# § 4055. Reinsurance coverage
**(a)** **Availability for excess losses**
**(1)** **In general** section 4051 of this title
The Administrator is authorized to take such action as may be necessary in order to make available, to the pool formed or otherwise created under , reinsurance for losses (due to claims for proved and approved losses covered by flood insurance) which are in excess of losses assumed by such pool in accordance with the excess loss agreement entered into under subsection (c).
**(2)** **Private reinsurance** The Administrator is authorized to secure reinsurance of coverage provided by the flood insurance program from the private market at rates and on terms determined by the Administrator to be reasonable and appropriate, in an amount sufficient to maintain the ability of the program to pay claims.
**(b)** **Availability pursuant to contract, agreement, or other arrangement; payment of premium, fee, or other charge** Such reinsurance shall be made available pursuant to contract, agreement, or any other arrangement, in consideration of such payment of a premium, fee, or other charge as the Administrator finds necessary to cover anticipated losses and other costs of providing such reinsurance.
**(c)** **Excess loss agreement; negotiation** The Administrator is authorized to negotiate an excess loss agreement, from time to time, under which the amount of flood insurance retained by the pool, after ceding reinsurance, shall be adequate to further the purposes of this chapter, consistent with the objective of maintaining appropriate financial participation and risk sharing to the maximum extent practicable on the part of participating insurance companies and other insurers.
**(d)** **Submission of excess losses on portfolio basis** All reinsurance claims for losses in excess of losses assumed by the pool shall be submitted on a portfolio basis by such pool in accordance with terms and conditions established by the Administrator.
---
**Source Credit**: (Pub. L. 90–448, title XIII, § 1335, Aug. 1, 1968, 82 Stat. 583; 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, §§ 100232(d)(3), 100238(b)(1), July 6, 2012, 126 Stat. 954, 958.)
## Editorial Notes
### References in Text
This chapter, referred to in subsec. (c), was in the original a reference to “this title” meaning title XIII of , , , 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 and Tables.
### Amendments
2012—Subsec. (a). , designated existing provisions as par. (1), inserted heading, substituted “The Administrator” for “The Director” and added par. (2).
Subsecs. (b) to (d). , substituted “Administrator” for “Director”.
1983— substituted “Director” for “Secretary” wherever appearing.
## Statutory Notes and Related Subsidiaries
### Effective Date
Section effective 120 days following , or such later date prescribed by the Secretary but in no event more than 180 days following , see , set out as a note under .
### 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 , 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 , as modified, set out as a note under .