Homeowners' Defense Act of 2007 - Declares that the purpose of this Act is to provide federal support for state-sponsored insurance programs to: (1) help homeowners prepare for and recover from damages caused by natural catastrophes; and (2) promote the use of private market capital as a means to insure against such catastrophes.
Title I: National Catastrophe Risk Consortium - (Sec. 101) Establishes the National Catastrophe Risk Consortium as a nonprofit, nonfederal entity to: (1) inventory catastrophe risk obligations held by state reinsurance funds, and state residual insurance market entities; (2) issue, on a conduit basis, securities and other financial instruments linked to catastrophe risks insured or reinsured through Consortium members; (3) act as a centralized repository of state risk information accessible by private-market participants seeking to participate in either such financial instruments or certain reinsurance contracts; and (4) perform research and analysis that encourages standardization of the risk-linked securities market.
Makes eligible to join the Consortium any: (1) state that has established a reinsurance fund or has authorized operation of a state residual insurance market entity; or (2) state-sponsored provider of natural catastrophe insurance.
(Sec. 107) Shields the federal government and the Consortium from liability arising from Consortium actions. Requires participating states to retain all catastrophe risk until completion of specified transactions.
(Sec. 108) Authorizes appropriations for FY2008-FY2013.
Title II: National Homeowners' Insurance Stabilization Program - (Sec. 201) Instructs the Secretary of the Treasury to implement a program to make liquidity loans and catastrophic loans to qualified reinsurance programs to: (1) ensure their solvency; (2) improve the availability and affordability of homeowners' insurance; (3) encourage risk transfer to the private capital and reinsurance markets; and (4) spread the risk of catastrophic financial loss resulting from natural disasters and catastrophic events.
(Sec. 202) Prescribes terms and conditions for liquidity loans and catastrophic loans for qualified reinsurance programs. Authorizes the Secretary to enter into loan contracts.
Requires as one prerequisite for such a loan to a qualified reinsurance program that before the loan is made the state or regional reinsurance program enter into an agreement with the Secretary that the state will not use federal funds of any kind or from any federal source (including any disaster or other financial assistance, loan proceeds, and any other assistance or subsidy) to repay the loan.
Cites circumstances under which the Secretary is required to make loans upon request of a qualified reinsurance program.
Limits the use of such loans solely to providing reinsurance or retrocessional coverage to underlying primary insurers or reinsurers for losses arising from specified personal residential lines of insurance.
(Sec. 204) Authorizes the Secretary to establish a fee collection program to implement this Act.
Instructs the Secretary to require full repayment of all loans made under this Act.
Title III: Reinsurance Coverage for Qualified Reinsurance Programs - (Sec. 301) Authorizes the Secretary to make contracts for reinsurance coverage under this title available for purchase only by qualified reinsurance programs.
(Sec. 302) Declares that contracts for reinsurance coverage made available under this title: (1) shall not displace or compete with the private insurance or reinsurance markets or the capital market; (2) shall minimize the administrative costs of the federal government; and (3) shall provide coverage based solely on insured losses covered by the qualified reinsurance program purchasing the contract.
(Sec. 303) Specifies terms and conditions of qualified reinsurance programs, including: (1) a minimum attachment point; and (2) 90% coverage of insured losses in excess of retained losses.
(Sec. 304) Sets the maximum aggregate potential federal liability for payment of claims under all reinsurance contracts sold in any single year at $200 billion, or such lesser amount as the Secretary determines based on review of the reinsurance market.
Limits the authority of the Secretary to enter into reinsurance contracts for any fiscal year to the extent or in such amounts as are or have been provided in appropriation Acts for that fiscal year.
(Sec. 305) Establishes in the Treasury the Federal Natural Catastrophe Reinsurance Fund, to be credited with amounts received annually from the sale of reinsurance contracts, appropriations, and any amounts earned on investments.
Authorizes the Secretary to invest in U.S. bonds any amounts in the Fund in excess of current needs.
Title IV: General Provisions - (Sec. 401) Prescribes criteria for a qualified reinsurance program under this Act.
Directs the Secretary to establish procedures for state and regional reinsurance programs and certain state residual insurance market entities to apply for certification (and recertification) as qualified reinsurance programs.
Requires each qualified reinsurance program (except any existing state residual insurance market entity, or state-sponsored provider of natural catastrophe insurance, deemed to be a qualified reinsurance program during an initial five-year transition period) to: (1) maintain risk-based capital in accordance with requirements established by the Secretary, in consultation with the National Association of Insurance Commissioners (NAIC) and consistent with the NAIC Risk-Based Capital Model Act; and (2) take into consideration asset risk, credit risk, underwriting risk, and other relevant risks.
Directs the Secretary to recognize and give credit for the ability of any qualified reinsurance program to access capital through the liquidity loan program (established under title II of this Act) to the extent that such program is deficient in complying with any aspect of risk-based capital requirements.
Requires the Secretary to increase the credit recognized and given for a qualified reinsurance program by an amount equal to the losses paid by the program as a result of a catastrophe.
(Sec. 402) Directs the Secretary to study, on an expedited basis, the need for and impact of expanding the programs established by this Act to apply to insured losses of qualified reinsurance programs for losses arising from all commercial insurance policies covering properties composed predominantly of residential rental units (commercial residential lines of insurance).
Requires the Secretary, to the extent a need to expand is determined, and that such expansion will be effective in increasing insurance capacity for the commercial residential insurance market, to: (1) apply the provisions of this Act, as appropriate, to any such insured losses of a qualified reinsurance program; and (2) provide restrictions, limitations, or conditions with respect to the programs under this Act that the Secretary deems appropriate, based on the study.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3355 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 3355
To ensure the availability and affordability of homeowners' insurance
coverage for catastrophic events.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 3, 2007
Mr. Klein of Florida (for himself and Mr. Mahoney of Florida)
introduced the following bill; which was referred to the Committee on
Financial Services
_______________________________________________________________________
A BILL
To ensure the availability and affordability of homeowners' insurance
coverage for catastrophic events.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeowners'
Defense Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings and purposes.
TITLE I--NATIONAL CATASTROPHE RISK CONSORTIUM
Sec. 101. Establishment; status; principal office.
Sec. 102. Functions.
Sec. 103. Powers.
Sec. 104. Nonprofit entity; restriction on use of moneys; conflicts of
interest; audits.
Sec. 105. Federal assistance.
Sec. 106. Management.
Sec. 107. Staff; experts and consultants.
Sec. 108. State matching funds.
Sec. 109. Federal liability.
Sec. 110. Authorization of appropriations.
TITLE II--NATIONAL HOMEOWNERS' INSURANCE STABILIZATION PROGRAM
Sec. 201. Establishment.
Sec. 202. Liquidity loans and catastrophic loans for State and regional
reinsurance programs.
Sec. 203. Reports.
Sec. 204. Funding.
TITLE III--GENERAL PROVISIONS
Sec. 301. Qualified reinsurance programs.
Sec. 302. Definitions.
Sec. 303. Regulations.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the United States has a history of catastrophic natural
disasters, including hurricanes, tornadoes, flood, fire,
earthquakes, and volcanic eruptions;
(2) although catastrophic natural disasters occur
infrequently, they will continue to occur and are predictable;
(3) such disasters generate large economic losses and a
major component of those losses comes from damage and
destruction to homes;
(4) for the majority of Americans, their investment in
their home represents their single biggest asset and the
protection of that investment is paramount to economic and
social stability;
(5) historically, when a natural disaster eclipses the
ability of the private industry and a State to manage the loss,
the Federal Government has stepped in to provide the funding
and services needed for recovery;
(6) the cost of such Federal ``bail-outs'' are borne by all
taxpayers equally, as there is no provision to repay the money
and resources provided, which thereby unfairly burdens citizens
who live in lower risk communities;
(7) as the risk of catastrophic losses grows, so do the
risks that any premiums collected by private insurers for
extending coverage will be insufficient to cover future
catastrophes (known as timing risk), and private insurers, in
an effort to protect their shareholders and policyholders (in
the case of mutually-owned companies), have thus significantly
raised premiums and curtailed insurance coverage in States
exposed to major catastrophes;
(8) such effects on the insurance industry have been
harmful to economic activity in States exposed to major
catastrophes and have placed significant burdens on existing
residents of such States;
(9) Hurricanes Katrina, Rita, and Wilma struck the United
States in 2005, causing over $200,000,000,000 in total economic
losses, and insured losses to homeowners in excess of
$50,000,000,000;
(10) since 2004, the Congress has appropriated more than
$58,000,000,000 in disaster relief to the States affected by
natural catastrophes;
(11) the Federal Government has provided and will continue
to provide resources to pay for losses from future
catastrophes;
(12) when Federal assistance is provided to the States,
accountability for Federal funds disbursed is paramount;
(13) the Government Accountability Office or other
appropriate agencies must have the means in place to confirm
that Federal funds for catastrophe relief have reached the
appropriate victims and have contributed to the recovery effort
as efficiently as possible so that taxpayer funds are not
wasted and citizens are enabled to rebuild and resume
productive activities as quickly as possible;
(14) States that are recipients of Federal funds must be
responsible to account for and provide an efficient means for
distribution of funds to homeowners to enable the rapid
rebuilding of local economies after a catastrophic event
without unduly burdening taxpayers who live in areas seldom
affected by natural disasters;
(15) State insurance and reinsurance programs can provide a
mechanism for States to exercise that responsibility if they
appropriately underwrite and price risk, and if they pay claims
quickly and within established contractual terms; and
(16) State insurers and reinsurers, if appropriately
backstopped themselves, can absorb catastrophic risk borne by
private insurers without bearing timing risk, and thus enable
all insurers (whether State-operated or privately owned) to
underwrite and price insurance without timing risk and in such
a way to encourage property owners to pay for the appropriate
insurance to protect themselves and to take steps to mitigate
against the risks of disaster by locally appropriate methods.
(b) Purposes.--The purposes of this Act are to establish a program
to provide a Federal backstop for State-sponsored insurance programs to
help homeowners prepare for and recover from the damages caused by
natural catastrophes, to encourage mitigation and prevention for such
catastrophes, to promote the use of private market capital as a means
to insure against such catastrophes, to expedite the payment of claims
and better assist in the financial recovery from such catastrophes.
TITLE I--NATIONAL CATASTROPHE RISK CONSORTIUM
SEC. 101. ESTABLISHMENT; STATUS; PRINCIPAL OFFICE.
(a) Establishment.--There is established a body corporate to be
known as the ``National Catastrophe Risk Consortium'' (in this title
referred to as the ``Consortium'').
(b) Status.--The Consortium is not a department, agency, or
instrumentality of the United States Government.
(c) Principal Office.--The principal office and place of business
of the Consortium shall be in the District of Columbia.
SEC. 102. FUNCTIONS.
The Consortium shall--
(1) work with all States participating in the Consortium to
gather and maintain an inventory of catastrophe risk
obligations held by participating States' reinsurance funds,
risk pools, or primary insurance corporations;
(2) issue securities and other financial instruments linked
to the catastrophe risk in the capital markets;
(3) enter into reinsurance contracts with private parties,
on a conduit basis;
(4) act as a centralized repository of State risk
information that can be accessed by private-market participants
interested in underwriting risk-linked securities or entering
into reinsurance contracts;
(5) use an acquired catastrophe risk database to perform
research and analysis that encourages standardization of the
risk-linked securities market;
(6) perform any other functions that are deemed necessary
to aid in the economic transfer of catastrophe risk from
participating States to private parties; and
(7) not later than February 15 of each year, submit to
Congress a report describing the activities of the Consortium
for the preceding year.
SEC. 103. POWERS.
The Consortium--
(1) may sue and be sued, complain and defend, in its
corporate name, in any court of competent jurisdiction;
(2) may adopt, alter, and use a seal, which shall be
judicially noticed;
(3) may prescribe, amend, and repeal such rules and
regulations as may be necessary for carrying out the functions
of the Consortium;
(4) may make and perform such contracts and other
agreements with any individual or other private or public
entity however designated and wherever situated, as may be
necessary for carrying out the functions of the Consortium;
(5) may determine and prescribe the manner in which its
obligations shall be incurred and its expenses allowed and
paid;
(6) may, as necessary for carrying out the functions of the
Consortium, employ and fix the compensation of employees and
officers;
(7) may lease, purchase, or otherwise acquire, own, hold,
improve, use, or otherwise deal in and with such property
(real, personal, or mixed) or any interest therein, wherever
situated, as may be necessary for carrying out the functions of
the Consortium;
(8) may accept gifts or donations of services or of
property (real, personal, or mixed), tangible or intangible, in
furtherance of the purposes of this Act; and
(9) shall have such other powers as may be necessary and
incident to carrying out this Act.
SEC. 104. NONPROFIT ENTITY; RESTRICTION ON USE OF MONEYS; CONFLICTS OF
INTEREST; AUDITS.
(a) Nonprofit Entity.--The Consortium shall be a nonprofit
Consortium and shall have no capital stock.
(b) Restriction.--No part of the Consortium's revenue, earnings, or
other income or property shall inure to the benefit of any of its
directors, officers, or employees, and such revenue, earnings, or other
income or property shall only be used for carrying out the purposes and
functions of this Act.
(c) Conflicts of Interest.--No director, officer, or employee of
the Consortium shall in any manner, directly or indirectly, participate
in the deliberation upon or the determination of any question affecting
his or her personal interests or the interests of any Consortium,
partnership, or organization in which he or she is directly or
indirectly interested.
(d) Audits.--
(1) Audits by independent certified public accountants.--
(A) In general.--The Consortium's financial
statements shall be audited annually in accordance with
generally accepted auditing standards by independent
certified public accountants that are certified by a
regulatory authority of a State or other political
subdivision of the United States. The audits shall be
conducted at the place or places where the accounts of
the Consortium are normally kept. All books, accounts,
financial records, reports, files, and all other
papers, things, or property belonging to or in use by
the Consortium and necessary to facilitate the audit
shall be made available to the person or persons
conducting the audits, and full facilities for
verifying transactions with the balances or securities
held by depositories, fiscal agents, and custodians
shall be afforded to such person or persons.
(B) Reporting requirements.--The report of each
annual audit described in subparagraph (A) shall be
included in the annual report submitted in accordance
with section 102(7).
(2) Audit and examination of books.--The Consortium shall
ensure that the Consortium, or any duly authorized
representative of the Consortium, has access for the purpose of
audit and examination to any books, documents, papers, and
records of any recipient of assistance from the Consortium that
are pertinent to such assistance.
SEC. 105. FEDERAL ASSISTANCE.
(a) In General.--In order to carry out the functions described in
section 102, the Consortium shall be eligible to receive discretionary
grants, contracts, gifts, contributions, or technical assistance from
any Federal department or agency, to the extent permitted by law.
(b) Agreement.--In order to receive any assistance described in
this section, the Consortium shall enter into an agreement with the
Federal department or agency providing such assistance, under which the
Consortium agrees to use such assistance to provide funding and
technical assistance only for activities which the Board of Directors
of the Consortium determines are consistent with the functions
described in section 102.
SEC. 106. MANAGEMENT.
(a) Board of Directors; Membership; Designation of Chair.--
(1) Board of directors.--The management of the Consortium
shall be vested in a board of directors (referred to in this
title as the ``Board'') composed of not less than 3 members.
(2) Chair.--The Secretary of Treasury, or his designee,
shall serve as the Chair of the Board.
(3) Membership.--The members of the Board shall include--
(A) the Secretaries of Homeland Security and
Commerce, or their designees; and
(B) a member from each State participating in the
Consortium, who shall be appointed by such State.
(b) Compensation, Actual, Necessary, and Transportation Expenses.--
(1) Nongovernment employees.--Each member of the Board who
is not otherwise employed by the Federal Government shall be
entitled to receive the daily equivalent of the annual rate of
basic pay payable for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, as in effect from
time to time, for each day (including travel time) during which
such member is engaged in the actual performance of duties of
the Consortium.
(2) Government employees.--A member of the Consortium who
is an officer or employee of the Federal Government shall serve
without additional pay (or benefits in the nature of
compensation) for service as a member of the Consortium.
(3) Travel expenses.--Members of the Consortium shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with subchapter I of chapter 57 of
title 5, United States Code.
(c) Quorum.--A majority of the Board shall constitute a quorum.
(d) Executive Direction.--The Board shall appoint an executive
director of the Consortium on such terms as the Board may determine.
SEC. 107. STAFF; EXPERTS AND CONSULTANTS.
(a) Staff.--
(1) Appointment.--The Chair of the Consortium may appoint
and terminate such other staff as are necessary to enable the
Consortium to perform its duties.
(2) Compensation.--The Chair of the Consortium may fix the
compensation of the executive director and other staff.
(b) Experts and Consultants.--The Board shall procure the services
of experts and consultants as the Board considers appropriate.
SEC. 108. STATE MATCHING FUNDS.
(a) State Participation in the Consortium.--States participating in
the Consortium shall provide an aggregate amount of $10,000,000 toward
the Consortium's operations per year.
(b) Individual State Share.--The Board shall establish the
contribution of individual participating States at a level that
represents the comparable amount of risk that they are seeking to cede
to the capital markets or by means of reinsurance contracts.
SEC. 109. FEDERAL LIABILITY.
The Federal Government shall bear no liabilities arising from the
actions of the Consortium.
SEC. 110. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this section
$10,000,000 for each of fiscal years 2008 through 2012.
TITLE II--NATIONAL HOMEOWNERS' INSURANCE STABILIZATION PROGRAM
SEC. 201. ESTABLISHMENT.
The Secretary of the Treasury shall carry out a program under this
title to make liquidity loans and catastrophic loans under section 202
to State and regional reinsurance programs to ensure the solvency of
such programs, to improve the availability and affordability of
homeowners' insurance, and to spread the risk of catastrophic financial
loss resulting from natural disasters and catastrophic events.
SEC. 202. LIQUIDITY LOANS AND CATASTROPHIC LOANS FOR STATE AND REGIONAL
REINSURANCE PROGRAMS.
(a) Contracts.--The Secretary may enter into a contract with a
qualified reinsurance plan to carry out the purposes of this Act as the
Secretary may deem appropriate. The contract shall include, at a
minimum, the conditions for loan eligibility set forth in this section.
(b) Conditions for Loan Eligibility.--A loan under this section may
be made only to a State or regional reinsurance program and only if--
(1) the program cannot access capital at a cost lower than
that provided in the private market, including, catastrophe
bonds and other securities sold through the facility created in
title I of this Act, as determined by the Secretary, and a loan
may be made to such a reinsurance program only to the extent
that such program cannot access capital at such lower cost;
(2) if the occurrence of a covered event has resulted in
insured losses in the geographic area covered by the program in
excess of 150 percent of the aggregate amount of direct written
premium for homeowners' insurance, for risks located in such
geographic area, over the calendar year preceding such event;
and
(3)(A) the State or regional reinsurance program is a
qualified reinsurance program; or
(B) the loan complies with the requirements under
subsection (g).
(c) Mandatory Assistance for Qualified Reinsurance Programs.--The
Secretary shall--
(1) upon the request of a qualified reinsurance program and
subject to paragraphs (1) and (2) of subsection (b), make a
loan under subsection (d) or (e) for such program in the amount
requested by such program (subject to the limitations under
subsections (d)(2) and (e)(2), respectively); and
(2) upon the request of a Plan described in subsection
(g)(1) and subject to paragraphs (1) and (2) of subsection (b),
make a loan under subsection (g) for such Plan in the amount
requested by such Plan (subject to the limitations under
subsection (e)(2)).
(d) Liquidity Loans.--A loan under this subsection for a State or
regional reinsurance program shall be subject to the following
requirements:
(1) Preconditions.--The Secretary shall have determined
that the reinsurance program--
(A) has a capital liquidity shortage, in accordance
with regulations that the Secretary shall establish;
and
(B) cannot access capital markets at effective
rates of interest lower than those provided in
paragraph (3).
(2) Amount.--The principal amount of the loan may not
exceed the ceiling coverage level for the reinsurance program.
(3) Rate of interest.--Except as provided in subsection
(f), the loan shall bear interest at an annual rate 3
percentage points higher than marketable obligations of the
Treasury having the same term to maturity as the loan and
issued during the most recently completed month, as determined
by the Secretary, or such higher rate as may be necessary to
ensure that the amounts of interest paid under such loans
exceed the sum of the costs (as such term is defined in section
502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a) of
such loans, the administrative costs involved in carrying out a
program under this title for such loans, and any incidental
effects on governmental receipts and outlays.
(4) Use.--Amounts from a loan under this title may be used
only for the purposes that amounts made available, by a State,
to the reinsurance program may be used for under the program.
(5) Term.--Except as provided in subsections (e) and (f),
the loan shall have a term to maturity of not less than 5 years
and not more than 10 years.
(e) Catastrophic Loans.--A loan under this subsection for a State
or regional reinsurance program shall be subject to the following
requirements:
(1) Preconditions.--The Secretary shall have determined
that the reinsurance program has sustained losses as a result
of a covered event that exceed the ceiling coverage level for
the qualified reinsurance program, in accordance with
regulations that the Secretary shall establish.
(2) Amount.--The principal amount of the loan made pursuant
to a covered event referred to in paragraph (1) may not exceed
the amount by which the losses sustained by the reinsurance
program as a result of such event exceed the ceiling coverage
level for the program.
(3) Rate of interest.--Except as provided in subsection
(e), the loan shall bear interest at an annual rate 0.20
percentage points higher than marketable obligations of the
Treasury having a term to maturity of not less than 10 years
and issued during the most recently completed month, as
determined by the Secretary, or such higher rate as may be
necessary to ensure that the amounts of interest paid under
such loans exceed the sum of the costs (as such term is defined
in section 502 of the Federal Credit Reform Act of 1990 (2
U.S.C. 661a) of such loans, the administrative costs involved
in carrying out a program under this title for such loans, and
any incidental effects on governmental receipts and outlays.
(4) Use.--Amounts from a loan under this title may be used
only for the purposes that amounts made available, by a State,
to the reinsurance program may be used for under the program.
(5) Term.--Except as provided in subsections (d) and (e),
the loan shall have a term to maturity of not less than 10
years.
(f) Authority to Extend Term to Maturity.--The Secretary may extend
the term to maturity of any liquidity loan made under subsection (d) or
any catastrophic loan made under subsection (e) (including any such
loan made pursuant to subsection (g)) upon a determination that
circumstances or conditions, meeting such requirements as the Secretary
shall establish, are such that an extension is necessary. The
requirements of the Secretary under this subsection shall set forth the
circumstances and conditions under which such an extension shall be
considered necessary in the cases of--
(1) the occurrence of multiple covered events affecting the
area in which a reinsurance program is operating during a
specific period of time; and
(2) the area in which a reinsurance program is operating
has suffered economic hardship or recession, resulting in
decreased revenues available to the program.
(g) Eligibility of States Without Qualified Reinsurance Programs
for Catastrophic Loans.--
(1) Authority.--Subject to subsection (b), the Secretary
may make a catastrophic loan under subsection (e) to State
residual insurance market entity or to a State or regional
reinsurance plan that is not a qualified reinsurance plan, but
only if a public official of the State, having legal authority
to cosign a loan, cosigns for the loan along with the officers
of the State residual insurance market entity or State or
regional reinsurance program, as applicable.
(2) Interest rate.--The loan shall bear interest at an
annual rate that exceeds the rate for a loan under subsection
(c)(3) or (d)(3), as applicable, made to a qualified
reinsurance plan. Such rate shall be determined in accordance
with a schedule of interest rates, which shall be established
by the Secretary and shall provide lower rates for loans to
programs that comply with more of the requirements under
section 301 for qualified reinsurance programs and higher rates
for loans to programs that comply with fewer of such
requirements.
(3) Term to maturity.--The loan shall have a term to
maturity that is shorter in duration than allowable for a loan
under subsection (c)(5) or (d)(5), as applicable, made to a
qualified reinsurance plan. Such term to maturity shall be
determined in accordance with a schedule of such terms, which
shall be established by the Secretary and shall provide longer
terms to maturity for loans to programs that comply with more
of the requirements under section 301(a) for qualified
reinsurance programs and shorter terms to maturity for loans to
programs that comply with fewer of such requirements.
(4) Termination of lending authority.--The Secretary may
not make any loan under this subsection after the expiration of
the 5-year period that begins on the date of the enactment of
this Act.
SEC. 203. REPORTS.
The Secretary shall submit a report to the President and the
Congress annually that identifies and describes any loans made under
this title during such year and any repayments during such year of
loans made under this title, and describes actions taken to ensure
accountability of loan funds. The Secretary shall provide for regular
audits to be conducted for each loan made under this title and shall
make the reports on such audits publicly available.
SEC. 204. FUNDING.
(a) Program Fee.--
(1) In general.--The Secretary may establish and collect,
from qualified reinsurance programs that are so precertified
pursuant to section 301(b), a reasonable fee, as may be
necessary to offset the expenses of the Secretary in connection
with carrying out the responsibilities of the Secretary under
this title, including--
(A) costs of developing, implementing, and carrying
out the program under this title; and
(B) costs of providing for precertification
pursuant to section 301(b) of State and regional
reinsurance programs as a qualified reinsurance
program.
(2) Adjustment.--The Secretary may, from time to time,
adjust the fee under paragraph (1) as appropriate based on
expenses of the Secretary referred to in such paragraph.
(3) Use.--Any fees collected pursuant to this subsection
shall be credited as offsetting collections of the Department
of the Treasury and shall be available to the Secretary only
for expenses referred to in paragraph (1).
(b) Startup Costs.--There is authorized to be appropriated to the
Secretary of the Treasury for each of fiscal years 2008 through 2012
$5,000,000 for administrative costs of carrying out this title.
(c) Costs of Loans; Administrative Costs.--To the extent that
amounts of negative credit subsidy are received by the Secretary in any
fiscal year pursuant to loans made under this title, such amounts shall
be available for costs (as such term is defined in section 502 of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) of such loans and
for costs of carrying out the program under this title for such loans.
TITLE III--GENERAL PROVISIONS
SEC. 301. QUALIFIED REINSURANCE PROGRAMS.
(a) In General.--For purposes of this Act only, a program shall be
considered to be a qualified reinsurance program if the program--
(1) is authorized by State law for the purposes described
within this section;
(2) is an entity in which the authorizing State maintains a
material, financial interest;
(3) provides reinsurance or retrocessional coverage to
underlying primary insurers or reinsurers for losses arising
from all personal real property and homeowners lines of
insurance, as defined in the Uniform Property & Casualty
Product Coding Matrix published and maintained by the National
Association of Insurance Commissioners;
(4) has a governing body, a majority of whose members are
public officials; and
(5) complies with such additional organizational,
underwriting, and financial requirements, including mitigation
(building codes), insurance company State subsidiaries, anti-
concurrent clauses, and cost saving for consumers, as the
Secretary shall, by regulation, provide to carry out the
purposes of this Act.
(b) Precertification.--The Secretary shall provide establish
procedures and standards for State and regional reinsurance programs to
apply to the Secretary at any time for certification (and
recertification) as qualified reinsurance programs.
(c) Reinsurance to Cover Exposure.--This section may not be
construed to limit or prevent any insurer from obtaining reinsurance
coverage for insured losses retained by insurers pursuant to this
section, nor shall the obtaining of such coverage affect the
calculation of the amount of any loan under this title.
SEC. 302. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Ceiling coverage level.--The term ``ceiling coverage
level'' means, with respect to a qualified reinsurance program,
the maximum aggregate amount of coverage allowed, under law, to
be provided at any time by the program.
(2) Homeowners insurance.--The term ``homeowners'
insurance'' means homeowners' insurance as defined in the
Uniform Property & Casualty Product Coding Matrix published and
maintained by the National Association of Insurance
Commissioners.
(3) Insured loss.--The term ``insured loss'' means any loss
insured by a qualified reinsurance program.
(4) Qualified reinsurance program.--The term ``qualified
reinsurance program'' means a State or regional program that
meets the requirements under section 301.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
SEC. 303. REGULATIONS.
The Secretary shall issue such regulations as may be necessary to
carry out this title.
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The Committee resumed its sitting.
DEBATE - The Committee of the Whole proceeded with debate on the Brown-Waite (FL) amendment under the five-minute rule.
DEBATE - The Committee of the Whole proceeded with debate on the Putnam amendment under the five-minute rule.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Putnam amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Putnam demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
DEBATE - The Committee of the Whole proceeded with debate on the Shays amendment in the nature of a substitute under the five-minute rule.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Shays amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Shays demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
VACATING REQUEST FOR RECORDED VOTE - Mr. Putnam asked unanimous consent to vacate his earlier request for a recorded vote on his amendment, to the end that the Chair put the question de novo. Agreed to without objection.
DEBATE - The Committee of the Whole proceeded with debate on the Campbell amendment under the five-minute rule.
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The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3355.
The previous question was ordered pursuant to the rule. (consideration: CR H13367)
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text: CR H13345-13348)
Mrs. Capito moved to recommit with instructions to Financial Services. (consideration: CR H13367-13368; text: CR H13367)
DEBATE - The House proceeded with 10 minutes of debate on the Capito motion to recommit with instructions. The instructions contained in the motion see to require the bill to be reported back to the House with amendments adding a new section pertaining to prohibiting cross-subsidization from middle america.
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H13368)
On motion to recommit with instructions Failed by recorded vote: 175 - 239 (Roll no. 1073).
Roll Call #1073 (House)Passed/agreed to in House: On passage Passed by recorded vote: 258 - 155 (Roll no. 1074).
Roll Call #1074 (House)On passage Passed by recorded vote: 258 - 155 (Roll no. 1074).
Roll Call #1074 (House)Motion to reconsider laid on the table Agreed to without objection.
The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 3355.
Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.