US Code

Public Law 119-73 (01/23/2026)

42 U.S.C. § 4019

Payment of claims

(a)

In general

The Administrator is authorized to prescribe regulations establishing the general method or methods by which proved and approved claims for losses may be adjusted and paid for any damage to or loss of property which is covered by flood insurance made available under the provisions of this chapter.

(b)

Minimum annual deductible

(1)

Pre-firm properties

section 4101 of this titleFor any structure which is covered by flood insurance under this chapter, and on which construction or substantial improvement occurred on or before , or before the effective date of an initial flood insurance rate map published by the Administrator under for the area in which such structure is located, the minimum annual deductible for damage to such structure shall be—
(A)
$1,500, if the flood insurance coverage for such structure covers loss of, or physical damage to, such structure in an amount equal to or less than $100,000; and
(B)
$2,000, if the flood insurance coverage for such structure covers loss of, or physical damage to, such structure in an amount greater than $100,000.
(2)

Post-firm properties

section 4101 of this titleFor any structure which is covered by flood insurance under this chapter, and on which construction or substantial improvement occurred after , or after the effective date of an initial flood insurance rate map published by the Administrator under for the area in which such structure is located, the minimum annual deductible for damage to such structure shall be—
(A)
$1,000, if the flood insurance coverage for such structure covers loss of, or physical damage to, such structure in an amount equal to or less than $100,000; and
(B)
$1,250, if the flood insurance coverage for such structure covers loss of, or physical damage to, such structure in an amount greater than $100,000.
(c)

Payment of claims to condominium owners

The Administrator may not deny payment for any damage to or loss of property which is covered by flood insurance to condominium owners who purchased such flood insurance separate and apart from the flood insurance purchased by the condominium association in which such owner is a member, based solely, or in any part, on the flood insurance coverage of the condominium association or others on the overall property owned by the condominium association.

Pub. L. 90–448, title XIII, § 131282 Stat. 579Pub. L. 98–181, title I97 Stat. 1229Pub. L. 112–141, div. F, title II126 Stat. 920(, , ; [title IV, § 451(d)(1)], , ; , §§ 100210, 100214, , , 924.)

Editorial Notes

References in Text

Pub. L. 90–44882 Stat. 572section 4001 of this titleThis chapter, referred to in subsecs. (a) and (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, § 1002102012—, designated existing provisions as subsec. (a) and inserted heading, substituted “The Administrator is” for “The Director is”, and added subsec. (b).

Pub. L. 112–141, § 100214Subsec. (c). , added subsec. (c).

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

Statutory Notes and Related Subsidiaries

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 .