§ 4121. Definitions

Footnotes

1. 1 So in original. The period probably should be a semicolon.

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. 1968

   Housing and Urban Development Act of 1968

   Pub. L. 90–448 title XIII § 1370 · 82 Stat. 476

   Enacted · 42 U.S.C. § 4121

   Pub. L. 90–448, title XIII, § 1370, Aug. 1, 1968, 82 Stat. 588

   Source evidence

   Code source credit
   Pub. L. 90–448, title XIII, § 1370, Aug. 1, 1968, 82 Stat. 588

   Enacted provision · exact public law section
   Sec. 1370. definitions As used in this title— (1) the term “flood” shall have such meaning as may be prescribed in regulations of the Secretary, and may include inundation from rising waters or from the overflow of streams, rivers, or other bodies of water, or from tidal surges, abnormally high tidal water, tidal waves, tsunamis, hurricanes, or other severe storms or deluge; (2) the terms “United States” (when used in a geographic sense) and “State” includes the several States, the District of Columbia; the territories and possessions, the Commonwealth of Puerto Rico, and the Trust Territory of the Pacific Islands; (3) the terms “insurance company”, “other insurer” and “insurance agent or broker” include any organizations and persons authorized to engage in the insurance business under the laws of any State; (4) the term “insurance adjustment organization” includes any organizations and persons engaged in the business of adjusting loss claims arising under insurance policies issued by any insurance company or other insurer; (5) the term “person” includes any individual or group of individuals, corporation, partnership, association, or any other organized group of persons, including State and local governments and agencies thereof; and (6) the term “Secretary” means the Secretary of Housing and Urban Development.

2. 1969

   Housing and Urban Development Act of 1969

   Pub. L. 91–152 title IV § 409(b) · 83 Stat. 379

   1. Amended · 42 U.S.C. § 4121

      Pub. L. 91–152 designated existing provisions as subsec. (a)

   2. Added · 42 U.S.C. § 4121

      Pub. L. 91–152 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 91–152 designated existing provisions as subsec. (a) and added subsec. (b).

   Enacted provision · exact public law section
   (b) Section 1370 of such Act is amended by inserting “(a) after 82 Stat. 588. 42 USC 4121. “Sec. 1370.”, and by adding at the end thereof the following new subsection: “(b) The term ‘flood’ shall also include inundation from mudslides “Flood.” which are caused by accumulations of water on or under the ground; and all of the provisions of this title shall apply with respect to such mudslides in the same manner and to the same extent as with respect to floods described in paragraph (1), subject to and in accordance with such regulations, modifying the provisions of this title (including the provisions relating to land management and use) to the extent necessary to insure that they can be effectively so applied, as the Secretary may prescribe to achieve (with respect to such mudslides) the purposes of this title and the objectives of the program.”

3. 1973

   Flood Disaster Protection Act of 1973

   Pub. L. 93–234 § 107 · 87 Stat. 975

   Inserted · 42 U.S.C. § 4121(b)

   Pub. L. 93–234, § 107, inserted “proximately” before “caused”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 93–234, § 107, inserted “proximately” before “caused”.

   Enacted provision · exact public law section
   Sec. 107. definition of flood Section 1370(b) of the National Flood Insurance Act of 1968 is amended by inserting “proximately” before “caused”. 82 Stat. 588; 83 Stat. 397. 42 USC 4121.

4. 1973

   Flood Disaster Protection Act of 1973

   Pub. L. 93–234 § 108(b) · 87 Stat. 975

   Added · 42 U.S.C. § 4121(c)

   Pub. L. 93–234, § 108(b), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 93–234, § 108(b), added subsec. (c).

   Enacted provision · exact public law section
   (b) Section 1370 of such Act is amended by adding at the end there-of the following new subsection: “(c) The term ‘flood’ shall also include the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels, and all of the provisions of this title shall apply with respect to such collapse or subsidence in the same manner and to the same extent, as with respect to floods described in paragraph (1), subject to and in accordance with such regulations, modifying the provisions of this title (including the provisions relating to land management and use) to the extent necessary to insure that they can be effectively so applied, as the Secretary may prescribe to achieve (with respect to such collapse or subsidence) the purposes of this title and the objectives of the program.”.

5. 1983

   Rural Housing Amendments of 1983

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

   Substituted · 42 U.S.C. § 4121(a)(1)

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

   Source evidence

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

   Enacted provision · exact public law section
   (1) The National Flood Insurance Act of 1968 is amended by 42 USC 4001 note. 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.

6. 1983

   Rural Housing Amendments of 1983

   Pub. L. 98–181 § 451(d)(8) · 97 Stat. 1153

   Substituted · 42 U.S.C. § 4121(a)(6)

   Pub. L. 98–181, § 451(d)(8), substituted definition of “Director” as the Director of the Federal Emergency Management Agency for definition of “Secretary” as the Secretary of Housing and Urban Development

   Source evidence

   Code amendment note
   Subsec. (a)(6). Pub. L. 98–181, § 451(d)(8), substituted definition of “Director” as the Director of the Federal Emergency Management Agency for definition of “Secretary” as the Secretary of Housing and Urban Development.

   Enacted provision · exact public law section
   (8) Section 1370(a)(6) of such Act is amended to read as follows: 42 USC 4121. “(6) the term ‘Director’ means the Director of the Federal Emergency Management Agency.”.

7. 1983

   Rural Housing Amendments of 1983

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

   Substituted · 42 U.S.C. § 4121(b); 42 U.S.C. § 4121(c)

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

   Source evidence

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

   Enacted provision · exact public law section
   (1) The National Flood Insurance Act of 1968 is amended by 42 USC 4001 note. 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.

8. 1988

   Stewart B. McKinney Homeless Assistance Amendments Act of 1988

   Pub. L. 100–628 title X § 1086(b) · 102 Stat. 3224

   Substituted · 42 U.S.C. § 4121(b); 42 U.S.C. § 4121(c)

   Pub. L. 100–628 substituted “subsection (a)(1)” for “paragraph (1)”

   Source evidence

   Code amendment note
   Subsecs. (b), (c). Pub. L. 100–628 substituted “subsection (a)(1)” for “paragraph (1)”.

   Enacted provision · exact public law section
   (b) Correction of Cross-Reference.— Subsections (b) and (c) of section 1370 of the National Flood Insurance Act of 1968 (42 U.S.C. 4121) are each amended by striking “paragraph (1)” and inserting “subsection (a)(1)”.

9. 1994

   Community Development Banking and Financial Institutions Act of 1994

   Pub. L. 103–325 title V § 512(a) · 108 Stat. 2160

   Added · 42 U.S.C. § 4121(a)(7)(14)

   Pub. L. 103–325 added pars. (7) to (14)

   Source evidence

   Code amendment note
   Subsec. (a)(7) to (14). Pub. L. 103–325 added pars. (7) to (14).

   Enacted provision · exact public law section
   (a) In General.— Section 1370(a) of the National Flood Insurance Act of 1968 (42 U.S.C. 4121(a)) is amended— (1) in paragraph (5j, by striking “and” at the end; (2) in paragraph (6), by striking the period at the end and inserting a semicolon; and (3) by inserting after paragraph (6) the following new paragraphs: “(7) the term ‘repetitive loss structure’ means a structure covered by a contract for flood insurance under this title that has incurred flood-related damage on 2 occasions during a 10-year period ending on the date of the event for which a second claim is made, in which the cost of repair, on the average, equaled or exceeded 25 percent of the value of the structure at the time of each such flood event; “(8) the term ‘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; “(9) the term ‘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; “(10) the term ‘improved real estate’ means real estate upon which a building is located; “(11) the term ‘lender means a regulated lending institution or Federal agency lender; “(12) the term ‘natural and beneficial floodplain functions’ means— “(A) the functions associated with the natural or relatively undisturbed floodplain that (i) moderate flooding, retain flood waters, reduce erosion and sedimentation, and mitigate the effect of waves and storm surge from storms, and (ii) reduce flood related damage; and “(B) ancillary beneficial functions, including maintenance of water quality and recharge of ground water, that reduce flood related damage; “(13) the term ‘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 “(14) the term ‘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.”.

10. 2004

    Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004

    Pub. L. 108–264 § 105(b)(1) · 118 Stat. 712

    1. Added · 42 U.S.C. § 4121(a)(7)

       Pub. L. 108–264, § 105(b)(1), added par. (7)

    2. Struck · 42 U.S.C. § 4121(a)(7)

       Pub. L. 108–264, § 105(b)(1), struck out former par. (7) which read as follows: “the term ‘repetitive loss structure’ means a structure covered by a contract for flood insurance under this chapter that has incurred flood-related damage on 2 occasions during a 10-year period ending on the date of the event for which a second claim is made, in which the cost of repair, on the average, equaled or exceeded 25 percent of the value of the structure at the time of each such flood event;”

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 108–264, § 105(b)(1), added par. (7) and struck out former par. (7) which read as follows: “the term ‘repetitive loss structure’ means a structure covered by a contract for flood insurance under this chapter that has incurred flood-related damage on 2 occasions during a 10-year period ending on the date of the event for which a second claim is made, in which the cost of repair, on the average, equaled or exceeded 25 percent of the value of the structure at the time of each such flood event;”.

    Enacted provision · exact public law section
    (1) by striking paragraph (7) and inserting the following: “(7) the term ‘repetitive loss structure’ means a structure covered by a contract for flood insurance that— “(A) has incurred flood-related damage on 2 occasions, in which the cost of repair, on the average, equaled or exceeded 25 percent of the value of the structure at the time of each such flood event; and “(B) at the time of the second incidence of flood-related damage, the contract for flood insurance contains increased cost of compliance coverage.” ;

11. 2004

    Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004

    Pub. L. 108–264 § 105(b)(2) · 118 Stat. 712

    Added · 42 U.S.C. § 4121(a)(15)

    Pub. L. 108–264, § 105(b)(2)–(4), added par. (15)

    Source evidence

    Code amendment note
    Subsec. (a)(15). Pub. L. 108–264, § 105(b)(2)–(4), added par. (15).

    Enacted provision · exact public law section
    (2) in paragraph (13), by striking “and” at the end;

12. 2012

    Biggert-Waters Flood Insurance Reform Act of 2012

    Pub. L. 112–141 § 100238(b)(1) · 126 Stat. 405

    Substituted · 42 U.S.C. § 4121(a)(1)

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

    Source evidence

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

    Enacted provision · exact public law section
    (1) by striking “Director” each place that term appears and inserting “Administrator”;

13. 2012

    Biggert-Waters Flood Insurance Reform Act of 2012

    Pub. L. 112–141 § 100232(d)(5) · 126 Stat. 405

    Substituted · 42 U.S.C. § 4121(a)(3)

    Pub. L. 112–141, § 100232(d)(5), substituted “include any organization or person that is authorized to engage in the business of insurance under the laws of any State, subject to the reporting requirements of the Securities Exchange Act of 1934 pursuant to section 13(a) or 15(d) of such Act (15 U.S.C. 78m(a) and 78o(d)), or authorized by the Administrator to assume reinsurance on risks insured by the flood insurance program;” for “include any organizations and persons authorized to engage in the insurance business under the laws of any State;”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 112–141, § 100232(d)(5), substituted “include any organization or person that is authorized to engage in the business of insurance under the laws of any State, subject to the reporting requirements of the Securities Exchange Act of 1934 pursuant to section 13(a) or 15(d) of such Act (15 U.S.C. 78m(a) and 78o(d)), or authorized by the Administrator to assume reinsurance on risks insured by the flood insurance program;” for “include any organizations and persons authorized to engage in the insurance business under the laws of any State;”.

    Enacted provision · exact public law section
    (5) in section 1370(a)(3) (42 U.S.C. 4121(a)(3)), by striking “include any” and all that follows and inserting the following: “include any organization or person that is authorized to engage in the business of insurance under the laws of any State, subject to the reporting requirements of the Securities Exchange Act of 1934 pursuant to section 13(a) or 15(d) of such Act (15 U.S.C. 78m(a) and 78o(d)), or authorized by the Administrator to assume reinsurance on risks insured by the flood insurance program;”.

14. 2012

    Biggert-Waters Flood Insurance Reform Act of 2012

    Pub. L. 112–141 § 100238(b)(1) · 126 Stat. 405

    Substituted · 42 U.S.C. § 4121(a)(6)

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

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 112–141, § 100238(b)(1), substituted “Administrator” for “Director” in two places.

    Enacted provision · exact public law section
    (1) by striking “Director” each place that term appears and inserting “Administrator”;

15. 2012

    Biggert-Waters Flood Insurance Reform Act of 2012

    Pub. L. 112–141 § 100238(b)(3) · 126 Stat. 405

    Struck · 42 U.S.C. § 4121(a)(9)

    Pub. L. 112–141, § 100238(b)(3), struck out “the Office of Thrift Supervision,” after “the Comptroller of the Currency,”

    Source evidence

    Code amendment note
    Subsec. (a)(9). Pub. L. 112–141, § 100238(b)(3), struck out “the Office of Thrift Supervision,” after “the Comptroller of the Currency,”.

    Enacted provision · exact public law section
    (3) in section 1370(a)(9) (42 U.S.C. 4121(a)(9)), by striking “the Office of Thrift Supervision,”.

16. 2012

    Biggert-Waters Flood Insurance Reform Act of 2012

    Pub. L. 112–141 § 100238(b)(1) · 126 Stat. 405

    Substituted · 42 U.S.C. § 4121(a)(15); 42 U.S.C. § 4121(a)(b); 42 U.S.C. § 4121(a)(c)

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

    Source evidence

    Code amendment note
    Subsecs. (a)(15), (b), (c). Pub. L. 112–141, § 100238(b)(1), substituted “Administrator” for “Director”.

    Enacted provision · exact public law section
    (1) by striking “Director” each place that term appears and inserting “Administrator”;

18 of 18 references resolved to an enrolled provision