H.Res. 683: H.R. 3121 - Flood Insurance Reform and Modernization Act of 2007

COMMITTEE ACTION: REPORTED BY A RECORD VOTE OF 8 - 3 on Wednesday September 26, 2007.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 220 - 188, 1 PRESENT AFTER AGREEING TO THE PREVIOUS QUESTION BY THE YEAS AND NAYS 220 - 193, 1 PRESENT on Thursday September 27, 2007. 

MANAGERS:MATSUI/SESSIONS

110th Congress 
1st Session

H.RES. 683

[Report No. 110-351]

 

H.R. 3121 - Flood Insurance Reform and Modernization Act of 2007

  1. Structured rule.
  2. Provides one hour of general debate equally divided and controlled by the Chairman and Ranking Minority Member of the Committee on Financial Services.
  3. Waives all points of order against consideration of the bill except for clauses 9 and 10 of Rule XXI.
  4. Provides that the amendment in the nature of a substitute recommended by the Committee on Financial Services now printed in the bill, modified by the amendment printed in Part A of the Rules Committee report, shall be considered as adopted in the House and in the Committee of the Whole.  The bill as amended shall be considered as an original bill for the purpose of further amendment and shall be considered as read.
  5. Waives all points of order against provisions in the bill as amended.
  6. No further amendments shall be in order except those amendments printed in Part B of the Rules Committee report accompanying the resolution.
  7. Provides that the further amendments made in order in Part B may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.
  8. Waives all points of order against the amendments printed in the report except for clauses 9 and 10 of Rule XXI.
  9. Provides one motion to recommit with or without instructions.
  10. Provides that, notwithstanding the operation of the previous question, the Chair may postpone further consideration of the bill to a time designated by the Speaker.

 

RESOLUTION

                         Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 3121) to restore the financial solvency of the national flood insurance program and to provide for such program to make available multiperil coverage for damage resulting from windstorms and floods, and for other purposes.  The first reading of the bill shall be dispensed with.  All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.  General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Financial Services.  After general debate the bill shall be considered for amendment under the five-minute rule.  The amendment in the nature of a substitute recommended by the Committee on Financial Services now printed in the bill, modified by the amendment printed in part A of the report of the Committee on Rules accompanying this resolution, shall be considered as adopted in the House and in the Committee of the Whole.  The bill, as amended, shall be considered as the original bill for the purpose of further amendment under the five-minute rule and shall be considered as read.  All points of order against provisions in the bill, as amended, are waived.  Notwithstanding clause 11 of rule XVIII, no further amendment to the bill, as amended, shall be in order except those printed in part B of the report of the Committee on Rules.  Each further amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.  All points of order against such further amendments are waived except those arising under clause 9 or 10 of rule XXI.  At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill, as amended, to the House with such further amendments as may have been adopted.  The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Sec. 2. During consideration in the House of H.R. 3121 pursuant to this resolution, notwithstanding the operation of the previous question, the Chair may postpone further consideration of the bill to such time as may be designated by the Speaker.

Part A

SUMMARY OF AMENDMENT TO BE CONSIDERED AS ADOPTED  

The amendment strikes the increase in borrowing authority available to the National Flood Insurance Program (“NFIP”) in order to make the bill compliant with PAYGO.

TEXT OF PART A

Part B

SUMMARY OF AMENDMENTS MADE IN ORDER UNDER THE RULE

*select the name of the amendment sponsor to retrieve amendment text in .pdf format.  

1. Frank (MA): Manager's Amendment. The manager’s amendment does the following: 1) requires 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) requires that specific technologies be used for mapping floodplains (such as geospatial technologies); 3) adds a professional mapping association to the Mapping Advisory Council; 4) prohibits FEMA from enforcing a penalties assessed against individual condo owners where the condo complex is underinsured regarding flood coverage; 5 directs FEMA to develop a plan to verify that the recipients 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) codifies 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. (10 minutes)

2. Cardoza (CA)/Ross (AR)/Reyes (TX): This amendment says that people forced to purchase flood insurance as a result of the new map who have lived in an area where the levees were previously certified, and have now been decertified, will receive a grace period of 5 years in which they will be entitled to a 50% reduction in their flood insurance premium while the levees are being recertified. (10 minutes)

3. Castor (FL): This amendment commissions a study by the GAO to examine the effect of the new multiperil policy on state insurance programs. (10 minutes)

4. Castor (FL): This amendment clarifies some of the priorities for wind risk criteria generation. (10 minutes)

5. Blumenauer (OR)/Welch (VT)/Gilchrest (MD): The amendment would require FEMA, when updating and maintaining flood maps, to take into consideration the impacts of global warming, the potential future impacts of global climate change-related weather events, and use the best available climate science in assessing flood and storm risks. (10 minutes)

6. Murphy, Patrick (PA)/Arcuri (NY): This amendment would create the position of National Flood Insurance Advocate in FEMA which would: (1) transmit a comprehensive report to Congress about the major problems facing the Flood Insurance Program; and (2) report to Congress about the feasibility and effectiveness of establishing an Office of the Flood Insurance Advocate, headed by the National Flood Insurance Advocate, to assist insureds in resolving problems with FEMA. (10 minutes)

7. Taylor, Gene (MS): This amendment allows multiple peril and flood insurance coverage of apartment buildings up to the total of the number of dwelling units times the maximum coverage limit per residential unit. (10 minutes)

8. Taylor, Gene (MS): The amendment prohibits a company that sells and services flood insurance policies from including language in its own windstorm policies that would exclude coverage of wind damage solely because flooding also contributed to the damage. The amendment also requires the contract between an insurance company and NFIP to state that the company has a fiduciary responsibility to federal taxpayers and will act in the best interests of NFIP. (10 minutes)

9. Costello (IL): The amendment provides that no changes in flood insurance status can go into effect until the remapping process is completed for the entire district of the Corps of Engineers affected by that map. (10 minutes)

10. Green, Gene (TX): This amendment provides a five year phase-in of flood insurance premiums for low-income homeowners or renters whose primary residence is placed within a flood plain through an updating of the flood insurance program maps if the value of the home does not exceed 75% of the state median home value. (10 minutes)

11. Berry (AR)/Ross (AR)/Hare (IL)/Emerson (MO)/Hulshof (MO)/Costello (IL): The amendment authorizes the Director of FEMA to include a note on flood insurance rate maps identifying 100-year and 500-year certified levees and encouraging property owners to evaluate their risk of flooding.  The amendment also clarifies that the note shall not be considered a legal requirement of participation in the national flood insurance program. (10 minutes)

12. Walz (MN): This amendment adds to the flood map modernization provisions of H.R. 3121 a requirement that FEMA map areas in the 100-year floodplain that would flood if not for a "levee, dam, or other man-made structure." (10 minutes)

13. Stark (CA)/ Burton (IN): This amendment requires written notification by first class mail to each property owner affected by a proposed change in flood elevations, prior to the 90-day appeal period.  Notification would include an explanation of the appeal process and contact information for responsible officials.  (10 minutes)