42 U.S.C. § 4020 — Dissemination of flood insurance informa-

Page 6036 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4020 methods by which proved and approved claims for losses may be adjusted and paid for any dam- age to or loss of property which is covered by flood insurance made available under the provi- sions of this chapter. (b) Minimum annual deductible (1) Pre-firm properties For any structure which is covered by flood insurance under this chapter, and on which construction or substantial improvement oc- curred on or before December 31, 1974, or be- fore the effective date of an initial flood insur- ance rate map published by the Administrator under section 4101 of this title for the area in which such structure is located, the minimum annual deductible for damage to such struc- ture shall be— (A) $1,500, if the flood insurance coverage for such structure covers loss of, or physical damage to, such structure in an amount equal to or less than $100,000; and (B) $2,000, if the flood insurance coverage for such structure covers loss of, or physical damage to, such structure in an amount greater than $100,000. (2) Post-firm properties For any structure which is covered by flood insurance under this chapter, and on which construction or substantial improvement oc- curred after December 31, 1974, or after the ef- fective date of an initial flood insurance rate map published by the Administrator under section 4101 of this title for the area in which such structure is located, the minimum an- nual deductible for damage to such structure shall be— (A) $1,000, if the flood insurance coverage for such structure covers loss of, or physical damage to, such structure in an amount equal to or less than $100,000; and (B) $1,250, if the flood insurance coverage for such structure covers loss of, or physical damage to, such structure in an amount greater than $100,000. (c) Payment of claims to condominium owners The Administrator may not deny payment for any damage to or loss of property which is cov- ered by flood insurance to condominium owners who purchased such flood insurance separate and apart from the flood insurance purchased by the condominium association in which such owner is a member, based solely, or in any part, on the flood insurance coverage of the condo- minium association or others on the overall property owned by the condominium associa- tion. (Pub. L. 90–448, title XIII, § 1312, Aug. 1, 1968, 82 Stat. 579; 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, §§ 100210, 100214, July 6, 2012, 126 Stat. 920, 924.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) 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—Pub. L. 112–141, § 100210, designated existing pro- visions as subsec. (a) and inserted heading, substituted ‘‘The Administrator is’’ for ‘‘The Director is’’, and added subsec. (b). Subsec. (c). Pub. L. 112–141, § 100214, added subsec. (c). 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. § 4020. Dissemination of flood insurance informa- tion The Administrator shall from time to time take such action as may be necessary in order to make information and data available to the pub- lic, and to any State or local agency or official, with regard to— (1) the flood insurance program, its coverage and objectives, and (2) estimated and chargeable flood insurance premium rates, including the basis for and dif- ferences between such rates in accordance with the provisions of section 4015 of this title. (Pub. L. 90–448, title XIII, § 1313, Aug. 1, 1968, 82 Stat. 579; 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’’ in introductory provisions. 1983—Pub. L. 98–181 substituted ‘‘Director’’ for ‘‘Sec- retary’’ in introductory provisions. 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. Page 6037 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4021 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. § 4021. Participation in State disaster claims me- diation programs (a) Requirement to participate In the case of the occurrence of a major dis- aster, as defined in section 5122 of this title, that may have resulted in flood damage covered under the national flood insurance program es- tablished under this chapter and other personal lines residential property insurance coverage of- fered by a State regulated insurer, upon a re- quest made by the insurance commissioner of a State (or such other official responsible for reg- ulating the business of insurance in the State) for the participation of representatives of the Administrator in a program sponsored by such State for nonbinding mediation of insurance claims resulting from a major disaster, the Ad- ministrator shall cause representatives of the national flood insurance program to participate in such a State program where claims under the national flood insurance program are involved to expedite settlement of flood damage claims resulting from such disaster. (b) Extent of participation In satisfying the requirements of subsection (a), the Administrator shall require that each representative of the Administrator— (1) be certified for purposes of the national flood insurance program to settle claims against such program resulting from such dis- aster in amounts up to the limits of policies under such program; (2) attend State-sponsored mediation meet- ings regarding flood insurance claims result- ing from such disaster at such times and places as may be arranged by the State; (3) participate in good-faith negotiations to- ward the settlement of such claims with pol- icyholders of coverage made available under the national flood insurance program; and (4) finalize the settlement of such claims on behalf of the national flood insurance program with such policyholders. (c) Coordination Representatives of the Administrator shall at all times coordinate their activities with insur- ance officials of the State and representatives of insurers for the purposes of consolidating and expediting settlement of claims under the na- tional flood insurance program resulting from such disaster. (d) Qualifications of mediators Each State mediator participating in State- sponsored mediation under this section shall be— (1)(A) a member in good standing of the State bar in the State in which the mediation is to occur with at least 2 years of practical experience; and (B) an active member of such bar for at least 1 year prior to the year in which such medi- ator’s participation is sought; or (2) a retired trial judge from any United States jurisdiction who was a member in good standing of the bar in the State in which the judge presided for at least 5 years prior to the year in which such mediator’s participation is sought. (e) Mediation proceedings and documents privi- leged As a condition of participation, all statements made and documents produced pursuant to State-sponsored mediation involving representa- tives of the Administrator shall be deemed privi- leged and confidential settlement negotiations made in anticipation of litigation. (f) Liability, rights, or obligations not affected Participation in State-sponsored mediation, as described in this section does not— (1) affect or expand the liability of any party in contract or in tort; or (2) affect the rights or obligations of the par- ties, as established— (A) in any regulation issued by the Admin- istrator, including any regulation relating to a standard flood insurance policy; (B) under this chapter; and (C) under any other provision of Federal law. (g) Exclusive Federal jurisdiction Participation in State-sponsored mediation shall not alter, change, or modify the original exclusive jurisdiction of United States courts, as set forth in this chapter. (h) Cost limitation Nothing in this section shall be construed to require the Administrator or a representative of the Administrator to pay additional mediation fees relating to flood insurance claims associ- ated with a State-sponsored mediation program in which such representative of the Adminis- trator participates. (i) Exception In the case of the occurrence of a major dis- aster that results in flood damage claims under the national flood insurance program and that does not result in any loss covered by a personal lines residential property insurance policy— (1) this section shall not apply; and (2) the provisions of the standard flood insur- ance policy under the national flood insurance program and the appeals process established under section 205 of the Bunning-Bereuter- Blumenauer Flood Insurance Reform Act of 2004 (42 U.S.C. 4011 note) and the regulations issued pursuant to such section shall apply ex- clusively. (j) Representatives of the Administrator For purposes of this section, the term ‘‘rep- resentatives of the Administrator’’ means rep-