Public Law 93-234

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6500 - Consumer Protection
{{8-31-00 p.7497}}
FLOOD DISASTER PROTECTION ACT OF 1973

AN ACT
To expand the national flood insurance program by substantially increasing limits of coverage and total
amount of insurance authorized to be outstanding and by requiring known flood-prone communities to
participate in the program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress
assembled, That this Act may be cited as the "Flood Disaster Protection Act of 1973".
[Codified to 42 U.S.C. 4002 note]
[Source: Section 1 of the Act of December 31, 1973 (Pub. L. No. 93--234; 87 Stat. 975), effective
December 31, 1973]
FINDINGS AND DECLARATION OF PURPOSE
SEC. 2. (a) The Congress finds that-(1) annual losses throughout the Nation from floods and mudslides are increasing at an alarming rate,
largely as a result of the accelerating development of, and concentration of population in, areas of flood
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and mudslide hazards;
(2) the availability of Federal loans, grants, guaranties, insurance, and other forms of financial
assistance are often 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 instrumentalities insure or otherwise provide financial protection to banking and credit
institutions whose assets include a substantial number of mortgage loans and other indebtedness secured
by property exposed to loss and damage from floods and mudslides;
(5) the Nation cannot afford the tragic 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 provision of costly disaster relief benefits; and
(6) it is in the public interest for persons already living in flood-prone areas to have both an opportunity
to purchase flood insurance and access to more adequate limits of coverage, so that they will be
indemnified for their losses in the event of future flood disasters.
(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 identification of, and the dissemination of information concerning, floodprone areas;
(3) require State or local communities, as a condition of future Federal financial assistance, to
participate in the flood insurance program and to adopt adequate flood plan ordinances with effective
enforcement provisions consistent with Federal standards to reduce or avoid future flood losses; and
(4) require the purchase of flood insurance by property owners who are being assisted by Federal
programs or by federally supervised, regulated, or insured agencies or institutions in the acquisition or
improvement of land or facilities located or to be located in identified areas having special flood hazards.
[Codified to 42 U.S.C. 4002]
[Source: Section 2 of the Act of December 31, 1973 (Pub. L. No. 93--234; 87 Stat. 975), effective
December 31, 1973]
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DEFINITIONS
SEC. 3. (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 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
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subsidization of mortgages or mortgage loans but shall exclude assistance pursuant to the Disaster Relief
Act of 1974 (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 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:
(6) "Director" means the Director of the Federal Emergency Management Agency; and
(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 Director 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.
[Codified to 42 U.S.C. 4003]
[Source: Section 3 of the Act of December 31, 1973 (Pub. L. No. 93--234; 87 Stat. 976), effective
December 31, 1973, as amended by section 703(b) of title VII of the Act of October 12, 1977 (Pub. L. No.
95--128; 91 Stat. 1145), effective October 12, 1977; section 451(e) of title IV of the Act of November 30,
1983 (Pub. L. No. 98--181; 97 Stat. 1229), effective November 30, 1983; section 511(a) of title V of the Act
of September 23, 1994 (Pub. L. No. 103--325; 108 Stat. 2255), effective September 23, 1994]
*****
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REQUIREMENT TO PURCHASE FLOOD INSURANCE
SEC. 102. (a) After the expiration of sixty days following the date of enactment of this Act, no Federal
officer or agency shall approve any financial assistance for acquisition or construction purposes for use in
any area that has been identified by the Director as an area having special flood hazards and in which the
sale of flood insurance has been made available under the National Flood Insurance Act of 1968, unless
the building or mobile home and any personal property to which such financial 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 maximum limit of coverage made available with respect to the particular type of
property under the National Flood Insurance Act of 1968, whichever is less: Provided, That if the financial
assistance provided is in the form of a loan or an insurance or guaranty of a loan, the amount of flood
insurance required need not exceed the outstanding principal balance of the loan and need not be required
beyond the term of the loan. The requirement of maintaining flood insurance shall apply during the life of
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the property, regardless of transfer of ownership of such property.
(b) REQUIREMENT FOR MORTGAGE LOANS.-(1) REGULATED LENDING INSTITUTIONS.--Each Federal entity for lending regulation (after
consultation and coordination with the Financial Institutions Examination Council established under the
Federal Financial Institutions Examination 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 Director as an area having special
flood hazards and in which flood insurance has been made available under the National Flood Insurance
Act of 1968, unless the building or mobile home and any personal property securing such 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.--A Federal agency lender may not 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 Director as an area having special flood hazards and in which flood insurance
has been made available under the National Flood Insurance Act of 1968, unless the building or mobile
home and any personal property securing such loan is covered for the term of the loan by flood insurance
in the amount provided in paragraph (1). Each Federal agency lender shall issue any regulations
necessary to carry out this paragraph. Such regulations shall be consistent with and substantially identical
to the regulations issued under paragraph (1).
(3) GOVERNMENT-SPONSORED ENTERPRISES FOR HOUSING.--The Federal National Mortgage
Association and the Federal Home Loan Mortgage Corporation shall implement procedures reasonably
designed to ensure that, for any loan that is-(A) secured by improved real estate or a mobile home located in an area that has been identified, at
the time of the origination of the loan or at any time during the term of the loan, by the Director as an area
having special flood hazards and in which flood insurance is available under the National Flood Insurance
Act of 1968, and
(B) purchased by such entity,
the building or mobile home and any personal property securing the loan is covered for the term of the loan
by flood 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 Riegle Community Development and Regulatory Improvement Act of 1994.
(B) NEW COVERAGE.--Paragraphs (2) and (3) shall apply only with 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 Riegle Community Development and Regulatory Improvement Act of 1994. Paragraph (1)
shall apply with respect to any loan made,
{{8-31-00 p.7498.02}}increased, extended, or renewed by any lender supervised by the Farm Credit
Administration only after the expiration of the period under this subparagraph.
(C) CONTINUED EFFECT OF REGULATIONS.--Notwithstanding any other provision of this
subsection, the regulations to carry out paragraph (1), as in effect immediately before the date of
enactment of the Riegle Community Development and Regulatory Improvement Act of 1994, shall continue
to apply until the regulations issued to carry out paragraph (1) as amended by section 522(a) of such Act
take effect.
(c) EXCEPTIONS TO PURCHASE REQUIREMENTS.-(1) STATE-OWNED PROPERTY.--Notwithstanding the other provisions of this section, flood insurance
shall not be required on any State-owned property that is covered under an adequate State policy of selfinsurance satisfactory to the Director. The Director shall publish and periodically revise the list of States to
which this subsection applies.
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(2) SMALL LOANS.--Notwithstanding any other provision of this section, subsections (a) and (b) shall
not apply to any loan having-(A) an original outstanding principal balance of $5,000 or less; and
(B) a repayment term of 1 year or less.
(d) ESCROW OF FLOOD INSURANCE PAYMENTS.-(1) REGULATED LENDING INSTITUTIONS.--Each Federal entity for lending regulation (after
consultation and coordination with the Financial Institutions Examination Council) shall by regulation
require that, if a regulated lending institution requires the escrowing of taxes, insurance premiums, fees, or
any other charges for a loan secured by residential improved real estate or a mobile home, then all
premiums and fees for flood insurance under the National Flood Insurance Act of 1968 for the real estate
or mobile home shall be paid to the regulated lending institution or other servicer 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 institution or servicer of the loan shall deposit the premiums in an escrow account on
behalf of the borrower. Upon receipt of a notice from the Director or the provider of the insurance that
insurance premiums are due, the regulated lending institution or 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 regulation require and
provide for escrow and payment of any flood insurance premiums and fees relating to residential improved
real estate and mobile homes securing loans made by the Federal agency lender under the circumstances
and in the manner provided under paragraph (1). Any regulations issued under this paragraph shall be
consistent with and substantially identical to the regulations issued under paragraph (1).
(3) APPLICABILITY OF RESPA.--Escrow accounts established pursuant to this subsection shall be
subject to the provisions of section 10 of the Real Estate Settlement Procedures Act of 1974.
(4) DEFINITION.--For purposes of this subsection, the term "residential improved real estate" means
improved real estate for which the improvement is a residential building.
(5) APPLICABILITY.--This subsection shall apply only with 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
Riegle Community Development and Regulatory Improvement Act of 1994.
(e) PLACEMENT OF FLOOD INSURANCE BY LENDER.-(1) Notification to 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 mobile home located in an area that has been
identified by the Director (at the time 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 available under the National Flood
Insurance Act of 1968, the lender or servicer for the loan determines that the building or mobile home and
any personal property securing 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
{{10-31-08 p.7498.03}}paragraph (1), (2), or (3) of subsection (b), the lender or servicer shall notify the
borrower under the loan that the borrower should obtain, at the borrower's expense, an amount of flood
insurance for the building or mobile home and such personal property that is not less than the amount
under subsection (b)(1), for the term of the loan.
(2) PURCHASE OF COVERAGE ON BEHALF OF BORROWER.--If the borrower fails to purchase such
flood insurance within 45 days after notification under paragraph (1), the lender or servicer for the loan
shall purchase the insurance on behalf of the borrower and may charge the borrower for the cost of
premiums and fees incurred by the lender or servicer for the loan in purchasing the insurance.
(3) Review of determination regarding required purchase.-(A) IN GENERAL.--The borrower and lender for a loan secured by improved real estate or a mobile
home may jointly request the Director to review a determination of whether the building or mobile home is
located in an area having special flood hazards. Such request shall be supported by technical information
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relating to the improved real estate or mobile home. Not later than 45 days after the Director receives the
request, the Director shall review the determination and provide to the borrower and the lender with a letter
stating whether or not the building or mobile home is in an area having special flood hazards. The
determination of the Director shall be final.
(B) EFFECT OF DETERMINATION.--Any person to whom a borrower provides a letter issued by the
Director pursuant to subparagraph (A), stating that the building or mobile home securing the loan of the
borrower is not in an area having special flood hazards, shall have no obligation under this title to require
the purchase of flood insurance for such building or mobile home during the period determined by the
Director, which shall be specified in the letter and shall begin on the date on which such letter is provided.
(C) EFFECT OF FAILURE TO RESPOND.--If a request under subparagraph (A) is made in
connection with the origination of a loan and the Director fails to provide a letter under subparagraph (A)
before the later of (i) the expiration of the 45-day period under such subparagraph, or (ii) the closing of the
loan, no person shall have an obligation under this title to require the purchase of flood insurance for the
building or mobile home securing the loan until such letter is provided.
(4) APPLICABILITY.--This subsection shall apply to all loans outstanding on or after the date of
enactment of the Riegle Community Development and Regulatory Improvement Act of 1994.
(f) Civil Monetary Penalties for Failure To Require Flood Insurance or Notify.-(1) Civil monetary penalties against regulated lenders.--Any regulated lending institution that is found to
have a pattern or practice of committing violations under paragraph (2) shall be assessed a civil penalty by
the appropriate Federal entity for lending regulation in the amount provided under paragraph (5).
(2) LENDER VIOLATIONS.--The violations referred to in paragraph (1) shall include-(A) making, increasing, extending, or renewing loans in violation of-(i) the regulations issued pursuant to subsection (b) of this section;
(ii) the escrow requirements under subsection (d) of this section; or
(iii) the notice requirements under section 1364 of the National Flood Insurance Act of 1968; or
(B) failure to provide notice or purchase flood insurance coverage in violation of subsection (e) of this
section.
(3) CIVIL MONETARY PENALTIES AGAINST GSE'S.-(A) IN GENERAL.--If the Federal National Mortgage Association or the Federal Home Loan Mortgage
Corporation is found by the Director of the Federal Housing Finance Agency to have a pattern or practice
of purchasing loans in violation of the procedures established pursuant to subsection (b)(3), the Director of
such Office shall assess a civil penalty against such enterprise in the amount provided under paragraph (5)
of this subsection.
{{10-31-08 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 hearing on the record.
(5) AMOUNT.--A civil monetary penalty under this subsection may not exceed $350 for each violation
under paragraph (2) or paragraph (3). The total amount of penalties assessed under this subsection
against any single regulated lending institution or enterprise during any calendar year may not exceed
$100,000.
(6) LENDER COMPLIANCE.--Notwithstanding any State or local law, for purposes of this subsection,
any regulated lending institution that purchases flood insurance or renews a contract for flood 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 subsection (b).
(7) EFFECT OF TRANSFER ON LIABILITY.--Any sale or other transfer of a loan by a regulated lending
institution that has committed a violation under paragraph (1), that occurs subsequent to the violation, shall
not affect the liability of the transferring lender with respect to any penalty under this subsection. A lender
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shall not be liable for any violations relating to a loan committed by another regulated lending institution
that previously held the loan.
(8) DEPOSIT OF PENALTIES.--Any penalties collected under this subsection shall be paid into the
National Flood Mitigation Fund under section 1367 of the National Flood Insurance Act of 1968.
(9) ADDITIONAL PENALTIES.--Any penalty under this subsection shall be in addition to any civil
remedy or criminal penalty otherwise available.
(10) STATUTE OF LIMITATIONS.--No penalty may be imposed under this subsection after the
expiration of the 4-year period beginning on the date of the occurrence of the violation for which the
penalty is authorized under this subsection.
(g) OTHER ACTIONS TO REMEDY PATTERN OF NONCOMPLIANCE.-(1) Authority of federal entities for lending regulation.--A Federal entity for lending regulation may
require a regulated lending institution to take such remedial actions as are necessary to ensure that the
regulated lending institution complies with the requirements of the national flood insurance program if the
Federal agency for lending regulation makes a determination under paragraph (2) regarding the regulated
lending institution.
(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
violation of the regulations issued pursuant to subsection (b), (d), or (e) or the notice requirements under
section 1364 of the National Flood Insurance Act of 1968; and
(B) the regulated lending institution has not demonstrated measurable improvement in compliance
despite the assessment of civil monetary penalties under subsection (f).
(h) FEE FOR DETERMINING LOCATION.--Notwithstanding any 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 reasonable fee 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 following
requirements:
(1) BORROWER FEE.--The borrower under such a loan may be charged the fee, but only if the
determination-(A) is made pursuant to the making, increasing, extending, or renewing of the loan that is initiated by
the borrower;
(B) is made pursuant to a revision or updating under section 1360(f) of the floodplain areas and floodrisk zones or publication of a notice or compendia under subsection (h) or (i) of section 1360 that affects
the area in which the improved real estate
{{10-31-08 p.7498.05}}or mobile home securing the loan is located or that, in the determination of the
Director, may reasonably be considered to require a determination under this subsection; or
(C) results in the purchase of flood insurance coverage pursuant 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 loan.
[Codified to 42 U.S.C. 4012a]
[Source: Section 102 of title I of the Act of December 31, 1973 (Pub. L. No. 93--234; 87 Stat. 978),
effective December 31, 1973, as amended by section 451(e)(1) of title IV of the Act of November 30, 1983
(Pub. L. No. 98--181; 97 Stat. 1229), effective November 30, 1983; sections 522, 523, 524, 525, 526(b),
and 582(c) of title V of the Act of September 23, 1994 (Pub. L. No. 103--325; 108 Stat. 2257, 2258, 2259,
2260, 2262, and 2287, respectively), effective September 23, 1994; section 1161(e) of title I of the Act of
July 30, 2008 (Pub. L. No. 110--289; 122 Stat. 2780), effective July 30, 2008]
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*****
EFFECT OF NONPARTICIPATION IN FLOOD INSURANCE PROGRAM
SEC. 202. (a) No Federal officer or agency shall approve any financial assistance for acquisition or
construction purposes on and after July 1, 1975, for use in any area that has been identified by the Director
as an area having special flood hazards unless the community in which such area is situated is then
participating in the national flood insurance program.
(b) In addition to the requirements of section 1364 of the National Flood Insurance Act of 1968, each
Federal entity for lending regulation shall by regulation require the regulated lending institutions described
in such section, 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, extending, or renewing
any loan secured by property described in such section) the purchaser or lessee of such property of
whether, in the event of a disaster caused by flood to such property, Federal disaster relief assistance will
be available to such property.
[Codified to 42 U.S.C. 4106]
[Source: Section 202 of title II of the Act of December 31, 1973 (Pub. L. No. 93--234; 87 Stat. 982),
effective December 31, 1973, as amended by section 303 of title III of the Act of July 2, 1975 (Pub. L. No.
94--50; 89 Stat. 256), effective July 2, 1975; the Act of December 31, 1975 (Pub. L. No. 94--198; 89 Stat.
1116), effective December 31, 1975; section 14(a) of the Act of August 3, 1976 (Pub. L. No. 94--375; 90
Stat. 1075), effective August 3, 1976; section 703(a) of title VII of the Act of October 12, 1977 (Pub. L. No.
95--128; 91 Stat. 1144), effective October 12, 1977; section 451(e)(1) of title IV of the Act of November 30,
1983 (Pub. L. No. 98--181; 97 Stat. 1229), effective November 30, 1983; sections 411(a) and 413(a)(2) of
title IV of the Act of September 23, 1994 (Pub. L. No. 103--325; 108 Stat. 2253 and 2254), effective
September 23, 1994]
*****
AUTHORITY TO ISSUE REGULATIONS
SEC. 205. (a) The Director is authorized to issue such regulations as may be necessary to carry out the
purpose of this Act.
(b) The head of each Federal agency that administers a program of financial assistance relating to the
acquisition, construction, reconstruction, repair, or improvement of publicly or privately owned land or
facilities, and each Federal instrumentality responsible for the supervision, approval, regulation, 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 carrying out of the agency's responsibilities under this Act.
[Codified to 42 U.S.C. 4128]
{{10-31-08 p.7498.06}}
[Source: Section 205 of title II of the Act of December 31, 1973 (Pub. L. No. 93--234; 87 Stat. 983),
effective December 31, 1973, as amended by section 451(e)(1) of title IV of the Act of November 30, 1983
(Pub. L. No. 98--181; 97 Stat. 1229), effective November 30, 1983]
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