[Congressional Record Volume 152, Number 85 (Tuesday, June 27, 2006)]
[Daily Digest]
[Pages D707-D710]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





                        House of Representatives


Chamber Action
Public Bills and Resolutions Introduced: 5 public bills, H.R. 5688-
5692; and 4 resolutions, H. Con. Res. 436-438 and H. Res. 894, were 
introduced.
  Pages H4679-80
Additional Cosponsors:
  Pages H4680-81
Reports Filed: A report was filed today as follows:
  H.R. 4125, to permit the Administrator of General Services to make 
repairs and lease space without approval of a prospectus if the repair 
or lease is required as a result of damages to buildings or property 
attributable to Hurricane Katrina or Hurricane Rita (H. Rept. 109-532).
                                                             Page H4679
Speaker: Read a letter from the Speaker wherein he appointed 
Representative Wilson of New Mexico to act as Speaker pro tempore for 
today.
  Page H4559
Recess: The House recessed at 9:08 a.m. and reconvened at 10:00 a.m. 
                                                             Page H4562
Suspensions: The House agreed to suspend the rules and pass the 
following measures:
  Freedom to Display the American Flag Act of 2005: H.R. 42, to ensure 
that the right of an individual to display the flag of the United 
States on residential property not be abridged;
  Pages H4574-76
  Seasoned Customer CTR Exemption Act of 2006: H.R. 5341, amended, to 
amend section 5313 of title 31, United States Code, to reform certain 
requirements for reporting cash transactions; and
  Pages H4576-82
  Recognizing National Homeownership Month and the importance of 
homeownership in the United States: H. Res. 854, to recognize National 
Homeownership Month and the importance of homeownership in the United 
States.
  Pages H4282-86
Suspensions--Proceedings Resumed: The House agreed to suspend the rules 
and pass the following measures which were debated on yesterday, 
Monday, June 26th:
  Coast Guard and Maritime Transportation Act of 2006: Conference 
report on H.R. 889, to authorize appropriations for the Coast Guard for 
fiscal year 2006, to make technical corrections to various laws 
administered by the Coast Guard, by a (\2/3\) yea-and-

[[Page D708]]

nay vote of 413 yeas with none voting ``nay'', Roll No. 320; and 
                                                          Page H4587-88
  Veterans' Compensation Cost-of-Living Adjustment Act of 2006: H.R. 
4843, amended, to increase, effective as of December 1, 2006, the rates 
of disability compensation for veterans with service-connected 
disabilities and the rates of dependency and indemnity compensation for 
survivors of certain service-connected disabled veterans, by a (\2/3\) 
yea-and-nay vote of 408 yeas with none voting ``nay'', Roll No. 321. 
                                                             Page H4588
Flood Insurance Reform and Modernization Act of 2006: The House passed 
H.R. 4973, to restore the financial solvency of the national flood 
insurance program by a yea-and-nay vote of 416 yeas to 4 nays, Roll No. 
325.
  Pages H4589-H4617
Agreed to:
  Oxley amendment (No. 1 printed in H. Rept. 109-530) 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;
Pages H4598-99
  Burton amendment (No. 2 printed in H. Rept. 109-530) codifies 
existing notification regulations and further requires written 
notification, by first-class mail, to each property owner affected by a 
proposed change in flood elevations, prior to the 90-day appeal period. 
Notification would include an explanation of the appeal process and 
contact information for responsible officials;
Pages H4599-H4601
  Garrett amendment (No. 3 printed in H. Rept. 109-530) requires any 
purchaser of a pre-FIRM primary residential home to pay phased-in 
actuarial flood insurance prices using the same phase-in structure that 
non-residential and non-primary homes are currently subject to in the 
legislation, after the enactment of the bill;
Pages H4601-02
  Taylor of Mississippi amendment (No. 4 printed in H. Rept. 109-530) 
instructs the Inspector General of DHS to conduct an investigation of 
the Hurricane Katrina damage claims adjusted by the insurance companies 
that contract with the National Flood Insurance Program under the 
``Write-Your-Own'' program to determine whether, and to what extent, 
the companies improperly assigned damages to flooding covered by NFIP 
that should have been paid by the windstorm coverage provided by the 
insurance companies. The Inspector General would be required to report 
the findings to Congress no later than 6 months after enactment; 
                                                         Pages H4602-03
  Pickering amendment (No. 6 printed in H. Rept. 109-530) corrects an 
inequity in current law by exempting all purchases or transfers of 
property by any means, and not just purchases via a loan as under 
current law, from the 30-day waiting period for purposes of flood 
insurance coverage;
Page H4603
  Matsui amendment (No. 7 printed in H. Rept. 109-530) amends Section 
16 of the bill to ensure that, when practical, FEMA utilizes emerging 
weather forecasting technologies in updating its flood maps. This will 
ensure that FEMA has the highest quality information when it works to 
determine the level of risk for vulnerable geographies. It would not 
impose any additional financial mandates on the NFIP. In addition, the 
amendment would make sure the program has the best information 
possible, while emphasizing the importance of this emerging technology;
                                                         Pages H4603-04
  Johnson, Eddie Bernice, of Texas amendment (No. 8 printed in H. Rept. 
109-530) creates a program to educate communities about the update to 
the flood insurance program rate map;
Pages H4604-06
  Jackson-Lee of Texas amendment (No. 5 printed in H. Rept. 109-530) 
adds a provision into the GAO study on the status of the national flood 
insurance program for certain pre-FIRM properties that seeks to 
identify any inconsistencies in eligibility standards for pre-FIRM 
coverage;
Page H4604
  Matsui amendment (No. 9 printed in H. Rept. 109-530) directs GAO to 
conduct a study on potential methods, practices and incentives that 
would increase the degree to which low-income property owners living in 
high-risk locations participate in the national flood insurance 
program. This study should be reported to Congress no later than 1 year 
after enactment of this legislation;
Pages H4606-07
  Ruppersberger amendment (No. 10 printed in H. Rept. 109-530) requires 
the FEMA Director to issue regulations and revise materials that are 
provided to policy holders using ``plain language'' and ``easy to 
understand terms and concepts'';
Page H4607

[[Page D709]]


  Jindal amendment (No. 11 printed in H. Rept. 109-530) clarifies that 
``demolish and rebuild'' should be a mitigation option available under 
the regular Flood Mitigation Assistance (FMA) program. The ``demolish 
and rebuild'' option is specifically allowed under the Severe 
Repetitive Loss Program created by the 2004 reform act and FEMA has 
interpreted the difference to mean it cannot approve the measure under 
FMA;
Pages H4607-08
  Davis, JoAnn, of Virginia (No. 12 printed in H. Rept. 109-530) 
directs FEMA to utilize ``a methodologically valid approach for 
sampling files selected for operational reviews and quality assurance 
claims reinspections.'' A 2005 GAO study highlighted FEMA's oversight 
failures, stating that, ``FEMA cannot . . . determine the overall 
accuracy of claims settled for specific flood events or assess the 
overall performance of insurance companies and their adjusters in 
fulfilling their responsibilities for the NFIP'' (GAO-06-183T National 
Flood Insurance Program). The amendment improves the oversight and 
accountability of the National Flood Insurance Program (NFIP); and 
                                                             Page H4608
  Davis, JoAnn, of Virginia (No. 13 printed in H. Rept. 109-530) 
extends the proof of loss filing deadline to 180 days and would 
prohibit NFIP from denying claims solely for failing to meet the 
deadline and makes this change retroactive to September 18, 2003. 
                                                         Pages H4608-09
Rejected:
  Rohrabacher amendment (No. 14 printed in H. Rept. 109-530) that 
sought to provide that, in a case in which a Federally funded flood 
control project causes an area to become at greater risk of flooding 
than it otherwise would have been, residents in that area shall be 
provided flood insurance using the price formula that would have 
applied had the offending flood control project not been built, or if 
no flood insurance would otherwise have been required, they shall be 
provided flood insurance at no cost. The determination of this status 
would be made by the Director of the National Flood Insurance Program 
(by a recorded vote of 98 ayes to 327 noes, Roll No. 322); 
                                                  Pages H4609-11, H4614
  Pearce amendment (No. 15 printed in H. Rept. 109-530) that sought to 
immediately end all flood insurance subsidies on nonresidential, 
vacation, and second homes (by a recorded vote of 76 ayes to 347 noes, 
Roll No. 323); and
Pages H4611-12, H4615
  Miller of Michigan amendment (No. 16 printed in H. Rept. 109-530) 
that sought to instruct the Director of the National Flood Insurance 
Program, upon the completion of the study by the International Joint 
Committee of the Upper Great Lakes, to request the Army Corps of 
Engineers to complete a new flood map for the region to help the NFIP 
develop 100-year and 500-year flood plains. The amendment also 
prohibits flood evaluations in the upper Great Lakes to be increased 
until the aforementioned is completed (by a recorded vote of 416 ayes 
to 4 noes, Roll No. 325).
Pages H4612-14, H4615-16
  Agreed that the Clerk be authorized to make technical and conforming 
changes to reflect the actions of the House.
Page H4617
  H. Res. 891, the rule providing for consideration of the bill was 
agreed to by voice vote, after agreeing to order the previous question 
without objection.
Pages H4565-68, H4587-88
  Agreed that the Clerk will effect a technical correction in the 
engrossment of the resolution.
Page H4617
Science, State, Justice, Commerce, and Related Agencies Appropriations 
Act, 2007: The House began consideration of H.R. 5672, making 
appropriations for Science, the Departments of State, Justice, and 
Commerce, and related agencies for the fiscal year ending September 30, 
2007. Further consideration is expected to continue tomorrow, 
Wednesday, June 28th.
  Pages H4617-38, H4639-65
  Agreed to limit the number of amendments made in order for debate and 
the time limit for debate on each amendment during further proceedings.
                                                         Pages H4638-39
Agreed to:
  Wolf amendment to increase funding (by offset) for the Missing 
Alzheimer Program by $1,000,000;
Pages H4639-40
  Reichert amendment to increase funding (by offset) for Justice 
Assistance Grants by $25,000,000;
Pages H4642-44
  Boswell amendment to increase funding (by offset) for the Criminal 
Records Upgrade Program by $1,500,000;
Page H4644
  Brown-Waite, Ginny of Florida amendment to increase funding (by 
offset) for the Violence Against Women Act by $10,000,000; 
                                                         Pages H4644-45
  Johnson of Connecticut amendment to increase funds (by offset) for 
the FBI's Innocent Images Program by $3,300,000;
Pages H4651-52
  Barrow amendment to increase funding (by offset) for the State 
Criminal Alien Assistance Program by $25 million;
Page H4657
  Obey amendment to increase funding (by offset) for the Legal Services 
Corporation by $25,000,000 (by a recorded vote of 237 ayes to 185 noes, 
Roll No. 326);
Pages H4640-42, H4662
  Velazquez amendment that sought to increase funds (by offset) for the 
direct and guaranteed loan programs by $40,000,000 (by a recorded vote 
of 214 ayes to 207 noes, Roll No. 327); and
Pages H4645-48, H4662-63

[[Page D710]]


  Kennedy of Minnesota amendment that sought to increase funding (by 
offset) to the Edward Byrne Memorial Justice Assistance Grant program 
by $50 million (by a recorded vote of 291 ayes to 129 noes, Roll No. 
330).
Pages H4657-61, H4664-65
Rejected:
  Nadler amendment that sought to increase funds (by offset) for the 
FBI by $40,000,000 (by a recorded vote of 176 ayes to 243 noes, Roll 
No. 328); and
Pages S4649-50, H4663-64
  Stearns amendment (No. 22 printed in the Congressional Record of June 
26th) that sought to increase funding (by offset) for expenses 
necessary of the Federal Prison System by $500,000 (by a recorded vote 
of 163 ayes to 257 noes, Roll No. 329).
Pages H4653-54, H4664
Withdrawn:
  Millender-McDonald amendment that was offered and subsequently 
withdrawn which sought to increase funding (by offset) for the 
Department of Justice Drug Court Programs by $5 million.
Page H4661
Point of Order sustained against:
  The proviso, beginning on pages 15, line 18 thru page 16, line 
4,4652-53 constituted legislation in an appropriations bill; 
                                                         Pages H4652-53
  Mollohan amendment that sought to increase funding for State and 
local law enforcement authorization grants; and
Pages S4655-56
  Kennedy of Minnesota amendment that sought to increase funding for 
the Edward Byrne Memorial Justice Assistance Grant program by $532 
million.
Pages S4656-57
  H. Res. 890, the rule providing for consideration of the bill was 
agreed to by a yea-and-nay vote of 224 yeas to 188 nays, Roll No. 319, 
after agreeing to order the previous question without objection. 
                                               Pages H4568-74, H4586-87
Amendments: Amendments ordered printed pursuant to the rule appear on 
page H4681.
Quorum Calls--Votes: Four yea-and-nay votes and seven recorded votes 
developed during the proceedings of today and appear on pages H4587, 
H4587-88, H4588, H4614, H4615, H4615-16, H4616, H4662, H4662-63, H4663-
64, H4664, and H4664-65. There were no quorum calls.
Adjournment: The House met at 9 a.m. and adjourned at midnight.