COMMITTEE ON RULES - H. Res. 1517: H.R. 5114 - Flood Insurance Reform Priorities Act of 2010

COMMITTEE ACTION: REPORTED BY A VOICE VOTE on Wednesday, July 14, 2010.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 239-182 on Thursday, July 15, 2010

MANAGERS: Matsui/Diaz-Balart

111th Congress
2nd Session

H.RES 1517

[Report No. 111-537]

H.R. 5114 - Flood Insurance Reform Priorities Act of 2010

1. Structured rule.

2. Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Financial Services.

3. Waives all points of order against consideration of the bill except those arising under clause 9 or 10 of rule XXI.

4. Provides that the amendment in the nature of a substitute recommended by the Committee on Financial Services shall be considered as an original bill for the purpose of amendment and shall be considered as read.

5. Waives all points of order against the amendment in the nature of a substitute except those arising under clause 10 of rule XXI. This waiver does not affect the point of order available under clause 9 of rule XXI (regarding earmark disclosure).

6. No amendments shall be in order except those amendments printed in the Rules Committee report accompanying the resolution. Provides that the amendments made in order may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 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 division of the question.

7. Waives all points of order against the amendments printed in the report except those arising under clause 9 or 10 of rule XXI.

8. Provides one motion to recommit with or without instructions.

9. Provides that the Chair may entertain a motion that the Committee rise only if offered by the chair of the Committee on Financial Services or a designee.

10. Provides that the Chair may not entertain a motion to strike out the enacting words of the bill.

RESOLUTION

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 5114) to extend the authorization for the national flood insurance program, to identify priorities essential to reform and ongoing stable functioning of the program, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Financial Services. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Financial Services now printed in the bill. The committee amendment in the nature of a substitute shall be considered as read. All points of order against the committee amendment in the nature of a substitute are waived except those arising under clause 10 of rule XXI. Notwithstanding clause 11 of rule XVIII, no amendment to the committee amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the 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 division of the question. All points of order against such amendments are waived except those arising under clause 9 or 10 of rule XXI. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Sec. 2. The Chair may entertain a motion that the Committee rise only if offered by the chair of the Committee on Financial Services or his designee. The Chair may not entertain a motion to strike out the enacting words of the bill (as described in clause 9 of rule XVIII).

SUMMARY OF AMENDMENTS PROPOSED TO BE MADE IN ORDER (summaries derived from information provided by sponsors)

Sponsor	#	Description	Debate Time
1. Waters (CA)	#55	(REVISED) Would (1) Phase out subsidized premiums for severe repetitive loss properties, substantially damaged or improved properties and policy holders who voluntarily allow flood coverage to lapse. (2) Clarify application of actuarial rate phase-in for pre-FIRM properties sold after enactment. (3) Provide preferred rate premium for properties participating in NFIP during newly established, 5-year delay in mandatory flood insurance purchase requirement. (4) Expand availability of installment premium payment program to all policyholders. (5) Clarify that the FEMA Director may work directly with property owners to make mitigation grants for certain repetitive loss properties where States or communities are either unable or unwilling to address repetitive loss issues with a property owner. (6) Allow commercial properties with swimming pools located below the base flood level to enclose those pools with breakaway walls outside of hurricane season. (7) Require FEMA to review mapping of surrounding properties following successful appeal of hazard designation in newly mapped areas. (8) Clarify ability of FEMA Administrator to use demolition and rebuilding as mitigation techniques. (9) Require study of the impact of working waterfronts on storm and flood risk. (10) Establish relevant flood insurance related studies. (11) Conform rule writing and implementation of various provisions of bill. (12) Include other technical improvements.	(20 minutes)
2. Putnam (FL)	#53	Would require the FEMA to annually submit a report (no later than December 31 of each calendar year) to Congress on the effectiveness of grants awarded to local government agencies, the activities conducted and the effect of such activities on the retention or acquisition of flood insurance coverage.	(10 minutes)
3. Driehaus (OH), Welch (VT), Hinchey (NY)	#41	(REVISED) Would provide that if the owner of any property located in an area described in section 102(i)(1) of the Flood Disaster Protection Act of 1973 obtains a letter of map amendment during the 5-year period for such area referred to in such section, FEMA shall reimburse such owner, or such entity or jurisdiction acting on such owner’s behalf, for any costs incurred in obtaining such letter.	(10 minutes)
4. Flake, Jeff (AZ)	#4	Would prohibit funds made available for grants from being used for earmarks.	(10 minutes)
5. Taylor (MS)	#7	Would prohibit the Write Your Own insurance companies that contract with NFIP from excluding coverage of wind damage under their own policies solely because flooding also caused damage to the property. It would establish requirements for adjustment by WYO insurers when there are claims on the same property, from the same event, for flood damage covered by NFIP and for wind damage covered by the WYO insurer.	(10 minutes)
6. Miller, Candice (MI)	#15	(REVISED) Would require that the Government Accountability Office conduct a study on ways the private insurance market can contribute to insuring against flood damage; the impact on the National Flood Insurance Program if communities were to opt out; and the feasibility of regionalizing the National Flood Insurance Program so there is no cross-subsidization between regions.	(10 minutes)
7. Boswell (IA)	#16	Would ensure occupants have relevant information on appropriate evacuation routes, and ensure the outreach program under the bill includes relevant information on where to obtain coverage.	(10 minutes)
8. Hill (IN)	#49	Would include “identifying ways to assist communities in efforts to fund the accreditation of flood protection systems” as a function of the Office of the Flood Insurance Advocate.	(10 minutes)
9. Loebsack (IA)	#60	Would require FEMA to notify a local television and radio station of proposed flood elevation determinations in addition to the current requirement of publication in a prominent local newspaper. Would also require FEMA to make such notifications for communities that have not yet been issued a Letter of Final Determination through the flood insurance map modernization process at the time of enactment.	(10 minutes)
10. McMahon (NY)	#6	Would (1) permit federal grants to educate local real estate agents in communities participating in the NFIP regarding the program and the availability of coverage under the program for owners and renters of properties and (2) establish coordination and liaisons with such agents to facilitate purchase of coverage and increase awareness of flood risk reduction.	(10 minutes)
11. Murphy, Scott (NY)	#11	(REVISED) Would require all funds authorized under the Act to be expended in a manner consistent with the manual on Standards of Ethical Conduct for Employees of the Executive Branch.	(10 minutes)