1. U.S. Code
  2. title 42
  3. chapter 50
  4. subchapter IV
  5. § 4123

Collapse to view only § 4123. Advance payments

§ 4121. Definitions
(a) As used in this chapter—
(1) the term “flood” shall have such meaning as may be prescribed in regulations of the Administrator, and may include inundation from rising waters or from the overflow of streams, rivers, or other bodies of water, or from tidal surges, abnormally high tidal water, tidal waves, tsunamis, hurricanes, or other severe storms or deluge;
(2) the terms “United States” (when used in a geographic sense) and “State” includes the several States, the District of Columbia, the territories and possessions, the Commonwealth of Puerto Rico, and the Trust Territory of the Pacific Islands;
(3) the terms “insurance company”, “other insurer” and “insurance agent or broker” include any organization or person that is authorized to engage in the business of insurance under the laws of any State, subject to the reporting requirements of the Securities Exchange Act of 1934 [15 U.S.C. 78a et seq.] pursuant to section 13(a) or 15(d) of such Act (15 U.S.C. 78m(a) and 78o(d)), or authorized by the Administrator to assume reinsurance on risks insured by the flood insurance program;
(4) the term “insurance adjustment organization” includes any organizations and persons engaged in the business of adjusting loss claims arising under insurance policies issued by any insurance company or other insurer;
(5) the term “person” includes any individual or group of individuals, corporation, partnership, association, or any other organized group of persons, including State and local governments and agencies thereof;
(6) the term “Administrator” means the Administrator of the Federal Emergency Management Agency;
(7) the term “repetitive loss structure” means a structure covered by a contract for flood insurance that—
(A) has incurred flood-related damage on 2 occasions, in which the cost of repair, on the average, equaled or exceeded 25 percent of the value of the structure at the time of each such flood event; and
(B) at the time of the second incidence of flood-related damage, the contract for flood insurance contains increased cost of compliance coverage.1
1 So in original. The period probably should be a semicolon.
(8) the term “Federal agency lender” means a Federal agency that makes direct loans secured by improved real estate or a mobile home, to the extent such agency acts in such capacity;
(9) the term “Federal entity for lending regulation” means the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Comptroller of the Currency, the National Credit Union Administration, and the Farm Credit Administration, and with respect to a particular regulated lending institution means the entity primarily responsible for the supervision of the institution;
(10) the term “improved real estate” means real estate upon which a building is located;
(11) the term “lender” means a regulated lending institution or Federal agency lender;
(12) the term “natural and beneficial floodplain functions” means—
(A) the functions associated with the natural or relatively undisturbed floodplain that (i) moderate flooding, retain flood waters, reduce erosion and sedimentation, and mitigate the effect of waves and storm surge from storms, and (ii) reduce flood related damage; and
(B) ancillary beneficial functions, including maintenance of water quality and recharge of ground water, that reduce flood related damage;
(13) the term “regulated lending institution” means any bank, savings and loan association, credit union, farm credit bank, Federal land bank association, production credit association, or similar institution subject to the supervision of a Federal entity for lending regulation;
(14) the term “servicer” means the person responsible for receiving any scheduled periodic payments from a borrower pursuant to the terms of a loan, including amounts for taxes, insurance premiums, and other charges with respect to the property securing the loan, and making the payments of principal and interest and such other payments with respect to the amounts received from the borrower as may be required pursuant to the terms of the loan; and
(15) the term “substantially damaged structure” means a structure covered by a contract for flood insurance that has incurred damage for which the cost of repair exceeds an amount specified in any regulation promulgated by the Administrator, or by a community ordinance, whichever is lower.
(b) The term “flood” shall also include inundation from mudslides which are proximately caused by accumulations of water on or under the ground; and all of the provisions of this chapter shall apply with respect to such mud-slides in the same manner and to the same extent as with respect to floods described in subsection (a)(1), subject to and in accordance with such regulations, modifying the provisions of this chapter (including the provisions relating to land management and use) to the extent necessary to insure that they can be effectively so applied, as the Administrator may prescribe to achieve (with respect to such mudslides) the purposes of this chapter and the objectives of the program.
(c) The term “flood” shall also include the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels, and all of the provisions of this chapter shall apply with respect to such collapse or subsidence in the same manner and to the same extent as with respect to floods described in subsection (a)(1), subject to and in accordance with such regulations, modifying the provisions of this chapter (including the provisions relating to land management and use) to the extent necessary to insure that they can be effectively so applied, as the Administrator may prescribe to achieve (with respect to such collapse or subsidence) the purposes of this chapter and the objectives of the program.
(Pub. L. 90–448, title XIII, § 1370, Aug. 1, 1968, 82 Stat. 588; Pub. L. 91–152, title IV, § 409(b), Dec. 24, 1969, 83 Stat. 397; Pub. L. 93–234, title I, §§ 107, 108(b), Dec. 31, 1973, 87 Stat. 979, 980; Pub. L. 98–181, title I [title IV, § 451(d)(1), (8)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 100–628, title X, § 1086(b), Nov. 7, 1988, 102 Stat. 3278; Pub. L. 103–325, title V, § 512(a), Sept. 23, 1994, 108 Stat. 2256; Pub. L. 108–264, title I, § 105(b), June 30, 2004, 118 Stat. 723; Pub. L. 112–141, div. F, title II, §§ 100232(d)(5), 100238(b)(1), (3), July 6, 2012, 126 Stat. 954, 958.)

CITE AS: 42 USC 4121

§ 4122. Studies of other natural disasters; cooperation and consultation with other departments and agencies
(a) The Administrator is authorized to undertake such studies as may be necessary for the purpose of determining the extent to which insurance protection against earthquakes or any other natural disaster perils, other than flood, is not available from public or private sources, and the feasibility of such insurance protection being made available.
(b) Studies under this section shall be carried out, to the maximum extent practicable, with the cooperation of other Federal departments and agencies and State and local agencies, and the Administrator is authorized to consult with, receive information from, and enter into any necessary agreements or other arrangements with such other Federal departments and agencies (on a reimbursement basis) and such State and local agencies.
(Pub. L. 90–448, title XIII, § 1371, Aug. 1, 1968, 82 Stat. 588; 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.)

CITE AS: 42 USC 4122

§ 4123. Advance payments

Any payments under this chapter may be made (after necessary adjustment on account of previously made underpayments or overpayments) in advance or by way of reimbursement, and in such installments and on such conditions, as the Administrator may determine.

(Pub. L. 90–448, title XIII, § 1372, Aug. 1, 1968, 82 Stat. 589; 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.)

CITE AS: 42 USC 4123

§ 4124. Applicability of fiscal controls

The provisions of chapter 91 of title 31 shall apply to the program authorized under this chapter to the same extent as they apply to wholly owned Government corporations.

(Pub. L. 90–448, title XIII, § 1373, Aug. 1, 1968, 82 Stat. 589; Pub. L. 98–479, title II, § 203(j)(3), Oct. 17, 1984, 98 Stat. 2231.)

CITE AS: 42 USC 4124

§ 4125. Finality of certain financial transactions
Notwithstanding the provisions of any other law—
(1) any financial transaction authorized to be carried out under this chapter, and
(2) any payment authorized to be made or to be received in connection with any such financial transaction,
shall be final and conclusive upon all officers of the Government.
(Pub. L. 90–448, title XIII, § 1374, Aug. 1, 1968, 82 Stat. 589.)

CITE AS: 42 USC 4125

§ 4126. Administrative expenses

Any administrative expenses which may be sustained by the Federal Government in carrying out the flood insurance and floodplain management programs authorized under this chapter may be paid with amounts from the National Flood Insurance Fund (as provided under section 4017(a)(4) of this title), subject to approval in appropriations Acts.

(Pub. L. 90–448, title XIII, § 1375, Aug. 1, 1968, 82 Stat. 589; Pub. L. 101–508, title II, § 2302(e)(4), Nov. 5, 1990, 104 Stat. 1388–25.)

CITE AS: 42 USC 4126

§ 4127. Authorization of appropriations; availability
(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;
(2) to reimburse the National Flood Insurance Fund established under section 4017 of this title for—
(A) premium equalization payments under section 4054 of this title 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; 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, for studies under this chapter.
(Pub. L. 90–448, title XIII, § 1376, Aug. 1, 1968, 82 Stat. 589; Pub. L. 94–375, § 14(c), Aug. 3, 1976, 90 Stat. 1075; Pub. L. 95–128, title VII, § 702, Oct. 12, 1977, 91 Stat. 1144; Pub. L. 95–557, title III, § 309, Oct. 31, 1978, 92 Stat. 2098; Pub. L. 96–153, title VI, § 602(c), Dec. 21, 1979, 93 Stat. 1137; Pub. L. 96–399, title III, § 304, Oct. 8, 1980, 94 Stat. 1639; Pub. L. 97–35, title III, § 341(a), Aug. 13, 1981, 95 Stat. 418; Pub. L. 98–181, title I [title IV, § 451(c)], Nov. 30, 1983, 97 Stat. 1229; Pub. L. 100–242, title V, § 543, Feb. 5, 1988, 101 Stat. 1940; Pub. L. 101–137, § 4, Nov. 3, 1989, 103 Stat. 825; Pub. L. 104–204, title III, Sept. 26, 1996, 110 Stat. 2915; Pub. L. 105–65, title III, Oct. 27, 1997, 111 Stat. 1377; Pub. L. 105–276, title III, Oct. 21, 1998, 112 Stat. 2503; Pub. L. 106–74, title III, Oct. 20, 1999, 113 Stat. 1088; Pub. L. 106–377, § 1(a)(1) [title III], Oct. 27, 2000, 114 Stat. 1441, 1441A–47; Pub. L. 107–73, title III, Nov. 26, 2001, 115 Stat. 689; Pub. L. 108–3, § 2(a)(4), Jan. 13, 2003, 117 Stat. 7; Pub. L. 108–171, § 2(a)(4), Dec. 6, 2003, 117 Stat. 2064; Pub. L. 108–199, div. H, § 136(a)(4), Jan. 23, 2004, 118 Stat. 442; Pub. L. 108–264, title I, § 101(d), June 30, 2004, 118 Stat. 714.)

CITE AS: 42 USC 4127

§ 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 administers a program of financial assistance relating to the acquisition, construction, reconstruction, repair, or improvement of publicly or privately owned land or facilities, and each Federal instrumentality responsible for the supervision, approval, regulation, or insuring of banks, savings and loan associations, or similar institutions, shall, in cooperation with the Administrator, issue appropriate rules and regulations 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.)

CITE AS: 42 USC 4128

§ 4129. Federal Insurance Administrator; establishment 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.)

CITE AS: 42 USC 4129

§ 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 imposed 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.)

CITE AS: 42 USC 4130

§ 4131. Levee certifications
(a) Implementation of Flood Protection Structure 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 paragraph (1) in alignment with the schedule established for the national flood insurance program established under chapter I of the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.); and
(3) in the case of a levee system that is operated and maintained by the Corps of Engineers, to the maximum extent practicable, cooperate 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
(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 Emergency Management Agency, may establish.
(3) Funding
(A) In general
(B) Cost share
(C) Contributed funds
(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.)

CITE AS: 42 USC 4131