An amendment numbered 1 printed in House Report 109-530 which contains a number of technical and conforming changes, including: clarification that the provisions governing the phasing-in of actuarial rates for nonresidential and non-primary residence properties will apply on the date on which the director of FEMA submits a required report to Congress, as opposed to the date of this legislation's enactment; clarification that the $1 million cap on penalties for non-enforcement of mandatory flood insurance purchase requirements will not apply to a regulated institution or enterprise, for a calendar year, if in any 3 of the past 5 calendar years that institution or enterprise was assessed a penalty of $1 million; clarifications regarding the requirements for states to request FEMA participation in state-run disaster claims mediation programs and certain other provisions of the bill related to the claims mediation process; clarification of the timeline for FEMA's inclusion of certain features on updated floodplain maps; and clarification of the FEMA Director's authority regarding his ability to issue interim post-disaster flood elevation building requirements.
What it does: 10 changes: replaces text in 4 places, inserts text in 4 places, strikes text in 2 places
Rep. Michael G. Oxley (R-OH)Description
Manager's amendment consists of the text of the amendment contained in House Report 109-530 and printed on page H4598 in the Congressional Record for June 27, 2006.
What it changes
10 changes to H.R. 4973 · 2 shown in the bill's text
We couldn't read part of this amendment. That part is shown as written below.
Change 1: Rewrites page 9, lines 9–10
ReplacesPrinted pageRemoves page 9, lines 9–10 of the printed bill. See that page
Inserted: the submission to the Congress, by the Director of the Federal Emergency Management Agency, of the report required under
Original wording
Page 9, strike lines 9 and 10 and insert “the submission to the Congress, by the Director of the Federal Emergency Management Agency, of the report required under”.
Change 2: Replaces “date of the enactment of this Act” with “effective date under paragraph (1) of this subsection”
[struck: date of the enactment of this Act][inserted: effective date under paragraph (1) of this subsection]Original wording
Page 9, line 17, strike “date of the enactment of this Act” and insert “effective date under paragraph (1) of this subsection”.
Change 3: Replaces “date of the enactment of this Act” with “effective date under paragraph (1) of this subsection”
[struck: date of the enactment of this Act][inserted: effective date under paragraph (1) of this subsection]Original wording
Page 10, line 10, strike “date of the enactment of this Act” and insert “effective date under paragraph (1) of this subsection”.
Change 4: Inserts “of the National Flood Insurance Act of 1968 (42 U.S.C. 4013(c)(1))” after “Section 1306(c)(1)”
In H.R. 4973 · Reported in House
SEC. 5. REDUCTION OF WAITING PERIOD FOR EFFECTIVE DATE OF POLICIES.
Section 1306(c)(1) [inserted: of the National Flood Insurance Act of 1968 (42 U.S.C. 4013(c)(1)) ]is amended by striking "30-day" and inserting "15-day".
SEC. 6. ENFORCEMENT.
Original wording
Page 10, line 18, after “Section 1306(c)(1)” insert “of the National Flood Insurance Act of 1968 (42 U.S.C. 4013(c)(1))”.
Change 5: Inserts new text on page 17, line 12
InsertsPrinted pageInserted: (d) Mediation Proceedings and Privileged Documents.--As a condition of the participation of Representatives of the Director pursuant to this section in State-sponsored mediation, all statements made and documents produced pursuant to such mediation involving representatives of the Director shall be deemed privileged and confidential settlement negotiations made in anticipation of litigation.
Inserted: (e) Effect of Participation on Liability, Right, and Obligations.--Participation of Representatives of the Director pursuant to this section in State-sponsored mediation shall not affect or expand the liability of any party in contract or in tort, nor shall it affect the rights or obligations of the parties as provided in the Standard Flood Insurance Policy under the national flood insurance program, regulations of the Federal Emergency Management Agency, this Act, or Federal common law.
Inserted: (f) Exclusive Federal Jurisdiction.--Participation of Representatives of the Director pursuant to this section in State-sponsored mediation shall not alter, change or modify the original exclusive jurisdiction of United States courts as provided in this Act.
Inserted: (g) Cost Limitation.--Nothing in this section shall be construed to require the Director or representatives of the Director to pay additional mediation fees relating to flood claims associated with a State-sponsored mediation program in which representatives of the Director participate.
Inserted: (h) Exception.--In the case of the occurrence of a natural catastrophe that results in flood damage claims under the national flood insurance program and does not result in any loss covered by a personal lines residential property insurance policy--
Inserted: (1) this section shall not apply; and
Inserted: (2) the provisions of the Standard Flood Insurance Policy under the national flood insurance program and the appeals process established pursuant to section 205 of the Bunning-Bereueter-Blumenauer Flood Insurance Reform Act of 2004 (Public Law 108-264; 118 Stat. 726) and regulations issued pursuant to such section shall apply exclusively.
Inserted: (i) Representatives of Director.--For purposes of this section, the term 'representatives of the Director' means representatives of the national flood insurance program who participate in the appeals process established pursuant to section 205 of the Bunning-Bereueter-Blumenauer Flood Insurance Reform Act of 2004 (Public Law 108-264; 118 Stat. 726) and regulations issued pursuant to such section.
Original wording
Page 17, after line 12 insert the following:
Change 6: Replaces “$18,500,000,000” with “$20,775,000,000”
In H.R. 4973 · Reported in House
SEC. 10. INCREASE IN BORROWING AUTHORITY.
(a) Borrowing Authority.--The first sentence of subsection (a) of section 1309 of the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a)), as amended by the National Flood Insurance Program Further Enhanced Borrowing Authority Act of 2005 (Public Law 109-106; 119 Stat. 2288), is amended by striking "
[struck: $18,500,000,000][inserted: $20,775,000,000]" and inserting "$25,000,000,000".(b) FEMA Report.--Not later than the expiration of the 6-month period beginning on the date of the enactment of this Act, the Director of the Federal Emergency Management Agency shall submit a report to the Congress setting forth a plan for repaying any amounts borrowed pursuant to increase in borrowing authority authorized under the amendments made by subsection (a).
Original wording
Page 15, line 5, strike “$18,500,000,000” and insert “$20,775,000,000”.
Change 7: Inserts “One-Time” before “Review”
…[inserted: One-Time ]Review…
Original wording
Page 24, line 22, before “Review” insert “One-Time”.
Change 8: Strikes the printed lines
StrikesA printed pageRemoves the printed lines.
Original wording
Strike line 24
Change 9: Inserts “The revisions and updating under this paragraph shall not be subject to the requirements…” after the period
Inserted: The revisions and updating under this paragraph shall not be subject to the requirements of section 1360(k) of the National Flood Insurance Act of 1968 (as added by subsection (a) of this section).
Original wording
Page 25, line 8, after the period insert the following: “The revisions and updating under this paragraph shall not be subject to the requirements of section 1360(k) of the National Flood Insurance Act of 1968 (as added by subsection (a) of this section).”.
Change 10: Strikes the printed lines
StrikesA printed pageRemoves the printed lines.
Original wording
Strike line 8
Shown as written
Page 11, line 2, after “$1,000,000” (and before the close quotation marks) insert the following: “; except that such limitation shall not apply to a regulated lending institution or enterprise for a calendar year if, in any three (or more) of the five calendar years immediately preceding such calendar year, the total amount of penalties assessed under this subsection against such lending institution or enterprise was $1,000,000”.
Page 17, line 12, strike the quotation marks and the last period.
on page 24 and all that follows through line 2 on page 25 and insert the following:
(2) Required revision.--The Director of the
on page 28 and all that follows through line 2 on page 29 and insert the following:
(d) Post-Disaster Flood Elevation Determinations.--Section 1361 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new subsection:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
Page 9, strike lines 9 and 10 and insert “the submission to the Congress, by the Director of the Federal Emergency Management Agency, of the report required under”.
Page 9, line 17, strike “date of the enactment of this Act” and insert “effective date under paragraph (1) of this subsection”.
Page 10, line 10, strike “date of the enactment of this Act” and insert “effective date under paragraph (1) of this subsection”.
Page 10, line 18, after “Section 1306(c)(1)” insert “of the National Flood Insurance Act of 1968 (42 U.S.C. 4013(c)(1))”.
Page 11, line 2, after “$1,000,000” (and before the close quotation marks) insert the following: “; except that such limitation shall not apply to a regulated lending institution or enterprise for a calendar year if, in any three (or more) of the five calendar years immediately preceding such calendar year, the total amount of penalties assessed under this subsection against such lending institution or enterprise was $1,000,000”.
Strike line 20 on page 15 and all that follows through line 8 on page 16 and insert the following:
“(a) Requirement to Participate.--In the case of the occurrence of a natural catastrophe that may have resulted in flood damage covered by insurance made available under the National Flood Insurance Program and a loss covered by personal lines residential property insurance policy, upon request made by the insurance commissioner of a State (or such other official responsible for regulating the business of insurance in the State) for the participation of representatives of the Director in a program sponsored by such State for nonbinding mediation of insurance claims resulting from a natural catastrophe, the Director shall cause such representatives to participate in such State program, when claims under the national flood insurance program are involved, to expedite settlement of flood damage claims resulting from such catastrophe.”.
Page 17 lines 4 through 6, strike “Adjusters representing the national flood insurance program who participate pursuant to subsection (b)(1)” and insert “Representatives of the Director who participate pursuant to this section”.
Page 17, line 12, strike the quotation marks and the last period.
Page 17, after line 12 insert the following:
“(d) Mediation Proceedings and Privileged Documents.--As a condition of the participation of Representatives of the Director pursuant to this section in State-sponsored mediation, all statements made and documents produced pursuant to such mediation involving representatives of the Director shall be deemed privileged and confidential settlement negotiations made in anticipation of litigation.
“(e) Effect of Participation on Liability, Right, and Obligations.--Participation of Representatives of the Director pursuant to this section in State-sponsored mediation shall not affect or expand the liability of any party in contract or in tort, nor shall it affect the rights or obligations of the parties as provided in the Standard Flood Insurance Policy under the national flood insurance program, regulations of the Federal Emergency Management Agency, this Act, or Federal common law.
“(f) Exclusive Federal Jurisdiction.--Participation of Representatives of the Director pursuant to this section in State-sponsored mediation shall not alter, change or modify the original exclusive jurisdiction of United States courts as provided in this Act.
“(g) Cost Limitation.--Nothing in this section shall be construed to require the Director or representatives of the Director to pay additional mediation fees relating to flood claims associated with a State-sponsored mediation program in which representatives of the Director participate.
“(h) Exception.--In the case of the occurrence of a natural catastrophe that results in flood damage claims under the national flood insurance program and does not result in any loss covered by a personal lines residential property insurance policy--
“(1) this section shall not apply; and
“(2) the provisions of the Standard Flood Insurance Policy under the national flood insurance program and the appeals process established pursuant to section 205 of the Bunning-Bereueter-Blumenauer Flood Insurance Reform Act of 2004 (Public Law 108-264; 118 Stat. 726) and regulations issued pursuant to such section shall apply exclusively.
“(i) Representatives of Director.--For purposes of this section, the term ‘representatives of the Director' means representatives of the national flood insurance program who participate in the appeals process established pursuant to section 205 of the Bunning-Bereueter-Blumenauer Flood Insurance Reform Act of 2004 (Public Law 108-264; 118 Stat. 726) and regulations issued pursuant to such section.”.
Page 15, line 5, strike “$18,500,000,000” and insert “$20,775,000,000”.
Page 24, line 22, before “Review” insert “One-Time”.
Strike line 24 on page 24 and all that follows through line 2 on page 25 and insert the following:
(2) Required revision.--The Director of the
Page 25, line 8, after the period insert the following: “The revisions and updating under this paragraph shall not be subject to the requirements of section 1360(k) of the National Flood Insurance Act of 1968 (as added by subsection (a) of this section).”.
Strike line 8 on page 28 and all that follows through line 2 on page 29 and insert the following:
(d) Post-Disaster Flood Elevation Determinations.--Section 1361 of the National Flood Insurance Act of 1968 (42 U.S.C. 4101), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new subsection:
“(l) Interim Post-Disaster Flood Elevations.--
“(1) Authority.--Notwithstanding any other provision of this section or section 1363, the Director may, after any flood-related disaster, establish by order interim flood elevation requirements for purposes of the national flood insurance program for any areas affected by such flood-related disaster.
“(2) Effectiveness.--Such interim elevation requirements for such an area shall take effect immediately upon issuance and may remain in effect until the Director establishes new flood elevations for such area in accordance with section 1363 or the Director provides otherwise.”.
Legislative Activity
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House amendment offered
June 27, 2006
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House amendment offered
June 27, 2006
House amendment agreed to: On agreeing to the Oxley amendment (A001) Agreed to by voice vote.
June 27, 2006 • 2:31 PM
Amendment agreed to Committee of the Whole
June 27, 2006 • 2:31 PM
House amendment offered/reported by : Amendment (A001) offered by Mr. Oxley.(consideration: CR H4598-4599l; text: CR H4598-4599)
June 27, 2006 • 2:28 PM
Amendment (A001) offered by Mr. Oxley. (consideration: CR H4598-4599l; text: CR H4598-4599)
June 27, 2006 • 2:28 PM
On agreeing to the Oxley amendment (A001) Agreed to by voice vote.
June 27, 2006 • 2:31 PM