U.S. Code » Title 42 » Chapter CHAPTER 50— NATIONAL FLOOD INSURANCE › Subchapter SUBCHAPTER II— ORGANIZATION AND ADMINISTRATION OF FLOOD INSURANCE PROGRAM › Part Part A— Industry Program With Federal Financial Assistance

42 U.S.C. § 4051

Industry flood insurance pool; requirements for participation

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(a) The Administrator is authorized to encourage and otherwise assist any insurance companies and other insurers which meet the requirements prescribed under subsection (b) to form, associate, or otherwise join together in a pool—(1) in order to provide the flood insurance coverage authorized under subchapter I; and(2) for the purpose of assuming, including as reinsurance of coverage provided by the flood insurance program, on such terms and conditions as may be agreed upon, such financial responsibility as will enable such companies and other insurers, with the Federal financial and other assistance available under this chapter, to assume a reasonable proportion of responsibility for the adjustment and payment of claims for losses under the flood insurance program.(b) In order to promote the effective administration of the flood insurance program under this part, and to assure that the objectives of this chapter are furthered, the Administrator is authorized to prescribe appropriate requirements for insurance companies and other insurers participating in such pool including, but not limited to, minimum requirements for capital or surplus or assets.(Pub. L. 90–448, title XIII, § 1331, Aug. 1, 1968, 82 Stat. 582; 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, §§ 100232(d)(1), 100238(b)(1), July 6, 2012, 126 Stat. 954, 958.)Editorial NotesReferences in Text

This chapter, referred to in subsecs. (a)(2) 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—Subsec. (a). Pub. L. 112–141, § 100238(b)(1), substituted “Administrator” for “Director” in introductory provisions.

Subsec. (a)(2). Pub. L. 112–141, § 100232(d)(1), inserted “, including as reinsurance of coverage provided by the flood insurance program” before “, on such terms”.

Subsec. (b). Pub. L. 112–141, § 100238(b)(1), substituted “Administrator” for “Director”.

1983—Pub. L. 98–181 substituted “Director” for “Secretary” wherever appearing.

Statutory Notes and Related SubsidiariesEffective 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 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.

Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 1974–2025 · leading case: Irene Flick v. Liberty Mutual Fire Insurance Company
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Irene Flick v. Liberty Mutual Fire Insurance Company (2000) ca9 · cites it 2× “See 42 U.S.C. §§ 4051 , 4052. Part B authorizes the federal government to implement an alternative program through the “facilities of the federal government.”
Kolbe v. BAC Home Loans Servicing, LP (2012) ca1 “" 42 U.S.C. § 4051 (a)(2); see also id. § 4011 (authorizing -14- found that floods were not customarily among the hazards protected by standard homeowners' insurance policies.”
Ali Ekhlassi v. National Lloyds Insurance Co. (2019) ca5 · cites it 2× “The first way is through the industry program, pursuant to 42 U.S.C. §§ 4051–56, which “allows a pool of private insurers to underwrite flood insurance with financial backing from the government”.”
Carneiro Da Cunha v. Standard Fire Insurance (1997) ca11 “See 42 U.S.C. § 4051 (1994); 44 C.F.R. § 61.13 (l)(1996).”
Yonker v. Guifrida (1984) wvsd · cites it 2× “42 U.S.C. § 4051 . Plan A sets forth a program principally run and financed by the domestic insurance industry with only limited federal financial assistance.”
Commonwealth of Pa. v. National Ass'n of Flood Insurers (1974) pamd · cites it 2× “42 U.S.C. §§ 4051 , 4052; Docket Item 1 Ex.”
Greer v. Owners Insurance (2006) flnd “See 42 U.S.C. § 4051 ; 44 C.F.R. § 61.13 (f).”
Kolbe v. BAC Home Loans Servicing, LP (2012) ca1 “” 42 U.S.C. § 4051 (a)(2); see also id. § 4011 (authorizing the program).”
Stanton v. State Farm Fire and Cas. Co., Inc. (1999) sdd “Part A is codified at 42 U.S.C. §§ 4051 - 4056. In 1968 Congress also authorized “Federal Operation of the Program” wherein the federal government would assume the operational responsibility for flood insurance, utilizing private insurance companies as fiscal agents of the…”
National Flood Insurers Ass'n v. Harris (1977) dcd “Since June 6, 1969, plaintiff, the National Flood Insurance Association (“NFIA”), has participated with the United States Department of Housing and Urban Development (“HUD”) in a cooperative government-industry joint venture under part A of the NFI Act, 42 U.S.C. §§ 4051 — 4056,…”
Municipal Association of SC v. USAA General Indemnity Company (2013) ca4 “42 U.S.C. §§ 4051 , 4054, 4055. Since 1978, the NFIP has been implemented under Part B as a federally operated program with private insurers’ assistance.”
Barco Arroyo v. Federal Emergency Management Agency (1986) prd “42 U.S.C. § 4051 . Plan A sets forth a program principally run and financed by the domestic insurance industry with only limited federal financial assistance.”
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