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42 U.S.C. § 4017 — Policy disclosures
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Notwithstanding any other provision of law, in addition to any other disclosures that may be required, each policy under the National Flood Insurance Program shall state all conditions, exclusions, and other limitations pertaining to coverage under the subject policy, regardless of the underlying insurance product, in plain English, in boldface type, and in a font size that is twice the size of the text of the body of the policy.
**(b) Violations** The Administrator may impose a civil penalty of not more than $50,000 on any person that fails to comply with subsection (a).
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Source file: Laws/federal/codes/united-states-code/title-42/section-4017-policy-disclosures--a0169cc8b2.md
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Source location: Title 42, Chapter 50, § 4017; chapter-050-national-flood-insurance.md
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**(a) In general** Notwithstanding any other provision of law, in addition to any other disclosures that may be required, each policy under the National Flood Insurance Program shall state all conditions, exclusions, and other limitations pertaining to coverage under the subject policy, regardless of the underlying insurance product, in plain English, in boldface type, and in a font size that is twice the size of the text of the body of the policy.
**(b) Violations** The Administrator may impose a civil penalty of not more than $50,000 on any person that fails to comply with subsection (a).
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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)** 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) 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) Authority to issue notes and other obligations** All authority which was vested in the Housing and Home Finance Administrator by virtue of [section 2414(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2414/e&num=0&edition=prelim) (pertaining to the issue of notes or other obligations to the Secretary of the Treasury), as amended by subsections (a) and (b) of section 1303 of this Act, shall be available to the Administrator for the purpose of carrying out the flood insurance program under this chapter; except that the total amount of notes and obligations which may be issued by the Administrator pursuant to such authority (1) without the approval of the President, may not exceed $500,000,000, and (2) with the approval of the President, may not exceed $1,500,000,000 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), and $1,000,000,000 thereafter; except that, through September 30, 2023,11 See Extension of Limitation on Financing Provisions note below. clause (2) of this sentence shall be applied by substituting “$30,425,000,000” for “$1,500,000,000”. The Administrator shall report to the Committee on Banking, Finance and Urban Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate at any time when he requests the approval of the President in accordance with the preceding sentence.
**(b) Deposit of borrowed funds** Any funds borrowed by the Administrator under this authority shall, from time to time, be deposited in the National Flood Insurance Fund established under [section 4017 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4020
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Federal law — U.S. Code and appendices · legal_authorities
(1) **In general** — The Administrator shall, on an annual basis, submit a full report on the operations, activities, budget, receipts, and expenditures of the National Flood Insurance Program for the preceding 12-month period to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives.
(2) **Timing** — Each report required under paragraph (1) shall be submitted to the committees described in paragraph (1) not later than 3 months following the end of each fiscal year.
(3) **Contents** — Each report required under paragraph (1) shall include—
(A) the current financial condition and income statement of 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), including—
(i) premiums paid into such Fund;
(ii) policy claims against such Fund; and
(iii) expenses in administering such Fund;
(B) the number and face value of all policies issued under the National Flood Insurance Program that are in force;
(C) a description and summary of the losses attributable to repetitive loss structures;
(D) a description and summary of all losses incurred by the National Flood Insurance Program due to—
(i) hurricane related damage; and
(ii) nonhurricane related damage;
(E) the amounts made available by the Administrator for mitigation assistance under [section 4104c(c)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4104c/c/4&num=0&edition=prelim), as so redesignated by this Act, for the purchase of properties substantially damaged by flood for that fiscal year, and the actual number of flood damag
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4031
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** If at any time, after consultation with representatives of the insurance industry, the Administrator determines that operation of the flood insurance program as provided under part A cannot be carried out, or that such operation, in itself, would be assisted materially by the Federal Government’s assumption, in whole or in part, of the operational responsibility for flood insurance under this chapter (on a temporary or other basis) he shall promptly undertake any necessary arrangements to carry out the program of flood insurance authorized under subchapter I through the facilities of the Federal Government, utilizing, for purposes of providing flood insurance coverage, either—
(1) insurance companies and other insurers, insurance agents and brokers, and insurance adjustment organizations, as fiscal agents of the United States,
(2) such other officers and employees of any executive agency (as defined in [section 105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim)) as the Administrator and the head of any such agency may from time to time, agree upon, on a reimbursement or other basis, or
(3) both the alternatives specified in paragraphs (1) and (2).
**(b)** Upon making the determination referred to in subsection (a), the Administrator shall make a report to the Congress and, at the same time, to the private insurance companies participating in the National Flood Insurance Program pursuant to [section 4017 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4017&num=0&edition=prelim). Such report shall—
(1) state the reason for such determinations,
(2) be supported by pertinent findings,
(3) indicate the extent to which it is anticipated that the insuranc
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4041
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Administrator** — The term “Administrator” means the Administrator of the Federal Emergency Management Agency.
(2) **COASTAL Formula** — The term “COASTAL Formula” means the formula established under subsection (b).
(3) **Coastal State** — The term “coastal State” has the meaning given the term “coastal state” in [section 1453 of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1453&num=0&edition=prelim), except that the term shall not apply with respect to a State or territory that has an operational wind and flood loss allocation system.
(4) **Indeterminate loss**
(A) *In general* — The term “indeterminate loss” means, as determined by an insurance claims adjuster certified under the national flood insurance program and in consultation with an engineer as appropriate, a loss resulting from physical damage to, or loss of, property located in any coastal State arising from the combined perils of flood and wind associated with a named storm.
(B) *Requirements* — An insurance claims adjuster certified under the national flood insurance program shall only determine that a loss is an indeterminate loss if the claims adjuster determines that—
(i) no material remnant of physical buildings or man-made structures remain except building foundations for the specific property for which the claim is made; and
(ii) there is insufficient or no tangible evidence created, yielded, or otherwise left behind of the specific property for which the claim is made as a result of the named storm.
(5) **Named storm** — The term “named storm” means any organized weather system with a defined surface circulation and maximum sustained winds of not less than 39 miles per hour which the National Hurr
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4084
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Publication of information; establishment of flood-risk zones; estimates of flood-caused loss** The Administrator is authorized to consult with, receive information from, and enter into any agreements or other arrangements with the Secretaries of the Army, the Interior, Agriculture, and Commerce, the Tennessee Valley Authority, and the heads of other Federal departments or agencies, on a reimbursement basis, or with the head of any State or local agency, or enter into contracts with any persons or private firms, in order that he may—
(1) identify and publish information with respect to all flood plain areas, including coastal areas located in the United States, which has special flood hazards, within five years following August 1, 1968, and
(2) establish or update flood-risk zone data in all such areas, and make estimates with respect to the rates of probable flood caused loss for the various flood risk zones for each of these areas until 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).
**(b) Accelerated identification of flood-risk zones; authority of Administrator: grants, technical assistance, transactions, and payments** The Administrator is directed to accelerate the identification of risk zones within flood-prone and mudslide-prone areas, as provided by subsection (a)(2) of this section, in order to make known the degree of hazard within each such zone at the earliest possible date. To accomplish this objective, the Administrator is authorized, without regard to subsections (a) and (b) of [section 3324 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3324&num=0&edition=prelim) and [section 6101 of title 41](http
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4101e
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Publication or notification of proposed flood elevation determinations** In establishing projected flood elevations and designating areas having special flood hazards for land use purposes with respect to any community pursuant to [section 4102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4102&num=0&edition=prelim), the Administrator shall first propose such determinations and designations by publication for comment in the Federal Register, by direct notification to the chief executive officer of the community, and by publication in a prominent local newspaper.
**(b) Publication of flood elevation determinations; appeal of owner or lessee to local government; scientific or technical knowledge or information as basis for appeal; modification of proposed determinations** The Administrator shall publish notification of flood elevation determinations and designations of areas having special flood hazards in a prominent local newspaper at least twice during the ten-day period following notification to the local government. During the ninety-day period following the second publication, any owner or lessee of real property within the community who believes his property rights to be adversely affected by the Administrator’s proposed determination may appeal such determination to the local government. The sole grounds for appeal shall be the possession of knowledge or information indicating that (1) the elevations being proposed by the Administrator with respect to an identified area having special flood hazards are scientifically or technically incorrect, or (2) the designation of an identified special flood hazard area is scientifically or technically incorrect.
**(c) Appeals by private persons; submission of negativing or
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4104d
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Federal law — U.S. Code and appendices · legal_authorities
Page 6032
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 4017
and (b) [amending this section and section 4026 of this
title] shall be considered to have taken effect on May
31, 2010.’’
EFFECTIVE DATE OF 2004 AMENDMENT
Pub. L. 108–199, div. H, § 136(b), Jan. 23, 2004, 118 Stat.
442, provided that: ‘‘The amendments made by this sec-
tion [amending this section and sections 4026, 4056, and
4127 of this title] shall be considered to have taken ef-
fect on December 31, 2003.’’
EFFECTIVE DATE OF 2003 AMENDMENTS
Pub. L. 108–171, § 2(b), Dec. 6, 2003, 117 Stat. 2064, pro-
vided that: ‘‘The amendments made by this section
[amending this section and sections 4026, 4056, and 4127
of this title] shall be considered to have taken effect on
December 31, 2003.’’
Pub. L. 108–3, § 2(b), Jan. 13, 2003, 117 Stat. 7, provided
that: ‘‘The amendments made by this section [amend-
ing this section and sections 4026, 4056, and 4127 of this
title] shall be considered to have taken effect on De-
cember 31, 2002.’’
EFFECTIVE DATE
Section effective 120 days following Aug. 1, 1968, or
such later date prescribed by the Secretary but in no
event more than 180 days following Aug. 1, 1968, see sec-
tion 1377 of Pub. L. 90–448, set out as a note under sec-
tion 4001 of this title.
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, com-
ponents, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emer-
gency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and li-
abilities of the Federal Emergency Management Agen-
cy, including the functions of the Direc
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4017
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