
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC4011]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                  CHAPTER 50--NATIONAL FLOOD INSURANCE
 
           SUBCHAPTER I--THE NATIONAL FLOOD INSURANCE PROGRAM
 
Sec. 4011. Authorization to establish and carry out program


(a) Authorization and establishment

    To carry out the purposes of this chapter, the Director of the 
Federal Emergency Management Agency is authorized to establish and carry 
out a national flood insurance program which will enable interested 
persons to purchase insurance against loss resulting from physical 
damage to or loss of real property or personal property related thereto 
arising from any flood occurring in the United States.

(b) Additional coverage for compliance with land use and control 
        measures

    The national flood insurance program established pursuant to 
subsection (a) of this section shall enable the purchase of insurance to 
cover the cost of compliance with land use and control measures 
established under section 4102 of this title for--
        (1) properties that are repetitive loss structures;
        (2) properties that have flood damage in which the cost of 
    repairs equals or exceeds 50 percent of the value of the structure 
    at the time of the flood event; and
        (3) properties that have sustained flood damage on multiple 
    occasions, if the Director determines that it is cost-effective and 
    in the best interests of the National Flood Insurance Fund to 
    require compliance with the land use and control measures.

The Director shall impose a surcharge on each insured of not more than 
$75 per policy to provide cost of compliance coverage in accordance with 
the provisions of this subsection.

(c) Participation and risk sharing by insurers

    In carrying out the flood insurance program the Director shall, to 
the maximum extent practicable, encourage and arrange for--
        (1) appropriate financial participation and risk sharing in the 
    program by insurance companies and other insurers, and
        (2) other appropriate participation, on other than a risk-
    sharing basis, by insurance companies and other insurers, insurance 
    agents and brokers, and insurance adjustment organizations,

in accordance with the provisions of subchapter II of this chapter.

(Pub. L. 90-448, title XIII, Sec. 1304, Aug. 1, 1968, 82 Stat. 574; Pub. 
L. 98-181, title IV, Sec. 451(d)(1), (2), Nov. 30, 1983, 97 Stat. 1229; 
Pub. L. 103-325, title V, Sec. 555(a), Sept. 23, 1994, 108 Stat. 2274.)

                       References in Text

    This chapter, referred to in subsec. (a), is title XIII of Pub. L. 
90-448, Aug. 1, 1968, 82 Stat. 572, as amended, known as the National 
Flood Insurance Act of 1968, which enacted this chapter, amended section 
2414 of this title, repealed sections 2401 to 2413 and 2415 to 2421 of 
this title, and enacted provisions set out as a note under section 4001 
of this title. For complete classification of this Act to the Code, see 
Short Title note set out under section 4001 of this title and Tables.


                               Amendments

    1994--Subsecs. (b), (c). Pub. L. 103-325 added subsec. (b) and 
redesignated former subsec. (b) as (c).
    1983--Subsec. (a). Pub. L. 98-181, Sec. 451(d)(2), substituted 
``Director of the Federal Emergency Management Agency'' for ``Secretary 
of Housing and Urban Development''.
    Subsec. (b). Pub. L. 98-181, Sec. 451(d)(1), substituted 
``Director'' for ``Secretary''.


                    Effective Date of 1994 Amendment

    Section 555(b) of Pub. L. 103-325 provided that: ``The provisions of 
subsection (a) [amending this section] shall apply only to properties 
that sustain flood-related damage after the date of enactment of this 
Act [Sept. 23, 1994].''


                 Flood Insurance Interagency Task Force

    Section 561 of Pub. L. 103-325 provided that:
    ``(a) Establishment.--There is hereby established an interagency 
task force to be known as the Flood Insurance Task Force (in this 
section referred to as the `Task Force').
    ``(b) Membership.--
        ``(1) In general.--The Task Force shall be composed of 10 
    members, who shall be the designees of--
            ``(A) the Federal Insurance Administrator;
            ``(B) the Federal Housing Commissioner;
            ``(C) the Secretary of Veterans Affairs;
            ``(D) the Administrator of the Farmers Home Administration;
            ``(E) the Administrator of the Small Business 
        Administration;
            ``(F) the Chairman of the Board of Directors of the Farm 
        Credit Administration;
            ``(G) a designee of the Financial Institutions Examination 
        Council;
            ``(H) the Director of the Office of Federal Housing 
        Enterprise Oversight;
            ``(I) the chairman of the Board of Directors of the Federal 
        Home Loan Mortgage Corporation; and
            ``(J) the chairman of the Board of Directors of the Federal 
        National Mortgage Association.
        ``(2) Qualifications.--Members of the Task Force shall be 
    designated for membership on the Task Force by reason of 
    demonstrated knowledge and competence regarding the national flood 
    insurance program.
    ``(c) Duties.--The Task Force shall carry out the following duties:
        ``(1) Recommendations of standardized enforcement procedures.--
    Make recommendations to the head of each Federal agency and 
    enterprise referred to under subsection (b)(1) regarding 
    establishment or adoption of standardized enforcement procedures 
    among such agencies and corporations responsible for enforcing 
    compliance with the requirements under the national flood insurance 
    program to ensure fullest possible compliance with such 
    requirements.
        ``(2) Study of compliance assistance.--Conduct a study of the 
    extent to which Federal agencies and the secondary mortgage market 
    can provide assistance in ensuring compliance with the requirements 
    under the national flood insurance program and submit to the 
    Congress a report describing the study and any conclusions.
        ``(3) Study of compliance model.--Conduct a study of the extent 
    to which existing programs of Federal agencies and corporations for 
    compliance with the requirements under the national flood insurance 
    program can serve as a model for other Federal agencies responsible 
    for enforcing compliance, and submit to the Congress a report 
    describing the study and any conclusions.
        ``(4) Recommendations for enforcement and compliance 
    procedures.--Develop recommendations regarding enforcement and 
    compliance procedures, based on the studies and findings of the Task 
    Force, and publish such recommendations.
        ``(5) Study of determination fees.--Conduct a study of--
            ``(A) the reasonableness of fees charged pursuant to 102(h) 
        of the Flood Disaster Protection Act of 1973 [42 U.S.C. 
        4012a(h)] for costs of determining whether the property securing 
        a loan is located in an area having special flood hazards; and
            ``(B) whether the fees charged pursuant to such section by 
        lenders and servicers are greater than the amounts paid by such 
        lenders and servicers to persons actually conducting such 
        determinations and the extent to which the fees exceed such 
        amounts.
    ``(d) Noncompensation.--Members of the Task Force shall receive no 
additional pay by reason of their service on the Task Force.
    ``(e) Chairperson.--The members of the Task Force shall elect one 
member as chairperson of the Task Force.
    ``(f) Meetings and Action.--The Task Force shall meet at the call of 
the chairman or a majority of the members of the Task Force and may take 
action by a vote of the majority of the members. The Federal Insurance 
Administrator shall coordinate and call the initial meeting of the Task 
Force.
    ``(g) Officers.--The chairperson of the Task Force may appoint any 
officers to carry out the duties of the Task Force under subsection (c).
    ``(h) Staff of Federal Agencies.--Upon request of the chairperson of 
the Task Force, the head of any of the Federal agencies and entities 
referred to under subsection (b)(1) may detail, on a nonreimbursable 
basis, any of the personnel of such agency to the Task Force to assist 
the Task Force in carrying out its duties under this section.
    ``(i) Powers.--In carrying out this section, the Task Force may hold 
hearings, sit and act at times and places, take testimony, receive 
evidence and assistance, provide information, and conduct research as 
the Task Force considers appropriate.
    ``(j) Termination.--The Task Force shall terminate upon the 
expiration of the 24-month period beginning upon the designation of the 
last member to be designated under subsection (b)(1).''
