42 U.S.C. § 4033 — Designation of Flood Insurance Advocate

Page 6046 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4030 1 See References in Text note below. ‘‘federally supervised, approved, regulated or insured fi- nancial institution’’. 1988—Pub. L. 100–242 inserted section catchline. § 4030. Repealed. Pub. L. 112–141, div. F, title II, § 100225(b), July 6, 2012, 126 Stat. 941 Section, Pub. L. 90–448, title XIII, § 1323, as added Pub. L. 108–264, title I, § 104(a), June 30, 2004, 118 Stat. 722, provided funding for mitigation actions that reduce flood damages to individual properties for which 1 or more claim payments for losses have been made under flood insurance coverage under this chapter. § 4031. Treatment of certain payments Assistance provided under a program under this chapter for flood mitigation activities (in- cluding any assistance provided under the miti- gation pilot program under section 4102a 1 of this title, any assistance provided under the mitiga- tion assistance program under section 4104c of this title, and any funding provided under sec- tion 4030 1 of this title) with respect to a prop- erty shall not be considered income or a re- source of the owner of the property when deter- mining eligibility for or benefit levels under any income assistance or resource-tested program that is funded in whole or in part by an agency of the United States or by appropriated funds of the United States. (Pub. L. 90–448, title XIII, § 1324, as added Pub. L. 109–64, § 1, Sept. 20, 2005, 119 Stat. 1997.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original a reference to ‘‘this title’’ meaning title XIII of Pub. L. 90–448, Aug. 1, 1968, 82 Stat. 572, known as the National Flood Insurance Act of 1968, which is classified prin- cipally 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. Section 4102a of this title, referred to in text, was re- pealed by Pub. L. 112–141, div. F, title II, § 100225(c), July 6, 2012, 126 Stat. 941. Section 4030 of this title, referred to in text, was re- pealed by Pub. L. 112–141, div. F, title II, § 100225(b), July 6, 2012, 126 Stat. 941. § 4032. Treatment of swimming pool enclosures outside of hurricane season (a) In general Notwithstanding any other provision of law, including the adequate land use and control measures developed pursuant to section 4102 of this title and applicable to non-one- and two- family structures located within coastal areas, as identified by the Administrator, the following may be permitted: (1) Nonsupporting breakaway walls in the space below the lowest elevated floor of a building, if the space is used solely for a swim- ming pool between November 30 and June 1 of any year, in an area designated as Zone V on a flood insurance rate map. (2) Openings in walls in the space below the lowest elevated floor of a building, if the space is used solely for a swimming pool between November 30 and June 1 of any year, in an area designated as Zone A on a flood insurance rate map. (b) Rule of construction Nothing in subsection (a) shall be construed to alter the terms and conditions of eligibility and insurability of coverage for a building under the standard flood insurance policy under the na- tional flood insurance program. (Pub. L. 90–448, title XIII, § 1325, as added Pub. L. 112–141, div. F, title II, § 100242, July 6, 2012, 126 Stat. 962.) § 4033. Designation of Flood Insurance Advocate (a) In general The Administrator shall designate a Flood In- surance Advocate to advocate for the fair treat- ment of policy holders under the National Flood Insurance Program and property owners in the mapping of flood hazards, the identification of risks from flood, and the implementation of measures to minimize the risk of flood. (b) Duties and responsibilities The duties and responsibilities of the Flood In- surance Advocate designated under subsection (a) shall be to— (1) educate property owners and policy- holders under the National Flood Insurance Program on— (A) individual flood risks; (B) flood mitigation; (C) measures to reduce flood insurance rates through effective mitigation; (D) the flood insurance rate map review and amendment process; and (E) any changes in the flood insurance pro- gram as a result of any newly enacted laws (including this Act); (2) assist policy holders under the National Flood Insurance Program and property owners to understand the procedural requirements re- lated to appealing preliminary flood insurance rate maps and implementing measures to mitigate evolving flood risks; (3) assist in the development of regional ca- pacity to respond to individual constituent concerns about flood insurance rate map amendments and revisions; (4) coordinate outreach and education with local officials and community leaders in areas impacted by proposed flood insurance rate map amendments and revisions; and (5) aid potential policy holders under the Na- tional Flood Insurance Program in obtaining and verifying accurate and reliable flood in- surance rate information when purchasing or renewing a flood insurance policy. (Pub. L. 113–89, § 24, Mar. 21, 2014, 128 Stat. 1030.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (b)(1)(E), is Pub. L. 113–89, Mar. 21, 2014, 128 Stat. 1020, known as the Home- owner Flood Insurance Affordability Act of 2014. 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. CODIFICATION Section was enacted as part of the Homeowner Flood Insurance Affordability Act of 2014, and not as part of Page 6047 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4051 the National Flood Insurance Act of 1968 which com- prises this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of terms used in this section, see sec- tion 4005 of this title. SUBCHAPTER II—ORGANIZATION AND AD- MINISTRATION OF FLOOD INSURANCE PROGRAM § 4041. Implementation of program Following such consultation with representa- tives of the insurance industry as may be nec- essary, the Administrator shall implement the flood insurance program authorized under sub- chapter I in accordance with the provisions of part A of this subchapter and, if a determination is made by him under section 4071 of this title, under part B of this subchapter. (Pub. L. 90–448, title XIII, § 1330, Aug. 1, 1968, 82 Stat. 581; Pub. L. 98–181, title I [title IV, § 451(d)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 112–141, div. F, title II, § 100238(b)(1), July 6, 2012, 126 Stat. 958.) Editorial Notes AMENDMENTS 2012—Pub. L. 112–141 substituted ‘‘Administrator’’ for ‘‘Director’’. 1983—Pub. L. 98–181 substituted ‘‘Director’’ for ‘‘Sec- retary’’. Statutory Notes and Related Subsidiaries 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 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. PART A—INDUSTRY PROGRAM WITH FEDERAL FINANCIAL ASSISTANCE § 4051. Industry flood insurance pool; require- ments for participation (a) The Administrator is authorized to encour- age and otherwise assist any insurance compa- nies and other insurers which meet the require- ments prescribed under subsection (b) to form, associate, or otherwise join together in a pool— (1) in order to provide the flood insurance coverage authorized under subchapter I; and (2) for the purpose of assuming, including as reinsurance of coverage provided by the flood insurance program, on such terms and condi- tions as may be agreed upon, such financial re- sponsibility as will enable such companies and other insurers, with the Federal financial and other assistance available under this chapter, to assume a reasonable proportion of responsi- bility for the adjustment and payment of claims for losses under the flood insurance program. (b) In order to promote the effective adminis- tration of the flood insurance program under this part, and to assure that the objectives of this chapter are furthered, the Administrator is authorized to prescribe appropriate require- ments for insurance companies and other insur- ers participating in such pool including, but not limited to, minimum requirements for capital or surplus or assets. (Pub. L. 90–448, title XIII, § 1331, Aug. 1, 1968, 82 Stat. 582; Pub. L. 98–181, title I [title IV, § 451(d)(1)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 112–141, div. F, title II, §§ 100232(d)(1), 100238(b)(1), July 6, 2012, 126 Stat. 954, 958.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(2) and (b), was in the original a reference to ‘‘this title’’ meaning title XIII of Pub. L. 90–448, Aug. 1, 1968, 82 Stat. 572, 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 section 4001 of this title and Tables. AMENDMENTS 2012—Subsec. (a). Pub. L. 112–141, § 100238(b)(1), sub- stituted ‘‘Administrator’’ for ‘‘Director’’ in introduc- tory provisions. Subsec. (a)(2). Pub. L. 112–141, § 100232(d)(1), inserted ‘‘, including as reinsurance of coverage provided by the flood insurance program’’ before ‘‘, on such terms’’. Subsec. (b). Pub. L. 112–141, § 100238(b)(1), substituted ‘‘Administrator’’ for ‘‘Director’’. 1983—Pub. L. 98–181 substituted ‘‘Director’’ for ‘‘Sec- retary’’ wherever appearing. Statutory Notes and Related Subsidiaries 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 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