42 U.S.C. § 4129 — Federal Insurance Administrator; estab-

Page 6085 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4129 1980, not to exceed $61,600,000 for the fiscal year 1981, not to exceed $42,600,000 for the fiscal year 1982, not to exceed $49,752,000 for the fiscal year 1984, and such sums as may be necessary for fiscal year 1985.’’ 1983—Subsec. (c). Pub. L. 98–181 inserted ‘‘not to ex- ceed $49,752,000 for the fiscal year 1984, and such sums as may be necessary for fiscal year 1985’’. 1981—Subsec. (c). Pub. L. 97–35 authorized appropria- tion of not to exceed $42,600,000 for fiscal year 1982. 1980—Subsec. (c). Pub. L. 96–399 authorized appropria- tion of not to exceed $61,600,000 for fiscal year 1981. 1979—Subsec. (c). Pub. L. 96–153 authorized appropria- tion of $74,000,000 for fiscal year 1980. 1978—Subsec. (c). Pub. L. 95–557 substituted ‘‘not to exceed $108,000,000 for the fiscal year 1978, and not to ex- ceed $114,000,000 for the fiscal year 1979’’ for ‘‘and not to exceed $108,000,000 for the fiscal year 1978’’. 1977—Subsec. (c). Pub. L. 95–128 authorized appropria- tion of $108,000,000 for fiscal year 1978. 1976—Subsec. (c). Pub. L. 94–375 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108–199 considered to have taken effect on Dec. 31, 2003, see section 136(b) of div. H of Pub. L. 108–199, set out as a note under section 4016 of this title. EFFECTIVE DATE OF 2003 AMENDMENTS Amendment by Pub. L. 108–171 effective Dec. 31, 2003, see section 2(b) of Pub. L. 108–171, set out as a note under section 4016 of this title. Amendment by Pub. L. 108–3 effective Dec. 31, 2002, see section 2(b) of Pub. L. 108–3, set out as a note under section 4016 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Oct. 1, 1981, see section 371 of Pub. L. 97–35, set out as an Effective Date note under section 3701 of Title 12, Banks and Banking. 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. § 4128. Rules and regulations (a) The Administrator is authorized to issue such regulations as may be necessary to carry out the purpose of this Act. (b) The head of each Federal agency that ad- ministers a program of financial assistance re- lating to the acquisition, construction, recon- struction, repair, or improvement of publicly or privately owned land or facilities, and each Fed- eral instrumentality responsible for the super- vision, approval, regulation, or insuring of banks, savings and loan associations, or similar institutions, shall, in cooperation with the Ad- ministrator, issue appropriate rules and regula- tions to govern the carrying out of the agency’s responsibilities under this Act. (Pub. L. 93–234, title II, § 205, Dec. 31, 1973, 87 Stat. 983; Pub. L. 98–181, title I [title IV, § 451(e)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 112–141, div. F, title II, § 100238(a)(1), July 6, 2012, 126 Stat. 958.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means Pub. L. 93–234, Dec. 31, 1973, 87 Stat. 975, known as the Flood Disaster Protection Act of 1973. For complete classification of this Act to the Code, see Short Title of 1973 Amend- ment note set out under section 4001 of this title and Tables. CODIFICATION Section was enacted as part of the Flood Disaster Protection Act of 1973, and not as part of the National Flood Insurance Act of 1968 which comprises this chap- ter. AMENDMENTS 2012—Pub. L. 112–141 substituted ‘‘Administrator’’ for ‘‘Director’’ in subsecs (a) and (b). 1983—Pub. L. 98–181 substituted ‘‘Director’’ for ‘‘Sec- retary’’ in subsecs. (a) and (b). Statutory Notes and Related Subsidiaries 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 Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Executive Documents FLOODPLAIN MANAGEMENT For provisions relating to the reduction of the risk of flood loss, the minimization of the impact of floods on human safety, health and welfare, and the management of floodplains, see Ex. Ord. No. 11988, May 24, 1977, 42 F.R. 26951, set out as a note under section 4321 of this title. § 4129. Federal Insurance Administrator; estab- lishment of position There is hereby established in the Federal Emergency Management Agency the position of Federal Insurance Administrator. (Pub. L. 90–448, title XI, § 1105(a), Aug. 1, 1968, 82 Stat. 567; Pub. L. 96–153, title VI, § 603(a), Dec. 21, 1979, 93 Stat. 1138.) Editorial Notes CODIFICATION Section was formerly classified to section 3533a of this title. Section was enacted as part of the Urban Property Protection and Reinsurance Act of 1968 and also as part of the Housing and Urban Development Act of 1968, and not as part of the National Flood Insurance Act of 1968 which comprises this chapter. AMENDMENTS 1979—Pub. L. 96–153 substituted ‘‘Federal Emergency Management Agency’’ for ‘‘Department of Housing and Urban Development’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of Page 6086 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4130 1 So in original. Probably should be ‘‘chapter I’’. 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 Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 4130. No cause of action No cause of action shall exist and no claim may be brought against the United States for violation of any notification requirement im- posed upon the United States by this subtitle or any amendment made by this subtitle. (Pub. L. 112–141, div. F, title II, § 100249, July 6, 2012, 126 Stat. 969.) Editorial Notes REFERENCES IN TEXT This subtitle, referred to in text, is subtitle A (§§ 100201–100249) of title II of div. F of Pub. L. 112–141, 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. 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 the Na- tional Flood Insurance Act of 1968 which comprises this chapter. § 4131. Levee certifications (a) Implementation of Flood Protection Struc- ture Accreditation Task Force In carrying out section 100226 of Public Law 112–141 (42 U.S.C. 4101 note; 126 Stat. 942), the Secretary shall— (1) ensure that at least 1 program activity carried out for levee systems under the levee safety and dam safety programs of the Corps of Engineers provides adequate information to the Secretary to reach a levee accreditation decision under section 65.10 of title 44, Code of Federal Regulations (or successor regulation); (2) to the maximum extent practicable, carry out the activities referred to in para- graph (1) in alignment with the schedule es- tablished for the national flood insurance pro- gram established under chapter I of the Na- tional Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.); and (3) in the case of a levee system that is oper- ated and maintained by the Corps of Engi- neers, to the maximum extent practicable, co- operate with local governments seeking a levee accreditation decision for the levee to provide information necessary to support the accreditation decision in a timely manner. (b) Accelerated levee system evaluations (1) In general On receipt of a request from a non-Federal interest, the Secretary may carry out a levee system evaluation of a federally authorized levee for purposes of the national flood insur- ance program established under chapter 1 1 of the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.) if the evaluation will be carried out earlier than such an evaluation would be carried out under subsection (a). (2) Requirements A levee system evaluation under paragraph (1) shall— (A) at a minimum, comply with section 65.10 of title 44, Code of Federal Regulations (as in effect on June 10, 2014); and (B) be carried out in accordance with such procedures as the Secretary, in consultation with the Administrator of the Federal Emer- gency Management Agency, may establish. (3) Funding (A) In general The Secretary may use amounts made available under section 1962d–16 of this title to carry out this subsection. (B) Cost share The Secretary shall apply the cost share under section 1962d–16(b) of this title to any activities carried out under this subsection. (C) Contributed funds Notwithstanding subparagraph (B), a non- Federal interest may fund up to 100 percent of the cost of any activity carried out under this subsection. (Pub. L. 113–121, title III, § 3014, June 10, 2014, 128 Stat. 1287; Pub. L. 116–260, div. AA, title I, § 142(b), Dec. 27, 2020, 134 Stat. 2653.) Editorial Notes REFERENCES IN TEXT The National Flood Insurance Act of 1968, referred to in subsecs. (a)(2) and (b)(1), is title XIII of Pub. L. 90–448, Aug. 1, 1968, 82 Stat. 572, which is classified prin- cipally to this chapter. Chapter I of the Act is classified principally to subchapter I (§ 4011 et seq.) of this chap- ter. 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 Water Resources Reform and Development Act of 2014, and not as part of the National Flood Insurance Act of 1968 which com- prises this chapter. AMENDMENTS 2020—Subsec. (a)(1). Pub. L. 116–260, § 142(b)(1)(A), sub- stituted ‘‘for levee systems under the levee safety and dam safety programs’’ for ‘‘under the inspection of completed works program’’ and struck out ‘‘and’’ at end. Subsec. (a)(2). Pub. L. 116–260, § 142(b)(1)(B), sub- stituted ‘‘the activities referred to in paragraph (1)’’ for ‘‘activities under the inspection of completed works program of the Corps of Engineers’’, ‘‘chapter I’’ for ‘‘chapter 1’’, and ‘‘; and’’ for period at end. Subsec. (a)(3). Pub. L. 116–260, § 142(b)(1)(C), added par. (3). Subsec. (b)(3)(C). Pub. L. 116–260, § 142(b)(2), added sub- par. (C).