Mr. Chairman, I yield myself as much time as I may consume. Mr. Chairman, floods are amongst the most frequent and costly national disasters in terms of human hardship and economic loss. In fact, 75 percent of Federal disaster declarations…
Mr. Chairman, I yield myself as much time as I may consume.
Mr. Chairman, floods are amongst the most frequent and costly national disasters in terms of human hardship and economic loss. In fact, 75 percent of Federal disaster declarations are related to flooding.
Before I discuss the merits of the legislation, I would like to talk briefly about the process that is being considered. We are debating a huge expansion of an already struggling existing Federal program, and yet we have not been able to have our amendments out on the floor to have an open and frank discussion about this.
I would like to accept the chairman's offer to continue to work on the amendments that were not allowed to be offered, and I hope that we can see democracy being served by letting everybody's voice be heard.
In 1968, Congress established the National Flood Insurance Program, NFIP. The program is a partnership between the Federal Government and participating communities. If a community adopts and enforces a floodplain management ordinance to reduce future flood risk to new construction, the Federal Government will make flood insurance available to that community. Today, NFIP is the largest single-line property insurer in the Nation, serving nearly 20,000 communities and providing flood insurance coverage for 5.4 million consumers.
Mr. Chairman, recent events have underscored the need to reform and modernize certain aspects of the program. While the NFIP is designed to be actuarially sound, it does not collect sufficient premiums to build up reserves for unexpected disasters. Due to the claims resulting from Hurricanes Katrina and Rita, the NFIP was forced to borrow $7.6 billion from the Treasury, an amount it estimates it will never be able to repay. Consequently, NFIP sits on the GAO's High-Risk Programs list, which recommends increased congressional oversight. Additionally, the 2005 storms shed light on the problem of outdated flood maps, resulting in many homeowners in the gulf region being unaware that their homes were located in floodplains.
To address these and other concerns in 2006, the House overwhelmingly passed flood insurance reform legislation. Earlier this year, Chairman Frank and Representative Judy Biggert introduced legislation identical to that bipartisan bill. That bill includes many reforms, including the phasing in of actuarial rates, but unfortunately, the flood insurance bill that the majority chose to move out of the Financial Services Committee was amended to incorporate legislation offered by the gentleman from Mississippi (Mr. Taylor) which expands the NFIP to include coverage for wind events.
Mr. Chairman, no Member of this House was more personally affected by the 2005 hurricanes than Congressman Taylor. I do not, and no one questions his sincerity or his commitment to assisting those who have lost everything they owned in these storms. While I share his concern over the rising costs and outright unavailability of homeowners' wind coverage in some areas, I have three principal objections to linking wind insurance to the reform of the National Flood Insurance Program.
First, expanding the program increases liabilities for taxpayers while decreasing options for customers or consumers. Properties located along the eastern seaboard and gulf coast represent $19 trillion of insured value. Shifting the risk on even a portion of these properties to the troubled NFIP could expose taxpayers to massive losses. The fact is that insurance will choose not to engage a competitor that does not pay taxes, has subsidized borrowing costs, and is not required to build a reserve surplus and is protected from most lawsuits, State regulation and enforcement.
Second, adding wind coverage to the NFIP will exacerbate the program's well-documented administrative problems. Both the Department of Homeland Security and GAO have criticized the NFIP for being understaffed, not having adequate flood maps and not collecting sufficient information on wind payments when claims were submitted for flood damage. Expanding the portfolio further before much-needed reforms are in place is premature.
Third, no consensus yet exists about the necessity or desirability of creating a Federal wind insurance program. In testimony before our committee, representatives of flood management groups, the insurance industry, environmental organizations, Treasury and
FEMA all expressed agreement that a comprehensive study of the proposed wind insurance mandate should first be commissioned to provide Congress with a better understanding of the possible implications this expansion could have for consumers, NFIP and the market.
Mr. Chairman, we must not let the desire to meet every perceived problem with a new Government program drive us towards premature actions that yield unwanted consequences. The NFIP's mission should not be expanded, exposing taxpayers to massive new risks, until reforms are in place and adequate study has been conducted.
In addition to the above reservations, I have serious concerns with the effect the addition of wind coverage will have on communities that are now relying on NFIP. This program is already financially unstable, yet we are about to add $19 trillion of risk. Despite this fiscal instability, States like West Virginia, that I represent, will still rely on the program to provide assistance in the case of serious flooding. There have not been major problems this year, thankfully, but as recently as 2001, FEMA has declared counties in my State national disasters due to flooding and provided $17 million in assistance. These are serious needs across the Nation for the flood insurance program. We should be modernizing NFIP so it can become financially stable.
Mr. Chairman, I reserve the balance of my time.
I yield 4 minutes to one of the original authors of the bill that was presented initially to this Congress, the gentlewoman from Illinois, Representative Judy Biggert.
Mr. Chairman, I yield 2 minutes to the representative from Illinois (Mr. Roskam), a member of the Financial Services Committee.
Mr. Chairman, I yield 2 minutes to the gentleman from South Carolina (Mr. Barrett).
Mr. Chairman, it is my pleasure to yield 3 minutes to the gentlewoman from Florida (Mrs. Ginny Brown-Waite).
Mr. Chairman, I yield 2 minutes to Mr. Gilchrest from Maryland.
Mr. Chairman, I yield 3 minutes to the gentleman from Texas (Mr. Hensarling), a member of the Financial Services Committee.
Mr. Chairman, I yield 2 minutes to the gentleman from North Carolina (Mr. McHenry).
Mr. Chairman, I yield 2\1/2\ minutes to the gentleman from Georgia (Mr. Kingston).
Mr. Chairman, I yield 30 seconds to the gentleman from Georgia.
Mr. Chairman, I yield the remaining time to close to someone who has lived and breathed this issue for many, many years, an expert in the area, the gentleman from Louisiana (Mr. Baker).
Mr. Chairman, I rise to claim time in opposition, although I am not opposed to the amendment.
Mr. Chairman, I would like to thank the chairman for working with the manager's amendment with Members of our side. I appreciate his efforts as always.
I yield 2 minutes in particular to the gentleman from Ohio (Mr. LaTourette).
Mr. Chairman, I yield 2 minutes to the gentleman from Texas (Mr. Culberson).
I yield my remaining time to the gentleman from Georgia (Mr. Kingston).
Mr. Chairman, I rise to claim time in opposition, although I am not opposed to the amendment.
Mr. Chairman, I yield 2 minutes to the gentleman from Texas (Mr. Culberson).
Mr. Chairman, I would like to yield my remaining time to the gentleman from Georgia (Mr. Kingston).
Mr. Chairman, I rise to claim the time in opposition, although I am not opposed to the amendment.
Mr. Chairman, I would like to yield 2 minutes to the gentleman from Illinois (Mr. Roskam).
Mr. Chairman, I yield myself such time as I may consume.
In listening to the debate over this amendment, my question becomes, if we move forward and make wind part of one of the insurable events under this program, and then we study, through the gentlelady's amendment, the effect this has on State insurance, and we find out, after it's already been put into effect, that it's too costly or it's damaging the insurability at the State level and other issues, what are we going to do then?
This is where it goes to my argument in the beginning that we're really entering into this prematurely, because we have so many unanswered questions.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I yield 1 minute to the gentleman from Texas (Mr. Culberson).
Mr. Chairman, I have no further requests for time, and I yield back the balance of my time.
Mr. Chairman, I would like to claim time in opposition, although I am not opposed to the gentlewoman's amendment.
I would like to yield 2 minutes to the gentleman from Georgia (Mr. Kingston).
Mr. Chairman, I yield 2 minutes to the gentleman from Georgia (Mr. Kingston).
Mr. Chairman, I have no further requests for time, and I yield back the balance of my time.
Mr. Chairman, I rise in opposition to the amendment.
I would like to ask the author of this amendment a couple of questions just for my own clarification, if I could.
First of all, when you're directing FEMA to use the most up-to-date science on global climate change and weather-related issues, does FEMA currently have this technology available? Where does this technology exist for FEMA? And with what type of accuracy can you predict that FEMA will be able to predict? I know FEMA is in the business of declaring where floodplains are; it has a lot of science connected with this. Where is this technology coming from? What sophistication of the equipment exists, and how do you think these will be arrived at?
I yield to the gentleman from Oregon.
Well, my question would be, if that's available to FEMA now to be able to more accurately predict the ebb and flow of water across the United States and the coastal regions, why isn't that being used by FEMA right now, if that's available? Is it statutorial?
Then going further from what you're saying, is what you're really saying changing the entire FEMA modeling perspective, or putting this on top of what is already existing at FEMA?
Thank you. I have a lot of questions about the answer to the question I just asked; but at this point, I will yield 1 minute to the gentleman from Georgia (Mr. Kingston).
I yield 30 seconds to the gentleman from Georgia.
I think the gentleman's amendment has great merit, but I question the fact that he's already
mentioned that the data that we're using in the future, the data that we're using to come about insurance rates in this flood bill, how can we then add on wind as another peril when we're not sure that the data that we're using to predict future weather forces is accurate at all?
Mr. Chairman, I yield back the balance of my time.
Mr. Chairman, I would like to claim time in opposition to the amendment, but I am not necessarily opposed to it.
Mr. Chairman, I would like to yield 2 minutes to the gentleman from Texas (Mr. Culberson).
Mr. Chairman, I yield my remaining time to the gentleman from Texas (Mr. Culberson).
Mr. Chairman, I rise in opposition to the amendment.
Mr. Chairman, I rise today in opposition to this amendment offered by the gentleman from Mississippi. The bill we are debating today is troubled, I think, because of the deeply in-debt flood insurance program, and now we are not debating, because we were unable to debate on the full floor of the House whether we should include wind in this. Wind is in this bill as a peril. But what this amendment does is further expand that coverage that is very debatable, I think premature, has been unstudied, and I believe this would be very unwise to include this amendment as a coverage expansion.
We have talked about the fact that the flood insurance program owes the U.S. Treasury $18 billion. We have talked about the fact that at a hearing in July on whether we should add wind to the NFIP, that the National Association of Insurance Commissioners, insurance experts, environmental groups, floodplain management groups, Treasury and FEMA all opposed the initial expansion. And suffice it to say they would certainly oppose, or they could certainly oppose, an even further expansion of this that this amendment represents.
I think that the wind insurance premiums are supposed to be actuarially sound, and the chairman of the full committee has made that point several times. The majority of the NFIP policies are supposed to be actuarially sound. And yet, the nonpartisan GAO says that they are not actuarially sound. We know that very few government insurance programs are ever actuarially sound.
Mr. Chairman, I urge my colleagues to oppose this amendment and to avoid a further expansion that this new mandate in this amendment represents.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I take heed to the gentleman's words from Michigan, and I tried to sort of recorrect my initial assumption that they would oppose the amendment. So I apologize for that.
Mr. Chairman, I would like to place in the Record letters from folks who do oppose the bill in general because of the wind addition. That would be: Friends of the Earth, National Wildlife Federation, U.S. Public Interest Group, America Insurance Association, Property Casualty Insurers, Financial Services Roundtable, Consumer Federation of America, Reinsurance Association of America.
September 26, 2007.
Re: Support For the Blumenauer-Gilchrest Global Warming
Amendment to H.R. 3121 and opposition to provisions
expanding the National Flood Insurance Program (NFIP) to
include wind coverage
Dear Representative: We write to express our support for
the Blumenauer-Gilchrest Global Warming Amendment to the
Flood Insurance Reform and Modernization Act, H.R. 3121. This
amendment would require that the Federal Emergency Management
Agency, FEMA, consider the impacts of global warming on flood
risks as it administers
the National Flood Insurance Program, NFIP, Map Modernization
Program. To adjust to the reality of global warming, Congress
must require that the NFIP floodplain maps incorporate the
best available climate science. Accurate floodplain maps will
ensure that citizens are aware of the flood risks in their
community and help prevent the loss of human life, property,
and important wildlife habitat as we face more global
warming-powered weather events.
Section 22 of H.R. 3121 provides much needed guidelines and
ongoing mapping support for FEMA's map modernization effort.
Flood insurance maps are the basic planning documents for the
NFIP and provide a foundation for planning in developing
communities. According to the Congressional Research Service,
however, over 75 percent of the nation's 100,000 flood maps
are at least 10 years old. Currently, H.R. 3121 fails to
require FEMA to consider modern climate science when mapping
floodplains. Under current methodologies, many of FEMA' s
maps are already out of date and inaccurate when they are
certified because they fail to take into account both
critical new information beyond past flooding history,
including the impacts of global warming. These outdated maps
have resulted in more instances of storms with significantly
greater flooding than predicted and give citizens a false
sense of security that they will not be subject to flooding.
This false sense of security is especially troubling as
global warming's impacts become evident. Global warming will
result in more flooding of coastal and riverine communities
through intense hurricanes, reduced snow pack, and sea level
rise.
The Blumenauer-Gilchrest Amendment would ensure that the
FEMA Director consider impacts of global warming on our
nation's flood risks and the potential future impact of
global warming on the intensity of storms, storm surge
modeling, sea level rise, and increased hurricane activity.
Considerable experience exists in these areas, and the
Blumenauer Amendment would ensure that FEMA incorporates the
best available climate science into its mapping effort. We
strongly support this amendment.
We urge Congress to oppose the multiperil, wind and
flooding, insurance program in H.R. 3121, because it could
overwhelm the NFIP, cost the taxpayers' billions, increase
incentives to develop in hazard-prone and ecologically-
sensitive coastal areas and floodplains, and place more
lives, properties, and wildlife habitat at risk. We applaud
Representative Taylor and other Members for raising the
nation's awareness of the increasing risks associated with
global warming-powered coastal storms. We are also
sympathetic to citizens' desires to remove wind damage and
flooding damage distinctions in homeowner's insurance
policies in the aftermath of Hurricanes Katrina, Rita, and
Wilma. Yet, we oppose adding a wind peril dimension to the
NFIP because it would substantially undermine the program's
already precarious financial position, would add greater risk
and uncertainty especially for the taxpayers and the public,
and would distract from the critical missions of the NFIP.
Essentially, we must fix the NFIP before we expand it.
Hurricanes Katrina and Wilma have already driven the NFIP
into the most dire financial condition in its history, now
with a virtually insurmountable U.S. Treasury debt of
approximately $18 billion. H.R. 3121 would mandate that FEMA
begin the sale of a new federal wind insurance (multiple
peril including wind and flood) beginning on June 30, 2008,
right before the 2008 Hurricane Season and almost immediately
increasing the exposure of the U.S. taxpayers to potentially
billions of dollars in new claims. The chances of exposure of
a catastrophic storm could swamp the national flood insurance
program and leave it crippled forever. The rates of coverage
are also significantly greater than those provided by current
flood insurance alone: $650,000 for residential structures
and contents and $1.75 million for commercial properties and
contents. These coverage caps expose the taxpayers to
considerable liability. In fact, recent insurance industry
estimates show that costs of storms like Hurricane Katrina
that were in the $15 to $20 billion range for the NFIP
currently, could be three to five times or more, if wind
perils were also included. Such costs could potentially
overwhelm the program and the costs to taxpayers could
balloon to staggering levels.
For these reasons, again, we support the Blumenauer-
Gilchrest Global Warming Amendment, which will ensure that
FEMA address the realities of global warming in its map
modernization effort. We oppose the provisions within H.R.
3121 that expand the NFIP to include wind. These provisions
threaten to overwhelm an already failing National Flood
Insurance Program that needs substantial reforms to turn the
corner on expanding flood risk and to accomplish its other
purposes. Although many of the reforms contained within H.R.
3121 represent steps in the right direction, the proposed
legislation will not go far enough in fixing the essentially
bankrupt NFIP. Congress will have missed an historic
opportunity to strengthen the NFIP if it passes this bill in
its current form.
Please see the attached overview of our additional concerns
with the bill.
Thank you for you attention to this matter.
Sincerely,
Erich Pica,
Director of Domestic Programs, Friends of the Earth.
Adam Kolton,
Senior Director, Congressional & Federal Affairs, National
Wildlife Federation.
David Jenkins,
Government Affairs Director, Republicans for Environmental
Protection.
Emily Figdor,
Federal Global Warming Program Director, U.S. Public
Interest Research Group (PIRG).
Mr. Chairman, I demand a recorded vote.