[House Report 109-530]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-530

======================================================================



 
 PROVIDING FOR CONSIDERATION OF H.R. 4973, FLOOD INSURANCE REFORM AND 
                       MODERNIZATION ACT OF 2006

                                _______
                                

   June 26, 2006.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mr. Sessions, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 891]

    The Committee on Rules, having had under consideration 
House Resolution 891, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 4973, 
Flood Insurance Reform and Modernization Act of 2006, under a 
structured rule. The rule provides one hour of general debate 
equally divided and controlled by the chairman and ranking 
minority member of the Committee on Financial Services. The 
rule waives all points of order against consideration of the 
bill.
    The rule makes in order only those amendments printed in 
this report. The rule provides that the amendments printed in 
this report may be offered only in the order printed in this 
report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this report equally divided and controlled by 
the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for a division 
of the question in the House or in the Committee of the Whole. 
The rule waives all points of order against the amendments 
printed in this report.
    Finally, the rule provides one motion to recommit with or 
without instructions.

                         EXPLANATION OF WAIVERS

    The Committee is not aware of any points of order against 
consideration of the bill. The waiver of all points of order 
against consideration of the bill is prophylactic in nature.

                            COMMITTEE VOTES

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee Record Vote No. 228

    Date: June 26, 2006.
    Measure: H.R. 4973, Flood Insurance Reform and 
Modernization Act of 2006.
    Motion by: Mrs. Matsui.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Mrs. Matsui, 
which proposes a grant program that would serve to educate 
property owners of their risk to flood in a way that would 
increase participation and retention in the NFIP, while 
benefiting the NFIP's bottom line. Creates a competitive grant 
program for local floodplain managers to partner with the 
Federal government to conduct outreach and educate homeowners 
in high risk flood areas that have been released from the 
Federal flood insurance requirement. These grants could also be 
used to inform renters and small business owners of the content 
coverage available under NFIP, further increasing awareness 
participation in the NFIP.
    Results: Defeated 4 to 7.
    Vote by Members: Diaz-Balart--Nay; Hastings (WA)--Nay; 
Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Slaughter--
Yea; McGovern--Yea; Hastings (FL)--Yea; Matsui--Yea; Dreier--
Nay.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    1. Oxley (OH)/Baker (LA)--10 minutes: Manager's Amendment. 
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
    2. Burton (IN)/Stark (CA)--10 minutes: 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.
    3. Garrett (NJ)--10 minutes: 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.
    4. Taylor, Gene (MS)--10 minutes: 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 six months after enactment.
    5. Jackson-Lee (TX)--10 minutes: 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.
    6. Pickering (MS)--10 minutes: 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.
    7. Matsui (CA)--10 minutes: 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. This language would not impose any additional 
financial mandates on the NFIP. It would just make sure the 
program has the best information possible, while emphasizing 
the importance of this emerging technology.
    8. Johnson, Eddie Bernice (TX)--10 minutes: Creates a 
program to educate the communities about the update to the 
flood insurance program rate map.
    9. Matsui (CA)/Hinojosa (TX)/Green, Gene (TX)--10 minutes: 
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.
    10. Ruppersberger (MD)--10 minutes: 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.''
    11. Jindal (LA)--10 minutes: 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.
    12. Davis, Jo Ann (VA)--10 minutes: 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). Improves the 
oversight and accountability of the National Flood Insurance 
Program (NFIP).
    13. Davis, Jo Ann (VA)--10 minutes: 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 make 
this change retroactive to September 18, 2003.
    14. Rohrabacher (CA)--10 minutes: Provides 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.
    15. Pearce (NM)--10 minutes: Immediately ends all flood 
insurance subsidies on nonresidential, vacation and second 
homes.
    16. Miller, Candice (MI)--10 minutes: Instructs the 
director of the National Flood Insurance Program, upon the 
completion of the IJC Study 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. Also prohibits flood evaluations in the upper 
Great Lakes to be increased until the aforementioned is 
completed.

                    TEXT OF AMENDMENTS MADE IN ORDER

 1. An Amendment To Be Offered by Representative Oxley of Ohio, or His 
                   Designee, Debatable for 10 Minutes

  Page 9, strike lines 9 and 10 and insert ``the submission to 
the Congress, by the Director of the Federal Emergency 
Management Agency, of the report required under''.
  Page 9, line 17, strike ``date of the enactment of this Act'' 
and insert ``effective date under paragraph (1) of this 
subsection''.
  Page 10, line 10, strike ``date of the enactment of this 
Act'' and insert ``effective date under paragraph (1) of this 
subsection''.
  Page 10, line 18, after ``Section 1306(c)(1)'' insert ``of 
the National Flood Insurance Act of 1968 (42 U.S.C. 
4013(c)(1))''.
  Page 11, line 2, after ``$1,000,000'' (and before the close 
quotation marks) insert the following: ``; except that such 
limitation shall not apply to a regulated lending institution 
or enterprise for a calendar year if, in any three (or more) of 
the five calendar years immediately preceding such calendar 
year, the total amount of penalties assessed under this 
subsection against such lending institution or enterprise was 
$1,000,000''.
  Strike line 20 on page 15 and all that follows through line 8 
on page 16 and insert the following:
  ``(a) Requirement to Participate.--In the case of the 
occurrence of a natural catastrophe that may have resulted in 
flood damage covered by insurance made available under the 
National Flood Insurance Program and a loss covered by personal 
lines residential property insurance policy, upon request made 
by the insurance commissioner of a State (or such other 
official responsible for regulating the business of insurance 
in the State) for the participation of representatives of the 
Director in a program sponsored by such State for nonbinding 
mediation of insurance claims resulting from a natural 
catastrophe, the Director shall cause such representatives to 
participate in such State program, when claims under the 
national flood insurance program are involved, to expedite 
settlement of flood damage claims resulting from such 
catastrophe.''.
  Page 17 lines 4 through 6, strike ``Adjusters representing 
the national flood insurance program who participate pursuant 
to subsection (b)(1)'' and insert ``Representatives of the 
Director who participate pursuant to this section''.
  Page 17, line 12, strike the quotation marks and the last 
period.
  Page 17, after line 12 insert the following:
  ``(d) Mediation Proceedings and Privileged Documents.--As a 
condition of the participation of representatives of the 
Director pursuant to this section in State-sponsored mediation, 
all statements made and documents produced pursuant to such 
mediation involving representatives of the Director shall be 
deemed privileged and confidential settlement negotiations made 
in anticipation of litigation.
  ``(e) Effect of Participation on Liability, Right, and 
Obligations.--Participation of representatives of the Director 
pursuant to this section in State-sponsored mediation shall not 
affect or expand the liability of any party in contract or in 
tort, nor shall it affect the rights or obligations of the 
parties as provided in the Standard Flood Insurance Policy 
under the national flood insurance program, regulations of the 
Federal Emergency Management Agency, this Act, or Federal 
common law.
  ``(f) Exclusive Federal Jurisdiction.--Participation of 
representatives of the Director pursuant to this section in 
State-sponsored mediation shall not alter, change or modify the 
original exclusive jurisdiction of United States courts as 
provided in this Act.
  ``(g) Cost Limitation.--Nothing in this section shall be 
construed to require the Director or representatives of the 
Director to pay additional mediation fees relating to flood 
claims associated with a State-sponsored mediation program in 
which representatives of the Director participate.
  ``(h) Exception.--In the case of the occurrence of a natural 
catastrophe that results in flood damage claims under the 
national flood insurance program and does not result in any 
loss covered by a personal lines residential property insurance 
policy--
          ``(1) this section shall not apply; and
          ``(2) the provisions of the Standard Flood Insurance 
        Policy under the national flood insurance program and 
        the appeals process established pursuant to section 205 
        of the Bunning-Bereuter-Blumenauer Flood Insurance 
        Reform Act of 2004 (Public Law 108-264; 118 Stat. 726) 
        and regulations issued pursuant to such section shall 
        apply exclusively.
  ``(i) Representatives of Director.--For purposes of this 
section, the term `representatives of the Director' means 
representatives of the national flood insurance program who 
participate in the appeals process established pursuant to 
section 205 of the Bunning-Bereuter-Blumenauer Flood Insurance 
Reform Act of 2004 (Public Law 108-264; 118 Stat. 726) and 
regulations issued pursuant to such section.''.
  Page 15, line 5, strike ``$18,500,000,000'' and insert 
``$20,775,000,000''.
  Page 24, line 22, before ``Review'' insert ``One-Time''.
  Strike line 24 on page 24 and all that follows through line 2 
on page 25 and insert the following:
          (2) Required revision.--The Director of the
  Page 25, line 8, after the period insert the following: ``The 
revisions and updating under this paragraph shall not be 
subject to the requirements of section 1360(k) of the National 
Flood Insurance Act of 1968 (as added by subsection (a) of this 
section).''.
  Strike line 8 on page 28 and all that follows through line 2 
on page 29 and insert the following:
  (d) Post-Disaster Flood Elevation Determinations.--Section 
1361 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4101), as amended by the preceding provisions of this Act, is 
further amended by adding at the end the following new 
subsection:
  ``(l) Interim Post-Disaster Flood Elevations.--
          ``(1) Authority.--Notwithstanding any other provision 
        of this section or section 1363, the Director may, 
        after any flood-related disaster, establish by order 
        interim flood elevation requirements for purposes of 
        the national flood insurance program for any areas 
        affected by such flood-related disaster.
          ``(2) Effectiveness.--Such interim elevation 
        requirements for such an area shall take effect 
        immediately upon issuance and may remain in effect 
        until the Director establishes new flood elevations for 
        such area in accordance with section 1363 or the 
        Director provides otherwise.''.
                              ----------                              


 2. An Amendment To Be Offered by Representative Burton of Indiana, or 
                 His Designee, Debatable for 10 Minutes

  Page 29, after line 2, insert the following new section:

SEC. 17. NOTIFICATION AND APPEAL OF MAP CHANGES; NOTIFICATION OF 
                    ESTABLISHMENT OF FLOOD ELEVATIONS.

  Section 1363 of the National Flood Insurance Act of 1968 (42 
U.S.C. 4104) is amended by striking the section designation and 
all that follows through the end of subsection (a) and 
inserting the following:
  ``Sec. 1363. (a) In establishing projected flood elevations 
for land use purposes with respect to any community pursuant to 
section 1361, the Director shall first propose such 
determinations--
          ``(1) by providing the chief executive officer of 
        each community affected by the proposed elevations, by 
        certified mail, with a return receipt requested, notice 
        of the elevations, including a copy of the maps for the 
        elevations for such community and a statement 
        explaining the process under this section to appeal for 
        changes in such elevations;
          ``(2) by causing notice of such elevations to be 
        published in the Federal Register, which notice shall 
        include information sufficient to identify the 
        elevation determinations and the communities affected, 
        information explaining how to obtain copies of the 
        elevations, and a statement explaining the process 
        under this section to appeal for changes in the 
        elevations;
          ``(3) by publishing the elevations in a prominent 
        local newspaper; and
          ``(4) by providing written notification, by first 
        class mail, to each owner of real property affected by 
        the proposed elevations of--
                  ``(A) the status of such property, both prior 
                to and after the effective date of the proposed 
                determination, with respect to flood zone and 
                flood insurance requirements under this Act and 
                the Flood Disaster Protection Act of 1973;
                  ``(B) the process under this section to 
                appeal a flood elevation determination; and
                  ``(C) the mailing address and phone number of 
                a person the owner may contact for more 
                information or to initiate an appeal.''.
                              ----------                              


3. An Amendment To Be Offered by Representative Barrett of New Jersey, 
               or His Designee, Debatable for 10 Minutes

  Page 8, line 4, after ``PROPERTIES'' insert ``, CERTAIN PRE-
FIRM PROPERTIES,''.
  Page 8, line 17, strike the quotation marks and the second 
period.
  Page 8, after line 17, insert the following new paragraph:
          ``(4) Recently purchased pre-firm properties.--Any 
        property that--
                  ``(A) has been constructed or substantially 
                improved and for which such construction or 
                improvement was started, as determined by the 
                Director, before December 31, 1974, or before 
                the effective date of the initial rate map 
                published by the Director under paragraph (2) 
                of section 1360 for the area in which such 
                property is located, whichever is later; and
                  ``(B) is purchased after the date of the 
                enactment of the Flood Insurance Reform and 
                Modernization Act of 2006.''.
  Page 9, line 14, strike ``or (3)'' and insert ``, (3), or 
(4)''.
  Page 10, line 12, strike ``and (3)'' and insert ``, (3), and 
(4)''.
                              ----------                              


4. An Amendment To Be Offered by Representative Taylor of Mississippi, 
               or His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following new section:

SEC. 20. INVESTIGATION OF WRITE-YOUR-OWN INSURERS' ADJUSTMENT OF CLAIMS 
                    RELATING TO HURRICANE KATRINA.

  (a) Investigation.--The Inspector General of the Department 
of Homeland Security shall carry out an investigation of 
insurers making flood insurance coverage available under the 
Write-Your-Own program pursuant to section 1345 of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4081) and subpart C of 
part 62 of title 44, Code of Federal Regulations to determine--
          (1) whether any such insurers, in adjusting and 
        settling claims resulting from Hurricane Katrina, 
        improperly attributed damages from such hurricane to 
        flooding covered under coverage provided under the 
        national flood insurance program rather than to 
        windstorms covered by other coverage provided by such 
        insurers or by windstorm insurance pools in which such 
        insurers participated; and
          (2) the extent to which such improper attribution of 
        damages occurred.
  (b) Report.--Not later than the expiration of the 6-month 
period that begins upon the date of the enactment of this Act, 
the Inspector General of the Department of Homeland Security 
shall submit to the Congress a report setting forth the 
conclusions of the investigation pursuant to subsection (a).
                              ----------                              


 5. An Amendment To Be Offered by Representative Jackson-Lee of Texas, 
               or Her Designee, Debatable for 10 Minutes

  Page 5, line 24, strike ``and''.
  Page 6, line 4, strike the period and insert ``; and''.
  Page 6, after line 4, insert the following:
                  (E) the extent to which eligibility standards 
                for pre-FIRM properties were inconsistent and 
                resulted in disparities in coverage among such 
                properties.
                              ----------                              


     6. An Amendment To Be Offered by Representative Pickering of 
         Mississippi, or His Designee, Debatable for 10 Minutes

  Page 10, line 16, strike ``REDUCTION OF''.
  Page 10, line 18, before ``Section'' insert ``(a) 
Reduction.--''.
  Page 10, after line 18, insert the following new subsection:
  (b) Exception.--Section 1306(c)(2)(A) of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4013(c)(2)(A)) is amended by 
inserting before the semicolon the following: ``or is in 
connection with the purchase or other transfer of the property 
for which the coverage is provided (regardless of whether a 
loan is involved in the purchase or transfer transaction)''.
                              ----------                              


 7. An Amendment To Be Offered by Representative Matsui of California, 
               or Her Designee, Debatable for 10 Minutes

  Page 23, line 13, strike ``and''.
  Page 23, line 19, strike the final period and insert ``; 
and''.
  Page 23, after line 19 insert the following:
                  ``(C) ensure that emerging weather 
                forecasting technology is used, where 
                practicable, in flood map evaluations and the 
                identification of potential risk areas.''.
                              ----------                              


 8. An Amendment To Be Offered by Representative Eddie Bernice Johnson 
          of Texas, or Her Designee, Debatable for 10 Minutes

  Page 24, after line 6 insert the following new paragraph:
          ``(5) Education program.--The Director shall, after 
        each update to a flood insurance program rate map, in 
        consultation with the chief executive officer of each 
        community affected by the update, conduct a program to 
        educate each such community about the update to the 
        flood insurance program rate map and the effects of the 
        update.''.
  Page 24, line 7, redesignate paragraph (5) as paragraph (6).
  Page 24, line 18, redesignate paragraph (6) as paragraph (7).
                              ----------                              


 9. An Amendment To Be Offered by Representative Matsui of California, 
               or Her Designee, Debatable for 10 Minutes

  Page 29, after line 2, insert the following new subsection:
  (e) GAO Study of Low-Income Discount.--
          (1) In general.--The Comptroller General of the 
        United States shall conduct a study of potential 
        methods, practices, and incentives that would increase 
        the extent to which low-income families (as such term 
        is defined in section 3(b) of the United States Housing 
        Act of 1937 (42 U.S.C. 1437a(b))) that own residential 
        properties located within areas having special flood 
        hazards purchase flood insurance coverage under the 
        national flood insurance program. In conducting the 
        study the Comptroller General shall analyze--
                  (A) the feasibility and effectiveness of 
                providing such coverage to low-income families 
                at rates that are discounted from the rates at 
                which such coverage is otherwise provided, the 
                amounts by which such rates should be 
                discounted to ensure that coverage is 
                affordable to such families and to encourage 
                purchase of coverage by such families, and the 
                effects of such discounts on the national flood 
                insurance program; and
                  (B) the extent to which residential 
                properties occupied by low-income families 
                would be affected by expanding the mandatory 
                purchase requirements of the national flood 
                insurance program to the areas included in the 
                national flood insurance program rate maps 
                pursuant to section 1360(k) of the National 
                Flood Insurance Act of 1968 (42 U.S.C. 
                4101(k)), as amended by subsection (a) of this 
                section.
          (2) Report.--The Comptroller General shall submit to 
        the Congress a report setting forth the conclusions of 
        the study under this subsection not later than 12 
        months after the date of the enactment of this Act.
                              ----------                              


   10. An Amendment To Be Offered by Representative Ruppersberger of 
          Maryland, or His Designee, Debatable for 10 Minutes

  Page 29, line 16, insert before ``issue regulations'' the 
following: ``in plain language using easy to understand terms 
and concepts,''.
  Page 29, line 20, insert before ``revise any'' the following: 
``in plain language using easy to understand terms and 
concepts,''.
  Page 30, line 2, strike ``and''.
  Page 30, line 11, strike the final period and insert ``; 
and''.
  Page 30, after line 11, insert the following new paragraph:
          (4) include in each standard flood insurance policy a 
        one-page description of the policy using plain language 
        and easy to understand terms and concepts.
                              ----------                              


 11. An Amendment To Be Offered by Representative Jindal of Louisiana, 
               or His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following new section (and 
conform the table of contents accordingly):

SEC. 20. ELIGIBILITY OF PROPERTY DEMOLITION AND REBUILDING FOR 
                    MITIGATION ASSISTANCE PROGRAM.

  Section 1366(e)(5)(B) of the National Flood Insurance Act of 
1968 (42 U.S.C. 4104c(e)(5)(B)) is amended by inserting after 
``flood risk'' the following: ``, or the demolition and 
rebuilding of structures located in such areas to at least Base 
Flood Elevation or any greater elevation required by any local 
ordinance''.
                              ----------                              


   12. An Amendment To Be Offered by Representative Jo Ann Davis of 
          Virginia, or Her Designee, Debatable for 10 Minutes

  At the end of the bill, add the following new section:

SECTION 20. SAMPLING METHODS FOR QUALITY ASSURANCE.

  Section 1345 of the National Flood Insurance Act of 1968 (42 
U.S.C. 4081) is amended by adding at the end the following new 
subsection:
  ``(d) Sampling Methods for Quality Assurance.--In selecting 
the cases and claims for operational reviews and claims re-
inspections regarding the national flood insurance program 
under this title, the Director shall use a statistically valid 
probability sample whose results can be generalized to the 
entire population of reviews and claims from which the sample 
is drawn and whose sampling error can be quantified.''.
                              ----------                              


   13. An Amendment To Be Offered by Representative Jo Ann Davis of 
          Virginia, or Her Designee, Debatable for 10 Minutes

  At the end of the bill, add the following new section:

SEC. 20. EXTENSION OF DEADLINE FOR FILING PROOF OF LOSS.

  (a) In General.--Section 1312 of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4019) is amended--
          (1) by inserting ``(a) Payment.--'' before ``The 
        Director''; and
          (2) by adding at the end the following new 
        subsection:
  ``(b) Filing Deadline for Proof of Loss.--
          ``(1) In general.--In establishing any requirements 
        regarding notification, proof, or approval of claims 
        for damage to or loss of property which is covered by 
        flood insurance made available under this title, the 
        Director may not require an insured to notify the 
        Director of such damage or loss, submit a claim for 
        such damage or loss, or certify to or submit proof of 
        such damage or loss, before the expiration of the 180-
        day period that begins on the date that such damage or 
        loss occurred.
          ``(2) Exceptions.--Notwithstanding any deadline 
        established in accordance with paragraph (1), the 
        Director may not deny a claim for damage or loss 
        described in such paragraph solely for failure to meet 
        such deadline if the insured demonstrates any good 
        cause for such failure.''.
  (b) Applicability.--Subsection (b) of section 1312 of the 
National Flood Insurance Act of 1968, as added by subsection 
(a)(2) of this section, shall apply with respect to any claim 
under which the damage to or loss of property occurred on or 
after September 18, 2003.
                              ----------                              


    14. An Amendment To Be Offered by Representative Rohrabacher of 
         California, or His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following new section:

SEC. 20. RATES FOR PROPERTY AFFECTED BY FEDERALLY FUNDED FLOOD CONTROL 
                    PROJECTS.

  Section 1308 of the National Flood Insurance Act of 1968 (42 
U.S.C. 4015) is amended by adding at the end the following new 
subsection:
  ``(g) Effect of Flood Control Projects.--Notwithstanding any 
other provision of law, in any case where a flood control 
project constructed with Federal assistance causes a property 
to become at greater risk for a flood than before the 
construction of the project, the chargeable rate for the 
property shall be--
          ``(1) the rate that the Director would have 
        prescribed under subsection (a) if the flood control 
        project had not been constructed; or
          ``(2) in the case of property that would not have 
        been considered part of a flood-risk zone prior to 
        construction of the flood control project, zero 
        dollars.''.
                              ----------                              


15. An Amendment To Be Offered by Representative Pearce of New Mexico, 
               or His Designee, Debatable for 10 Minutes

  Page 9, line 6, strike ``and Transition.--'' and all that 
follows through ``Effective date''.
  Page 9, strike line 13 and all that follows through page 10, 
line 15.
                              ----------                              


15. An Amendment To Be Offered by Representative Miller of Michigan, or 
                 Her Designee, Debatable for 10 Minutes

  Page 24, after line 6, insert the following:
          ``(5) Great lakes flood level study.--
                  ``(A) In general.--Not later than 90 days 
                after the completion by the International Joint 
                Commission of The Upper Great Lakes Study, the 
                Director shall request the Corps of Engineers 
                to complete a new inundation map for areas 
                surrounding the upper Great Lakes and their 
                interconnecting channels to assist the Director 
                in the development of maps identifying 100- and 
                500-year flood inundation areas for those 
                areas.
                  ``(B) Requirements.--The Director shall 
                request the Corps of Engineers, in completing 
                new inundation map under subparagraph (A), to--
                          ``(i) utilize data and findings from 
                        The Upper Great Lakes Study by the 
                        International Joint Commission, 
                        including any changes to the 
                        International Joint Commission's Order 
                        of Approval at St. Mary's River; and
                          ``(ii) accurately show the flood 
                        inundation of each property by flood 
                        risk in the floodplain.
                  ``(C) Validity of study.--The Director shall 
                take such actions as may be necessary to ensure 
                that the maps completed pursuant to the request 
                under subparagraph (A) are valid and 
                appropriate for use for purposes of the 
                national flood insurance program.
                  ``(D) Completion of study.--In making the 
                request under subparagraph (A), the Director 
                shall request that the Corps of Engineers 
                complete the new inundation map not later than 
                18 months after the date of the completion of 
                The Upper Great Lakes Study by the 
                International Joint Commission.
                  ``(E) Limitation of elevation increases.--The 
                Director shall not increase the base flood 
                elevation in any community surrounding the 
                upper Great Lakes and their interconnecting 
                channels until the Corps of Engineers completes 
                the new inundation map pursuant to the request 
                under subparagraph (A).
                  ``(F) Definitions.--For purposes of this 
                paragraph, the following definitions shall 
                apply:
                          ``(i) The term `upper Great Lakes' 
                        means Lake Superior, Lake Michigan, 
                        Lake Huron, and Lake Erie.
                          ``(ii) The term `interconnecting 
                        channels' means the St. Mary's River, 
                        St. Clair River, Lake St. Clair, the 
                        Detroit River, and the Niagara River up 
                        to Niagara Falls.''.
  Page 24, line 7, strike ``(5)'' and insert ``(6)''.
  Page 24, line 18, strike ``(6)'' and insert ``(7)''.

                                  
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