42 U.S.C. § 4005 — Definitions applicable to Homeowner

Page 6006 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4005 1 See References in Text note below. flood having a 0.2-percent chance of being equaled or exceeded in any given year. (3) Administrator The term ‘‘Administrator’’ means the Ad- ministrator of the Federal Emergency Man- agement Agency. (4) National Flood Insurance Program The term ‘‘National Flood Insurance Pro- gram’’ means the program established under the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.). (5) Write Your Own The term ‘‘Write Your Own’’ means the co- operative undertaking between the insurance industry and the Federal Insurance Adminis- tration which allows participating property and casualty insurance companies to write and service standard flood insurance policies. (b) Common terminology Except as otherwise provided in this subtitle, any terms used in this subtitle shall have the meaning given to such terms under section 1370 of the National Flood Insurance Act of 1968 (42 U.S.C. 4121). (Pub. L. 112–141, div. F, title II, § 100202, July 6, 2012, 126 Stat. 916.) Editorial Notes REFERENCES IN TEXT This subtitle, referred to in subsecs. (a) and (b), is subtitle A (§§ 100201–100249) of title II of div. F of Pub. L. 112–141, July 6, 2012, 126 Stat. 916, known as the Biggert-Waters Flood Insurance Reform Act of 2012. For complete classification of this subtitle to the Code, see Short Title of 2012 Amendment note set out under section 4001 of this title and Tables. The National Flood Insurance Act of 1968, referred to in subsec. (a)(4), is title XIII of Pub. L. 90–448, Aug. 1, 1968, 82 Stat. 572, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of this title and Tables. CODIFICATION Section was enacted as part of the Biggert-Waters Flood Insurance Reform Act of 2012, and also as part of the Moving Ahead for Progress in the 21st Century Act, also known as the MAP–21, and not as part of National Flood Insurance Act of 1968 which comprises this chap- ter. § 4005. Definitions applicable to Homeowner Flood Insurance Affordability Act of 2014 For purposes of this title,1 the following defi- nitions shall apply: (1) Administrator The term ‘‘Administrator’’ means the Ad- ministrator of the Federal Emergency Man- agement Agency. (2) National Flood Insurance Program The term ‘‘National Flood Insurance Pro- gram’’ means the program established under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.). (Pub. L. 113–89, § 2, Mar. 21, 2014, 128 Stat. 1020.) Editorial Notes REFERENCES IN TEXT This title, referred to in text, probably should read ‘‘this Act’’, meaning Pub. L. 113–89, Mar. 21, 2014, 128 Stat. 1020, known as the Homeowner Flood Insurance Affordability Act of 2014, which does not contain titles. For complete classification of this Act to the Code, see Short Title of 2014 Amendment note set out under sec- tion 4001 of this title and Tables. The National Flood Insurance Act of 1968, referred to in par. (2), is title XIII of Pub. L. 90–448, Aug. 1, 1968, 82 Stat. 572, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of this title and Tables. CODIFICATION Section was enacted as part of the Homeowner Flood Insurance Affordability Act of 2014, and not as part of the National Flood Insurance Act of 1968 which com- prises this chapter. SUBCHAPTER I—THE NATIONAL FLOOD INSURANCE PROGRAM § 4011. Authorization to establish and carry out program (a) Authorization and establishment To carry out the purposes of this chapter, the Administrator of the Federal Emergency Man- agement 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 estab- lished 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 for— (1) properties that are repetitive loss struc- tures; (2) properties that are substantially dam- aged structures; (3) properties that have sustained flood dam- age on multiple occasions, if the Adminis- trator determines that it is cost-effective and in the best interests of the National Flood In- surance Fund to require the implementation of such measures; and (4) properties for which an offer of mitiga- tion assistance is made under— (A) section 4104c of this title (Flood Miti- gation Assistance Program); (B) the Hazard Mitigation Grant Program authorized under section 5170c of this title; (C) the Predisaster Hazard Mitigation Pro- gram under section 5133 of this title; 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