1 See References in Text note below.
of title 42, such co-insurance may include provisions that—
2 So in original. Two subsecs. (i) have been enacted.
Authority of mortgagee to assign its interest in any note or mortgage subject to a contract of co-insurance; terms and conditions respecting retention of co-insurance risk of such note or mortgage
Editorial Notes
References in Text

This chapter, referred to in subsecs. (a), (e), and (f)(5), was in the original “this Act”, meaning act June 27, 1934, ch. 847, 48 Stat. 1246, which is classified principally to this chapter (§ 1701 et seq.). For complete classification of this Act to the Code, see Tables.

Section 1437o of title 42, referred to in subsec. (h), was repealed by Puspan. L. 101–625, title II, § 289(span), Nov. 28, 1990, 104 Stat. 4128.

Amendments

1989—Subsec. (i). Puspan. L. 101–235 added subsec. (i) relating to annual review of, and assessment of compliance with, requirements.

1988—Subsec. (c). Puspan. L. 100–242, § 414(a), struck out subsec. (c) which read as follows: “No insurance shall be granted pursuant to this section unless the Secretary has, after due consultation with the mortgage lending industry, determined that the demonstration program of co-insurance authorized by this section will not disrupt the mortgage market or reduce the availability of mortgage credit to borrowers who depend upon mortgage insurance provided under this chapter.”

Subsec. (d). Puspan. L. 100–242, § 401(a)(3), struck out subsec. (d) which read as follows: “No mortgage, advance, or loan shall be insured pursuant to this section after March 15, 1988, except pursuant to a commitment to insure made before that date.”

Subsec. (f). Puspan. L. 100–242, § 429(g)(1), which directed that subsec. (g) be amended by striking out par. (2) which read: “The second sentence of subsection (d) of this section shall not apply to mortgages made to public housing agencies, but for purposes of such second sentence such mortgages shall not be counted in the aggregate principal amount of all mortgages insured under this subchapter.”, and by redesignating former pars. (3) to (6) as (2) to (5), was executed to subsec. (f) to reflect the probable intent of Congress, because of the prior redesignation of subsec. (g) as (f) by Puspan. L. 96–470, § 107(a).

Subsec. (h). Puspan. L. 100–242, §§ 414(span)(1), 429(g)(2), made identical amendments, substituting “co-insurance” for “coinsurance” in introductory provision and par. (4).

Puspan. L. 100–242, § 401(a)(3), struck out at end “No commitment for insurance pursuant to this subsection may be issued after March 15, 1988.”

Subsec. (i). Puspan. L. 100–242, § 414(span)(2), added subsec. (i).

1987—Subsecs. (d), (h). Puspan. L. 100–200 substituted “March 15, 1988” for “December 16, 1987”.

Puspan. L. 100–179 substituted “December 16, 1987” for “December 2, 1987”.

Puspan. L. 100–170 substituted “December 2, 1987” for “November 15, 1987”.

Puspan. L. 100–154 substituted “November 15, 1987” for “October 31, 1987”.

Puspan. L. 100–122 substituted “October 31, 1987” for “September 30, 1987”.

1986—Subsecs. (d), (h). Puspan. L. 99–430 substituted “September 30, 1987” for “September 30, 1986”.

Puspan. L. 99–345 substituted “September 30, 1986” for “June 6, 1986”.

Puspan. L. 99–289 substituted “June 6, 1986” for “April 30, 1986”.

Puspan. L. 99–272 made amendment identical to Puspan. L. 99–219. See 1985 Amendment note below.

Puspan. L. 99–267 substituted “April 30, 1986” for “March 17, 1986”.

1985—Subsec. (d). Puspan. L. 99–219, § 1(e)(1), substituted “March 17, 1986” for “December 15, 1985”.

Puspan. L. 99–156, § 1(e)(1), substituted “December 15, 1985” for “November 14, 1985”.

Puspan. L. 99–120, § 1(e)(1), substituted “November 14, 1985” for “September 30, 1985”.

Subsec. (h). Puspan. L. 99–219, § 1(e)(2), substituted “after March 17, 1986” for “on or after December 16, 1985”.

Puspan. L. 99–156, § 1(e)(2), substituted “December 16, 1985” for “November 15, 1985”.

Puspan. L. 99–120, § 1(e)(2), substituted “November 15, 1985” for “October 1, 1985”.

1984—Subsec. (d). Puspan. L. 98–479 amended subsec. (d) generally, thereby striking out last sentence which provided: “The aggregate principal amount of mortgages and loans insured pursuant to this section in any fiscal year beginning on or after July 1, 1974, and ending prior to October 1, 1985, shall not exceed 20 per centum of the aggregate principal amount of all mortgages and loans insured under this subchapter during such fiscal year.”

1983—Subsec. (d). Puspan. L. 98–181, § 401(e)(3), which directed that last two sentences of subsec. (d) be struck out was executed by striking out last sentence which provided that the overall percentage limitation specified in the preceding sentence also apply separately within each of the categories of mortgages and loans covering one- to four-family dwellings and mortgages and loans covering projects with five or more dwelling units, as the probable intent of Congress, in view of the amendment to the next to last sentence by section 401(e)(2) of Puspan. L. 98–181.

Puspan. L. 98–181, § 401(e)(1), (2), substituted “September 30, 1985” for “November 30, 1983” and “October 1, 1985” for “December 1, 1983”.

Puspan. L. 98–109 substituted “November 30, 1983” for “September 30, 1983” and “December 1, 1983” for “October 1, 1983”.

Puspan. L. 98–35 substituted “September 30, 1983” for “May 20, 1983” and “October 1, 1983” for “May 21, 1983”.

Subsec. (f)(1). Puspan. L. 98–181, § 434(1), struck out “the mortgagee is a public housing agency or an insured depository institution and” after “Where”. Notwithstanding the directory language that amendment be made to subsec. (g)(1), the amendment was executed to subsec. (f)(1) to reflect the probable intent of Congress and the intervening redesignation of subsec. (g) as (f) by Puspan. L. 96–470.

Subsec. (f)(5). Puspan. L. 98–181, § 434(2), substituted reference to section 1437a(span)(6) of title 42 for reference to section 1437a(6) of title 42 and struck out provision which defined the term “insured depository institution” as any savings bank, savings and loan association, commercial bank or other such depository institution whose deposits are insured by the Federal Deposit Insurance Corporation, by the Federal Savings and Loan Insurance Corporation, or by an agency or instrumentality of a State. Notwithstanding the directory language that amendment be made to subsec. (g)(5), the amendment was executed to subsec. (f)(5) to reflect the probable intent of Congress and the intervening redesignation of subsec. (g) as (f) by Puspan. L. 96–470.

Subsec. (h). Puspan. L. 98–181, § 303(a), added subsec. (h).

1982—Subsec. (d). Puspan. L. 97–289 substituted “May 20, 1983” and “May 21, 1983” for “September 30, 1982” and “October 1, 1982”, respectively.

1981—Subsec. (d). Puspan. L. 97–35 substituted “1982” for “1981” in two places.

1980—Subsec. (d). Puspan. L. 96–399 substituted “September 30, 1981” and “October 1, 1981” for “October 15, 1980” and “October 16, 1980”, respectively.

Puspan. L. 96–372 substituted “October 15, 1980” and “October 16, 1980” for “September 30, 1980” and “October 1, 1980”, respectively.

Subsecs. (f), (g). Puspan. L. 96–470 struck out subsec. (f) and redesignated subsec. (g) as (f).

1979—Subsec. (d). Puspan. L. 96–153 substituted “September 30, 1980” for “November 30, 1979” and “October 1, 1980” for “December 1, 1979”.

Puspan. L. 96–105 substituted “November 30, 1979” and “December 1, 1979” for “October 31, 1979” and “November 1, 1979”, respectively.

Puspan. L. 96–71 substituted “October 31, 1979” and “November 1, 1979” for “September 30, 1979” and “October 1, 1979”, respectively.

1978—Subsec. (d). Puspan. L. 95–557 substituted “September 30, 1979” for “October 31, 1978” and “October 1, 1979” for “November 1, 1978”.

Puspan. L. 95–406 substituted “October 31, 1978” for “September 30, 1978” and “November 1, 1978” for “October 1, 1978”.

1977—Subsec. (d). Puspan. L. 95–128 substituted “September 30, 1978” for “September 30, 1977” and “October 1, 1978” for “October 1, 1977”.

Puspan. L. 95–80 substituted “September 30, 1977” for “July 31, 1977”.

Puspan. L. 95–60 substituted “July 31, 1977” for “June 30, 1977”.

1976—Subsec. (a). Puspan. L. 94–375, § 6(span), inserted, in text following par. (2), a provision excluding a mortgagee which enters into a contract under this section from regulation by state insurance laws.

Subsec. (g). Puspan. L. 94–375, § 6(a), added subsec. (g).

Statutory Notes and Related Subsidiaries
Change of Name

Committee on Banking, Finance and Urban Affairs of House of Representatives treated as referring to Committee on Banking and Financial Services of House of Representatives by section 1(a) of Puspan. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Banking and Financial Services of House of Representatives abolished and replaced by Committee on Financial Services of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred from Committee on Energy and Commerce of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.

Effective Date of 1981 Amendment

Amendment by Puspan. L. 97–35 effective Oct. 1, 1981, see section 371 of Puspan. L. 97–35, set out as an Effective Date note under section 3701 of this title.