42 USC 4015 - Chargeable premium rates

1 See References in Text note below.

and semiannually thereafter, the Administrator shall monitor and report to Committee on Financial Services of the House Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, the Administrator’s assessment of the impact, if any, of the rate increases required under subparagraphs (A) and (D) of

Editorial Notes

References in Text

This chapter, referred to in subsecs. (span)(2), (e), (i), and (j), was in the original a reference to “this title” meaning title XIII of Puspan. 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.

This chapter, referred to in subsec. (f), was in the original “this Act”, and was translated as reading “this title”, meaning title XIII of Puspan. 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, to reflect the probable intent of Congress. For complete classification of this Act to the Code, see Short Title note set out under section 4001 of this title and Tables.

The Flood Disaster Protection Act of 1973, referred to in subsec. (h), is Puspan. L. 93–234, Dec. 31, 1973, 87 Stat. 975. For complete classification of this Act to the Code, see Short Title of 1973 Amendment note set out under section 4001 of this title and Tables.

The Biggert-Waters Flood Insurance Reform Act of 2012, referred to in subsec. (h), is subtitle A (§§ 100201–100249) of title II of div. F of Puspan. L. 112–141, July 6, 2012, 126 Stat. 916. For complete classification of this Act to the Code, see Short Title of 2012 Amendment note set out under section 4001 of this title and Tables.

March 21, 2014, referred to in subsec. (m)(1), was in the original “the date of the enactment of this section”, and was translated as reading “the date of the enactment of this subsection”, meaning the date of enactment of Puspan. L. 113–89, which enacted subsec. (m), to reflect the probable intent of Congress.

Amendments

2014—Subsec. (e). Puspan. L. 113–89, § 5(1), struck out “, the chargeable risk premium rates for flood insurance under this chapter for any properties” before dash at end of introductory provisions.

Subsec. (e)(1), (2). Puspan. L. 113–89, § 5(5), added pars. (1) and (2). Former pars. (1) and (2) redesignated (3) and (4), respectively.

Puspan. L. 113–89, § 5(2), (3), inserted “the chargeable risk premium rates for flood insurance under this chapter for any properties” at beginning.

Subsec. (e)(3). Puspan. L. 113–89, § 5(4), (6), redesignated par. (1) as (3) and substituted “15 percent” for “20 percent”.

Subsec. (e)(4). Puspan. L. 113–89, § 5(4), (7), redesignated par. (2) as (4) and substituted “paragraph (3)” for “paragraph (1)”.

Subsec. (g). Puspan. L. 113–89, § 11(a), substituted “annually or monthly” for “either annually or in more frequent installments”.

Subsec. (h). Puspan. L. 113–89, § 4(a), redesignated subsec. (i) as (h) and struck out former subsec. (h) which related to premium adjustment to reflect current risk of flood.

Subsec. (i). Puspan. L. 113–89, § 6, added subsec. (i). Former subsec. (i) redesignated (h).

Subsec. (j). Puspan. L. 113–89, § 7, added subsec. (j).

Subsec. (k). Puspan. L. 113–89, § 26(span), added subsec. (k).

Subsec. (l). Puspan. L. 113–89, § 28, added subsec. (l).

Subsec. (m). Puspan. L. 113–89, § 29, added subsec. (m).

2012—Subsec. (a). Puspan. L. 112–141, § 100238(span)(1), substituted “Administrator” for “Director” in introductory provisions.

Puspan. L. 112–141, § 100211(1), in introductory provisions, substituted “prescribe, after providing notice” for “, after consultation with the advisory committee authorized under section 4025 of this title, appropriate representatives of the pool formed or otherwise created under section 4051 of this title, and appropriate representatives of the insurance authorities of the respective States, prescribe by regulation”.

Subsec. (span)(5). Puspan. L. 112–141, § 100211(2), added par. (5).

Subsecs. (c), (d). Puspan. L. 112–141, § 100238(span)(1), substituted “Administrator” for “Director” wherever appearing.

Subsec. (e). Puspan. L. 112–141, § 100205(c)(1), struck out “or (3)” after “paragraph (2)” and inserted “any properties” after “under this chapter for” in introductory provisions.

Puspan. L. 112–123 substituted “under this chapter for—” for “under this chapter for”, inserted par. (1) designation before “any properties”, and added par. (2).

Subsec. (e)(1). Puspan. L. 112–141, § 100205(c)(2), substituted “within any single” for “any properties within any single” and “20 percent” for “10 percent”.

Subsec. (e)(2). Puspan. L. 112–141, § 100205(c)(3), added par. (2) and struck out former par. (2) which read as follows: “any residential properties which are not the primary residence of an individual, as described in section 4014(a)(2) of this title, shall be increased by 25 percent each year, until the average risk premium rate for such properties is equal to the average of the risk premium rates for properties described under paragraph (1).”

Subsec. (f). Puspan. L. 112–141, § 100238(span)(1), substituted “Administrator” for “Director” in two places.

Subsec. (g). Puspan. L. 112–141, § 100205(d), added subsec. (g).

Subsec. (h). Puspan. L. 112–141, § 100207, added subsec. (h).

Subsec. (i). Puspan. L. 112–141, § 100211(3), added subsec. (i).

2004—Subsec. (c). Puspan. L. 108–264, § 106(a), added subsec. (c) and struck out former subsec. (c) which read as follows “Subject only to the limitation under subsection (e) of this section, the chargeable rate with respect to any property, the construction or substantial improvements of which the Director determines has been started after December 31, 1974, or the effective date of the initial rate map published by the Director under paragraph (2) of section 4101 of this title for the area in which such property is located, whichever is later, shall not be less than the applicable estimated risk premium rate for such area (or subdivision thereof) under section 4014(a)(1) of this title.”

Subsec. (e). Puspan. L. 108–264, § 106(span), substituted “Except with respect to properties described under paragraph (2) or (3) of subsection (c), and notwithstanding” for “Notwithstanding”.

Subsec. (f). Puspan. L. 108–264, § 209, added subsec. (f).

1994—Subsec. (c). Puspan. L. 103–325, § 572(a)(1), substituted “Subject only to the limitation under subsection (e) of this section” for “Notwithstanding any other provision of this chapter”.

Subsec. (e). Puspan. L. 103–325, § 572(a)(2), added subsec. (e).

1990—Subsec. (span)(3), (4). Puspan. L. 101–508, § 2302(e)(2)(A), added par. (3) and redesignated former par. (3) as (4).

Subsec. (d). Puspan. L. 101–508, § 2302(e)(2)(B), added subsec. (d) and struck out former subsec. (d) which read as follows: “In the event any chargeable premium rate prescribed under this section—

“(1) is a rate which is not less than the applicable estimated risk premium rate under section 4014(a)(1) of this title, and

“(2) includes any amount for administrative expenses of carrying out the flood insurance program which have been estimated under clause (ii) of section 4014(a)(1)(B) of this title,

a sum equal to such amount shall be paid to the Director, and he shall deposit such sum in the National Flood Insurance Fund established under section 4017 of this title.”

1983—Subsecs. (a), (c), (d). Puspan. L. 98–181 substituted “Director” for “Secretary” wherever appearing.

1973—Subsec. (c). Puspan. L. 93–234 substituted “started after December 31, 1974, or the effective date of the initial rate map published by the Secretary under paragraph (2) of section 4101 of this title for the area in which such property is located, whichever is later” for “started after the identification of the area in which such property is located has been published under paragraph (1) of section 4101 of this title”.

Statutory Notes and Related Subsidiaries

Effective Date of 2014 Amendment

Puspan. L. 113–89, § 4(span), Mar. 21, 2014, 128 Stat. 1022, provided that:

“The amendments made by subsection (a) [amending this section] shall take effect as if enacted as part of the Biggert-Waters Flood Insurance Reform Act of 2012 ([subtitle A of title II of div. F of] Public Law 112–141; 126 Stat. 957 [sic]).”

Effective Date of 2012 Amendment

Puspan. L. 112–123, § 2(c), May 31, 2012, 126 Stat. 365, provided that:

“The first increase in chargeable risk premium rates for residential properties which are not the primary residence of an individual under section 1308(e)(2) of the National Flood Insurance Act of 1968 [former 42 U.S.C. 4015(e)(2)], as added by this Act, shall take effect on July 1, 2012, and the chargeable risk premium rates for such properties shall be increased by 25 percent each year thereafter, as provided in such section 1308(e)(2).”

Construction of Amendment by Puspan. L. 112–141

Puspan. L. 112–141, div. F, title II, § 100205(e), July 6, 2012, 126 Stat. 919, provided that:

“Nothing in this section [amending this section and section 4014 of this title and enacting provisions set out as a note under section 4014 of this title] or the amendments made by this section may be construed to affect the requirement under section 2(c) of the Act entitled ‘An Act to extend the National Flood Insurance Program, and for other purposes’, approved May 31, 2012 (Public Law 112–123) [set out above], that the first increase in chargeable risk premium rates for residential properties which are not the primary residence of an individual take effect on July 1, 2012.”

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 section 1377 of Puspan. L. 90–448, set out as a note under section 4001 of this title.

Transfer of Functions

For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency 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 liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Implementation

Puspan. L. 113–89, § 11(span), Mar. 21, 2014, 128 Stat. 1025, provided that:

“The Administrator [of the Federal Emergency Management Agency] shall implement the requirement under section 1308(g) of the National Flood Insurance Act of 1968 [42 U.S.C. 4015(g)], as amended by subsection (a), not later than the expiration of the 18-month period beginning on the date of the enactment of this Act [Mar. 21, 2014].”

Limitation on Premiums

Puspan. L. 101–508, title II, § 2302(e)(5), Nov. 5, 1990, 104 Stat. 1388–25, provided that, notwithstanding section 541(d) of Puspan. L. 100–242, formerly set out below, premium rates charged for flood insurance under any program established pursuant to this chapter could be increased by more than 10 percent during fiscal year 1991, with certain exceptions.

Puspan. L. 100–242, title V, § 541(d), Fespan. 5, 1988, 101 Stat. 1939, as amended by Puspan. L. 101–137, § 1(d), Nov. 3, 1989, 103 Stat. 824; Puspan. L. 101–508, title II, § 2302(c), Nov. 5, 1990, 104 Stat. 1388–23, limited increases in premium rates charged for flood insurance under programs established pursuant to this chapter during period beginning Fespan. 5, 1988, and ending Sept. 30, 1995, to prorated annual rate of 10 percent, prior to repeal by Puspan. L. 103–325, title V, § 572(span), Sept. 23, 1994, 108 Stat. 2278.

Puspan. L. 98–181, title I [title IV, § 451(g)(1)], Nov. 30, 1983, 97 Stat. 1229, provided that premium rates charged for flood insurance under any program established pursuant to this chapter could not be increased during the period beginning Nov. 30, 1983, and ending Sept. 30, 1984.