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42 U.S.C. § 4014 — Authorization to establish and carry out program
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization and establishment** To carry out the purposes of this chapter, the Administrator 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) shall enable the purchase of insurance to cover the cost of implementing measures that are consistent with land use and control measures established by the community under [section 4102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4102&num=0&edition=prelim) for—
(1) properties that are repetitive loss structures;
(2) properties that are substantially damaged structures;
(3) properties that have sustained flood damage on multiple occasions, if the Administrator determines that it is cost-effective and in the best interests of the National Flood Insurance Fund to require the implementation of such measures; and
(4) properties for which an offer of mitigation assistance is made under—
(A) [section 4104c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4104c&num=0&edition=prelim) (Flood Mitigation Assistance Program);
(B) the Hazard Mitigation Grant Program authorized under [section 5170c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5170c&num=0&edition=prelim);
(C) the Predisaster Hazard Mitigation Program under [section 5133 of this title](ht
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Stable record: federal_law:legal_authorities:record_usc_5930d63521cd3c900081b46b
Source file: Laws/federal/codes/united-states-code/title-42/section-4014-authorization-to-establish-and-carry-out-program--418e18979d.md
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Source location: Title 42, Chapter 50, § 4014; chapter-050-national-flood-insurance.md
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**(a) Authorization and establishment** To carry out the purposes of this chapter, the Administrator 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) shall enable the purchase of insurance to cover the cost of implementing measures that are consistent with land use and control measures established by the community under [section 4102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4102&num=0&edition=prelim) for—
(1) properties that are repetitive loss structures;
(2) properties that are substantially damaged structures;
(3) properties that have sustained flood damage on multiple occasions, if the Administrator determines that it is cost-effective and in the best interests of the National Flood Insurance Fund to require the implementation of such measures; and
(4) properties for which an offer of mitigation assistance is made under—
(A) [section 4104c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4104c&num=0&edition=prelim) (Flood Mitigation Assistance Program);
(B) the Hazard Mitigation Grant Program authorized under [section 5170c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5170c&num=0&edition=prelim);
(C) the Predisaster Hazard Mitigation Program under [section 5133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5133&num=0&edition=prelim); and
(D) any programs authorized or for which funds are appropriated to address any unmet needs or for which supplemental funds are made available.
The Administrator 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.
**(c) Participation and risk sharing by insurers** In carrying out the flood insurance program the Administrator 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.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 90–448, title XIII, § 1362, Aug. 1, 1968, 82 Stat. 588; Pub. L. 95–128, title VII, § 704(b), Oct. 12, 1977, 91 Stat. 1145; Pub. L. 98–181, title I [title IV, § 451(d)(1)], Nov. 30, 1983, 97 Stat. 1229, related to purchase, by Director, of insured properties damaged substantially beyond repair by flood, for subsequent transfer to State or local agency upon negotiated conditions.
#### Savings Provision
Pub. L. 103–325, title V, § 551(c), Sept. 23, 1994, 108 Stat. 2269, required the Director of the Federal Emergency Management Agency to comply with any purchase or loan commitment entered into before the expiration of the 1-year period beginning on Sept. 23, 1994, pursuant to authority under this section or section 551(b) of Pub. L. 103–325.
#### Transition Phase
Pub. L. 103–325, title V, § 551(b), Sept. 23, 1994, 108 Stat. 2269, permitted the Director of the Federal Emergency Management Agency to enter into loan and purchase commitments as provided under this section (as in effect immediately before the enactment of Pub. L. 103–325) during the 1-year period beginning on Sept. 23, 1994.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4104c
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** There are hereby authorized to be appropriated such sums as may from time to time be necessary to carry out this chapter, including sums—
(1) to cover administrative expenses authorized under [section 4126 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4126&num=0&edition=prelim);
(2) to reimburse the National Flood Insurance Fund established under [section 4017 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4017&num=0&edition=prelim) for—
(A) premium equalization payments under [section 4054 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4054&num=0&edition=prelim) which have been made from such fund; and
(B) reinsurance claims paid under the excess loss reinsurance coverage provided under [section 4055 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4055&num=0&edition=prelim); and
(3) to make such other payments as may be necessary to carry out the purposes of this chapter.
**(b)** All such funds shall be available without fiscal year limitation.
**(c)** There are authorized to be appropriated such sums as may be necessary through the date specified in [section 4026 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4026&num=0&edition=prelim), for studies under this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition of small impoverished community** In this section, the term “small impoverished community” means a community of 3,000 or fewer individuals that is economically disadvantaged, as determined by the State in which the community is located and based on criteria established by the President.
**(b) Establishment of program** The President may establish a program to provide technical and financial assistance to States and local governments to assist in the implementation of predisaster hazard mitigation measures that are cost-effective and are designed to reduce injuries, loss of life, and damage and destruction of property, including damage to critical services and facilities under the jurisdiction of the States or local governments.
**(c) Approval by President** If the President determines that a State or local government has identified natural disaster hazards in areas under its jurisdiction and has demonstrated the ability to form effective public-private natural disaster hazard mitigation partnerships, the President, using amounts in the National Public Infrastructure Predisaster Mitigation Fund established under subsection (i) (referred to in this section as the “Fund”), may provide technical and financial assistance to the State or local government to be used in accordance with subsection (e).
**(d) State recommendations**
(1) **In general**
(A) *Recommendations* — The Governor of each State may recommend to the President not fewer than five local governments to receive assistance under this section.
(B) *Deadline for submission* — The recommendations under subparagraph (A) shall be submitted to the President not later than October 1, 2001, and each October 1st thereafter or such later date in the year as the President may establish.
(C) *C
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5133
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** There is established a council to be known as the Technical Mapping Advisory Council (in this section referred to as the “Council”).
**(b) Membership**
(1) **In general** — The Council shall consist of—
(A) the Administrator (or the designee thereof);
(B) the Secretary of the Interior (or the designee thereof);
(C) the Secretary of Agriculture (or the designee thereof);
(D) the Under Secretary of Commerce for Oceans and Atmosphere (or the designee thereof); and
(E) 16 additional members appointed by the Administrator or the designee of the Administrator, who shall be—
(i) a member of a recognized professional surveying association or organization;
(ii) a member of a recognized professional mapping association or organization;
(iii) a member of a recognized professional engineering association or organization;
(iv) a member of a recognized professional association or organization representing flood hazard determination firms;
(v) a representative of the United States Geological Survey;
(vi) a representative of a recognized professional association or organization representing State geographic information;
(vii) a representative of State national flood insurance coordination offices;
(viii) a representative of the Corps of Engineers;
(ix) a member of a recognized regional flood and storm water management organization;
(x) 2 representatives of different State government agencies that have entered into cooperating technical partnerships with the Administrator and have demonstrated the capability to produce flood insurance rate maps;
(xi) 2 representatives of different local government agencies that have entered into cooperating technical partnerships with the Administrator and have
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4102
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Federal law — U.S. Code and appendices · legal_authorities
**(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) studies and investigations undertaken and carried out and information received or exchanged under [section 4014 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4014&num=0&edition=prelim), 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 thereo
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4015
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 542
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Federal law — U.S. Code and appendices · legal_authorities
No cause of action shall exist and no claim may be brought against the United States for violation of any notification requirement imposed upon the United States by this subtitle or any amendment made by this subtitle.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4004
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The President may contribute up to 75 percent of the cost of hazard mitigation measures which the President has determined are cost effective and which substantially reduce the risk of, or increase resilience to, future damage, hardship, loss, or suffering in any area affected by a major disaster, or any area affected by a fire for which assistance was provided under [section 5187 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5187&num=0&edition=prelim). Such measures shall be identified following the evaluation of natural hazards under [section 5165 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5165&num=0&edition=prelim) and shall be subject to approval by the President. Subject to [section 5165 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5165&num=0&edition=prelim), the total of contributions under this section for a major disaster or event under [section 5187 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5187&num=0&edition=prelim) shall not exceed 15 percent for amounts not more than $2,000,000,000, 10 percent for amounts of more than $2,000,000,000 and not more than $10,000,000,000, and 7.5 percent on amounts of more than $10,000,000,000 and not more than $35,333,000,000 of the estimated aggregate amount of grants to be made (less any associated administrative costs) under this chapter with respect to the major disaster or event under [section 5187 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5187&num=0&edition=prelim).
**(b) Property acquisition and relocation assistance**
(1) **General authority** — In providing hazard mi
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5170c
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; terms and conditions** On the basis of estimates made under [section 4014 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4014&num=0&edition=prelim), and such other information as may be necessary, the Administrator shall from time to time prescribe, after providing notice—
(1) chargeable premium rates for any types and classes of properties for which insurance coverage shall be available under [section 4012 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4012&num=0&edition=prelim) (at less than the estimated risk premium rates under [section 4014(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4014/a/1&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4014/a&num=0&edition=prelim), to provide for any administrative expenses o
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4018
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Imposition and collection** The Administrator shall impose and collect an annual surcharge, in the amount provided in subsection (b), on all policies for flood insurance coverage under the National Flood Insurance Program that are newly issued or renewed after March 21, 2014. Such surcharge shall be in addition to the surcharge under [section 4011(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4011/b&num=0&edition=prelim) and any other assessments and surcharges applied to such coverage.
**(b) Amount** The amount of the surcharge under subsection (a) shall be—
(1) $25, except as provided in paragraph (2); and
(2) $250, in the case of a policy for any property that is—
(A) a non-residential property; or
(B) a residential property that is not the primary residence of an individual.
**(c) Termination** Subsections (a) and (b) shall cease to apply on the date on which the chargeable risk premium rate for flood insurance under this chapter for each property covered by flood insurance under this chapter, other than properties for which premiums are calculated under subsection (e) or (f) of [section 4014 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4014&num=0&edition=prelim) or [section 4056 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4056&num=0&edition=prelim) or under section 100230 of the Biggert-Waters Flood Insurance Reform Act of 2012 ([42 U.S.C. 4014](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4014&num=0&edition=prelim) note), is not less than the applicable estimated risk premium rate under [section 4014(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-preli
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4019
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