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(continued)
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;
(C) loss adjustment expenses; and
(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 01/19/04

-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 01/19/04

-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 01/19/04

-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 01/19/04

-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.
(C) Prohibition on disaster relief
Notwithstanding any other provision of law, any agricultural
structure repaired or restored pursuant to subparagraph (A)
shall not be eligible for disaster relief assistance under any
program administered by the 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;
(C) to encourage floodplain and erosion management; and
(D) to promote the reduction of Federal flood insurance
losses.
(2) Incentives
The program shall provide incentives in the form of credits on
premium rates for flood insurance coverage in communities that
the 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 01/19/04

-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 01/19/04

-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 01/19/04

-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.
(c) Compensation and travel expenses
Members of the committee shall, while attending conferences or
meetings thereof, be entitled to receive compensation at a rate
fixed by the 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.


-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-
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, 4015 of this title.

-End-



-CITE-
42 USC Sec. 4026 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 50 - NATIONAL FLOOD INSURANCE
SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-
Sec. 4026. Expiration of program

-STATUTE-
No new contract for flood insurance under this chapter shall be
entered into after March 31, 2004.

-SOURCE-
(Pub. L. 90-448, title XIII, Sec. 1319, Aug. 1, 1968, 82 Stat. 581;
Pub. L. 93-4, Feb. 2, 1973, 87 Stat. 4; Pub. L. 93-38, June 5,
1973, 87 Stat. 73; Pub. L. 93-234, title I, Sec. 105, Dec. 31,
1973, 87 Stat. 979; Pub. L. 95-60, Sec. 3, June 30, 1977, 91 Stat.
257; Pub. L. 95-80, Sec. 3, July 31, 1977, 91 Stat. 339; Pub. L.
95-128, title VII, Sec. 701(a), Oct. 12, 1977, 91 Stat. 1144; Pub.
L. 95-406, Sec. 6(a), Sept. 30, 1978, 92 Stat. 880; Pub. L. 95-557,
title III, Sec. 308(a), Oct. 31, 1978, 92 Stat. 2098; Pub. L.
96-153, title VI, Sec. 602(a), Dec. 21, 1979, 93 Stat. 1137; Pub.
L. 97-35, title III, Sec. 341(b)(1), Aug. 13, 1981, 95 Stat. 418;
Pub. L. 97-289, Sec. 4(a), Oct. 6, 1982, 96 Stat. 1231; Pub. L.
98-35, Sec. 4(a), May 26, 1983, 97 Stat. 198; Pub. L. 98-109, Sec.
5(a), Oct. 1, 1983, 97 Stat. 746; Pub. L. 98-181, title IV, Sec.
451(a), Nov. 30, 1983, 97 Stat. 1229; Pub. L. 99-120, Sec. 4(a)(1),
Oct. 8, 1985, 99 Stat. 503; Pub. L. 99-156, Sec. 4(a)(1), Nov. 15,
1985, 99 Stat. 816; Pub. L. 99-219, Sec. 4(a)(1), Dec. 26, 1985, 99
Stat. 1731; Pub. L. 99-267, Sec. 4(a)(1), Mar. 27, 1986, 100 Stat.
74; Pub. L. 99-272, title III, Sec. 3010(a)(1), Apr. 7, 1986, 100
Stat. 106; Pub. L. 99-289, Sec. 1(b), May 2, 1986, 100 Stat. 412;
Pub. L. 99-345, Sec. 1, June 24, 1986, 100 Stat. 673; Pub. L.
99-430, Sept. 30, 1986, 100 Stat. 986; Pub. L. 100-122, Sec. 1,
Sept. 30, 1987, 101 Stat. 793; Pub. L. 100-154, Nov. 5, 1987, 101
Stat. 890; Pub. L. 100-170, Nov. 17, 1987, 101 Stat. 914; Pub. L.
100-179, Dec. 3, 1987, 101 Stat. 1018; Pub. L. 100-200, Dec. 21,
1987, 101 Stat. 1327; Pub. L. 100-242, title V, Sec. 541(a), Feb.
5, 1988, 101 Stat. 1939; Pub. L. 101-137, Sec. 1(a), Nov. 3, 1989,
103 Stat. 824; Pub. L. 101-508, title II, Sec. 2302(a), Nov. 5,
1990, 104 Stat. 1388-23; Pub. L. 103-325, title V, Sec. 571(a),
Sept. 23, 1994, 108 Stat. 2277; Pub. L. 104-204, title III, Sept.
26, 1996, 110 Stat. 2915; Pub. L. 105-46, Sec. 118, Sept. 30, 1997,
111 Stat. 1157; Pub. L. 105-65, title III, Oct. 27, 1997, 111 Stat.
1377; Pub. L. 105-276, title III, title V, Sec. 599D(a), Oct. 21,
1998, 112 Stat. 2502, 2663; Pub. L. 107-73, title III, Nov. 26,
2001, 115 Stat. 689; Pub. L. 108-3, Sec. 2(a)(2), Jan. 13, 2003,
117 Stat. 7; Pub. L. 108-171, Sec. 2(a)(1), Dec. 6, 2003, 117 Stat.
2064.)


-MISC1-
AMENDMENTS
2003 - Pub. L. 108-171 substituted "March 31, 2004" for "December
31, 2003".
Pub. L. 108-3 substituted "after December 31, 2003" for "after
December 31, 2002".
2001 - Pub. L. 107-73 substituted "December 31, 2002" for
"September 30, 2001".
1998 - Pub. L. 105-276, Sec. 599D(a), which directed the
substitution of "2001" for "1998", was executed by substituting
"2001" for "1999" to reflect the probable intent of Congress and
the amendment by Pub. L. 105-276, title III, see below.
Pub. L. 105-276, title III, substituted "1999" for "1998".
1997 - Pub. L. 105-65 substituted "September 30, 1998" for
"October 23, 1997".
Pub. L. 105-46 substituted "October 23, 1997" for "September 30,
1997".
1996 - Pub. L. 104-204 substituted "September 30, 1997" for
"September 30, 1996".
1994 - Pub. L. 103-325 substituted "September 30, 1996" for
"September 30, 1995".
1990 - Pub. L. 101-508 substituted "September 30, 1995" for
"September 30, 1991".
1989 - Pub. L. 101-137 substituted "September 30, 1991" for
"September 30, 1989".
1988 - Pub. L. 100-242 substituted "September 30, 1989" for
"March 15, 1988".
1987 - Pub. L. 100-200 substituted "March 15, 1988" for "December
16, 1987".
Pub. L. 100-179 substituted "December 16, 1987" for "December 2,
1987".
Pub. L. 100-170 substituted "December 2, 1987" for "November 15,
1987".
Pub. L. 100-154 substituted "November 15, 1987" for "October 31,
1987".
Pub. L. 100-122 substituted "October 31, 1987" for "September 30,
1987".
1986 - Pub. L. 99-430 substituted "September 30, 1987" for
"September 30, 1986".
Pub. L. 99-345 substituted "September 30, 1986" for "June 6,
1986".
Pub. L. 99-289 substituted "June 6, 1986" for "April 30, 1986".
Pub. L. 99-272 directed amendment identical to Pub. L. 99-219
substituting "March 17, 1986" for "December 15, 1985".
Pub. L. 99-267 substituted "April 30, 1986" for "March 17, 1986".
1985 - Pub. L. 99-219 substituted "March 17, 1986" for "December
15, 1985".
Pub. L. 99-156 substituted "December 15, 1985" for "November 14,
1985".
Pub. L. 99-120 substituted "November 14, 1985" for "September 30,
1985".
1983 - Pub. L. 98-181 substituted "September 30, 1985" for
"November 30, 1983".
Pub. L. 98-109 substituted "November 30, 1983" for "September 30,
1983".
Pub. L. 98-35 substituted "September 30, 1983" for "May 20,
1983".
1982 - Pub. L. 97-289 substituted "May 20, 1983" for "September
30, 1982".
1981 - Pub. L. 97-35 substituted "1982" for "1981".
1979 - Pub. L. 96-153 substituted "September 30, 1981" for
"September 30, 1980".
1978 - Pub. L. 95-557 substituted "September 30, 1980" for
"October 31, 1978".
Pub. L. 95-406 substituted "October 31, 1978" for "September 30,
1978".
1977 - Pub. L. 95-128 substituted "September 30, 1978" for
"September 30, 1977".
Pub. L. 95-80 substituted "September 30, 1977" for "July 31,
1977".
Pub. L. 95-60 substituted "July 31, 1977" for "June 30, 1977".
1973 - Pub. L. 93-234 substituted expiration of program
provisions for $6,000,000,000 limitation on flood insurance
coverage outstanding.
Pub. L. 93-38 substituted "$6,000,000,000" for "$4,000,000,000".
Pub. L. 93-4 substituted "$4,000,000,000" for "$2,500,000,000".

EFFECTIVE DATE OF 2003 AMENDMENTS
Amendment by Pub. L. 108-171 effective Dec. 31, 2003, see section
2(b) of Pub. L. 108-171, set out as a note under section 4016 of
this title.
Amendment by Pub. L. 108-3 effective Dec. 31, 2002, see section
2(b) of Pub. L. 108-3, set out as a note under section 4016 of this
title.

EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105-276, title V, Sec. 599D(c), Oct. 21, 1998, 112 Stat.
2663, provided that: "The amendments made by this section [amending
this section and section 4056 of this title] are made on, and shall
apply beginning upon, the date of the enactment of this Act [Oct.
21, 1998]."

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.

CONTINUING APPROPRIATIONS FOR FISCAL YEAR 1998
The expiration date of Oct. 23, 1997 (see 1997 Amendment note
above) was temporarily extended to Nov. 7, 1997, by Pub. L. 105-64,
Oct. 23, 1997, 111 Stat. 1343.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 4016, 4056, 4101, 4127 of
this title.

-End-



-CITE-
42 USC Sec. 4027 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 50 - NATIONAL FLOOD INSURANCE
SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-
Sec. 4027. Biennial report to President

-STATUTE-
(a) In general
The Director shall biennially submit a report of operations under
this chapter to the President for submission to the Congress.
(b) Effects of flood insurance program
The Director shall include, as part of the biennial report
submitted under subsection (a) of this section, a chapter reporting
on the effects on the flood insurance program observed through
implementation of requirements under the Riegle Community
Development and Regulatory Improvement Act of 1994.

-SOURCE-
(Pub. L. 90-448, title XIII, Sec. 1320, Aug. 1, 1968, 82 Stat. 581;
Pub. L. 96-470, title II, Sec. 205(b), Oct. 19, 1980, 94 Stat.
2244; Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97
Stat. 1229; Pub. L. 103-325, title V, Sec. 581, Sept. 23, 1994, 108
Stat. 2286.)

-REFTEXT-
REFERENCES IN TEXT
The Riegle Community Development and Regulatory Improvement Act
of 1994, referred to in subsec. (b), is Pub. L. 103-325, Sept. 23,
1994, 108 Stat. 2160. For complete classification of this Act to
the Code, see Short Title note set out under section 4701 of Title
12, Banks and Banking, and Tables.


-MISC1-
AMENDMENTS
1994 - Pub. L. 103-325 designated existing provisions as subsec.
(a), inserted heading, and added subsec. (b).
1983 - Pub. L. 98-181 substituted "Director" for "Secretary".
1980 - Pub. L. 96-470 substituted "biennially submit" for
"include" and struck out "in the annual report" after "under this
chapter" and "required by section 3536 of this title" after "the
Congress".


-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. 4028 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 50 - NATIONAL FLOOD INSURANCE
SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-
Sec. 4028. John H. Chafee Coastal Barrier Resources System

-STATUTE-
(a) No new flood insurance coverage may be provided under this
chapter on or after October 1, 1983, for any new construction or
substantial improvements of structures located on any coastal
barrier within the John H. Chafee Coastal Barrier Resources System
established by section 3503 of title 16. A federally insured
financial institution may make loans secured by structures which
are not eligible for flood insurance by reason of this section.
(b) No new flood insurance coverage may be provided under this
chapter after the expiration of the 1-year period beginning on
November 16, 1990, for any new construction or substantial
improvements of structures located in any area identified and
depicted on the maps referred to in section 3503(a) of title 16 as
an area that is (1) not within the John H. Chafee Coastal Barrier
Resources System and (2) is in an otherwise protected area.
Notwithstanding the preceding sentence, new flood insurance
coverage may be provided for structures in such protected areas
that are used in a manner consistent with the purpose for which the
area is protected.

-SOURCE-
(Pub. L. 90-448, title XIII, Sec. 1321, as added Pub. L. 97-35,
title III, Sec. 341(d)(1), Aug. 13, 1981, 95 Stat. 419; amended
Pub. L. 97-348, Sec. 11(a), Oct. 18, 1982, 96 Stat. 1658; Pub. L.
101-591, Sec. 9, Nov. 16, 1990, 104 Stat. 2938; Pub. L. 106-167,
Sec. 3(c)(7), Dec. 9, 1999, 113 Stat. 1804.)


-MISC1-
AMENDMENTS
1999 - Pub. L. 106-167 amended section catchline and substituted
"John H. Chafee Coastal Barrier Resources System" for "Coastal
Barrier Resources System" in subsecs. (a) and (b).
1990 - Pub. L. 101-591 designated existing provisions as subsec.
(a) and added subsec. (b).
1982 - Subsecs. (a) to (c). Pub. L. 97-348 struck out subsec.
designations in subsecs. (a) and (c), in provisions of former
subsec. (a) substituted "on any coastal barrier within the Coastal
Barrier Resources System established by section 3503 of title 16"
for "on undeveloped coastal barriers which shall be designated by
the Secretary of the Interior", and struck out subsec. (b) which
provided definitions for purposes of this section.

EFFECTIVE DATE
Section effective Oct. 1, 1981, see section 371 of Pub. L. 97-35,
set out as a note under section 3701 of Title 12, Banks and
Banking.

STUDY FOR DESIGNATION OF UNDEVELOPED COASTAL BARRIERS; REPORT AND
RECOMMENDATIONS TO CONGRESS
Section 341(d)(2) of Pub. L. 97-35, relating to a study by the
Secretary of the Interior for the purpose of designating the
undeveloped coastal barriers affected by this section, and
transmittal to Congress of a report on such study, was repealed by
Pub. L. 97-348, Sec. 11(b), Oct. 18, 1982, 96 Stat. 1659.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 16 section 3502.

-End-



-CITE-
42 USC Sec. 4029 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 50 - NATIONAL FLOOD INSURANCE
SUBCHAPTER I - THE NATIONAL FLOOD INSURANCE PROGRAM

-HEAD-
Sec. 4029. Colorado River Floodway

-STATUTE-
(a) Renewal and transfer of policies; acquisition of policies after
filing of maps
Owners of existing National Flood Insurance Act policies with
respect to structures located within the Floodway established under
section 1600c of title 43 shall have the right to renew and
transfer such policies. Owners of existing structures located
within said Floodway on October 8, 1986, who have not acquired
National Flood Insurance Act policies shall have the right to
acquire policies with respect to such structures for six months
after the Secretary of the Interior files the Floodway maps
required by section 1600c(b)(2) )1(! of title 43 and to renew and
transfer such policies.

(b) New coverage for new construction or substantial improvements
No new flood insurance coverage may be provided under this
chapter on or after a date six months after October 8, 1986, for
any new construction or substantial improvements of structures
located within the Colorado River Floodway established by section
1600c of title 43. New construction includes all structures that
are not insurable prior to that date.
(c) Establishment of temporary boundaries
The Secretary of the Interior may by rule after notice and
comment pursuant to section 553 of title 5 establish temporary
Floodway boundaries to be in effect until the maps required by
section 1600c(b)(2) )1(! of title 43 are filed, for the purpose of
enforcing subsections (b) and (d) of this section.
(d) Loans by federally supervised, approved, regulated, or insured
financial institutions
A regulated lending institution or Federal agency lender may make
loans secured by structures which are not eligible for flood
insurance by reason of this section: Provided, That prior to making
such a loan, such institution determines that the loans or
structures securing the loan are within the Floodway.

-SOURCE-
(Pub. L. 90-448, title XIII, Sec. 1322, as added Pub. L. 99-450,
Sec. 12, Oct. 8, 1986, 100 Stat. 1135; amended Pub. L. 100-242,
title V, Sec. 545(e), Feb. 5, 1988, 101 Stat. 1942; Pub. L.
103-325, title V, Sec. 512(b), Sept. 23, 1994, 108 Stat. 2257.)

-REFTEXT-
REFERENCES IN TEXT
The National Flood Insurance Act, referred to in subsec. (a),
probably means the National Flood Insurance Act of 1968, 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.
Section 1600c(b)(2) of title 43, referred to in subsecs. (a) and
(c), was struck out and former subsec. (b)(1)(ii) redesignated
(b)(2) of section 1600c by Pub. L. 105-362, title IX, Sec.
901(d)(1), Nov. 10, 1998, 112 Stat. 3289. As amended, section
1600c(b)(2) no longer relates to maps required to be prepared and
filed by the Secretary.


-MISC1-
AMENDMENTS
1994 - Subsec. (d). Pub. L. 103-325 substituted "regulated
lending institution or Federal agency lender" for "federally
supervised, approved, regulated or insured financial institution".
1988 - Pub. L. 100-242 inserted section catchline.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 43 sections 1600a, 1600k,
1600l.

-FOOTNOTE-
)1(! See References in Text note below.


-End-


-CITE-
42 USC SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF
FLOOD INSURANCE PROGRAM 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 50 - NATIONAL FLOOD INSURANCE
SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE
PROGRAM

-HEAD-
SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE
PROGRAM

-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 4011, 4018 of this
title.

-End-



-CITE-
42 USC Sec. 4041 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 50 - NATIONAL FLOOD INSURANCE
SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE
PROGRAM

-HEAD-
Sec. 4041. Implementation of program

-STATUTE-
Following such consultation with representatives of the insurance
industry as may be necessary, the Director shall implement the
flood insurance program authorized under subchapter I of this
chapter in accordance with the provisions of part A of this
subchapter and, if a determination is made by him under section
4071 of this title, under part B of this subchapter.

-SOURCE-
(Pub. L. 90-448, title XIII, Sec. 1330, 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 Part A - Industry Program With Federal Financial
Assistance 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 50 - NATIONAL FLOOD INSURANCE
SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE
PROGRAM
Part A - Industry Program With Federal Financial Assistance

-HEAD-
PART A - INDUSTRY PROGRAM WITH FEDERAL FINANCIAL ASSISTANCE

-SECREF-
PART REFERRED TO IN OTHER SECTIONS
This part is referred to in sections 4041, 4071, 4084 of this
title.

-End-



-CITE-
42 USC Sec. 4051 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 50 - NATIONAL FLOOD INSURANCE
SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE
PROGRAM
Part A - Industry Program With Federal Financial Assistance

-HEAD-
Sec. 4051. Industry flood insurance pool; requirements for
participation

-STATUTE-
(a) The Director is authorized to encourage and otherwise assist
any insurance companies and other insurers which meet the
requirements prescribed under subsection (b) of this section to
form, associate, or otherwise join together in a pool -
(1) in order to provide the flood insurance coverage authorized
under subchapter I of this chapter; and
(2) for the purpose of assuming, on such terms and conditions
as may be agreed upon, such financial responsibility as will
enable such companies and other insurers, with the Federal
financial and other assistance available under this chapter, to
assume a reasonable proportion of responsibility for the
adjustment and payment of claims for losses under the flood
insurance program.

(b) In order to promote the effective administration of the flood
insurance program under this part, and to assure that the
objectives of this chapter are furthered, the Director is
authorized to prescribe appropriate requirements for insurance
companies and other insurers participating in such pool including,
but not limited to, minimum requirements for capital or surplus or
assets.

-SOURCE-
(Pub. L. 90-448, title XIII, Sec. 1331, Aug. 1, 1968, 82 Stat. 582;
Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.
1229.)

-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in subsec. (b), 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
1983 - 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 4013, 4015, 4052, 4054,
4055, 4082 of this title.

-End-



-CITE-
42 USC Sec. 4052 01/19/04

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 50 - NATIONAL FLOOD INSURANCE
SUBCHAPTER II - ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE
PROGRAM
Part A - Industry Program With Federal Financial Assistance

-HEAD-
Sec. 4052. Agreements with flood insurance pool

-STATUTE-
(a) Authorization
The Director is authorized to enter into such agreements with the
pool formed or otherwise created under this part as he deems
necessary to carry out the purposes of this chapter.
(b) Terms and conditions
Such agreements shall specify -
(1) the terms and conditions under which risk capital will be
available for the adjustment and payment of claims,
(2) the terms and conditions under which the pool (and the
companies and other insurers participating therein) shall
participate in premiums received and profits or losses realized
or sustained,
(3) the maximum amount of profit, established by the Director
and set forth in the schedules prescribed under section 4018 of
this title, which may be realized by such pool (and the companies
and other insurers participating therein),
(4) the terms and conditions under which operating costs and
allowances set forth in the schedules prescribed under section
4018 of this title may be paid, and
(5) the terms and conditions under which premium equalization
payments under section 4054 of this title will be made and
reinsurance claims under section 4055 of this title will be paid.
(c) Additional provisions
In addition, such agreements shall contain such provisions as the
Director finds necessary to assure that -
(1) no insurance company or other insurer which meets the
requirements prescribed under section 4051(b) of this title, and
which has indicated an intention to participate in the flood
insurance program on a risk-sharing basis, will be excluded from
participating in the pool,
(2) the insurance companies and other insurers participating in
the pool will take whatever action may be necessary to provide
continuity of flood insurance coverage by the pool, and
(3) any insurance companies and other insurers, insurance
agents and brokers, and insurance adjustment organizations will
be permitted to cooperate with the pool as fiscal agents or
otherwise, on other than a risk-sharing basis, to the maximum
extent practicable.

-SOURCE-
(Pub. L. 90-448, title XIII, Sec. 1332, Aug. 1, 1968, 82 Stat. 582;
Pub. L. 98-181, title IV, Sec. 451(d)(1), Nov. 30, 1983, 97 Stat.
1229.)


-MISC1-
AMENDMENTS
1983 - Subsecs. (a), (b)(3), (c). 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
theDirector of the Federal Emergency Management Agency relating (continued)