An amendment numbered 25 printed in House Report 112-138 to terminate NFIP by January 1, 2012 and allow States to form interstate compacts to provide insurance.
What it does: Replaces the bill's text with a full substituteDescription
Amendment in the nature of a substitute sought to terminate the NFIP by January 1, 2012 and allow States to form interstate compacts to provide insurance.
What it changes
1 change to H.R. 1309
We couldn't match these changes to the text of H.R. 1309, so they're shown as written.
Replaces the bill's text with a full substitute
Replaces the full textEverything after the enacting clauseRemoves all after the enacting clause.
Inserted: SECTION 1. SHORT TITLE.
Inserted: This Act may be cited as the "National Flood Insurance Program Termination Act of 2011".
Inserted: SEC. 2. TERMINATION OF NATIONAL FLOOD INSURANCE PROGRAM.
Inserted: (a) Termination of Authority To Provide Coverage.--Effective January 1, 2012, the Administrator of the Federal Emergency Management Agency (in this section referred to as the "Administrator") shall not provide any new flood insurance coverage, or renew any coverage provided before such date, under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.).
Inserted: (b) Treatment of Existing Coverage.--Subsection (a) shall not--
Inserted: (1) affect any flood insurance coverage provided under such Act under a contract or agreement entered into before the date specified in such subsection and, notwithstanding the repeals under section 3, such provisions as in effect immediately before such repeal shall continue to apply with respect to flood insurance coverage in force after such repeal; or
Inserted: (2) require the termination of any contract or other agreement for flood insurance coverage entered into before such date.
Inserted: (c) Wind-Up.--After the date specified in subsection (a), the Administrator shall take such actions as may be necessary steps to wind up the affairs of the National Flood Insurance Program.
Inserted: (d) Treatment of Funds.--Amounts in the National Flood Insurance Fund established under section 1310 of the National Flood Insurance Act of 1968 (42 U.S.C. 4017) shall be available to the Administrator for performing the functions of the Administrator with respect to flood insurance coverage remaining in force after the date specified in subsection (a). Upon the expiration of the contracts and agreements for such coverage, any unexpended balances in such Fund shall be deposited in the Treasury as miscellaneous receipts.
Inserted: (e) Savings Provisions.--
Inserted: (1) Treatment of prior determinations.--The repeals made by section 3 of the provisions of law specified in such section shall not affect any order, determination, regulation, or contract that has been issued, made, or allowed to become effective under such provisions before the effective date of the repeal. All such orders, determinations, regulations, and contracts shall continue in effect until modified, superseded, terminated, set aside, or revoked in accordance with law by the President, the Administrator, or other authorized official, a court of competent jurisdiction, or by operation of law.
Inserted: (2) Pending proceedings.--
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Inserted: (A) Effect on pending proceedings.--The repeals made by section 3 shall not affect any proceedings relating to the National Flood Insurance Program, including notices of proposed rulemaking, pending on the effective date of the repeals, before the Federal Emergency Management Agency, except that no assistance or flood insurance coverage may be provided pursuant to any application pending on such effective date. Such proceedings, to the extent that they relate to functions performed by the Administrator after such repeal, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the Administrator, by a court of competent jurisdiction, or by operation of law.
Inserted: (B) Construction.--Nothing in this subsection may be construed to prohibit the discontinuance or modification of any proceeding described in subparagraph (A) under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted.
Inserted: (3) Actions.--This section shall not affect suits commenced before the effective date of the repeals made by section 3, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this section had not been enacted.
Inserted: (4) Liabilities incurred.--No suit, action, or other proceeding commenced by or against an individual in the official capacity of such individual as an officer of the Federal Emergency Management Agency having any responsibility for the National Flood Insurance Program shall abate by reason of the enactment of this section. No cause of action relating to such Program, by or against the Federal Emergency Management Agency, or by or against any officer thereof in the official capacity of such officer having any responsibility for such program, shall abate by reason of the enactment of this section.
Inserted: SEC. 3. REPEALS AND CONTINUATION OF FEMA MAPPING RESPONSIBILITIES.
Inserted: (a) National Flood Insurance Act of 1968.--The National Flood Insurance Act of 1968 is amended--
Inserted: (1) by striking section 1302 (42 U.S.C. 4001);
Inserted: (2) by striking chapters I and II (42 U.S.C. 4011 et seq.);
Inserted: (3) in section 1360 (42 U.S.C. 4101)--
Inserted: (A) in subsection (a)(2), by striking "until the date specified in section 1319";
Inserted: (B) by striking subsection (d);
Inserted: (C) in subsection (g)--
Inserted: (i) by striking "To promote compliance with the requirements of this title, the" and inserting "The";
Inserted: (ii) by striking "directly responsible for coordinating the national flood insurance program";
Inserted: (iii) in the last sentence, by striking "National Flood Insurance Fund, pursuant to section 1310(b)(6)" and inserting the following: "General Fund of the Treasury and shall be used only for reducing the budget deficit of the Federal Government"; and
Inserted: (D) in subsection (i)--
Inserted: (i) by striking "free of charge" and inserting "at cost";
Inserted: (ii) by striking "and States and communities participating in the national flood insurance program pursuant to section 1310 and at cost to all other" and inserting ", States and communities, and other interested"; and
Inserted: (iii) in the he last sentence, by striking "National Flood Insurance Fund, pursuant to section 1310(b)(6)" and inserting the following: "General Fund of the Treasury and shall be used only for reducing the budget deficit of the Federal Government";
Inserted: (4) by striking sections 1361A (42 U.S.C. 4102a);
Inserted: (5) in section 1363(e) (42 U.S.C. 4104(e)), by striking the third and fifth sentences; and
Inserted: (6) in section 1364 (42 U.S.C. 4104a)--
Inserted: (A) in subsection (a)--
Inserted: (i) in paragraphs (1) and (2), by striking "or the Flood Disaster Protection Act of 1973" each place such term appears; and
Inserted: (ii) in paragraph (3)--
Inserted: (I) by striking subparagraphs (B) and (C) and inserting the following:
Inserted: "(B) a statement that flood insurance coverage may be available in the private market or through a State-sponsored program; and"; and
Inserted: (II) by redesignating subparagraph (D) as subparagraph (C);
Inserted: (B) by striking subsections (b) and (c);
Inserted: (7) in section 1365 (42 U.S.C. 4104b)--
Inserted: (A) in subsection (a), by striking "and in which flood insurance under this title is available"; and
Inserted: (B) in subsection (b)--
Inserted: (i) by striking paragraph (1); and
Inserted: (ii) in paragraph (2)--
Inserted: (I) in the first sentence, by striking "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
Inserted: (II) in the third sentence, by striking "because the building or mobile home is not located in a community that is participating in the national flood insurance program or";
Inserted: (8) by striking sections 1366 and 1367 (42 U.S.C. 4104c, 4104d);
Inserted: (9) in section 1370 (42 U.S.C. 4121)--
Inserted: (A) by striking paragraphs (3), (4), (5), (7), (14), and (15);
Inserted: (B) in paragraph (12)(B), by striking the semicolon at the end and inserting "; and";
Inserted: (C) in paragraph (13), by striking the semicolon at the end and inserting a period; and
Inserted: (D) by redesignating paragraphs (6), (8), (9), (10), (11), (12), and (13), as so amended, as paragraphs (3), (4), (5), (6), (7), (8), and (9), respectively;
Inserted: (10) by striking sections 1371 through 1375 (42 U.S.C. 4122-26);
Inserted: (11) in section 1376 (42 U.S.C. 4127)--
Inserted: (A) in subsection (a), by striking "to carry out this title" and all that follows through the end of paragraph (3) and inserting "to carry out the mapping, studies, investigations, and other responsibilities of the Director under this title"; and
Inserted: (B) by striking subsection (c); and
Inserted: (12) by striking section 1377 (42 U.S.C. 4001 note).
Inserted: (b) Flood Disaster Protection Act of 1973.--The Flood Disaster Protection Act of 1973 is amended--
Inserted: (1) by striking section 2 (42 U.S.C. 4002);
Inserted: (2) by striking section 102 (42 U.S.C. 4012a);
Inserted: (3) in section 201 (42 U.S.C. 4105)--
Inserted: (A) by striking subsection (a) and inserting the following new subsection:
Inserted: "(a) As information becomes available to the Director concerning the existence of flood hazards, the Director shall publish information in accordance with section 1360(a)(1) of the National Flood Insurance Act of 1968 and shall notify the chief executive officer of each known flood-prone community of its tentative identification as a community containing one or more areas having special flood hazards.";
Inserted: (B) in subsection (b), by striking "shall either (1) promptly make proper application to participate in the national flood insurance program or (2)" and inserting "may";
Inserted: (C) by striking subsections (c) and (d);
Inserted: (D) by redesignating subsection (e) as subsection (c); and
Inserted: (4) by striking section 202 (42 U.S.C. 4106).
Inserted: (c) Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004.--Title II of the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 (42 U.S.C. 4011 note).
Inserted: (d) National Flood Insurance Reform Act of 1994.--The National Flood Insurance Reform Act of 1994 is amended by striking sections 561 (42 U.S.C. 4011 note), 562 (42 U.S.C. 4102 note), 578 (42 U.S.C. 4014 note), 579(b), and 582 (42 U.S.C. 5154a).
Inserted: (e) Federal Flood Insurance Act of 1956.--Section 15 of the Federal Flood Insurance Act of 1956 (42 U.S.C. 2414) is amended by striking subsection (e).
Inserted: (f) Effective Date.--The amendments made by this section shall take effect on January 1, 2012.
Inserted: SEC. 4. INTERSTATE COMPACTS FOR FLOOD INSURANCE COVERAGE.
Inserted: (a) Congressional Consent.--The consent of the Congress is hereby given to any two or more States to enter into agreement or compacts, not in conflict with any law of the United States, for making available to interested persons insurance coverage against loss resulting from physical damage to or loss of real property or personal property related thereto arising from any flood occurring in the United States.
Inserted: (b) Rights Reserved.--The right to alter, amend, or repeal this section, or consent granted by this section, is expressly reserved to the Congress.
Original wording
Strike all after the enacting clause and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
Strike all after the enacting clause and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the “National Flood Insurance Program Termination Act of 2011”.
SEC. 2. TERMINATION OF NATIONAL FLOOD INSURANCE PROGRAM.
(a) Termination of Authority To Provide Coverage.--Effective January 1, 2012, the Administrator of the Federal Emergency Management Agency (in this section referred to as the “Administrator”) shall not provide any new flood insurance coverage, or renew any coverage provided before such date, under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.).
(b) Treatment of Existing Coverage.--Subsection (a) shall not--
(1) affect any flood insurance coverage provided under such Act under a contract or agreement entered into before the date specified in such subsection and, notwithstanding the repeals under section 3, such provisions as in effect immediately before such repeal shall continue to apply with respect to flood insurance coverage in force after such repeal; or
(2) require the termination of any contract or other agreement for flood insurance coverage entered into before such date.
(c) Wind-Up.--After the date specified in subsection (a), the Administrator shall take such actions as may be necessary steps to wind up the affairs of the National Flood Insurance Program.
(d) Treatment of Funds.--Amounts in the National Flood Insurance Fund established under section 1310 of the National Flood Insurance Act of 1968 (42 U.S.C. 4017) shall be available to the Administrator for performing the functions of the Administrator with respect to flood insurance coverage remaining in force after the date specified in subsection (a). Upon the expiration of the contracts and agreements for such coverage, any unexpended balances in such Fund shall be deposited in the Treasury as miscellaneous receipts.
(e) Savings Provisions.--
(1) Treatment of prior determinations.--The repeals made by section 3 of the provisions of law specified in such section shall not affect any order, determination, regulation, or contract that has been issued, made, or allowed to become effective under such provisions before the effective date of the repeal. All such orders, determinations, regulations, and contracts shall continue in effect until modified, superseded, terminated, set aside, or revoked in accordance with law by the President, the Administrator, or other authorized official, a court of competent jurisdiction, or by operation of law.
(2) Pending proceedings.--
(A) Effect on pending proceedings.--The repeals made by section 3 shall not affect any proceedings relating to the National Flood Insurance Program, including notices of proposed rulemaking, pending on the effective date of the repeals, before the Federal Emergency Management Agency, except that no assistance or flood insurance coverage may be provided pursuant to any application pending on such effective date. Such proceedings, to the extent that they relate to functions performed by the Administrator after such repeal, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the Administrator, by a court of competent jurisdiction, or by operation of law.
(B) Construction.--Nothing in this subsection may be construed to prohibit the discontinuance or modification of any proceeding described in subparagraph (A) under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted.
(3) Actions.--This section shall not affect suits commenced before the effective date of the repeals made by section 3, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this section had not been enacted.
(4) Liabilities incurred.--No suit, action, or other proceeding commenced by or against an individual in the official capacity of such individual as an officer of the Federal Emergency Management Agency having any responsibility for the National Flood Insurance Program shall abate by reason of the enactment of this section. No cause of action relating to such Program, by or against the Federal Emergency Management Agency, or by or against any officer thereof in the official capacity of such officer having any responsibility for such program, shall abate by reason of the enactment of this section.
SEC. 3. REPEALS AND CONTINUATION OF FEMA MAPPING RESPONSIBILITIES.
(a) National Flood Insurance Act of 1968.--The National Flood Insurance Act of 1968 is amended--
(1) by striking section 1302 (42 U.S.C. 4001);
(2) by striking chapters I and II (42 U.S.C. 4011 et seq.);
(3) in section 1360 (42 U.S.C. 4101)--
(A) in subsection (a)(2), by striking “until the date specified in section 1319”;
(B) by striking subsection (d);
(C) in subsection (g)--
(i) by striking “To promote compliance with the requirements of this title, the” and inserting “The”;
(ii) by striking “directly responsible for coordinating the national flood insurance program”;
(iii) in the last sentence, by striking “National Flood Insurance Fund, pursuant to section 1310(b)(6)” and inserting the following: “General Fund of the Treasury and shall be used only for reducing the budget deficit of the Federal Government”; and
(D) in subsection (i)--
(i) by striking “free of charge” and inserting “at cost”;
(ii) by striking “and States and communities participating in the national flood insurance program pursuant to section 1310 and at cost to all other” and inserting “, States and communities, and other interested”; and
(iii) in the he last sentence, by striking “National Flood Insurance Fund, pursuant to section 1310(b)(6)” and inserting the following: “General Fund of the Treasury and shall be used only for reducing the budget deficit of the Federal Government”;
(4) by striking sections 1361A (42 U.S.C. 4102a);
(5) in section 1363(e) (42 U.S.C. 4104(e)), by striking the third and fifth sentences; and
(6) in section 1364 (42 U.S.C. 4104a)--
(A) in subsection (a)--
(i) in paragraphs (1) and (2), by striking “or the Flood Disaster Protection Act of 1973” each place such term appears; and
(ii) in paragraph (3)--
(I) by striking subparagraphs (B) and (C) and inserting the following:
“(B) a statement that flood insurance coverage may be available in the private market or through a State-sponsored program; and”; and
(II) by redesignating subparagraph (D) as subparagraph (C);
(B) by striking subsections (b) and (c);
(7) in section 1365 (42 U.S.C. 4104b)--
(A) in subsection (a), by striking “and in which flood insurance under this title is available”; and
(B) in subsection (b)--
(i) by striking paragraph (1); and
(ii) in paragraph (2)--
(I) in the first sentence, by striking “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
(II) in the third sentence, by striking “because the building or mobile home is not located in a community that is participating in the national flood insurance program or”;
(8) by striking sections 1366 and 1367 (42 U.S.C. 4104c, 4104d);
(9) in section 1370 (42 U.S.C. 4121)--
(A) by striking paragraphs (3), (4), (5), (7), (14), and (15);
(B) in paragraph (12)(B), by striking the semicolon at the end and inserting “; and”;
(C) in paragraph (13), by striking the semicolon at the end and inserting a period; and
(D) by redesignating paragraphs (6), (8), (9), (10), (11), (12), and (13), as so amended, as paragraphs (3), (4), (5), (6), (7), (8), and (9), respectively;
(10) by striking sections 1371 through 1375 (42 U.S.C. 4122-26);
(11) in section 1376 (42 U.S.C. 4127)--
(A) in subsection (a), by striking “to carry out this title” and all that follows through the end of paragraph (3) and inserting “to carry out the mapping, studies, investigations, and other responsibilities of the Director under this title”; and
(B) by striking subsection (c); and
(12) by striking section 1377 (42 U.S.C. 4001 note).
(b) Flood Disaster Protection Act of 1973.--The Flood Disaster Protection Act of 1973 is amended--
(1) by striking section 2 (42 U.S.C. 4002);
(2) by striking section 102 (42 U.S.C. 4012a);
(3) in section 201 (42 U.S.C. 4105)--
(A) by striking subsection (a) and inserting the following new subsection:
“(a) As information becomes available to the Director concerning the existence of flood hazards, the Director shall publish information in accordance with section 1360(a)(1) of the National Flood Insurance Act of 1968 and shall notify the chief executive officer of each known flood-prone community of its tentative identification as a community containing one or more areas having special flood hazards.”;
(B) in subsection (b), by striking “shall either (1) promptly make proper application to participate in the national flood insurance program or (2)” and inserting “may”;
(C) by striking subsections (c) and (d);
(D) by redesignating subsection (e) as subsection (c); and
(4) by striking section 202 (42 U.S.C. 4106).
(c) Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004.--Title II of the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 (42 U.S.C. 4011 note).
(d) National Flood Insurance Reform Act of 1994.--The National Flood Insurance Reform Act of 1994 is amended by striking sections 561 (42 U.S.C. 4011 note), 562 (42 U.S.C. 4102 note), 578 (42 U.S.C. 4014 note), 579(b), and 582 (42 U.S.C. 5154a).
(e) Federal Flood Insurance Act of 1956.--Section 15 of the Federal Flood Insurance Act of 1956 (42 U.S.C. 2414) is amended by striking subsection (e).
(f) Effective Date.--The amendments made by this section shall take effect on January 1, 2012.
SEC. 4. INTERSTATE COMPACTS FOR FLOOD INSURANCE COVERAGE.
(a) Congressional Consent.--The consent of the Congress is hereby given to any two or more States to enter into agreement or compacts, not in conflict with any law of the United States, for making available to interested persons insurance coverage against loss resulting from physical damage to or loss of real property or personal property related thereto arising from any flood occurring in the United States.
(b) Rights Reserved.--The right to alter, amend, or repeal this section, or consent granted by this section, is expressly reserved to the Congress.
Legislative Activity
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House amendment offered
July 12, 2011
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House amendment offered
July 12, 2011
House amendment offered/reported by: Amendment (A015) in the nature of a substitute offered by Mrs. Miller (MI).(consideration: CR H4914-4916, H4920-4921; text: CR H4914-4915)
July 12, 2011 • 4:45 PM
Roll call votes on amendments in House
July 12, 2011 • 5:55 PM
House amendment not agreed to: On agreeing to the Miller (MI) amendment (A015) Failed by recorded vote: 38 - 384 (Roll no. 560).
July 12, 2011 • 5:55 PM
Amendment failed in Committee of the Whole
July 12, 2011 • 5:55 PM
Amendment (A015) in the nature of a substitute offered by Mrs. Miller (MI). (consideration: CR H4914-4916, H4920-4921; text: CR H4914-4915)
July 12, 2011 • 4:45 PM
On agreeing to the Miller (MI) amendment (A015) Failed by recorded vote: 38 - 384 (Roll no. 560).
July 12, 2011 • 5:55 PM
Votes
1 roll call on this amendment