Title 42, The Public Health and WelfareRelease 119-110
§4012 Scope of Program and Priorities
Title 42 › CHAPTER 50 — NATIONAL FLOOD INSURANCE › SUBCHAPTER I — THE NATIONAL FLOOD INSURANCE PROGRAM › § 4012
Summary
The Administrator must give first priority to offering flood insurance for homes built for 1–4 families, church buildings, and business properties run by small businesses. The Administrator can also expand the program, based on studies and information, to cover other kinds of homes, other businesses, farms, private nonprofits, and properties owned by State or local governments. Any such expansions will be set out in regulations. Flood insurance will only be offered in States or parts of States that show they want the coverage and that promise to adopt adequate land-use and control measures by December 31, 1971, consistent with the criteria in section 4102, and to start enforcing them when needed flood data are available. The Administrator must also offer insurance for residential buildings with 5 or more units, with maximum coverage equal to commercial property limits, and people living in those buildings can still get insurance for their personal belongings.
Full Legal Text
Title 42, §4012
The Public Health and Welfare, Source: USLM XML via OLRC
(a)Priority for insurance for certain residential and church properties and business concerns
In carrying out the flood insurance program the Administrator shall afford a priority to making flood insurance available to cover residential properties which are designed for the occupancy of from one to four families, church properties, and business properties which are owned or leased and operated by small business concerns.
(b)Availability of insurance for other properties
If on the basis of
(1)
(2)such other information as may be necessary,
the Administrator determines that it would be feasible to extend the flood insurance program to cover other properties, he may take such action under this chapter as from time to time may be necessary in order to make flood insurance available to cover, on such basis as may be feasible, any types and classes of— (A)
(B)other business properties,
(C)agricultural properties,
(D)properties occupied by private nonprofit organizations, and
(E)properties owned by State and local governments and agencies thereof,
and any such extensions of the program to any types and classes of these properties shall from time to time be prescribed in regulations.
(c)Availability of insurance in States or areas evidencing positive interest in securing insurance and assuring adoption of adequate land use and control measures
The Administrator shall make flood insurance available in only those States or areas (or subdivisions thereof) which he has determined have—
(1)evidenced a positive interest in securing flood insurance coverage under the flood insurance program, and
(2)given satisfactory assurance that by December 31, 1971, adequate land use and control measures will have been adopted for the State or area (or subdivision) which are consistent with the comprehensive criteria for land management and use developed under section 4102 of this title, and that the application and enforcement of such measures will commence as soon as technical information on floodways and on controlling flood elevations is available.
(d)Availability of insurance for multifamily properties
(1)In general
The Administrator shall make flood insurance available to cover residential properties of 5 or more residences. Notwithstanding any other provision of law, the maximum coverage amount that the Administrator may make available under this subsection to such residential properties shall be equal to the coverage amount made available to commercial properties.
(2)Rule of construction
Nothing in this subsection shall be construed to limit the ability of individuals residing in residential properties of 5 or more residences to obtain insurance for the contents and personal articles located in such residences.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
This chapter, referred to in subsec. (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), substituted “Administrator” for “Director”. Subsec. (b). Pub. L. 112–141, § 100238(b)(1), substituted “Administrator” for “Director” in concluding provisions following par. (2). Subsec. (b)(A). Pub. L. 112–141, § 100204(1), which directed amendment of subsec. (b)(2)(A) by inserting “not described in subsection (a) or (d)” after “properties”, was executed by making the insertion in subpar. (A) following first concluding provisions to reflect the probable intent of Congress. Subsec. (c). Pub. L. 112–141, § 100238(b)(1), substituted “Administrator” for “Director” in introductory provisions. Subsec. (d). Pub. L. 112–141, § 100204(2), added subsec. (d). 1983—Pub. L. 98–181 substituted “Director” for “Secretary” wherever appearing. 1971—Subsec. (a). Pub. L. 92–213 inserted reference to church properties. 1969—Subsec. (c)(2). Pub. L. 91–152 substituted “
December 31, 1971, adequate” for “
June 30, 1970, permanent”.
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 section 1377 of Pub. 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 section 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.
Reference
Citations & Metadata
Citation
42 U.S.C. § 4012
Title 42, The Public Health and Welfare
Last Updated
Sep 22, 2026
Release point: 119-110