101–137, § 4, Nov. 3, 1989, 103 Stat. 825; Pub. L. 104–204, title III, Sept. 26, 1996, 110 Stat. 2915; Pub. L. 105–65, title III, Oct. 27, 1997, 111 Stat. 1377; Pub. L. 105–276, title III, Oct. 21, 1998, 112 Stat. 2503; Pub. L. 106–74, title III, Oct. 20, 1999, 113 Stat. 1088; Pub. L. 106–377, § 1(a)(1) [title III], Oct. 27, 2000, 114 Stat. 1441, 1441A–47; Pub. L. 107–73, title III, Nov. 26, 2001, 115 Stat. 689; Pub. L. 108–3, § 2(a)(4), Jan. 13, 2003, 117 Stat. 7; Pub. L. 108–171, § 2(a)(4), Dec. 6, 2003, 117 Stat. 2064; Pub. L. 108–199, div. H, § 136(a)(4), Jan. 23, 2004, 118 Stat. 442; Pub. L. 108–264, title I, § 101(d), June 30, 2004, 118 Stat. 714.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (c), 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. AMENDMENTS 2004—Subsec. (c). Pub. L. 108–264 substituted ‘‘through the date specified in section 4026 of this title, for stud- ies under this chapter.’’ for ‘‘through the date specified in section 4026 of this title, for studies under this chap- ter. Any amount appropriated under this subsection shall remain available until expended.’’ Pub. L. 108–199 made amendment identical to that made by Pub. L. 108–171. See 2003 Amendment note below. 2003—Subsec. (c). Pub. L. 108–171 substituted ‘‘the date specified in section 4026 of this title’’ for ‘‘Decem- ber 31, 2003’’. Pub. L. 108–3 substituted ‘‘December 31, 2003’’ for ‘‘De- cember 31, 2002’’. 2001—Subsec. (c). Pub. L. 107–73 substituted ‘‘2002’’ for ‘‘2001’’. 2000—Subsec. (c). Pub. L. 106–377 substituted ‘‘Decem- ber 31, 2001’’ for ‘‘September 30, 2000’’. 1999—Subsec. (c). Pub. L. 106–74 substituted ‘‘2000’’ for ‘‘1999’’. 1998—Subsec. (c). Pub. L. 105–276 substituted ‘‘1999’’ for ‘‘1998’’. 1997—Subsec. (c). Pub. L. 105–65 substituted ‘‘such sums as may be necessary through September 30, 1998, for studies under this chapter’’ for ‘‘for studies under this chapter not to exceed $36,283,000 for fiscal year 1990, and such sums as may be necessary for fiscal year 1991’’. 1996—Subsec. (c). Pub. L. 104–204, which directed amendment of first sentence by substituting ‘‘such sums as may be necessary through September 30, 1997 for studies under this chapter.’’ for ‘‘this subsection’’ and all that follows, could not be executed because phrase ‘‘this subsection’’ does not appear in first sen- tence. 1989—Subsec. (c). Pub. L. 101–137 substituted provi- sions authorizing appropriations of not to exceed $36,283,000 for fiscal year 1990 and such sums as may be necessary for fiscal year 1991 for provisions authorizing appropriations of $37,000,000 for fiscal year 1988, and $37,000,000 for fiscal year 1989. 1988—Subsec. (c). Pub. L. 100–242 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as fol- lows: ‘‘There are authorized to be appropriated for studies under this chapter not to exceed $100,000,000 for the fiscal year 1977, not to exceed $108,000,000 for the fis- cal year 1978, not to exceed $114,000,000 for the fiscal year 1979, not to exceed $74,000,000 for the fiscal year