Title 42 — The Public Health and Welfare
Part B · Chapter 50 — National Flood Insurance
§ 4071. Federal operation of program; determination by Administrator; fiscal agents; report to Congress
Statutory text
If at any time, after consultation with representatives of the insurance industry, the Administrator determines that operation of the flood insurance program as provided under part A cannot be carried out, or that such operation, in itself, would be assisted materially by the Federal Government’s assumption, in whole or in part, of the operational responsibility for flood insurance under this chapter (on a temporary or other basis) he shall promptly undertake any necessary arrangements to carry out the program of flood insurance authorized under subchapter I through the facilities of the Federal Government, utilizing, for purposes of providing flood insurance coverage, either—
insurance companies and other insurers, insurance agents and brokers, and insurance adjustment organizations, as fiscal agents of the United States,
such other officers and employees of any executive agency (as defined in section 105 of title 5) as the Administrator and the head of any such agency may from time to time, agree upon, on a reimbursement or other basis, or
both the alternatives specified in paragraphs (1) and (2).
Upon making the determination referred to in subsection (a), the Administrator shall make a report to the Congress and, at the same time, to the private insurance companies participating in the National Flood Insurance Program pursuant to section 4017 of this title. Such report shall—
state the reason for such determinations,
be supported by pertinent findings,
indicate the extent to which it is anticipated that the insurance industry will be utilized in providing flood insurance coverage under the program, and
contain such recommendations as the Administrator deems advisable.
The Administrator shall not implement the program of flood insurance authorized under subchapter I through the facilities of the Federal Government until 9 months after the date of submission of the report under this subsection unless it would be impossible to continue to effectively carry out the National Flood Insurance Program operations during this time.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
National Flood Insurance Act of 1968
Pub. L. 90–448 title XIII § 1340 · 82 Stat. 476
Enacted · 42 U.S.C. § 4071
Pub. L. 90–448, title XIII, § 1340, Aug. 1, 1968, 82 Stat. 584
Source evidence
Code source credit
Pub. L. 90–448, title XIII, § 1340, Aug. 1, 1968, 82 Stat. 584Enacted provision · exact public law section
Sec. 1340. federal operation of the program (a) If at any time, after consultation with representatives of the insurance industry, the Secretary determines that operation of the flood insurance program as provided under part A cannot be carried out, or that such operation, in itself, would be assisted materially by the Federal Government’s assumption, in whole or in part, of the operational responsibility for flood insurance under this title (on a temporary or other basis) he shall promptly undertake any necessary arrangements to carry out the program of flood insurance authorized Ante, p. 574. under chapter I through the facilities of the Federal Government, utilizing, for purposes of providing flood insurance coverage, either— (1) insurance companies and other insurers, insurance agents and brokers, and insurance adjustment organizations, as fiscal agents of the United States, (2) officers and employees of the Department of Housing and Urban Development, and such other officers and employees of any executive agency (as defined in section 105 of title 5 of the United 80 stat. 379. States Code) as the Secretary and the head of any such agency may from time to time, agree upon, on a reimbursement or other basis, or (3) both the alternatives specified in paragraphs (1) and (2). (b) Upon making the determination referred to in subsection (a), and at least thirty days prior to implementing the program of flood insurance authorized under chapter I through the facilities of the Federal Government, the Secretary shall make a report to the Congress and such report shall— (1) state the reasons for such determination, (2) be supported by pertinent findings, (3) indicate the extent to which it is anticipated that the insurance industry will be utilized in providing flood insurance coverage under the program, and (4) contain such recommendations as the Secretary deems advisable.Rural Housing Amendments of 1983
Pub. L. 98–181 § 451(d)(1) · 97 Stat. 1153
Substituted · 42 U.S.C. § 4071(a)
Pub. L. 98–181, § 451(d)(1), in provisions preceding par. (1), substituted “Director” for “Secretary”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 98–181, § 451(d)(1), in provisions preceding par. (1), substituted “Director” for “Secretary”.Enacted provision · exact public law section
(1) The National Flood Insurance Act of 1968 is amended by 42 USC 4001 note. striking out “Secretary” and “Secretary’s” each place they appear therein (other than as a reference to a Secretary other than the Secretary of Housing and Urban Development) and inserting in lieu thereof “Director” and “Director’s”, respectively.Rural Housing Amendments of 1983
Pub. L. 98–181 § 451(d)(4) · 97 Stat. 1153
Struck · 42 U.S.C. § 4071(a)(2)
Pub. L. 98–181, § 451(d)(4), struck out “officers and employees of the Department of Housing and Urban Development, and” before “such other officers”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 98–181, § 451(d)(4), struck out “officers and employees of the Department of Housing and Urban Development, and” before “such other officers”.Enacted provision · exact public law section
(4) Section 1340(a)(2) of such Act is amended by striking out 42 USC 4071. “officers and employees of the Department of Housing and Urban Development, and”.Rural Housing Amendments of 1983
Pub. L. 98–181 § 451(d)(1) · 97 Stat. 1153
Substituted · 42 U.S.C. § 4071(a)(2)
Pub. L. 98–181, § 451(d)(1), substituted “Director” for “Secretary”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 98–181, § 451(d)(1), substituted “Director” for “Secretary”.Enacted provision · exact public law section
(1) The National Flood Insurance Act of 1968 is amended by 42 USC 4001 note. striking out “Secretary” and “Secretary’s” each place they appear therein (other than as a reference to a Secretary other than the Secretary of Housing and Urban Development) and inserting in lieu thereof “Director” and “Director’s”, respectively.Rural Housing Amendments of 1983
Pub. L. 98–181 § 451(d)(1) · 97 Stat. 1153
Substituted · 42 U.S.C. § 4071(b)
Pub. L. 98–181, § 451(d)(1), substituted “Director” for “Secretary” wherever appearing
Source evidence
Code amendment note
Subsec. (b). Pub. L. 98–181, § 451(d)(1), substituted “Director” for “Secretary” wherever appearing.Enacted provision · exact public law section
(1) The National Flood Insurance Act of 1968 is amended by 42 USC 4001 note. striking out “Secretary” and “Secretary’s” each place they appear therein (other than as a reference to a Secretary other than the Secretary of Housing and Urban Development) and inserting in lieu thereof “Director” and “Director’s”, respectively.Pub. L. 101–137 § 3 · 103 Stat. 824
Amended · 42 U.S.C. § 4071(b)
Pub. L. 101–137 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Upon making the determination referred to in subsection (a) of this section, and at least thirty days prior to implementing the program of flood insurance authorized under subchapter I of this chapter through the facilities of the Federal Government, the Director shall make a report to the Congress and such report shall—
Source evidence
Code amendment note
Subsec. (b). Pub. L. 101–137 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Upon making the determination referred to in subsection (a) of this section, and at least thirty days prior to implementing the program of flood insurance authorized under subchapter I of this chapter through the facilities of the Federal Government, the Director shall make a report to the Congress and such report shall—“(1) state the reasons for such determination, “(2) be supported by pertinent findings, “(3) indicate the extent to which it is anticipated that the insurance industry will be utilized in providing flood insurance coverage under the program, and “(4) contain such recommendations as the Director deems advisable.”
Enacted provision · exact public law section
SEC. 3. REPORT ON FEDERAL ASSUMPTION OF FLOOD INSURANCE PROGRAM. Section 1340(b) of the National Flood Insurance Act of 1968 (42 U.S.C. 4071(b)) is amended to read as follows: “(b) Upon making the determination referred to in subsection (a), the Director shall make a report to the Congress and, at the same time, to the private insurance companies participating in the National Flood Insurance Program pursuant to section 1310 of this Act. Such report shall— “(1) state the reason for such determinations, “(2) be supported by pertinent findings, “(3) indicate the extent to which it is anticipated that the insurance industry will be utilized in providing flood insurance coverage under the program, and “(4) contain such recommendations as the Director deems advisable. The Director shall not implement the program of flood insurance authorized under chapter I through the facilities of the Federal Government until 9 months after the date of submission of the report under this subsection unless it would be impossible to continue to effectively carry out the National Flood Insurance Program operations during this time.”.Biggert-Waters Flood Insurance Reform Act of 2012
Pub. L. 112–141 div. F title II § 100238(b)(1) · 126 Stat. 405
Substituted · 42 U.S.C. § 4071
Pub. L. 112–141 substituted “Administrator” for “Director” wherever appearing in text
Source evidence
Code amendment note
Pub. L. 112–141 substituted “Administrator” for “Director” wherever appearing in text.Enacted provision · exact public law section
(1) by striking “Director” each place that term appears and inserting “Administrator”;
7 of 7 references resolved to an enrolled provision
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original a reference to “this title” meaning title XIII of Pub. L. 90–448, , 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.
Amendments1983–2012 · 3 rounds
2012
Pub. L. 112–141 substituted “Administrator” for “Director” wherever appearing in text.
1989
Subsec. (b). Pub. L. 101–137 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Upon making the determination referred to in subsection (a) of this section, and at least thirty days prior to implementing the program of flood insurance authorized under subchapter I of this chapter through the facilities of the Federal Government, the Director shall make a report to the Congress and such report shall—
“(1) state the reasons for such determination,
“(2) be supported by pertinent findings,
“(3) indicate the extent to which it is anticipated that the insurance industry will be utilized in providing flood insurance coverage under the program, and
“(4) contain such recommendations as the Director deems advisable.”
1983
Subsec. (a). Pub. L. 98–181, § 451(d)(1), in provisions preceding par. (1), substituted “Director” for “Secretary”.
Subsec. (a)(2). Pub. L. 98–181, § 451(d)(4), struck out “officers and employees of the Department of Housing and Urban Development, and” before “such other officers”.
Pub. L. 98–181, § 451(d)(1), substituted “Director” for “Secretary”.
Subsec. (b). Pub. L. 98–181, § 451(d)(1), substituted “Director” for “Secretary” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 120 days following , or such later date prescribed by the Secretary but in no event more than 180 days following , see section 1377 of Pub. L. 90–448, set out as a note under section 4001 of this title.
Transfer of Functions
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency 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 liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6.
Credits
1968–2012 · 4 acts
- 1968Pub. L. 90–448, title XIII, § 1340, , 82 Stat. 584
- 1983Pub. L. 98–181, title I [title IV, § 451(d)(1), (4)], , 97 Stat. 1229
- 1989Pub. L. 101–137, § 3, , 103 Stat. 824
- 2012Pub. L. 112–141, div. F, title II, § 100238(b)(1), , 126 Stat. 958.
Show as published
(Pub. L. 90–448, title XIII, § 1340, , 82 Stat. 584; Pub. L. 98–181, title I [title IV, § 451(d)(1), (4)], , 97 Stat. 1229; Pub. L. 101–137, § 3, , 103 Stat. 824; Pub. L. 112–141, div. F, title II, § 100238(b)(1), , 126 Stat. 958.)