[Congressional Record (Bound Edition), Volume 150 (2004), Part 9]
[Senate]
[Pages 12155-12156]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3450. Mr. WARNER submitted an amendment intended to be proposed to 
amendment SA 3352 proposed by Mr. Reed (for himself, Mr. Hagel, Mr. 
McCain, Mr. Corzine, Mr. Akaka, and Mr. Biden) to the bill S. 2400, to 
authorize appropriations for fiscal year 2005 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Services, and for other 
purposes; as follows:

       Strike line 2 and insert the following:
     ``502,400, subject to the condition that the costs of active 
     duty personnel of the Army in excess of 482,400 shall be paid 
     out of funds authorized to be appropriated for fiscal year 
     2005 for a contingent emergency reserve fund or as an 
     emergency supplemental appropriation''.
                                 ______
                                 
  SA 3451. Mr. WARNER (for Mr. Shelby) proposed an amendment to the 
bill S. 2238, to amend the National Flood Insurance Act of 1968 to 
reduce losses to the properties for which repetitive flood insurance 
claim payments have been made; as follows:

       On page 2, line 3, strike ``Flood Insurance Reform Act of 
     2004'' and insert ``Bunning-Bereuter-Blumenauer Flood 
     Insurance Reform Act of 2004''.

[[Page 12156]]

       On page 7, line 6, insert ``that decide to participate in 
     the pilot program established under this section'' after 
     ``communities''.
       On page 7, line 20, strike ``3'' and insert ``4''.
       On page 7, line 24, strike ``$3,000'' and insert 
     ``$5,000''.
       On page 7, line 26, strike ``$15,000'' and insert 
     ``$20,000''.
       On page 8, line 19, strike ``1 foot above''.
       On page 8, line 22, strike ``(f)'' and insert ``(g)''.
       On page 8, line 25, strike ``1-year period'' and insert 
     ``fiscal year''.
       On page 10, between lines 13 and 14, insert the following:
       ``(e) Notice of Mitigation Program.--
       ``(1) In general.--Upon selecting a State or community to 
     receive assistance under subsection (a) to carry out eligible 
     activities, the Director shall notify the owners of a severe 
     repetitive loss property, in plain language, within that 
     State or community--
       ``(A) that their property meets the definition of a severe 
     repetitive loss property under this section;
       ``(B) that they may receive an offer of assistance under 
     this section;
       ``(C) of the types of assistance potentially available 
     under this section;
       ``(D) of the implications of declining such offer of 
     assistance under this section; and
       ``(E) that there is a right to appeal under this section.
       ``(2) Identification of severe repetitive loss 
     properties.--The Director shall take such steps as are 
     necessary to identify severe repetitive loss properties, and 
     submit that information to the relevant States and 
     communities.
       On page 10, line 14, strike ``(e)'' and insert ``(f)''.
       On page 10, line 23, insert ``, in a manner consistent with 
     the allocation formula under paragraph (5)'' after ``time''.
       On page 11, between lines 3 and 4, insert the following:
       ``(3) Consultation.--In determining for which eligible 
     activities under subsection (c) to provide assistance with 
     respect to a severe repetitive loss property, the relevant 
     States and communities shall consult, to the extent 
     practicable, with the owner of the property.
       ``(4) Deference to local mitigation decisions.--The 
     Director shall not, by rule, regulation, or order, establish 
     a priority for funding eligible activities under this section 
     that gives preference to one type or category of eligible 
     activity over any other type or category of eligible 
     activity.
       ``(5) Allocation.--
       ``(A) In general.--Subject to subparagraphs (B) and (C), of 
     the total amount made available for assistance under this 
     section in any fiscal year, the Director shall allocate 
     assistance to a State, and the communities located within 
     that State, based upon the percentage of the total number of 
     severe repetitive loss properties located within that State.
       ``(B) Redistribution.--Any funds allocated to a State, and 
     the communities within the State, under subparagraph (A) that 
     have not been obligated by the end of each fiscal year shall 
     be redistributed by the Director to other States and 
     communities to carry out eligible activities in accordance 
     with this section.
       ``(C) Exception.--Of the total amount made available for 
     assistance under this section in any fiscal year, 10 percent 
     shall be made available to communities that--
       ``(i) contain one or more severe repetitive loss 
     properties; and
       ``(ii) are located in States that receive little or no 
     assistance, as determined by the Director, under the 
     allocation formula under subparagraph (A).
       On page 11, line 4, strike ``(3)'' and insert ``(6)''.
       On page 11, line 9, strike ``(f)'' and insert ``(g)''.
       On page 13, line 3, strike ``(g)'' and insert ``(h)''.
       On page 16, line 11, strike ``historic places'' and insert 
     ``Historic Places''.
       On page 16, after line 25, insert the following:
       ``(vi) The owner of the property, based on independent 
     information, such as contractor estimates or other 
     appraisals, demonstrates that an alternative eligible 
     activity under subsection (c) is at least as cost effective 
     as the initial offer of assistance.
       On page 17, line 22, strike ``that the grounds'' and insert 
     ``in favor of the property owner''.
       On page 17, line 24, strike ``make a determination of how 
     much to'' and insert ``require the Director to''.
       On page 18, lines 4 through 6, strike ``and the Director 
     shall promptly reduce the chargeable risk premium rate for 
     such property by such amount'' and insert ``to the amount 
     paid prior to the offer to take action under paragraph (1) or 
     (2) of subsection (c)''.
       On page 19, line 6, strike ``Flood'' and insert ``Bunning-
     Bereuter-Blumenauer Flood''.
       On page 19, line 16, strike ``(h)'' and insert ``(i)''.
       On page 20, between lines 2 and 3, insert the following:
       ``(j) Rules.--
       ``(1) In general.--The Director shall, by rule--
       ``(A) subject to subsection (f)(4), develop procedures for 
     the distribution of funds to States and communities to carry 
     out eligible activities under this section; and
       ``(B) ensure that the procedures developed under paragraph 
     (1)--
       ``(i) require the Director to notify States and communities 
     of the availability of funding under this section, and that 
     participation in the pilot program under this section is 
     optional;
       ``(ii) provide that the Director may assist States and 
     communities in identifying severe repetitive loss properties 
     within States or communities;
       ``(iii) allow each State and community to select properties 
     to be the subject of eligible activities, and the appropriate 
     eligible activity to be performed with respect to each severe 
     repetitive loss property; and
       ``(iv) require each State or community to submit a list of 
     severe repetitive loss properties to the Director that the 
     State or community would like to be the subject of eligible 
     activities under this section.
       ``(2) Consultation.--Not later than 90 days after the date 
     of enactment of this Act, the Director shall consult with 
     State and local officials in carrying out paragraph (1)(A), 
     and provide an opportunity for an oral presentation, on the 
     record, of data and arguments from such officials.
       On page 20, line 3, strike ``(i)'' and insert ``(k)''.
       On page 20, line 7, strike ``2004,''.
       On page 20, line 8, strike ``and 2008'' and insert ``2008, 
     and 2009''.
       On page 20, line 19, strike ``section 1361A'' and insert 
     ``this section''.
       On page 20, line 20, strike ``(j)'' and insert ``(l)''.
       On page 20, line 22, strike ``2008'' and insert ``2009''.
       On page 22, line 12, strike ``(m)'' and insert ``(l)''.
       On page 22, strike line 21 and all that follows through 
     page 23, line 3, and insert the following:
       (d) Funding.--Section 1367 of the National Flood Insurance 
     Act of 1968 (42 U.S.C. 4104d) is amended--
       (1) in subsection (b), by striking paragraph (1) and 
     inserting the following:
       ``(1) in each fiscal year, amounts from the National Flood 
     Insurance Fund not exceeding $40,000,000, to remain available 
     until expended;'';
       (2) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (3) by inserting after subsection (b) the following:
       ``(c) Administrative Expenses.--The Director may use not 
     more than 5 percent of amounts made available under 
     subsection (b) to cover salaries, expenses, and other 
     administrative costs incurred by the Director to make grants 
     and provide assistance under sections 1366 and 1323.''.

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