The Flood Disaster Act of 1973

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1660-0037
Flood Disaster Prot.
Act of 1973
June 2007

FDIC: FDIC Law, Regulations, Related Acts Consumer Protection

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FDlC Law, Regulations, Related Acts

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6500 FDlC Consumer Protection
((8-31-00 p.7497))
FLOOD DISASTER PROTECTION ACT OF 1073

AN ACT
To expand the national flood insurance program by substantially inueasinglimits of caverage and total
amount of Insurance authorized to be outstandingand by requiring known flood-prone communities to
partlclpate In the progam, and for other purposes.

Be it enacted by the Senate and House ofRepresentatiwsof the United States of America in
Congmss assembled, That thls Act may be cited as the 'Flood Disaster ProtectionAct of 1973'.
[Codified to 42 U.S.C. 4002 note]
[Source: Section 1 of the Ad of De~ember31, 1973 (Pub. L. No. 93-234; 87 Stat. 9751, ehctive
December 31, 19731
FINDINGS AND DECLARATION OF PURPOSE

SEC. 2. (a) 'The Congress finds that(1) annual losses throughout the Nation from floods and mudslides are Increasingat an alarming
rate, largely as a result of the accelerating development of, and concentration of population in, areas d
flood and rnudslide hazards;
(2) the availability of Federal loans. grants, guaranties, insurance, and other forms of financial
assistance are oRen determining factors in the utilization of land and the location and construction of
public and of private industrial, commercial, and residential facilities;
(3) property acquired or constructed with grants or other Federal assistance may be exposed to risk
of loss through floods, thus frustrating the purpose for which such assistance was extended;
(4) Federal insbumentallties insure or otherwise provide financial protectionto banklng and credit
institutions whose assets include a substantial number of mortgageloans and other indebtedness
secured by property exposed to loss and damage from floods and mudslldes;
(5) the Nation cannot afford the baglc losses of life caused annually by flood occurrences. nor the
increasing losses of property suffered by flood victims, most of whom are still inadequately
compensated despite the provlslon of costly disaster rellef benefits; and
(6) it is in the public Interest for persons already llving In flood-prone areas to have both an
opportunity to purchase flood insurance end access to more adequate limits of coverage, so that they
will be indemnifd for their losses In the event of Mure flood disasters.

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(b) The purpose of this Act, therefore, Is to(1) substantially increase the limits of coverage authorized under the national flood insurance
Program;
(2) provide for the expeditious identifkatlon of, and the dissemination of lnfmatlon concerning,
flood-prone areas;
(3) requlre State or local communities, as a conditionof future Federal financial assistance, to
participate in the flood insurance program and to adopt adequate flwd plan ordinances with effective
enforcement provlslons consistent with Federal standards to reduce or avold future flwd losses; and
(4) requlre the purchase of flood Insurance by property owners who are being assisted by Federal
progams or by federally supervised, regulated, or Insured agencies or institutbns in the acquisition a
improvement of land or facilities located or to be located in identified areas having special flood hazards.
[Caditied to 42 U.S.C. 4
m

ISome: Section 2 of the Ad of December 31,1973 (Pub. L. No. 93-234; 87 Stat. 975), effective
December 31,79731

DEFINITIONS
SEC. 3. (a) As used in this Act unless the context otherwise requires, the terrn(1) 'community" means a State or a political subdivision thereof which has zonlng.and buildlng code
jurisdiction over a particular area having spedal fbod hazards;
(2) "Federal agency" means any department, agency,corporation, or other entii instrumentality of
the executive branch of the Federal Government and includes the Federal National Mortgage
Association and the Federal Home Loan Mortgage Corporatbn;
(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 indirecLFederal assistance,
other than general or speclal revenue sharlng or formula grants made to States;
(4) "financial assistance for aquisition or construction purposes' means any form of financial
assistance which is intended In whde 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 fumlshings contained or to be contained therein, and shall include the purchase
or subsidization of mortgagesor mortgage loans but.shallexclude assistance pursuant to the Disaster
Relief Act of 1974 (other than assistance under such Act In connedlon with a flood);
(5) 'Federal entlty for lending regulation" means the Board of Governon, of the Federal Reserve
System, the Federal Deposlt Insurance Corporation, the Comptroller of the Currency, the Office of Thrm
Supervision, the National Credit Union Administration, and the Farm Credit Administration, and with
respect to a particular regulated tending institution means the entity primarily responsible f a the
supervisbn of the insubtion:
(6) "DirectW means the Director d the Federal Emergency Management Agency; and
(7) "Federal agency lend& means a Federal agency that makes direct loans secured by improved
real estate or a mobile home, to the extent such agency ads in such capaciw
(8) the term 'improved real estate' means real estate upon which a building Is located;
(9) "lendef means a regulated lending institution or Federal agency lender;
(10) 'regulated lending Institutlon' means any bank, savings and loan association, credit union, farm
aedit bank, Federal land bank association, produdion aedlt assoclatlon, or slmilar institution subject to
the supervisbnof a Federal entity for lending regulation; and
(11) "servlcer" means the person responsible for receiving any scheduled periodic payments from a
b o r r w r pursuant to the terms of a loan, Including amounts for taxes, Insurance premkrms, and other
charges with respect to the properly securing the loan, and maklng 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 Dlredor is authorized to define or redefine, by rules and regulations, any scientific or technical
term used in this Act, Insofar as such deflnitlon is not Inconsistentwith the purposes of this Act.

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[Codified to 42 U.S.C. 40031
pource: Section 3 of the A d of December 31, 1973 (Pub. L..No. 93-234; 87 Stat. 976), effectiye
December 31, 1973, as amended by secUon 703(6) of title VII dthe Act of October 12, 1977 (Pub. L
No. 05-128; 91 Stat 1145), effective October 12,1977; sedbn 451(e) of title lV of h e A d of November
30,1083 (Pub. L. No. 98-181; 97 Stet. IZZQ), effective November 30, 1983; section 511(a) of bltle V o f
the Act of September 23, f 994 (Pub. L. No. 103-325; 108 Stat. 2255), effective September 23. 19941

REQUIREMENTTO PURCHASE FLOOD INSURANCE
SEC. 102. (a) After the expiration of sixty days folbwlng the date of enactment of thIs Act, no Federal
oRicer or agency shall approve any financial assistance for acquisition or construcUon purposes for use
by the Director as an area having special flood hazards and in which
in any area that has been IdenW~ed
the sale of flood insurance has been made available under the National Flood Insurance Act of lQ68,
unless the building or mobile home and any personal property to which such flnanclal assistance relates
Is covered by flood insurance In an amount at least equal to its development or project cost (less
estimated land-cost)or to the maxlmum llmlt of coverage made available wlkrespecl to the particular
type of property under the National Flood lnsurance Act of 1968, whichever Is less: ProvMed, That if the
financial assistance provided k in the fonn of a loan or an insuranceor guaranty of a loan, the amount oi
flood insurance required need not exceed the outstanding principal balanceof the loan and need not be
required beyond the term of the loan. The requirement of maintainingRood insurance shall apply during
the life of the properly, regardless of transfer of ownership of such property.
(b) REQUIREMENT FOR MORTGAGE LOANS.(1) REGULATED LENDING INSTITUTIONS.-Each Federal entity for lendlng regulation (after
consultation and coordinaUon with the Financbl lnstlhrtions Examinakn Council established under the
Federal Financial Institutions &amination Council Act of 1974) shall by regulation direct regulated
lending Institutions not to make, Increase, extend, or renew any loan secured by Improved real estate or
a mobile home located or to be located In an area that has been identified
by the Diredor as an area
having spedal flood hazards and in which flood Insurance has been made available under the National
Rood lnsurance A d of 1968, unless the building or mobile home and any personal property securing
sucf~loan is covered for the term of the loan by flood insurance in an amount at least equal to the
outstanding principal balance of the loan or the maximum limit of coverage made available under the Act
with respect to the particular type of property, whichever is less.
(2) FEDERAL AGENCY LENDERS.4 Federal agency lender may not make, increase, extend, or
renew any loan secured by hprwed real estate or a mobile home located or to be located in an area
that has been identified by the Director as an area havlng special flood hazards and in whlch flood
Insurance has been made available under the National Flood InsuranceAct of 1968, unless the building
or mobile home and any personalproperty securing such loan Is covered for the term of the loan by
flood lnsurance In the amount provided in paragraph (1). Each Federal agency lender shall issue any
reaulationsnecessary to carry out this paragraph. Such regulations shall be consistent with and
su~stantiallyi d e m - to the &gulatkns lssu-ed'under para&aph (1).
131 GOVERNMENT-SPONSORED ENTERPRISES FOR HOUSING.-The Federal National
h4&age Association and the Federal Home Loan Mortgage Corporation shall implement procedures
reasonably designed to ensure that, far any ban that i 5
(A) secured by improved real estate or a mobile home located in an area that has been identified, at
the tlme of the orlglnation of the loan or at any time during the term of the loan, by the Director as an
area havlng special flood hazards and In which flood insurance is available under the National Flood
Insurance Act of lg68, and
(B) purchased by such entity,
the bullding or mobile home and any personal property securing the loan Is covered for the term of the
loan by Rood insurance in the amount provided in paragraph (1).
(4) APPLICABILITY.(A) EXISTING COVERAGE.-Except as provided In subparagraph (B), paragraph (1) shall apply on
the date of enactment of the Rlegle Community Developmentand Regulatoly Improvement Act of 1994.
(B) NEW COVERAGE.-Paragraphs (2) and (3) shall apply only with respect to any loan made,

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increased, extended. or renewed after the expiration of the 1-year period beginning on the date of
enactment of the Rlegle Community Development and Regulatory ImprovementAct of 1994. Paragraph
(1) shall apply with respect to any loan made,
{ { M I -00 p.7498.02))increased. extended, or renewed by any lender supervised by the Farm Credit
Adminlstratlon only afterthe expiration of the period under this subparagraph.
(C) CONTINUED EFFECT OF REGULATIONS.-Notwithstanding any other provlslon of this
subsection, the regulations to carry out paragraph (I), as in effect lmrnedlately before the date of
enactment of the Riegle Community Development and Regulatory ImprovementAct of 1994, shall
continue to apply untll the regulatlons lssued to cany out paragraph (1) as amended by sedlon 522(a)
of such Act take effect.
(C) EXCEPTIONS TO PURCHASE REQUIREMENTS.(1) STATE-OWNED PROPERM.-Notwithstanding the other provisions of this section, flood
insurance shall not be requlred on any State-owned properly that is covered under an adequate State
p d i of self-insurance sat'iactory to the DLector. The Director shall publish and periidlcdly revise the
list of States to which this subsection applies.
(2) SMALL LOANS.-Notwithstanding any other provision of this sedlon, subsections (a) and (b)
shall not apply to any loan having(A) an original outstanding principal balance of $5,000 or less; and
(8) a repayment term of 1year or less.
(d) ESCROW OF FLOOD INSURANCE PAYMENTS.(1) REGULGTEO LENDING INSTITUTIONS.-Each Federal entity for lending regrlation (after
consuttatlon and coordination with the Financial lnstitutlons Examination Council) shall by regulation
require that, if a regrlated lending Institution requires theascrowing of taxes,-Insurance premiums, fees; or any other charges for a loan secured by residential Improved real estate or a m o b i home, then all
premiums and fees for flood Insurance under the Nationd Flood lnsurance Act of 1968for the real
estate or mobile home shall be paid to the regulated lending inslibtion or other senricer for the loan in a
manner sufficient to make payments as due for the duration of the loan. Upon receipt of the premiums,
the regulated lending Instilution or servicer of the loan shall deposit the premkrrns In an escrow account
on behalf of the barrower. Upon recdpt of a notice from the Director or the provkler of the insurance that
insurance premiums are due, the regulated lending institutionor servicer shall pay from the escrow
account to the provider of the insurance the amount of Insurance premiums owed.
(2) FEDERAL AGENCY LENDERS.-Each Federal agency lender shall by regulationrequire and
provlde for escrow and payment of any food Insurance premiums and fees relating to residentid
improved real estate and mobile homes securing loans made by the Federalagency lender under the
circumstances and In the manner prwided under paragraph (1). Any regulatlons lssued under this
paragraph shall be consistent with and substantially ldentlcal to the regulations lssued under paragraph
(11.
(3) APPLlCABlLrrY OF RESPA.-Escrow accounts established pursuant to this subsection shall be
subject to the provisions of sa&nlQ of the Real Estate Settlement Rooedures Act of 1974.
(4) DEFINITION.-For purposes of this subsection, the term 'residentid improved real estate' means
improved real estate for which the lmprovement is a residential building.
(5) APPLICABILITY.-This subsection shall apply only wlth respect to any loan made, Increased,
extended, or renewed after the expiration of the 1-year period beginning on the date of enactment of the
Rlegle Community Oevelopment and Regulatory ImprovementAct of 1994.
(e) PLACEMENT OF FLOW INSURANCE BY LENDER.(1) Notificationto borrower of lack of coverage.-If. at the time of origination or at any time during the
term of a loan secured by Improved real estate or by a moblie home located In an area that has been
identlfiid by the Dlrector (at the tlme of the origination of the loan or at any time during the term of the
loan) as an area having special flood hazards and In which flood insurance is avalable under the
National Flood lnsurance Act of 1968, the lender or servicer for the loan determines that the building or
mobile home and any personal pmperty securlng the loan is not covered by flood insurance or is
covered by such insurance In an amount less than the amount required for the property pursuant to
{{8-31-00 p.7498.03))paragraph (1), (2). or (3) of subsection (b), the lender or servicer shall notify the
bormwer under the loan that the borrower should obtain, at the bonoweh expense, an amount of flood
insurance for the building or mobile home and such personal property that Is not less than the amount
under subsedlon (b)(l), for the term of the loan.
(2) PURCHASEOF COVERAGE ON BEHALF OF BORROWER.-If the borrower fails to purchase
such flood Insurancewithin 45 days after notification under paragraph (I), the lender or servicer for the
loan shall purchase the insurance on behalf of the borrower and may charge the borrower for the cast of
premiums and fees Incurred by the lender or servicer for the loan in purchasing the insurance.
(3) Revlew of determination regarding requlred purchase.-

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(A) IN GENERAL.-The borrower and lender for a loan secured by improved real estate or a moblle
home may jolntly request the Director to review a determinaUon of whether the building or mobile home
is located In an area having special flood hazards. Such request shall be supported by technical
information relating to the Improved real estate or moblle home. Not later than 45 days after the Dlrector
recelves the request, the Director shall review the determinatiionand provide to the borrower and the
lender with a letter stating whether or not the bulldlng or mobile home is In an area having special flood
hazards. The determination of the Director shall be fml.
(B) EFFECT OF DHERMINATION.-Any person to whom a borrower provides a letter iswed by
the Director pursuant to subparagraph (A), stating that the building or mobile home securing the loan of
the bormwer is not In an area having speclal flood hazards, shall have no obllgation under this titie to
require the purchase of flood insurance for such building or mobile home during the period determined
by the Dlrector, whlch shall be specifled In the letter and shall begin on the date on which such letter is
provided.
(C) EFFECT OF FAILLIRETO RESPOND.-tf a request under subparagraph (A) k made in
connectionwith the origination of a loan and the Director fails to provide a letter under subparagraph (A)
before the later of (Ijthe explratlon of the 45-day period under such subparagraph, or (11) the dosing of
the loan, no person shall have an obllgation under thls title to require the purchase of flood insurance for
the building or moble home securing the loan until such letter is provided.
(4) APPLICABILITY.-This s u b d i n shall apply to all loans outstanding on or after the date of
enactment of the Riegle Community Development and Regulatory Improvement Act of 1994.
(9 Civil Monetary Penaltiesfor FailureTo Require Flood Insuranceor Notify.(1) Clvii monetary penalties agalnst regulated lenders.-Any regulated lending institution that Is found
to have a pattern or practice of committing violations underparagraph (2) shall be assessed a civil
penalty by the appropriate Federal entity for lending regulationin the amount provided under paragraph
(5).
(2) LENDER VIOLATIONS.-The violations referred to in paragraph (1) shall indude(A) making. imasing, extending, or renewing loans In violation of(i) the regulations issued pursuant to subsection (b) of this sectlon;
(Ii) the esaow requirements under subsection (d) of this section; or
(ili) the notice requirements under section 1364 of the NaUonal Flood Insurance Act of 1968; or
(B) failurn to provide notice or purchaseflood insurance coverage In violation of subsection (e) of
this section.
(3) CIVIL MONETARY PENALTIES AGAINST GSE'S.(A) IN GENERAL.-lf the Federd National MortgageAssociation or the Federal Home Loan
Mortgage Corporation is found by the Director of the O f f i of Federal Houslng Enterprise Ovemlght of
the Department of Housing and Urban Development to have a panem or practice of purchasing loans In
violation of the procedures establkhed pursuant to subsedion (bX3). the Diredor of such Office shall
assess a civil penalty agalnst such enterprise in the amount provlded under paragraph (5) of this
subsectiin.
{{a-31-00 p.7498.04))
(B) DEFINITION.-For purposes of this subsection, the term "enterprise" means the Federal
National Mortgage Association or the Federal Home Loan Mortgage Corporation.
(4) NOTICE AND HEARING.-A penalty under this subsection may be Issued only after notice and
an opportunity for a hearlng on the record.
(5) AMOUNT.-A civil monetary penalty under this subsedlon may not exceed $350 for each
violation under paragraph (2) or paragraph (3). The total amount of penalties assessed under thls
subsection against any single regulated lendlng institution or enterprise during any calendar year may
not exceed 5100,000.
(6) LENDER COMPLIANCE.4otwithstanding any State or local law, for purposes of this subsedon,
any regulated lendlng institution that purchasesflood insurance or renews a contract for Rood insurance
on behalf of or as an agent of a borrower of a loan for which flood Insurance is required shall be
considered to have complied with the regulations issued under subsectlon (b).
(7) EFFECT OF TRANSFER ON LIABILITY.-Any sale or other transfer of a loan by a regulated
lending Institution that has commilted a violation under paragraph(1). that occurs subsequent to the
vidation. shall not affect the lbbility of the transferring lender with respect to any penalty under this
subsection. A lender shall not be llable for any violations relatlng to a ban committed by another
regulated lending institution that previously held the loan.
(8) DEPOSIT OF PENALTIES.-Any penalties collected under this subsectlon shall be paid into the
National Flood MitigationFund under section 1367 of the National Flood lnsurance Act of 1968.
(9) ADDrrlONAL PENALTIES.-Any penalty under thls subsection shall be in addltlon to any clvil
remedy or criminal penalty otherwise available.

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(10) STATUTE OF LIMITATIONS.-No penalty may be imposed under this subsection after the
explratlon of the 4-year perlod beginnlngon the date of the occurrence of the vidaUon for which the
penalty is authorized under this subsection.
(g) OTHER ACTIONS TO REMEDY PATTERN OF NONCOMPLIANCE.(1) AuUlority of federal entrtles for lending regulation.-A Federal entity for lendlng regulation may
require a regulated lending institution to take such remedial actions as are necessary to ensure that the
regulated lending lnstitutbn complies with the requirements of the natbnal flood insurance program if
the Federal agency for lending regulation makes a determination under paragraph (2) regarding the
regulated lending insbtutbn.
(2) DETERMINATION OF VIOLATIONS.-A determination under this paragraph shall be a finding
that(A) the regulated lending Institution has engaged in a pattern and practice of noncompliance In
violaUon of the regulations issued pursuant to subsection (b), (d), or (e) or the notice requirements under
section 1364 of the Natkmal Flood Insurance Act of 1968; and
(B) the regulated lending institution has not demonstrated measurable improvement In compliance
despite the assessment of civil monetary penalUes under subsedlon (f).
(h) FEE FOR DETERMINING LOCATION.-Notwithstandingany other Federal or State law. any
person who makes a loan secured by Improved real estate or a mobile home or any servicer for such a
loan may charge a reasonablefee for the costs of determining whether the building or mobile home
securing the loan is located in an area having special flood hazards. but only In accordance with the
follwing requirements:
(1) BORROWER FEE.-The borrower under such a loan may be charged the fee, but only if the
detmlnation(A) is made pursuant to the making, increasing, extending, or renewing of the loan that Is initiated
by the bonower;
(8) is made pursuant to a revision or updating under section 1380(f) of the floodplain areas and
of sectlon 1380 that
flood-risk zones or publication of a notics or compendia under subsection (h) or (i)
affects the area in which the improved real estate
{{8-31-00 p.7408.05))or moblle home securing the loan is located or that In the determination of the
Director, may reasonably be considered to require a determinatbn under this subsection; or
(C) resuits in the purchase of tbcd lnsurance coverage pwsuant to the requirement under
subsection (e)(2).
(2) PURCHASER OR TRANSFEREE FEE.-The purchaser or transferee of such a loan may be
charged the fee in the case of sale or transfer of the ban.
[Codified to 42 U.S.C. 401 201

[Source: Section 102 of title I of the Act of December 31, 1973 (Pub. L No. 93-23?; 87 Stat. 978),
effective December 31, 1973, as amended by section 451(e)(1) of title IV of the Act of Nommber 30,
1983 (Pub. L. No. 98-181; 07 Stat 1229). effective November 30, 1083; sedlons 522,523,524,525,
526(b), and 582(c) of title V of the A d d Seplember 23,1094 (Pub. L. No. 103-325; 108 Stat- 2257,
2258,2259,2260,2262, and 2287, mspecth&), efidive September 23, 19941

EFFECT OF NONPARTiClPATlON IN FLOOD INSURANCE PROGRAM
SEC. 202. (a) No Federal officer or agency shall approve any financial assistance for acquisition or
constructbn purposes on and after July 1,1975, for use In any area that has been \dentiled by the
Dlrector as an area having speclal flood hazards unless the community In which such area is situated is
then participating In the natlonal flood insurance program.
(b) In addition to the requirements of s e c t l o n m of the NaUonal Flood Insurance Act of 1988, each
Federal entlty for lending regulationshall by regulaUon require the regulated lendlng lnstitutlons
described in such sectlon, and each Federal agency lender shall issue regulations requiring the Federal
agency lender, described In such section to notify (as a condition of making, Increasing, extmdlng, or
renewing any loan secured by property described in such sectton) the purchaser or Lessee of such
property of whether, In the event of a dlsaster caused by flood to such property, Federal disaster relief
assistance will be available to such property.

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[Codified to 42 U.S.C. 41061

pouroe: Section 202 of titie I1 of the Act of December 31, 1973 (Pub. L No. 93-234; 87 Stat 982),
eifixtive December 31, 1973, as amended by sectbn 303 of Lltle 111of the A d of July 2, 1975 (Pub. L.
No. Q4-50; 88 Stet. 256), eBcUve July 2, 1975; the Act d December 31, 1976 (Pub. L. No. 94-198; 89
Stat. 1116). e&c#ve December 31, 1975; section 1qa) of the Ad ofAugust 3, 1976 (Pub. L. No. 94375; 90 Stat 1075), effedive August 3, 1976;sectrbn 703(e) of tltle VII of the Act of October 12, 1977
(Pub. L. No. 96128; 91 Stat 1144), effective October 12, 1977; se&n 451(e)(1) of Me lV of the A d of
November 30,1983 (Pub. L No. 98-181; 97 Stat 1229), effedivle November 30, 7983; sections 411(a)
and 413(a)(2) oftme IV of the A d of September 23, 1994 (Pub. L. No. 103-325; 108 Stat. 2253 and
2254), effective September 23,19941

AUTHORITY TO ISSUE REGULATIONS
SEC. 205. (a) The Directu Is authorized to issue such regulations as may be necessary to carry out
the purpose of thls Act.
(b) The head of each Federal agency that administers a program of financial assistance relating to the
acquisltlon, construction, reconstruction, repair, or improvement of publidy or wvately owned land or
fadllUes, and each Federal Instrumentalityresponsible for the supervision, approval, regAation, or
Insuring of banks, savings and loan associations, or similar Institutions, shall, In cooperation with the
Director, issue appropriate rules and regulations to govern the carrylng out of the agenws
responslbllltles under this Act.
[CodifJed to 42 U.S.C. 47281

[Source: Section 205 of tiUe I1of the Act of December 31, 1973 (Pub. L. No. 93-234; 87 Stat. 983),
effectiveDecember 31, 1973, as emended by sedlon 451(8)(1) of I 8 IV of the Act of Nowmber 30,
1983 (Pub. L. No. 98-181; 97 Stat. 1229). effredive November 30, 19831
m d Consumer htectlonl
[The tab card .FRB Regulations" Wows thls.]