42 U.S.C. § 4082
In order to provide for maximum efficiency in the administration of the flood insurance program and in order to facilitate the expeditious payment of any Federal funds under such program, the Administrator may enter into contracts with pool formed or otherwise created under section 4051 of this title, or any insurance company or other private organizations, for the purpose of securing reinsurance of insurance coverage provided by the program or for the purpose of securing performance by such pool, company, or organization of any or all of the following responsibilities:
Any contract with the pool or an insurance company or other private organization under this section may contain such terms and conditions as the Administrator finds necessary or appropriate for carrying out responsibilities under subsection (a), and may provide for payment of any costs which the Administrator determines are incidental to carrying out such responsibilities which are covered by the contract.
Any contract entered into under subsection (a) may be entered into without regard to section 6101 of title 41 or any other provision of law requiring competitive bidding.
No contract may be entered into under this section unless the Administrator finds that the pool, company, or organization will perform its obligations under the contract efficiently and effectively, and will meet such requirements as to financial responsibility, legal authority, and other matters as he finds pertinent.
Any contract entered into under this section shall be for a term of one year, and may be made automatically renewable from term to term in the absence of notice by either party of an intention to terminate at the end of the current term; except that the Administrator may terminate any such contract at any time (after reasonable notice to the pool, company, or organization involved) if he finds that the pool, company, or organization has failed substantially to carry out the contract, or is carrying out the contract in a manner inconsistent with the efficient and effective administration of the flood insurance program authorized under this chapter.
42 U.S.C. § 4082
EDITORIAL NOTES
REFERENCES IN TEXTThis chapter, referred to in subsecs. (a)(5) and (f), 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.
CODIFICATIONIn subsec. (c), "section 6101 of title 41" substituted for "section 3709 of the Revised Statute (41 U.S.C. 5)" on authority of Pub. L. 111-350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
AMENDMENTS2012-Subsec. (a). Pub. L. 112-141, §100238(b)(1), substituted "Administrator" for "Director" in introductory provisions. Pub. L. 112-141, §100232(d)(4)(A), inserted "securing reinsurance of insurance coverage provided by the program or for the purpose of" after "for the purpose of" in introductory provisions. Subsec. (a)(1). Pub. L. 112-141, §100232(d)(4)(B), substituted "Estimating" for "estimating" and period for semicolon at end. Subsec. (a)(2). Pub. L. 112-141, §100238(b)(1), substituted "Administrator" for "Director". Pub. L. 112-141, §100232(d)(4)(C), substituted "Receiving" for "receiving" and period for semicolon at end.Subsec. (a)(3). Pub. L. 112-141, §100232(d)(4)(D)(ii), which directed substitution of period for "';and'" was executed by making the substitution for ";and" to reflect the probable intent of Congress. Pub. L. 112-141, §100232(d)(4)(D)(i), substituted "Making" for "making".Subsec. (a)(4). Pub. L. 112-141, §100232(d)(4)(G), added par. (4). Former par. (4) redesignated (5).Subsec. (a)(5). Pub. L. 112-141, §100232(d)(4)(E), (F), redesignated par. (4) as (5) and substituted "Otherwise" for "otherwise".Subsecs. (b), (d), (e)(1), (f). Pub. L. 112-141, §100238(b)(1), substituted "Administrator" for "Director" wherever appearing.1983-Subsecs. (a), (b), (d), (e)(1), (f). Pub. L. 98-181 substituted "Director" for "Secretary" wherever appearing.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATESection 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 FUNCTIONSFor 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.
- Secretary
- The term "Secretary" means the Secretary of Housing and Urban Development.1See References in Text note below.
- Administrator
- the term "Administrator" means the Administrator of the Federal Emergency Management Agency;
- insurance adjustment organization
- the term "insurance adjustment organization" includes any organizations and persons engaged in the business of adjusting loss claims arising under insurance policies issued by any insurance company or other insurer;