[Congressional Record Volume 158, Number 98 (Wednesday, June 27, 2012)]
[Senate]
[Pages S4684-S4685]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

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  SA 2485. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 1940, 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 I, add the following:

     SEC. __. FACILITIES IN COASTAL HIGH HAZARD AREAS.

       (a) Definitions.--In this section--
       (1) the term ``coastal high hazard area'' has the same 
     meaning as in section 9.4 of title 44, Code of Federal 
     Regulations, or any successor thereto;
       (2) the term ``eligible entity'' means an entity that 
     receives a contribution under section 406 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5172);
       (3) the term ``essential to a community's recovery'' means, 
     with respect to a structure or facility, that the structure 
     or facility is associated with the basic functions of a local 
     government, including public health and safety, education, 
     law enforcement, fire protection, and other critical 
     government operations; and
       (4) the term ``major disaster'' means a major disaster 
     declared by the President under section 401 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5170).
       (b) Regulations.--
       (1) Substantial improvements.--Notwithstanding section 9.4 
     of title 44, Code of Federal Regulations, an action relating 
     to a structure or facility located in a coastal high hazard 
     area for which an eligible entity received a contribution 
     under section 406 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5172) shall be deemed 
     to be a ``substantial improvement'' for purposes of such part 
     9 if--
       (A) the action involves the replacement of a structure or 
     facility that--
       (i) was located in the coastal high hazard area before the 
     incident that caused the structure or facility to be totally 
     destroyed; and
       (ii) is essential to a community's recovery from a major 
     disaster;
       (B) there is no practicable alternative to locating a 
     replacement structure or facility in the coastal high hazard 
     area;
       (C) the replacement structure or facility conforms to the 
     most recent Flood Resistant Design and Construction standard 
     issued by the American Society of Civil Engineers, or any 
     more stringent standard approved by the Administrator; and
       (D) the eligible entity develops evacuation and emergency 
     response procedures to reduce the risk of loss of human life 
     and operational disruption from a flood.
       (2) Relocation.--
       (A) Relocation required.--The amendments under paragraph 
     (1) shall provide that if the Administrator determines that 
     there is a practicable alternative to the original site of a 
     structure or facility described in paragraph (1) that is 
     outside the coastal high hazard area and that provides better 
     protection against the flood hazard or other hazards 
     associated with coastal high hazard areas, the replacement 
     structure or facility shall be relocated to the alternative 
     site.
       (B) Relocation.--If a replacement structure or facility is 
     relocated under subparagraph (A), the original site for the 
     destroyed structure or facility shall be deed restricted in 
     conformance with part 80 of title 44, Code of Federal 
     Regulations.
       (C) No relocation.--If a replacement structure or facility 
     is rebuilt at the same location, the eligible entity shall 
     set aside an alternative parcel of land in the coastal high 
     hazard area of equal or greater size, to be deed restricted 
     in conformance with part 80 of title 44, Code of Federal 
     Regulations, that the Administrator determines--
       (i) provides better protection against floods; or
       (ii) promotes the restoration of natural and beneficial 
     functions of coastal floodplains, including protection to 
     endangered species, critical habitat, wetlands, or coastal 
     uses.
       (3) Applicability.--This section shall apply with respect 
     to any major disaster or emergency declared on or after the 
     date of enactment of this Act.
                                 ______
                                 
  SA 2486. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 1940, 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:

       In section 140, strike subsection (d) and insert the 
     following:
       (d) Funding.--Notwithstanding section 1310 of the National 
     Flood Insurance Act of 1968 (42 U.S.C. 4017), there shall be 
     available to the Administrator from the National Flood 
     Insurance Fund, of amounts not otherwise obligated, not more 
     than $750,000 to carry out subsections (a), (b), and (c) of 
     this section.
       (e) Pilot Program.--
       (1) In general.--Not earlier than 90 days and not later 
     than 180 days after the date on which the Administrator 
     submits the report required under subsection (c), the 
     Administrator shall establish a pilot program (referred to in 
     this subsection as the ``program'') to provide means-tested, 
     targeted assistance through vouchers or subsidies for the 
     purchase of flood insurance to individuals who are 
     economically distressed and cannot afford flood insurance 
     coverage.
       (2) Eligibility.--
       (A) In general.--The Administrator shall establish 
     appropriate criteria under which an individual may qualify 
     for a voucher or subsidy under the program.
       (B) Income requirements.--The criteria established under 
     subparagraph (A) shall specify that an individual is not 
     eligible for a voucher or subsidy under the program if--
       (i) the annual adjusted gross income of the household of 
     the individual is greater than 80 percent of the area median 
     income, as determined by the Secretary of Housing and Urban 
     Development; or
       (ii) the individual does not reside in an area that is 
     subject to the mandatory purchase requirements under sections 
     102 and 202 of the Flood Disaster Protection Act of 1973 (42 
     U.S.C. 4012a and 4016).
       (3) Vouchers and subsidies.--
       (A) Adjustment of amount.--The Administrator may adjust the 
     amount of a voucher or subsidy provided to an individual 
     under the program based on the level of financial need of the 
     household of the individual, including by establishing a 
     tiered system, sliding scale, or standard of affordability 
     that evaluates the cost of flood insurance coverage as a 
     percentage of the adjusted gross income of a household.
       (B) Limitation.--The amount of a voucher or subsidy 
     provided to an individual under the program may not exceed 
     the cost of flood insurance coverage for the individual under 
     the National Flood Insurance Program.
       (4) Use of vouchers and subsidies.--The Administrator may 
     not provide a voucher or subsidy under the program to an 
     individual to pay for flood insurance coverage under the 
     National Flood Insurance Program for--
       (A) any property that is not the primary residence of the 
     individual;
       (B) any business property; or
       (C) any real property purchased by the individual after the 
     date of enactment of this Act.
       (5) Administration.--
       (A) In general.--The Administrator may take all necessary 
     and appropriate action to carry out the program, including 
     entering into agreements with other Federal agencies, 
     agencies or instrumentalities of State, local, or special-
     purpose local governments, or private or nonprofit 
     organizations to carry out the program.
       (B) Requests for information.--Notwithstanding any other 
     provision of law, the Administrator may request information 
     from the Secretary of the Treasury, the Social Security 
     Administration, or a State agency in order to verify 
     information relating to the income of--
       (i) an individual seeking to participate in the program; 
     and
       (ii) the household of an individual seeking to participate 
     in the program.
       (6) Funding.--
       (A) Source of funding.--Notwithstanding section 1310 of the 
     National Flood Insurance Act of 1968 (42 U.S.C. 4017), the 
     Administrator may use amounts of the National Flood Insurance 
     Fund not otherwise obligated to carry out the program.

[[Page S4685]]

       (B) Total amount of funding.--The total amount of the 
     vouchers and subsidies provided under the program for a 
     fiscal year may not exceed $10,000,000.
       (C) Offsets.--Notwithstanding any other provision of this 
     title or the amendments made by this title, the Administrator 
     may not increase risk premium rates for flood insurance 
     coverage under the National Flood Insurance Program to offset 
     amounts expended by the Administrator to carry out the 
     program.
       (7) Report.--Not later than 3 years after the date on which 
     the Administrator establishes the program, the Comptroller 
     General shall submit to the Committee on Banking, Housing, 
     and Urban Affairs of the Senate and the Committee on 
     Financial Services of the House of Representatives a report 
     that evaluates the performance and outcomes of the program.
       (8) Sunset.--On and after September 30, 2017, the 
     Administrator may not provide a voucher or subsidy to any 
     individual under the program.
                                 ______
                                 
  SA 2487. Mrs. FEINSTEIN submitted an amendment intended to be 
proposed by her to the bill S. 1940, 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:

       After section 141, insert the following:

     SEC. 142. IMPACTS OF FLOODPLAIN MANAGEMENT REQUIREMENTS IN 
                   AGRICULTURAL AREAS AND RURAL COMMUNITIES.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Federal Emergency Management Agency.
       (2) Agricultural area.--The term ``agricultural area'' 
     means an area in which substantially all of the land use is 
     agricultural.
       (3) Program.--The term ``program'' means the national flood 
     insurance program established under chapter 1 of the National 
     Flood Insurance Act of 1968 (42 U.S.C. 4011 et seq.).
       (4) Rural community.--The term ``rural community'' means a 
     community located in an area in which a substantial portion 
     of the economy, currently is and historically was, based on 
     agricultural production.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (6) Task force.--The term ``task force'' means the task 
     force established under subsection (b).
       (b) Establishment.--The Administrator and the Secretary 
     shall jointly establish a task force that shall conduct a 
     study to analyze the challenges faced by agricultural areas 
     and rural communities designated as areas having special 
     flood hazards for purposes of the program.
       (c) Membership.--The task force shall consist of 13 
     members, of whom--
       (1) 2 shall be the Administrator and the Secretary, or 
     designees; and
       (2) 11 shall be appointed jointly by the Administrator and 
     the Secretary from individuals who are 1 of the following:
       (A) A member or representative of--
       (i) a farm or agricultural organization;
       (ii) the insurance, banking, or financial industry; or
       (iii) a floodplain management or flood control 
     organization.
       (B) A landowner or farmer.
       (C) An elected official representing an agricultural area 
     or rural community.
       (d) Report.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the task force shall submit to the 
     Committees on Financial Services and Agriculture of the House 
     of Representatives and the Committees on Banking, Housing, 
     and Urban Affairs and Agriculture, Nutrition, and Forestry of 
     the Senate a report regarding the study conducted under 
     subsection (b).
       (2) Requirements.--The report shall include any recommended 
     changes to the program to strengthen the economic viability 
     and vitality of agricultural areas and rural communities, 
     including an analysis of and recommendations regarding--
       (A) the impacts of program building restrictions on the 
     agricultural economy;
       (B) legislative changes to the National Flood Insurance Act 
     of 1968 (42 U.S.C. 4011 et seq.) (including regulations), 
     that might mitigate the impacts identified;
       (C) the feasibility, advantages, and disadvantages of the 
     establishment of a new program flood zone for agricultural 
     areas and rural communities;
       (D) options for lower-cost flood insurance under the 
     program in agricultural areas and rural communities and the 
     financial implications to the program if such insurance were 
     offered; and
       (E) impacts, if any, of the program on the total acreage of 
     land used for agricultural purposes.

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