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US (United States) Code. Title 42. Chapter 50: National flood insurance

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-CITE-

42 USC CHAPTER 50 - NATIONAL FLOOD INSURANCE 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

-HEAD-

CHAPTER 50 - NATIONAL FLOOD INSURANCE

-MISC1-

Sec.

4001. Congressional findings and declaration of purpose.

(a) Necessity and reasons for flood insurance

program.

(b) Participation of Federal Government in flood

insurance program carried out by private

insurance industry.

management.

(d) Authorization of flood insurance program;

flexibility in program.

(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.

(f) Mudslides.

4002. Additional Congressional findings and declaration of

purpose.

4003. Additional definitions.

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

4011. Authorization to establish and carry out program.

(a) Authorization and establishment.

(b) Additional coverage for compliance with land

use and control measures.

4012. Scope of program and priorities.

(a) Priority for insurance for certain residential

and church properties and business concerns.

(b) Availability of insurance for other properties.

evidencing positive interest in securing

insurance and assuring adoption of adequate

land use and control measures.

4012a. Flood insurance purchase and compliance requirements

and escrow accounts.

(a) Amount and term of coverage.

(b) Requirement for mortgage loans.

(d) Escrow of flood insurance payments.

(e) Placement of flood insurance by lender.

(f) Civil monetary penalties for failure to require

flood insurance or notify.

(g) Other actions to remedy pattern of

noncompliance.

(h) Fee for determining location.

4013. Nature and limitation of insurance coverage.

(a) Regulations respecting general terms and

conditions of insurability.

(b) Regulations respecting amount of coverage.

4014. Estimates of premium rates.

(a) Studies and investigations.

(b) Utilization of services of other Departments

and agencies.

States or areas evidencing positive interest

in securing insurance under program.

(d) Parishes of Louisiana; premium rates.

(e) Eligibility of community making adequate

progress on construction of flood protection

system for rates not exceeding those

applicable to completed flood protection

system; determination of adequate progress.

(f) Availability of flood insurance in communities

restoring disaccredited flood protection

systems; criteria; rates.

4015. Chargeable premium rates.

(a) Establishment; terms and conditions.

(b) Considerations for rates.

or substantial improvement of which has been

started after December 31, 1974, or effective

date of initial rate map published for area in

which property is located, whichever is later.

(d) Payment of certain sums to Director; deposits

in Fund.

(e) Annual limitation on premium increases.

4016. Financing provisions; issuance of notes or other

obligations; limitation; report to Congressional

committees; deposits in Fund.

4017. National Flood Insurance Fund.

(a) Establishment; availability.

(b) Credits to Fund.

guaranteed by United States.

(d) Availability of Fund if operation of program is

carried out through facilities of Federal

Government.

(e) Annual budget.

(f) Availability of funds dependent on future

appropriations acts.

4018. Operating costs and allowances; definitions.

4019. Payment of claims.

4020. Dissemination of flood insurance information.

4021. Repealed.

4022. State and local land use controls.

(a) Requirement for participation in flood

insurance program.

(b) Community rating system and incentives for

community floodplain management.

4023. Properties in violation of State and local law.

4024. Coordination with other programs.

4025. Flood insurance advisory committee.

(a) Appointment; duties.

(b) Membership.

4026. Expiration of program.

4027. Biennial report to President.

(a) In general.

(b) Effects of flood insurance program.

4028. John H. Chafee Coastal Barrier Resources System.

4029. Colorado River Floodway.

(a) Renewal and transfer of policies; acquisition

of policies after filing of maps.

(b) New coverage for new construction or

substantial improvements.

(d) Loans by federally supervised, approved,

regulated, or insured financial institutions.

SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE

PROGRAM

4041. Implementation of program.

PART A - INDUSTRY PROGRAM WITH FEDERAL FINANCIAL ASSISTANCE

4051. Industry flood insurance pool; requirements for

participation.

4052. Agreements with flood insurance pool.

(a) Authorization.

(b) Terms and conditions.

4053. Adjustment and payment of claims; judicial review;

limitations; jurisdiction.

4054. Premium equalization payments; basis; aggregate

amount; establishment of designated periods.

4055. Reinsurance coverage.

(a) Availability for excess losses.

(b) Availability pursuant to contract, agreement,

or other arrangement; payment of premium, fee,

or other charge.

(d) Submission of excess losses on portfolio basis.

4056. Emergency implementation of flood insurance program;

applicability of other provisions of law.

PART B - GOVERNMENT PROGRAM WITH INDUSTRY ASSISTANCE

4071. Federal operation of program; determination by

Director; fiscal agents; report to Congress.

4072. Adjustment and payment of claims; judicial review;

limitations; jurisdiction.

PART C - GENERAL PROVISIONS

4081. Services by insurance industry; contracts, agreements,

or other arrangements.

4082. Use of insurance pool, companies, or other private

organizations for certain payments.

(a) Authorization to enter into contracts for

certain responsibilities.

(b) Terms and conditions of contract.

(d) Findings of Director.

(e) Bond; liability of certifying officers and

disbursing officers.

(f) Term of contract; renewals; termination.

4083. Settlement of claims; arbitration.

4084. Records and audits.

SUBCHAPTER III - COORDINATION OF FLOOD INSURANCE WITH

LAND-MANAGEMENT PROGRAMS IN FLOOD-PRONE AREAS

4101. Identification of flood-prone areas.

(a) Publication of information; establishment of

flood-risk zones; estimates of flood-caused

loss.

(b) Accelerated identification of flood-risk zones;

authority of Director: grants, technical

assistance, transactions, and payments.

available resources for identification and

mapping of flood hazard areas and flood-risk

zones.

(d) Plan for bringing communities with flood-risk

zones into full program status.

(e) Review of flood maps.

(f) Updating flood maps.

(g) Availability of flood maps.

(h) Notification of flood map changes.

(i) Compendia of flood map changes.

(j) Provision of information.

4102. Criteria for land management and use.

(a) Studies and investigations.

(b) Extent of studies and investigations.

to encourage adoption of adequate State and

local measures.

4103. Repealed.

4104. Flood elevation determinations.

(a) Publication or notification of proposed flood

elevation determinations.

(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.

negativing or contradicting data to community;

opinion of community respecting justification

for appeal by community; transmission of

individual appeals to Director; filing of

community action with Director.

(d) Administrative review of appeals by private

persons; modification of proposed

determinations; decision of Director: form and

distribution.

(e) Administrative review of appeals by community;

agencies for resolution of conflicting data;

availability of flood insurance pending such

resolution; time for determination of

Director; 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.

(f) Reimbursement of certain expenses;

appropriation authorization.

(g) Judicial review of final administrative

determinations; venue; time for appeal; scope

of review; good cause for stay of final

determinations.

4104a. Notice requirements.

(a) Notification of special flood hazards.

(b) Notification of change of servicer.

4104b. Standard hazard determination forms.

(a) Development.

(b) Design and contents.

(d) Guarantees regarding information.

(e) Reliance on previous determination.

(f) Effective date.

4104c. Mitigation assistance.

(a) Authority.

(b) Planning assistance grants.

(d) Notification of approval and grant award.

(e) Eligible mitigation activities.

(f) Limitations on amount of assistance.

(g) Matching requirement.

(h) Oversight of mitigation plans.

(i) Recapture.

(j) Reports.

(k) "Community" defined.

4104d. National Flood Mitigation Fund.

(a) Establishment and availability.

(b) Credits.

(d) Report.

4105. Disaster mitigation requirements; notification to

flood-prone areas.

(a) Initial notification.

(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.

communities known to be flood prone areas.

(d) Provisions of section 4106 applicable to

flood-prone communities disqualified for flood

insurance program.

(e) Administrative procedures; establishment;

reimbursement of certain expenses;

appropriation authorization.

4106. Nonparticipation in flood insurance program.

(a) Prohibition against Federal approval of

financial assistance.

(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.

4107. Consultation with local officials; scope.

SUBCHAPTER IV - GENERAL PROVISIONS

4121. Definitions.

4122. Studies of other natural disasters; cooperation and

consultation with other departments and agencies.

4123. Advance payments.

4124. Applicability of fiscal controls.

4125. Finality of certain financial transactions.

4126. Administrative expenses.

4127. Authorization of appropriations; availability.

4128. Rules and regulations.

4129. Federal Insurance Administrator; establishment of

position.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 4012a, 4107, 5172 of this

title; title 16 section 3505; title 33 section 2318; title 43

section 1600k.

-End-

-CITE-

42 USC Sec. 4001 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

-HEAD-

Sec. 4001. Congressional findings and declaration of purpose

-STATUTE-

(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 Nation's 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.

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.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1302, Aug. 1, 1968, 82 Stat. 572;

Pub. L. 91-152, title IV, Sec. 409(a), Dec. 24, 1969, 83 Stat. 397;

Pub. L. 93-234, title I, Sec. 108(a), Dec. 31, 1973, 87 Stat. 979;

Pub. L. 103-325, title V, Sec. 552(d), Sept. 23, 1994, 108 Stat.

2269.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (d) to (f), is title XIII

of Pub. L. 90-448, Aug. 1, 1968, 82 Stat. 572, as amended, known as

the National Flood Insurance Act of 1968, which enacted this

chapter, amended section 2414 of this title, repealed sections 2401

to 2413 and 2415 to 2421 of this title, and enacted provisions set

out as a note below. For complete classification of this Act to the

Code, see Short Title note set out below and Tables.

-MISC1-

AMENDMENTS

1994 - Subsec. (g). Pub. L. 103-325 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. 93-234 added subsec. (g).

1969 - Subsec. (f). Pub. L. 91-152 added subsec. (f).

EFFECTIVE DATE

Section 1377 of title XIII of Pub. L. 90-448 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 1994 AMENDMENT

Section 501 of title V of Pub. L. 103-325 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 AMENDMENT

Pub. L. 93-234, Sec. 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 1709-1 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 TITLE

Section 1301 of title XIII of Pub. L. 90-448 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'."

REGULATIONS

Section 583 of title V of Pub. L. 103-325 provided that: "The

Director 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 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 sections 313(1), 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 HAZARDS

Section 577(a)-(g) of Pub. L. 103-325 provided that:

"(a) Report Requirement. - The Director of the Federal Emergency

Management Agency (in this section referred to as the 'Director')

shall submit a report under this section to the Congress that -

"(1) lists all communities that are likely to be identified as

having erosion hazard areas;

"(2) estimates the amount of flood insurance claims under the

national flood insurance program that are attributable to

erosion;

"(3) states the amount of flood insurance claims under such

program that are attributable to claims under section 1306(c) of

the National Flood Insurance Act of 1968 [42 U.S.C. 4013(c)];

"(4) assesses the full economic impact of erosion on the

National Flood Insurance Fund; and

"(5) determines the costs and benefits of expenditures

necessary from the National Flood Insurance Fund to complete

mapping of erosion hazard areas.

"(b) Estimate of Flood Claims. - In developing the estimate under

subsection (a)(2) -

"(1) the Director may map a statistically valid and

representative number of communities with erosion hazard areas

throughout the United States, including coastal, Great Lakes,

and, if technologically feasible, riverine areas; and

"(2) the Director shall take into consideration the efforts of

State and local governments to assess, measure, and reduce

erosion hazards.

"(c) Economic Impact. -

"(1) In general. - The assessment under subsection (a)(4) shall

assess the economic impact of -

"(A) erosion on communities listed pursuant to subsection

(a)(1);

"(B) the denial of flood insurance for all structures in

communities listed pursuant to subsection (a)(1);

"(C) the denial of flood insurance for structures that are

newly constructed in whole in communities listed pursuant to

subsection (a)(1);

"(D) the establishment of (i) actuarial rates for existing

structures in communities listed pursuant to subsection (a)(1),

and (ii) actuarial rates for such structures in connection with

the denial of flood insurance as described in subparagraph (C);

"(E) the establishment of actuarial rates for structures

newly constructed in whole in erosion hazard areas in

communities listed pursuant to subsection (a)(1);

"(F) the denial of flood insurance pursuant to existing

requirements for coverage under the national flood insurance

program;

"(G) erosion hazard assessment, measurement, and management

activities undertaken by State and local governments, including

building restrictions, beach nourishment, construction of sea

walls and levees, and other activities that reduce the risk of

damage due to erosion; and

"(H) the mapping and identifying of communities (or

subdivisions thereof) having erosion hazard areas.

"(2) Scope. - In assessing the economic impact of the

activities under subparagraphs (A) through (H) of paragraph (1),

the assessment under subsection (a)(4) shall address such impact

on all significant economic factors, including the impact on -

"(A) the value of residential and commercial properties in

communities with erosion hazards;

"(B) community tax revenues due to potential changes in

property values or commercial activity;

"(C) employment, including the potential loss or gain of

existing and new jobs in the community;

"(D) existing businesses and future economic development;

"(E) the estimated cost of Federal and State disaster

assistance to flood victims; and

"(F) the mapping and identifying of communities (or

subdivisions thereof) having erosion hazard areas.

"(3) Preparation. - The assessment required under subsection

(a)(4) shall be conducted by a private independent entity

selected by the Director. The private entity shall consult with a

statistically valid and representative number of communities

listed pursuant to subsection (a)(1) in conducting the

assessment.

"(d) Costs and Benefits of Mapping. - The determination under

subsection (a)(5) shall -

"(1) determine the costs and benefits of mapping erosion hazard

areas, based upon the Director's estimate of the actual and

prospective amount of flood insurance claims attributable to

erosion;

"(2) if the Director determines that the savings to the

National Flood Insurance Fund will exceed the cost of mapping

erosion hazard areas, further assess whether using flood

insurance premiums for costs of mapping erosion hazard areas is

cost-beneficial compared to alternative uses of such amounts,

including -

"(A) funding the mitigation assistance program under section

1366 of the National Flood Insurance Act of 1968 [42 U.S.C.

4104c] (as added by section 553 of this Act);

"(B) funding the program under section 1304(b) of the

National Flood Insurance Act of 1968 [42 U.S.C. 4011(b)] (as

added by section 555(a) of this Act) that provides additional

coverage under the national flood insurance program for

compliance with land use and control measures; and

"(C) reviewing, revising, and updating flood insurance rate

maps under subsections (e) and (f) of section 1360 of the

National Flood Insurance Act of 1968 [42 U.S.C. 4101(e), (f)]

(as added by the amendment made by section 575 of this Act);

"(3) if the Director determines under subsection (b)(1) that

mapping of riverine areas for erosion hazard areas is

technologically feasible, determine the costs and benefits of

conducting the mapping of erosion hazards in riverine areas (A)

separately from the mapping of other erosion hazard areas, and

(B) together with the mapping of other such areas;

"(4) if the Director determines that the savings to the

National Flood Insurance Fund will exceed the cost of mapping

erosion hazard areas in riverine areas, assess whether using

flood insurance premiums for costs of mapping erosion hazard

areas in riverine areas is cost-beneficial compared to

alternative uses of such amounts, including the uses under

subparagraphs (A) through (C) of paragraph (2); and

"(5) determine the costs and benefits of mapping erosion, other

than those directly related to the financial condition of the

National Flood Insurance Program, and the costs of not mapping

erosion.

"(e) Definition. - For purposes of this section, the term

'erosion hazard area' means, based on erosion rate information and

other historical data available, an area where erosion or avulsion

is likely to result in damage to or loss of buildings and

infrastructure within a 60-year period.

"(f) Consultation. - In preparing the report under this section,

the Director shall consult with -

"(1) representatives from State coastal zone management

programs approved under section 306 of the Coastal Zone

Management Act of 1972 [16 U.S.C. 1455];

"(2) the Administrator of the National Oceanic and Atmospheric

Administration; and

"(3) any other persons, officials, or entities that the

Director considers appropriate.

"(g) Submission. - The Director shall submit the report to the

Congress as soon as practicable, but not later than 2 years after

the date of enactment of this Act [Sept. 23, 1994]."

RELATION OF TITLE V OF PUB. L. 103-325 TO STATE AND LOCAL LAWS

Section 584 of title V of Pub. L. 103-325 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."

FLOODPLAIN MANAGEMENT

For 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.

-End-

-CITE-

42 USC Sec. 4002 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

-HEAD-

Sec. 4002. Additional Congressional findings and declaration of

purpose

-STATUTE-

(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.

-SOURCE-

(Pub. L. 93-234, Sec. 2, Dec. 31, 1973, 87 Stat. 975.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (b), means Pub. L. 93-234, Dec.

31, 1973, 87 Stat. 975, as amended, 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.

-COD-

CODIFICATION

Section was enacted as part of Flood Disaster Protection Act of

1973, and not as part of National Flood Insurance Act of 1968 which

comprises this chapter.

-End-

-CITE-

42 USC Sec. 4003 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

-HEAD-

Sec. 4003. Additional definitions

-STATUTE-

(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

Office of Thrift Supervision, 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) "Director" means the Director 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 Director 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.

-SOURCE-

(Pub. L. 93-234, Sec. 3, Dec. 31, 1973, 87 Stat. 976; Pub. L.

95-128, title VII, Sec. 703(b), Oct. 12, 1977, 91 Stat. 1145; Pub.

L. 98-181, title IV, Sec. 451(e), Nov. 30, 1983, 97 Stat. 1229;

Pub. L. 100-707, title I, Sec. 109(t), Nov. 23, 1988, 102 Stat.

4710; Pub. L. 103-325, title V, Sec. 511(a), Sept. 23, 1994, 108

Stat. 2255.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means Pub. L. 93-234, Dec. 31,

1973, 87 Stat. 975, as amended, 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. 93-288, May 22, 1974, 88 Stat. 143, as

amended, known as the Robert T. Stafford Disaster Relief and

Emergency Assistance Act, which is classified principally to

chapter 68 (Sec. 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.

-COD-

CODIFICATION

Section was enacted as part of Flood Disaster Protection Act of

1973, and not as part of National Flood Insurance Act of 1968 which

comprises this chapter.

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(5). Pub. L. 103-325, Sec. 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. 103-325, Sec. 511(a)(2), (3),

added pars. (7) to (11).

1988 - Subsec. (a)(4). Pub. L. 100-707 substituted "Disaster

Relief and Emergency Assistance Act" for "Disaster Relief Act of

1974".

1983 - Subsec. (a)(6). Pub. L. 98-181, Sec. 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. 98-181, Sec. 451(e)(1), substituted

"Director" for "Secretary".

1977 - Subsec. (a)(4). Pub. L. 95-128 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".

-TRANS-

TRANSFER OF FUNCTIONS

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 sections 313(1), 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.

-End-

-CITE-

42 USC SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE

PROGRAM 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 4041, 4051, 4056, 4071

of this title.

-End-

-CITE-

42 USC Sec. 4011 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

Sec. 4011. Authorization to establish and carry out program

-STATUTE-

(a) Authorization and establishment

To carry out the purposes of this chapter, the Director of the

Federal Emergency Management Agency is authorized to establish and

carry out a national flood insurance program which will enable

interested persons to purchase insurance against loss resulting

from physical damage to or loss of real property or personal

property related thereto arising from any flood occurring in the

United States.

(b) Additional coverage for compliance with land use and control

measures

The national flood insurance program established pursuant to

subsection (a) of this section shall enable the purchase of

insurance to cover the cost of compliance with land use and control

measures established under section 4102 of this title for -

(1) properties that are repetitive loss structures;

(2) properties that have flood damage in which the cost of

repairs equals or exceeds 50 percent of the value of the

structure at the time of the flood event; and

(3) properties that have sustained flood damage on multiple

occasions, if the Director determines that it is cost-effective

and in the best interests of the National Flood Insurance Fund to

require compliance with the land use and control measures.

The Director shall impose a surcharge on each insured of not more

than $75 per policy to provide cost of compliance coverage in

accordance with the provisions of this subsection.

In carrying out the flood insurance program the Director shall,

to the maximum extent practicable, encourage and arrange for -

(1) appropriate financial participation and risk sharing in the

program by insurance companies and other insurers, and

(2) other appropriate participation, on other than a

risk-sharing basis, by insurance companies and other insurers,

insurance agents and brokers, and insurance adjustment

organizations,

in accordance with the provisions of subchapter II of this chapter.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1304, Aug. 1, 1968, 82 Stat. 574;

Pub. L. 98-181, title IV, Sec. 451(d)(1), (2), Nov. 30, 1983, 97

Stat. 1229; Pub. L. 103-325, title V, Sec. 555(a), Sept. 23, 1994,

108 Stat. 2274.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), is title XIII of Pub.

L. 90-448, Aug. 1, 1968, 82 Stat. 572, as amended, known as the

National Flood Insurance Act of 1968, which enacted this chapter,

amended section 2414 of this title, repealed sections 2401 to 2413

and 2415 to 2421 of this title, and enacted provisions set out as a

note under section 4001 of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

4001 of this title and Tables.

-MISC1-

AMENDMENTS

1994 - Subsecs. (b), (c). Pub. L. 103-325 added subsec. (b) and

redesignated former subsec. (b) as (c).

1983 - Subsec. (a). Pub. L. 98-181, Sec. 451(d)(2), substituted

"Director of the Federal Emergency Management Agency" for

"Secretary of Housing and Urban Development".

Subsec. (b). Pub. L. 98-181, Sec. 451(d)(1), substituted

"Director" for "Secretary".

EFFECTIVE DATE OF 1994 AMENDMENT

Section 555(b) of Pub. L. 103-325 provided that: "The provisions

of subsection (a) [amending this section] shall apply only to

properties that sustain flood-related damage after the date of

enactment of this Act [Sept. 23, 1994]."

-TRANS-

TRANSFER OF FUNCTIONS

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 sections 313(1), 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.

-MISC2-

FLOOD INSURANCE INTERAGENCY TASK FORCE

Section 561 of Pub. L. 103-325 provided that:

"(a) Establishment. - There is hereby established an interagency

task force to be known as the Flood Insurance Task Force (in this

section referred to as the 'Task Force').

"(b) Membership. -

"(1) In general. - The Task Force shall be composed of 10

members, who shall be the designees of -

"(A) the Federal Insurance Administrator;

"(B) the Federal Housing Commissioner;

"(C) the Secretary of Veterans Affairs;

"(D) the Administrator of the Farmers Home Administration;

"(E) the Administrator of the Small Business Administration;

"(F) the Chairman of the Board of Directors of the Farm

Credit Administration;

"(G) a designee of the Financial Institutions Examination

Council;

"(H) the Director of the Office of Federal Housing Enterprise

Oversight;

"(I) the chairman of the Board of Directors of the Federal

Home Loan Mortgage Corporation; and

"(J) the chairman of the Board of Directors of the Federal

National Mortgage Association.

"(2) Qualifications. - Members of the Task Force shall be

designated for membership on the Task Force by reason of

demonstrated knowledge and competence regarding the national

flood insurance program.

"(c) Duties. - The Task Force shall carry out the following

duties:

"(1) Recommendations of standardized enforcement procedures. -

Make recommendations to the head of each Federal agency and

enterprise referred to under subsection (b)(1) regarding

establishment or adoption of standardized enforcement procedures

among such agencies and corporations responsible for enforcing

compliance with the requirements under the national flood

insurance program to ensure fullest possible compliance with such

requirements.

"(2) Study of compliance assistance. - Conduct a study of the

extent to which Federal agencies and the secondary mortgage

market can provide assistance in ensuring compliance with the

requirements under the national flood insurance program and

submit to the Congress a report describing the study and any

conclusions.

"(3) Study of compliance model. - Conduct a study of the extent

to which existing programs of Federal agencies and corporations

for compliance with the requirements under the national flood

insurance program can serve as a model for other Federal agencies

responsible for enforcing compliance, and submit to the Congress

a report describing the study and any conclusions.

"(4) Recommendations for enforcement and compliance procedures.

- Develop recommendations regarding enforcement and compliance

procedures, based on the studies and findings of the Task Force,

and publish such recommendations.

"(5) Study of determination fees. - Conduct a study of -

"(A) the reasonableness of fees charged pursuant to 102(h) of

the Flood Disaster Protection Act of 1973 [42 U.S.C. 4012a(h)]

for costs of determining whether the property securing a loan

is located in an area having special flood hazards; and

"(B) whether the fees charged pursuant to such section by

lenders and servicers are greater than the amounts paid by such

lenders and servicers to persons actually conducting such

determinations and the extent to which the fees exceed such

amounts.

"(d) Noncompensation. - Members of the Task Force shall receive

no additional pay by reason of their service on the Task Force.

"(e) Chairperson. - The members of the Task Force shall elect one

member as chairperson of the Task Force.

"(f) Meetings and Action. - The Task Force shall meet at the call

of the chairman or a majority of the members of the Task Force and

may take action by a vote of the majority of the members. The

Federal Insurance Administrator shall coordinate and call the

initial meeting of the Task Force.

"(g) Officers. - The chairperson of the Task Force may appoint

any officers to carry out the duties of the Task Force under

subsection (c).

"(h) Staff of Federal Agencies. - Upon request of the chairperson

of the Task Force, the head of any of the Federal agencies and

entities referred to under subsection (b)(1) may detail, on a

nonreimbursable basis, any of the personnel of such agency to the

Task Force to assist the Task Force in carrying out its duties

under this section.

"(i) Powers. - In carrying out this section, the Task Force may

hold hearings, sit and act at times and places, take testimony,

receive evidence and assistance, provide information, and conduct

research as the Task Force considers appropriate.

"(j) Termination. - The Task Force shall terminate upon the

expiration of the 24-month period beginning upon the designation of

the last member to be designated under subsection (b)(1)."

-End-

-CITE-

42 USC Sec. 4012 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

Sec. 4012. Scope of program and priorities

-STATUTE-

(a) Priority for insurance for certain residential and church

properties and business concerns

In carrying out the flood insurance program the Director 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 Director 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,

(B) other business 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.

positive interest in securing insurance and assuring adoption of

adequate land use and control measures

The Director 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.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1305, Aug. 1, 1968, 82 Stat. 574;

Pub. L. 91-152, title IV, Sec. 410(a), Dec. 24, 1969, 83 Stat. 397;

Pub. L. 92-213, Sec. 2(c)(1), Dec. 22, 1971, 85 Stat. 775; Pub. L.

98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat. 1229.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-181 substituted "Director" for "Secretary"

wherever appearing.

1971 - Subsec. (a). Pub. L. 92-213 inserted reference to church

properties.

1969 - Subsec. (c)(2). Pub. L. 91-152 substituted "December 31,

1971, adequate" for "June 30, 1970, permanent".

-TRANS-

TRANSFER OF FUNCTIONS

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 sections 313(1), 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4013 to 4015 of this

title.

-End-

-CITE-

42 USC Sec. 4012a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

Sec. 4012a. Flood insurance purchase and compliance requirements

and escrow accounts

-STATUTE-

(a) Amount and term of coverage

After the expiration of sixty days following December 31, 1973,

no Federal officer or agency shall approve any financial assistance

for acquisition or construction purposes for use in any area that

has been identified by the Director as an area having special flood

hazards and in which the sale of flood insurance has been made

available under the National Flood Insurance Act of 1968 [42 U.S.C.

4001 et seq.], unless the building or mobile home and any personal

property to which such financial assistance relates is covered by

flood insurance in an amount at least equal to its development or

project cost (less estimated land cost) or to the maximum limit of

coverage made available with respect to the particular type of

property under the National Flood Insurance Act of 1968, whichever

is less: Provided, That if the financial assistance provided is in

the form of a loan or an insurance or guaranty of a loan, the

amount of flood insurance required need not exceed the outstanding

principal balance of the loan and need not be required beyond the

term of the loan. The requirement of maintaining flood insurance

shall apply during the life of the property, regardless of transfer

of ownership of such property.

(b) Requirement for mortgage loans

(1) Regulated lending institutions

Each Federal entity for lending regulation (after consultation

and coordination with the Financial Institutions Examination

Council established under the Federal Financial Institutions

Examination Council Act of 1974 [12 U.S.C. 3301 et seq.]) shall

by regulation direct regulated lending institutions not to make,

increase, extend, or renew 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 as an area having special

flood hazards and in which flood insurance has been made

available under the National Flood Insurance Act of 1968 [42

U.S.C. 4001 et seq.], unless the building or mobile home and any

personal property securing such loan is covered for the term of

the loan by flood insurance in an amount at least equal to the

outstanding principal balance of the loan or the maximum limit of

coverage made available under the Act with respect to the

particular type of property, whichever is less.

(2) Federal agency lenders

A Federal agency lender may not make, increase, extend, or

renew 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 as an area having special flood hazards and in which

flood insurance has been made available under the National Flood

Insurance Act of 1968, unless the building or mobile home and any

personal property securing such loan is covered for the term of

the loan by flood insurance in the amount provided in paragraph

(1). Each Federal agency lender shall issue any regulations

necessary to carry out this paragraph. Such regulations shall be

consistent with and substantially identical to the regulations

issued under paragraph (1).

(3) Government-sponsored enterprises for housing

The Federal National Mortgage Association and the Federal Home

Loan Mortgage Corporation shall implement procedures reasonably

designed to ensure that, for any loan that is -

(A) secured by improved real estate or a mobile home located

in an area that has been identified, at the time of the

origination of the loan or at any time during the term of the

loan, by the Director as an area having special flood hazards

and in which flood insurance is available under the National

Flood Insurance Act of 1968, and

(B) purchased by such entity,

the building or mobile home and any personal property securing

the loan is covered for the term of the loan by flood insurance

in the amount provided in paragraph (1).

(4) Applicability

(A) Existing coverage

Except as provided in subparagraph (B), paragraph (1) shall

apply on September 23, 1994.

(B) New coverage

Paragraphs (2) and (3) shall apply only with respect to any

loan made, increased, extended, or renewed after the expiration

of the 1-year period beginning on September 23, 1994. Paragraph

(1) shall apply with respect to any loan made, increased,

extended, or renewed by any lender supervised by the Farm

Credit Administration only after the expiration of the period

under this subparagraph.

Notwithstanding any other provision of this subsection, the

regulations to carry out paragraph (1), as in effect

immediately before September 23, 1994, shall continue to apply

until the regulations issued to carry out paragraph (1) as

amended by section 522(a) of Public Law 103-325 take effect.

(1) State-owned property

Notwithstanding the other provisions of this section, flood

insurance shall not be required on any State-owned property that

is covered under an adequate State policy of self-insurance

satisfactory to the Director. The Director shall publish and

periodically revise the list of States to which this subsection

applies.

(2) Small loans

Notwithstanding any other provision of this section,

subsections (a) and (b) of this section shall not apply to any

loan having -

(A) an original outstanding principal balance of $5,000 or

less; and

(B) a repayment term of 1 year or less.

(d) Escrow of flood insurance payments

(1) Regulated lending institutions

Each Federal entity for lending regulation (after consultation

and coordination with the Financial Institutions Examination

Council) shall by regulation require that, if a regulated lending

institution requires the escrowing of taxes, insurance premiums,

fees, or any other charges for a loan secured by residential

improved real estate or a mobile home, then all premiums and fees

for flood insurance under the National Flood Insurance Act of

1968 [42 U.S.C. 4001 et seq.] for the real estate or mobile home

shall be paid to the regulated lending institution or other

servicer for the loan in a manner sufficient to make payments as

due for the duration of the loan. Upon receipt of the premiums,

the regulated lending institution or servicer of the loan shall

deposit the premiums in an escrow account on behalf of the

borrower. Upon receipt of a notice from the Director or the

provider of the insurance that insurance premiums are due, the

regulated lending institution or servicer shall pay from the

escrow account to the provider of the insurance the amount of

insurance premiums owed.

(2) Federal agency lenders

Each Federal agency lender shall by regulation require and

provide for escrow and payment of any flood insurance premiums

and fees relating to residential improved real estate and mobile

homes securing loans made by the Federal agency lender under the

circumstances and in the manner provided under paragraph (1). Any

regulations issued under this paragraph shall be consistent with

and substantially identical to the regulations issued under

paragraph (1).

(3) Applicability of RESPA

Escrow accounts established pursuant to this subsection shall

be subject to the provisions of section 10 of the Real Estate

Settlement Procedures Act of 1974 [12 U.S.C. 2609].

(4) "Residential improved real estate" defined

For purposes of this subsection, the term "residential improved

real estate" means improved real estate for which the improvement

is a residential building.

(5) Applicability

This subsection shall apply only with respect to any loan made,

increased, extended, or renewed after the expiration of the

1-year period beginning on September 23, 1994.

(e) Placement of flood insurance by lender

(1) Notification to borrower of lack of coverage

If, at the time of origination or at any time during the term

of a loan secured by improved real estate or by a mobile home

located in an area that has been identified by the Director (at

the time of the origination of the loan or at any time during the

term of the loan) as an area having special flood hazards and in

which flood insurance is available under the National Flood

Insurance Act of 1968 [42 U.S.C. 4001 et seq.], the lender or

servicer for the loan determines that the building or mobile home

and any personal property securing the loan is not covered by

flood insurance or is covered by such insurance in an amount less

than the amount required for the property pursuant to paragraph

(1), (2), or (3) of subsection (b) of this section, the lender or

servicer shall notify the borrower under the loan that the

borrower should obtain, at the borrower's expense, an amount of

flood insurance for the building or mobile home and such personal

property that is not less than the amount under subsection (b)(1)

of this section, for the term of the loan.

(2) Purchase of coverage on behalf of borrower

If the borrower fails to purchase such flood insurance within

45 days after notification under paragraph (1), the lender or

servicer for the loan shall purchase the insurance on behalf of

the borrower and may charge the borrower for the cost of premiums

and fees incurred by the lender or servicer for the loan in

purchasing the insurance.

(3) Review of determination regarding required purchase

(A) In general

The borrower and lender for a loan secured by improved real

estate or a mobile home may jointly request the Director to

review a determination of whether the building or mobile home

is located in an area having special flood hazards. Such

request shall be supported by technical information relating to

the improved real estate or mobile home. Not later than 45 days

after the Director receives the request, the Director shall

review the determination and provide to the borrower and the

lender with a letter stating whether or not the building or

mobile home is in an area having special flood hazards. The

determination of the Director shall be final.

(B) Effect of determination

Any person to whom a borrower provides a letter issued by the

Director pursuant to subparagraph (A), stating that the

building or mobile home securing the loan of the borrower is

not in an area having special flood hazards, shall have no

obligation under this title (!1) to require the purchase of

flood insurance for such building or mobile home during the

period determined by the Director, which shall be specified in

the letter and shall begin on the date on which such letter is

provided.

If a request under subparagraph (A) is made in connection

with the origination of a loan and the Director fails to

provide a letter under subparagraph (A) before the later of (i)

the expiration of the 45-day period under such subparagraph, or

(ii) the closing of the loan, no person shall have an

obligation under this title (!1) to require the purchase of

flood insurance for the building or mobile home securing the

loan until such letter is provided.

(4) Applicability

This subsection shall apply to all loans outstanding on or

after September 23, 1994.

(f) Civil monetary penalties for failure to require flood insurance

or notify

(1) Civil monetary penalties against regulated lenders

Any regulated lending institution that is found to have a

pattern or practice of committing violations under paragraph (2)

shall be assessed a civil penalty by the appropriate Federal

entity for lending regulation in the amount provided under

paragraph (5).

(2) Lender violations

The violations referred to in paragraph (1) shall include -

(A) making, increasing, extending, or renewing loans in

violation of -

(i) the regulations issued pursuant to subsection (b) of

this section;

(ii) the escrow requirements under subsection (d) of this

section; or

(iii) the notice requirements under section 1364 of the

National Flood Insurance Act of 1968 [42 U.S.C. 4104a]; or

(B) failure to provide notice or purchase flood insurance

coverage in violation of subsection (e) of this section.

(3) Civil monetary penalties against GSE's

(A) In general

If the Federal National Mortgage Association or the Federal

Home Loan Mortgage Corporation is found by the Director of the

Office of Federal Housing Enterprise Oversight of the

Department of Housing and Urban Development to have a pattern

or practice of purchasing loans in violation of the procedures

established pursuant to subsection (b)(3) of this section, the

Director of such Office shall assess a civil penalty against

such enterprise in the amount provided under paragraph (5) of

this subsection.

(B) "Enterprise" defined

For purposes of this subsection, the term "enterprise" means

the Federal National Mortgage Association or the Federal Home

Loan Mortgage Corporation.

(4) Notice and hearing

A penalty under this subsection may be issued only after notice

and an opportunity for a hearing on the record.

(5) Amount

A civil monetary penalty under this subsection may not exceed

$350 for each violation under paragraph (2) or paragraph (3). The

total amount of penalties assessed under this subsection against

any single regulated lending institution or enterprise during any

calendar year may not exceed $100,000.

(6) Lender compliance

Notwithstanding any State or local law, for purposes of this

subsection, any regulated lending institution that purchases

flood insurance or renews a contract for flood insurance on

behalf of or as an agent of a borrower of a loan for which flood

insurance is required shall be considered to have complied with

the regulations issued under subsection (b) of this section.

(7) Effect of transfer on liability

Any sale or other transfer of a loan by a regulated lending

institution that has committed a violation under paragraph (1),

that occurs subsequent to the violation, shall not affect the

liability of the transferring lender with respect to any penalty

under this subsection. A lender shall not be liable for any

violations relating to a loan committed by another regulated

lending institution that previously held the loan.

(8) Deposit of penalties

Any penalties collected under this subsection shall be paid

into the National Flood Mitigation Fund under section 1367 of the

National Flood Insurance Act of 1968 [42 U.S.C. 4104d].

(9) Additional penalties

Any penalty under this subsection shall be in addition to any

civil remedy or criminal penalty otherwise available.

(10) Statute of limitations

No penalty may be imposed under this subsection after the

expiration of the 4-year period beginning on the date of the

occurrence of the violation for which the penalty is authorized

under this subsection.

(g) Other actions to remedy pattern of noncompliance

(1) Authority of Federal entities for lending regulation

A Federal entity for lending regulation may require a regulated

lending institution to take such remedial actions as are

necessary to ensure that the regulated lending institution

complies with the requirements of the national flood insurance

program if the Federal agency for lending regulation makes a

determination under paragraph (2) regarding the regulated lending

institution.

(2) Determination of violations

A determination under this paragraph shall be a finding that -

(A) the regulated lending institution has engaged in a

pattern and practice of noncompliance in violation of the

regulations issued pursuant to subsection (b), (d), or (e) of

this section or the notice requirements under section 1364 of

the National Flood Insurance Act of 1968 [42 U.S.C. 4104a]; and

(B) the regulated lending institution has not demonstrated

measurable improvement in compliance despite the assessment of

civil monetary penalties under subsection (f) of this section.

(h) Fee for determining location

Notwithstanding any other Federal or State law, any person who

makes a loan secured by improved real estate or a mobile home or

any servicer for such a loan may charge a reasonable fee for the

costs of determining whether the building or mobile home securing

the loan is located in an area having special flood hazards, but

only in accordance with the following requirements:

(1) Borrower fee

The borrower under such a loan may be charged the fee, but only

if the determination -

(A) is made pursuant to the making, increasing, extending, or

renewing of the loan that is initiated by the borrower;

(B) is made pursuant to a revision or updating under section

1360(f) (!2) [42 U.S.C. 4101(f)] of the floodplain areas and

flood-risk zones or publication of a notice or compendia under

subsection (h) or (i) of section 1360 (!2) [42 U.S.C. 4101(h),

(i)] that affects the area in which the improved real estate or

mobile home securing the loan is located or that, in the

determination of the Director, may reasonably be considered to

require a determination under this subsection; or

pursuant to the requirement under subsection (e)(2) of this

section.

(2) Purchaser or transferee fee

The purchaser or transferee of such a loan may be charged the

fee in the case of sale or transfer of the loan.

-SOURCE-

(Pub. L. 93-234, title I, Sec. 102, Dec. 31, 1973, 87 Stat. 978;

Pub. L. 98-181, title IV, Sec. 451(e)(1), Nov. 30, 1983, 97 Stat.

1229; Pub. L. 103-325, title V, Secs. 522-526, 531, 582(c), Sept.

23, 1994, 108 Stat. 2257-2262, 2267, 2287.)

-REFTEXT-

REFERENCES IN TEXT

The National Flood Insurance Act of 1968, referred to in subsecs.

(a), (b), (d)(1), and (e)(1), and the Act, referred to in subsec.

(b), is title XIII of Pub. L. 90-448, Aug. 1, 1968, 82 Stat. 572,

as amended, which is classified principally to this chapter (Sec.

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.

The Federal Financial Institutions Examination Council Act of

1974, referred to in subsec. (b)(1), probably means the Federal

Financial Institutions Examination Council Act of 1978, Pub. L.

95-630, title X, Nov. 10, 1978, 92 Stat. 3694, as amended, which is

classified principally to chapter 34 (Sec. 3301 et seq.) of Title

12, Banks and Banking. For complete classification of this Act to

the Code, see Short Title note set out under section 3301 of Title

12 and Tables.

Section 522(a) of Public Law 103-325, referred to in subsec.

(b)(4)(C), was in original "section 522(a) of such Act", which

generally amended subsec. (b) of this section.

This title, referred to in subsec. (e)(3)(B), (C), means title I

of Pub. L. 93-234, Dec. 31, 1973, 87 Stat. 977, which enacted this

section and section 4104 of this title and amended sections 4001,

4013 to 4016, 4026, 4054, 4056, and 4121 of this title.

-COD-

CODIFICATION

Section was enacted as part of Flood Disaster Protection Act of

1973, and not as part of National Flood Insurance Act of 1968 which

comprises this chapter.

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-325, Sec. 531, substituted section catchline

for former section catchline.

Subsec. (a). Pub. L. 103-325, Sec. 582(c), struck out ", during

the anticipated economic or useful life of the project," before

"covered by flood insurance" and inserted at end "The requirement

of maintaining flood insurance shall apply during the life of the

property, regardless of transfer of ownership of such property."

Subsec. (b). Pub. L. 103-325, Sec. 522(a), amended subsec. (b)

generally. Prior to amendment, subsec. (b) 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 direct such institutions

not to make, increase, extend, or renew after the expiration of

sixty days following December 31, 1973, 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 as an area having

special flood hazards and in which flood insurance has been made

available under the National Flood Insurance Act of 1968, unless

the building or mobile home and any personal property securing such

loan is covered for the term of the loan by flood insurance in an

amount at least equal to the outstanding principal balance of the

loan or to the maximum limit of coverage made available with

respect to the particular type of property under the Act, whichever

is less."

Subsec. (c). Pub. L. 103-325, Sec. 522(b), inserted heading,

designated existing provisions as par. (1), inserted par. (1)

heading, and added par. (2).

Subsecs. (d) to (h). Pub. L. 103-325, Secs. 523-526, added

subsecs. (d) to (h).

1983 - Pub. L. 98-181 substituted "Director" for "Secretary"

wherever appearing.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 582(c) of Pub. L. 103-325 applicable to

disasters declared after Sept. 23, 1994, see section 5154a(e) of

this title.

-TRANS-

TRANSFER OF FUNCTIONS

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 sections 313(1), 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4104a, 4104d of this

title; title 12 section 4521.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be followed by "of the

National Flood Insurance Act of 1968".

-End-

-CITE-

42 USC Sec. 4013 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

Sec. 4013. Nature and limitation of insurance coverage

-STATUTE-

(a) Regulations respecting general terms and conditions of

insurability

The Director shall from time to time, after consultation with the

advisory committee authorized under section 4025 of this title,

appropriate representatives of the pool formed or otherwise created

under section 4051 of this title, and appropriate representatives

of the insurance authorities of the respective States, provide by

regulation for general terms and conditions of insurability which

shall be applicable to properties eligible for flood insurance

coverage under section 4012 of this title, including -

(1) the types, classes, and locations of any such properties

which shall be eligible for flood insurance;

(2) the nature and limits of loss or damage in any areas (or

subdivisions thereof) which may be covered by such insurance;

(3) the classification, limitation, and rejection of any risks

which may be advisable;

(4) appropriate minimum premiums;

(5) appropriate loss-deductibles; and

(6) any other terms and conditions relating to insurance

coverage or exclusion which may be necessary to carry out the

purposes of this chapter.

(b) Regulations respecting amount of coverage

In addition to any other terms and conditions under subsection

(a) of this section, such regulations shall provide that -

(1) any flood insurance coverage based on chargeable premium

rates under section 4015 of this title which are less than the

estimated premium rates under section 4014(a)(1) of this title

shall not exceed -

(A) in the case of residential properties -

(i) $35,000 aggregate liability for any single-family

dwelling, and $100,000 for any residential structure

containing more than one dwelling unit,

(ii) $10,000 aggregate liability per dwelling unit for any

contents related to such unit, and

(iii) in the States of Alaska and Hawaii, and in the Virgin

Islands and Guam; the limits provided in clause (i) of this

sentence shall be: $50,000 aggregate liability for any

single-family dwelling, and $150,000 for any residential

structure containing more than one dwelling unit;

(B) in the case of business properties which are owned or

leased and operated by small business concerns, an aggregate

liability with respect to any single structure, including any

contents thereof related to premises of small business

occupants (as that term is defined by the Director), which

shall be equal to (i) $100,000 plus (ii) $100,000 multiplied by

the number of such occupants and shall be allocated among such

occupants (or among the occupant or occupants and the owner)

under regulations prescribed by the Director; except that the

aggregate liability for the structure itself may in no case

exceed $100,000; and

which may become eligible for flood insurance under section

4012 of this title -

(i) $100,000 aggregate liability for any single structure,

and

(ii) $100,000 aggregate liability per unit for any contents

related to such unit; and

(2) in the case of any residential property for which the risk

premium rate is determined in accordance with the provisions of

section 4014(a)(1) of this title, additional flood insurance in

excess of the limits specified in clause (i) of subparagraph (A)

of paragraph (1) shall be made available to every insured upon

renewal and every applicant for insurance so as to enable such

insured or applicant to receive coverage up to a total amount

(including such limits specified in paragraph (1)(A)(i)) of

$250,000;

(3) in the case of any residential property for which the risk

premium rate is determined in accordance with the provisions of

section 4014(a)(1) of this title, additional flood insurance in

excess of the limits specified in clause (ii) of subparagraph (A)

of paragraph (1) shall be made available to every insured upon

renewal and every applicant for insurance so as to enable any

such insured or applicant to receive coverage up to a total

amount (including such limits specified in paragraph (1)(A)(ii))

of $100,000;

(4) in the case of any nonresidential property, including

churches, for which the risk premium rate is determined in

accordance with the provisions of section 4014(a)(1) of this

title, additional flood insurance in excess of the limits

specified in subparagraphs (B) and (C) of paragraph (1) shall be

made available to every insured upon renewal and every applicant

for insurance, in respect to any single structure, up to a total

amount (including such limit specified in subparagraph (B) or (C)

of paragraph (1), as applicable) of $500,000 for each structure

and $500,000 for any contents related to each structure; and

(5) any flood insurance coverage which may be made available in

excess of the limits specified in subparagraph (A), (B), or (C)

of paragraph (1), shall be based only on chargeable premium rates

under section 4015 of this title, which are not less than the

estimated premium rates under section 4014(a)(1) of this title,

and the amount of such excess coverage shall not in any case

exceed an amount equal to the applicable limit so specified (or

allocated) under paragraph (1)(C), (2), (3), or (4), as

applicable.

(1) Waiting period

Except as provided in paragraph (2), coverage under a new

contract for flood insurance coverage under this chapter entered

into after September 23, 1994, and any modification to coverage

under an existing flood insurance contract made after September

23, 1994, shall become effective upon the expiration of the

30-day period beginning on the date that all obligations for such

coverage (including completion of the application and payment of

any initial premiums owed) are satisfactorily completed.

(2) Exception

The provisions of paragraph (1) shall not apply to -

(A) the initial purchase of flood insurance coverage under

this chapter when the purchase of insurance is in connection

with the making, increasing, extension, or renewal of a loan;

(B) the initial purchase of flood insurance coverage pursuant

to a revision or updating of floodplain areas or flood-risk

zones under section 4101(f) of this title, if such purchase

occurs during the 1-year period beginning upon publication of

notice of the revision or updating under section 4101(h) of

this title.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1306, Aug. 1, 1968, 82 Stat. 575;

Pub. L. 92-213, Sec. 2(c)(2), Dec. 22, 1971, 85 Stat. 775; Pub. L.

93-234, title I, Sec. 101, Dec. 31, 1973, 87 Stat. 977; Pub. L.

95-128, title VII, Sec. 704(a), Oct. 12, 1977, 91 Stat. 1145; Pub.

L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat. 1229;

Pub. L. 100-242, title V, Sec. 544(a), Feb. 5, 1988, 101 Stat.

1940; Pub. L. 100-628, title X, Sec. 1086(a), Nov. 7, 1988, 102

Stat. 3278; Pub. L. 100-707, title I, Sec. 109(o), Nov. 23, 1988,

102 Stat. 4709; Pub. L. 101-137, Sec. 1(c), Nov. 3, 1989, 103 Stat.

824; Pub. L. 101-508, title II, Sec. 2302(d), Nov. 5, 1990, 104

Stat. 1388-23; Pub. L. 103-325, title V, Secs. 552(a), 573, 579(a),

Sept. 23, 1994, 108 Stat. 2269, 2278, 2284.)

-MISC1-

AMENDMENTS

1994 - Subsec. (b)(2). Pub. L. 103-325, Sec. 573(a)(1),

substituted "a total amount (including such limits specified in

paragraph (1)(A)(i)) of $250,000" for "an amount of $150,000 under

the provisions of this clause".

Subsec. (b)(3). Pub. L. 103-325, Sec. 573(a)(2), substituted "a

total amount (including such limits specified in paragraph

(1)(A)(ii)) of $100,000" for "an amount of $50,000 under the

provisions of this clause".

Subsec. (b)(4). Pub. L. 103-325, Sec. 573(a)(3), added par. (4)

and struck out former par. (4) which read as follows: "in the case

of business property owned, leased, or operated by small business

concerns for which the risk premium rate is determined in

accordance with the provisions of section 4014(a)(1) of this title,

additional flood insurance in excess of the limits specified in

subparagraph (B) of paragraph (1) shall be made available to every

such owner, lessee, or operator in respect to any single structure,

including any contents thereof, related to premises of small

business occupants (as that term is defined by the Director), up to

an amount equal to (i) $250,000 plus (ii) $200,000 multiplied by

the number of such occupants which coverage shall be allocated

among such occupants (or among the occupant or occupants and the

owner) in accordance with the regulations prescribed by the

Director pursuant to such subparagraph (B), except that the

aggregate liability for the structure itself may in no case exceed

$250,000;".

Subsec. (b)(5). Pub. L. 103-325, Sec. 573(b)(1), substituted a

period for "; and" at end.

Subsec. (b)(6). Pub. L. 103-325, Sec. 573(b)(2), struck out par.

(6) which read as follows: "the flood insurance purchase

requirements of section 4012a of this title do not apply to the

additional flood insurance limits made available in excess of twice

the limits made available under paragraph (1)."

Subsec. (c). Pub. L. 103-325, Sec. 579(a), added subsec. (c).

Pub. L. 103-325, Sec. 552(a), struck out subsec. (c) which

related to schedule for payment of flood insurance for structures

on land subject to imminent collapse or subsidence.

1990 - Subsec. (c)(7). Pub. L. 101-508 substituted "September 30,

1995" for "September 30, 1991".

1989 - Subsec. (c)(7). Pub. L. 101-137 substituted "September 30,

1991" for "September 30, 1989".

1988 - Subsec. (c). Pub. L. 100-242 added subsec. (c).

Subsec. (c)(1)(A). Pub. L. 100-628 substituted "following" for

"Following" in cls. (i) and (ii).

Subsec. (c)(5). Pub. L. 100-707 substituted "Disaster Relief and

Emergency Assistance Act" for "Disaster Relief Act of 1974".

1983 - Subsecs. (a), (b)(1)(B), (4). Pub. L. 98-181 substituted

"Director" for "Secretary" wherever appearing.

1977 - Subsec. (b)(2). Pub. L. 95-128 added par. (2) and

redesignated former par. (2) as (5).

Subsec. (b)(3), (4). Pub. L. 95-128 added pars. (3) and (4).

Subsec. (b)(5). Pub. L. 95-128 redesignated former par. (2) as

(5), struck out "(or allocated to any person under subparagraph (B)

of such paragraph)" after "paragraph (1)", and inserted "under

paragraph (1)(C), (2), (3), or (4), as applicable" after "(or

allocated)".

Subsec. (b)(6). Pub. L. 95-128 added par. (6).

1973 - Subsec. (b)(1)(A). Pub. L. 93-234, Sec. 101(a), in

increasing limits of coverage, struck out following introductory

text "residential properties" the clause "which are designed for

the occupancy of from one to four families"; substituted provisions

in cl. (i) "$35,000 aggregate liability for any single-family

dwelling, and $100,000 for any residential structure containing

more than one dwelling unit" for "$17,500 aggregate liability for

any dwelling unit, and $30,000 for any single dwelling structure

containing more than one dwelling unit"; increased cl. (ii) limits

to $10,000 from $5,000 and added cl. (iii).

Subsec. (b)(1)(B). Pub. L. 93-234, Sec. 101(b), substituted

"$100,000" for "$30,000" in cl. (i), for "$5,000" in cl. (ii), and

for "$30,000" in exception provision.

Subsec. (b)(1)(C). Pub. L. 93-234, Sec. 101(c), increased cl. (i)

limits to $100,000 from $30,000 and substituted cl. (ii) "$100,000

aggregate liability per unit for any contents related to such unit"

for "$5,000 aggregate liability per dwelling unit for any contents

related to such unit in the case of residential properties, or per

occupant (as that term is defined by the Secretary) for any

contents related to the premises occupied in the case of any other

properties".

1971 - Subsec. (b)(1)(C). Pub. L. 92-213 inserted "church

properties, and" before "any other properties which may become".

EFFECTIVE DATE OF 1988 AMENDMENT

Section 544(b) of Pub. L. 100-242 provided that: "The amendment

made by this section [amending this section] shall become effective

on the date of the enactment of this Act [Feb. 5, 1988]."

SAVINGS PROVISION

Section 552(c) of Pub. L. 103-325 provided that: "Notwithstanding

subsection (a) [amending this section], the Director shall take any

action necessary to make payments under flood insurance contracts

pursuant to any commitments made before the expiration of the

period referred to in subsection (b) [set out below] pursuant to

the authority under section 1306(c) of the National Flood Insurance

Act of 1968 [subsec. (c) of this section] or subsection (b)."

-TRANS-

TRANSFER OF FUNCTIONS

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 sections 313(1), 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.

-MISC2-

TRANSITION PHASE

Section 552(b) of Pub. L. 103-325 provided that: "Notwithstanding

subsection (a) [amending this section], during the 1-year period

beginning on the date of enactment of this Act [Sept. 23, 1994],

the Director of the Federal Emergency Management Agency may pay

amounts under flood insurance contracts for demolition or

relocation of structures as provided in section 1306(c) of the

National Flood Insurance Act of 1968 [subsec. (c) of this section]

(as in effect immediately before the enactment of this Act)."

-End-

-CITE-

42 USC Sec. 4014 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

Sec. 4014. Estimates of premium rates

-STATUTE-

(a) Studies and investigations

The Director is authorized to undertake and carry out such

studies and investigations and receive or exchange such information

as may be necessary to estimate, and shall from time to time

estimate, on an area, subdivision, or other appropriate basis -

(1) the risk premium rates for flood insurance which -

(A) based on consideration of the risk involved and accepted

actuarial principles, and

(B) including -

(i) the applicable operating costs and allowances set forth

in the schedules prescribed under section 4018 of this title

and reflected in such rates,

(ii) any administrative expenses (or portion of such

expenses) of carrying out the flood insurance program which,

in his discretion, should properly be reflected in such

rates, and

(iii) any remaining administrative expenses incurred in

carrying out the flood insurance and floodplain management

programs (including the costs of mapping activities under

section 4101 of this title) not included under clause (ii),

which shall be recovered by a fee charged to policyholders

and such fee shall not be subject to any agents' commissions,

company expense allowances, or State or local premium taxes,

would be required in order to make such insurance available on an

actuarial basis for any types and classes of properties for which

insurance coverage is available under section 4012(a) of this

title (or is recommended to the Congress under section 4012(b) of

this title);

(2) the rates, if less than the rates estimated under paragraph

(1), which would be reasonable, would encourage prospective

insureds to purchase flood insurance, and would be consistent

with the purposes of this chapter, and which, together with a fee

charged to policyholders that shall not be not subject to any

agents' commission, company expenses allowances, or State or

local premium taxes, shall include any administrative expenses

incurred in carrying out the flood insurance and floodplain

management programs (including the costs of mapping activities

under section 4101 of this title); and

(3) the extent, if any, to which federally assisted or other

flood protection measures initiated after August 1, 1968, affect

such rates.

(b) Utilization of services of other Departments and agencies

In carrying out subsection (a) of this section, the Director

shall, to the maximum extent feasible and on a reimbursement basis,

utilize the services of the Department of the Army, the Department

of the Interior, the Department of Agriculture, the Department of

Commerce, and the Tennessee Valley Authority, and, as appropriate,

other Federal departments or agencies, and for such purposes may

enter into agreements or other appropriate arrangements with any

persons.

evidencing positive interest in securing insurance under program

The Director shall give priority to conducting studies and

investigations and making estimates under this section in those

States or areas (or subdivisions thereof) which he has determined

have evidenced a positive interest in securing flood insurance

coverage under the flood insurance program.

(d) Parishes of Louisiana; premium rates

Notwithstanding any other provision of law, any structure

existing on December 31, 1973, and located within Avoyelles,

Evangeline, Rapides, or Saint Landry Parish in the State of

Louisiana, which the Secretary determines is subject to additional

flood hazards as a result of the construction or operation of the

Atchafalaya Basin Levee System, shall be eligible for flood

insurance under this chapter (if and to the extent it is eligible

for such insurance under the other provisions of this chapter) at

premium rates that shall not exceed those which would be applicable

if such additional hazards did not exist.

(e) Eligibility of community making adequate progress on

construction of flood protection system for rates not exceeding

those applicable to completed flood protection system;

determination of adequate progress

Notwithstanding any other provision of law, any community that

has made adequate progress, acceptable to the Director, on the

construction of a flood protection system which will afford flood

protection for the one-hundred year frequency flood as determined

by the Director, shall be eligible for flood insurance under this

chapter (if and to the extent it is eligible for such insurance

under the other provisions of this chapter) at premium rates not

exceeding those which would be applicable under this section if

such flood protection system had been completed. The Director shall

find that adequate progress on the construction of a flood

protection system as required herein has been only if (1) 100

percent of the project cost of the system has been authorized, (2)

at least 60 percent of the project cost of the system has been

appropriated, (3) at least 50 percent of the project cost of the

system has been expended, and (4) the system is at least 50 percent

completed.

(f) Availability of flood insurance in communities restoring

disaccredited flood protection systems; criteria; rates

Notwithstanding any other provision of law, this subsection shall

only apply in a community which has been determined by the Director

of the Federal Emergency Management Agency to be in the process of

restoring flood protection afforded by a flood protection system

that had been previously accredited on a Flood Insurance Rate Map

as providing 100-year frequency flood protection but no longer does

so. Except as provided in this subsection, in such a community,

flood insurance shall be made available to those properties

impacted by the disaccreditation of the flood protection system at

premium rates that do not exceed those which would be applicable to

any property located in an area of special flood hazard, the

construction of which was started prior to the effective date of

the initial Flood Insurance Rate Map published by the Director for

the community in which such property is located. A revised Flood

Insurance Rate Map shall be prepared for the community to delineate

as Zone AR the areas of special flood hazard that result from the

disaccreditation of the flood protection system. A community will

be considered to be in the process of restoration if -

(1) the flood protection system has been deemed restorable by a

Federal agency in consultation with the local project sponsor;

(2) a minimum level of flood protection is still provided to

the community by the disaccredited system; and

(3) restoration of the flood protection system is scheduled to

occur within a designated time period and in accordance with a

progress plan negotiated between the community and the Federal

Emergency Management Agency.

Communities that the Director of the Federal Emergency Management

Agency determines to meet the criteria set forth in paragraphs (1)

and (2) as of January 1, 1992, shall not be subject to revised

Flood Insurance Rate Maps that contravene the intent of this

subsection. Such communities shall remain eligible for C zone rates

for properties located in zone AR for any policy written prior to

promulgation of final regulations for this section. Floodplain

management criteria for such communities shall not require the

elevation of improvements to existing structures and shall not

exceed 3 feet above existing grade for new construction, provided

the base flood elevation based on the disaccredited flood control

system does not exceed five feet above existing grade, or the

remaining new construction in such communities is limited to infill

sites, rehabilitation of existing structures, or redevelopment of

previously developed areas.

The Director of the Federal Emergency Management Agency shall

develop and promulgate regulations to implement this subsection,

including minimum floodplain management criteria, within 24 months

after October 28, 1992.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1307, Aug. 1, 1968, 82 Stat. 576;

Pub. L. 93-234, title I, Sec. 109, Dec. 31, 1973, 87 Stat. 980;

Pub. L. 93-383, title VIII, Sec. 816(b), Aug. 22, 1974, 88 Stat.

739; Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97

Stat. 1229; Pub. L. 101-508, title II, Sec. 2302(e)(1), Nov. 5,

1990, 104 Stat. 1388-24; Pub. L. 102-550, title IX, Sec. 928, Oct.

28, 1992, 106 Stat. 3886.)

-MISC1-

AMENDMENTS

1992 - Subsec. (f). Pub. L. 102-550 added subsec. (f).

1990 - Subsec. (a)(1)(B)(iii). Pub. L. 101-508, Sec.

2302(e)(1)(A)-(C), added cl. (iii).

Subsec. (a)(2). Pub. L. 101-508, Sec. 2302(e)(1)(D), inserted

before semicolon ", and which, together with a fee charged to

policyholders that shall not be not subject to any agents'

commission, company expenses allowances, or State or local premium

taxes, shall include any administrative expenses incurred in

carrying out the flood insurance and floodplain management programs

(including the costs of mapping activities under section 4101 of

this title)".

1983 - Subsecs. (a) to (c), (e). Pub. L. 98-181 substituted

"Director" for "Secretary" wherever appearing.

1974 - Subsec. (e). Pub. L. 93-383 added subsec. (e).

1973 - Subsec. (d). Pub. L. 93-234 added subsec. (d).

-TRANS-

TRANSFER OF FUNCTIONS

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 sections 313(1), 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.

-MISC2-

STUDY OF ECONOMIC EFFECTS OF CHARGING ACTUARIALLY BASED PREMIUM

RATES FOR PRE-FIRM STRUCTURES

Pub. L. 103-325, title V, Sec. 578, Sept. 23, 1994, 108 Stat.

2284, provided that:

"(a) Study. - The Director of the Federal Emergency Management

Agency (in this section referred to as the 'Director') shall

conduct a study of the economic effects that would result from

increasing premium rates for flood insurance coverage made

available under the national flood insurance program for pre-FIRM

structures to the full actuarial risk based premium rate determined

under section 1307(a)(1) of the National Flood Insurance Act of

1968 [42 U.S.C. 4014(a)(1)] for the area in which the property is

located. In conducting the study, the Director shall -

"(1) determine each area that would be subject to such

increased premium rates; and

"(2) for each such area, determine -

"(A) the amount by which premium rates would be increased;

"(B) the number and types of properties affected and the

number and types of properties covered by flood insurance under

this title [probably means title XIII of Pub. L. 90-448 which

enacted this chapter see Short Title note set out under section

4001 of this title and Tables] likely to cancel such insurance

if the rate increases were made;

"(C) the effects that the increased premium rates would have

on land values and property taxes; and

"(D) any other effects that the increased premium rates would

have on the economy and homeowners.

"(b) Definition of Pre-FIRM Structure. - For purposes of

subsection (a), the term 'pre-FIRM structure' means a structure

that was not constructed or substantially improved after the later

of -

"(1) December 31, 1974; or

"(2) the effective date of the initial rate map published by

the Director under section 1360(a)(2) of the National Flood

Insurance Act of 1968 [42 U.S.C. 4101(a)(2)] for the area in

which such structure is located.

"(c) Report. - The Director shall submit a report to the Congress

describing and explaining the findings of the study conducted under

this section. The report shall be submitted not later than 12

months after the date of enactment of this Act [Sept. 23, 1994]."

SEA LEVEL RISE STUDY

Pub. L. 101-137, Sec. 5, Nov. 3, 1989, 103 Stat. 825, directed

Director of Federal Emergency Management Agency to conduct a study

to determine the impact of relative sea level rise on the flood

insurance rate maps, such study also to project the economic losses

associated with estimated sea level rise and aggregate such data

for the United States as a whole and by region, with Director to

report results of study to Congress not later than one year after

Nov. 3, 1989.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4012, 4013, 4015, 4022,

4054, 4056 of this title.

-End-

-CITE-

42 USC Sec. 4015 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

Sec. 4015. Chargeable premium rates

-STATUTE-

(a) Establishment; terms and conditions

On the basis of estimates made under section 4014 of this title,

and such other information as may be necessary, the Director shall

from time to time, after consultation with the advisory committee

authorized under section 4025 of this title, appropriate

representatives of the pool formed or otherwise created under

section 4051 of this title, and appropriate representatives of the

insurance authorities of the respective States, prescribe by

regulation -

(1) chargeable premium rates for any types and classes of

properties for which insurance coverage shall be available under

section 4012 of this title (at less than the estimated risk

premium rates under section 4014(a)(1) of this title, where

necessary), and

(2) the terms and conditions under which, and the areas

(including subdivisions thereof) within which, such rates shall

apply.

(b) Considerations for rates

Such rates shall, insofar as practicable, be -

(1) based on a consideration of the respective risks involved,

including differences in risks due to land use measures,

flood-proofing, flood forecasting, and similar measures.

(2) adequate, on the basis of accepted actuarial principles, to

provide reserves for anticipated losses, or, if less than such

amount, consistent with the objective of making flood insurance

available where necessary at reasonable rates so as to encourage

prospective insureds to purchase such insurance and with the

purposes of this chapter,

(3) adequate, together with the fee under paragraph (1)(B)(iii)

or (2) of section 4014(a) of this title, to provide for any

administrative expenses of the flood insurance and floodplain

management programs (including the costs of mapping activities

under section 4101 of this title), and

(4) stated so as to reflect the basis for such rates, including

the differences (if any) between the estimated risk premium rates

under section 4014(a)(1) of this title and the estimated rates

under section 4014(a)(2) of this title.

improvement of which has been started after December 31, 1974, or

effective date of initial rate map published for area in which

property is located, whichever is later

Subject only to the limitation under subsection (e) of this

section, the chargeable rate with respect to any property, the

construction or substantial improvements of which the Director

determines has been started after December 31, 1974, or the

effective date of the initial rate map published by the Director

under paragraph (2) of section 4101 of this title for the area in

which such property is located, whichever is later, shall not be

less than the applicable estimated risk premium rate for such area

(or subdivision thereof) under section 4014(a)(1) of this title.

(d) Payment of certain sums to Director; deposits in Fund

With respect to any chargeable premium rate prescribed under this

section, a sum equal to the portion of the rate that covers any

administrative expenses of carrying out the flood insurance and

floodplain management programs which have been estimated under

paragraphs (1)(B)(ii) and (1)(B)(iii) of section 4014(a) of this

title or paragraph (2) of such section (including the fees under

such paragraphs), shall be paid to the Director. The Director shall

deposit the sum in the National Flood Insurance Fund established

under section 4017 of this title.

(e) Annual limitation on premium increases

Notwithstanding any other provision of this chapter, the

chargeable risk premium rates for flood insurance under this

chapter for any properties within any single risk classification

may not be increased by an amount that would result in the average

of such rate increases for properties within the risk

classification during any 12-month period exceeding 10 percent of

the average of the risk premium rates for properties within the

risk classification upon the commencement of such 12-month period.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1308, Aug. 1, 1968, 82 Stat. 576;

Pub. L. 93-234, title I, Sec. 103, Dec. 31, 1973, 87 Stat. 978;

Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.

1229; Pub. L. 101-508, title II, Sec. 2302(e)(2), Nov. 5, 1990, 104

Stat. 1388-24; Pub. L. 103-325, title V, Sec. 572(a), Sept. 23,

1994, 108 Stat. 2277.)

-MISC1-

AMENDMENTS

1994 - Subsec. (c). Pub. L. 103-325, Sec. 572(a)(1), substituted

"Subject only to the limitation under subsection (e) of this

section" for "Notwithstanding any other provision of this chapter".

Subsec. (e). Pub. L. 103-325, Sec. 572(a)(2), added subsec. (e).

1990 - Subsec. (b)(3), (4). Pub. L. 101-508, Sec. 2302(e)(2)(A),

added par. (3) and redesignated former par. (3) as (4).

Subsec. (d). Pub. L. 101-508, Sec. 2302(e)(2)(B), added subsec.

(d) and struck out former subsec. (d) which read as follows: "In

the event any chargeable premium rate prescribed under this section

"(1) is a rate which is not less than the applicable estimated

risk premium rate under section 4014(a)(1) of this title, and

"(2) includes any amount for administrative expenses of

carrying out the flood insurance program which have been

estimated under clause (ii) of section 4014(a)(1)(B) of this

title,

a sum equal to such amount shall be paid to the Director, and he

shall deposit such sum in the National Flood Insurance Fund

established under section 4017 of this title."

1983 - Subsecs. (a), (c), (d). Pub. L. 98-181 substituted

"Director" for "Secretary" wherever appearing.

1973 - Subsec. (c). Pub. L. 93-234 substituted "started after

December 31, 1974, or the effective date of the initial rate map

published by the Secretary under paragraph (2) of section 4101 of

this title for the area in which such property is located,

whichever is later" for "started after the identification of the

area in which such property is located has been published under

paragraph (1) of section 4101 of this title".

-TRANS-

TRANSFER OF FUNCTIONS

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 sections 313(1), 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.

-MISC2-

LIMITATION ON PREMIUMS

Section 2302(e)(5) of Pub. L. 101-508 provided that,

notwithstanding section 541(d) of Pub. L. 100-242, formerly set out

below, premium rates charged for flood insurance under any program

established pursuant to this chapter could be increased by more

than 10 percent during fiscal year 1991, with certain exceptions.

Pub. L. 100-242, title V, Sec. 541(d), Feb. 5, 1988, 101 Stat.

1939, as amended by Pub. L. 101-137, Sec. 1(d), Nov. 3, 1989, 103

Stat. 824; Pub. L. 101-508, title II, Sec. 2302(c), Nov. 5, 1990,

104 Stat. 1388-23, limited increases in premium rates charged for

flood insurance under programs established pursuant to this chapter

during period beginning Feb. 5, 1988, and ending Sept. 30, 1995, to

prorated annual rate of 10 percent, prior to repeal by Pub. L.

103-325, title V, Sec. 572(b), Sept. 23, 1994, 108 Stat. 2278.

Section 451(g)(1) of Pub. L. 98-181 provided that premium rates

charged for flood insurance under any program established pursuant

to this chapter could not be increased during the period beginning

Nov. 30, 1983, and ending Sept. 30, 1984.

TERMINATION OF ADVISORY COMMITTEES

Advisory 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 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out

in the Appendix to Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4013, 4017, 4020, 4022,

4054 of this title.

-End-

-CITE-

42 USC Sec. 4016 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

Sec. 4016. Financing provisions; issuance of notes or other

obligations; limitation; report to Congressional committees;

deposits in Fund

-STATUTE-

(a) All authority which was vested in the Director by virtue of

section 2414(e) of this title (pertaining to the issue of notes or

other obligations to the Secretary of the Treasury), as amended by

subsections (a) and (b) of section 1303 of this Act, shall be

available to the Director for the purpose of carrying out the flood

insurance program under this chapter; except that the total amount

of notes and obligations which may be issued by the Director

pursuant to such authority (1) without the approval of the

President, may not exceed $500,000,000, and (2) with the approval

of the President, may not exceed $1,500,000,000 through December

31, 2002, and $1,000,000,000 thereafter. The Director shall report

to the Committee on Banking, Finance and Urban Affairs of the House

of Representatives and the Committee on Banking, Housing, and Urban

Affairs of the Senate at any time when he requests the approval of

the President in accordance with the preceding sentence.

(b) Any funds borrowed by the Director under this authority

shall, from time to time, be deposited in the National Flood

Insurance Fund established under section 4017 of this title.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1309, Aug. 1, 1968, 82 Stat. 577;

Pub. L. 89-174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669; Pub. L.

93-234, title I, Sec. 104, Dec. 31, 1973, 87 Stat. 979; Pub. L.

98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat. 1229;

Pub. L. 98-479, title II, Sec. 204(g), Oct. 17, 1984, 98 Stat.

2233; Pub. L. 104-208, div. A, title V, Sept. 30, 1996, 110 Stat.

3009-521; Pub. L. 105-65, title III, Oct. 27, 1997, 111 Stat. 1377;

Pub. L. 105-276, title III, Oct. 21, 1998, 112 Stat. 2502; Pub. L.

106-74, title III, Oct. 20, 1999, 113 Stat. 1088; Pub. L. 106-377,

Sec. 1(a)(1) [title III], Oct. 27, 2000, 114 Stat. 1441, 1441A-47;

Pub. L. 107-73, title III, Nov. 26, 2001, 115 Stat. 689.)

-REFTEXT-

REFERENCES IN TEXT

Section 1303 of this Act, referred to in subsec. (a), means

section 1303 of Pub. L. 90-448, which amended section 2414(e) of

this title.

-MISC1-

AMENDMENTS

2001 - Subsec. (a)(2). Pub. L. 107-73 substituted "2002" for

"2001".

2000 - Subsec. (a)(2). Pub. L. 106-377 substituted "December 31,

2001" for "September 30, 2000".

1999 - Subsec. (a)(2). Pub. L. 106-74, which directed

substitution of "2000" for "1999" in section "1309(a)(2) of the

National Flood Insurance Act", was executed to subsec. (a)(2) of

this section, which is section 1309 of the National Flood Insurance

Act of 1968, to reflect the probable intent of Congress.

1998 - Subsec. (a)(2). Pub. L. 105-276, which directed

substitution of "1999" for "1998" in section "1309(a)(2) of the

National Flood Insurance Act", was executed by making the

substitution in subsec. (a)(2) of this section, which is section

1309 of the National Flood Insurance Act of 1968, to reflect the

probable intent of Congress.

1997 - Subsec. (a)(2). Pub. L. 105-65, which directed

substitution of "1998" for "1997" in section "1309(a)(2) of the

National Flood Insurance Act", was executed by making the

substitution in subsec. (a)(2) of this section, which is section

1309 of the National Flood Insurance Act of 1968, to reflect the

probable intent of Congress.

1996 - Subsec. (a)(2). Pub. L. 104-208 substituted

"$1,500,000,000 through September 30, 1997, and $1,000,000,000

thereafter" for "$1,000,000,000".

1984 - Subsec. (a). Pub. L. 98-479 substituted ", Finance and

Urban Affairs" for "and Currency" and inserted a comma after

"Housing" in last sentence.

1983 - Pub. L. 98-181 substituted "Director" for "Secretary"

wherever appearing.

1973 - Subsec. (a). Pub. L. 93-234 substituted provisions

respecting issuance of notes and obligation for $500,000,000

without approval of President and for $1,000,000,000 with approval

of President, for former provision prescribing a $250,000,000

limitation, struck out provision rescinding authority of Secretary

to issue notes and obligations under section 2414(e) of this title,

and provided for report to Congressional Committees when the

approval of the President is requested.

-CHANGE-

CHANGE OF NAME

Committee on Banking, Finance and Urban Affairs of House of

Representatives treated as referring to Committee on Banking and

Financial Services of House of Representatives by section 1(a) of

Pub. L. 104-14, set out as a note preceding section 21 of Title 2,

The Congress. Committee on Banking and Financial Services of House

of Representatives abolished and replaced by Committee on Financial

Services of House of Representatives, and jurisdiction over matters

relating to securities and exchanges and insurance generally

transferred from Committee on Energy and Commerce of House of

Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-TRANS-

TRANSFER OF FUNCTIONS

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 sections 313(1), 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.

Functions of Housing and Home Finance Agency and head thereof

transferred to Secretary of Housing and Urban Development by Pub.

L. 89-174, Sec. 5(a), Sept. 9, 1965, 79 Stat. 669, which is

classified to section 3534(a) of this title. Section 9(c) of such

act, set out as a note under section 3531 of this title, provides

that references to Housing and Home Finance Agency or to any agency

or officer therein are to be deemed to mean Secretary of Housing

and Urban Development and that Housing and Home Finance Agency has

lapsed.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4017 of this title.

-End-

-CITE-

42 USC Sec. 4017 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

Sec. 4017. National Flood Insurance Fund

-STATUTE-

(a) Establishment; availability

To carry out the flood insurance program authorized by this

chapter, the Director 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 Director and shall be available

as described in subsection (f) of this section, 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) of this

section 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 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.

(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) of this section;

(5) such sums as are required to be paid to the Director 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) of this section, and salvage proceeds, if any, resulting from

reinsurance coverage).

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 Director 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 Director 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 Director 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) of this section without

such approval.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1310, Aug. 1, 1968, 82 Stat. 577;

Pub. L. 97-35, title III, Sec. 341(c), Aug. 13, 1981, 95 Stat. 419;

Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.

1229; Pub. L. 98-479, title II, Sec. 203(j)(1), Oct. 17, 1984, 98

Stat. 2231; Pub. L. 100-242, title V, Sec. 545(d), Feb. 5, 1988,

101 Stat. 1942; Pub. L. 101-508, title II, Sec. 2302(e)(3), Nov. 5,

1990, 104 Stat. 1388-24; Pub. L. 103-325, title V, Secs. 542,

554(b), 577(h), Sept. 23, 1994, 108 Stat. 2269, 2274, 2283.)

-REFTEXT-

REFERENCES IN TEXT

For provisions relating to the report under section 577 of the

Riegle Community Development and Regulatory Improvement Act of

1994, referred to in subsec. (a)(8), see section 577(a)-(g) of Pub.

L. 103-325, set out as an Evaluation of Erosion Hazards note under

section 4001 of this title.

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-325, Secs. 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. 103-325, Secs. 542, 554(b)(2),

577(h)(2), added pars. (6) to (8), respectively.

1990 - Subsec. (a)(4). Pub. L. 101-508 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. 100-242 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. 98-479 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. 847-849))".

1983 - Subsecs. (a), (b)(5), (c), (d). Pub. L. 98-181 substituted

"Director" for "Secretary" wherever appearing.

1981 - Subsec. (a). Pub. L. 97-35, Sec. 341(c)(1), inserted

reference to subsec. (f) of this section.

Subsec. (f). Pub. L. 97-35, Sec. 341(c)(2), added subsec. (f).

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Oct. 1, 1981, see section

371 of Pub. L. 97-35, set out as an Effective Date note under

section 3701 of Title 12, Banks and Banking.

-TRANS-

TRANSFER OF FUNCTIONS

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 sections 313(1), 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4015, 4016, 4071, 4101,

4126, 4127 of this title.

-End-

-CITE-

42 USC Sec. 4018 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

Sec. 4018. Operating costs and allowances; definitions

-STATUTE-

(a) The Director 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 of this chapter, and such schedules shall from time

to time be prescribed in regulations.

(b) For purposes of subsection (a) of this section -

(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;

(D) other direct, actual, and necessary expenses which the

Director 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

Director finds reasonable and necessary to carry out the purposes

of this chapter.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1311, Aug. 1, 1968, 82 Stat. 579;

Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.

1229.)

-MISC1-

AMENDMENTS

1983 - Subsecs. (a), (b)(1)(D), (2). Pub. L. 98-181 substituted

"Director" for "Secretary" wherever appearing.

-TRANS-

TRANSFER OF FUNCTIONS

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 sections 313(1), 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4014, 4017, 4052, 4081 of

this title.

-End-

-CITE-

42 USC Sec. 4019 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

Sec. 4019. Payment of claims

-STATUTE-

The Director 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.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1312, Aug. 1, 1968, 82 Stat. 579;

Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.

1229.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-181 substituted "Director" for "Secretary".

-TRANS-

TRANSFER OF FUNCTIONS

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 sections 313(1), 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.

-End-

-CITE-

42 USC Sec. 4020 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

Sec. 4020. Dissemination of flood insurance information

-STATUTE-

The Director 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.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1313, Aug. 1, 1968, 82 Stat. 579;

Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.

1229.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-181 substituted "Director" for "Secretary" in

provisions preceding par. (1).

-TRANS-

TRANSFER OF FUNCTIONS

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 sections 313(1), 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.

-End-

-CITE-

42 USC Sec. 4021 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

Sec. 4021. Repealed. Pub. L. 93-234, title II, Sec. 203, Dec. 31,

1973, 87 Stat. 982

-MISC1-

Section, Pub. L. 90-448, title XIII, Sec. 1314, Aug. 1, 1968, 82

Stat. 579, 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".

LOSS, DESTRUCTION, OR DAMAGE OCCURRING ON OR BEFORE DECEMBER 31,

1973

Pub. L. 92-213, Sec. 2(b), Dec. 22, 1971, 85 Stat. 775, made the

provisions of subsec. (a)(2) of section 4021 inapplicable with

respect to any loss, destruction, or damage of real or personal

property that occurred on or before Dec. 31, 1973.

-End-

-CITE-

42 USC Sec. 4022 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

Sec. 4022. State and local land use controls

-STATUTE-

(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 Director 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 Director 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 Director 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 Director.

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 Director 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 Director 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;

(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 Director 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 Director may provide for

credits to flood insurance premium rates in communities that the

Director 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 Director, 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 Director 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 Director for legislation

regarding the program.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1315, Aug. 1, 1968, 82 Stat. 580;

Pub. L. 91-152, title IV, Sec. 410(b), Dec. 24, 1969, 83 Stat. 397;

Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.

1229; Pub. L. 103-325, title V, Secs. 541, 580, Sept. 23, 1994, 108

Stat. 2268, 2285.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(1). Pub. L. 103-325, Sec. 541(1), designated

existing provisions as subsec. (a)(1) and inserted headings.

Subsec. (a)(2). Pub. L. 103-325, Sec. 580, added par. (2).

Subsec. (b). Pub. L. 103-325, Sec. 541(2), added subsec. (b).

1983 - Pub. L. 98-181 substituted "Director" for "Secretary".

1969 - Pub. L. 91-152 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.

-TRANS-

TRANSFER OF FUNCTIONS

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 sections 313(1), 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4017 of this title.

-End-

-CITE-

42 USC Sec. 4023 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

Sec. 4023. Properties in violation of State and local law

-STATUTE-

No new flood insurance coverage shall be provided under this

chapter for any property which the Director 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.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1316, Aug. 1, 1968, 82 Stat. 580;

Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.

1229.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-181 substituted "Director" for "Secretary".

-TRANS-

TRANSFER OF FUNCTIONS

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 sections 313(1), 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.

-End-

-CITE-

42 USC Sec. 4024 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

Sec. 4024. Coordination with other programs

-STATUTE-

In carrying out this chapter, the Director 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.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1317, Aug. 1, 1968, 82 Stat. 581;

Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.

1229.)

-MISC1-

AMENDMENTS

1983 - Pub. L. 98-181 substituted "Director" for "Secretary".

-TRANS-

TRANSFER OF FUNCTIONS

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 sections 313(1), 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.

-End-

-CITE-

42 USC Sec. 4025 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 50 - NATIONAL FLOOD INSURANCE

SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-

Sec. 4025. Flood insurance advisory committee

-STATUTE-

(a) Appointment; duties

The Director 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

Director 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 Director 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.

Members of the committee shall, while attending conferences or

meetings thereof, be entitled to receive compensation at a rate

fixed by the Director 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.

-SOURCE-

(Pub. L. 90-448, title XIII, Sec. 1318, Aug. 1, 1968, 82 Stat. 581;

Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.

1229.)

-REFTEXT-

REFERENCES IN TEXT

The provisions of title 5 governing appointments in the

competitive service, referred to in subsec. (a), are classified to

section 3301 et seq. of Title 5, Government Organization and

Employees.

-MISC1-

AMENDMENTS

1983 - Subsecs. (a), (c). Pub. L. 98-181 substituted "Director"

for "Secretary" wherever appearing.