
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: 42USC4081]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                  CHAPTER 50--NATIONAL FLOOD INSURANCE
 
   SUBCHAPTER II--ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE 
                                 PROGRAM
 
                       Part C--General Provisions
 
Sec. 4081. Services by insurance industry; contracts, 
        agreements, or other arrangements
        
    (a) In administering the flood insurance program under this 
subchapter, the Director is authorized to enter into any contracts, 
agreements, or other appropriate arrangements which may, from time to 
time, be necessary for the purpose of utilizing, on such terms and 
conditions as may be agreed upon, the facilities and services of any 
insurance companies or other insurers, insurance agents and brokers, or 
insurance adjustment organizations; and such contracts, agreements, or 
arrangements may include provision for payment of applicable operating 
costs and allowances for such facilities and services as set forth in 
the schedules prescribed under section 4018 of this title.
    (b) Any such contracts, agreements, or other arrangements may be 
entered into without regard to the provisions of section 5 of title 41 
or any other provision of law requiring competitive bidding and without 
regard to the provisions of the Federal Advisory Committee Act (5 U.S.C. 
App.).
    (c) The Director of the Federal Emergency Management Agency shall 
hold any agent or broker selling or undertaking to sell flood insurance 
under this chapter harmless from any judgment for damages against such 
agent or broker as a result of any court action by a policyholder or 
applicant arising out of an error or omission on the part of the Federal 
Emergency Management Agency, and shall provide any such agent or broker 
with indemnification, including court costs and reasonable attorney 
fees, arising out of and caused by an error or omission on the part of 
the Federal Emergency Management Agency and its contractors. The 
Director of the Federal Emergency Management Agency may not hold 
harmless or indemnify an agent or broker for his or her error or 
omission.

(Pub. L. 90-448, title XIII, Sec. 1345, Aug. 1, 1968, 82 Stat. 585; Pub. 
L. 97-35, title III, Sec. 341(e), Aug. 13, 1981, 95 Stat. 419; Pub. L. 
98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat. 1229; Pub. L. 
103-325, title V, Sec. 574, Sept. 23, 1994, 108 Stat. 2278.)

                       References in Text

    The Federal Advisory Committee Act, referred to in subsec. (b), is 
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out 
in the Appendix to Title 5, Government Organization and Employees.


                               Amendments

    1994--Subsec. (b). Pub. L. 103-325 inserted before period at end 
``and without regard to the provisions of the Federal Advisory Committee 
Act (5 U.S.C. App.)''.
    1983--Subsec. (a). Pub. L. 98-181 substituted ``Director'' for 
``Secretary''.
    1981--Subsec. (c). Pub. L. 97-35 added subsec. (c).


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section 371 
of Pub. L. 97-35, set out as an Effective Date note under section 3701 
of Title 12, Banks and Banking.

                  Section Referred to in Other Sections

    This section is referred to in section 4056 of this title.
