42 U.S.C. § 4012 | Scope of program and priorities

(a)

Priority for insurance for certain residential and church properties and business concerns

In carrying out the flood insurance program the Administrator shall afford a priority to making flood insurance available to cover residential properties which are designed for the occupancy of from one to four families, church properties, and business properties which are owned or leased and operated by small business concerns.

(b)

Availability of insurance for other properties

If on the basis of—

(1)

section 4014 of this title studies and investigations undertaken and carried out and information received or exchanged under , and

(2)

such other information as may be necessary,

the Administrator determines that it would be feasible to extend the flood insurance program to cover other properties, he may take such action under this chapter as from time to time may be necessary in order to make flood insurance available to cover, on such basis as may be feasible, any types and classes of—

(A)

other residential properties not described in subsection (a) or (d),

(B)

other business properties,

(C)

agricultural properties,

(D)

properties occupied by private nonprofit organizations, and

(E)

properties owned by State and local governments and agencies thereof,

and any such extensions of the program to any types and classes of these properties shall from time to time be prescribed in regulations.

(c)

Availability of insurance in States or areas evidencing positive interest in securing insurance and assuring adoption of adequate land use and control measures

The Administrator shall make flood insurance available in only those States or areas (or subdivisions thereof) which he has determined have—

(1)

evidenced a positive interest in securing flood insurance coverage under the flood insurance program, and

(2)

December 31, 1971section 4102 of this title given satisfactory assurance that by , 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 , and that the application and enforcement of such measures will commence as soon as technical information on floodways and on controlling flood elevations is available.

(d)

Availability of insurance for multifamily properties

(1)

In general

The Administrator shall make flood insurance available to cover residential properties of 5 or more residences. Notwithstanding any other provision of law, the maximum coverage amount that the Administrator may make available under this subsection to such residential properties shall be equal to the coverage amount made available to commercial properties.

(2)

Rule of construction

Nothing in this subsection shall be construed to limit the ability of individuals residing in residential properties of 5 or more residences to obtain insurance for the contents and personal articles located in such residences.

Pub. L. 90–448, title XIII, § 1305Aug. 1, 196882 Stat. 574 Pub. L. 91–152, title IV, § 410(a)Dec. 24, 196983 Stat. 397 Pub. L. 92–213, § 2(c)(1)Dec. 22, 197185 Stat. 775 Pub. L. 98–181, title INov. 30, 198397 Stat. 1229 Pub. L. 112–141, div. F, title IIJuly 6, 2012126 Stat. 916(, , ; , , ; , , ; [title IV, § 451(d)(1)], , ; , §§ 100204, 100238(b)(1), , , 958.)

Editorial Notes

References in Text

Pub. L. 90–448Aug. 1, 196882 Stat. 572 section 4001 of this titleThis chapter, referred to in subsec. (b), was in the original a reference to “this title” meaning title XIII of , , , known as the National Flood Insurance Act of 1968, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 112–141, § 100238(b)(1)2012—Subsec. (a). , substituted “Administrator” for “Director”.

Pub. L. 112–141, § 100238(b)(1)Subsec. (b). , substituted “Administrator” for “Director” in concluding provisions following par. (2).

Pub. L. 112–141, § 100204(1)Subsec. (b)(A). , which directed amendment of subsec. (b)(2)(A) by inserting “not described in subsection (a) or (d)” after “properties”, was executed by making the insertion in subpar. (A) following first concluding provisions to reflect the probable intent of Congress.

Pub. L. 112–141, § 100238(b)(1)Subsec. (c). , substituted “Administrator” for “Director” in introductory provisions.

Pub. L. 112–141, § 100204(2)Subsec. (d). , added subsec. (d).

Pub. L. 98–1811983— substituted “Director” for “Secretary” wherever appearing.

Pub. L. 92–2131971—Subsec. (a). inserted reference to church properties.

Pub. L. 91–152December 31, 1971June 30, 19701969—Subsec. (c)(2). substituted “, adequate” for “, permanent”.

Statutory Notes and Related Subsidiaries

Effective Date

Aug. 1, 1968Aug. 1, 1968section 1377 of Pub. L. 90–448 section 4001 of this titleSection effective 120 days following , or such later date prescribed by the Secretary but in no event more than 180 days following , see , set out as a note under .

Transfer of Functions

section 315(a)(1) of Title 6For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see , Domestic Security.

November 25, 2002section 542 of Title 6For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under .