Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
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chapter_name: "NATIONAL FLOOD INSURANCE"
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# 42 U.S.C. § 4001 - Congressional findings and declaration of purpose
## Text
(a) Necessity and reasons for flood insurance program The Congress finds that (1) from time to time flood disasters have created personal hardships and economic distress which have required unforeseen disaster relief measures and have placed an increasing burden on the Nations resources; (2) despite the installation of preventive and protective works and the adoption of other public programs designed to reduce losses caused by flood damage, these methods have not been sufficient to protect adequately against growing exposure to future flood losses; (3) as a matter of national policy, a reasonable method of sharing the risk of flood losses is through a program of flood insurance which can complement and encourage preventive and protective measures; and (4) if such a program is initiated and carried out gradually, it can be expanded as knowledge is gained and experience is appraised, thus eventually making flood insurance coverage available on reasonable terms and conditions to persons who have need for such protection.
(b) Participation of Federal Government in flood insurance program carried out by private insurance industry The Congress also finds that (1) many factors have made it uneconomic for the private insurance industry alone to make flood insurance available to those in need of such protection on reasonable terms and conditions; but (2) a program of flood insurance with large-scale participation of the Federal Government and carried out to the maximum extent practicable by the private insurance industry is feasible and can be initiated.
(c) Unified national program for flood plain management The Congress further finds that (1) a program of flood insurance can promote the public interest by providing appropriate protection against the perils of flood losses and encouraging sound land use by minimizing exposure of property to flood losses; and (2) the objectives of a flood insurance program should be integrally related to a unified national program for flood plain management and, to this end, it is the sense of Congress that within two years following the effective date of this chapter the President should transmit to the Congress for its consideration any further proposals necessary for such a unified program, including proposals for the allocation of costs among beneficiaries of flood protection.
(d) Authorization of flood insurance program; flexibility in program It is therefore the purpose of this chapter to (1) authorize a flood insurance program by means of which flood insurance, over a period of time, can be made available on a nationwide basis through the cooperative efforts of the Federal Government and the private insurance industry, and (2) provide flexibility in the program so that such flood insurance may be based on workable methods of pooling risks, minimizing costs, and distributing burdens equitably among those who will be protected by flood insurance and the general public.
(e) Land use adjustments by State and local governments; development of proposed future construction; assistance of lending and credit institutions; relation of Federal assistance to all flood-related programs; continuing studies It is the further purpose of this chapter to (1) encourage State and local governments to make appropriate land use adjustments to constrict the development of land which is exposed to flood damage and minimize damage caused by flood losses, (2) guide the development of proposed future construction, where practicable, away from locations which are threatened by flood hazards, (3) encourage lending and credit institutions, as a matter of national policy, to assist in furthering the objectives of the flood insurance program, (4) assure that any Federal assistance provided under the program will be related closely to all flood-related programs and activities of the Federal Government, and (5) authorize continuing studies of flood hazards in order to provide for a constant reappraisal of the flood insurance program and its effect on land use requirements.
(f) Mudslides The Congress also finds that (1) the damage and loss which results from mudslides is related in cause and similar in effect to that which results directly from storms, deluges, overflowing waters, and other forms of flooding, and (2) the problems involved in providing protection against this damage and loss, and the possibilities for making such protection available through a Federal or federally sponsored program, are similar to those which exist in connection with efforts to provide protection against damage and loss caused by such other forms of flooding. It is therefore the further purpose of this chapter to make available, by means of the methods, procedures, and instrumentalities which are otherwise established or available under this chapter for purposes of the flood insurance program, protection against damage and loss resulting from mudslides that are caused by accumulations of water on or under the ground.
(Pub. L. 90448, title XIII, § 1302, Aug. 1, 1968, 82 Stat. 572; Pub. L. 91152, title IV, § 409(a), Dec. 24, 1969, 83 Stat. 397; Pub. L. 93234, title I, § 108(a), Dec. 31, 1973, 87 Stat. 979; Pub. L. 103325, title V, § 552(d), Sept. 23, 1994, 108 Stat. 2269.)
## Notes
Editorial Notes
References in TextFor effective date of this chapter, referred to in subsec. (c), see section 1377 of Pub. L. 90448, set out as an Effective Date note below. This chapter, referred to in subsecs. (d) to (f), was in the original a reference to “this title” meaning title XIII of Pub. L. 90448, 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 below and Tables.
Amendments1994—Subsec. (g). Pub. L. 103325 struck out subsec. (g) which read as follows: “The Congress also finds that (1) the damage and loss which may result from the erosion and undermining of shorelines by waves or currents in lakes and other bodies of water exceeding anticipated cyclical levels is related in cause and similar in effect to that which results directly from storms, deluges, overflowing waters, and other forms of flooding, and (2) the problems involved in providing protection against this damage and loss, and the possibilities for making such protection available through a Federal or federally sponsored program, are similar to those which exist in connection with efforts to provide protection against damage and loss caused by such other forms of flooding. It is therefore the further purpose of this chapter to make available, by means of the methods, procedures, and instrumentalities which are otherwise established or available under this chapter for purposes of the flood insurance program, protection against damage and loss resulting from the erosion and undermining of shorelines by waves or currents in lakes and other bodies of water exceeding anticipated cyclical levels.” 1973—Subsec. (g). Pub. L. 93234 added subsec. (g). 1969—Subsec. (f). Pub. L. 91152 added subsec. (f).
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 90448, title XIII, § 1377, Aug. 1, 1968, 82 Stat. 589, provided that: “This title [enacting this chapter, amending section 2414 of this title, repealing sections 2401 to 2413 and 2415 to 2421 of this title, and enacting provisions set out as notes under this section] shall take effect one hundred and twenty days following the date of its enactment [Aug. 1, 1968], except that the Secretary, on the basis of a finding that conditions exist necessitating the prescribing of an additional period, may prescribe a later effective date which in no event shall be more than one hundred and eighty days following such date of enactment.”
Short Title of 2019 AmendmentPub. L. 11619, § 1, May 31, 2019, 133 Stat. 870, provided that: “This Act [amending sections 4016 and 4026 of this title and enacting provisions set out as a note under section 4016 of this title] may be cited as the National Flood Insurance Program Extension Act of 2019.”
Short Title of 2018 AmendmentPub. L. 115396, § 1, Dec. 21, 2018, 132 Stat. 5296, provided that: “This Act [amending sections 4016 and 4026 of this title and enacting provisions set out as a note under section 4016 of this title] may be cited as the National Flood Insurance Program Extension Act.” Pub. L. 115281, § 1, Dec. 1, 2018, 132 Stat. 4191, provided that: “This Act [amending sections 4016 and 4026 of this title] may be cited as the National Flood Insurance Program Further Extension Act of 2018.” Pub. L. 115225, § 1, July 31, 2018, 132 Stat. 1624, provided that: “This Act [amending sections 4016 and 4026 of this title] may be cited as the National Flood Insurance Program Extension Act of 2018.”
Short Title of 2014 AmendmentPub. L. 11389, § 1(a), Mar. 21, 2014, 128 Stat. 1020, provided that: “This Act [enacting sections 4005, 4015a, 4033, 4101d, and 4101e of this title, amending sections 4012a, 4013, 4014, 4015, 4017, 4017a, 4081, 4101b, 4102, and 4104 of this title and section 2604 of Title 12, Banks and Banking, enacting provisions set out as notes under sections 4012a, 4014, 4015, and 4102 of this title, and repealing provisions set out as a note under section 4012a of this title] may be cited as the Homeowner Flood Insurance Affordability Act of 2014.”
Short Title of 2012 AmendmentPub. L. 112141, div. F, title II, § 100201, July 6, 2012, 126 Stat. 916, provided that: “This subtitle [subtitle A (§§ 100201100249) of title II of div. F of Pub. L. 112141, see Tables for classification] may be cited as the Biggert-Waters Flood Insurance Reform Act of 2012.” Pub. L. 112141, div. F, title II, § 100251, July 6, 2012, 126 Stat. 969, provided that: “This subtitle [subtitle B (§§ 100251100253) of title II of div. F of Pub. L. 112141, enacting section 4057 of this title and section 3611 of Title 33, Navigation and Navigable Waters] may be cited as the Consumer Option for an Alternative System to Allocate Losses Act of 2012 or the COASTAL Act of 2012.”
Short Title of 2010 AmendmentPub. L. 111250, § 1, Sept. 30, 2010, 124 Stat. 2630, provided that: “This Act [amending sections 4016 and 4026 of this title] may be cited as the National Flood Insurance Program Reextension Act of 2010.” Pub. L. 111196, § 1, July 2, 2010, 124 Stat. 1352, provided that: “This Act [amending sections 4016 and 4026 of this title and enacting provisions set out as a note under section 4016 of this title] may be cited as the National Flood Insurance Program Extension Act of 2010.”
Short Title of 2006 AmendmentPub. L. 109208, § 1, Mar. 23, 2006, 120 Stat. 317, provided that: “This Act [amending section 4016 of this title] may be cited as the National Flood Insurance Program Enhanced Borrowing Authority Act of 2006.”
Short Title of 2005 AmendmentsPub. L. 109106, § 1, Nov. 21, 2005, 119 Stat. 2288, provided that: “This Act [amending section 4016 of this title] may be cited as the National Flood Insurance Program Further Enhanced Borrowing Authority Act of 2005.” Pub. L. 10965, § 1, Sept. 20, 2005, 119 Stat. 1998, provided that: “This Act [amending section 4016 of this title] may be cited as the National Flood Insurance Program Enhanced Borrowing Authority Act of 2005.”
Short Title of 2004 AmendmentPub. L. 108264, § 1(a), June 30, 2004, 118 Stat. 712, provided that: “This Act [enacting sections 4030 and 4102a of this title, amending sections 4011, 4015 to 4017, 4022, 4026, 4056, 4104c, 4104d, 4121, and 4127 of this title, and enacting provisions set out as notes under this section and sections 4011 and 4101 of this title] may be cited as the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004.”
Short Title of 2003 AmendmentsPub. L. 108171, § 1, Dec. 6, 2003, 117 Stat. 2064, provided that: “This Act [amending sections 4016, 4026, 4056, and 4127 of this title and enacting provisions set out as a note under section 4016 of this title] may be cited as the National Flood Insurance Program Reauthorization Act of 2004.” Pub. L. 1083, § 1, Jan. 13, 2003, 117 Stat. 7, provided that: “This Act [amending sections 4016, 4026, 4056, and 4127 of this title and enacting provisions set out as a note under section 4016 of this title] may be cited as the National Flood Insurance Program Reauthorization Act of 2003.”
Short Title of 1994 AmendmentPub. L. 103325, title V, § 501, Sept. 23, 1994, 108 Stat. 2255, provided that: “This title [enacting sections 4104b to 4104d and 5154a of this title, amending this section, sections 4003, 4011, 4012a, 4013, 4015, 4017, 4022, 4026, 4027, 4029, 4056, 4081, 4101, 4104a, 4106, 4121, and 5154 of this title, and sections 1784, 1820, 3305, and 4521 of Title 12, Banks and Banking, repealing section 4103 of this title, enacting provisions set out as notes under this section and sections 4011, 4013, 4014, 4101 to 4103, and 4104c of this title, and repealing provisions set out as a note under section 4015 of this title] may be cited as the National Flood Insurance Reform Act of 1994.”
Short Title of 1973 AmendmentPub. L. 93234, § 1, Dec. 31, 1973, 87 Stat. 975, provided: “That this Act [enacting sections 4002, 4003, 4012a, 4104, 4105 to 4107, and 4128 of this title, amending this section, sections 4013 to 4016, 4026, 4054, 4056, 4101, and 4121 of this title, and sections 24 and 17091 of Title 12, Banks and Banking, and repealing section 4021 of this title] may be cited as the Flood Disaster Protection Act of 1973.”
Short TitlePub. L. 90448, title XIII, § 1301, Aug. 1, 1968, 82 Stat. 572, provided that: “This title [enacting this chapter, amending section 2414 of this title, repealing sections 2401 to 2413 and 2415 to 2421 of this title, and enacting provisions set out as a note under this section] may be cited as the National Flood Insurance Act of 1968.”
RegulationsPub. L. 103325, title V, § 583, Sept. 23, 1994, 108 Stat. 2287, as amended by Pub. L. 109295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410, provided that: “The Administrator of the Federal Emergency Management Agency and any appropriate Federal agency may each issue any regulations necessary to carry out the applicable provisions of this title [see Short Title of 1994 Amendment note above] and the applicable amendments made by this title.” [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.]
Evaluation of Erosion HazardsPub. L. 103325, title V, § 577(a)(g), Sept. 23, 1994, 108 Stat. 22812283, required the Director of the Federal Emergency Management Agency to submit a report no later than two years after Sept. 23, 1994, evaluating erosion hazards and estimating the impact of erosion on flood insurance claims.
Relation of Title V of Pub. L. 103325 to State and Local LawsPub. L. 103325, title V, § 584, Sept. 23, 1994, 108 Stat. 2287, provided that: “This title [see Short Title of 1994 Amendment note above] and the amendments made by this title may not be construed to preempt, annul, alter, amend, or exempt any person from compliance with any law, ordinance, or regulation of any State or local government with respect to land use, management, or control.”
Executive Documents
Floodplain ManagementFor provisions relating to the reduction of the risk of flood loss, the minimization of the impact of floods on human safety, health and welfare, and the management of floodplains, see Ex. Ord. No. 11988, May 24, 1977, 42 F.R. 26951, set out as a note under section 4321 of this title.
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# 42 U.S.C. § 4002 - Additional Congressional findings and declaration of purpose
## Text
(a) The Congress finds that—
(1) annual losses throughout the Nation from floods and mudslides are increasing at an alarming rate, largely as a result of the accelerating development of, and concentration of population in, areas of flood and mudslide hazards;
(2) the availability of Federal loans, grants, guaranties, insurance, and other forms of financial assistance are often determining factors in the utilization of land and the location and construction of public and of private industrial, commercial, and residential facilities;
(3) property acquired or constructed with grants or other Federal assistance may be exposed to risk of loss through floods, thus frustrating the purpose for which such assistance was extended;
(4) Federal instrumentalities insure or otherwise provide financial protection to banking and credit institutions whose assets include a substantial number of mortgage loans and other indebtedness secured by property exposed to loss and damage from floods and mudslides;
(5) the Nation cannot afford the tragic losses of life caused annually by flood occurrences, nor the increasing losses of property suffered by flood victims, most of whom are still inadequately compensated despite the provision of costly disaster relief benefits; and
(6) it is in the public interest for persons already living in flood-prone areas to have both an opportunity to purchase flood insurance and access to more adequate limits of coverage, so that they will be indemnified, for their losses in the event of future flood disasters.
(b) The purpose of this Act, therefore, is to—
(1) substantially increase the limits of coverage authorized under the national flood insurance program;
(2) provide for the expeditious identification of, and the dissemination of information concerning, flood-prone areas;
(3) require States or local communities, as a condition of future Federal financial assistance, to participate in the flood insurance program and to adopt adequate flood plan ordinances with effective enforcement provisions consistent with Federal standards to reduce or avoid future flood losses; and
(4) require the purchase of flood insurance by property owners who are being assisted by Federal programs or by federally supervised, regulated, or insured agencies or institutions in the acquisition or improvement of land or facilities located or to be located in identified areas having special flood hazards.
(Pub. L. 93234, § 2, Dec. 31, 1973, 87 Stat. 975.)
## Notes
Editorial Notes
References in TextThis Act, referred to in subsec. (b), means Pub. L. 93234, Dec. 31, 1973, 87 Stat. 975, known as the Flood Disaster Protection Act of 1973. For complete classification of this Act to the Code, see Short Title of 1973 Amendment note set out under section 4001 of this title and Tables.
Codification Section was enacted as part of the Flood Disaster Protection Act of 1973, and not as part of the National Flood Insurance Act of 1968 which comprises this chapter.
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# 42 U.S.C. § 4003 - Definitions applicable to Flood Disaster Protection Act of 1973
## Text
(a) As used in this Act, unless the context otherwise requires, the term—
(1) “community” means a State or a political subdivision thereof which has zoning and building code jurisdiction over a particular area having special flood hazards;
(2) “Federal agency” means any department, agency, corporation, or other entity or instrumentality of the executive branch of the Federal Government, and includes the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation;
(3) “financial assistance” means any form of loan, grant, guaranty, insurance, payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance, other than general or special revenue sharing or formula grants made to States;
(4) “financial assistance for acquisition or construction purposes” means any form of financial assistance which is intended in whole or in part for the acquisition, construction, reconstruction, repair, or improvement of any publicly or privately owned building or mobile home, and for any machinery, equipment, fixtures, and furnishings contained or to be contained therein, and shall include the purchase or subsidization of mortgages or mortgage loans but shall exclude assistance pursuant to the Disaster Relief and Emergency Assistance Act [42 U.S.C. 5121 et seq.] (other than assistance under such Act in connection with a flood);
(5) “Federal entity for lending regulation” means the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Comptroller of the Currency, the National Credit Union Administration, and the Farm Credit Administration, and with respect to a particular regulated lending institution means the entity primarily responsible for the supervision of the institution;
(6) “Administrator” means the Administrator of the Federal Emergency Management Agency;
(7) “Federal agency lender” means a Federal agency that makes direct loans secured by improved real estate or a mobile home, to the extent such agency acts in such capacity;
(8) the term “improved real estate” means real estate upon which a building is located;
(9) “lender” means a regulated lending institution or Federal agency lender;
(10) “regulated lending institution” means any bank, savings and loan association, credit union, farm credit bank, Federal land bank association, production credit association, or similar institution subject to the supervision of a Federal entity for lending regulation; and
(11) “servicer” means the person responsible for receiving any scheduled periodic payments from a borrower pursuant to the terms of a loan, including amounts for taxes, insurance premiums, and other charges with respect to the property securing the loan, and making the payments of principal and interest and such other payments with respect to the amounts received from the borrower as may be required pursuant to the terms of the loan.
(b) The Administrator is authorized to define or redefine, by rules and regulations, any scientific or technical term used in this Act, insofar as such definition is not inconsistent with the purposes of this Act.
(Pub. L. 93234, § 3, Dec. 31, 1973, 87 Stat. 976; Pub. L. 95128, title VII, § 703(b), Oct. 12, 1977, 91 Stat. 1145; Pub. L. 98181, title I [title IV, § 451(e)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 100707, title I, § 109(t), Nov. 23, 1988, 102 Stat. 4710; Pub. L. 103325, title V, § 511(a), Sept. 23, 1994, 108 Stat. 2255; Pub. L. 111203, title III, § 368, July 21, 2010, 124 Stat. 1557; Pub. L. 112141, div. F, title II, § 100238(a)(1), July 6, 2012, 126 Stat. 958.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, means Pub. L. 93234, Dec. 31, 1973, 87 Stat. 975, known as the Flood Disaster Protection Act of 1973. For complete classification of this Act to the Code, see Short Title of 1973 Amendment note set out under section 4001 of this title and Tables. The Disaster Relief and Emergency Assistance Act, referred to in subsec. (a)(4), is Pub. L. 93288, May 22, 1974, 88 Stat. 143, known as the Robert T. Stafford Disaster Relief and Emergency Assistance Act, which is classified principally to chapter 68 (§ 5121 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables.
Codification Section was enacted as part of the Flood Disaster Protection Act of 1973, and not as part of the National Flood Insurance Act of 1968 which comprises this chapter.
Amendments2012—Subsec. (a)(6). Pub. L. 112141 substituted “ Administrator ” for “ Director ” and “Administrator of” for “Director of”. Subsec. (b). Pub. L. 112141 substituted “Administrator” for “Director”. 2010—Subsec. (a)(5). Pub. L. 111203 struck out “, the Office of Thrift Supervision” after “the Comptroller of the Currency”. 1994—Subsec. (a)(5). Pub. L. 103325, § 511(a)(1), added par. (5) and struck out former par. (5) which read as follows: “ Federal instrumentality responsible for the supervision, approval, regulation, or insuring of banks, savings and loan associations, or similar institutions means the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Comptroller of the Currency, the Federal Home Loan Bank Board, the Federal Savings and Loan Insurance Corporation, and the National Credit Union Administration; and”. Subsec. (a)(7) to (11). Pub. L. 103325, § 511(a)(2), (3), added pars. (7) to (11). 1988—Subsec. (a)(4). Pub. L. 100707 substituted “Disaster Relief and Emergency Assistance Act” for “Disaster Relief Act of 1974”. 1983—Subsec. (a)(6). Pub. L. 98181, § 451(e)(2), substituted definition of “Director” meaning the Director of the Federal Emergency Management Agency for definition of “Secretary” meaning the Secretary of Housing and Urban Development. Subsec. (b). Pub. L. 98181, § 451(e)(1), substituted “Director” for “Secretary”. 1977—Subsec. (a)(4). Pub. L. 95128 substituted “assistance pursuant to the Disaster Relief Act of 1974 (other than assistance under such Act in connection with a flood)” for “assistance for emergency work essential for the protection and preservation of life and property performed pursuant to the Disaster Relief Act of 1970 or any subsequent Act of Congress which supersedes or modifies the Disaster Relief Act of 1970”.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 AmendmentAmendment by Pub. L. 111203 effective on the transfer date, see section 351 of Pub. L. 111203, set out as a note under section 906 of Title 2, The Congress.
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.
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# 42 U.S.C. § 4004 - Definitions applicable to Biggert-Waters Flood Insurance Reform Act of 2012
## Text
(a) In general In this subtitle, the following definitions shall apply:
(1) 100-year floodplain The term “100-year floodplain” means that area which is subject to inundation from a flood having a 1-percent chance of being equaled or exceeded in any given year.
(2) 500-year floodplain The term “500-year floodplain” means that area which is subject to inundation from a flood having a 0.2-percent chance of being equaled or exceeded in any given year.
(3) Administrator The term “Administrator” means the Administrator of the Federal Emergency Management Agency.
(4) National Flood Insurance Program The term “National Flood Insurance Program” means the program established under the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.).
(5) Write Your Own The term “Write Your Own” means the cooperative undertaking between the insurance industry and the Federal Insurance Administration which allows participating property and casualty insurance companies to write and service standard flood insurance policies.
(b) Common terminology Except as otherwise provided in this subtitle, any terms used in this subtitle shall have the meaning given to such terms under section 1370 of the National Flood Insurance Act of 1968 (42 U.S.C. 4121).
(Pub. L. 112141, div. F, title II, § 100202, July 6, 2012, 126 Stat. 916.)
## Notes
Editorial Notes
References in TextThis subtitle, referred to in subsecs. (a) and (b), is subtitle A (§§ 100201100249) of title II of div. F of Pub. L. 112141, July 6, 2012, 126 Stat. 916, known as the Biggert-Waters Flood Insurance Reform Act of 2012. For complete classification of this subtitle to the Code, see Short Title of 2012 Amendment note set out under section 4001 of this title and Tables. The National Flood Insurance Act of 1968, referred to in subsec. (a)(4), is title XIII of Pub. L. 90448, Aug. 1, 1968, 82 Stat. 572, 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.
Codification Section was enacted as part of the Biggert-Waters Flood Insurance Reform Act of 2012, and also as part of the Moving Ahead for Progress in the 21st Century Act, also known as the MAP21, and not as part of National Flood Insurance Act of 1968 which comprises this chapter.
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# 42 U.S.C. § 4005 - Definitions applicable to Homeowner Flood Insurance Affordability Act of 2014
## Text
For purposes of this title,11 See References in Text note below. the following definitions shall apply:
(1) Administrator The term “Administrator” means the Administrator of the Federal Emergency Management Agency.
(2) National Flood Insurance Program The term “National Flood Insurance Program” means the program established under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.).
(Pub. L. 11389, § 2, Mar. 21, 2014, 128 Stat. 1020.)
## Notes
Editorial Notes
References in TextThis title, referred to in text, probably should read “this Act”, meaning Pub. L. 11389, Mar. 21, 2014, 128 Stat. 1020, known as the Homeowner Flood Insurance Affordability Act of 2014, which does not contain titles. For complete classification of this Act to the Code, see Short Title of 2014 Amendment note set out under section 4001 of this title and Tables. The National Flood Insurance Act of 1968, referred to in par. (2), is title XIII of Pub. L. 90448, Aug. 1, 1968, 82 Stat. 572, 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.
Codification Section was enacted as part of the Homeowner Flood Insurance Affordability Act of 2014, and not as part of the National Flood Insurance Act of 1968 which comprises this chapter.
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# 42 U.S.C. § 4012 - Scope of program and priorities
## Text
(a) Priority for insurance for certain residential and church properties and business concerns In carrying out the flood insurance program the Administrator shall afford a priority to making flood insurance available to cover residential properties which are designed for the occupancy of from one to four families, church properties, and business properties which are owned or leased and operated by small business concerns.
(b) Availability of insurance for other properties If on the basis of—
(1) studies and investigations undertaken and carried out and information received or exchanged under section 4014 of this title, and
(2) such other information as may be necessary,
the Administrator determines that it would be feasible to extend the flood insurance program to cover other properties, he may take such action under this chapter as from time to time may be necessary in order to make flood insurance available to cover, on such basis as may be feasible, any types and classes of—
(A) other residential properties not described in subsection (a) or (d),
(B) other business properties,
(C) agricultural properties,
(D) properties occupied by private nonprofit organizations, and
(E) properties owned by State and local governments and agencies thereof,
and any such extensions of the program to any types and classes of these properties shall from time to time be prescribed in regulations.
(c) Availability of insurance in States or areas evidencing positive interest in securing insurance and assuring adoption of adequate land use and control measures The Administrator shall make flood insurance available in only those States or areas (or subdivisions thereof) which he has determined have—
(1) evidenced a positive interest in securing flood insurance coverage under the flood insurance program, and
(2) given satisfactory assurance that by December 31, 1971, adequate land use and control measures will have been adopted for the State or area (or subdivision) which are consistent with the comprehensive criteria for land management and use developed under section 4102 of this title, and that the application and enforcement of such measures will commence as soon as technical information on floodways and on controlling flood elevations is available.
(d) Availability of insurance for multifamily properties (1) In general The Administrator shall make flood insurance available to cover residential properties of 5 or more residences. Notwithstanding any other provision of law, the maximum coverage amount that the Administrator may make available under this subsection to such residential properties shall be equal to the coverage amount made available to commercial properties.
(2) Rule of construction Nothing in this subsection shall be construed to limit the ability of individuals residing in residential properties of 5 or more residences to obtain insurance for the contents and personal articles located in such residences.
(Pub. L. 90448, title XIII, § 1305, Aug. 1, 1968, 82 Stat. 574; Pub. L. 91152, title IV, § 410(a), Dec. 24, 1969, 83 Stat. 397; Pub. L. 92213, § 2(c)(1), Dec. 22, 1971, 85 Stat. 775; Pub. L. 98181, title I [title IV, § 451(d)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 112141, div. F, title II, §§ 100204, 100238(b)(1), July 6, 2012, 126 Stat. 916, 958.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (b), was in the original a reference to “this title” meaning title XIII of Pub. L. 90448, 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.
Amendments2012—Subsec. (a). Pub. L. 112141, § 100238(b)(1), substituted “Administrator” for “Director”. Subsec. (b). Pub. L. 112141, § 100238(b)(1), substituted “Administrator” for “Director” in concluding provisions following par. (2). Subsec. (b)(A). Pub. L. 112141, § 100204(1), which directed amendment of subsec. (b)(2)(A) by inserting “not described in subsection (a) or (d)” after “properties”, was executed by making the insertion in subpar. (A) following first concluding provisions to reflect the probable intent of Congress. Subsec. (c). Pub. L. 112141, § 100238(b)(1), substituted “Administrator” for “Director” in introductory provisions. Subsec. (d). Pub. L. 112141, § 100204(2), added subsec. (d). 1983—Pub. L. 98181 substituted “Director” for “Secretary” wherever appearing. 1971—Subsec. (a). Pub. L. 92213 inserted reference to church properties. 1969—Subsec. (c)(2). Pub. L. 91152 substituted “December 31, 1971, adequate” for “June 30, 1970, permanent”.
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. 90448, 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.
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# 42 U.S.C. § 4013a - Policy disclosures
## Text
(a) In general Notwithstanding any other provision of law, in addition to any other disclosures that may be required, each policy under the National Flood Insurance Program shall state all conditions, exclusions, and other limitations pertaining to coverage under the subject policy, regardless of the underlying insurance product, in plain English, in boldface type, and in a font size that is twice the size of the text of the body of the policy.
(b) Violations The Administrator may impose a civil penalty of not more than $50,000 on any person that fails to comply with subsection (a).
(Pub. L. 112141, div. F, title II, § 100234, July 6, 2012, 126 Stat. 956.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Biggert-Waters Flood Insurance Reform Act of 2012, and also as part of the Moving Ahead for Progress in the 21st Century Act, also known as the MAP21, and not as part of the National Flood Insurance Act of 1968 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Definitions For definitions of terms used in this section, see section 4004 of this title.
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# 42 U.S.C. § 4015a - Premium surcharge
## Text
(a) Imposition and collection The Administrator shall impose and collect an annual surcharge, in the amount provided in subsection (b), on all policies for flood insurance coverage under the National Flood Insurance Program that are newly issued or renewed after March 21, 2014. Such surcharge shall be in addition to the surcharge under section 4011(b) of this title and any other assessments and surcharges applied to such coverage.
(b) Amount The amount of the surcharge under subsection (a) shall be—
(1) $25, except as provided in paragraph (2); and
(2) $250, in the case of a policy for any property that is—
(A) a non-residential property; or
(B) a residential property that is not the primary residence of an individual.
(c) Termination Subsections (a) and (b) shall cease to apply on the date on which the chargeable risk premium rate for flood insurance under this chapter for each property covered by flood insurance under this chapter, other than properties for which premiums are calculated under subsection (e) or (f) of section 4014 of this title or section 4056 of this title or under section 100230 of the Biggert-Waters Flood Insurance Reform Act of 2012 (42 U.S.C. 4014 note), is not less than the applicable estimated risk premium rate under section 4014(a)(1) of this title for such property.
(Pub. L. 90448, title XIII, § 1308A, as added Pub. L. 11389, § 8(a), Mar. 21, 2014, 128 Stat. 1023.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (c), was in the original a reference to “this title” meaning title XIII of Pub. L. 90448, 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. Section 100230 of the Biggert-Waters Flood Insurance Reform Act of 2012, referred to in subsec. (c), is section 100230 of Pub. L. 112141, which is set out as a note under section 4014 of this title.
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# 42 U.S.C. § 4017 - National Flood Insurance Fund
## Text
(a) Establishment; availability To carry out the flood insurance program authorized by this chapter, the Administrator shall establish in the Treasury of the United States a National Flood Insurance Fund (hereinafter referred to as the “fund”) which shall be an account separate from any other accounts or funds available to the Administrator and shall be available as described in subsection (f), without fiscal year limitation (except as otherwise provided in this section)—
(1) for making such payments as may, from time to time, be required under section 4054 of this title;
(2) to pay reinsurance claims under the excess loss reinsurance coverage provided under section 4055 of this title;
(3) to repay to the Secretary of the Treasury such sums as may be borrowed from him (together with interest) in accordance with the authority provided in section 4016 of this title; and
(4) to the extent approved in appropriations Acts, to pay any administrative expenses of the flood insurance and floodplain management programs (including the costs of mapping activities under section 4101 of this title);
(5) for the purposes specified in subsection (d) under the conditions provided therein;
(6) for carrying out the program under section 4022(b) of this title;
(7) for transfers to the National Flood Mitigation Fund, but only to the extent provided in section 4104d(b)(1) of this title; and
(8) for carrying out section 4104(f) of this title.
(b) Credits to Fund The fund shall be credited with—
(1) such funds borrowed in accordance with the authority provided in section 4016 of this title as may from time to time be deposited in the fund;
(2) premiums, fees, or other charges which may be paid or collected in connection with the excess loss reinsurance coverage provided under section 4055 of this title;
(3) such amounts as may be advanced to the fund from appropriations in order to maintain the fund in an operative condition adequate to meet its liabilities;
(4) interest which may be earned on investments of the fund pursuant to subsection (c);
(5) such sums as are required to be paid to the Administrator under section 4015(d) of this title; and
(6) receipts from any other operations under this chapter (including premiums under the conditions specified in subsection (d), and salvage proceeds, if any, resulting from reinsurance coverage).
(c) Investment of moneys in obligations issued or guaranteed by United States If, after—
(1) all outstanding obligations of the fund have been liquidated, and
(2) any outstanding amounts which may have been advanced to the fund from appropriations authorized under section 4127(a)(2)(B) of this title have been credited to the appropriation from which advanced, with interest accrued at the rate prescribed under section 2414(e) of this title, as in effect immediately prior to August 1, 1968,
the Administrator determines that the moneys of the fund are in excess of current needs, he may request the investment of such amounts as he deems advisable by the Secretary of the Treasury in obligations issued or guaranteed by the United States.
(d) Availability of Fund if operation of program is carried out through facilities of Federal Government In the event the Administrator makes a determination in accordance with the provisions of section 4071 of this title that operation of the flood insurance program, in whole or in part, should be carried out through the facilities of the Federal Government, the fund shall be available for all purposes incident thereto, including—
(1) cost incurred in the adjustment and payment of any claims for losses, and
(2) payment of applicable operating costs set forth in the schedules prescribed under section 4018 of this title,
for so long as the program is so carried out, and in such event any premiums paid shall be deposited by the Administrator to the credit of the fund.
(e) Annual budget An annual business-type budget for the fund shall be prepared, transmitted to the Congress, considered, and enacted in the manner prescribed by sections 9103 and 9104 of title 31 for wholly-owned Government corporations.
(f) Availability of funds dependent on future appropriations acts The fund shall be available, with respect to any fiscal year beginning on or after October 1, 1981, only to the extent approved in appropriation Acts; except that the fund shall be available for the purpose described in subsection (d)(1) without such approval.
(Pub. L. 90448, title XIII, § 1310, Aug. 1, 1968, 82 Stat. 577; Pub. L. 9735, title III, § 341(c), Aug. 13, 1981, 95 Stat. 419; Pub. L. 98181, title I [title IV, § 451(d)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 98479, title II, § 203(j)(1), Oct. 17, 1984, 98 Stat. 2231; Pub. L. 100242, title V, § 545(d), Feb. 5, 1988, 101 Stat. 1942; Pub. L. 101508, title II, § 2302(e)(3), Nov. 5, 1990, 104 Stat. 138824; Pub. L. 103325, title V, §§ 542, 554(b), 577(h), Sept. 23, 1994, 108 Stat. 2269, 2274, 2283; Pub. L. 108264, title I, §§ 102(b), 104(b), June 30, 2004, 118 Stat. 721, 723; Pub. L. 112141, div. F, title II, §§ 100225(d), 100238(b)(1), July 6, 2012, 126 Stat. 941, 958; Pub. L. 11389, § 18(b), Mar. 21, 2014, 128 Stat. 1027.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsecs. (a) and (b)(6), was in the original a reference to “this title” meaning title XIII of Pub. L. 90448, 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.
Amendments2014—Subsec. (a)(8). Pub. L. 11389 added par. (8). 2012—Subsec. (a). Pub. L. 112141, § 100238(b)(1), substituted “Administrator” for “Director” in two places. Subsec. (a)(6) to (9). Pub. L. 112141, § 100225(d), inserted “and” at end of par. (6), substituted period for semicolon at end of par. (7), and struck out pars. (8) and (9) which read as follows: “(8) for financial assistance under section 4102a of this title to States and communities for taking actions under such section with respect to severe repetitive loss properties, but only to the extent provided in section 4102a(i) of this title; and “(9) for funding, not to exceed $10,000,000 in any fiscal year, for mitigation actions under section 4030 of this title, except that, notwithstanding any other provision of this chapter, amounts made available pursuant to this paragraph shall not be subject to offsetting collections through premium rates for flood insurance coverage under this chapter.” Subsecs. (b)(5), (c), (d). Pub. L. 112141, § 100238(b)(1), substituted “Administrator” for “Director” wherever appearing. 2004—Subsec. (a)(7), (8). Pub. L. 108264, § 102(b), struck out “and” at end of par. (7), added par. (8), and struck out former par. (8) which read as follows: “for costs of preparing the report under section 577 of the Riegle Community Development and Regulatory Improvement Act of 1994, except that the fund shall be available for the purpose under this paragraph in an amount not to exceed an aggregate of $5,000,000 over the 2-year period beginning on September 23, 1994.” Subsec. (a)(9). Pub. L. 108264, § 104(b), added par. (9). 1994—Subsec. (a). Pub. L. 103325, §§ 554(b)(1), 577(h)(1), in introductory provisions, substituted “shall” for “is authorized to” after “Director”, inserted “an account separate from any other accounts or funds available to the Director and shall be” after “which shall be”, and inserted “(except as otherwise provided in this section)” after “without fiscal year limitation”. Subsec. (a)(6) to (8). Pub. L. 103325, §§ 542, 554(b)(2), 577(h)(2), added pars. (6) to (8), respectively. 1990—Subsec. (a)(4). Pub. L. 101508 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “to pay such administrative expenses (or portion of such expenses) of carrying out the flood insurance program as he may deem necessary; and”. 1988—Subsec. (e). Pub. L. 100242 substituted “title 31, United States Code,” for “title 31, United States Code”, which for purposes of codification was translated as “title 31”, requiring no change in text. 1984—Subsec. (e). Pub. L. 98479 substituted “sections 9103 and 9104 of title 31” for “law (sections 102, 103, and 104 of the Government Corporations Control Act (31 U.S.C. 847849))”. 1983—Subsecs. (a), (b)(5), (c), (d). Pub. L. 98181 substituted “Director” for “Secretary” wherever appearing. 1981—Subsec. (a). Pub. L. 9735, § 341(c)(1), inserted reference to subsec. (f) of this section. Subsec. (f). Pub. L. 9735, § 341(c)(2), added subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 1981 AmendmentAmendment by Pub. L. 9735 effective Oct. 1, 1981, see section 371 of Pub. L. 9735, set out as an Effective Date note under section 3701 of Title 12, Banks and Banking.
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. 90448, 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.
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# 42 U.S.C. § 4017a - Reserve Fund
## Text
(a) Establishment of Reserve Fund In carrying out the flood insurance program authorized by this subchapter, the Administrator shall establish in the Treasury of the United States a National Flood Insurance Reserve Fund (in this section referred to as the “Reserve Fund”) which shall—
(1) be an account separate from any other accounts or funds available to the Administrator; and
(2) be available for meeting the expected future obligations of the flood insurance program, including—
(A) the payment of claims;
(B) claims adjustment expenses; and
(C) the repayment of amounts outstanding under any note or other obligation issued by the Administrator under section 4016(a) of this title.
(b) Reserve ratio Subject to the phase-in requirements under subsection (d), the Reserve Fund shall maintain a balance equal to—
(1) 1 percent of the sum of the total potential loss exposure of all outstanding flood insurance policies in force in the prior fiscal year; or
(2) such higher percentage as the Administrator determines to be appropriate, taking into consideration any circumstance that may raise a significant risk of substantial future losses to the Reserve Fund.
(c) Maintenance of reserve ratio (1) In general The Administrator shall have the authority to establish, increase, or decrease the amount of aggregate annual insurance premiums to be collected for any fiscal year necessary—
(A) to maintain the reserve ratio required under subsection (b); and
(B) to achieve such reserve ratio, if the actual balance of such reserve is below the amount required under subsection (b).
(2) Considerations In exercising the authority granted under paragraph (1), the Administrator shall consider—
(A) the expected operating expenses of the Reserve Fund;
(B) the insurance loss expenditures under the flood insurance program;
(C) any investment income generated under the flood insurance program; and
(D) any other factor that the Administrator determines appropriate.
(3) Limitations (A) Rates In exercising the authority granted under paragraph (1), the Administrator shall be subject to all other provisions of this chapter, including any provisions relating to chargeable premium rates or annual increases of such rates.
(B) Use of additional annual insurance premiums Notwithstanding any other provision of law or any agreement entered into by the Administrator, the Administrator shall ensure that all amounts attributable to the establishment or increase of annual insurance premiums under paragraph (1) are transferred to the Administrator for deposit into the Reserve Fund, to be available for meeting the expected future obligations of the flood insurance program as described in subsection (a)(2).
(4) Deposit of premium surcharges The Administrator shall deposit in the Reserve Fund any surcharges collected pursuant to section 4015a of this title.
(d) Phase-in requirements The phase-in requirements under this subsection are as follows:
(1) In general Beginning in fiscal year 2013 and not ending until the fiscal year in which the ratio required under subsection (b) is achieved, in each such fiscal year the Administrator shall place in the Reserve Fund an amount equal to not less than 7.5 percent of the reserve ratio required under subsection (b).
(2) Amount satisfied As soon as the ratio required under subsection (b) is achieved, and except as provided in paragraph (3), the Administrator shall not be required to set aside any amounts for the Reserve Fund.
(3) Exception If at any time after the ratio required under subsection (b) is achieved, the Reserve Fund falls below the required ratio under subsection (b), the Administrator shall place in the Reserve Fund for that fiscal year an amount equal to not less than 7.5 percent of the reserve ratio required under subsection (b).
(e) Limitation on reserve ratio In any given fiscal year, if the Administrator determines that the reserve ratio required under subsection (b) cannot be achieved, the Administrator shall submit, on a calendar quarterly basis, a report to Congress that—
(1) describes and details the specific concerns of the Administrator regarding the consequences of the reserve ratio not being achieved;
(2) demonstrates how such consequences would harm the long-term financial soundness of the flood insurance program; and
(3) indicates the maximum attainable reserve ratio for that particular fiscal year.
(f) Investment The Secretary of the Treasury shall invest such amounts of the Reserve Fund as the Secretary determines advisable in obligations issued or guaranteed by the United States.
(Pub. L. 90448, title XIII, § 1310A, as added Pub. L. 112141, div. F, title II, § 100212, July 6, 2012, 126 Stat. 922; amended Pub. L. 11389, §§ 8(b), 20, Mar. 21, 2014, 128 Stat. 1024, 1028.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (c)(3)(A), was in the original “this Act”, and was translated as reading “this title”, meaning title XIII of Pub. L. 90448, Aug. 1, 1968, 82 Stat. 572, known as the National Flood Insurance Act of 1968, which is classified principally to this chapter, to reflect the probable intent of Congress. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of this title and Tables.
Amendments2014—Subsec. (c)(4). Pub. L. 11389, § 8(b), added par. (4). Subsec. (e). Pub. L. 11389, § 20, inserted “, on a calendar quarterly basis,” after “submit” in introductory provisions.
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# 42 U.S.C. § 4018 - Operating costs and allowances; definitions
## Text
(a) The Administrator shall from time to time negotiate with appropriate representatives of the insurance industry for the purpose of establishing—
(1) a current schedule of operating costs applicable both to risk-sharing insurance companies and other insurers and to insurance companies and other insurers, insurance agents and brokers, and insurance adjustment organizations participating on other than a risk-sharing basis, and
(2) a current schedule of operating allowances applicable to risk-sharing insurance companies and other insurers,
which may be payable in accordance with the provisions of subchapter II, and such schedules shall from time to time be prescribed in regulations.
(b) For purposes of subsection (a)—
(1) the term “operating costs” shall (without limiting such term) include—
(A) expense reimbursements covering the direct, actual, and necessary expenses incurred in connection with selling and servicing flood insurance coverage;
(B) reasonable compensation payable for selling and servicing flood insurance coverage, or commissions or service fees paid to producers;
(C) loss adjustment expenses; and
(D) other direct, actual, and necessary expenses which the Administrator finds are incurred in connection with selling or servicing flood insurance coverage; and
(2) the term “operating allowances” shall (without limiting such term) include amounts for profit and contingencies which the Administrator finds reasonable and necessary to carry out the purposes of this chapter.
(Pub. L. 90448, title XIII, § 1311, Aug. 1, 1968, 82 Stat. 579; Pub. L. 98181, title I [title IV, § 451(d)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 112141, div. F, title II, § 100238(b)(1), July 6, 2012, 126 Stat. 958.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (b)(2), was in the original a reference to “this title” meaning title XIII of Pub. L. 90448, 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.
Amendments2012—Subsecs. (a), (b)(1)(D), (2). Pub. L. 112141 substituted “Administrator” for “Director”. 1983—Subsecs. (a), (b)(1)(D), (2). Pub. L. 98181 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. 90448, 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.
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# 42 U.S.C. § 4019 - Payment of claims
## Text
(a) In general The Administrator is authorized to prescribe regulations establishing the general method or methods by which proved and approved claims for losses may be adjusted and paid for any damage to or loss of property which is covered by flood insurance made available under the provisions of this chapter.
(b) Minimum annual deductible (1) Pre-firm properties For any structure which is covered by flood insurance under this chapter, and on which construction or substantial improvement occurred on or before December 31, 1974, or before the effective date of an initial flood insurance rate map published by the Administrator under section 4101 of this title for the area in which such structure is located, the minimum annual deductible for damage to such structure shall be—
(A) $1,500, if the flood insurance coverage for such structure covers loss of, or physical damage to, such structure in an amount equal to or less than $100,000; and
(B) $2,000, if the flood insurance coverage for such structure covers loss of, or physical damage to, such structure in an amount greater than $100,000.
(2) Post-firm properties For any structure which is covered by flood insurance under this chapter, and on which construction or substantial improvement occurred after December 31, 1974, or after the effective date of an initial flood insurance rate map published by the Administrator under section 4101 of this title for the area in which such structure is located, the minimum annual deductible for damage to such structure shall be—
(A) $1,000, if the flood insurance coverage for such structure covers loss of, or physical damage to, such structure in an amount equal to or less than $100,000; and
(B) $1,250, if the flood insurance coverage for such structure covers loss of, or physical damage to, such structure in an amount greater than $100,000.
(c) Payment of claims to condominium owners The Administrator may not deny payment for any damage to or loss of property which is covered by flood insurance to condominium owners who purchased such flood insurance separate and apart from the flood insurance purchased by the condominium association in which such owner is a member, based solely, or in any part, on the flood insurance coverage of the condominium association or others on the overall property owned by the condominium association.
(Pub. L. 90448, title XIII, § 1312, Aug. 1, 1968, 82 Stat. 579; Pub. L. 98181, title I [title IV, § 451(d)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 112141, div. F, title II, §§ 100210, 100214, July 6, 2012, 126 Stat. 920, 924.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsecs. (a) and (b), was in the original a reference to “this title” meaning title XIII of Pub. L. 90448, 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.
Amendments2012—Pub. L. 112141, § 100210, designated existing provisions as subsec. (a) and inserted heading, substituted “The Administrator is” for “The Director is”, and added subsec. (b). Subsec. (c). Pub. L. 112141, § 100214, added subsec. (c). 1983—Pub. L. 98181 substituted “Director” for “Secretary”.
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. 90448, 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.
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# 42 U.S.C. § 4020 - Dissemination of flood insurance information
## Text
The Administrator shall from time to time take such action as may be necessary in order to make information and data available to the public, and to any State or local agency or official, with regard to—
(1) the flood insurance program, its coverage and objectives, and
(2) estimated and chargeable flood insurance premium rates, including the basis for and differences between such rates in accordance with the provisions of section 4015 of this title.
(Pub. L. 90448, title XIII, § 1313, Aug. 1, 1968, 82 Stat. 579; Pub. L. 98181, title I [title IV, § 451(d)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 112141, div. F, title II, § 100238(b)(1), July 6, 2012, 126 Stat. 958.)
## Notes
Editorial Notes
Amendments2012—Pub. L. 112141 substituted “Administrator” for “Director” in introductory provisions. 1983—Pub. L. 98181 substituted “Director” for “Secretary” in introductory provisions.
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. 90448, 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.
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# 42 U.S.C. § 4021 - Participation in State disaster claims mediation programs
## Text
(a) Requirement to participate In the case of the occurrence of a major disaster, as defined in section 5122 of this title, that may have resulted in flood damage covered under the national flood insurance program established under this chapter and other personal lines residential property insurance coverage offered by a State regulated insurer, upon a request made by the insurance commissioner of a State (or such other official responsible for regulating the business of insurance in the State) for the participation of representatives of the Administrator in a program sponsored by such State for nonbinding mediation of insurance claims resulting from a major disaster, the Administrator shall cause representatives of the national flood insurance program to participate in such a State program where claims under the national flood insurance program are involved to expedite settlement of flood damage claims resulting from such disaster.
(b) Extent of participation In satisfying the requirements of subsection (a), the Administrator shall require that each representative of the Administrator—
(1) be certified for purposes of the national flood insurance program to settle claims against such program resulting from such disaster in amounts up to the limits of policies under such program;
(2) attend State-sponsored mediation meetings regarding flood insurance claims resulting from such disaster at such times and places as may be arranged by the State;
(3) participate in good-faith negotiations toward the settlement of such claims with policyholders of coverage made available under the national flood insurance program; and
(4) finalize the settlement of such claims on behalf of the national flood insurance program with such policyholders.
(c) Coordination Representatives of the Administrator shall at all times coordinate their activities with insurance officials of the State and representatives of insurers for the purposes of consolidating and expediting settlement of claims under the national flood insurance program resulting from such disaster.
(d) Qualifications of mediators Each State mediator participating in State-sponsored mediation under this section shall be—
(1) (A) a member in good standing of the State bar in the State in which the mediation is to occur with at least 2 years of practical experience; and
(B) an active member of such bar for at least 1 year prior to the year in which such mediators participation is sought; or
(2) a retired trial judge from any United States jurisdiction who was a member in good standing of the bar in the State in which the judge presided for at least 5 years prior to the year in which such mediators participation is sought.
(e) Mediation proceedings and documents privileged As a condition of participation, all statements made and documents produced pursuant to State-sponsored mediation involving representatives of the Administrator shall be deemed privileged and confidential settlement negotiations made in anticipation of litigation.
(f) Liability, rights, or obligations not affected Participation in State-sponsored mediation, as described in this section does not—
(1) affect or expand the liability of any party in contract or in tort; or
(2) affect the rights or obligations of the parties, as established—
(A) in any regulation issued by the Administrator, including any regulation relating to a standard flood insurance policy;
(B) under this chapter; and
(C) under any other provision of Federal law.
(g) Exclusive Federal jurisdiction Participation in State-sponsored mediation shall not alter, change, or modify the original exclusive jurisdiction of United States courts, as set forth in this chapter.
(h) Cost limitation Nothing in this section shall be construed to require the Administrator or a representative of the Administrator to pay additional mediation fees relating to flood insurance claims associated with a State-sponsored mediation program in which such representative of the Administrator participates.
(i) Exception In the case of the occurrence of a major disaster that results in flood damage claims under the national flood insurance program and that does not result in any loss covered by a personal lines residential property insurance policy—
(1) this section shall not apply; and
(2) the provisions of the standard flood insurance policy under the national flood insurance program and the appeals process established under section 205 of the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 (42 U.S.C. 4011 note) and the regulations issued pursuant to such section shall apply exclusively.
(j) Representatives of the Administrator For purposes of this section, the term “representatives of the Administrator” means representatives of the national flood insurance program who participate in the appeals process established under section 205 of the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 (42 U.S.C. 4011 note).
(Pub. L. 90448, title XIII, § 1314, as added Pub. L. 112141, div. F, title II, § 100223, July 6, 2012, 126 Stat. 934.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsecs. (a), (f)(2)(B), and (g), was in the original a reference to “this title” meaning title XIII of Pub. L. 90448, 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. Section 205 of the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004, referred to in subsecs. (i)(2) and (j), is section 205 of Pub. L. 108264, which is set out in a note under section 4011 of this title.
Prior ProvisionsA prior section 4021, Pub. L. 90448, title XIII, § 1314, Aug. 1, 1968, 82 Stat. 579, which denied Federal disaster assistance after Dec. 31, 1973, to persons who for a period of a year or more could have purchased flood insurance but did not do so, and defined “Federal disaster assistance” and “financial assistance”, was repealed by Pub. L. 93234, title II, § 203, Dec. 31, 1973, 87 Stat. 982.
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# 42 U.S.C. § 4022 - State and local land use controls
## Text
(a) Requirement for participation in flood insurance program (1) In general After December 31, 1971, no new flood insurance coverage shall be provided under this chapter in any area (or subdivision thereof) unless an appropriate public body shall have adopted adequate land use and control measures (with effective enforcement provisions) which the Administrator finds are consistent with the comprehensive criteria for land management and use under section 4102 of this title.
(2) Agricultural structures (A) Activity restrictions Notwithstanding any other provision of law, the adequate land use and control measures required to be adopted in an area (or subdivision thereof) pursuant to paragraph (1) may provide, at the discretion of the appropriate State or local authority, for the repair and restoration to predamaged conditions of an agricultural structure that—
(i) is a repetitive loss structure; or
(ii) has incurred flood-related damage to the extent that the cost of restoring the structure to its predamaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
(B) Premium rates and coverage To the extent applicable, an agricultural structure repaired or restored pursuant to subparagraph (A) shall pay chargeable premium rates established under section 4015 of this title at the estimated risk premium rates under section 4014(a)(1) of this title. If resources are available, the Administrator shall provide technical assistance and counseling, upon request of the owner of the structure, regarding wet flood-proofing and other flood damage reduction measures for agricultural structures. The Administrator shall not be required to make flood insurance coverage available for such an agricultural structure unless the structure is wet flood-proofed through permanent or contingent measures applied to the structure or its contents that prevent or provide resistance to damage from flooding by allowing flood waters to pass through the structure, as determined by the Administrator.
(C) Prohibition on disaster relief Notwithstanding any other provision of law, any agricultural structure repaired or restored pursuant to subparagraph (A) shall not be eligible for disaster relief assistance under any program administered by the Administrator or any other Federal agency.
(D) Definitions For purposes of this paragraph—
(i) the term “agricultural structure” means any structure used exclusively in connection with the production, harvesting, storage, raising, or drying of agricultural commodities; and
(ii) the term “agricultural commodities” means agricultural commodities and livestock.
(b) Community rating system and incentives for community floodplain management (1) Authority and goals The Administrator shall carry out a community rating system program, under which communities participate voluntarily—
(A) to provide incentives for measures that reduce the risk of flood or erosion damage that exceed the criteria set forth in section 4102 of this title and evaluate such measures;
(B) to encourage adoption of more effective measures that protect natural and beneficial floodplain functions;
(C) to encourage floodplain and erosion management; and
(D) to promote the reduction of Federal flood insurance losses.
(2) Incentives The program shall provide incentives in the form of credits on premium rates for flood insurance coverage in communities that the Administrator determines have adopted and enforced measures that reduce the risk of flood and erosion damage that exceed the criteria set forth in section 4102 of this title. In providing incentives under this paragraph, the Administrator may provide for credits to flood insurance premium rates in communities that the Administrator determines have implemented measures that protect natural and beneficial floodplain functions.
(3) Credits The credits on premium rates for flood insurance coverage shall be based on the estimated reduction in flood and erosion damage risks resulting from the measures adopted by the community under this program. If a community has received mitigation assistance under section 4104c of this title, the credits shall be phased in a manner, determined by the Administrator, to recover the amount of such assistance provided for the community.
(4) Reports Not later than 2 years after September 23, 1994, and not less than every 2 years thereafter, the Administrator shall submit a report to the Congress regarding the program under this subsection. Each report shall include an analysis of the cost-effectiveness of the program, any other accomplishments or shortcomings of the program, and any recommendations of the Administrator for legislation regarding the program.
(c) Replacement of mobile homes on original sites (1) Community participation The placement of any mobile home on any site shall not affect the eligibility of any community to participate in the flood insurance program under this chapter and the Flood Disaster Protection Act of 1973 (notwithstanding that such placement may fail to comply with any elevation or flood damage mitigation requirements), if—
(A) such mobile home was previously located on such site;
(B) such mobile home was relocated from such site because of flooding that threatened or affected such site; and
(C) such replacement is conducted not later than the expiration of the 180-day period that begins upon the subsidence (in the area of such site) of the body of water that flooded to a level considered lower than flood levels.
(2) Definition For purposes of this subsection, the term “mobile home” has the meaning given such term in the law of the State in which the mobile home is located.
(Pub. L. 90448, title XIII, § 1315, Aug. 1, 1968, 82 Stat. 580; Pub. L. 91152, title IV, § 410(b), Dec. 24, 1969, 83 Stat. 397; Pub. L. 98181, title I [title IV, § 451(d)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 103325, title V, §§ 541, 580, Sept. 23, 1994, 108 Stat. 2268, 2285; Pub. L. 108264, title I, § 108, June 30, 2004, 118 Stat. 724; Pub. L. 112141, div. F, title II, § 100238(b)(1), July 6, 2012, 126 Stat. 958.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsecs. (a)(1) and (c)(1), was in the original a reference to “this title” meaning title XIII of Pub. L. 90448, 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. The Flood Disaster Protection Act of 1973, referred to in subsec. (c)(1), is Pub. L. 93234, Dec. 31, 1973, 87 Stat. 975. For complete classification of this Act to the Code, see Short Title of 1973 Amendment note set out under section 4001 of this title and Tables.
Amendments2012—Subsecs. (a)(1), (2)(B), (C), (b). Pub. L. 112141 substituted “Administrator” for “Director” wherever appearing. 2004—Subsec. (c). Pub. L. 108264 added subsec. (c). 1994—Subsec. (a)(1). Pub. L. 103325, § 541(1), designated existing provisions as subsec. (a)(1) and inserted headings. Subsec. (a)(2). Pub. L. 103325, § 580, added par. (2). Subsec. (b). Pub. L. 103325, § 541(2), added subsec. (b). 1983—Pub. L. 98181 substituted “Director” for “Secretary”. 1969—Pub. L. 91152 substituted provisions prohibiting new flood insurance coverage after Dec. 31, 1971, unless adequate land use measures have been adopted, for provisions prohibiting such coverage after June 30, 1970, unless permanent land use measures have been adopted.
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. 90448, 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.
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# 42 U.S.C. § 4023 - Properties in violation of State and local law
## Text
No new flood insurance coverage shall be provided under this chapter for any property which the Administrator finds has been declared by a duly constituted State or local zoning authority, or other authorized public body, to be in violation of State or local laws, regulations, or ordinances which are intended to discourage or otherwise restrict land development or occupancy in flood-prone areas.
(Pub. L. 90448, title XIII, § 1316, Aug. 1, 1968, 82 Stat. 580; Pub. L. 98181, title I [title IV, § 451(d)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 112141, div. F, title II, § 100238(b)(1), July 6, 2012, 126 Stat. 958.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original a reference to “this title” meaning title XIII of Pub. L. 90448, 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.
Amendments2012—Pub. L. 112141 substituted “Administrator” for “Director”. 1983—Pub. L. 98181 substituted “Director” for “Secretary”.
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. 90448, 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.
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# 42 U.S.C. § 4024 - Coordination with other programs
## Text
In carrying out this chapter, the Administrator shall consult with other departments and agencies of the Federal Government, and with interstate, State, and local agencies having responsibilities for flood control, flood forecasting, or flood damage prevention, in order to assure that the programs of such agencies and the flood insurance program authorized under this chapter are mutually consistent.
(Pub. L. 90448, title XIII, § 1317, Aug. 1, 1968, 82 Stat. 581; Pub. L. 98181, title I [title IV, § 451(d)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 112141, div. F, title II, § 100238(b)(1), July 6, 2012, 126 Stat. 958.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original a reference to “this title” meaning title XIII of Pub. L. 90448, 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.
Amendments2012—Pub. L. 112141 substituted “Administrator” for “Director”. 1983—Pub. L. 98181 substituted “Director” for “Secretary”.
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. 90448, 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.
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# 42 U.S.C. § 4025 - Flood insurance advisory committee
## Text
(a) Appointment; duties The Administrator shall appoint a flood insurance advisory committee without regard to the provisions of title 5 governing appointments in the competitive service, and such committee shall advise the Administrator in the preparation of any regulations prescribed in accordance with this chapter and with respect to policy matters arising in the administration of this chapter, and shall perform such other responsibilities as the Administrator may, from time to time, assign to such committee.
(b) Membership Such committee shall consist of not more than fifteen persons and such persons shall be selected from among representatives of—
(1) the insurance industry,
(2) State and local governments,
(3) lending institutions,
(4) the homebuilding industry, and
(5) the general public.
(c) Compensation and travel expenses Members of the committee shall, while attending conferences or meetings thereof, be entitled to receive compensation at a rate fixed by the Administrator but not exceeding $100 per day, including traveltime, and while so serving away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as is authorized under section 5703 of title 5 for persons in the Government service employed intermittently.
(Pub. L. 90448, title XIII, § 1318, Aug. 1, 1968, 82 Stat. 581; Pub. L. 98181, title I [title IV, § 451(d)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 112141, div. F, title II, § 100238(b)(1), July 6, 2012, 126 Stat. 958.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (a), was in the original a reference to “this title” meaning title XIII of Pub. L. 90448, 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.
Amendments2012—Subsecs. (a), (c). Pub. L. 112141 substituted “Administrator” for “Director” wherever appearing. 1983—Subsecs. (a), (c). Pub. L. 98181 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. 90448, 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.
Termination of Advisory CommitteesAdvisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.
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# 42 U.S.C. § 4027 - Biennial report to President
## Text
(a) In general The Administrator shall biennially submit a report of operations under this chapter to the President for submission to the Congress.
(b) Effects of flood insurance program The Administrator shall include, as part of the biennial report submitted under subsection (a), a chapter reporting on the effects on the flood insurance program observed through implementation of requirements under the Riegle Community Development and Regulatory Improvement Act of 1994.
(Pub. L. 90448, title XIII, § 1320, Aug. 1, 1968, 82 Stat. 581; Pub. L. 96470, title II, § 205(b), Oct. 19, 1980, 94 Stat. 2244; Pub. L. 98181, title I [title IV, § 451(d)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 103325, title V, § 581, Sept. 23, 1994, 108 Stat. 2286; Pub. L. 112141, div. F, title II, § 100238(b)(1), July 6, 2012, 126 Stat. 958.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (a), was in the original a reference to “this title” meaning title XIII of Pub. L. 90448, 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. The Riegle Community Development and Regulatory Improvement Act of 1994, referred to in subsec. (b), is Pub. L. 103325, Sept. 23, 1994, 108 Stat. 2160. For complete classification of this Act to the Code, see Short Title note set out under section 4701 of Title 12, Banks and Banking, and Tables.
Amendments2012—Pub. L. 112141 substituted “Administrator” for “Director” in subsecs. (a) and (b). 1994—Pub. L. 103325 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1983—Pub. L. 98181 substituted “Director” for “Secretary”. 1980—Pub. L. 96470 substituted “biennially submit” for “include” and struck out “in the annual report” after “under this chapter” and “required by section 3536 of this title” after “the Congress”.
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. 90448, 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.
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# 42 U.S.C. § 4027a - Report of the Administrator on activities under the National Flood Insurance Program
## Text
(1) In general The Administrator shall, on an annual basis, submit a full report on the operations, activities, budget, receipts, and expenditures of the National Flood Insurance Program for the preceding 12-month period to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives.
(2) Timing Each report required under paragraph (1) shall be submitted to the committees described in paragraph (1) not later than 3 months following the end of each fiscal year.
(3) Contents Each report required under paragraph (1) shall include—
(A) the current financial condition and income statement of the National Flood Insurance Fund established under section 4017 of this title, including—
(i) premiums paid into such Fund;
(ii) policy claims against such Fund; and
(iii) expenses in administering such Fund;
(B) the number and face value of all policies issued under the National Flood Insurance Program that are in force;
(C) a description and summary of the losses attributable to repetitive loss structures;
(D) a description and summary of all losses incurred by the National Flood Insurance Program due to—
(i) hurricane related damage; and
(ii) nonhurricane related damage;
(E) the amounts made available by the Administrator for mitigation assistance under section 4104c(c)(4) of this title, as so redesignated by this Act, for the purchase of properties substantially damaged by flood for that fiscal year, and the actual number of flood damaged properties purchased and the total cost expended to purchase such properties;
(F) the estimate of the Administrator as to the average historical loss year, and the basis for that estimate;
(G) the estimate of the Administrator as to the maximum amount of claims that the National Flood Insurance Program would have to expend in the event of a catastrophic year;
(H) the average—
(i) amount of insurance carried per flood insurance policy;
(ii) premium per flood insurance policy; and
(iii) loss per flood insurance policy; and
(I) the number of claims involving damages in excess of the maximum amount of flood insurance available under the National Flood Insurance Program and the sum of the amount of all damages in excess of such amount.
(Pub. L. 112141, div. F, title II, § 100231(b), July 6, 2012, 126 Stat. 950.)
## Notes
Editorial Notes
References in TextThis Act, referred to in par. (3)(E), is Pub. L. 112141, July 6, 2012, 126 Stat. 405, known as the Moving Ahead for Progress in the 21st Century Act and also as the MAP21. For complete classification of this Act to the Code, see Short Title of 2012 Amendment note set out under section 101 of Title 23, Highways, and Tables.
Codification Section was enacted as part of the Biggert-Waters Flood Insurance Reform Act of 2012, and also as part of the Moving Ahead for Progress in the 21st Century Act, also known as the MAP21, and not as part of the National Flood Insurance Act of 1968 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Definitions For definitions of terms used in this section, see section 4004 of this title.
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# 42 U.S.C. § 4027b - Assessment of claims-paying ability
## Text
(1) Assessment (A) Assessment required (i) In general Not later than September 30 of each year, the Administrator shall conduct an assessment of the ability of the National Flood Insurance Program to pay claims.
(ii) Private market reinsurance The assessment under this paragraph for any year in which the Administrator exercises the authority under section 4055(a)(2) of this title, as added by this section,11 See References in Text note below. to secure reinsurance of coverage provided by the National Flood Insurance Program from the private market shall include information relating the use of private sector reinsurance and reinsurance equivalents by the Administrator, whether or not the Administrator used the borrowing authority under section 4016 of this title.
(iii) First assessment The Administrator shall conduct the first assessment required under this paragraph not later than September 30, 2012.
(B) Considerations In conducting an assessment under subparagraph (A), the Administrator shall take into consideration regional concentrations of coverage written by the National Flood Insurance Program, peak flood zones, and relevant mitigation measures.
(2) Annual report of the Administrator of activities under the National Flood Insurance Program The Administrator shall—
(A) include the results of each assessment in the report required under section 4027a of this title; and
(B) not later than 30 days after the date on which the Administrator completes an assessment required under paragraph (1), make the results of the assessment available to the public.
(Pub. L. 112141, div. F, title II, § 100232(e), July 6, 2012, 126 Stat. 955.)
## Notes
Editorial Notes
References in TextThis section, referred to in par. (1)(A)(ii), means section 100232 of Pub. L. 112141, which enacted this section and amended sections 4051, 4052, 4055, 4082, and 4121 of this title.
Codification Section was enacted as part of the Biggert-Waters Flood Insurance Reform Act of 2012, and also as part of the Moving Ahead for Progress in the 21st Century Act, also known as the MAP21, and not as part of the National Flood Insurance Act of 1968 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Definitions For definitions of terms used in this section, see section 4004 of this title.
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# 42 U.S.C. § 4028 - John H. Chafee Coastal Barrier Resources System
## Text
(a) No new flood insurance coverage may be provided under this chapter on or after October 1, 1983, for any new construction or substantial improvements of structures located on any coastal barrier within the John H. Chafee Coastal Barrier Resources System established by section 3503 of title 16. A federally insured financial institution may make loans secured by structures which are not eligible for flood insurance by reason of this section.
(b) No new flood insurance coverage may be provided under this chapter after the expiration of the 1-year period beginning on November 16, 1990, for any new construction or substantial improvements of structures located in any area identified and depicted on the maps referred to in section 3503(a) of title 16 as an area that is (1) not within the John H. Chafee Coastal Barrier Resources System and (2) is in an otherwise protected area. Notwithstanding the preceding sentence, new flood insurance coverage may be provided for structures in such protected areas that are used in a manner consistent with the purpose for which the area is protected.
(Pub. L. 90448, title XIII, § 1321, as added Pub. L. 9735, title III, § 341(d)(1), Aug. 13, 1981, 95 Stat. 419; amended Pub. L. 97348, § 11(a), Oct. 18, 1982, 96 Stat. 1658; Pub. L. 101591, § 9, Nov. 16, 1990, 104 Stat. 2938; Pub. L. 106167, § 3(c)(7), Dec. 9, 1999, 113 Stat. 1804.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original a reference to “this title” meaning title XIII of Pub. L. 90448, 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.
Amendments1999—Pub. L. 106167 amended section catchline and substituted “John H. Chafee Coastal Barrier Resources System” for “Coastal Barrier Resources System” in subsecs. (a) and (b). 1990—Pub. L. 101591 designated existing provisions as subsec. (a) and added subsec. (b). 1982—Subsecs. (a) to (c). Pub. L. 97348 struck out subsec. designations in subsecs. (a) and (c), in provisions of former subsec. (a) substituted “on any coastal barrier within the Coastal Barrier Resources System established by section 3503 of title 16” for “on undeveloped coastal barriers which shall be designated by the Secretary of the Interior”, and struck out subsec. (b) which provided definitions for purposes of this section.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 1981, see section 371 of Pub. L. 9735, set out as a note under section 3701 of Title 12, Banks and Banking.
Study for Designation of Undeveloped Coastal Barriers; Report and Recommendations to CongressPub. L. 9735, title III, § 341(d)(2), Aug. 13, 1981, 95 Stat. 419, relating to a study by the Secretary of the Interior for the purpose of designating the undeveloped coastal barriers affected by this section, and transmittal to Congress of a report on such study, was repealed by Pub. L. 97348, § 11(b), Oct. 18, 1982, 96 Stat. 1659.
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# 42 U.S.C. § 4029 - Colorado River Floodway
## Text
(a) Renewal and transfer of policies; acquisition of policies after filing of maps Owners of existing National Flood Insurance Act policies with respect to structures located within the Floodway established under section 1600c of title 43 shall have the right to renew and transfer such policies. Owners of existing structures located within said Floodway on October 8, 1986, who have not acquired National Flood Insurance Act policies shall have the right to acquire policies with respect to such structures for six months after the Secretary of the Interior files the Floodway maps required by section 1600c(b)(2) 11 See References in Text note below. of title 43 and to renew and transfer such policies.
(b) New coverage for new construction or substantial improvements No new flood insurance coverage may be provided under this chapter on or after a date six months after October 8, 1986, for any new construction or substantial improvements of structures located within the Colorado River Floodway established by section 1600c of title 43. New construction includes all structures that are not insurable prior to that date.
(c) Establishment of temporary boundaries The Secretary of the Interior may by rule after notice and comment pursuant to section 553 of title 5 establish temporary Floodway boundaries to be in effect until the maps required by section 1600c(b)(2) 1 of title 43 are filed, for the purpose of enforcing subsections (b) and (d) of this section.
(d) Loans by federally supervised, approved, regulated, or insured financial institutions A regulated lending institution or Federal agency lender may make loans secured by structures which are not eligible for flood insurance by reason of this section: Provided, That prior to making such a loan, such institution determines that the loans or structures securing the loan are within the Floodway.
(Pub. L. 90448, title XIII, § 1322, as added Pub. L. 99450, § 12, Oct. 8, 1986, 100 Stat. 1135; amended Pub. L. 100242, title V, § 545(e), Feb. 5, 1988, 101 Stat. 1942; Pub. L. 103325, title V, § 512(b), Sept. 23, 1994, 108 Stat. 2257.)
## Notes
Editorial Notes
References in TextThe National Flood Insurance Act, referred to in subsec. (a), probably means the National Flood Insurance Act of 1968, title XIII of Pub. L. 90448, Aug. 1, 1968, 82 Stat. 572, which is classified principally to this chapter (§ 4001 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 4001 of this title and Tables. Section 1600c(b)(2) of title 43, referred to in subsecs. (a) and (c), was struck out and former subsec. (b)(1)(ii) redesignated (b)(2) of section 1600c by Pub. L. 105362, title IX, § 901(d)(1), Nov. 10, 1998, 112 Stat. 3289. As amended, section 1600c(b)(2) no longer relates to maps required to be prepared and filed by the Secretary. This chapter, referred to in subsec. (b), was in the original a reference to “this title” meaning title XIII of Pub. L. 90448, 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.
Amendments1994—Subsec. (d). Pub. L. 103325 substituted “regulated lending institution or Federal agency lender” for “federally supervised, approved, regulated or insured financial institution”. 1988—Pub. L. 100242 inserted section catchline.
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# 42 U.S.C. § 4030 - Repealed. Pub. L. 112141, div. F, title II, § 100225(b), July 6, 2012, 126 Stat. 941
## Notes
Section, Pub. L. 90448, title XIII, § 1323, as added Pub. L. 108264, title I, § 104(a), June 30, 2004, 118 Stat. 722, provided funding for mitigation actions that reduce flood damages to individual properties for which 1 or more claim payments for losses have been made under flood insurance coverage under this chapter.
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# 42 U.S.C. § 4031 - Treatment of certain payments
## Text
Assistance provided under a program under this chapter for flood mitigation activities (including any assistance provided under the mitigation pilot program under section 4102a 11 See References in Text note below. of this title, any assistance provided under the mitigation assistance program under section 4104c of this title, and any funding provided under section 4030 1 of this title) with respect to a property shall not be considered income or a resource of the owner of the property when determining eligibility for or benefit levels under any income assistance or resource-tested program that is funded in whole or in part by an agency of the United States or by appropriated funds of the United States.
(Pub. L. 90448, title XIII, § 1324, as added Pub. L. 10964, § 1, Sept. 20, 2005, 119 Stat. 1997.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original a reference to “this title” meaning title XIII of Pub. L. 90448, 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. Section 4102a of this title, referred to in text, was repealed by Pub. L. 112141, div. F, title II, § 100225(c), July 6, 2012, 126 Stat. 941. Section 4030 of this title, referred to in text, was repealed by Pub. L. 112141, div. F, title II, § 100225(b), July 6, 2012, 126 Stat. 941.
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# 42 U.S.C. § 4032 - Treatment of swimming pool enclosures outside of hurricane season
## Text
(a) In general Notwithstanding any other provision of law, including the adequate land use and control measures developed pursuant to section 4102 of this title and applicable to non-one- and two-family structures located within coastal areas, as identified by the Administrator, the following may be permitted:
(1) Nonsupporting breakaway walls in the space below the lowest elevated floor of a building, if the space is used solely for a swimming pool between November 30 and June 1 of any year, in an area designated as Zone V on a flood insurance rate map.
(2) Openings in walls in the space below the lowest elevated floor of a building, if the space is used solely for a swimming pool between November 30 and June 1 of any year, in an area designated as Zone A on a flood insurance rate map.
(b) Rule of construction Nothing in subsection (a) shall be construed to alter the terms and conditions of eligibility and insurability of coverage for a building under the standard flood insurance policy under the national flood insurance program.
(Pub. L. 90448, title XIII, § 1325, as added Pub. L. 112141, div. F, title II, § 100242, July 6, 2012, 126 Stat. 962.)
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# 42 U.S.C. § 4033 - Designation of Flood Insurance Advocate
## Text
(a) In general The Administrator shall designate a Flood Insurance Advocate to advocate for the fair treatment of policy holders under the National Flood Insurance Program and property owners in the mapping of flood hazards, the identification of risks from flood, and the implementation of measures to minimize the risk of flood.
(b) Duties and responsibilities The duties and responsibilities of the Flood Insurance Advocate designated under subsection (a) shall be to—
(1) educate property owners and policyholders under the National Flood Insurance Program on—
(A) individual flood risks;
(B) flood mitigation;
(C) measures to reduce flood insurance rates through effective mitigation;
(D) the flood insurance rate map review and amendment process; and
(E) any changes in the flood insurance program as a result of any newly enacted laws (including this Act);
(2) assist policy holders under the National Flood Insurance Program and property owners to understand the procedural requirements related to appealing preliminary flood insurance rate maps and implementing measures to mitigate evolving flood risks;
(3) assist in the development of regional capacity to respond to individual constituent concerns about flood insurance rate map amendments and revisions;
(4) coordinate outreach and education with local officials and community leaders in areas impacted by proposed flood insurance rate map amendments and revisions; and
(5) aid potential policy holders under the National Flood Insurance Program in obtaining and verifying accurate and reliable flood insurance rate information when purchasing or renewing a flood insurance policy.
(Pub. L. 11389, § 24, Mar. 21, 2014, 128 Stat. 1030.)
## Notes
Editorial Notes
References in TextThis Act, referred to in subsec. (b)(1)(E), is Pub. L. 11389, Mar. 21, 2014, 128 Stat. 1020, known as the Homeowner Flood Insurance Affordability Act of 2014. For complete classification of this Act to the Code, see Short Title of 2014 Amendment note set out under section 4001 of this title and Tables.
Codification Section was enacted as part of the Homeowner Flood Insurance Affordability Act of 2014, and not as part of the National Flood Insurance Act of 1968 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Definitions For definitions of terms used in this section, see section 4005 of this title.
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# 42 U.S.C. § 4041 - Implementation of program
## Text
Following such consultation with representatives of the insurance industry as may be necessary, the Administrator shall implement the flood insurance program authorized under subchapter I in accordance with the provisions of part A of this subchapter and, if a determination is made by him under section 4071 of this title, under part B of this subchapter.
(Pub. L. 90448, title XIII, § 1330, Aug. 1, 1968, 82 Stat. 581; Pub. L. 98181, title I [title IV, § 451(d)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 112141, div. F, title II, § 100238(b)(1), July 6, 2012, 126 Stat. 958.)
## Notes
Editorial Notes
Amendments2012—Pub. L. 112141 substituted “Administrator” for “Director”. 1983—Pub. L. 98181 substituted “Director” for “Secretary”.
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. 90448, 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.
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# 42 U.S.C. § 4051 - Industry flood insurance pool; requirements for participation
## Text
(a) The Administrator is authorized to encourage and otherwise assist any insurance companies and other insurers which meet the requirements prescribed under subsection (b) to form, associate, or otherwise join together in a pool—
(1) in order to provide the flood insurance coverage authorized under subchapter I; and
(2) for the purpose of assuming, including as reinsurance of coverage provided by the flood insurance program, on such terms and conditions as may be agreed upon, such financial responsibility as will enable such companies and other insurers, with the Federal financial and other assistance available under this chapter, to assume a reasonable proportion of responsibility for the adjustment and payment of claims for losses under the flood insurance program.
(b) In order to promote the effective administration of the flood insurance program under this part, and to assure that the objectives of this chapter are furthered, the Administrator is authorized to prescribe appropriate requirements for insurance companies and other insurers participating in such pool including, but not limited to, minimum requirements for capital or surplus or assets.
(Pub. L. 90448, title XIII, § 1331, Aug. 1, 1968, 82 Stat. 582; Pub. L. 98181, title I [title IV, § 451(d)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 112141, div. F, title II, §§ 100232(d)(1), 100238(b)(1), July 6, 2012, 126 Stat. 954, 958.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsecs. (a)(2) and (b), was in the original a reference to “this title” meaning title XIII of Pub. L. 90448, 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.
Amendments2012—Subsec. (a). Pub. L. 112141, § 100238(b)(1), substituted “Administrator” for “Director” in introductory provisions. Subsec. (a)(2). Pub. L. 112141, § 100232(d)(1), inserted “, including as reinsurance of coverage provided by the flood insurance program” before “, on such terms”. Subsec. (b). Pub. L. 112141, § 100238(b)(1), substituted “Administrator” for “Director”. 1983—Pub. L. 98181 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. 90448, 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.
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# 42 U.S.C. § 4052 - Agreements with flood insurance pool
## Text
(a) Authorization The Administrator is authorized to enter into such agreements with the pool formed or otherwise created under this part as he deems necessary to carry out the purposes of this chapter.
(b) Terms and conditions Such agreements shall specify—
(1) the terms and conditions under which risk capital will be available for the adjustment and payment of claims,
(2) the terms and conditions under which the pool (and the companies and other insurers participating therein) shall participate in premiums received and profits or losses realized or sustained,
(3) the maximum amount of profit, established by the Administrator and set forth in the schedules prescribed under section 4018 of this title, which may be realized by such pool (and the companies and other insurers participating therein),
(4) the terms and conditions under which operating costs and allowances set forth in the schedules prescribed under section 4018 of this title may be paid, and
(5) the terms and conditions under which premium equalization payments under section 4054 of this title will be made and reinsurance claims under section 4055 of this title will be paid.
(c) Additional provisions In addition, such agreements shall contain such provisions as the Administrator finds necessary to assure that—
(1) no insurance company or other insurer which meets the requirements prescribed under section 4051(b) of this title, and which has indicated an intention to participate in the flood insurance program on a risk-sharing basis, will be excluded from participating in the pool,
(2) the insurance companies and other insurers participating in the pool will take whatever action may be necessary to provide continuity of flood insurance coverage or reinsurance by the pool, and
(3) any insurance companies and other insurers, insurance agents and brokers, and insurance adjustment organizations will be permitted to cooperate with the pool as fiscal agents or otherwise, on other than a risk-sharing basis, to the maximum extent practicable.
(Pub. L. 90448, title XIII, § 1332, Aug. 1, 1968, 82 Stat. 582; Pub. L. 98181, title I [title IV, § 451(d)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 112141, div. F, title II, §§ 100232(d)(2), 100238(b)(1), July 6, 2012, 126 Stat. 954, 958.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (a), was in the original a reference to “this title” meaning title XIII of Pub. L. 90448, 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.
Amendments2012—Subsecs. (a), (b)(3), (c). Pub. L. 112141, § 100238(b)(1), substituted “Administrator” for “Director”. Subsec. (c)(2). Pub. L. 112141, § 100232(d)(2), inserted “or reinsurance” after “flood insurance coverage”. 1983—Subsecs. (a), (b)(3), (c). Pub. L. 98181 substituted “Director” for “Secretary”.
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. 90448, 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.
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# 42 U.S.C. § 4053 - Adjustment and payment of claims; judicial review; limitations; jurisdiction
## Text
The insurance companies and other insurers which form, associate, or otherwise join together in the pool under this part may adjust and pay all claims for proved and approved losses covered by flood insurance in accordance with the provisions of this chapter and, upon the disallowance by any such company or other insurer of any such claim, or upon the refusal of the claimant to accept the amount allowed upon any such claim, the claimant, within one year after the date of mailing of notice of disallowance or partial disallowance of the claim, may institute an action on such claim against such company or other insurer in the United States district court for the district in which the insured property or the major part thereof shall have been situated, and original exclusive jurisdiction is hereby conferred upon such court to hear and determine such action without regard to the amount in controversy.
(Pub. L. 90448, title XIII, § 1333, Aug. 1, 1968, 82 Stat. 583; Pub. L. 98181, title I [title IV, § 451(d)(3)], Nov. 30, 1983, 97 Stat. 1229.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original a reference to “this title” meaning title XIII of Pub. L. 90448, 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.
Amendments1983—Pub. L. 98181 inserted “original exclusive” before “jurisdiction”.
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. 90448, set out as a note under section 4001 of this title.
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# 42 U.S.C. § 4054 - Premium equalization payments; basis; aggregate amount; establishment of designated periods
## Text
(a) The Administrator, on such terms and conditions as he may from time to time prescribe, shall make periodic payments to the pool formed or otherwise created under section 4051 of this title, in recognition of such reductions in chargeable premium rates under section 4015 of this title below estimated premium rates under section 4014(a)(1) of this title as are required in order to make flood insurance available on reasonable terms and conditions.
(b) Designated periods under this section and the methods for determining the sum of premiums paid or payable during such periods shall be established by the Administrator.
(Pub. L. 90448, title XIII, § 1334, Aug. 1, 1968, 82 Stat. 583; Pub. L. 93234, title I, § 111, Dec. 31, 1973, 87 Stat. 981; Pub. L. 98181, title I [title IV, § 451(d)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 112141, div. F, title II, § 100238(b)(1), July 6, 2012, 126 Stat. 958.)
## Notes
Editorial Notes
Amendments2012—Pub. L. 112141 substituted “Administrator” for “Director” in subsecs. (a) and (b). 1983—Pub. L. 98181 substituted “Director” for “Secretary” in subsecs. (a) and (b). 1973—Subsecs. (b), (c). Pub. L. 93234 redesignated subsec. (c) as (b) and struck out former subsec. (b) prescribing formula for sharing losses between Government and industry and permit necessary flexibility in loss sharing to take into account longer-term loss experience trends and to compensate for lack of precision in actuarial computations.
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. 90448, 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.
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# 42 U.S.C. § 4055 - Reinsurance coverage
## Text
(a) Availability for excess losses (1) In general 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 section 4051 of this title, 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.
(Pub. L. 90448, title XIII, § 1335, Aug. 1, 1968, 82 Stat. 583; Pub. L. 98181, title I [title IV, § 451(d)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 112141, div. F, title II, §§ 100232(d)(3), 100238(b)(1), July 6, 2012, 126 Stat. 954, 958.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (c), was in the original a reference to “this title” meaning title XIII of Pub. L. 90448, 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.
Amendments2012—Subsec. (a). Pub. L. 112141, § 100232(d)(3), designated existing provisions as par. (1), inserted heading, substituted “The Administrator” for “The Director” and added par. (2). Subsecs. (b) to (d). Pub. L. 112141, § 100238(b)(1), substituted “Administrator” for “Director”. 1983—Pub. L. 98181 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. 90448, 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.
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# 42 U.S.C. § 4056 - Emergency implementation of flood insurance program; applicability of other provisions of law
## Text
(a) Notwithstanding any other provisions of this chapter, for the purpose of providing flood insurance coverage at the earliest possible time, the Administrator shall carry out the flood insurance program authorized under subchapter I during the period ending on the date specified in section 4026 of this title, in accordance with the provisions of this part and the other provisions of this chapter insofar as they relate to this part but subject to the modifications made by or under subsection (b).
(b) In carrying out the flood insurance program pursuant to subsection (a), the Administrator—
(1) shall provide insurance coverage without regard to any estimated risk premium rates which would otherwise be determined under section 4014 of this title; and
(2) shall utilize the provisions and procedures contained in or prescribed by this part (other than section 4054 of this title) and sections 4081 and 4082 of this title to such extent and in such manner as he may consider necessary or appropriate to carry out the purpose of this section.
(Pub. L. 90448, title XIII, § 1336, as added Pub. L. 91152, title IV, § 408, Dec. 24, 1969, 83 Stat. 396; amended Pub. L. 92213, § 2(a), Dec. 22, 1971, 85 Stat. 775; Pub. L. 93234, title I, § 106, Dec. 31, 1973, 87 Stat. 979; Pub. L. 94173, § 5, Dec. 23, 1975, 89 Stat. 1028; Pub. L. 94375, § 14(b), Aug. 3, 1976, 90 Stat. 1075; Pub. L. 95128, title VII, § 701(b), Oct. 12, 1977, 91 Stat. 1144; Pub. L. 95406, § 6(b), Sept. 30, 1978, 92 Stat. 880; Pub. L. 95557, title III, § 308(b), Oct. 31, 1978, 92 Stat. 2098; Pub. L. 96153, title VI, § 602(b), Dec. 21, 1979, 93 Stat. 1137; Pub. L. 9735, title III, § 341(b)(2), Aug. 13, 1981, 95 Stat. 419; Pub. L. 97289, § 4(b), Oct. 6, 1982, 96 Stat. 1231; Pub. L. 9835, § 4(b), May 26, 1983, 97 Stat. 198; Pub. L. 98109, § 5(b), Oct. 1, 1983, 97 Stat. 746; Pub. L. 98181, title I [title IV, § 451(b), (d)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 99120, § 4(a)(2), Oct. 8, 1985, 99 Stat. 503; Pub. L. 99156, § 4(a)(2), Nov. 15, 1985, 99 Stat. 816; Pub. L. 99219, § 4(a)(2), Dec. 26, 1985, 99 Stat. 1731; Pub. L. 99267, § 4(a)(2), Mar. 27, 1986, 100 Stat. 74; Pub. L. 99272, title III, § 3010(a)(2), Apr. 7, 1986, 100 Stat. 106; Pub. L. 99289, § 1(b), May 2, 1986, 100 Stat. 412; Pub. L. 99345, § 1, June 24, 1986, 100 Stat. 673; Pub. L. 99430, Sept. 30, 1986, 100 Stat. 986; Pub. L. 100122, § 1, Sept. 30, 1987, 101 Stat. 793; Pub. L. 100154, Nov. 5, 1987, 101 Stat. 890; Pub. L. 100170, Nov. 17, 1987, 101 Stat. 914; Pub. L. 100179, Dec. 3, 1987, 101 Stat. 1018; Pub. L. 100200, Dec. 21, 1987, 101 Stat. 1327; Pub. L. 100242, title V, § 541(b), Feb. 5, 1988, 101 Stat. 1939; Pub. L. 101137, § 1(b), Nov. 3, 1989, 103 Stat. 824; Pub. L. 101508, title II, § 2302(b), Nov. 5, 1990, 104 Stat. 138823; Pub. L. 103325, title V, § 571(b), Sept. 23, 1994, 108 Stat. 2277; Pub. L. 10546, § 118, Sept. 30, 1997, 111 Stat. 1157; Pub. L. 10565, title III, Oct. 27, 1997, 111 Stat. 1377; Pub. L. 105276, title III, title V, § 599D(b), Oct. 21, 1998, 112 Stat. 2502, 2663; Pub. L. 10773, title III, Nov. 26, 2001, 115 Stat. 689; Pub. L. 1083, § 2(a)(3), Jan. 13, 2003, 117 Stat. 7; Pub. L. 108171, § 2(a)(3), Dec. 6, 2003, 117 Stat. 2064; Pub. L. 108199, div. H, § 136(a)(3), Jan. 23, 2004, 118 Stat. 442; Pub. L. 108264, title I, § 101(c), June 30, 2004, 118 Stat. 714; Pub. L. 112141, div. F, title II, § 100238(b)(1), July 6, 2012, 126 Stat. 958.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (a), was in the original a reference to “this title” meaning title XIII of Pub. L. 90448, 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.
Amendments2012—Pub. L. 112141 substituted “Administrator” for “Director” in subsecs. (a) and (b). 2004—Subsec. (a). Pub. L. 108264 substituted “during the period ending on the date specified in section 4026 of this title, in accordance” for identical language. Pub. L. 108199 made amendment identical to that made by Pub. L. 108171. See 2003 Amendment note below. 2003—Subsec. (a). Pub. L. 108171 substituted “on the date specified in section 4026 of this title” for “December 31, 2003”. Pub. L. 1083 substituted “ending December 31, 2003, in” for “ending December 31, 2002, in”. 2001—Subsec. (a). Pub. L. 10773 substituted “December 31, 2002” for “September 30, 2001”. 1998—Subsec. (a). Pub. L. 105276, § 599D(b), which directed the substitution of “2001” for “1998”, was executed by substituting “2001” for “1999” to reflect the probable intent of Congress and the amendment by Pub. L. 105276, title III, see below. Pub. L. 105276, title III, substituted “1999” for “1998”. 1997—Subsec. (a). Pub. L. 10565 substituted “September 30, 1998” for “October 23, 1997”. Pub. L. 10546 substituted “October 23, 1997” for “September 30, 1996”. 1994—Subsec. (a). Pub. L. 103325 substituted “September 30, 1996” for “September 30, 1995”. 1990—Subsec. (a). Pub. L. 101508 substituted “September 30, 1995” for “September 30, 1991”. 1989—Subsec. (a). Pub. L. 101137 substituted “September 30, 1991” for “September 30, 1989”. 1988—Subsec. (a). Pub. L. 100242 substituted “September 30, 1989” for “March 15, 1988”. 1987—Subsec. (a). Pub. L. 100200 substituted “March 15, 1988” for “December 16, 1987”. Pub. L. 100179 substituted “December 16, 1987” for “December 2, 1987”. Pub. L. 100170 substituted “December 2, 1987” for “November 15, 1987”. Pub. L. 100154 substituted “November 15, 1987” for “October 31, 1987”. Pub. L. 100122 substituted “October 31, 1987” for “September 30, 1987”. 1986—Subsec. (a). Pub. L. 99430 substituted “September 30, 1987” for “September 30, 1986”. Pub. L. 99345 substituted “September 30, 1986” for “June 6, 1986”. Pub. L. 99289 substituted “June 6, 1986” for “April 30, 1986”. Pub. L. 99272 directed amendment identical to Pub. L. 99219 substituting “March 17, 1986” for “December 15, 1985”. Pub. L. 99267 substituted “April 30, 1986” for “March 17, 1986”. 1985—Subsec. (a). Pub. L. 99219 substituted “March 17, 1986” for “December 15, 1985”. Pub. L. 99156 substituted “December 15, 1985” for “November 14, 1985”. Pub. L. 99120 substituted “November 14, 1985” for “September 30, 1985”. 1983—Subsec. (a). Pub. L. 98181, § 451(d)(1), substituted “Director” for “Secretary”. Pub. L. 98181, § 451(b), substituted “September 30, 1985” for “November 30, 1983”. Pub. L. 98109 substituted “November 30, 1983” for “September 30, 1983”. Pub. L. 9835 substituted “September 30, 1983” for “May 20, 1983”. Subsec. (b). Pub. L. 98181, § 451(d)(1), substituted “Director” for “Secretary”. 1982—Subsec. (a). Pub. L. 97289 substituted “May 20, 1983” for “September 30, 1982”. 1981—Subsec. (a). Pub. L. 9735 substituted “1982” for “1981”. 1979—Subsec. (a). Pub. L. 96153 substituted “1981” for “1980”. 1978—Subsec. (a). Pub. L. 95557 substituted “September 30, 1980” for “October 31, 1978”. Pub. L. 95406 substituted “October 31, 1978” for “September 30, 1978”. 1977—Subsec. (a). Pub. L. 95128 substituted “1978” for “1977”. 1976—Subsec. (a). Pub. L. 94375 substituted “September 30, 1977” for “December 31, 1976”. 1975—Subsec. (a). Pub. L. 94173 substituted “1976” for “1975”. 1973—Subsec. (a). Pub. L. 93234 substituted “1975” for “1973”. 1971—Subsec. (a). Pub. L. 92213 substituted “1973” for “1971”.
Statutory Notes and Related Subsidiaries
Effective Date of 2004 AmendmentAmendment by Pub. L. 108199 considered to have taken effect on Dec. 31, 2003, see section 136(b) of div. H of Pub. L. 108199, set out as a note under section 4016 of this title.
Effective Date of 2003 AmendmentsAmendment by Pub. L. 108171 effective Dec. 31, 2003, see section 2(b) of Pub. L. 108171, set out as a note under section 4016 of this title. Amendment by Pub. L. 1083 effective Dec. 31, 2002, see section 2(b) of Pub. L. 1083, set out as a note under section 4016 of this title.
Effective Date of 1981 AmendmentAmendment by Pub. L. 9735 effective Oct. 1, 1981, see section 371 of Pub. L. 9735, set out as an Effective Date note under section 3701 of Title 12, Banks and Banking.
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.
Continuing Appropriations for Fiscal Year 1998The expiration date of Oct. 23, 1997 (see 1997 Amendment note above) was temporarily extended to Nov. 7, 1997, by Pub. L. 10564, Oct. 23, 1997, 111 Stat. 1343.
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# 42 U.S.C. § 4057 - Alternative loss allocation system for indeterminate claims
## Text
(a) Definitions In this section:
(1) Administrator The term “Administrator” means the Administrator of the Federal Emergency Management Agency.
(2) COASTAL Formula The term “COASTAL Formula” means the formula established under subsection (b).
(3) Coastal State The term “coastal State” has the meaning given the term “coastal state” in section 1453 of title 16, except that the term shall not apply with respect to a State or territory that has an operational wind and flood loss allocation system.
(4) Indeterminate loss (A) In general The term “indeterminate loss” means, as determined by an insurance claims adjuster certified under the national flood insurance program and in consultation with an engineer as appropriate, a loss resulting from physical damage to, or loss of, property located in any coastal State arising from the combined perils of flood and wind associated with a named storm.
(B) Requirements An insurance claims adjuster certified under the national flood insurance program shall only determine that a loss is an indeterminate loss if the claims adjuster determines that—
(i) no material remnant of physical buildings or man-made structures remain except building foundations for the specific property for which the claim is made; and
(ii) there is insufficient or no tangible evidence created, yielded, or otherwise left behind of the specific property for which the claim is made as a result of the named storm.
(5) Named storm The term “named storm” means any organized weather system with a defined surface circulation and maximum sustained winds of not less than 39 miles per hour which the National Hurricane Center of the United States National Weather Service names as a tropical storm or a hurricane.
(6) Post-storm assessment The term “post-storm assessment” means the post-storm assessment developed under section 3611(b) of title 33.
(7) State The term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States.
(8) Secretary The term “Secretary” means the Secretary of Homeland Security.
(9) Standard insurance policy The term “standard insurance policy” means any insurance policy issued under the national flood insurance program that covers loss or damage to property resulting from water peril.
(10) Property The term “property” means real or personal property that is insured under a standard insurance policy for loss or damage to structure or contents.
(11) Under Secretary The term “Under Secretary” means the Under Secretary of Commerce for Oceans and Atmosphere, in the Under Secretarys capacity as Administrator of the National Oceanic and Atmospheric Administration.
(b) Establishment of flood loss allocation formula for indeterminate claims (1) In general Not later than 180 days after the date on which the protocol is established under section 3611(c)(1) of title 33, the Secretary, acting through the Administrator and in consultation with the Under Secretary, shall publish for comment in the Federal Register a standard formula to determine and allocate wind losses and flood losses for claims involving indeterminate losses.
(2) Contents The standard formula established under paragraph (1) shall—
(A) incorporate data available from the Coastal Wind and Water Event Database established under section 3611(f) of title 33;
(B) use relevant data provided on the National Flood Insurance Program Elevation Certificate, or other data or information used to determine a propertys current risk of flood, as determined by the Administrator, for each indeterminate loss for which the formula is used;
(C) consider any sufficient and credible evidence, approved by the Administrator, of the pre-event condition of a specific property, including the findings of any policyholder or insurance claims adjuster in connection with the indeterminate loss to that specific property;
(D) include other measures, as the Administrator considers appropriate, required to determine and allocate by mathematical formula the property damage caused by flood or storm surge associated with a named storm; and
(E) subject to paragraph (3), for each indeterminate loss, use the post-storm assessment to allocate water damage (flood or storm surge) associated with a named storm.
(3) Degree of accuracy required The standard formula established under paragraph (1) shall specify that the Administrator may only use the post-storm assessment for purposes of the formula if the Under Secretary certifies that the post-storm assessment has a degree of accuracy of not less than 90 percent in connection with the specific indeterminate loss for which the assessment and formula are used.
(c) Authorized use of post-storm assessment and COASTAL Formula (1) In general Subject to paragraph (3), the Administrator may use the post-storm assessment and the COASTAL Formula to—
(A) review flood loss payments for indeterminate losses, including as part of the quality assurance reinspection program of the Federal Emergency Management Agency for claims under the national flood insurance program and any other process approved by the Administrator to review and validate payments under the national flood insurance program for indeterminate losses following a named storm; and
(B) assist the national flood insurance program to—
(i) properly cover qualified flood loss for claims for indeterminate losses; and
(ii) avoid paying for any loss or damage to property caused by any peril (including wind), other than flood or storm surge, that is not covered under a standard policy under the national flood insurance program.
(2) Federal disaster declaration Subject to paragraph (3), in order to expedite claims and reduce costs to the national flood insurance program, following any major disaster declared by the President under section 5170 of this title relating to a named storm in a coastal State, the Administrator may use the COASTAL Formula to determine and pay for any flood loss covered under a standard insurance policy under the national flood insurance program, if the loss is an indeterminate loss.
(3) National Academy of Sciences evaluation (A) Evaluation required (i) Evaluation Upon publication of the COASTAL Formula in the Federal Register as required by subsection (b)(1), and each time the Administrator modifies the COASTAL Formula, the National Academy of Sciences shall—
(I) evaluate the expected financial impact on the national flood insurance program of the use of the COASTAL Formula as so established or modified; and
(II) evaluate the validity of the scientific assumptions upon which the formula is based and determine whether the COASTAL formula 11 So in original. Probably should be capitalized. can achieve a degree of accuracy of not less than 90 percent in allocating flood losses for indeterminate losses.
(ii) Report The National Academy of Sciences shall submit a report containing the results of each evaluation under clause (i) to the Administrator, the Committee on Banking, Housing, and Urban Affairs and the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Financial Services and the Committee on Science, Space, and Technology of the House of Representatives.
(B) Effective date and applicability (i) Effective date Paragraphs (1) and (2) of this subsection shall not take effect unless the report under subparagraph (A) relating to the establishment of the COASTAL Formula concludes that the use of the COASTAL Formula for purposes of paragraph 22 So in original. Probably should be “paragraphs”. (1) and (2) would not have an adverse financial impact on the national flood insurance program and that the COASTAL Formula is based on valid scientific assumptions that would allow a degree of accuracy of not less than 90 percent to be achieved in allocating flood losses for indeterminate losses.
(ii) Effect of modifications Unless the report under subparagraph (A) relating to a modification of the COASTAL Formula concludes that the use of the COASTAL Formula, as so modified, for purposes of paragraphs (1) and (2) would not have an adverse financial impact on the national flood insurance program and that the COASTAL Formula is based on valid scientific assumptions that would allow a degree of accuracy of not less than 90 percent to be achieved in allocating flood losses for indeterminate losses the Administrator may not use the COASTAL Formula, as so modified, for purposes of paragraphs (1) and (2).
(C) Funding Notwithstanding section 4017 of this title, there shall be available to the Administrator from the National Flood Insurance Fund, of amounts not otherwise obligated, not more than $750,000 to carry out this paragraph.
(d) Disclosure of COASTAL Formula Not later than 30 days after the date on which a post-storm assessment is submitted to the Secretary under section 3611(b)(2)(E) of title 33, for each indeterminate loss for which the COASTAL Formula is used pursuant to subsection (c)(2), the Administrator shall disclose to the policyholder that makes a claim relating to the indeterminate loss—
(1) that the Administrator used the COASTAL Formula with respect to the indeterminate loss; and
(2) a summary of the results of the use of the COASTAL Formula.
(e) Consultation In carrying out subsections (b) and (c), the Secretary shall consult with—
(1) the Under Secretary for Oceans and Atmosphere;
(2) the Director of the National Institute of Standards and Technology;
(3) the Chief of Engineers of the Corps of Engineers;
(4) the Director of the United States Geological Survey;
(5) the Office of the Federal Coordinator for Meteorology;
(6) State insurance regulators of coastal States; and
(7) such public, private, and academic sector entities as the Secretary considers appropriate for purposes of carrying out such subsections.
(f) Recordkeeping Each consideration and measure the Administrator determines necessary to carry out subsection (b) may be required, with advanced approval of the Administrator, to be provided for on the National Flood Insurance Program Elevation Certificate, or maintained otherwise on record if approved by the Administrator, for any property that qualifies for the COASTAL Formula under subsection (c).
(g) Civil penalty (1) In general If an insurance claims adjuster knowingly and willfully makes a false or inaccurate determination relating to an indeterminate loss, the Administrator may, after notice and opportunity for hearing, impose on the insurance claims adjuster a civil penalty of not more than $1,000.
(2) Deposit Notwithstanding section 3302 of title 31 or any other law relating to the crediting of money, the Administrator shall deposit in the National Flood Insurance Fund any amounts received under this subsection, which shall remain available until expended and be available to the Administrator for purposes authorized for the National Flood Insurance Fund without further appropriation.
(h) Rule of construction Nothing in this subsection 33 So in original. Probably should be “this section”. shall be construed to require the Administrator to make any payment under the national flood insurance program, or an insurance company that issues a standard flood insurance policy under the national flood insurance program to make any payment, for an indeterminate loss based upon post-storm assessment, the COASTAL Formula, or any other loss allocation or post-storm assessment arising under the laws or ordinances of any State.
(i) Applicability Subsection (c) shall apply with respect to an indeterminate loss associated with a named storm that occurs 60 days after publication of the COASTAL Formula in the Federal Register as required by subsection (b)(1).
(j) Rule of Construction Nothing in this subsection 3 shall be construed to negate, set aside, or void any policy limit, including any loss limitation, set forth in a standard insurance policy.
(k) Rule of construction Nothing in this section shall be construed to create a cause of action under this chapter.
(Pub. L. 90448, title XIII, § 1337, as added Pub. L. 112141, div. F, title II, § 100253, July 6, 2012, 126 Stat. 974; amended Pub. L. 116271, title II, § 201(b), Dec. 31, 2020, 134 Stat. 3346.)
## Notes
Editorial Notes
Amendments2020—Subsec. (a)(3). Pub. L. 116271, § 201(b)(1)(A), inserted “, except that the term shall not apply with respect to a State or territory that has an operational wind and flood loss allocation system” before period at end. Subsec. (a)(5). Pub. L. 116271, § 201(b)(1)(B), inserted “sustained” after “maximum”. Subsec. (b)(1). Pub. L. 116271, § 201(b)(2)(A), substituted “publish for comment in the Federal Register” for “establish by rule”. Subsec. (b)(2)(B). Pub. L. 116271, § 201(b)(2)(B), inserted “, or other data or information used to determine a propertys current risk of flood, as determined by the Administrator,” after “Elevation Certificate”. Subsec. (c)(3)(A)(i). Pub. L. 116271, § 201(b)(3), substituted “publication of the COASTAL Formula in the Federal Register as required by subsection (b)(1)” for “the issuance of the rule establishing the COASTAL Formula”. Subsec. (d). Pub. L. 116271, § 201(b)(4), substituted “section 3611(b)(2)(E)” for “section 3611(b)(2)(C)”. Subsec. (h). Pub. L. 116271, § 201(b)(5), inserted “that issues a standard flood insurance policy under the national flood insurance program” after “company” and substituted “, the COASTAL Formula, or any other loss allocation or post-storm assessment arising under the laws or ordinances of any State” for “or the COASTAL Formula”. Subsec. (i). Pub. L. 116271, § 201(b)(6), substituted “60 days after publication of the COASTAL Formula in the Federal Register as required by subsection (b)(1)” for “after the date on which the Administrator issues the rule establishing the COASTAL Formula under subsection (b)”. Subsec. (k). Pub. L. 116271, § 201(b)(7), added subsec. (k).
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# 42 U.S.C. § 4071 - Federal operation of program; determination by Administrator; fiscal agents; report to Congress
## Text
(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 Governments 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. 90448, title XIII, § 1340, Aug. 1, 1968, 82 Stat. 584; Pub. L. 98181, title I [title IV, § 451(d)(1), (4)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 101137, § 3, Nov. 3, 1989, 103 Stat. 824; Pub. L. 112141, div. F, title II, § 100238(b)(1), July 6, 2012, 126 Stat. 958.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (a), was in the original a reference to “this title” meaning title XIII of Pub. L. 90448, 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.
Amendments2012—Pub. L. 112141 substituted “Administrator” for “Director” wherever appearing in text. 1989—Subsec. (b). Pub. L. 101137 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. 98181, § 451(d)(1), in provisions preceding par. (1), substituted “Director” for “Secretary”. Subsec. (a)(2). Pub. L. 98181, § 451(d)(4), struck out “officers and employees of the Department of Housing and Urban Development, and” before “such other officers”. Pub. L. 98181, § 451(d)(1), substituted “Director” for “Secretary”. Subsec. (b). Pub. L. 98181, § 451(d)(1), 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. 90448, 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.
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# 42 U.S.C. § 4072 - Adjustment and payment of claims; judicial review; limitations; jurisdiction
## Text
In the event the program is carried out as provided in section 4071 of this title, the Administrator shall be authorized to adjust and make payment of any claims for proved and approved losses covered by flood insurance, and upon the disallowance by the Administrator of any such claim, or upon the refusal of the claimant to accept the amount allowed upon any such claim, the claimant, within one year after the date of mailing of notice of disallowance or partial disallowance by the Administrator, may institute an action against the Administrator on such claim in the United States district court for the district in which the insured property or the major part thereof shall have been situated, and original exclusive jurisdiction is hereby conferred upon such court to hear and determine such action without regard to the amount in the controversy.
(Pub. L. 90448, title XIII, § 1341, Aug. 1, 1968, 82 Stat. 584; Pub. L. 98181, title I [title IV, § 451(d)(1), (5)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 112141, div. F, title II, § 100238(b)(1), July 6, 2012, 126 Stat. 958.)
## Notes
Editorial Notes
Amendments2012—Pub. L. 112141 substituted “Administrator” for “Director” wherever appearing. 1983—Pub. L. 98181, § 451(d)(5), inserted “original exclusive” before “jurisdiction”. Pub. L. 98181, § 451(d)(1), 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. 90448, 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.
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# 42 U.S.C. § 4082 - Use of insurance pool, companies, or other private organizations for certain payments
## Text
(a) Authorization to enter into contracts for certain responsibilities 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:
(1) Estimating and later determining any amounts of payments to be made.
(2) Receiving from the Administrator, disbursing, and accounting for funds in making such payments.
(3) Making such audits of the records of any insurance company or other insurer, insurance agent or broker, or insurance adjustment organization as may be necessary to assure that proper payments are made.
(4) Placing reinsurance coverage on insurance provided by such program.
(5) Otherwise assisting in such manner as the contract may provide to further the purposes of this chapter.
(b) Terms and conditions of contract 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.
(c) Competitive bidding 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.
(d) Findings of Administrator 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.
(e) Bond; liability of certifying officers and disbursing officers (1) Any such contract may require the pool, company, or organization or any of its officers or employees certifying payments or disbursing funds pursuant to the contract, or otherwise participating in carrying out the contract, to give surety bond to the United States in such amount as the Administrator may deem appropriate.
(2) No individual designated pursuant to a contract under this section to certify payments shall, in the absence of gross negligence or intent to defraud the United States, be liable with respect to any payment certified by him under this section.
(3) No officer disbursing funds shall in the absence of gross negligence or intent to defraud the United States, be liable with respect to any payment by him under this section if it was based upon a voucher signed by an individual designated to certify payments as provided in paragraph (2) of this subsection.
(f) Term of contract; renewals; termination 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.
(Pub. L. 90448, title XIII, § 1346, Aug. 1, 1968, 82 Stat. 585; Pub. L. 98181, title I [title IV, § 451(d)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 112141, div. F, title II, §§ 100232(d)(4), 100238(b)(1), July 6, 2012, 126 Stat. 954, 958.)
## Notes
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. 90448, 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.
Codification In 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. 111350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Amendments2012—Subsec. (a). Pub. L. 112141, § 100238(b)(1), substituted “Administrator” for “Director” in introductory provisions. Pub. L. 112141, § 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. 112141, § 100232(d)(4)(B), substituted “Estimating” for “estimating” and period for semicolon at end. Subsec. (a)(2). Pub. L. 112141, § 100238(b)(1), substituted “Administrator” for “Director”. Pub. L. 112141, § 100232(d)(4)(C), substituted “Receiving” for “receiving” and period for semicolon at end. Subsec. (a)(3). Pub. L. 112141, § 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. 112141, § 100232(d)(4)(D)(i), substituted “Making” for “making”. Subsec. (a)(4). Pub. L. 112141, § 100232(d)(4)(G), added par. (4). Former par. (4) redesignated (5). Subsec. (a)(5). Pub. L. 112141, § 100232(d)(4)(E), (F), redesignated par. (4) as (5) and substituted “Otherwise” for “otherwise”. Subsecs. (b), (d), (e)(1), (f). Pub. L. 112141, § 100238(b)(1), substituted “Administrator” for “Director” wherever appearing. 1983—Subsecs. (a), (b), (d), (e)(1), (f). Pub. L. 98181 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. 90448, 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.
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# 42 U.S.C. § 4083 - Settlement of claims; arbitration
## Text
(a) The Administrator is authorized to make final settlement of any claims or demands which may arise as a result of any financial transactions which he is authorized to carry out under this subchapter, and may, to assist him in making any such settlement, refer any disputes relating to such claims or demands to arbitration, with the consent of the parties concerned.
(b) Such arbitration shall be advisory in nature, and any award, decision, or recommendation which may be made shall become final only upon the approval of the Administrator.
(Pub. L. 90448, title XIII, § 1347, Aug. 1, 1968, 82 Stat. 586; Pub. L. 98181, title I [title IV, § 451(d)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 112141, div. F, title II, § 100238(b)(1), July 6, 2012, 126 Stat. 958.)
## Notes
Editorial Notes
Amendments2012—Pub. L. 112141 substituted “Administrator” for “Director” in subsecs. (a) and (b). 1983—Pub. L. 98181 substituted “Director” for “Secretary” in subsecs. (a) and (b).
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. 90448, 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.
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# 42 U.S.C. § 4084 - Records and audits
## Text
(a) The flood insurance pool formed or otherwise created under part A of this subchapter, and any insurance company or other private organization executing any contract, agreement, or other appropriate arrangement with the Administrator under part B of this subchapter or this part, shall keep such records as the Administrator shall prescribe, including records which fully disclose the total costs of the program undertaken or the services being rendered, and such other records as will facilitate an effective audit.
(b) The Administrator and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the pool and any such insurance company or other private organization that are pertinent to the costs of the program undertaken or the services being rendered.
(Pub. L. 90448, title XIII, § 1348, Aug. 1, 1968, 82 Stat. 586; Pub. L. 98181, title I [title IV, § 451(d)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 112141, div. F, title II, § 100238(b)(1), July 6, 2012, 126 Stat. 958.)
## Notes
Editorial Notes
Amendments2012—Pub. L. 112141 substituted “Administrator” for “Director” wherever appearing. 1983—Pub. L. 98181 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. 90448, 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.
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# 42 U.S.C. § 4101 - Identification of flood-prone areas
## Text
(a) Publication of information; establishment of flood-risk zones; estimates of flood-caused loss The Administrator is authorized to consult with, receive information from, and enter into any agreements or other arrangements with the Secretaries of the Army, the Interior, Agriculture, and Commerce, the Tennessee Valley Authority, and the heads of other Federal departments or agencies, on a reimbursement basis, or with the head of any State or local agency, or enter into contracts with any persons or private firms, in order that he may—
(1) identify and publish information with respect to all flood plain areas, including coastal areas located in the United States, which has special flood hazards, within five years following August 1, 1968, and
(2) establish or update flood-risk zone data in all such areas, and make estimates with respect to the rates of probable flood caused loss for the various flood risk zones for each of these areas until the date specified in section 4026 of this title.
(b) Accelerated identification of flood-risk zones; authority of Administrator: grants, technical assistance, transactions, and payments The Administrator is directed to accelerate the identification of risk zones within flood-prone and mudslide-prone areas, as provided by subsection (a)(2) of this section, in order to make known the degree of hazard within each such zone at the earliest possible date. To accomplish this objective, the Administrator is authorized, without regard to subsections (a) and (b) of section 3324 of title 31 and section 6101 of title 41, to make grants, provide technical assistance, and enter into contracts, cooperative agreements, or other transactions, on such terms as he may deem appropriate, or consent to modifications thereof, and to make advance or progress payments in connection therewith.
(c) Priority in allocation of manpower and other available resources for identification and mapping of flood hazard areas and flood-risk zones The Secretary of Defense (through the Army Corps of Engineers), the Secretary of the Interior (through the United States Geological Survey), the Secretary of Agriculture (through the Soil Conservation Service), the Secretary of Commerce (through the National Oceanic and Atmospheric Administration), the head of the Tennessee Valley Authority, and the heads of all other Federal agencies engaged in the identification or delineation of flood-risk zones within the several States shall, in consultation with the Administrator, give the highest practicable priority in the allocation of available manpower and other available resources to the identification and mapping of flood hazard areas and flood-risk zones, in order to assist the Administrator to meet the deadline established by this section.
(d) Plan for bringing communities with flood-risk zones into full program status The Administrator shall, not later than September 30, 1984, submit to the Congress a plan for bringing all communities containing flood-risk zones into full program status by September 30, 1987.
(e) Review of flood maps Once during each 5-year period (the 1st such period beginning on September 23, 1994) or more often as the Administrator determines necessary, the Administrator shall assess the need to revise and update all floodplain areas and flood risk zones identified, delineated, or established under this section, based on an analysis of all natural hazards affecting flood risks.
(f) Updating flood maps The Administrator shall revise and update any floodplain areas and flood-risk zones—
(1) upon the determination of the Administrator, according to the assessment under subsection (e), that revision and updating are necessary for the areas and zones; or
(2) upon the request from any State or local government stating that specific floodplain areas or flood-risk zones in the State or locality need revision or updating, if sufficient technical data justifying the request is submitted and the unit of government making the request agrees to provide funds in an amount determined by the Administrator.
(g) Availability of flood maps To promote compliance with the requirements of this chapter, the Administrator shall make flood insurance rate maps and related information available free of charge to the Federal entities for lending regulation, Federal agency lenders, State agencies directly responsible for coordinating the national flood insurance program, and appropriate representatives of communities participating in the national flood insurance program, and at a reasonable cost to all other persons. Any receipts resulting from this subsection shall be deposited in the National Flood Insurance Fund, pursuant to section 4017(b)(6) of this title.
(h) Notification of flood map changes The Administrator shall cause notice to be published in the Federal Register (or shall provide notice by another comparable method) of any change to flood insurance map panels and any change to flood insurance map panels issued in the form of a letter of map amendment or a letter of map revision. Such notice shall be published or otherwise provided not later than 30 days after the map change or revision becomes effective. Notice by any method other than publication in the Federal Register shall include all pertinent information, provide for regular and frequent distribution, and be at least as accessible to map users as notice in the Federal Register. All notices under this subsection shall include information on how to obtain copies of the changes or revisions.
(i) Compendia of flood map changes Every 6 months, the Administrator shall publish separately in their entirety within a compendium, all changes and revisions to flood insurance map panels and all letters of map amendment and letters of map revision for which notice was published in the Federal Register or otherwise provided during the preceding 6 months. The Administrator shall make such compendia available, free of charge, to Federal entities for lending regulation, Federal agency lenders, and States and communities participating in the national flood insurance program pursuant to section 4017 of this title and at cost to all other parties. Any receipts resulting from this subsection shall be deposited in the National Flood Insurance Fund, pursuant to section 4017(b)(6) of this title.
(j) Provision of information In the implementation of revisions to and updates of flood insurance rate maps, the Administrator shall share information, to the extent appropriate, with the Under Secretary of Commerce for Oceans and Atmosphere and representatives from State coastal zone management programs.
(Pub. L. 90448, title XIII, § 1360, Aug. 1, 1968, 82 Stat. 587; Pub. L. 93234, title II, § 204, Dec. 31, 1973, 87 Stat. 983; Pub. L. 98181, title I [title IV, § 451(d)(1), (6), (7)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 98479, title II, § 203(j)(2), Oct. 17, 1984, 98 Stat. 2231; Pub. L. 99120, § 4(a)(3), Oct. 8, 1985, 99 Stat. 503; Pub. L. 99156, § 4(a)(3), Nov. 15, 1985, 99 Stat. 816; Pub. L. 99219, § 4(a)(3), Dec. 26, 1985, 99 Stat. 1731; Pub. L. 99267, § 4(a)(3), Mar. 27, 1986, 100 Stat. 74; Pub. L. 99272, title III, § 3010(a)(3), Apr. 7, 1986, 100 Stat. 106; Pub. L. 99289, § 1(b), May 2, 1986, 100 Stat. 412; Pub. L. 99345, § 1, June 24, 1986, 100 Stat. 673; Pub. L. 99430, Sept. 30, 1986, 100 Stat. 986; Pub. L. 100122, § 1, Sept. 30, 1987, 101 Stat. 793; Pub. L. 100154, Nov. 5, 1987, 101 Stat. 890; Pub. L. 100170, Nov. 17, 1987, 101 Stat. 914; Pub. L. 100179, Dec. 3, 1987, 101 Stat. 1018; Pub. L. 100200, Dec. 21, 1987, 101 Stat. 1327; Pub. L. 100242, title V, § 541(c), Feb. 5, 1988, 101 Stat. 1939; Pub. L. 101137, § 2, Nov. 3, 1989, 103 Stat. 824; Pub. L. 103325, title V, § 575, Sept. 23, 1994, 108 Stat. 2278; Pub. L. 112141, div. F, title II, §§ 100219, 100238(b)(1), July 6, 2012, 126 Stat. 932, 958.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (g), was in the original a reference to “this title” meaning title XIII of Pub. L. 90448, 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.
Codification In subsec. (b), “section 6101 of title 41” substituted for “section 3709 of the Revised Statutes (41 U.S.C. 5)” on authority of Pub. L. 111350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Amendments2012—Pub. L. 112141, § 100238(b)(1), substituted “Administrator” for “Director” wherever appearing. Subsec. (f)(2). Pub. L. 112141, § 100219, struck out “, but which may not exceed 50 percent of the cost of carrying out the requested revision or update” before period at end. 1994—Subsecs. (e) to (j). Pub. L. 103325 added subsecs. (e) to (j). 1989—Subsec. (a)(2). Pub. L. 101137 added par. (2) and struck out former par. (2) which read as follows: “establish flood-risk zones in all such areas, and make estimates with respect to the rates of probable flood-caused loss for the various flood-risk zones for each of these areas, by September 30, 1989.” 1988—Subsec. (a)(2). Pub. L. 100242 substituted “September 30, 1989” for “March 15, 1988”. 1987—Subsec. (a)(2). Pub. L. 100200 substituted “March 15, 1988” for “December 16, 1987”. Pub. L. 100179 substituted “December 16, 1987” for “December 2, 1987”. Pub. L. 100170 substituted “December 2, 1987” for “November 15, 1987”. Pub. L. 100154 substituted “November 15, 1987” for “October 31, 1987”. Pub. L. 100122 substituted “October 31, 1987” for “September 30, 1987”. 1986—Subsec. (a)(2). Pub. L. 99430 substituted “September 30, 1987” for “September 30, 1986”. Pub. L. 99345 substituted “September 30, 1986” for “June 6, 1986”. Pub. L. 99289 substituted “June 6, 1986” for “April 30, 1986”. Pub. L. 99272 directed amendment identical to Pub. L. 99219 substituting “March 17, 1986” for “December 15, 1985”. Pub. L. 99267 substituted “April 30, 1986” for “March 17, 1986”. 1985—Subsec. (a)(2). Pub. L. 99219 substituted “March 17, 1986” for “December 15, 1985”. Pub. L. 99156 substituted “December 15, 1985” for “November 14, 1985”. Pub. L. 99120 substituted “November 14, 1985” for “September 30, 1985”. 1984—Subsec. (b). Pub. L. 98479 substituted reference to subsections (a) and (b) of section 3324 of title 31 for reference to section 3648 of the Revised Statutes, as amended (31 U.S.C. 529). 1983—Subsec. (a). Pub. L. 98181, § 451(d)(1), in provisions preceding par. (1) substituted “Director” for “Secretary”. Subsec. (a)(2). Pub. L. 98181, § 451(d)(6), substituted “by September 30, 1985” for “within fifteen years following such date”. Subsecs. (b), (c). Pub. L. 98181, § 451(d)(1), substituted “Director” for “Secretary” wherever appearing. Subsec. (d). Pub. L. 98181, § 451(d)(7), added subsec. (d). 1973—Pub. L. 93234 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
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. 90448, 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.
Flood Protection Structure Accreditation Task ForcePub. L. 112141, div. F, title II, § 100226, July 6, 2012, 126 Stat. 942, provided that: “(a) Definitions.—In this section—“(1) the term flood protection structure accreditation requirements means the requirements established under section 65.10 of title 44, Code of Federal Regulations, for levee systems to be recognized on maps created for purposes of the National Flood Insurance Program; “(2) the term National Committee on Levee Safety means the Committee on Levee Safety established under section 9003 of the National Levee Safety Act of 2007 (33 U.S.C. 3302); and “(3) the term task force means the Flood Protection Structure Accreditation Task Force established under subsection (b). “(b) Establishment.—“(1) In general.—The Administrator and the Secretary of the Army, acting through the Chief of Engineers, in cooperation with the National Committee on Levee Safety, shall jointly establish a Flood Protection Structure Accreditation Task Force. “(2) Duties.—“(A) Developing process.—The task force shall develop a process to better align the information and data collected by or for the Corps of Engineers under the Inspection of Completed Works Program with the flood protection structure accreditation requirements so that—“(i) information and data collected for either purpose can be used interchangeably; and “(ii) information and data collected by or for the Corps of Engineers under the Inspection of Completed Works Program is sufficient to satisfy the flood protection structure accreditation requirements. “(B) Gathering recommendations.—The task force shall gather, and consider in the process developed under subparagraph (A), recommendations from interested persons in each region relating to the information, data, and accreditation requirements described in subparagraph (A). “(3) Considerations.—In developing the process under paragraph (2), the task force shall consider changes to—“(A) the information and data collected by or for the Corps of Engineers under the Inspection of Completed Works Program; and “(B) the flood protection structure accreditation requirements. “(4) Rule of construction.—Nothing in this section shall be construed to require a reduction in the level of public safety and flood control provided by accredited levees, as determined by the Administrator for purposes of this section. “(c) Implementation.—The Administrator and the Secretary of the Army, acting through the Chief of Engineers, shall implement the process developed by the task force under subsection (b) not later than 1 year after the date of enactment of this Act [July 6, 2012] and shall complete the process under subsection (b) not later than 2 years after the date of enactment of this Act. “(d) Reports.—The Administrator and the Secretary of the Army, acting through the Chief of Engineers, in cooperation with the National Committee on Levee Safety, shall jointly submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on Environment and Public Works of the Senate and the Committee on Financial Services, the Committee on Transportation and Infrastructure, and the Committee on Natural Resources of the House of Representatives reports concerning the activities of the task force and the implementation of the process developed by the task force under subsection (b), including—“(1) an interim report, not later than 180 days after the date of enactment of this Act [July 6, 2012]; and “(2) a final report, not later than 1 year after the date of enactment of this Act. “(e) Termination.—The task force shall terminate on the date of submission of the report under subsection (d)(2).” [For definitions of terms used in section 100226 of Pub. L. 112141, set out above, see section 4004 of this title.]
Geospatial Digital Flood Hazard DataPub. L. 108264, title I, § 107, June 30, 2004, 118 Stat. 724, provided that: “For the purposes of flood insurance and floodplain management activities conducted pursuant to the National Flood Insurance Program under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), geospatial digital flood hazard data distributed by the Federal Emergency Management Agency, or its designee, or the printed products derived from that data, are interchangeable and legally equivalent for the determination of the location of 1 in 100 year and 1 in 500 year flood planes [sic], provided that all other geospatial data shown on the printed product meets or exceeds any accuracy standard promulgated by the Federal Emergency Management Agency.”
Reiteration of FEMA Responsibility to Map MudslidesPub. L. 108264, title I, § 109, June 30, 2004, 118 Stat. 725, as amended by Pub. L. 109295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410, provided that: “As directed in section 1360(b) of the National Flood Insurance Act of 1968 (42 U.S.C. 4101(b)), the Administrator of the Federal Emergency Management Agency is again directed to accelerate the identification of risk zones within flood-prone and mudslide-prone areas, as provided by subsection (a)(2) of such section 1360, in order to make known the degree of hazard within each such zone at the earliest possible date.”
Technical Mapping Advisory CouncilPub. L. 103325, title V, § 576, Sept. 23, 1994, 108 Stat. 2280, established the Technical Mapping Advisory Council to help improve flood insurance rate maps and provided for its termination 5 years after the appointment of all its members.
@@ -0,0 +1,161 @@
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# 42 U.S.C. § 4101a - Technical Mapping Advisory Council
## Text
(a) Establishment There is established a council to be known as the Technical Mapping Advisory Council (in this section referred to as the “Council”).
(b) Membership (1) In general The Council shall consist of—
(A) the Administrator (or the designee thereof);
(B) the Secretary of the Interior (or the designee thereof);
(C) the Secretary of Agriculture (or the designee thereof);
(D) the Under Secretary of Commerce for Oceans and Atmosphere (or the designee thereof); and
(E) 16 additional members appointed by the Administrator or the designee of the Administrator, who shall be—
(i) a member of a recognized professional surveying association or organization;
(ii) a member of a recognized professional mapping association or organization;
(iii) a member of a recognized professional engineering association or organization;
(iv) a member of a recognized professional association or organization representing flood hazard determination firms;
(v) a representative of the United States Geological Survey;
(vi) a representative of a recognized professional association or organization representing State geographic information;
(vii) a representative of State national flood insurance coordination offices;
(viii) a representative of the Corps of Engineers;
(ix) a member of a recognized regional flood and storm water management organization;
(x) 2 representatives of different State government agencies that have entered into cooperating technical partnerships with the Administrator and have demonstrated the capability to produce flood insurance rate maps;
(xi) 2 representatives of different local government agencies that have entered into cooperating technical partnerships with the Administrator and have demonstrated the capability to produce flood insurance maps;
(xii) a member of a recognized floodplain management association or organization;
(xiii) a member of a recognized risk management association or organization; and
(xiv) a State mitigation officer.
(2) Qualifications Members of the Council shall be appointed based on their demonstrated knowledge and competence regarding surveying, cartography, remote sensing, geographic information systems, or the technical aspects of preparing and using flood insurance rate maps. In appointing members under paragraph (1)(E), the Administrator shall, to the maximum extent practicable, ensure that the membership of the Council has a balance of Federal, State, local, tribal, and private members, and includes geographic diversity, including representation from areas with coastline on the Gulf of Mexico and other States containing areas identified by the Administrator as at high risk for flooding or as areas having special flood hazards.
(c) Duties The Council shall—
(1) recommend to the Administrator how to improve in a cost-effective manner the—
(A) accuracy, general quality, ease of use, and distribution and dissemination of flood insurance rate maps and risk data; and
(B) performance metrics and milestones required to effectively and efficiently map flood risk areas in the United States;
(2) recommend to the Administrator mapping standards and guidelines for—
(A) flood insurance rate maps; and
(B) data accuracy, data quality, data currency, and data eligibility;
(3) recommend to the Administrator how to maintain, on an ongoing basis, flood insurance rate maps and flood risk identification;
(4) recommend procedures for delegating mapping activities to State and local mapping partners;
(5) recommend to the Administrator and other Federal agencies participating in the Council—
(A) methods for improving interagency and intergovernmental coordination on flood mapping and flood risk determination; and
(B) a funding strategy to leverage and coordinate budgets and expenditures across Federal agencies; and
(6) submit an annual report to the Administrator that contains—
(A) a description of the activities of the Council;
(B) an evaluation of the status and performance of flood insurance rate maps and mapping activities to revise and update flood insurance rate maps, as required under section 4101b of this title; and
(C) a summary of recommendations made by the Council to the Administrator.
(d) Future conditions risk assessment and modeling report (1) In general The Council shall consult with scientists and technical experts, other Federal agencies, States, and local communities to—
(A) develop recommendations on how to—
(i) ensure that flood insurance rate maps incorporate the best available climate science to assess flood risks; and
(ii) ensure that the Federal Emergency Management Agency uses the best available methodology to consider the impact of—
(I) the rise in the sea level; and
(II) future development on flood risk; and
(B) not later than 1 year after July 6, 2012, prepare written recommendations in a future conditions risk assessment and modeling report and to submit such recommendations to the Administrator.
(2) Responsibility of the Administrator The Administrator, as part of the ongoing program to review and update National Flood Insurance Program rate maps under section 4101b of this title, shall incorporate any future risk assessment submitted under paragraph (1)(B) in any such revision or update.
(e) Chairperson The members of the Council shall elect 1 member to serve as the chairperson of the Council (in this section referred to as the “Chairperson”).
(f) Coordination To ensure that the Councils recommendations are consistent, to the maximum extent practicable, with national digital spatial data collection and management standards, the Chairperson shall consult with the Chairperson of the Federal Geographic Data Committee (established pursuant to Office of Management and Budget Circular A16).
(g) Compensation Members of the Council shall receive no additional compensation by reason of their service on the Council.
(h) Meetings and actions (1) In general The Council shall meet not less frequently than twice each year at the request of the Chairperson or a majority of its members, and may take action by a vote of the majority of the members.
(2) Initial meeting The Administrator, or a person designated by the Administrator, shall request and coordinate the initial meeting of the Council.
(i) Officers The Chairperson may appoint officers to assist in carrying out the duties of the Council under subsection (c).
(j) Staff (1) Staff of FEMA Upon the request of the Chairperson, the Administrator may detail, on a nonreimbursable basis, personnel of the Federal Emergency Management Agency to assist the Council in carrying out its duties.
(2) Staff of other Federal agencies Upon request of the Chairperson, any other Federal agency that is a member of the Council may detail, on a nonreimbursable basis, personnel to assist the Council in carrying out its duties.
(k) Powers In carrying out this section, the Council may hold hearings, receive evidence and assistance, provide information, and conduct research, as it considers appropriate.
(l) Report to Congress The Administrator, on an annual basis, shall report to the Committee on Banking, Housing, and Urban Affairs of the Senate, the Committee on Financial Services of the House of Representatives, and the Office of Management and Budget on the—
(1) recommendations made by the Council;
(2) actions taken by the Federal Emergency Management Agency to address such recommendations to improve flood insurance rate maps and flood risk data; and
(3) any recommendations made by the Council that have been deferred or not acted upon, together with an explanatory statement.
(Pub. L. 112141, div. F, title II, § 100215, July 6, 2012, 126 Stat. 924.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Biggert-Waters Flood Insurance Reform Act of 2012, and also as part of the Moving Ahead for Progress in the 21st Century Act, also known as the MAP21, and not as part of the National Flood Insurance Act of 1968 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Definitions For definitions of terms used in this section, see section 4004 of this title.
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# 42 U.S.C. § 4101b - National Flood Mapping Program
## Text
(a) Reviewing, updating, and maintaining maps The Administrator, in coordination with the Technical Mapping Advisory Council established under section 4101a of this title, shall establish an ongoing program under which the Administrator shall review, update, and maintain National Flood Insurance Program rate maps in accordance with this section.
(b) Mapping (1) In general In carrying out the program established under subsection (a), the Administrator shall—
(A) identify, review, update, maintain, and publish National Flood Insurance Program rate maps with respect to—
(i) all populated areas and areas of possible population growth located within the 100-year floodplain;
(ii) all populated areas and areas of possible population growth located within the 500-year floodplain;
(iii) areas of residual risk, including areas that are protected by levees, dams, and other flood control structures;
(iv) areas that could be inundated as a result of the failure of a levee, dam, or other flood control structure;
(v) areas that are protected by non-structural flood mitigation features; and
(vi) the level of protection provided by flood control structures and by non-structural flood mitigation features;
(B) establish or update flood-risk zone data in all such areas, and make estimates with respect to the rates of probable flood caused loss for the various flood risk zones for each such area; and
(C) use, in identifying, reviewing, updating, maintaining, or publishing any National Flood Insurance Program rate map required under this section or under the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.), the most accurate topography and elevation data available.
(2) Mapping elements Each map updated under this section shall—
(A) assess the accuracy of current ground elevation data used for hydrologic and hydraulic modeling of flooding sources and mapping of the flood hazard and wherever necessary acquire new ground elevation data utilizing the most up-to-date geospatial technologies in accordance with guidelines and specifications of the Federal Emergency Management Agency; and
(B) develop National Flood Insurance Program flood data on a watershed basis—
(i) to provide the most technically effective and efficient studies and hydrologic and hydraulic modeling; and
(ii) to eliminate, to the maximum extent possible, discrepancies in base flood elevations between adjacent political subdivisions.
(3) Other inclusions In updating maps under this section, the Administrator shall include—
(A) any relevant information on coastal inundation from—
(i) an applicable inundation map of the Corps of Engineers; and
(ii) data of the National Oceanic and Atmospheric Administration relating to storm surge modeling;
(B) any relevant information of the United States Geological Survey on stream flows, watershed characteristics, and topography that is useful in the identification of flood hazard areas, as determined by the Administrator;
(C) any relevant information on land subsidence, coastal erosion areas, changing lake levels, and other flood-related hazards;
(D) any relevant information or data of the National Oceanic and Atmospheric Administration and the United States Geological Survey relating to the best available science regarding future changes in sea levels, precipitation, and intensity of hurricanes; and
(E) any other relevant information as may be recommended by the Technical Mapping Advisory Committee.
(c) Standards In updating and maintaining maps under this section, the Administrator shall—
(1) establish standards to—
(A) ensure that maps are adequate for—
(i) flood risk determinations; and
(ii) use by State and local governments in managing development to reduce the risk of flooding; and
(B) facilitate identification and use of consistent methods of data collection and analysis by the Administrator, in conjunction with State and local governments, in developing maps for communities with similar flood risks, as determined by the Administrator; and
(2) publish maps in a format that is—
(A) digital geospatial data compliant;
(B) compliant with the open publishing and data exchange standards established by the Open Geospatial Consortium; and
(C) aligned with official data defined by the National Geodetic Survey.
(d) Communication and outreach (1) In general The Administrator shall—
(A) before commencement of any mapping or map updating process, notify each community affected of the model or models that the Administrator plans to use in such process and provide an explanation of why such model or models are appropriate;
(B) provide each community affected a 30-day period beginning upon notification under subparagraph (A) to consult with the Administrator regarding the appropriateness, with respect to such community, of the mapping model or models to be used; provided that consultation by a community pursuant to this subparagraph shall not waive or otherwise affect any right of the community to appeal any flood hazard determinations;
(C) upon completion of the first Independent Data Submission, transmit a copy of such Submission to the affected community, provide the affected community a 30-day period during which the community may provide data to Administrator 11 So in original. Probably should be preceded by “the”. that can be used to supplement or modify the existing data, and incorporate any data that is consistent with prevailing engineering principles;
(D) work with States, local communities, and property owners to identify areas and features described in subsection (b)(1)(A)(v);
(E) work to enhance communication and outreach to States, local communities, and property owners about the effects—
(i) of any potential changes to National Flood Insurance Program rate maps that may result from the mapping program required under this section; and
(ii) that any such changes may have on flood insurance purchase requirements;
(F) engage with local communities to enhance communication and outreach to the residents of such communities, including tenants (with regard to contents insurance), on the matters described under subparagraph (E);
(G) not less than 30 days before issuance of any preliminary map, notify the Senators for each State affected and each Member of the House of Representatives for each congressional district affected by the preliminary map in writing of—
(i) the estimated schedule for—
(I) community meetings regarding the preliminary map;
(II) publication of notices regarding the preliminary map in local newspapers; and
(III) the commencement of the appeals process regarding the map; and
(ii) the estimated number of homes and businesses that will be affected by changes contained in the preliminary map, including how many structures will be 22 So in original. The words “will be” probably should not appear. that were not previously located in an area having special flood hazards will be located within such an area under the preliminary map; and
(H) upon the issuance of any proposed map and any notice of an opportunity to make an appeal relating to the proposed map, notify the Senators for each State affected and each Member of the House of Representatives for each congressional district affected by the proposed map of any action taken by the Administrator with respect to the proposed map or an appeal relating to the proposed map.
(2) Required activities The communication and outreach activities required under paragraph (1) shall include—
(A) notifying property owners when their properties become included in, or when they are excluded from, an area covered by the mandatory flood insurance purchase requirement under section 4012a of this title;
(B) educating property owners regarding the flood risk and reduction of this risk in their community, including the continued flood risks to areas that are no longer subject to the flood insurance mandatory purchase requirement;
(C) educating property owners regarding the benefits and costs of maintaining or acquiring flood insurance, including, where applicable, lower-cost preferred risk policies under the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.) for such properties and the contents of such properties;
(D) educating property owners about flood map revisions and the process available to such owners to appeal proposed changes in flood elevations through their community, including by notifying local radio and television stations; and
(E) encouraging property owners to maintain or acquire flood insurance coverage.
(e) Community remapping request Upon the adoption by the Administrator of any recommendation by the Technical Mapping Advisory Council for reviewing, updating, or maintaining National Flood Insurance Program rate maps in accordance with this section, a community that believes that its flood insurance rates in effect prior to adoption would be affected by the adoption of such recommendation may submit a request for an update of its rate maps, which may be considered at the Administrators sole discretion. The Administrator shall establish a protocol for the evaluation of such community map update requests.
(f) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this section $400,000,000 for each of fiscal years 2013 through 2017.
(Pub. L. 112141, div. F, title II, § 100216, July 6, 2012, 126 Stat. 927; Pub. L. 11389, §§ 27, 30, Mar. 21, 2014, 128 Stat. 1033, 1034.)
## Notes
Editorial Notes
References in TextThe National Flood Insurance Act of 1968, referred to in subsecs. (b)(1)(C) and (d)(2)(C), is title XIII of Pub. L. 90448, Aug. 1, 1968, 82 Stat. 572, 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.
Codification Section was enacted as part of the Biggert-Waters Flood Insurance Reform Act of 2012, and also as part of the Moving Ahead for Progress in the 21st Century Act, also known as the MAP21, and not as part of the National Flood Insurance Act of 1968 which comprises this chapter.
Amendments2014—Subsec. (b)(1)(A)(v), (vi). Pub. L. 11389, § 27(1), added cl. (v), redesignated former cl. (v) as (vi), and, in cl. (vi), inserted “and by non-structural flood mitigation features” before semicolon at end. Subsec. (d)(1)(A). Pub. L. 11389, § 30(3), added subpar. (A). Former subpar. (A) redesignated (D). Pub. L. 11389, § 27(2)(C), added subpar. (A). Former subpar. (A) redesignated (B). Subsec. (d)(1)(B). Pub. L. 11389, § 30(3), added subpar. (B). Former subpar. (B) redesignated (E). Pub. L. 11389, § 27(2)(A), redesignated subpar. (A) as (B). Former subpar. (B) redesignated (C). Subsec. (d)(1)(C). Pub. L. 11389, § 30(3), added subpar. (C). Former subpar. (C) redesignated (F). Pub. L. 11389, § 30(1), substituted “subparagraph (E)” for “subparagraph (B)” and struck out “and” at end. Pub. L. 11389, § 27(2)(A), (B), redesignated subpar. (B) as (C) and substituted “subparagraph (B)” for “subparagraph (A)”. Former subpar. (C) redesignated (D). Subsec. (d)(1)(D). Pub. L. 11389, § 30(2), redesignated subpar. (A) as (D). Former subpar. (D) redesignated (H). Pub. L. 11389, § 27(2)(A), redesignated subpar. (C) as (D). Subsec. (d)(1)(E), (F). Pub. L. 11389, § 30(2), redesignated subpars. (B) and (C) as (E) and (F), respectively. Subsec. (d)(1)(G). Pub. L. 11389, § 30(4), added subpar. (G). Subsec. (d)(1)(H). Pub. L. 11389, § 30(2), redesignated subpar. (D) as (H).
Statutory Notes and Related Subsidiaries
Definitions For definitions of terms used in this section, see section 4004 of this title.
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# 42 U.S.C. § 4101c - Coordination
## Text
(a) Interagency budget crosscut and coordination report (1) In general The Secretary of Homeland Security, the Administrator, the Director of the Office of Management and Budget, and the heads of each Federal department or agency carrying out activities under sections 4101a and 4101b of this title shall work together to ensure that flood risk determination data and geospatial data are shared among Federal agencies in order to coordinate the efforts of the Nation to reduce its vulnerability to flooding hazards.
(2) Report Not later than 30 days after the submission of the budget of the United States Government by the President to Congress, the Director of the Office of Management and Budget, in coordination with the Federal Emergency Management Agency, the United States Geological Survey, the National Oceanic and Atmospheric Administration, the Corps of Engineers, and other Federal agencies, as appropriate, shall submit to the appropriate authorizing and appropriating committees of the Senate and the House of Representatives an interagency budget crosscut and coordination report, certified by the Secretary or head of each such agency, that—
(A) contains an interagency budget crosscut report that displays relevant sections of the budget proposed for each of the Federal agencies working on flood risk determination data and digital elevation models, including any planned interagency or intra-agency transfers; and
(B) describes how the efforts aligned with such sections complement one another.
(b) Duties of the Administrator In carrying out sections 4101a and 4101b of this title, the Administrator shall—
(1) participate, pursuant to section 216 of the EGovernment Act of 2002 (44 U.S.C. 3501 note), in the establishment of such standards and common protocols as are necessary to assure the interoperability of geospatial data for all users of such information;
(2) coordinate with, seek assistance and cooperation of, and provide a liaison to the Federal Geographic Data Committee pursuant to the Office of Management and Budget Circular A16 and Executive Order 12906 (43 U.S.C. 1457 note; relating to the National Spatial Data Infrastructure) for the implementation of and compliance with such standards;
(3) integrate with, leverage, and coordinate funding of, to the maximum extent practicable, the current flood mapping activities of each unit of State and local government;
(4) integrate with, leverage, and coordinate, to the maximum extent practicable, the current geospatial activities of other Federal agencies and units of State and local government; and
(5) develop a funding strategy to leverage and coordinate budgets and expenditures, and to maintain or establish joint funding and other agreement mechanisms with other Federal agencies and units of State and local government to share in the collection and utilization of geospatial data among all governmental users.
(Pub. L. 112141, div. F, title II, § 100220, July 6, 2012, 126 Stat. 932.)
## Notes
Editorial Notes
References in TextSection 216 of the EGovernment Act of 2002, referred to in subsec. (b)(1), is section 216 of Pub. L. 107347, which is set out in a note under section 3501 of Title 44, Public Printing and Documents. Executive Order 12906, referred to in subsec. (b)(2), is Ex. Ord. No. 12906, Apr. 11, 1994, 59 F.R. 17671, which is set out as a note under section 1457 of Title 43, Public Lands.
Codification Section was enacted as part of the Biggert-Waters Flood Insurance Reform Act of 2012, and also as part of the Moving Ahead for Progress in the 21st Century Act, also known as the MAP21, and not as part of the National Flood Insurance Act of 1968 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Definitions For definitions of terms used in this section, see section 4004 of this title.
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title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
chapter_number: "50"
chapter_name: "NATIONAL FLOOD INSURANCE"
section: "4101d"
citation: "42 U.S.C. § 4101d"
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# 42 U.S.C. § 4101d - Flood insurance rate map certification
## Text
The Administrator shall implement a flood mapping program for the National Flood Insurance Program, only after review by the Technical Mapping Advisory Council, that, when applied, results in technically credible flood hazard data in all areas where Flood Insurance Rate Maps are prepared or updated, shall certify in writing to the Congress when such a program has been implemented, and shall provide to the Congress the Technical Mapping Advisory Council review report.
(Pub. L. 11389, § 17, Mar. 21, 2014, 128 Stat. 1027.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Homeowner Flood Insurance Affordability Act of 2014, and not as part of the National Flood Insurance Act of 1968 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Definitions For definitions of terms used in this section, see section 4005 of this title.
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description: "Exemption from fees for certain map change requests"
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---
# 42 U.S.C. § 4101e - Exemption from fees for certain map change requests
## Text
Notwithstanding any other provision of law, a requester shall be exempt from submitting a review or processing fee for a request for a flood insurance rate map change based on a habitat restoration project that is funded in whole or in part with Federal or State funds, including dam removal, culvert redesign or installation, or the installation of fish passage.
(Pub. L. 11389, § 22, Mar. 21, 2014, 128 Stat. 1028.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Homeowner Flood Insurance Affordability Act of 2014, and not as part of the National Flood Insurance Act of 1968 which comprises this chapter.
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title: "42 U.S.C. § 4102"
description: "Criteria for land management and use"
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title_number: 42
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# 42 U.S.C. § 4102 - Criteria for land management and use
## Text
(a) Studies and investigations The Administrator is authorized to carry out studies and investigations, utilizing to the maximum extent practicable the existing facilities and services of other Federal departments or agencies, and State and local governmental agencies, and any other organizations, with respect to the adequacy of State and local measures in flood-prone areas as to land management and use, flood control, flood zoning, and flood damage prevention, and may enter into any contracts, agreements, or other appropriate arrangements to carry out such authority.
(b) Extent of studies and investigations Such studies and investigations shall include, but not be limited to, laws, regulations, or ordinances relating to encroachments and obstructions on stream channels and floodways, the orderly development and use of flood plains of rivers or streams, floodway encroachment lines, and flood plain zoning, building codes, building permits, and subdivision or other building restrictions.
(c) Development of comprehensive criteria designed to encourage adoption of adequate State and local measures On the basis of such studies and investigations, and such other information as he deems necessary, the Administrator shall from time to time develop comprehensive criteria designed to encourage, where necessary, the adoption of adequate State and local measures which, to the maximum extent feasible, will—
(1) constrict the development of land which is exposed to flood damage where appropriate,
(2) guide the development of proposed construction away from locations which are threatened by flood hazards,
(3) assist in reducing damage caused by floods, and
(4) otherwise improve the long-range land management and use of flood-prone areas,
and he shall work closely with and provide any necessary technical assistance to State, interstate, and local governmental agencies, to encourage the application of such criteria and the adoption and enforcement of such measures.
(d) Flood mitigation methods for buildings The Administrator shall establish guidelines for property owners that—
(1) provide alternative methods of mitigation, other than building elevation, to reduce flood risk to residential buildings that cannot be elevated due to their structural characteristics, including—
(A) types of building materials; and
(B) types of floodproofing; and
(2) inform property owners about how the implementation of mitigation methods described in paragraph (1) may affect risk premium rates for flood insurance coverage under the National Flood Insurance Program.
(Pub. L. 90448, title XIII, § 1361, Aug. 1, 1968, 82 Stat. 587; Pub. L. 91152, title IV, § 410(c), Dec. 24, 1969, 83 Stat. 397; Pub. L. 98181, title I [title IV, § 451(d)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 112141, div. F, title II, § 100238(b)(1), July 6, 2012, 126 Stat. 958; Pub. L. 11389, § 26(a)(1), Mar. 21, 2014, 128 Stat. 1032.)
## Notes
Editorial Notes
Amendments2014—Subsec. (d). Pub. L. 11389 added subsec. (d). 2012—Subsecs. (a), (c). Pub. L. 112141 substituted “Administrator” for “Director”. 1983—Subsecs. (a), (c). Pub. L. 98181 substituted “Director” for “Secretary”. 1969—Subsec. (c). Pub. L. 91152 substituted provisions requiring development of criteria designed to encourage adoption of adequate State and local measures, for provisions requiring development of criteria designed to encourage adoption of permanent State and local measures.
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. 90448, 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.
GuidelinesPub. L. 11389, § 26(a)(2), Mar. 21, 2014, 128 Stat. 1032, provided that: “The Administrator [of the Federal Emergency Management Agency] shall issue the guidelines required under section 1361(d) of the National Flood Insurance Act of 1968 (42 U.S.C. 4102(d)), as added by the amendment made by paragraph (1) of this subsection, not later than the expiration of the 1-year period beginning on the date of the enactment of this Act [Mar. 21, 2014].”
Task Force on Natural and Beneficial Functions of the FloodplainPub. L. 103325, title V, § 562, Sept. 23, 1994, 108 Stat. 2276, established the Task Force on Natural and Beneficial Functions of the Floodplain to conduct a study on the functions of the floodplain that reduce flood-related losses and provided for its termination 24 months after its last member was designated.
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# 42 U.S.C. § 4102a - Repealed. Pub. L. 112141, div. F, title II, § 100225(c), July 6, 2012, 126 Stat. 941
## Notes
Section, Pub. L. 90448, title XIII, § 1361A, as added Pub. L. 108264, title I, § 102(a), June 30, 2004, 118 Stat. 714, created a pilot program for mitigation of severe repetitive loss properties by mitigating flood damage to such properties and losses to the National Flood Insurance Fund from such properties.
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# 42 U.S.C. § 4103 - Repealed. Pub. L. 103325, title V, § 551(a), Sept. 23, 1994, 108 Stat. 2269
## Notes
Section, Pub. L. 90448, title XIII, § 1362, Aug. 1, 1968, 82 Stat. 588; Pub. L. 95128, title VII, § 704(b), Oct. 12, 1977, 91 Stat. 1145; Pub. L. 98181, title I [title IV, § 451(d)(1)], Nov. 30, 1983, 97 Stat. 1229, related to purchase, by Director, of insured properties damaged substantially beyond repair by flood, for subsequent transfer to State or local agency upon negotiated conditions.
Statutory Notes and Related Subsidiaries
Savings ProvisionPub. L. 103325, title V, § 551(c), Sept. 23, 1994, 108 Stat. 2269, required the Director of the Federal Emergency Management Agency to comply with any purchase or loan commitment entered into before the expiration of the 1-year period beginning on Sept. 23, 1994, pursuant to authority under this section or section 551(b) of Pub. L. 103325.
Transition PhasePub. L. 103325, title V, § 551(b), Sept. 23, 1994, 108 Stat. 2269, permitted the Director of the Federal Emergency Management Agency to enter into loan and purchase commitments as provided under this section (as in effect immediately before the enactment of Pub. L. 103325) during the 1-year period beginning on Sept. 23, 1994.
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# 42 U.S.C. § 41041 - Scientific Resolution Panel
## Text
(a) Availability (1) In general Pursuant to the authority provided under section 4104(e) of this title, the Administrator shall make available an independent review panel, to be known as the Scientific Resolution Panel, to any community—
(A) that has—
(i) filed a timely map appeal in accordance with section 4104 of this title;
(ii) completed 60 days of consultation with the Federal Emergency Management Agency on the appeal; and
(iii) not allowed more than 120 days, or such longer period as may be provided by the Administrator by waiver, to pass since the end of the appeal period; or
(B) that has received an unsatisfactory ruling under the map revision process established pursuant to section 4101(f) of this title.
(2) Appeals by owners and lessees If a community and an owner or lessee of real property within the community appeal a proposed determination of a flood elevation under section 4104(b) of this title, upon the request of the community—
(A) the owner or lessee shall submit scientific and technical data relating to the appeals to the Scientific Resolution Panel; and
(B) the Scientific Resolution Panel shall make a determination with respect to the appeals in accordance with subsection (c).
(3) Definition For purposes of paragraph (1)(B), an “unsatisfactory ruling” means that a community—
(A) received a revised Flood Insurance Rate Map from the Federal Emergency Management Agency, via a Letter of Final Determination, after September 30, 2008, and prior to July 6, 2012;
(B) has subsequently applied for a Letter of Map Revision or Physical Map Revision with the Federal Emergency Management Agency; and
(C) has received an unfavorable ruling on their request for a map revision.
(b) Membership The Scientific Resolution Panel made available under subsection (a) shall consist of 5 members with expertise that relates to the creation and study of flood hazard maps and flood insurance. The Scientific Resolution Panel may include representatives from Federal agencies not involved in the mapping study in question and from other impartial experts. Employees of the Federal Emergency Management Agency may not serve on the Scientific Resolution Panel.
(c) Determination (1) In general Following deliberations, and not later than 90 days after its formation, the Scientific Resolution Panel shall issue a determination of resolution of the dispute. Such determination shall set forth recommendations for the base flood elevation determination or the designation of an area having special flood hazards that shall be reflected in the Flood Insurance Rate Maps.
(2) Basis The determination of the Scientific Resolution Panel shall be based on—
(A) data previously provided to the Administrator by the community, and, in the case of a dispute submitted under subsection (a)(2), an owner or lessee of real property in the community; and
(B) data provided by the Administrator.
(3) No alternative determinations permissible The Scientific Resolution Panel—
(A) shall provide a determination of resolution of a dispute that—
(i) is either in favor of the Administrator or in favor of the community on each distinct element of the dispute; or
(ii) in the case of a dispute submitted under subsection (a)(2), is in favor of the Administrator, in favor of the community, or in favor of the owner or lessee of real property in the community on each distinct element of the dispute; and
(B) may not offer as a resolution any other alternative determination.
(4) Effect of determination (A) Binding The recommendations of the Scientific Resolution Panel shall be binding on all appellants and not subject to further judicial review unless the Administrator determines that implementing the determination of the panel would—
(i) pose a significant threat due to failure to identify a substantial risk of special flood hazards; or
(ii) violate applicable law.
(B) Written justification not to enforce If the Administrator elects not to implement the determination of the Scientific Resolution Panel pursuant to subparagraph (A), then not later than 60 days after the issuance of the determination, the Administrator shall issue a written justification explaining such election.
(C) Appeal of determination not to enforce If the Administrator elects not to implement the determination of the Scientific Resolution Panel pursuant to subparagraph (A), the community may appeal the determination of the Administrator as provided for under section 4104(g) of this title.
(d) Maps used for insurance and mandatory purchase requirements With respect to any community that has a dispute that is being considered by the Scientific Resolution Panel formed pursuant to this subsection, the Federal Emergency Management Agency shall ensure that for each such community that—
(1) the Flood Insurance Rate Map described in the most recently issued Letter of Final Determination shall be in force and effect with respect to such community; and
(2) flood insurance shall continue to be made available to the property owners and residents of the participating community.
(Pub. L. 90448, title XIII, § 1363A, as added Pub. L. 112141, div. F, title II, § 100218(a), July 6, 2012, 126 Stat. 930.)
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# 42 U.S.C. § 4104 - Flood elevation determinations
## Text
(a) Publication or notification of proposed flood elevation determinations In establishing projected flood elevations and designating areas having special flood hazards for land use purposes with respect to any community pursuant to section 4102 of this title, the Administrator shall first propose such determinations and designations by publication for comment in the Federal Register, by direct notification to the chief executive officer of the community, and by publication in a prominent local newspaper.
(b) Publication of flood elevation determinations; appeal of owner or lessee to local government; scientific or technical knowledge or information as basis for appeal; modification of proposed determinations The Administrator shall publish notification of flood elevation determinations and designations of areas having special flood hazards in a prominent local newspaper at least twice during the ten-day period following notification to the local government. During the ninety-day period following the second publication, any owner or lessee of real property within the community who believes his property rights to be adversely affected by the Administrators proposed determination may appeal such determination to the local government. The sole grounds for appeal shall be the possession of knowledge or information indicating that (1) the elevations being proposed by the Administrator with respect to an identified area having special flood hazards are scientifically or technically incorrect, or (2) the designation of an identified special flood hazard area is scientifically or technically incorrect.
(c) Appeals by private persons; submission of negativing or contradicting data to community; opinion of community respecting justification for appeal by community; transmission of individual appeals to Administrator; filing of community action with Administrator Appeals by private persons shall be made to the chief executive officer of the community, or to such agency as he shall publicly designate, and shall set forth the data that tend to negate or contradict the Administrators finding in such form as the chief executive officer may specify. The community shall review and consolidate all such appeals and issue a written opinion stating whether the evidence presented is sufficient to justify an appeal on behalf of such persons by the community in its own name. Whether or not the community decides to appeal the Administrators determination, copies of individual appeals shall be sent to the Administrator as they are received by the community, and the communitys appeal or a copy of its decision not to appeal shall be filed with the Administrator not later than ninety days after the date of the second newspaper publication of the Administrators notification.
(d) Administrative review of appeals by private persons; modification of proposed determinations; decision of Administrator: form and distribution In the event the Administrator does not receive an appeal from the community within the ninety days provided, he shall consolidate and review on their own merits, in accordance with the procedures set forth in subsection (e), the appeals filed within the community by private persons and shall make such modifications of his proposed determinations as may be appropriate, taking into account the written opinion, if any, issued by the community in not supporting such appeals. The Administrators decision shall be in written form, and copies thereof shall be sent both to the chief executive officer of the community and to each individual appellant.
(e) Administrative review of appeals by community; agencies for resolution of conflicting data; availability of flood insurance pending such resolution; time for determination of Administrator; community adoption of local land use and control measures within reasonable time of final determination; public inspection and admissibility in evidence of reports and other administrative information Upon appeal by any community, as provided by this section, the Administrator shall review and take fully into account any technical or scientific data submitted by the community that tend to negate or contradict the information upon which his proposed determination is based. The Administrator shall resolve such appeal by consultation with officials of the local government involved, by administrative hearing, or by submission of the conflicting data to the Scientific Resolution Panel provided for in section 41041 of this title. Until the conflict in data is resolved, and the Administrator makes a final determination on the basis of his findings in the Federal Register, and so notifies the governing body of the community, flood insurance previously available within the community shall continue to be available, and no person shall be denied the right to purchase such insurance at chargeable rates. The Administrator shall make his determination within a reasonable time. The community shall be given a reasonable time after the Administrators final determination in which to adopt local land use and control measures consistent with the Administrators determination. The reports and other information used by the Administrator in making his final determination shall be made available for public inspection and shall be admissible in a court of law in the event the community seeks judicial review as provided by this section.
(f) Reimbursement of certain expenses When, incident to any appeal under subsection (b) or (c) of this section, the owner or lessee of real property or the community, as the case may be, or, in the case of an appeal that is resolved by submission of conflicting data to the Scientific Resolution Panel provided for in section 41041 of this title, the community, incurs expense in connection with the services of surveyors, engineers, or similar services, but not including legal services, in the effecting of an appeal based on a scientific or technical error on the part of the Federal Emergency Management Agency, which is successful in whole or part, the Administrator shall reimburse such individual or community to an extent measured by the ratio of the successful portion of the appeal as compared to the entire appeal and applying such ratio to the reasonable value of all such services, but no reimbursement shall be made by the Administrator in respect to any fee or expense payment, the payment of which was agreed to be contingent upon the result of the appeal. The Administrator may use such amounts from the National Flood Insurance Fund established under section 4017 of this title as may be necessary to carry out this subsection. The Administrator shall promulgate regulations to carry out this subsection.
(g) Judicial review of final administrative determinations; venue; time for appeal; scope of review; good cause for stay of final determinations Except as provided in section 41041 of this title, any appellant aggrieved by any final determination of the Administrator upon administrative appeal, as provided by this section, may appeal such determination to the United States district court for the district within which the community is located not more than sixty days after receipt of notice of such determination. The scope of review by the court shall be as provided by chapter 7 of title 5. During the pendency of any such litigation, all final determinations of the Administrator shall be effective for the purposes of this chapter unless stayed by the court for good cause shown.
(Pub. L. 90448, title XIII, § 1363, as added Pub. L. 93234, title I, § 110, Dec. 31, 1973, 87 Stat. 980; amended Pub. L. 95128, title VII, § 704(c), Oct. 12, 1977, 91 Stat. 1146; Pub. L. 98181, title I [title IV, § 451(d)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 112141, div. F, title II, §§ 100217, 100218(b), 100238(b)(1), (2), 100246, July 6, 2012, 126 Stat. 930, 932, 958, 967; Pub. L. 11389, § 18(a), Mar. 21, 2014, 128 Stat. 1027.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (g), was in the original a reference to “this title” meaning title XIII of Pub. L. 90448, 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.
Amendments2014—Subsec. (f). Pub. L. 11389 inserted “or, in the case of an appeal that is resolved by submission of conflicting data to the Scientific Resolution Panel provided for in section 41041 of this title, the community,” after “as the case may be,” and substituted “The Administrator may use such amounts from the National Flood Insurance Fund established under section 4017 of this title as may be necessary to carry out this subsection.” for “The amounts available for implementing this subsection shall not exceed $250,000.” 2012—Subsec. (a). Pub. L. 112141, § 100238(b)(1), substituted “Administrator” for “Director”. Pub. L. 112141, § 100217(1), inserted “and designating areas having special flood hazards” after “flood elevations” and substituted “such determinations and designations” for “such determinations”. Subsec. (b). Pub. L. 112141, § 100238(b)(1), (2), substituted “Administrator” for “Director” in first sentence and “Administrators” for “Directors” in second sentence. Pub. L. 112141, § 100217(2), inserted “and designations of areas having special flood hazards” after “flood elevation determinations” and substituted “The sole grounds for appeal shall be the possession of knowledge or information indicating that (1) the elevations being proposed by the Administrator with respect to an identified area having special flood hazards are scientifically or technically incorrect, or (2) the designation of an identified special flood hazard area is scientifically or technically incorrect.” for “The sole basis for such appeal shall be the possession of knowledge or information indicating that the elevations being proposed by the Director with respect to an identified area having special flood hazards are scientifically or technically incorrect, and the sole relief which shall be granted under the authority of this section in the event that such appeal is sustained in accordance with subsection (e) or (f) of this section is a modification of the Directors proposed determination accordingly.” Subsecs. (c), (d). Pub. L. 112141, § 100238(b)(1), (2), substituted “Administrator” for “Director” and “Administrators” for “Directors” wherever appearing. Subsec. (e). Pub. L. 112141, § 100238(b)(1), (2), substituted “Administrator” for “Director” wherever appearing and “Administrators” for “Directors” in two places. Pub. L. 112141, § 100218(b)(1), substituted “the Scientific Resolution Panel provided for in section 41041 of this title” for “an independent scientific body or appropriate Federal agency for advice”. Subsec. (f). Pub. L. 112141, § 100246, added subpar. (f) and struck out former subpar. (f) which read as follows: “When, incident to any appeal under subsection (b) or (c) of this section, the owner or lessee of real property or the community, as the case may be, incurs expense in connection with the services of surveyors, engineers, or similar services, but not including legal services, in the effecting of an appeal which is successful in whole or part, the Director shall reimburse such individual or community to an extent measured by the ratio of the successful portion of the appeal as compared to the entire appeal and applying such ratio to the reasonable value of all such services, but no reimbursement shall be made by the Director in respect to any fee or expense payment, the payment of which was agreed to be contingent upon the result of the appeal. There is authorized to be appropriated for purposes of implementing this subsection, not to exceed $250,000.” Subsec. (g). Pub. L. 112141, § 100238(b)(1), substituted “Administrator” for “Director” in two places. Pub. L. 112141, § 100218(b)(2), substituted “Except as provided in section 41041 of this title, any appellant” for “Any appellant”. 1983—Pub. L. 98181 substituted “Director” for “Secretary” and “Directors” for “Secretarys” wherever appearing. 1977—Subsecs. (f), (g). Pub. L. 95128 added subsec. (f) and redesignated former subsec. (f) as (g).
Statutory Notes and Related Subsidiaries
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.
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# 42 U.S.C. § 4104a - Notice requirements
## Text
(a) Notification of special flood hazards (1) Regulated lending institutions Each Federal entity for lending regulation (after consultation and coordination with the Financial Institutions Examination Council) shall by regulation require regulated lending institutions, as a condition of making, increasing, extending, or renewing any loan secured by improved real estate or a mobile home that the regulated lending institution determines is located or is to be located in an area that has been identified by the Administrator under this chapter or the Flood Disaster Protection Act of 1973 as an area having special flood hazards, to notify the purchaser or lessee (or obtain satisfactory assurances that the seller or lessor has notified the purchaser or lessee) and the servicer of the loan of such special flood hazards, in writing, a reasonable period in advance of the signing of the purchase agreement, lease, or other documents involved in the transaction. The regulations shall also require that the regulated lending institution retain a record of the receipt of the notices by the purchaser or lessee and the servicer.
(2) Federal agency lenders Each Federal agency lender shall by regulation require notification in the manner provided under paragraph (1) with respect to any loan that is made by the Federal agency lender and secured by improved real estate or a mobile home located or to be located in an area that has been identified by the Administrator under this chapter or the Flood Disaster Protection Act of 1973 as an area having special flood hazards. Any regulations issued under this paragraph shall be consistent with and substantially identical to the regulations issued under paragraph (1).
(3) Contents of notice Written notification required under this subsection shall include—
(A) a warning, in a form to be established by the Administrator, stating that the building on the improved real estate securing the loan is located, or the mobile home securing the loan is or is to be located, in an area having special flood hazards;
(B) a description of the flood insurance purchase requirements under section 102(b) of the Flood Disaster Protection Act of 1973 [42 U.S.C. 4012a(b)];
(C) a statement that flood insurance coverage may be purchased under the national flood insurance program and is also available from private insurers, as required under section 102(b)(6) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(b)(6)); and
(D) any other information that the Administrator considers necessary to carry out the purposes of the national flood insurance program.
(b) Notification of change of servicer (1) Lending institutions Each Federal entity for lending regulation (after consultation and coordination with the Financial Institutions Examination Council) shall by regulation require regulated lending institutions, in connection with the making, increasing, extending, renewing, selling, or transferring any loan described in subsection (a)(1), to notify the Administrator (or the designee of the Administrator) in writing during the term of the loan of the servicer of the loan. Such institutions shall also notify the Administrator (or such designee) of any change in the servicer of the loan, not later than 60 days after the effective date of such change. The regulations under this subsection shall provide that upon any change in the servicing of a loan, the duty to provide notification under this subsection shall transfer to the transferee servicer of the loan.
(2) Federal agency lenders Each Federal agency lender shall by regulation provide for notification in the manner provided under paragraph (1) with respect to any loan described in subsection (a)(1) that is made by the Federal agency lender. Any regulations issued under this paragraph shall be consistent with and substantially identical to the regulations issued under paragraph (1) of this subsection.
(c) Notification of expiration of insurance The Administrator (or the designee of the Administrator) shall, not less than 45 days before the expiration of any contract for flood insurance under this chapter, issue notice of such expiration by first class mail to the owner of the property covered by the contract, the servicer of any loan secured by the property covered by the contract, and (if known to the Administrator) the owner of the loan.
(Pub. L. 90448, title XIII, § 1364, as added Pub. L. 93383, title VIII, § 816(a), Aug. 22, 1974, 88 Stat. 739; amended Pub. L. 98181, title I [title IV, § 451(d)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 103325, title V, § 527, Sept. 23, 1994, 108 Stat. 2263; Pub. L. 112141, div. F, title II, §§ 100238(b)(1), 100239(b), July 6, 2012, 126 Stat. 958, 960.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsecs. (a)(1), (2) and (c), was in the original a reference to “this title” meaning title XIII of Pub. L. 90448, 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. The Flood Disaster Protection Act of 1973, referred to in subsec. (a)(1), (2), is Pub. L. 93234, Dec. 31, 1973, 87 Stat. 975, which enacted sections 4002, 4003, 4012a, 4104, 4104a, 4105 to 4107, and 4128 of this title, amended sections 4001, 4013 to 4016, 4026, 4054, 4056, 4101, and 4121 of this title and sections 24 and 17091 of Title 12, Banks and Banking, repealed section 4021 of this title, and enacted provision set out as a note under section 4001 of this title. For complete classification of this Act to the Code, see Short Title of 1973 Amendment note set out under section 4001 of this title and Tables.
Amendments2012—Subsec. (a). Pub. L. 112141, § 100238(b)(1), substituted “Administrator” for “Director” wherever appearing. Subsec. (a)(3)(C). Pub. L. 112141, § 100239(b), inserted “, as required under section 102(b)(6) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a(b)(6))” after “private insurers”. Subsecs. (b)(1), (c). Pub. L. 112141, § 100238(b)(1), substituted “Administrator” for “Director” wherever appearing. 1994—Pub. L. 103325 amended section generally. Prior to amendment, section read as follows: “Each Federal instrumentality responsible for the supervision, approval, regulation, or insuring of banks, savings and loan associations, or similar institutions shall by regulation require such institutions, as a condition of making, increasing, extending, or renewing (after the expiration of thirty days following August 22, 1974) any loan secured by improved real estate or a mobile home located or to be located in an area that has been identified by the Director under this chapter or Public Law 93234 as an area having special flood hazards, to notify the purchaser or lessee (or obtain satisfactory assurances that the seller or lessor has notified the purchaser or lessee) of such special flood hazards, in writing, a reasonable period in advance of the signing of the purchase agreement, lease, or other documents involved in the transaction.” 1983—Pub. L. 98181 substituted “Director” for “Secretary”.
Statutory Notes and Related Subsidiaries
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.
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# 42 U.S.C. § 4104b - Standard hazard determination forms
## Text
(a) Development The Administrator, in consultation with representatives of the mortgage and lending industry, the Federal entities for lending regulation, the Federal agency lenders, and any other appropriate individuals, shall develop a standard form for determining, in the case of a loan secured by improved real estate or a mobile home, whether the building or mobile home is located in an area identified by the Administrator as an area having special flood hazards and in which flood insurance under this chapter is available. The form shall be established by regulations issued not later than 270 days after September 23, 1994.
(b) Design and contents (1) Purpose The form under subsection (a) shall be designed to facilitate compliance with the flood insurance purchase requirements of this chapter.
(2) Contents The form shall require identification of the type of flood-risk zone in which the building or mobile home is located, the complete map and panel numbers for the improved real estate or property on which the mobile home is located, the community identification number and community participation status (for purposes of the national flood insurance program) of the community in which the improved real estate or such property is located, and the date of the map used for the determination, with respect to flood hazard information on file with the Administrator. If the building or mobile home is not located in an area having special flood hazards the form shall require a statement to such effect and shall indicate the complete map and panel numbers of the improved real estate or property on which the mobile home is located. If the complete map and panel numbers are not available because the building or mobile home is not located in a community that is participating in the national flood insurance program or because no map exists for the relevant area, the form shall require a statement to such effect. The form shall provide for inclusion or attachment of any relevant documents indicating revisions or amendments to maps.
(c) Required use The Federal entities for lending regulation shall by regulation require the use of the form under this section by regulated lending institutions. Each Federal agency lender shall by regulation provide for the use of the form with respect to any loan made by such Federal agency lender. The Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation and the Government National Mortgage Association shall require the use of the form with respect to any loan purchased by such entities. A lender or other person may comply with the requirement under this subsection by using the form in a printed, computerized, or electronic manner.
(d) Guarantees regarding information In providing information regarding special flood hazards on the form developed under this section, any lender (or other person required to use the form) who makes, increases, extends, or renews a loan secured by improved real estate or a mobile home may provide for the acquisition or determination of such information to be made by a person other than such lender (or other person), only to the extent such person guarantees the accuracy of the information.
(e) Reliance on previous determination Any person increasing, extending, renewing, or purchasing a loan secured by improved real estate or a mobile home may rely on a previous determination of whether the building or mobile home is located in an area having special flood hazards (and shall not be liable for any error in such previous determination), if the previous determination was made not more than 7 years before the date of the transaction and the basis for the previous determination has been set forth on a form under this section, unless—
(1) map revisions or updates pursuant to section 4101(f) of this title after such previous determination have resulted in the building or mobile home being located in an area having special flood hazards; or
(2) the person contacts the Administrator to determine when the most recent map revisions or updates affecting such property occurred and such revisions and updates have occurred after such previous determination.
(f) Effective date The regulations under this section requiring use of the form established pursuant to this section shall be issued together with the regulations required under subsection (a) and shall take effect upon the expiration of the 180-day period beginning on such issuance.
(Pub. L. 90448, title XIII, § 1365, as added Pub. L. 103325, title V, § 528, Sept. 23, 1994, 108 Stat. 2264; amended Pub. L. 112141, div. F, title II, § 100238(b)(1), July 6, 2012, 126 Stat. 958.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsecs. (a) and (b)(1), was in the original a reference to “this title” meaning title XIII of Pub. L. 90448, 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.
Amendments2012—Subsecs. (a), (b)(2), (e)(2). Pub. L. 112141 substituted “Administrator” for “Director” wherever appearing.
Statutory Notes and Related Subsidiaries
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.
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# 42 U.S.C. § 4104d - National Flood Mitigation Fund
## Text
(a) Establishment and availability The Administrator shall establish in the Treasury of the United States a fund to be known as the National Flood Mitigation Fund, which shall be credited with amounts described in subsection (b) and shall be available, to the extent provided in appropriation Acts, for providing assistance under section 4104c of this title.
(b) Credits The National Flood Mitigation Fund shall be credited with—
(1) in each fiscal year, amounts from the National Flood Insurance Fund not to exceed $90,000,000 and to remain available until expended, of which—
(A) not more than $40,000,000 shall be available pursuant to subsection (a) of this section for assistance described in section 4104c(a)(1) of this title;
(B) not more than $40,000,000 shall be available pursuant to subsection (a) of this section for assistance described in section 4104c(a)(2) of this title; and
(C) not more than $10,000,000 shall be available pursuant to subsection (a) of this section for assistance described in section 4104c(a)(3) of this title;
(2) any penalties collected under section 4012a(f) of this title; and
(3) any amounts recaptured under section 4104c(e) of this title.
(c) Administrative expenses The Administrator may use not more than 5 percent of amounts made available under subsection (b) to cover salaries, expenses, and other administrative costs incurred by the Administrator to make grants and provide assistance under section 4104c of this title.
(d) Prohibition on offsetting collections Notwithstanding any other provision of this chapter, amounts made available pursuant to this section shall not be subject to offsetting collections through premium rates for flood insurance coverage under this chapter.
(e) Continued availability and reallocation Any amounts made available pursuant to subparagraph (A), (B), or (C) of subsection (b)(1) that are not used in any fiscal year shall continue to be available for the purposes specified in the subparagraph of subsection (b)(1) pursuant to which such amounts were made available, unless the Administrator determines that reallocation of such unused amounts to meet demonstrated need for other mitigation activities under section 4104c of this title is in the best interest of the National Flood Insurance Fund.
(f) Investment If the Administrator determines that the amounts in the National Flood Mitigation Fund are in excess of amounts needed under subsection (a), the Administrator may invest any excess amounts the Administrator determines advisable in interest-bearing obligations issued or guaranteed by the United States.
(g) Report The Administrator shall submit a report to the Congress not later than the expiration of the 1-year period beginning on September 23, 1994, and not less than once during each successive 2-year period thereafter. The report shall describe the status of the Fund and any activities carried out with amounts from the Fund.
(Pub. L. 90448, title XIII, § 1367, as added Pub. L. 103325, title V, § 554(a), Sept. 23, 1994, 108 Stat. 2273; amended Pub. L. 108264, title I, § 103(d), June 30, 2004, 118 Stat. 721; Pub. L. 112141, div. F, title II, §§ 100225(e), 100238(b)(1), July 6, 2012, 126 Stat. 941, 958.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (d), was in the original a reference to “this title” meaning title XIII of Pub. L. 90448, 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.
Codification September 23, 1994, referred to in subsec. (g), was in the original “the date of enactment of this Act”, which was translated as meaning the date of enactment of Pub. L. 103325, which enacted this section, to reflect the probable intent of Congress.
Amendments2012—Subsec. (a). Pub. L. 112141, § 100238(b)(1), substituted “Administrator” for “Director”. Subsec. (b)(1). Pub. L. 112141, § 100225(e)(1)(A), added par. (1) and struck out former par. (1) which read as follows: “in each fiscal year, amounts from the National Flood Insurance Fund not exceeding $40,000,000, to remain available until expended;”. Subsec. (b)(3). Pub. L. 112141, § 100225(e)(1)(B), substituted “section 4104c(e)” for “section 4104c(i)”. Subsec. (c). Pub. L. 112141, § 100238(b)(1), substituted “Administrator” for “Director” in two places. Pub. L. 112141, § 100225(e)(2), substituted “section 4104c” for “sections 4104c and 4030”. Subsecs. (d), (e). Pub. L. 112141, § 100225(e)(4), added subsecs. (d) and (e). Former subsecs. (d) and (e) redesignated (f) and (g), respectively. Subsecs. (f), (g). Pub. L. 112141, § 100238(b)(1), substituted “Administrator” for “Director” wherever appearing. Pub. L. 112141, § 100225(e)(3), redesignated subsecs. (d) and (e) as (f) and (g), respectively. 2004—Subsec. (b)(1). Pub. L 108264, § 103(d)(1), added par. (1) and struck out former par. (1) which read as follows: “amounts from the National Flood Insurance Fund, in amounts not exceeding— “(A) $10,000,000 in the fiscal year ending September 30, 1994; “(B) $15,000,000 in the fiscal year ending September 30, 1995; “(C) $20,000,000 in the fiscal year ending September 30, 1996; and “(D) $20,000,000 in each fiscal year thereafter;”. Subsecs. (c) to (e). Pub. L. 108264, § 103(d)(2), (3), added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.
Statutory Notes and Related Subsidiaries
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.
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# 42 U.S.C. § 4105 - Disaster mitigation requirements; notification to flood-prone areas
## Text
(a) Initial notification Not later than six months following December 31, 1973, the Administrator shall publish information in accordance with section 4101(1) of this title, and shall notify the chief executive officer of each known flood-prone community not already participating in the national flood insurance program of its tentative identification as a community containing one or more areas having special flood hazards.
(b) Alternative actions of tentatively identified communities; public hearing; opportunity for submission of evidence; finality of administrative determination of existence or extent of flood hazard area After such notification, each tentatively identified community shall either (1) promptly make proper application to participate in the national flood insurance program or (2) within six months submit technical data sufficient to establish to the satisfaction of the Administrator that the community either is not seriously flood prone or that such flood hazards as may have existed have been corrected by flood-works or other flood control methods. The Administrator may, in his discretion, grant a public hearing to any community with respect to which conflicting data exist as to the nature and extent of a flood hazard. If the Administrator decides not to hold a hearing, the community shall be given an opportunity to submit written and documentary evidence. Whether or not such hearing is granted, the Administrators final determination as to the existence or extent of a flood hazard area in a particular community shall be deemed conclusive for the purposes of this Act if supported by substantial evidence in the record considered as a whole.
(c) Subsequent notification to additional communities known to be flood prone areas As information becomes available to the Administrator concerning the existence of flood hazards in communities not known to be flood prone at the time of the initial notification provided for by subsection (a) of this section he shall provide similar notifications to the chief executive officers of such additional communities, which shall then be subject to the requirements of subsection (b) of this section.
(d) Provisions of section 4106 applicable to flood-prone communities disqualified for flood insurance program Formally identified flood-prone communities that do not qualify for the national flood insurance program within one year after such notification or by the date specified in section 4106 of this title, whichever is later, shall thereafter be subject to the provisions of that section relating to flood-prone communities which are not participating in the program.
(e) Administrative procedures; establishment; reimbursement of certain expenses; appropriation authorization The Administrator is authorized to establish administrative procedures whereby the identification under this section of one or more areas in the community as having special flood hazards may be appealed to the Administrator by the community or any owner or lessee of real property within the community who believes his property has been inadvertently included in a special flood hazard area by the identification. When, incident to any appeal under this subsection, the owner or lessee of real property or the community, as the case may be, incurs expense in connection with the services of surveyors, engineers, or similar services, but not including legal services, in the effecting of an appeal which is successful in whole or part, the Administrator shall reimburse such individual or community to an extent measured by the ratio of the successful portion of the appeal as compared to the entire appeal and applying such ratio to the reasonable value of all such services, but no reimbursement shall be made by the Administrator in respect to any fee or expense payment, the payment of which was agreed to be contingent upon the result of the appeal. There is authorized to be appropriated for purposes of implementing this subsection not to exceed $250,000.
(Pub. L. 93234, title II, § 201, Dec. 31, 1973, 87 Stat. 982; Pub. L. 95128, title VII, § 704(d), Oct. 12, 1977, 91 Stat. 1146; Pub. L. 98181, title I [title IV, § 451(e)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 98479, title II, § 204(j), Oct. 17, 1984, 98 Stat. 2233; Pub. L. 112141, div. F, title II, § 100238(a), July 6, 2012, 126 Stat. 958.)
## Notes
Editorial Notes
References in TextThis Act, referred to in subsec. (b), means Pub. L. 93234, Dec. 31, 1973, 87 Stat. 975, known as the Flood Disaster Protection Act of 1973. For complete classification of this Act to the Code, see Short Title of 1973 Amendment note set out under section 4001 of this title and Tables.
Codification Section was enacted as part of the Flood Disaster Protection Act of 1973, and not as part of the National Flood Insurance Act of 1968 which comprises this chapter.
Amendments2012—Subsecs. (a) to (c), (e). Pub. L. 112141 substituted “Administrator” for “Director” and “Administrators” for “Directors” wherever appearing. 1984—Subsec. (e). Pub. L. 98479 struck out quotation marks before “$250,000”. 1983—Subsecs. (a) to (c), (e). Pub. L. 98181 substituted “Director” for “Secretary” and “Directors” for “Secretarys” wherever appearing. 1977—Subsec. (e). Pub. L. 95128 added subsec. (e).
Statutory Notes and Related Subsidiaries
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.
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# 42 U.S.C. § 4106 - Nonparticipation in flood insurance program
## Text
(a) Prohibition against Federal approval of financial assistance No Federal officer or agency shall approve any financial assistance for acquisition or construction purposes on and after July 1, 1975, for use in any area that has been identified by the Administrator as an area having special flood hazards unless the community in which such area is situated is then participating in the national flood insurance program.
(b) Notification of purchaser or lessee of property in flood hazard area of availability of Federal disaster relief assistance in event of a flood disaster In addition to the requirements of section 4104a of this title, each Federal entity for lending regulation shall by regulation require the regulated lending institutions described in such section, and each Federal agency lender shall issue regulations requiring the Federal agency lender, described in such section to notify (as a condition of making, increasing, extending, or renewing any loan secured by property described in such section) the purchaser or lessee of such property of whether, in the event of a disaster caused by flood to such property, Federal disaster relief assistance will be available to such property.
(Pub. L. 93234, title II, § 202, Dec. 31, 1973, 87 Stat. 982; Pub. L. 9450, title III, § 303, July 2, 1975, 89 Stat. 256; Pub. L. 94198, Dec. 31, 1975, 89 Stat. 1116; Pub. L. 94375, § 14(a), Aug. 3, 1976, 90 Stat. 1075; Pub. L. 95128, title VII, § 703(a), Oct. 12, 1977, 91 Stat. 1144; Pub. L. 98181, title I [title IV, § 451(e)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 103325, title V, § 511(b), Sept. 23, 1994, 108 Stat. 2256; Pub. L. 112141, div. F, title II, § 100238(a)(1), July 6, 2012, 126 Stat. 958.)
## Notes
Editorial Notes
Codification Section was enacted as part of the Flood Disaster Protection Act of 1973, and not as part of the National Flood Insurance Act of 1968 which comprises this chapter.
Amendments2012—Subsec. (a). Pub. L. 112141 substituted “Administrator” for “Director”. 1994—Subsec. (b). Pub. L. 103325 substituted “Federal entity for lending regulation shall by regulation require the regulated lending institutions described in such section, and each Federal agency lender shall issue regulations requiring the Federal agency lender,” for “Federal instrumentality described in such section shall by regulation require the institutions”. 1983—Subsec. (a). Pub. L. 98181 substituted “Director” for “Secretary”. 1977—Subsec. (b). Pub. L. 95128 substituted provisions respecting notification of purchaser or lessee of property in flood hazards area of availability of Federal disaster relief assistance in the event of a flood disaster for prior provisions relating to: Federal regulations against loans by financial institutions, unaffected pre-March 1, 1976, residences, small business concerns, improvements under $5,000 and nonresidential farm improvement. 1976—Subsec. (b). Pub. L. 94375 incorporated provision regarding any loan made prior to March 1, 1976, to finance the acquisition of a previously occupied residential dwelling into cl. (1) as so designated, added remainder of cl. (1), and cls. (2) to (4). 1975—Subsec. (b). Pub. L. 94198 substituted “March 1, 1976” for “January 1, 1976”. Pub. L. 9450 inserted provision excepting from the prohibition of this section any loan made prior to January 1, 1976, to finance the acquisition of a previously occupied residential dwelling.
Statutory Notes and Related Subsidiaries
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.
Executive Documents
Floodplain ManagementFor provisions relating to the reduction of the risk of flood loss, the minimization of the impact of floods on human safety, health and welfare, and the management of floodplains, see Ex. Ord. No. 11988, May 24, 1977, 42 F.R. 26951 set out as a note under section 4321 of this title.
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# 42 U.S.C. § 4107 - Consultation with local officials; scope
## Text
In carrying out his responsibilities under the provisions of this title 11 See References in Text note below. and the National Flood Insurance Act of 1968 [42 U.S.C. 4001 et seq.] which relate to notification to and identification of flood-prone areas and the application of criteria for land management and use, including criteria derived from data reflecting new developments that may indicate the desirability of modifying elevations based on previous flood studies, the Administrator shall establish procedures assuring adequate consultation with the appropriate elected officials of general purpose local governments, including but not limited to those local governments whose prior eligibility under the program has been suspended. Such consultation shall include, but not be limited to, fully informing local officials at the commencement of any flood elevation study or investigation undertaken by any agency on behalf of the Administrator concerning the nature and purpose of the study, the areas involved, the manner in which the study is to be undertaken, the general principles to be applied, and the use to be made of the data obtained. The Administrator shall encourage local officials to disseminate information concerning such study widely within the community, so that interested persons will have an opportunity to bring all relevant facts and technical data concerning the local flood hazard to the attention of the agency during the course of the study.
(Pub. L. 93234, title II, § 206, Dec. 31, 1973, 87 Stat. 983; Pub. L. 98181, title I [title IV, § 451(e)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 112141, div. F, title II, § 100238(a)(1), July 6, 2012, 126 Stat. 958.)
## Notes
Editorial Notes
References in TextThis title, referred to in text, means title II of Pub. L. 93234, Dec. 31, 1973, 87 Stat. 975, which enacted sections 4105 to 4107 and 4128 of this title and amended section 4101 of this title and sections 24 and 17091 of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title of 1973 Amendment note set out under section 4001 of this title and Tables. The National Flood Insurance Act of 1968, referred to in text, is title XIII of Pub. L. 90448, Aug. 1, 1968, 82 Stat. 572, which is classified principally to this chapter (§ 4001 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 4001 of this title and Tables.
Codification Section was enacted as part of the Flood Disaster Protection Act of 1973, and not as part of the National Flood Insurance Act of 1968 which comprises this chapter.
Amendments2012—Pub. L. 112141 substituted “Administrator” for “Director” wherever appearing. 1983—Pub. L. 98181 substituted “Director” for “Secretary” wherever appearing.
Statutory Notes and Related Subsidiaries
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.
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# 42 U.S.C. § 4121 - Definitions
## Text
(a) As used in this chapter—
(1) the term “flood” shall have such meaning as may be prescribed in regulations of the Administrator, and may include inundation from rising waters or from the overflow of streams, rivers, or other bodies of water, or from tidal surges, abnormally high tidal water, tidal waves, tsunamis, hurricanes, or other severe storms or deluge;
(2) the terms “United States” (when used in a geographic sense) and “State” includes the several States, the District of Columbia, the territories and possessions, the Commonwealth of Puerto Rico, and the Trust Territory of the Pacific Islands;
(3) the terms “insurance company”, “other insurer” and “insurance agent or broker” include any organization or person that is authorized to engage in the business of insurance under the laws of any State, subject to the reporting requirements of the Securities Exchange Act of 1934 [15 U.S.C. 78a et seq.] pursuant to section 13(a) or 15(d) of such Act (15 U.S.C. 78m(a) and 78o(d)), or authorized by the Administrator to assume reinsurance on risks insured by the flood insurance program;
(4) 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;
(5) the term “person” includes any individual or group of individuals, corporation, partnership, association, or any other organized group of persons, including State and local governments and agencies thereof;
(6) the term “Administrator” means the Administrator of the Federal Emergency Management Agency;
(7) the term “repetitive loss structure” means a structure covered by a contract for flood insurance that—
(A) has incurred flood-related damage on 2 occasions, in which the cost of repair, on the average, equaled or exceeded 25 percent of the value of the structure at the time of each such flood event; and
(B) at the time of the second incidence of flood-related damage, the contract for flood insurance contains increased cost of compliance coverage.11 So in original. The period probably should be a semicolon.
(8) the term “Federal agency lender” means a Federal agency that makes direct loans secured by improved real estate or a mobile home, to the extent such agency acts in such capacity;
(9) the term “Federal entity for lending regulation” means the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Comptroller of the Currency, the National Credit Union Administration, and the Farm Credit Administration, and with respect to a particular regulated lending institution means the entity primarily responsible for the supervision of the institution;
(10) the term “improved real estate” means real estate upon which a building is located;
(11) the term “lender” means a regulated lending institution or Federal agency lender;
(12) the term “natural and beneficial floodplain functions” means—
(A) the functions associated with the natural or relatively undisturbed floodplain that (i) moderate flooding, retain flood waters, reduce erosion and sedimentation, and mitigate the effect of waves and storm surge from storms, and (ii) reduce flood related damage; and
(B) ancillary beneficial functions, including maintenance of water quality and recharge of ground water, that reduce flood related damage;
(13) the term “regulated lending institution” means any bank, savings and loan association, credit union, farm credit bank, Federal land bank association, production credit association, or similar institution subject to the supervision of a Federal entity for lending regulation;
(14) the term “servicer” means the person responsible for receiving any scheduled periodic payments from a borrower pursuant to the terms of a loan, including amounts for taxes, insurance premiums, and other charges with respect to the property securing the loan, and making the payments of principal and interest and such other payments with respect to the amounts received from the borrower as may be required pursuant to the terms of the loan; and
(15) the term “substantially damaged structure” means a structure covered by a contract for flood insurance that has incurred damage for which the cost of repair exceeds an amount specified in any regulation promulgated by the Administrator, or by a community ordinance, whichever is lower.
(b) The term “flood” shall also include inundation from mudslides which are proximately caused by accumulations of water on or under the ground; and all of the provisions of this chapter shall apply with respect to such mud-slides in the same manner and to the same extent as with respect to floods described in subsection (a)(1), subject to and in accordance with such regulations, modifying the provisions of this chapter (including the provisions relating to land management and use) to the extent necessary to insure that they can be effectively so applied, as the Administrator may prescribe to achieve (with respect to such mudslides) the purposes of this chapter and the objectives of the program.
(c) The term “flood” shall also include the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels, and all of the provisions of this chapter shall apply with respect to such collapse or subsidence in the same manner and to the same extent as with respect to floods described in subsection (a)(1), subject to and in accordance with such regulations, modifying the provisions of this chapter (including the provisions relating to land management and use) to the extent necessary to insure that they can be effectively so applied, as the Administrator may prescribe to achieve (with respect to such collapse or subsidence) the purposes of this chapter and the objectives of the program.
(Pub. L. 90448, title XIII, § 1370, Aug. 1, 1968, 82 Stat. 588; Pub. L. 91152, title IV, § 409(b), Dec. 24, 1969, 83 Stat. 397; Pub. L. 93234, title I, §§ 107, 108(b), Dec. 31, 1973, 87 Stat. 979, 980; Pub. L. 98181, title I [title IV, § 451(d)(1), (8)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 100628, title X, § 1086(b), Nov. 7, 1988, 102 Stat. 3278; Pub. L. 103325, title V, § 512(a), Sept. 23, 1994, 108 Stat. 2256; Pub. L. 108264, title I, § 105(b), June 30, 2004, 118 Stat. 723; Pub. L. 112141, div. F, title II, §§ 100232(d)(5), 100238(b)(1), (3), July 6, 2012, 126 Stat. 954, 958.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original a reference to “this title” meaning title XIII of Pub. L. 90448, 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. The Securities Exchange Act of 1934, referred to in subsec. (a)(3), is act June 6, 1934, ch. 404, 48 Stat. 881, which is classified principally to chapter 2B (§ 78a et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 78a of Title 15 and Tables.
Amendments2012—Subsec. (a)(1). Pub. L. 112141, § 100238(b)(1), substituted “Administrator” for “Director”. Subsec. (a)(3). Pub. L. 112141, § 100232(d)(5), substituted “include any organization or person that is authorized to engage in the business of insurance under the laws of any State, subject to the reporting requirements of the Securities Exchange Act of 1934 pursuant to section 13(a) or 15(d) of such Act (15 U.S.C. 78m(a) and 78o(d)), or authorized by the Administrator to assume reinsurance on risks insured by the flood insurance program;” for “include any organizations and persons authorized to engage in the insurance business under the laws of any State;”. Subsec. (a)(6). Pub. L. 112141, § 100238(b)(1), substituted “Administrator” for “Director” in two places. Subsec. (a)(9). Pub. L. 112141, § 100238(b)(3), struck out “the Office of Thrift Supervision,” after “the Comptroller of the Currency,”. Subsecs. (a)(15), (b), (c). Pub. L. 112141, § 100238(b)(1), substituted “Administrator” for “Director”. 2004—Subsec. (a)(7). Pub. L. 108264, § 105(b)(1), added par. (7) and struck out former par. (7) which read as follows: “the term repetitive loss structure means a structure covered by a contract for flood insurance under this chapter that has incurred flood-related damage on 2 occasions during a 10-year period ending on the date of the event for which a second claim is made, in which the cost of repair, on the average, equaled or exceeded 25 percent of the value of the structure at the time of each such flood event;”. Subsec. (a)(15). Pub. L. 108264, § 105(b)(2)(4), added par. (15). 1994—Subsec. (a)(7) to (14). Pub. L. 103325 added pars. (7) to (14). 1988—Subsecs. (b), (c). Pub. L. 100628 substituted “subsection (a)(1)” for “paragraph (1)”. 1983—Subsec. (a)(1). Pub. L. 98181, § 451(d)(1), substituted “Director” for “Secretary”. Subsec. (a)(6). Pub. L. 98181, § 451(d)(8), substituted definition of “Director” as the Director of the Federal Emergency Management Agency for definition of “Secretary” as the Secretary of Housing and Urban Development. Subsecs. (b), (c). Pub. L. 98181, § 451(d)(1), substituted “Director” for “Secretary”. 1973—Subsec. (b). Pub. L. 93234, § 107, inserted “proximately” before “caused”. Subsec. (c). Pub. L. 93234, § 108(b), added subsec. (c). 1969—Pub. L. 91152 designated existing provisions as subsec. (a) and added subsec. (b).
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. 90448, 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.
Executive Documents
Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
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# 42 U.S.C. § 4122 - Studies of other natural disasters; cooperation and consultation with other departments and agencies
## Text
(a) The Administrator is authorized to undertake such studies as may be necessary for the purpose of determining the extent to which insurance protection against earthquakes or any other natural disaster perils, other than flood, is not available from public or private sources, and the feasibility of such insurance protection being made available.
(b) Studies under this section shall be carried out, to the maximum extent practicable, with the cooperation of other Federal departments and agencies and State and local agencies, and the Administrator is authorized to consult with, receive information from, and enter into any necessary agreements or other arrangements with such other Federal departments and agencies (on a reimbursement basis) and such State and local agencies.
(Pub. L. 90448, title XIII, § 1371, Aug. 1, 1968, 82 Stat. 588; Pub. L. 98181, title I [title IV, § 451(d)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 112141, div. F, title II, § 100238(b)(1), July 6, 2012, 126 Stat. 958.)
## Notes
Editorial Notes
Amendments2012—Pub. L. 112141 substituted “Administrator” for “Director” in subsecs. (a) and (b). 1983—Pub. L. 98181 substituted “Director” for “Secretary” in subsecs. (a) and (b).
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. 90448, 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.
Study of Sinkhole InsurancePub. L. 98181, title I [title IV, § 453], Nov. 30, 1983, 97 Stat. 1230, permitted the Director of the Federal Emergency Management Agency to make a grant to a nonprofit organization, educational institution, or State or local agency to study the feasibility of expanding the national flood insurance program to cover damage or loss arising from sinkholes and authorized appropriations.
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# 42 U.S.C. § 4123 - Advance payments
## Text
Any payments under this chapter may be made (after necessary adjustment on account of previously made underpayments or overpayments) in advance or by way of reimbursement, and in such installments and on such conditions, as the Administrator may determine.
(Pub. L. 90448, title XIII, § 1372, Aug. 1, 1968, 82 Stat. 589; Pub. L. 98181, title I [title IV, § 451(d)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 112141, div. F, title II, § 100238(b)(1), July 6, 2012, 126 Stat. 958.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original a reference to “this title” meaning title XIII of Pub. L. 90448, 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.
Amendments2012—Pub. L. 112141 substituted “Administrator” for “Director”. 1983—Pub. L. 98181 substituted “Director” for “Secretary”.
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. 90448, 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.
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# 42 U.S.C. § 4124 - Applicability of fiscal controls
## Text
The provisions of chapter 91 of title 31 shall apply to the program authorized under this chapter to the same extent as they apply to wholly owned Government corporations.
(Pub. L. 90448, title XIII, § 1373, Aug. 1, 1968, 82 Stat. 589; Pub. L. 98479, title II, § 203(j)(3), Oct. 17, 1984, 98 Stat. 2231.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original a reference to “this title” meaning title XIII of Pub. L. 90448, 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.
Amendments1984—Pub. L. 98479 substituted “chapter 91 of title 31” for “the Government Corporation Control Act”.
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. 90448, set out as a note under section 4001 of this title.
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# 42 U.S.C. § 4125 - Finality of certain financial transactions
## Text
Notwithstanding the provisions of any other law—
(1) any financial transaction authorized to be carried out under this chapter, and
(2) any payment authorized to be made or to be received in connection with any such financial transaction,
shall be final and conclusive upon all officers of the Government.
(Pub. L. 90448, title XIII, § 1374, Aug. 1, 1968, 82 Stat. 589.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in par. (1), was in the original a reference to “this title” meaning title XIII of Pub. L. 90448, 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.
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. 90448, set out as a note under section 4001 of this title.
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# 42 U.S.C. § 4126 - Administrative expenses
## Text
Any administrative expenses which may be sustained by the Federal Government in carrying out the flood insurance and floodplain management programs authorized under this chapter may be paid with amounts from the National Flood Insurance Fund (as provided under section 4017(a)(4) of this title), subject to approval in appropriations Acts.
(Pub. L. 90448, title XIII, § 1375, Aug. 1, 1968, 82 Stat. 589; Pub. L. 101508, title II, § 2302(e)(4), Nov. 5, 1990, 104 Stat. 138825.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original a reference to “this title” meaning title XIII of Pub. L. 90448, 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.
Amendments1990—Pub. L. 101508 substituted “and floodplain management programs authorized under this chapter may be paid with amounts from the National Flood Insurance Fund (as provided under section 4017(a)(4) of this title), subject to approval in appropriations Acts” for “program authorized under this chapter may be paid out of appropriated funds”.
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. 90448, set out as a note under section 4001 of this title.
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# 42 U.S.C. § 4127 - Authorization of appropriations; availability
## Text
(a) There are hereby authorized to be appropriated such sums as may from time to time be necessary to carry out this chapter, including sums—
(1) to cover administrative expenses authorized under section 4126 of this title;
(2) to reimburse the National Flood Insurance Fund established under section 4017 of this title for—
(A) premium equalization payments under section 4054 of this title which have been made from such fund; and
(B) reinsurance claims paid under the excess loss reinsurance coverage provided under section 4055 of this title; and
(3) to make such other payments as may be necessary to carry out the purposes of this chapter.
(b) All such funds shall be available without fiscal year limitation.
(c) There are authorized to be appropriated such sums as may be necessary through the date specified in section 4026 of this title, for studies under this chapter.
(Pub. L. 90448, title XIII, § 1376, Aug. 1, 1968, 82 Stat. 589; Pub. L. 94375, § 14(c), Aug. 3, 1976, 90 Stat. 1075; Pub. L. 95128, title VII, § 702, Oct. 12, 1977, 91 Stat. 1144; Pub. L. 95557, title III, § 309, Oct. 31, 1978, 92 Stat. 2098; Pub. L. 96153, title VI, § 602(c), Dec. 21, 1979, 93 Stat. 1137; Pub. L. 96399, title III, § 304, Oct. 8, 1980, 94 Stat. 1639; Pub. L. 9735, title III, § 341(a), Aug. 13, 1981, 95 Stat. 418; Pub. L. 98181, title I [title IV, § 451(c)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 100242, title V, § 543, Feb. 5, 1988, 101 Stat. 1940; Pub. L. 101137, § 4, Nov. 3, 1989, 103 Stat. 825; Pub. L. 104204, title III, Sept. 26, 1996, 110 Stat. 2915; Pub. L. 10565, title III, Oct. 27, 1997, 111 Stat. 1377; Pub. L. 105276, title III, Oct. 21, 1998, 112 Stat. 2503; Pub. L. 10674, title III, Oct. 20, 1999, 113 Stat. 1088; Pub. L. 106377, § 1(a)(1) [title III], Oct. 27, 2000, 114 Stat. 1441, 1441A47; Pub. L. 10773, title III, Nov. 26, 2001, 115 Stat. 689; Pub. L. 1083, § 2(a)(4), Jan. 13, 2003, 117 Stat. 7; Pub. L. 108171, § 2(a)(4), Dec. 6, 2003, 117 Stat. 2064; Pub. L. 108199, div. H, § 136(a)(4), Jan. 23, 2004, 118 Stat. 442; Pub. L. 108264, title I, § 101(d), June 30, 2004, 118 Stat. 714.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsecs. (a) and (c), was in the original a reference to “this title” meaning title XIII of Pub. L. 90448, 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.
Amendments2004—Subsec. (c). Pub. L. 108264 substituted “through the date specified in section 4026 of this title, for studies under this chapter.” for “through the date specified in section 4026 of this title, for studies under this chapter. Any amount appropriated under this subsection shall remain available until expended.” Pub. L. 108199 made amendment identical to that made by Pub. L. 108171. See 2003 Amendment note below. 2003—Subsec. (c). Pub. L. 108171 substituted “the date specified in section 4026 of this title” for “December 31, 2003”. Pub. L. 1083 substituted “December 31, 2003” for “December 31, 2002”. 2001—Subsec. (c). Pub. L. 10773 substituted “2002” for “2001”. 2000—Subsec. (c). Pub. L. 106377 substituted “December 31, 2001” for “September 30, 2000”. 1999—Subsec. (c). Pub. L. 10674 substituted “2000” for “1999”. 1998—Subsec. (c). Pub. L. 105276 substituted “1999” for “1998”. 1997—Subsec. (c). Pub. L. 10565 substituted “such sums as may be necessary through September 30, 1998, for studies under this chapter” for “for studies under this chapter not to exceed $36,283,000 for fiscal year 1990, and such sums as may be necessary for fiscal year 1991”. 1996—Subsec. (c). Pub. L. 104204, which directed amendment of first sentence by substituting “such sums as may be necessary through September 30, 1997 for studies under this chapter.” for “this subsection” and all that follows, could not be executed because phrase “this subsection” does not appear in first sentence. 1989—Subsec. (c). Pub. L. 101137 substituted provisions authorizing appropriations of not to exceed $36,283,000 for fiscal year 1990 and such sums as may be necessary for fiscal year 1991 for provisions authorizing appropriations of $37,000,000 for fiscal year 1988, and $37,000,000 for fiscal year 1989. 1988—Subsec. (c). Pub. L. 100242 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “There are authorized to be appropriated for studies under this chapter not to exceed $100,000,000 for the fiscal year 1977, not to exceed $108,000,000 for the fiscal year 1978, not to exceed $114,000,000 for the fiscal year 1979, not to exceed $74,000,000 for the fiscal year 1980, not to exceed $61,600,000 for the fiscal year 1981, not to exceed $42,600,000 for the fiscal year 1982, not to exceed $49,752,000 for the fiscal year 1984, and such sums as may be necessary for fiscal year 1985.” 1983—Subsec. (c). Pub. L. 98181 inserted “not to exceed $49,752,000 for the fiscal year 1984, and such sums as may be necessary for fiscal year 1985”. 1981—Subsec. (c). Pub. L. 9735 authorized appropriation of not to exceed $42,600,000 for fiscal year 1982. 1980—Subsec. (c). Pub. L. 96399 authorized appropriation of not to exceed $61,600,000 for fiscal year 1981. 1979—Subsec. (c). Pub. L. 96153 authorized appropriation of $74,000,000 for fiscal year 1980. 1978—Subsec. (c). Pub. L. 95557 substituted “not to exceed $108,000,000 for the fiscal year 1978, and not to exceed $114,000,000 for the fiscal year 1979” for “and not to exceed $108,000,000 for the fiscal year 1978”. 1977—Subsec. (c). Pub. L. 95128 authorized appropriation of $108,000,000 for fiscal year 1978. 1976—Subsec. (c). Pub. L. 94375 added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 AmendmentAmendment by Pub. L. 108199 considered to have taken effect on Dec. 31, 2003, see section 136(b) of div. H of Pub. L. 108199, set out as a note under section 4016 of this title.
Effective Date of 2003 AmendmentsAmendment by Pub. L. 108171 effective Dec. 31, 2003, see section 2(b) of Pub. L. 108171, set out as a note under section 4016 of this title. Amendment by Pub. L. 1083 effective Dec. 31, 2002, see section 2(b) of Pub. L. 1083, set out as a note under section 4016 of this title.
Effective Date of 1981 AmendmentAmendment by Pub. L. 9735 effective Oct. 1, 1981, see section 371 of Pub. L. 9735, set out as an Effective Date note under section 3701 of Title 12, Banks and Banking.
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. 90448, set out as a note under section 4001 of this title.
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# 42 U.S.C. § 4128 - Rules and regulations
## Text
(a) The Administrator is authorized to issue such regulations as may be necessary to carry out the purpose of this Act.
(b) The head of each Federal agency that administers a program of financial assistance relating to the acquisition, construction, reconstruction, repair, or improvement of publicly or privately owned land or facilities, and each Federal instrumentality responsible for the supervision, approval, regulation, or insuring of banks, savings and loan associations, or similar institutions, shall, in cooperation with the Administrator, issue appropriate rules and regulations to govern the carrying out of the agencys responsibilities under this Act.
(Pub. L. 93234, title II, § 205, Dec. 31, 1973, 87 Stat. 983; Pub. L. 98181, title I [title IV, § 451(e)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 112141, div. F, title II, § 100238(a)(1), July 6, 2012, 126 Stat. 958.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, means Pub. L. 93234, Dec. 31, 1973, 87 Stat. 975, known as the Flood Disaster Protection Act of 1973. For complete classification of this Act to the Code, see Short Title of 1973 Amendment note set out under section 4001 of this title and Tables.
Codification Section was enacted as part of the Flood Disaster Protection Act of 1973, and not as part of the National Flood Insurance Act of 1968 which comprises this chapter.
Amendments2012—Pub. L. 112141 substituted “Administrator” for “Director” in subsecs (a) and (b). 1983—Pub. L. 98181 substituted “Director” for “Secretary” in subsecs. (a) and (b).
Statutory Notes and Related Subsidiaries
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.
Executive Documents
Floodplain ManagementFor provisions relating to the reduction of the risk of flood loss, the minimization of the impact of floods on human safety, health and welfare, and the management of floodplains, see Ex. Ord. No. 11988, May 24, 1977, 42 F.R. 26951, set out as a note under section 4321 of this title.
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# 42 U.S.C. § 4129 - Federal Insurance Administrator; establishment of position
## Text
There is hereby established in the Federal Emergency Management Agency the position of Federal Insurance Administrator.
(Pub. L. 90448, title XI, § 1105(a), Aug. 1, 1968, 82 Stat. 567; Pub. L. 96153, title VI, § 603(a), Dec. 21, 1979, 93 Stat. 1138.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 3533a of this title. Section was enacted as part of the Urban Property Protection and Reinsurance Act of 1968 and also as part of the Housing and Urban Development Act of 1968, and not as part of the National Flood Insurance Act of 1968 which comprises this chapter.
Amendments1979—Pub. L. 96153 substituted “Federal Emergency Management Agency” for “Department of Housing and Urban Development”.
Statutory Notes and Related Subsidiaries
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.
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# 42 U.S.C. § 4130 - No cause of action
## Text
No cause of action shall exist and no claim may be brought against the United States for violation of any notification requirement imposed upon the United States by this subtitle or any amendment made by this subtitle.
(Pub. L. 112141, div. F, title II, § 100249, July 6, 2012, 126 Stat. 969.)
## Notes
Editorial Notes
References in TextThis subtitle, referred to in text, is subtitle A (§§ 100201100249) of title II of div. F of Pub. L. 112141, known as the Biggert-Waters Flood Insurance Reform Act of 2012. For complete classification of this subtitle to the Code, see Short Title of 2012 Amendment note set out under section 4001 of this title and Tables.
Codification Section was enacted as part of the Biggert-Waters Flood Insurance Reform Act of 2012, and also as part of the Moving Ahead for Progress in the 21st Century Act, also known as the MAP21, and not as part of the National Flood Insurance Act of 1968 which comprises this chapter.
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# 42 U.S.C. § 4131 - Levee certifications
## Text
(a) Implementation of Flood Protection Structure Accreditation Task Force In carrying out section 100226 of Public Law 112141 (42 U.S.C. 4101 note; 126 Stat. 942), the Secretary shall—
(1) ensure that at least 1 program activity carried out for levee systems under the levee safety and dam safety programs of the Corps of Engineers provides adequate information to the Secretary to reach a levee accreditation decision under section 65.10 of title 44, Code of Federal Regulations (or successor regulation);
(2) to the maximum extent practicable, carry out the activities referred to in paragraph (1) in alignment with the schedule established for the national flood insurance program established under chapter I of the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.); and
(3) in the case of a levee system that is operated and maintained by the Corps of Engineers, to the maximum extent practicable, cooperate with local governments seeking a levee accreditation decision for the levee to provide information necessary to support the accreditation decision in a timely manner.
(b) Accelerated levee system evaluations (1) In general On receipt of a request from a non-Federal interest, the Secretary may carry out a levee system evaluation of a federally authorized levee for purposes of the national flood insurance program established under chapter 1 11 So in original. Probably should be “chapter I”. of the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.) if the evaluation will be carried out earlier than such an evaluation would be carried out under subsection (a).
(2) Requirements A levee system evaluation under paragraph (1) shall—
(A) at a minimum, comply with section 65.10 of title 44, Code of Federal Regulations (as in effect on June 10, 2014); and
(B) be carried out in accordance with such procedures as the Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, may establish.
(3) Funding (A) In general The Secretary may use amounts made available under section 1962d16 of this title to carry out this subsection.
(B) Cost share The Secretary shall apply the cost share under section 1962d16(b) of this title to any activities carried out under this subsection.
(C) Contributed funds Notwithstanding subparagraph (B), a non-Federal interest may fund up to 100 percent of the cost of any activity carried out under this subsection.
(Pub. L. 113121, title III, § 3014, June 10, 2014, 128 Stat. 1287; Pub. L. 116260, div. AA, title I, § 142(b), Dec. 27, 2020, 134 Stat. 2653.)
## Notes
Editorial Notes
References in TextThe National Flood Insurance Act of 1968, referred to in subsecs. (a)(2) and (b)(1), is title XIII of Pub. L. 90448, Aug. 1, 1968, 82 Stat. 572, which is classified principally to this chapter. Chapter I of the Act is classified principally to subchapter I (§ 4011 et seq.) of 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.
Codification Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the National Flood Insurance Act of 1968 which comprises this chapter.
Amendments2020—Subsec. (a)(1). Pub. L. 116260, § 142(b)(1)(A), substituted “for levee systems under the levee safety and dam safety programs” for “under the inspection of completed works program” and struck out “and” at end. Subsec. (a)(2). Pub. L. 116260, § 142(b)(1)(B), substituted “the activities referred to in paragraph (1)” for “activities under the inspection of completed works program of the Corps of Engineers”, “chapter I” for “chapter 1”, and “; and” for period at end. Subsec. (a)(3). Pub. L. 116260, § 142(b)(1)(C), added par. (3). Subsec. (b)(3)(C). Pub. L. 116260, § 142(b)(2), added subpar. (C).
Statutory Notes and Related Subsidiaries
Definition of “Secretary” Secretary means the Secretary of the Army, see section 2 of Pub. L. 113121, set out as a note under section 2201 of Title 33, Navigation and Navigable Waters.