
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC4071]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                  CHAPTER 50--NATIONAL FLOOD INSURANCE
 
   SUBCHAPTER II--ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE 
                                 PROGRAM
 
           Part B--Government Program With Industry Assistance
 
Sec. 4071. Federal operation of program; determination by 
        Director; fiscal agents; report to Congress
        
    (a) If at any time, after consultation with representatives of the 
insurance industry, the Director 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 
of this chapter 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 Director 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) of 
this section, 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 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 Director deems 
    advisable.

The Director shall not implement the program of flood insurance 
authorized under subchapter I of this chapter 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, Sec. 1340, Aug. 1, 1968, 82 Stat. 584; Pub. 
L. 98-181, title IV, Sec. 451(d)(1), (4), Nov. 30, 1983, 97 Stat. 1229; 
Pub. L. 101-137, Sec. 3, Nov. 3, 1989, 103 Stat. 824.)

                       References in Text

    This chapter, referred to in subsec. (a), is title XIII of Pub. L. 
90-448, Aug. 1, 1968, 82 Stat. 572, as amended, known as the National 
Flood Insurance Act of 1968, which enacted this chapter, amended section 
2414 of this title, repealed sections 2401 to 2413 and 2415 to 2421 of 
this title, and enacted provisions set out as a note under section 4001 
of this title. For complete classification of this Act to the Code, see 
Short Title note set out under section 4001 of this title and Tables.


                               Amendments

    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, Sec. 451(d)(1), in provisions 
preceding par. (1), substituted ``Director'' for ``Secretary''.
    Subsec. (a)(2). Pub. L. 98-181, Sec. 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, Sec. 451(d)(1), substituted ``Director'' for 
``Secretary''.
    Subsec. (b). Pub. L. 98-181, Sec. 451(d)(1), substituted 
``Director'' for ``Secretary'' wherever appearing.

                  Section Referred to in Other Sections

    This section is referred to in sections 4017, 4041, 4072 of this 
title.
