Studies and investigations
Utilization of services of other Departments and agencies
In carrying out subsection (a), the Administrator 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.
Priority to studies and investigations in States or areas evidencing positive interest in securing insurance under program
The Administrator 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.
Parishes of Louisiana; premium rates
Notwithstanding any other provision of law, any structure existing on , 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.
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 Administrator, on the construction or reconstruction of a flood protection system which will afford flood protection for the one-hundred year frequency flood as determined by the Administrator, 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 Administrator shall find that adequate progress on the construction or reconstruction of a flood protection system, based on the present value of the completed flood protection system, has been made only if: (1) 100 percent of the cost of the system has been authorized; (2) at least 60 percent of the cost of the system has been appropriated; (3) at least 50 percent of the cost of the system has been expended; and (4) the system is at least 50 percent completed. Notwithstanding any other provision of law, in determining whether a community has made adequate progress on the construction, reconstruction, or improvement of a flood protection system, the Administrator shall consider all sources of funding, including Federal, State, and local funds.
Availability of flood insurance in communities restoring disaccredited flood protection systems; criteria; rates
No extension of subsidy to new policies or lapsed policies
Definition
Single-family properties
Multifamily properties
2
Pub. L. 90–448, title XIII, § 130782 Stat. 576Pub. L. 93–234, title I, § 10987 Stat. 980Pub. L. 93–383, title VIII, § 816(b)88 Stat. 739Pub. L. 98–181, title I97 Stat. 1229Pub. L. 101–508, title II, § 2302(e)(1)104 Stat. 1388–24Pub. L. 102–550, title IX, § 928106 Stat. 3886Pub. L. 112–123, § 2(a)126 Stat. 365Pub. L. 112–141, div. F, title II126 Stat. 917Pub. L. 113–89128 Stat. 1021(, , ; , , ; , , ; [title IV, § 451(d)(1)], , ; , , ; , , ; , , ; , §§ 100205(a)(1), (b), 100238(b)(1), , , 918, 958; , §§ 3(a)(1), 14, 15, 19, , , 1026, 1027.)
Editorial Notes
References in Text
Pub. L. 90–44882 Stat. 572section 4001 of this titleThis chapter, referred to in subsecs. (a)(2), (d), (e), and (h)(1)(A), 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. 113–89, § 142014—Subsec. (a)(1)(A). , amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “based on consideration of the risk involved and accepted actuarial principles, and”.
Pub. L. 113–89, § 15Subsec. (a)(2)(E)(ii). , substituted “50 percent” for “30 percent”.
Pub. L. 113–89, § 19(a)(3)Subsec. (e). , inserted before period at end “Notwithstanding any other provision of law, in determining whether a community has made adequate progress on the construction, reconstruction, or improvement of a flood protection system, the Administrator shall consider all sources of funding, including Federal, State, and local funds.”
Pub. L. 113–89, § 19(a)(1), (2), inserted “or reconstruction” after “construction” in first sentence and amended second sentence generally. Prior to amendment, second sentence read as follows: “The Administrator 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.”
Pub. L. 113–89, § 19(b)Subsec. (f). , amended first sentence generally. Prior to amendment, first sentence read as follows: “Notwithstanding any other provision of law, this subsection shall only apply in a community which has been determined by the Administrator 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.”
Pub. L. 113–89, § 3(a)(1)Subsec. (g). , redesignated pars. (3) and (4) as (1) and (2), respectively, substituted “, unless the decision of the policy holder to permit a lapse in flood insurance coverage was as a result of the property covered by the policy no longer being required to retain such coverage” for “as a result of the deliberate choice of the holder of such policy” in par. (1) as redesignated, and struck out former pars. (1) and (2), which read as follows:
“(1) any property not insured by the flood insurance program as of ;
“(2) any property purchased after ;”.
Pub. L. 112–141, § 100238(b)(1)2012—Subsec. (a). , substituted “Administrator” for “Director” in introductory provisions.
Pub. L. 112–141, § 100205(b)Subsec. (a)(1)(B)(iv). , added cl. (iv).
Pub. L. 112–141, § 100205(a)(1)(A)Subsec. (a)(2). , substituted “for—” for “for any residential property which is not the primary residence of an individual; and” and added subpars. (A) to (E).
Pub. L. 112–123 inserted “, except that the Administrator shall not estimate rates under this paragraph for any residential property which is not the primary residence of an individual” before “; and”.
Pub. L. 112–141, § 100238(b)(1)Subsecs. (b), (c), (e), (f). , substituted “Administrator” for “Director” wherever appearing.
Pub. L. 112–141, § 100205(a)(1)(B)Subsecs. (g), (h). , added subsecs. (g) and (h).
Pub. L. 102–5501992—Subsec. (f). added subsec. (f).
Pub. L. 101–508, § 2302(e)(1)(A)1990—Subsec. (a)(1)(B)(iii). –(C), added cl. (iii).
Pub. L. 101–508, § 2302(e)(1)(D)section 4101 of this titleSubsec. (a)(2). , 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 )”.
Pub. L. 98–1811983—Subsecs. (a) to (c), (e). substituted “Director” for “Secretary” wherever appearing.
Pub. L. 93–3831974—Subsec. (e). added subsec. (e).
Pub. L. 93–2341973—Subsec. (d). added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Pub. L. 112–141, div. F, title II, § 100205(a)(2)126 Stat. 918
Effective Date
section 1377 of Pub. L. 90–448section 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.
section 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 .
Repeal of Certain Rate Increases
Pub. L. 113–89, § 3128 Stat. 1021
Repeal.—
In general .—
[Amended this section.]
Effective date .—
Implementation, coordination, and guidance.—
Facilitation of timely refunds .—
Implementation and guidance .—
Refund of excess premium charges collected .—
Assumption of Policies at Existing Premium Rates .—
Pub. L. 113–89Changes in Rates Resulting From
Pub. L. 113–89, § 31(a)128 Stat. 1035
Eligibility for Flood Insurance for Persons Residing in Communities That Have Made Adequate Progress on the Reconstruction or Improvement of a Flood Protection System
Pub. L. 112–141, div. F, title II, § 100230126 Stat. 946
Eligibility for Flood Insurance Coverage.—
In general .—
Adequate progress.—
Reconstruction or improvement .—
Considerations .—
Date of commencement .—
Request for determination .—
Rule of construction .—
Termination of Eligibility.—
Adequate continuing progress .—
Termination .—
Waiver .—
Risk premium rate .—
Additional Authority.—
Additional authority .—
Limitation .—
Termination .—
section 100230 of Pub. L. 112–141section 4004 of this title[For definitions of terms used in , set out above, see .]
Fees
Pub. L. 108–7, div. K, title III117 Stat. 517
Study of Economic Effects of Charging Actuarially Based Premium Rates for Pre-FIRM Structures
Pub. L. 103–325, title V, § 578108 Stat. 2284, , , required the Director of the Federal Emergency Management Agency to conduct a study of the economic effects that would result from increasing premium rates for flood insurance coverage for pre-FIRM structures and submit a report to Congress no later than 12 months after .
Sea Level Rise Study
Pub. L. 101–137, § 5103 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 .