[Congressional Record Volume 154, Number 76 (Thursday, May 8, 2008)]
[Senate]
[Pages S3981-S3983]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4733. Mr. MENENDEZ (for himself, Mr. Lautenberg, Mr. Schumer, Mr. 
Nelson of Florida, and Mrs. Clinton) submitted an amendment intended to 
be proposed to amendment SA 4707 proposed by Mr. Dodd (for himself and 
Mr. Shelby) to the bill S. 2284, to amend the National Flood Insurance 
Act of 1968, to restore the financial solvency of the flood insurance 
fund, and for other purposes; as follows:

       On page 34, between lines 14 and 15, insert the following:
       (d) Communication and Outreach.--
       (1) In general.--The Director shall--
       (A) work to enhance communication and outreach to States, 
     local communities, and property owners about the effects of--
       (i) any potential changes to National Flood Insurance 
     Program rate maps that may result from the mapping program 
     required under this section; and
       (ii) that any such changes may have on flood insurance 
     purchase requirements; and
       (B) engage with local communities to enhance communication 
     and outreach to the residents of such communities on the 
     matters described under subparagraph (A).
       (2) Required activities.--The communication and outreach 
     activities required under paragraph (1) shall include--
       (A) notifying property owners when their properties become 
     included in, or when they are excluded from, an area having 
     special flood hazards and the effect of such inclusion or 
     exclusion on the applicability of the mandatory flood 
     insurance purchase requirement under section 102 of the Flood 
     Disaster Protection Act of 1973 (42 U.S.C. 4012a) to such 
     properties;
       (B) educating property owners regarding the flood risk and 
     reduction of this risk in their community, including the 
     continued flood risks to areas that are no longer subject to 
     the flood insurance mandatory purchase requirement;
       (C) educating property owners regarding the benefits and 
     costs of maintaining or acquiring flood insurance, including, 
     where applicable, lower-cost preferred risk policies under 
     the National Flood Insurance Act of 1968 (42 U.S.C. 4011 et 
     seq.) for such properties and the contents of such 
     properties;
       (D) educating property owners about flood map revisions and 
     the process available such owners to appeal proposed changes 
     in flood elevations through their community; and
       (E) encouraging property owners to maintain or acquire 
     flood insurance coverage.
       On page 34, line 15, strike ``(d)'' and insert ``(e)''.
                                 ______
                                 
  SA 4734. Mr. ENSIGN (for himself and Mr. Reid) proposed an amendment 
to amendment SA 4707 proposed by Mr. Dodd (for himself and Mr. Shelby) 
to the bill S. 2284, to amend the National Flood Insurance Act of 1968, 
to restore the financial solvency of the flood insurance fund, and for 
other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. FERNLEY FLOOD COMPENSATION.

       (a) Definitions.--In this section:
       (1) Covered person.--The term ``covered person'' means a 
     United States citizen, an alien lawfully admitted for 
     permanent residence, the City of Fernley, Lyon County, a 
     person that is not an individual, or a school district.

[[Page S3982]]

       (2) Fernley flood.--The term ``Fernley flood'' means the 
     breach of the Truckee Irrigation Canal on January 5, 2008, 
     and subsequent flooding of the City of Fernley, Nevada.
       (3) Injured party.--The term ``injured party'' means a 
     covered person that suffered damages resulting from the 
     Fernley flood.
       (b) Compensation and Source of Funds.--
       (1) Compensation.--Each injured party shall be eligible to 
     receive from the United States compensation for damages 
     suffered as a result of the Fernley flood.
       (2) Source of funds.--The Director shall compensate each 
     injured party for damages resulting from the Fernley flood 
     from the permanent judgment appropriation under section 1304 
     of title 31, United States Code.
       (c) Insurance and Other Benefits.--The Director shall 
     reduce the amount to be paid to an injured party relating to 
     the Fernley flood by an amount that is equal to the total of 
     insurance benefits (excluding life insurance benefits) or 
     other payments or settlements of any nature relating to the 
     Fernley flood that were paid, or will be paid, to that 
     injured party.
       (d) Acceptance of Award.--The acceptance by a injured party 
     of any payment under this section shall (excluding claims 
     relating to life insurance benefits)--
       (1) be final and conclusive as to any claim of that injured 
     party relating to damages suffered because of the Fernley 
     flood; and
       (2) constitute a complete and full release of all claims of 
     that injured party relating to the Fernley flood against the 
     United States, the State of Nevada, Lyon County, Nevada, the 
     City of Fernley, Nevada, and the Truckee-Carson Irrigation 
     District.
       (e) Regulations.--Not later than 90 days after the date of 
     enactment of this Act, the Director shall promulgate and 
     publish in the Federal Register interim final regulations to 
     carry out this section.
                                 ______
                                 
  SA 4735. Mr. THUNE (for himself and Mr. Johnson) submitted an 
amendment intended to be proposed to amendment SA 4707 proposed by Mr. 
Dodd (for himself and Mr. Shelby) to the bill S. 2284, to amend the 
National Flood Insurance Act of 1968, to restore the financial solvency 
of the flood insurance fund, and for other purposes; as follows:

       At the end, add the following:

                        TITLE III--MISCELLANEOUS

     SEC. 301. BIG SIOUX RIVER AND SKUNK CREEK, SIOUX FALLS, SOUTH 
                   DAKOTA.

       The project for flood control, Big Sioux River and Skunk 
     Creek, Sioux Falls, South Dakota, authorized by section 
     101(a)(28) of the Water Resources Development Act of 1996 
     (110 Stat. 3666), is modified to authorize the Secretary to 
     reimburse the non-Federal interest for funds advanced by the 
     non-Federal interest for the Federal share of the project, 
     only if additional Federal funds are appropriated for that 
     purpose.
                                 ______
                                 
  SA 4736. Mr. DODD (for himself and Mr. Shelby) submitted an amendment 
intended to be proposed to amendment SA 4707 proposed by Mr. Dodd (for 
himself and Mr. Shelby) to the bill S. 2284, to amend the National 
Flood Insurance Act of 1968, to restore the financial solvency of the 
flood insurance fund, and for other purposes; as follows:

       On page 10, between lines 16 and 17, insert the following:
       (3) Accurate pricing.--In carrying out the mandatory 
     purchase requirement under paragraph (1), the Director shall 
     ensure that the price of flood insurance policies in areas of 
     residual risk accurately reflects the level of flood 
     protection provided by any levee, dam, or other the man-made 
     structure in such area.
       On page 31, after line 14 add:
       ``(v) The level of protection provided by man-made 
     structures.''
       On page 10, after line 16, insert:
       (d)--upon decertification of any levee, dam, or man-made 
     structure under the jurisdiction of the Army Corps of 
     Engineers, the Corps shall immediately provide notice to the 
     Director of the National Flood Insurance program.
                                 ______
                                 
  SA 4737. Mr. REID (for himself, Mr. Dorgan, Mr. Bingaman, Mrs. Boxer, 
Mr. Levin, Ms. Stabenow, Mr. Leahy, Mr. Schumer, Mr. Brown, Mr. 
Sanders, Mr. Durbin, Mr. Kerry, Mr. Menendez, Ms. Landrieu, Mr. Carper, 
Mr. Inouye, Mr. Lautenberg, Mr. Salazar, Mr. Reed, and Mr. Harkin) 
submitted an amendment intended to be proposed by him to the bill S. 
2284, to amend the National Flood Insurance Act of 1968, to restore the 
financial solvency of the flood insurance fund, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SUSPENSION OF PETROLEUM ACQUISITION FOR STRATEGIC 
                   PETROLEUM RESERVE.

       (a) In General.--Except as provided in subsection (b) and 
     notwithstanding any other provision of law, during the period 
     beginning on the date of enactment of this Act and ending on 
     December 31, 2008--
       (1) the Secretary of the Interior shall suspend acquisition 
     of petroleum for the Strategic Petroleum Reserve through the 
     royalty-in-kind program; and
       (2) the Secretary of Energy shall suspend acquisition of 
     petroleum for the Strategic Petroleum Reserve through any 
     other acquisition method.
       (b) Resumption.--Not earlier than 30 days after the date on 
     which the President notifies Congress that the President has 
     determined that the weighted average price of petroleum in 
     the United States for the most recent 90-day period is $75 or 
     less per barrel--
       (1) the Secretary of the Interior may resume acquisition of 
     petroleum for the Strategic Petroleum Reserve through the 
     royalty-in-kind program; and
       (2) the Secretary of Energy may resume acquisition of 
     petroleum for the Strategic Petroleum Reserve through any 
     other acquisition method.
       (c) Existing Contracts.--In the case of any oil scheduled 
     to be delivered to the Strategic Petroleum Reserve pursuant 
     to a contract entered into by the Secretary of Energy prior 
     to, and in effect on, the date of enactment of this Act, the 
     Secretary shall, to the maximum extent practicable, negotiate 
     a deferral of the delivery of the oil for a period of not 
     less than 1 year, in accordance with procedures of the 
     Department of Energy in effect on the date of enactment of 
     this Act for deferrals of oil.
                                 ______
                                 
  SA 4738. Ms. STABENOW (for himself and Mr. Levin) submitted an 
amendment intended to be proposed to amendment SA 4707 proposed by Mr. 
Dodd (for himself and Mr. Shelby) to the bill S. 2284, to amend the 
National Flood Insurance Act of 1968, to restore the financial solvency 
of the flood insurance fund, and for other purposes; which was ordered 
to lie on the table; as follows:

       On page 72, after line 19, insert the following:
       (e) Study on Grand River Floodwall.--
       (1) In general.--The Director and the Corps of Engineers, 
     in conjunction with the City of Grand Rapids, shall conduct a 
     study on the Grand River Floodwall in Grand Rapids, Michigan, 
     to determine if such Floodwall (which is built one foot above 
     the existing 100-year flood levels) is adequate to provide 
     flood protection.
       (2) No cost to city.--The study required under paragraph 
     (1) shall be conducted at no cost to the City of Grand 
     Rapids.
       (3) Terms of analysis.--In making the determination 
     required under paragraph (1), the Director and the Corps of 
     Engineers shall--
       (A) use the best and most appropriate geologic, hydrologic, 
     climate data, and flood modeling available;
       (B) fully analyze and identify--
       (i) the overall risk of failure of the Grand River 
     Floodwall to the City of Grand Rapids;
       (ii) the existing flood protection measures provided by 
     such Floodwall; and
       (iii) the risk remaining to the City of Grand Rapids after 
     consideration of the existing flood protection measures 
     provided by such Floodwall; and
       (C) assign a realistic cost to taking measures to insure 
     against the remaining risk identified under subparagraph (B).
       (4) No update of floodmaps until study completed.--During 
     the period beginning on the date of the enactment of this Act 
     and ending on the date on which the study required under 
     paragraph (1) is completed, the Director may not issue any 
     updated flood insurance rate maps for the City of Grand 
     Rapids.
                                 ______
                                 
  SA 4739. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill S. 2284, to amend the National Flood Insurance Act of 
1968; to restore the financial solvency of the flood insurance fund, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. AIRLINE MERGERS.

       In reviewing the proposed merger of Northwest Airlines and 
     Delta Air Lines announced April 14, 2008, the Assistant 
     Attorney General in charge of the Antitrust Division of the 
     Department of Justice shall consider any potential adverse 
     effects on competition in urban and rural areas with fewer 
     than 200,000 residents.
                                 ______
                                 
  SA 4740. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill S. 2284, to amend the National Flood Insurance Act of 
1968, to restore the financial solvency of the flood insurance fund, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. STUDY ON EXISTING CODE-SHARING AGREEMENTS AND 
                   PROPOSED MERGER BETWEEN DELTA AIR LINES AND 
                   NORTHWEST AIRLINES.

       The Secretary of Transportation shall conduct a study on 
     the proposed merger between Delta Air Lines and Northwest 
     Airlines to assess whether, because of existing code-sharing 
     agreements between Northwest Airlines, Air France, and KLM 
     Royal Dutch Airlines--
       (1) such merger would provide greater access to United 
     States air transportation

[[Page S3983]]

     markets by Air France and KLM Royal Dutch Airlines; and
       (2) such increased access would be in the United States 
     public interest.
                                 ______
                                 
  SA 4741. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill S. 2284, to amend the National Flood Insurance Act of 
1968, to restore the financial solvency of the flood insuance fund, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. AIRLINE MERGERS.

       In reviewing the proposed merger of Northwest Airlines and 
     Delta Air Lines announced April 14, 2008, the Assistant 
     Attorney General in charge of the Antitrust Division of the 
     Department of Justice shall consider whether Northwest 
     Airlines or Delta Air Lines would be able to continue 
     business operations if such proposed merger does not occur.
                                 ______
                                 
  SA 4742. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill S. 2284, to amend the National Flood Insurance Act of 
1968, to restore the financial solvency of the flood insuance fund, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of title VII, insert the following:

     SEC. __. STUDY OF THE IMPACT THAT AIRLINE MERGERS HAVE HAD ON 
                   RURAL AREAS.

       (a) In General.--The Attorney General shall conduct a study 
     on the impact that airline mergers have had on rural areas 
     since deregulation of the airline industry in 1978.
       (b) Report.--Not later than 90 days after the date of 
     enactment of this Act, the Attorney General shall submit the 
     findings from the study required by subsection (a) to 
     Congress.
       (c) Definition.--In this section, the term ``rural areas'' 
     means areas having fewer than 50,000 residents.
                                 ______
                                 
  SA 4743. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill S. 2284, to amend the National Flood Insurance Act of 
1968, to restore the financial solvency of the flood insuance fund, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. AIRLINE MERGERS.

       The Comptroller General of the United States shall conduct 
     a study of, and submit a report to Congress regarding, the 
     effect of the proposed merger of Northwest Airlines and Delta 
     Air Lines announced April 14, 2008, on--
       (1) the compensation of executives of such companies; and
       (2) the liabilities of the employee pension benefit plans 
     of such companies relating to employees that are not 
     executive-level employees.
                                 ______
                                 
  SA 4744. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill S. 2284, to amend the National Flood Insurance Act of 
1968, to restore the financial solvency of the flood insurance fund, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. AIRLINE MERGERS.

       (a) In General.--For any covered airline merger, the 
     waiting period described in section 7A(b)(1) of the Clayton 
     Act (15 U.S.C. 18a(b)(1)) for that covered airline merger 
     shall expire on the latter of--
       (1) the date that is 1 year after the date of enactment of 
     this Act; or
       (2) the date that such waiting period otherwise expires 
     under section 7A(b)(1) of the Clayton Act (15 U.S.C. 
     18a(b)(1)) (including such later date as may be set under 
     subsection (e)(2) or (g)(2) of such section).
       (b) Definition of Covered Airline Merger.--In this section, 
     the term ``covered airline merger'' means any acquisition of 
     voting securities or assets of a person in the air transport 
     services industry--
       (1) relating to which--
       (A) a notice is filed pursuant to the rules under section 
     7A(d)(1) of the Clayton Act (15 U.S.C. 18a(d)(1)) during the 
     1-year period beginning on the date of enactment of this Act; 
     or
       (B) the waiting period described in section 7A(b)(1) of the 
     Clayton Act (15 U.S.C. 18a(b)(1)) has not expired on the date 
     of enactment of this Act; and
       (2) that the Assistant Attorney General in charge of the 
     Antitrust Division of the Department of Justice determines is 
     likely to result in layoffs in, or reductions in air 
     transport services to, rural areas.
                                 ______
                                 
  SA 4745. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill S. 2284, to amend the National Flood Insurance Act of 
1968, to restore the financial solvency of the flood insurance fund, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of title VII, insert the following:

     SEC. __. STUDY OF THE IMPACT THAT AIRLINE MERGERS HAVE HAD ON 
                   NEW COMMERCIAL AIRLINE ENTRIES INTO RURAL 
                   MARKETS.

       (a) In General.--The Attorney General shall conduct a study 
     on the impact that airline mergers have had on new commercial 
     airline entries into rural markets.
       (b) Report.--Not later than 90 days after the date of 
     enactment of this Act, the Attorney General shall submit the 
     findings from the study required by subsection (a) to 
     Congress.
                                 ______
                                 
  SA 4746. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill S. 2284, to amend the National Flood Insurance Act of 
1968, to restore the financial solvency of the flood insurance fund, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. STUDY ON IMPACT OF PROPOSED MERGER BETWEEN DELTA 
                   AIR LINES AND NORTHWEST AIRLINES ON AIR 
                   TRANSPORTATION MARKET IN EUROPE.

       The Secretary of Transportation shall conduct a study on 
     the proposed merger between Delta Air Lines and Northwest 
     Airlines--
       (1) to estimate, if such merger were completed, what share 
     of the air transportation market in Europe such merged entity 
     would have, taking into consideration the Open Skies 
     Initiative; and
       (2) to determine whether permitting such merger would 
     violate any trade agreement with respect to which the United 
     States is a party.
                                 ______
                                 
  SA 4747. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill S. 2284, to amend the National Flood Insurance Act of 
1968, to restore the financial solvency of the flood insurance fund, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of title VII, insert the following:

     SEC. __. STUDY OF THE IMPACT THAT AIRLINE MERGERS HAVE HAD ON 
                   RURAL AREAS.

       (a) In General.--The Attorney General shall conduct a study 
     on the impact that airline mergers have had on rural areas 
     since deregulation of the airline industry in 1978.
       (b) Report.--Not later than 90 days after the date of 
     enactment of this Act, the Attorney General shall submit the 
     findings from the study required by subsection (a) to 
     Congress.
       (c) Definition.--In this section, the term ``rural areas'' 
     means areas having fewer than 50,000 residents.
                                 ______
                                 
  SA 4748. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill S. 2284, to amend the National Flood Insurance Act of 
1968, to restore the financial solvency of the flood insurance fund, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of title VII, insert the following:

     SEC. __. ACTION BY STATE ATTORNEYS GENERAL AGAINST DELTA AND 
                   NORTHWEST MERGER.

       Congress encourages the Attorney General of any State 
     adversely impacted by the proposed Delta and Northwest merger 
     to bring an action under the Clayton Act to enjoin the merger 
     or recover any appropriate damages.
                                 ______
                                 
  SA 4749. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill S. 2284, to amend the National Flood Insurance Act of 
1968, to restore the financial solvency of the flood insurance fund, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. AIRLINE MERGERS.

       The Comptroller General of the United States shall conduct 
     a study of, and submit a report regarding, whether the 
     proposed merger of Northwest Airlines and Delta Air Lines 
     announced April 14, 2008, will harm air transport services in 
     rural areas.

                          ____________________