Compliance/Participation

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Subtitle B--Compliance and Increased Participation Loans.

Real Property.

SEC. 521. NONWAIVER OF FLOOD PURCHASE REQUIREMENT FOR

RECIPIENTS OF FEDERAL DISASTER ASSISTANCE.

Section 311(b) of the Robert T. Stafford Disaster Relief and Emergency

Assistance Act (42 U.S.C. 5154(b)) is amended by adding at the end the following

new sentence: "The requirements of this subsection may not be waived under section

301.".

SEC. 522. EXPANDED FLOOD INSURANCE PURCHASE REQUIRE-MENTS.

(a) IN GENERAL.-- Section 102(b) of the Flood Disaster Protection Act of 1973

(42 U.S.C. 4012a(b)) is amended to read as follows:

"(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 pro-vided

in paragraph (1). Each Federal agency lender shall issue any regula-tions

necessary to carry out this paragraph. Such regulations shall be consistent with

and substantially identical to the regulations issued under paragraph (1).

Regulations.

P.L. 103-325 LAWS OF 103rd CONG - 2nd SESS. Sept. 23

Sec. 522

108 STAT. 2258

"(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, 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.".

(b) EXEMPTION FOR SMALL LOANS.-- Section 102(c) of the Flood Disaster

Protection Act of 1973 (42 U.S.C. 4012a(c)) is amended--

(1) by striking "(c) Notwithstanding" and inserting the following:

"(c) EXCEPTIONS TO PURCHASE REQUIREMENTS.--

"(1) STATE-OWNED PROPERTY.-- Notwithstanding"; and

(2) by adding at the end the following new paragraph:

"(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.".

SEC. 523. ESCROW OF FLOOD INSURANCE PAYMENTS.

Section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C.

4012a) is amended by adding at the end the following new subsection:

"(d) ESCROW OF FLOOD INSURANCE PAYMENTS.--

"(1) REGULATED LENDING INSTITUTIONS.-- Each Federal entity for

lending regulation (after consultation and coordination [2259] with the

Financial Institutions Examination Council) shall by regulation require that, if

a regulated lending institution requires the escrowin8g 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 regula-tions

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.".

SEC. 524. PLACEMENT OF FLOOD INSURANCE BY LENDERS.

Section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a),

as amended by the preceding provisions of this title, is further amended by adding

at the end the following new subsection:

"(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 [2260] paragraph (1), (2), or (3)

Regulations.

P.L. 103-325 LAWS OF 103rd CONG - 2nd SESS. Sept. 23

Sec. 524

108 STAT. 2260

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 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.".

SEC. 525. PENALTIES FOR FAILURE TO REQUIRE FLOOD

INSURANCE OR NOTIFY.

Section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C.

4012a), as amended by the preceding provisions of this title, is further amended

by adding at the end the following new subsections:

"(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 Office of Federal Housing Enterprise Oversight of

the Department of Housing and Urban Development 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.

"(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 shall not be liable for any violations relating [2262] 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).".

SEC. 526. FEES FOR DETERMINING APPLICABILITY OF FLOOD

INSURANCE PURCHASE REQUIREMENTS.

Section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C.

4012a) as amended by the preceding provisions of this title, is further amended

by adding at the end the following new subsection:

"(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 flood-risk zones or

publication of a notice or compendia under subsection [2263]

(h) or (i) of section 1360 that affects the area in which the

improved real estate 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.".

SEC. 527. NOTICE REQUIREMENTS.

Section 1364 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104a)

is amended to read as follows:

"NOTICE REQUIREMENTS

"SEC. 1364. (a) NOTIFICATION OF SPECIAL FLOOD HAZARDS.--

"(1) REGULATED LENDING INSTITUTIONS.-- Each Federal entity for

lending regulation (after consultation and coordination with the Financial

Institutions Examination Council) shall by regulation require regulated lending

institutions, as a condition of making, increasing, extending, or renewing any

loan secured by improved real estate or a mobile home that the regulated

lending institution determines is located or is to be located in an area that has

been identified by the Director under this title or the Flood Disaster

Protection Act of 1973 as an area having special flood hazards, to notify the

purchaser or lessee (or obtain satisfactory assurances that the seller or lessor

has notified the purchaser or lessee) and the servicer of the loan of such

special flood hazards, in writing, a reasonable period in advance of the signing

of the purchase agreement, lease, or other documents involved in the

transaction. The regulations shall also require that the regulated lending

institution retain a record of the receipt of the notices by the purchaser or

lessee and the servicer.

Records.

"(2) FEDERAL AGENCY LENDERS.-- Each Federal agency lender shall

by regulation require notification in the manner provided under paragraph (1)

with respect to any loan that is made by the Federal agency lender and

secured by improved real estate or a mobile home located or to be located in

an area that has been identified by the Director under this title or the Flood

Disaster Protection Act of 1973 as an area having special flood hazards. Any

regulations issued under this paragraph shall be consistent with and

substantially identical to the regulations issued under paragraph (1).

"(3) CONTENTS OF NOTICE.-- Written notification required under this

subsection shall include--

"(A) a warning, in a form to be established by the Director,

stating that the building on the improved real estate securing the loan

is located, or the mobile home securing the loan is or is to be located,

in an area having special flood hazards;

"(B) a description of the flood insurance purchase

requirements under section 102(b) of the Flood Disaster Protection

Act of 1973;

Regulations.

P.L. 103-325 LAWS OF 103rd CONG - 2nd SESS. Sept. 23

Sec. 527

108 STAT. 2264

"(C) a statement that flood insurance coverage may be

purchased under the national flood insurance program and is also

available from private insurers; and

"(D) any other information that the Director considers

necessary to carry out the purposes of the national flood insurance

program.

"(b) NOTIFICATION OF CHANGE OF SERVICER.--

Regulations. "(1) LENDING INSTITUTIONS.-- Each Federal entity for lending

regulation (after consultation and coordination with the Financial

Institutions Examination Council) shall by regulation require regulated

lending institutions, in connection with the making, increasing, extending,

renewing, selling, or transferring any loan described in subsection (a)(1), to

notify the Director (or the designee of the Director) in writing during the

term of the loan of the servicer of the loan. Such institutions shall also

notify the Director (or such designee) of any change in the servicer of the

loan, not later than 60 days after the effective date of such change. The

regulations under this subsection shall provide that upon any change in the

servicing of a loan, the duty to provide notification under this subsection

shall transfer to the transferee servicer of the loan.

Regulations. "(2) FEDERAL AGENCY LENDERS.-- Each Federal agency lender shall

by regulation provide for notification in the manner provided under

paragraph (1) with respect to any loan described in subsection (a)(1) that is

made by the Federal agency lender. Any regulations issued under this

paragraph shall be consistent with and substantially identical to the

regulations issued under paragraph (1) of this subsection.

"(c) NOTIFICATION OF EXPIRATION OF INSURANCE.-- The Director (or the

designee of the Director) shall, not less than 45 days before the expiration of any

contract for flood insurance under this title, issue notice of such expiration by

first class mail to the owner of the property covered by the contract, the servicer

of any loan secured by the property covered by the contract, and (if known to the

Director) the owner of the loan.".

SEC. 528. STANDARD HAZARD DETERMINATION FORMS.

Chapter III of the National Flood Insurance Act of 1968 (42 U.S.C. 4101

et seq.) is amended by adding at the end the following new section:

"STANDARD HAZARD DETERMINATION FORMS

42 USC 4104b. "SEC. 1365. (a) DEVELOPMENT.-- The Director, in consultation with

representatives of the mortgage and lending industry, the Federal entities for

lending regulation, the Federal agency lenders, and any other appropriate

individuals, shall develop a standard form for determining, in the case of a loan

secured by improved real estate or a mobile home, whether the building or

mobile home is located in an area identified by the Director as an area having

special flood hazards and in which flood insurance under this title is available.

Regulations. The form shall be established by regulations issued not later than 270 days after

the date of enactment of the Riegle Community Development and Regulatory

Improvement Act of 1994.

"(b) DESIGN AND CONTENTS.--

"(1) PURPOSE.-- The form under subsection (a) shall be designed to

facilitate compliance with the flood insurance purchase requirements of this

title.

"(2) CONTENTS.-- The form shall require identification of the type of

flood-risk zone in which the building or mobile home is located, the

complete map and panel numbers for the improved real estate or property

on which the mobile home is located, the community identification number

and community participation status (for purposes of the national flood

insurance program) of the community in which the improved real estate or

such property is located, and the date of the map used for the determination,

with respect to flood hazard information on file with the Director. If the

building or mobile home is not located in an area having special flood

hazards the form shall require a statement to such effect and shall indicate

the complete map and panel numbers of the improved real estate or

property on which the mobile home is located. If the complete map and

panel numbers are not available because the building or mobile home is not

located in a community that is participating in the national flood insurance

program or because no map exists for the relevant area, the form shall

require a statement to such effect. The form shall provide for inclusion or

attachment of any relevant documents indicating revisions or amendments

to maps.

"(c) REQUIRED USE.-- The Federal entities for lending regulation shall by

regulation require the use of the form under this section by regulated lending

institutions. Each Federal agency lender shall by regulation provide for the use of

the form with respect to any loan made by such Federal agency lender. The Federal

National Mortgage Association and the Federal Home Loan Mortgage Corporation

and the Government National Mortgage Association shall require the use of the

form with respect to any loan purchased by such entities. A lender or other person

may comply with the requirement under this subsection by using the form in a

printed, computerized, or electronic manner.

"(d) GUARANTEES REGARDING INFORMATION.-- In providing information

regarding special flood hazards on the form developed under this section, any

lender (or other person required to use the form) who makes, increases, extends, or

renews a loan secured by improved real estate or a mobile home may provide for

the acquisition or determination of such information to be made by a person other

than such lender (or other person), only to the extent such person guarantees the

accuracy of the information.

"(e) RELIANCE ON PREVIOUS DETERMINATION.-- Any person increasing,

extending, renewing, or purchasing a loan secured by improved real estate or a

mobile home may rely on a previous determination of whether the building or

mobile home is located in an area having special flood hazards (and shall not be

liable for any error in such previous determination), if the previous determination

was made not more than 7 years before the date of the transaction and the basis for

the previous determination has been set forth on a form under this section, unless--

"(1) map revisions or updates pursuant to section 1360(f) after such

previous determination have resulted in the building or mobile home being

located in an area having special flood hazards; or

"(2) the person contacts the Director to determine when the most

recent map revisions or updates affecting such property occurred and such

revisions and updates have occurred after such previous determination.

Regulations.

P.L. 103-325 LAWS OF 103rd CONG - 2nd SESS. Sept. 23

Sec. 528

108 STAT. 2266

Regulations. "(f) EFFECTIVE DATE.-- The regulations under this section requiring use of

the form established pursuant to this section shall be issued together with the

regulations required under subsection (a) and shall take effect upon the

expiration of the 180-day period beginning on such issuance.".

SEC. 529. EXAMINATIONS REGARDING COMPLIANCE.

(a) AMENDMENT TO FEDERAL DEPOSIT INSURANCE ACT.-- Section 10 of

the Federal Deposit Insurance Act (12 U.S.C. 1820) is amended by adding at

the end the following new subsection:

"(i) FLOOD INSURANCE COMPLIANCE BY INSURED DEPOSITORY

INSTITUTIONS--

"(1) EXAMINATIONS.-- The appropriate Federal banking agency shall,

during each scheduled on-site examination required by this section,

determine whether the insured depository institution is complying with the

requirements of the national flood insurance program.

"(2) REPORT.--

"(A) REQUIREMENT.-- Not later than 1 year after the date of

enactment of the Riegle Community Development and Regulatory

Improvement Act of 1994 and biennially thereafter for the next 4

years, each appropriate Federal banking agency shall submit a report

to the Congress on compliance by insured depository institutions with

the requirements of the national flood insurance program.

"(B) CONTENTS.-- Each report submitted under this paragraph

shall include a description of the methods used to determine

compliance, the number of institutions examined during the reporting

year, a listing and total number of institutions found not to be in

compliance, actions taken to correct incidents of noncompliance, and

an analysis of compliance, including a discussion of any trends,

patterns, and problems, and recommendations regarding reasonable

actions to improve the efficiency of the examinations processes.".

(b) AMENDMENT TO FEDERAL CREDIT UNION ACT.-- Section 204 of the

Federal Credit Union Act (12 U.S.C. 1784) is amended by adding at the end the

following new subsection:

"(e) FLOOD INSURANCE COMPLIANCE BY INSURED CREDIT UNIONS.--

"(1) EXAMINATION.-- The Board shall, during each examination

conducted under this section, determine whether the insured credit union is

complying with the requirements of the national flood insurance program.

"(2) REPORT.--

"(A) REQUIREMENT.-- Not later than 1 year after the date of

enactment of the Riegle Community Development and Regulatory

Improvement Act of 1994 and biennially thereafter for the next 4

years, the Board shall submit a report to the Congress on compliance

by insured credit unions with the requirements of the national flood

insurance program.

"(B) CONTENTS.-- The report shall include a description of the

methods used to determine compliance, the number of insured credit

unions examined during the reporting year, a listing and total number

of insured credit unions found not to be in compliance,

actions taken to correct [2267] incidents of noncompliance, and an

analysis of compliance, including a discussion of any trends, patterns,

and problems, and recommendations regarding reasonable actions to

improve the efficiency of the examinations processes.".

(c) AMENDMENT TO FEDERAL HOUSING ENTERPRISES FINANCIAL SAFETY

AND SOUNDNESS ACT OF 1992.-- Section 1319B(a) of the Federal Housing

Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4521(a)) is

amended--

(1) in paragraph (2), by striking "and" at the end;

(2) in paragraph (3), by striking the period at the end and inserting ";

and"; and

(3) by adding at the end the following new paragraph:

"(4) a description of--

"(A) whether the procedures established by each enterprise

pursuant to section 102(b)(3) of the Flood Disaster Protection Act of

1973 are adequate and being complied with, and

"(B) the results and conclusions of any examination, as

determined necessary by the Director, to determine the compliance of

the enterprises with the requirements of section 102(b)(3) of such Act,

which shall include a description of the methods used to determine

compliance and the types and sources of deficiencies (if any), and

identify any corrective measures that have been taken to remedy any

such deficiencies,

except that the information described in this paragraph shall be included

only in each of the first, third, and fifth annual reports under this subsection

required to be submitted 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.".

SEC. 530. FINANCIAL INSTITUTIONS EXAMINATION COUNCIL.

Section 1006 of the Federal Financial Institutions Examination Council Act

of 1978 (12 U.S.C. 3305) is amended by adding at the end the following new

subsection:

"(g) FLOOD INSURANCE.-- The Council shall consult with and assist the

Federal entities for lending regulation, as such term is defined in section 1370(a) of

the National Flood Insurance Act of 1968, in developing and coordinating uniform

standards and requirements for use by regulated lending institutions under the

national flood insurance program.".

SEC. 531. CLERICAL AMENDMENT.

Section 102 of the Flood Disaster Protection Act of 1973 (42 U.S.C.

4012a) is amended by striking the section heading and inserting the following new

section heading:

P.L. 103-325 LAWS OF 103rd CONG - 2nd SESS. Sept. 23

Sec. 531

108 STAT. 2268

"FLOOD INSURANCE PURCHASE AND COMPLIANCE REQUIREMENTS

AND ESCROW ACCOUNTS".

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