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Title 42 — The Public Health and Welfare

Chapter 50 — National Flood Insurance

§ 4003. Definitions applicable to Flood Disaster Protection Act of 1973

Statutory text

(a)

As used in this Act, unless the context otherwise requires, the term—

(1)

“community” means a State or a political subdivision thereof which has zoning and building code jurisdiction over a particular area having special flood hazards;

(2)

“Federal agency” means any department, agency, corporation, or other entity or instrumentality of the executive branch of the Federal Government, and includes the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation;

(3)

“financial assistance” means any form of loan, grant, guaranty, insurance, payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance, other than general or special revenue sharing or formula grants made to States;

(4)

“financial assistance for acquisition or construction purposes” means any form of financial assistance which is intended in whole or in part for the acquisition, construction, reconstruction, repair, or improvement of any publicly or privately owned building or mobile home, and for any machinery, equipment, fixtures, and furnishings contained or to be contained therein, and shall include the purchase or subsidization of mortgages or mortgage loans but shall exclude assistance pursuant to the Disaster Relief and Emergency Assistance Act [42 U.S.C. 5121 et seq.] (other than assistance under such Act in connection with a flood);

(5)

“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;

(6)

“Administrator” means the Administrator of the Federal Emergency Management Agency;

(7)

“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;

(8)

the term “improved real estate” means real estate upon which a building is located;

(9)

“lender” means a regulated lending institution or Federal agency lender;

(10)

“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; and

(11)

“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.

(b)

The Administrator is authorized to define or redefine, by rules and regulations, any scientific or technical term used in this Act, insofar as such definition is not inconsistent with the purposes of this Act.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Flood Disaster Protection Act of 1973

    Pub. L. 93–234 § 3 · 87 Stat. 975

    Enacted · 42 U.S.C. § 4003

    Pub. L. 93–234, § 3, Dec. 31, 1973, 87 Stat. 976

    Source evidence

    Code source credit
    Pub. L. 93–234, § 3, Dec. 31, 1973, 87 Stat. 976

    Enacted provision · exact public law section
    Sec. 3. definitions (a) As used in this Act, unless the context otherwise requires, the term— (1) “community” means a State or a political subdivision thereof which has zoning and building code jurisdiction over a particular area having special flood hazards; (2) “Federal agency” means any department, agency, corporation, or other entity or instrumentality of the executive branch of the Federal Government, and includes the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation; (3) “financial assistance” means any form of loan, grant, guaranty, insurance, payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance, other than general or special revenue sharing or formula grants made to States; (4) “financial assistance for acquisition or construction purposes” means any form of financial assistance which is intended in whole or in part for the acquisition, construction, reconstruction. repair, or improvement of any publicly or privately owned building or mobile home, and for any machinery, equipment, fixtures, and furnishings contained or to be contained therein, and shall include the purchase or subsidization of mortgages or mortgage loans but shall exclude assistance for emergency work essential for the protection and preservation of life and property performed pursuant to the Disaster Relief Act of 1970 or any 84 Stat. 1744. 42 USC 4401 note. subsequent Act of Congress which supersedes or modifies the Disaster Relief Act of 1970; (5) “Federal instrumentality responsible for the supervision, approval, regulation, or insuring of banks, savings and loan associations. or similar institutions” means the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Comptroller of the Currency, the Federal Home Loan Bank Board, the Federal Savings and Loan Insurance Corporation, and the National Credit Union Administration; and (6) “Secretary” means the Secretary of Housing and Urban Development, (b) The Secretary is authorized to define or redefine, by rules and regulations, any scientific or technical term used in this Act insofar as such definition is not inconsistent with the purposes of this Act.

  2. Housing and Community Development Act of 1977

    Pub. L. 95–128 title VII § 703(b) · 91 Stat. 1111

    Substituted · 42 U.S.C. § 4003(a)(4)

    Pub. L. 95–128 substituted “assistance pursuant to the Disaster Relief Act of 1974 (other than assistance under such Act in connection with a flood)” for “assistance for emergency work essential for the protection and preservation of life and property performed pursuant to the Disaster Relief Act of 1970 or any subsequent Act of Congress which supersedes or modifies the Disaster Relief Act of 1970”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 95–128 substituted “assistance pursuant to the Disaster Relief Act of 1974 (other than assistance under such Act in connection with a flood)” for “assistance for emergency work essential for the protection and preservation of life and property performed pursuant to the Disaster Relief Act of 1970 or any subsequent Act of Congress which supersedes or modifies the Disaster Relief Act of 1970”.

    Enacted provision · exact public law section
    (b) Section 3(a)(4) of such Act is amended by striking out all 42 USC 4003. after “mortgages or mortgage loans” and inserting in lieu thereof the following: “but shall exclude assistance pursuant to the Disaster Relief Act of 1974 (other than assistance under such Act in connection 42 USC 5121 note. with a flood);”.

  3. Rural Housing Amendments of 1983

    Pub. L. 98–181 § 451(e)(2) · 97 Stat. 1153

    Substituted · 42 U.S.C. § 4003(a)(6)

    Pub. L. 98–181, § 451(e)(2), substituted definition of “Director” meaning the Director of the Federal Emergency Management Agency for definition of “Secretary” meaning the Secretary of Housing and Urban Development

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 98–181, § 451(e)(2), substituted definition of “Director” meaning the Director of the Federal Emergency Management Agency for definition of “Secretary” meaning the Secretary of Housing and Urban Development.

    Enacted provision · exact public law section
    (2) Section 3(a)(6) of such Act is amended to read as follows: 42 USC 4003. “(6) ‘Director’ means the Director of the Federal Emergency Management Agency.”.

  4. Rural Housing Amendments of 1983

    Pub. L. 98–181 § 451(e)(1) · 97 Stat. 1153

    Substituted · 42 U.S.C. § 4003(b)

    Pub. L. 98–181, § 451(e)(1), substituted “Director” for “Secretary”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 98–181, § 451(e)(1), substituted “Director” for “Secretary”.

    Enacted provision · exact public law section
    (1) The Flood Disaster Protection Act of 1973 is amended by 42 USC 4003, 4012a, 4105–4107, 4128. striking out “Secretary” and “Secretary’s” each place they appear therein (other than as a reference to a Secretary other than the Secretary of Housing and Urban Development) and inserting in lieu thereof “Director” and “Director’s”, respectively.

  5. The Disaster Relief and Emergency Assistance Amendments of 1988

    Pub. L. 100–707 title I § 109(t) · 102 Stat. 4689

    Substituted · 42 U.S.C. § 4003(a)(4)

    Pub. L. 100–707 substituted “Disaster Relief and Emergency Assistance Act” for “Disaster Relief Act of 1974”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 100–707 substituted “Disaster Relief and Emergency Assistance Act” for “Disaster Relief Act of 1974”.

    Enacted provision · exact public law section
    (t) Flood Disaster Protection Act of 1973.— Section 3(a)(4) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4003(a)(4)) is amended by striking out “Act of 1974” and inserting in lieu thereof “and Emergency Assistance Act”.

  6. Community Development Banking and Financial Institutions Act of 1994

    Pub. L. 103–325 § 511(a)(1) · 108 Stat. 2160

    1. Added · 42 U.S.C. § 4003(a)(5)

      Pub. L. 103–325, § 511(a)(1), added par. (5)

    2. Struck · 42 U.S.C. § 4003(a)(5)

      Pub. L. 103–325, § 511(a)(1), struck out former par. (5) which read as follows: “ ‘Federal instrumentality responsible for the supervision, approval, regulation, or insuring of banks, savings and loan associations, or similar institutions’ means the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Comptroller of the Currency, the Federal Home Loan Bank Board, the Federal Savings and Loan Insurance Corporation, and the National Credit Union Administration; and”

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 103–325, § 511(a)(1), added par. (5) and struck out former par. (5) which read as follows: “ ‘Federal instrumentality responsible for the supervision, approval, regulation, or insuring of banks, savings and loan associations, or similar institutions’ means the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Comptroller of the Currency, the Federal Home Loan Bank Board, the Federal Savings and Loan Insurance Corporation, and the National Credit Union Administration; and”.

    Enacted provision · exact public law section
    (1) by striking paragraph (5) and inserting the following new paragraph: “(5) ‘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 Office of Thrift Supervision, 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;”;

  7. Community Development Banking and Financial Institutions Act of 1994

    Pub. L. 103–325 § 511(a)(2) · 108 Stat. 2160

    Added · 42 U.S.C. § 4003(a)(7)(11)

    Pub. L. 103–325, § 511(a)(2), (3), added pars. (7) to (11)

    Source evidence

    Code amendment note
    Subsec. (a)(7) to (11). Pub. L. 103–325, § 511(a)(2), (3), added pars. (7) to (11).

    Enacted provision · exact public law section
    (2) in paragraph (6), by striking the period at the end and inserting a semicolon; and

  8. Enhancing Financial Institution Safety and Soundness Act of 2010

    Pub. L. 111–203 title III § 368 · 124 Stat. 1376

    Struck · 42 U.S.C. § 4003(a)(5)

    Pub. L. 111–203 struck out “, the Office of Thrift Supervision” after “the Comptroller of the Currency”

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 111–203 struck out “, the Office of Thrift Supervision” after “the Comptroller of the Currency”.

    Enacted provision · exact public law section
    SEC. 368. FLOOD DISASTER PROTECTION ACT OF 1973.   Section 3(a)(5) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4003(a)(5)) is amended by striking “, the Office of Thrift Supervision”.

    Effective date note
    Amendment by Pub. L. 111–203 effective on the transfer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress.

  9. Biggert-Waters Flood Insurance Reform Act of 2012

    Pub. L. 112–141 div. F title II § 100238(a)(1) · 126 Stat. 405

    1. Substituted · 42 U.S.C. § 4003(a)(6)

      Pub. L. 112–141 substituted “ ‘Administrator’ ” for “ ‘Director’ ”

    2. Substituted · 42 U.S.C. § 4003(a)(6)

      Pub. L. 112–141 substituted “Administrator of” for “Director of”

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 112–141 substituted “ ‘Administrator’ ” for “ ‘Director’ ” and “Administrator of” for “Director of”.

    Enacted provision · exact public law section
    (1) by striking “Director” each place that term appears, except in section 102(f)(3) (42 U.S.C. 4012a(f)(3)), and inserting “Administrator”; and

  10. Biggert-Waters Flood Insurance Reform Act of 2012

    Pub. L. 112–141 div. F title II § 100238(a)(1) · 126 Stat. 405

    Substituted · 42 U.S.C. § 4003(b)

    Pub. L. 112–141 substituted “Administrator” for “Director”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 112–141 substituted “Administrator” for “Director”.

    Enacted provision · exact public law section
    (1) by striking “Director” each place that term appears, except in section 102(f)(3) (42 U.S.C. 4012a(f)(3)), and inserting “Administrator”; and

12 of 12 references resolved to an enrolled provision

Editorial Notes

References in Text

This Act, referred to in text, means Pub. L. 93–234, , 87 Stat. 975, known as the Flood Disaster Protection Act of 1973. 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 Disaster Relief and Emergency Assistance Act, referred to in subsec. (a)(4), is Pub. L. 93–288, , 88 Stat. 143, known as the Robert T. Stafford Disaster Relief and Emergency Assistance Act, which is classified principally to chapter 68 (§ 5121 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables.

Codification

Section was enacted as part of the Flood Disaster Protection Act of 1973, and not as part of the National Flood Insurance Act of 1968 which comprises this chapter.

Amendments1977–2012 · 6 rounds

2012

Subsec. (a)(6). Pub. L. 112–141 substituted “ ‘Administrator’ ” for “ ‘Director’ ” and “Administrator of” for “Director of”.

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

2010

Subsec. (a)(5). Pub. L. 111–203 struck out “, the Office of Thrift Supervision” after “the Comptroller of the Currency”.

1994

Subsec. (a)(5). Pub. L. 103–325, § 511(a)(1), added par. (5) and struck out former par. (5) which read as follows: “ ‘Federal instrumentality responsible for the supervision, approval, regulation, or insuring of banks, savings and loan associations, or similar institutions’ means the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Comptroller of the Currency, the Federal Home Loan Bank Board, the Federal Savings and Loan Insurance Corporation, and the National Credit Union Administration; and”.

Subsec. (a)(7) to (11). Pub. L. 103–325, § 511(a)(2), (3), added pars. (7) to (11).

1988

Subsec. (a)(4). Pub. L. 100–707 substituted “Disaster Relief and Emergency Assistance Act” for “Disaster Relief Act of 1974”.

1983

Subsec. (a)(6). Pub. L. 98–181, § 451(e)(2), substituted definition of “Director” meaning the Director of the Federal Emergency Management Agency for definition of “Secretary” meaning the Secretary of Housing and Urban Development.

Subsec. (b). Pub. L. 98–181, § 451(e)(1), substituted “Director” for “Secretary”.

1977

Subsec. (a)(4). Pub. L. 95–128 substituted “assistance pursuant to the Disaster Relief Act of 1974 (other than assistance under such Act in connection with a flood)” for “assistance for emergency work essential for the protection and preservation of life and property performed pursuant to the Disaster Relief Act of 1970 or any subsequent Act of Congress which supersedes or modifies the Disaster Relief Act of 1970”.

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Amendment by Pub. L. 111–203 effective on the transfer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress.

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 , as modified, set out as a note under section 542 of Title 6.

Credits

1973–2012 · 7 acts
  1. 1973Pub. L. 93–234, § 3, , 87 Stat. 976
  2. 1977Pub. L. 95–128, title VII, § 703(b), , 91 Stat. 1145
  3. 1983Pub. L. 98–181, title I [title IV, § 451(e)], , 97 Stat. 1229
  4. 1988Pub. L. 100–707, title I, § 109(t), , 102 Stat. 4710
  5. 1994Pub. L. 103–325, title V, § 511(a), , 108 Stat. 2255
  6. 2010Pub. L. 111–203, title III, § 368, , 124 Stat. 1557
  7. 2012Pub. L. 112–141, div. F, title II, § 100238(a)(1), , 126 Stat. 958.
Show as published

(Pub. L. 93–234, § 3, , 87 Stat. 976; Pub. L. 95–128, title VII, § 703(b), , 91 Stat. 1145; Pub. L. 98–181, title I [title IV, § 451(e)], , 97 Stat. 1229; Pub. L. 100–707, title I, § 109(t), , 102 Stat. 4710; Pub. L. 103–325, title V, § 511(a), , 108 Stat. 2255; Pub. L. 111–203, title III, § 368, , 124 Stat. 1557; Pub. L. 112–141, div. F, title II, § 100238(a)(1), , 126 Stat. 958.)

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