42 U.S.C. § 4071

Federal operation of program; determination by Administrator; fiscal agents; report to Congress

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 42 CasesGoogle Scholar

(a) 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—(1) insurance companies and other insurers, insurance agents and brokers, and insurance adjustment organizations, as fiscal agents of the United States,(2) 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(3) both the alternatives specified in paragraphs (1) and (2).(b) 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—(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 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.(Pub. L. 90–448, title XIII, § 1340, Aug. 1, 1968, 82 Stat. 584; Pub. L. 98–181, title I [title IV, § 451(d)(1), (4)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 101–137, § 3, Nov. 3, 1989, 103 Stat. 824; Pub. L. 112–141, div. F, title II, § 100238(b)(1), July 6, 2012, 126 Stat. 958.)Editorial NotesReferences 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, 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

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 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 148 cases (24 in the last 5 years), 1975–2026 · leading case: C.E.R. 1988, Inc. v. The Aetna Casualty and Surety Company

Sort: Relevance Newest Treatment

C.E.R. 1988, Inc. v. The Aetna Casualty and Surety Company (2004) ca3 · cites it 5× “As of January 1, 1978, however, the Government bears full responsibility for the Program pursuant to 42 U.S.C. § 4071 . Under “Part B” of the NFIA, FEMA “carries] out the program of flood insurance authorized under [the NFIA] through the facilities of the Federal Government.”

Paul Palmieri, Plaintiff-Appellant-Cross-Appellee v. Allstate Insurance Company, Defendant-Appellee-Cross-Appellant (2006) ca2 · cites it 3× “These private insurers may act as ‘fiscal agents of the United States,’ 42 U.S.C. § 4071 (a)(1), but they are not general agents.”

Irene Flick v. Liberty Mutual Fire Insurance Company (2000) ca9 · cites it 3× “” 42 U.S.C. § 4071 . Initially, the NFIP was implemented under Part A and administered by an associated pool of private insurance companies pursuant to an annual contract with HUD.”

Shuford v. Fidelity National Property & Casualty Insurance (2007) ca11 · cites it 2× “See 42 U.S.C. § 4071 (a)(1). The Standard Policy provided as follows that only the Federal Insurance Administrator could alter its terms: “This policy cannot be changed nor can any of its provisions be waived without the express written consent of the Federal Insurance…”

Ali Ekhlassi v. National Lloyds Insurance Co. (2019) ca5 · cites it 5× “This action concerns the Act’s government program, 42 U.S.C. §§ 4071– 72, which allows private insurance companies (as WYO carriers) to issue and administer flood-insurance policies underwritten by the Government.”

Gallup v. Omaha Property & Casualty Insurance (2005) ca5 · cites it 2× “42 U.S.C. § 4071 . FEMA by regulation promulgated the Standard Flood Insurance Policy (“SFIP”) and provided for marketing and claims adjustment by private insurers operating as “Write Your Own” (“WYO”) companies.”

Moffett v. Computer Sciences Corp. (2006) mdd · cites it 3× “3); see also 42 U.S.C. § 4071 (a); see also Battle v. Seibels Bruce Ins.”

Allen B. Suopys v. Omaha Property & Casualty (2005) ca3 · cites it 2× “23 (2003); 42 U.S.C. § 4071 (a)(1) (2003) (authorizing FEMA director to utilize insurance companies as fiscal agents of the United States).”

Wright v. Allstate Insurance (2005) ca5 “42 U.S.C. §§ 4071 (a)(1), 4081(a). After Tropical Storm Allison struck Houston in 2001, Wright filed a claim on his SFIP.”

Edgar Allen Gibson and Leslie Gibson v. American Bankers Insurance Company (2002) ca6 “42 U.S.C. § 4071 (a)(1). Second, FEMA regulations require a WYO company to defend claims but assure that FEMA will reimburse the WYO company for defense costs.”

MARSEILLES HOMEOWNERS CONDOMINIUM ASSOCIATION, INC. v. Fidelity Nat. Ins. Co. (2008) ca5 “After Hurricane Katrina, the insured property suffered damage due to flood water. Marseilles filed a claim under its policy with Fidelity.”

National Flood Insurers Ass'n v. Harris (1977) dcd · cites it 4× “With respect to the report submitted by the Secretary to Congress per 42 U.S.C. § 4071 , this Court will not evaluate the substance of that report or substitute its judgment for that of the Secretary or the Congress.”

Show all 148 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.