An amendment numbered 1 printed in Part B of House Report 110-351 to require that homes insured by wind/water policies comply with existing model building codes from the International Code Council pursuant to request from the National Association of Home Builders; (2) require that specific technologies be used for mapping floodplains (such as geospatial technologies); (3) add a professional mapping association to the Mapping A dvisory Council; (4) prohibit FEMA from enforcing a penalties assessed aga inst individual condo owners where the condo complex is underinsured regarding flood coverage; (5) direct FEMA to develop a plan to verify that the r ecipients of Homeowner Assistance Grants in Mississippi and Road Home Grants in Louisiana, funded by HUD Community Development Block Grants, maintain flood insurance on their properties as required as a condition of the grants; and (6) codify recommendations in a recently released GAO report (GAO 07-1078) with respect to the National Flood Insurance Program's payments to insurance companies for their administrative costs without requiring the companies to report their costs or to comply with the existing audit requirements.
What it does: 3 changes: replaces text in 2 places, adds a sectionDescription
Manager's amendment consists of the text of the amendment contained in House Report 110-351 and printed on pages H10972-H10973 in the Congressional Record for Sept. 27, 2007.
What it changes
3 changes to H.R. 3121 · all shown in the bill's text
We couldn't read part of this amendment. That part is shown as written below.
Change 1: Replaces “14” at the section 22(b)(2)(A) with “15”
ReplacesIn H.R. 3121 · Reported in House
(A) in the matter preceding subparagraph (A), by striking "10" and inserting "
[struck: 14][inserted: 15]";Original wording
In section 22(b)(2)(A), strike “14” and insert “15”.
Change 2: Replaces “(N), and (O)” at the section 22(b)(2)(B) with “(O), and (P)”
ReplacesIn H.R. 3121 · Reported in House
(B) by redesignating subparagraphs (E), (F), (G), (H), (I), and (J) as subparagraphs (F), (G), (H), (K), (
[struck: N][inserted: O]), and ([struck: O][inserted: P]), respectively;Original wording
In section 22(b)(2)(B), strike “(N), and (O)” and insert “(O), and (P)”.
Change 3: Adds SEC. 30. PROHIBITION ON ENFORCEMENT OF PENALTY ASSESSED ON CONDOMINIUM ASSOCIATIONS at the end of the bill
Adds a sectionIn H.R. 3121 · Reported in House
(b) Report.--The Director shall submit a report to the Congress describing and explaining the findings of the study conducted under this section. The report shall be submitted not later than 12 months after the date of the enactment of this Act. Union Calendar No. 211
Inserted: SEC. 30. PROHIBITION ON ENFORCEMENT OF PENALTY ASSESSED ON CONDOMINIUM ASSOCIATIONS.
Inserted: Notwithstanding any other provision of law, the Director of the Federal Emergency Management Agency shall not apply or enforce any penalty relating to the national flood insurance program assessed, during 2005 or thereafter, on condominium associations that are underinsured under such program.
Inserted: SEC. 31. REPORT OF ADMINISTRATIVE EXPENSES OF WRITE-YOUR-OWN INSURERS; INDEPENDENT AUDITS.
Inserted: Section 1348 of the National Flood Insurance Act of 1968 (42 U.S.C. 4084) is amended by adding at the end the following new subsections:
Inserted: "(c) Any insurance company or other private organization executing any contract, agreement, or other appropriate arrangement with the Director under this part shall--
Inserted: "(1) annually submit to the Director a record of all administrative and operating costs of the program undertaken; and
Inserted: "(2) biennially submit to the Director an independent audit of the program undertaken that is conducted by a certified public accountant to ensure that payments made are proper and in accordance with this Act.
Inserted: "(d) The Director shall review the records and audits submitted under paragraphs (1) and (2) of subsection (c) to determine if such payments are reasonable and if the system by which the Director makes payments to an insurance company or other private organization under this part should be revised.
Inserted: "SEC. 32. PLAN TO VERIFY MAINTENANCE OF FLOOD INSURANCE ON MISSISSIPPI AND LOUISIANA PROPERTIES RECEIVING EMERGENCY SUPPLEMENTAL FUNDS.
Inserted: "The Director of the Federal Emergency Management Agency shall develop and implement a plan to verify that persons receiving funds under the Homeowner Grant Assistance Program of the State of Mississippi or the Road Home Program of the State of Louisiana from amounts allocated to the State of Mississippi or the State of Louisiana, respectively, from the Community development fund under the Emergency Supplemental Appropriations Act to Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 2006 (Public Law 109-148) are maintaining flood insurance on the property for which such persons receive such funds as required by each such Program.".
Original wording
At the end of the bill add the following new sections:
Shown as written
In the matter proposed to be inserted by section 7(a)(2) of the bill, amend paragraph (2) of subsection (c) to read as follows:
In the matter proposed to be inserted by section 7(d) of the bill, in paragraph (1) of subsection (d) strike “windstorm-prone areas as to land management and use, windstorm zoning, and windstorm damage prevention” and inserting “wind events as to wind hazard prevention”.
In the matter proposed to be inserted by the amendment made by section 22(a) of the bill, in subsection (k), redesignate paragraphs (4) through (8) as paragraphs (5) through (9), respectively.
In the matter proposed to be inserted by the amendment made by section 22(a) of the bill, after subsection (k)(3) insert the following new paragraph:
In the matter proposed to be inserted by the amendment made by section 22(b)(2)(E) of the bill, after subparagraph (M) insert the following new subparagraph:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
In the matter proposed to be inserted by section 7(a)(2) of the bill, amend paragraph (2) of subsection (c) to read as follows:
“(2) Community participation requirement.--Multiperil coverage pursuant to this subsection may not be provided in any area (or subdivision thereof) unless an appropriate public body shall have adopted adequate mitigation measures (with effective enforcement provisions) which the Director finds are consistent with the criteria for construction described in the International Code Council building codes relating to wind mitigation.”.
In the matter proposed to be inserted by section 7(d) of the bill, in paragraph (1) of subsection (d) strike “windstorm-prone areas as to land management and use, windstorm zoning, and windstorm damage prevention” and inserting “wind events as to wind hazard prevention”.
In the matter proposed to be inserted by the amendment made by section 22(a) of the bill, in subsection (k), redesignate paragraphs (4) through (8) as paragraphs (5) through (9), respectively.
In the matter proposed to be inserted by the amendment made by section 22(a) of the bill, after subsection (k)(3) insert the following new paragraph:
“(4) Mapping elements.--Each map updated under this section shall meet the following requirements:
“(A) Ground elevation data.--The maps shall assess the accuracy of current ground elevation data used for hydrologic and hydraulic modeling of flooding sources and mapping of the flood hazard and wherever necessary acquire new ground elevation data utilizing the most up-to-date geospatial technologies in accordance with the existing guidelines and specifications of the Federal Emergency Management Agency.
“(B) Data on a watershed basis.--The maps shall develop national flood insurance program flood data on a watershed basis--
“(i) to provide the most technically effective and efficient studies and hydrologic and hydraulic modeling; and
“(ii) to eliminate, to the maximum extent possible, discrepancies in base flood elevations between adjacent political subdivisions.
“(C) Other data.--The maps shall include any other relevant information as may be recommended by the Technical Mapping Advisory Council reestablished by section 22(b) of the Flood Insurance Reform and Modernization Act of 2007.”.
In section 22(b)(2)(A), strike “14” and insert “15”.
In section 22(b)(2)(B), strike “(N), and (O)” and insert “(O), and (P)”.
In the matter proposed to be inserted by the amendment made by section 22(b)(2)(E) of the bill, after subparagraph (M) insert the following new subparagraph:
“(N) a member of a professional mapping association or organization;”.
At the end of the bill add the following new sections:
SEC. 30. PROHIBITION ON ENFORCEMENT OF PENALTY ASSESSED ON CONDOMINIUM ASSOCIATIONS.
Notwithstanding any other provision of law, the Director of the Federal Emergency Management Agency shall not apply or enforce any penalty relating to the national flood insurance program assessed, during 2005 or thereafter, on condominium associations that are underinsured under such program.
SEC. 31. REPORT OF ADMINISTRATIVE EXPENSES OF WRITE-YOUR-OWN INSURERS; INDEPENDENT AUDITS.
Section 1348 of the National Flood Insurance Act of 1968 (42 U.S.C. 4084) is amended by adding at the end the following new subsections:
“(c) Any insurance company or other private organization executing any contract, agreement, or other appropriate arrangement with the Director under this part shall--
“(1) annually submit to the Director a record of all administrative and operating costs of the program undertaken; and
“(2) biennially submit to the Director an independent audit of the program undertaken that is conducted by a certified public accountant to ensure that payments made are proper and in accordance with this Act.
“(d) The Director shall review the records and audits submitted under paragraphs (1) and (2) of subsection (c) to determine if such payments are reasonable and if the system by which the Director makes payments to an insurance company or other private organization under this part should be revised.
“SEC. 32. PLAN TO VERIFY MAINTENANCE OF FLOOD INSURANCE ON MISSISSIPPI AND LOUISIANA PROPERTIES RECEIVING EMERGENCY SUPPLEMENTAL FUNDS.
“The Director of the Federal Emergency Management Agency shall develop and implement a plan to verify that persons receiving funds under the Homeowner Grant Assistance Program of the State of Mississippi or the Road Home Program of the State of Louisiana from amounts allocated to the State of Mississippi or the State of Louisiana, respectively, from the Community development fund under the Emergency Supplemental Appropriations Act to Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 2006 (Public Law 109-148) are maintaining flood insurance on the property for which such persons receive such funds as required by each such Program.”.
Legislative Activity
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House amendment offered
September 27, 2007
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House amendment offered
September 27, 2007
Amendment agreed to Committee of the Whole
September 27, 2007 • 2:08 PM
House amendment agreed to: On agreeing to the Frank (MA) amendment (A002) Agreed to by voice vote.
September 27, 2007 • 2:08 PM
House amendment offered/reported by : Amendment (A002) offered by Mr. Frank (MA).(consideration: CR H10972-10973; text: CR H10972-10973)
September 27, 2007 • 2:00 PM
Amendment (A002) offered by Mr. Frank (MA). (consideration: CR H10972-10973; text: CR H10972-10973)
September 27, 2007 • 2:00 PM
On agreeing to the Frank (MA) amendment (A002) Agreed to by voice vote.
September 27, 2007 • 2:08 PM