42 U.S.C. § 4020

Dissemination of flood insurance information

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The Administrator shall from time to time take such action as may be necessary in order to make information and data available to the public, and to any State or local agency or official, with regard to—(1) the flood insurance program, its coverage and objectives, and(2) estimated and chargeable flood insurance premium rates, including the basis for and differences between such rates in accordance with the provisions of section 4015 of this title.(Pub. L. 90–448, title XIII, § 1313, Aug. 1, 1968, 82 Stat. 579; 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 NotesAmendments

2012—Pub. L. 112–141 substituted “Administrator” for “Director” in introductory provisions.

1983—Pub. L. 98–181 substituted “Director” for “Secretary” in introductory provisions.

Statutory Notes and Related SubsidiariesEffective 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 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 November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Notes of Decisions

Cited in 13 cases, 1974–2006 · leading case: Commonwealth of Pennsylvania, by William Sheppard, Ins. Comm'r v. Nat'l Ass'n of Flood Insurers, an Unincorporated Ass'n, 520 F.2d 11 (3rd Cir. 1975).

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Commonwealth of Pennsylvania, by William Sheppard, Ins. Comm'r v. Nat'l Ass'n of Flood Insurers, an Unincorporated Ass'n, 520 F.2d 11 (3rd Cir. 1975). · cites it 5× “42 U.S.C. § 4020 . As with the other statutory provisions in the first Subchapter of the Act, 8 § 4020 speaks only as to what the Secretary is authorized to do.”

Common Cause of Montana v. Argenbright, 917 P.2d 425 (Mont. 1996). · cites it 4× “2d at 26 (citing 42 U.S.C. § 4020 ). This statute, like the Montana statute presently at issue, contains the mandatory "shall" followed by the "as necessary" language.”

Carlos Soler v. Roger F. Scott, Warden, Fci-Safford, Az United States Bureau of Prisons U.S. Immigr. & Naturalization Serv., 942 F.2d 597 (9th Cir. 1991). “2d at 26 (quoting 42 U.S.C. § 4020 (1988)). The court recognized that the phrase "as may be necessary" vested significant discretion in the Secretary to decide if and when information should be disseminated.”

Powers v. United States, 996 F.2d 1121 (11th Cir. 1993). · cites it 3× “” 42 U.S.C.A. § 4020 (West 1977 & Supp.1992).”

Schell v. Nat'l Flood Insurers Ass'n, 520 F. Supp. 150 (D. Colo. 1981). · cites it 2× “§ 2680 (a), (h) in support of their argument that Count I is barred by sovereign immunity. Section 2680(a) bars any claim by plaintiffs that the federal defendants improperly executed the National Flood Insurance Act, particularly 42 U.”

Commonwealth of Pa. v. Nat. Ass'n of Flood Insurers, 420 F. Supp. 221 (M.D. Penn. 1976). · cites it 4× “Lynn, Secretary of the Department of Housing and Urban Development (“HUD”) 2 and the United States of America (both referred to as the “federal defendants”), seeking to have this Court direct those defendants to perform their statutory duty under the National Flood Insurance…”

Commonwealth of Pa. v. Nat'l Ass'n of Flood Insurers, 378 F. Supp. 1339 (M.D. Penn. 1974). “The only provision of the Act which is at all concerned with publicity is found in 42 U.S.C. § 4020 . That section calls upon the Secretary, not the Association, from time to time, to take such action as may be necessary to make information available to the public.”

Carpet, Linoleum & Resilient Tile Layers, Local Union No. 419 v. Brown, 656 F.2d 564 (10th Cir. 1981). “§ 4020 : The Secretary shall from time to time take such action as may be necessary in order to make information and data available to the public, and to any State or local agency or official, with regard to— (1) the flood insurance program, its coverage and objectives .”

Powers v. United States, 787 F. Supp. 1397 (M.D. Ala. 1992). “42 U.S.C. § 4020 . Prior to filing the underlying action, the named plaintiffs filed administrative claims with FEMA.”

Pendleton v. Trans Union Sys. Corp., 430 F. Supp. 95 (E.D. Pa. 1977). “42 U.S.C. § 4020 provides as follows: “The Secretary shall from time to time take such action as may be necessary in order to make information and data available to the public and to any State or local agency or official, with regard to— (1) the flood insurance program .”

Clark v. Richardson, 431 F. Supp. 105 (D.N.J. 1977). “The statute under which plaintiffs sued, 42 U.S.C. § 4020 , stated that “[t]he Secretary shall from time to time take such action as may be necessary in order to make information and data available to the public, and to any State or local agency or official, with regard to — (1)…”

Lane v. United States, 918 F. Supp. 864 (E.D. Pa. 1996). · cites it 2× “42 U.S.C. § 4020 . The court concluded that Congress had not specifically prescribed a course of action for the Director of FEMA to follow, but rather, had given the Director discretion to decide when and how best to make information and data available to the public regarding…”

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