Congressional Record, Senate — August 5, 2021, S5981

Summary

This is S5981 of the Congressional Record, Senate, August 5, 2021, with interleaved columns of submitted amendments to H.R. 3684, the highway bill. The page includes SA 2613 by Mr. Van Hollen, Mr. Cardin, Mr. Kaine, Mr. Warner, Mr. Reed, Ms. Warren, and Ms. Hirono, intended to be proposed to amendment SA 2137. The printed text includes provisions on utility facility accommodation within a Federal-aid highway right-of-way, including broadband infrastructure, and a limitation on increases in covered costs under the National Flood Insurance Act of 1968 of 9 percent compared with the previous year.

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“Congressional Record, Senate — August 5, 2021, S5981.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-08-05-crec-2021-08-05-pt1-pgs5981-3-f6f2583c52/, SHA-256 a08964f543694388a251a0672ed4a8b202670ba6c90500b433324d0041c700d8.

Full text

August 5, 2021 CONGRESSIONAL RECORD — SENATE S5981
not connected with highway drainage, or any ways, highway safety programs, and (b) LIMITATION ON INCREASES.—
other similar commodity, including any fire transit programs, and for other pur- (1) LIMITATION.—
or police signal system or street lighting poses; which was ordered to lie on the (A) IN GENERAL.—During the 5-year period
system, that directly or indirectly serves the beginning on the date of enactment of this
table; as follows:
public. Act, notwithstanding section 1308(e) of the
‘‘(ii) INCLUSIONS.—The term ‘utility facil- On page 1612, between lines 15 and 16, insert National Flood Insurance Act of 1968 (42
ity’ includes— the following: U.S.C. 4015(e)), and subject to subparagraph
‘‘(I) a renewable energy generation facil- (H) Wind. (B), the Administrator may not, in any year,
ity; increase the amount of any covered cost by
SA 2613. Mr. VAN HOLLEN (for him-
‘‘(II) electrical transmission and distribu- an amount that is more than 9 percent, as
tion infrastructure; and
self, Mr. CARDIN, Mr. KAINE, Mr. WAR- compared with the amount of the covered
‘‘(III) broadband infrastructure and con- NER, Mr. REED, Ms. WARREN, and Ms. cost during the previous year, except where
duit. HIRONO) submitted an amendment in- the increase in the covered cost relates to an
‘‘(2) ACCOMMODATION.—In determining’’; tended to be proposed to amendment exception under paragraph (1)(C)(iii) of such
and SA 2137 proposed by Mr. SCHUMER (for section 1308(e).
(C) by adding at the end the following: Ms. SINEMA (for herself, Mr. PORTMAN, (B) DECREASE OF AMOUNT OF DEDUCTIBLE OR
‘‘(3) STATE APPROVAL.—A State, on behalf Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA- INCREASE IN AMOUNT OF COVERAGE.—In the
of the Secretary, may approve accommo- HEEN, Ms. COLLINS, Mr. TESTER, Ms. case of a policyholder described in section
dating a utility facility described in para- 1308(e)(1)(C)(ii) of the National Flood Insur-
graph (1)(D)(ii) within a right-of-way on a
MURKOWSKI, Mr. WARNER, and Mr. ROM- ance Act of 1968 (42 U.S.C. 4015(e)(1)(C)(ii)),
Federal-aid highway. NEY)) to the bill H.R. 3684, to authorize the Administrator shall establish a process
‘‘(4) LIMITATIONS.—Paragraph (3) shall not funds for Federal-aid highways, high- by which the Administrator determines an
apply to— way safety programs, and transit pro- increase in covered costs for the policyholder
‘‘(A) a utility facility on Indian land; or grams, and for other purposes; which that is—
‘‘(B) a utility facility on Federal land, was ordered to lie on the table; as fol- (i) proportional to the relative change in
other than for the purpose of deployment of lows: risk based on the action taken by the policy-
broadband infrastructure located within a On page 1152, strike lines 4 through 7 and holder; and
right-of-way available to a State. insert the following: (ii) in compliance with subparagraph (A).
‘‘(5) SAVINGS PROVISION.—Nothing in this ‘‘(A) IN GENERAL.—The Director may, with- (2) NEW RATING SYSTEMS.—
subsection alters or affects any prohibition out regard to any provision of title 5 gov- (A) CLASSIFICATION.—With respect to a
relating to commercial activity under sec- erning the appointment of employees in the property, the limitation under paragraph (1)
tion 111(a).’’; civil service— shall remain in effect for each year until the
(3) in subsection (o)— ‘‘(i) appoint a total of not more than 140 covered costs with respect to the property
On page 202, line 23, strike ‘‘(3)’’ and insert scientific and engineering personnel to posi- reflect full actuarial rates, without regard to
‘‘(4)’’. tions in ARPA–I, in order to facilitate the whether, at any time until the year in which
On page 203, strike line 17 and insert the recruitment of eminent experts to support those covered costs reflect full actuarial
following: the goals described in subsection (c); rates, the property is rated or classified
the project is located on a Federal-aid high- On page 1152, lines 11 and 12, strike ‘‘, with- under the Risk Rating 2.0 methodology (or
way. out regard to the civil service laws’’. any substantially similar methodology).
‘‘(t) VEGETATION MANAGEMENT.—States are (B) NEW POLICYHOLDER.—If a property to
encouraged to implement, or to enter into SA 2614. Mr. MENENDEZ (for him- which the limitation under paragraph (1) ap-
partnerships to implement, vegetation man- plies is sold before the covered costs for the
self, Mr. KENNEDY, Mrs. HYDE-SMITH, property reflect full actuarial rates deter-
agement practices, such as increased mowing Mr. CASSIDY, and Mr. RUBIO) submitted
heights and planting native grasses and pol- mined under the Risk Rating 2.0 method-
an amendment intended to be proposed ology (or any substantially similar method-
linator-friendly habitats, along a right-of-
way on a Federal-aid highway, if the imple- to amendment SA 2137 proposed by Mr. ology), that limitation shall remain in effect
mentation of those practices— SCHUMER (for Ms. SINEMA (for herself, for each year until the year in which those
‘‘(1) is in the public interest; and Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- full actuarial rates takes effect.
‘‘(2) will not impair the highway or inter- SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. (c) RULE OF CONSTRUCTION.—Nothing in
subsection (b) may be construed as prohib-
fere with the free and safe flow of traffic.’’. TESTER, Ms. MURKOWSKI, Mr. WARNER,
iting the Administrator from reducing, in
and Mr. ROMNEY)) to the bill H.R. 3684, any year, the amount of any covered cost, as
SA 2611. Mr. HEINRICH submitted an to authorize funds for Federal-aid high- compared with the amount of the covered
amendment intended to be proposed to ways, highway safety programs, and cost during the previous year.
amendment SA 2137 proposed by Mr. transit programs, and for other pur- (d) AVERAGE HISTORICAL LOSS YEAR.—Sec-
SCHUMER (for Ms. SINEMA (for herself, poses; which was ordered to lie on the tion 1308 of the National Flood Insurance Act
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS- table; as follows: of 1968 (42 U.S.C. 4015) is amended by striking
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. At the appropriate place, insert the fol- subsection (h) and inserting the following:
TESTER, Ms. MURKOWSKI, Mr. WARNER, lowing: ‘‘(h) RULE OF CONSTRUCTION.—For purposes
and Mr. ROMNEY)) to the bill H.R. 3684, SEC. lll. CAP ON ANNUAL PREMIUM IN-
of this section, the calculation of an ‘average
to authorize funds for Federal-aid high- CREASES. historical loss year’ shall be computed in ac-
(a) DEFINITIONS.—In this section— cordance with generally accepted actuarial
ways, highway safety programs, and
(1) the term ‘‘Administrator’’ means the principles.’’.
transit programs, and for other pur- (e) DISCLOSURE WITH RESPECT TO THE AF-
poses; which was ordered to lie on the Administrator of the Federal Emergency
Management Agency; and FORDABILITY STANDARD.—Section 1308(j) of
table; as follows: (2) the term ‘‘covered cost’’— the National Flood Insurance Act of 1968 (42
At the end of title XII of division D, add (A) means— U.S.C. 4015(j)) is amended, in the second sen-
the following: (i) the amount of an annual premium with tence, by inserting ‘‘and shall include in the
SEC. 412lll. HISTORIC PRESERVATION FUND. respect to any policy for flood insurance report the number of those exceptions as of
Section 303102 of title 54, United States under the National Flood Insurance Pro- the date on which the Administrator submits
Code, is amended by— gram; the report and the location of each policy-
(1) striking ‘‘of fiscal years 2012 to 2023’’ (ii) any surcharge imposed with respect to holder insured under those exceptions, orga-
and inserting ‘‘fiscal year’’; and a policy described in clause (i) (other than a nized by county and State’’ after ‘‘of the
(2) striking ‘‘$150,000,000’’ and inserting surcharge imposed under section 1304(b) of Senate’’.
‘‘$300,000,000’’. the National Flood Insurance Act of 1968 (42 SEC. lll. MEANS TESTED AFFORDABILITY
U.S.C. 4011(b))), including a surcharge im- VOUCHER.
SA 2612. Mr. BENNET (for himself posed under section 1308A(a) of that Act (42 (a) IN GENERAL.—Chapter I of the National
and Mr. HICKENLOOPER) submitted an U.S.C. 4015a(a)); and Flood Insurance Act of 1968 (42 U.S.C. 4011 et
amendment intended to be proposed to (iii) a fee described in paragraph (1)(B)(iii) seq.) is amended by adding at the end the fol-

SSpencer on DSK126QN23PROD with SENATE
or (2) of section 1307(a) of the National Flood lowing:
amendment SA 2137 proposed by Mr.
Insurance Act of 1968 (42 U.S.C. 4014(a)); and ‘‘SEC. 1326. AFFORDABILITY ASSISTANCE.
SCHUMER (for Ms. SINEMA (for herself,
(B) does not include any cost associated ‘‘(a) AFFORDABILITY ASSISTANCE FUND.—
Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
with the purchase of insurance under section ‘‘(1) ESTABLISHMENT.—The Administrator
SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr. 1304(b) of the National Flood Insurance Act shall establish in the Treasury of the United
TESTER, Ms. MURKOWSKI, Mr. WARNER, of 1968 (42 U.S.C. 4011(b)), including any sur- States an Affordability Assistance Fund (re-
and Mr. ROMNEY)) to the bill H.R. 3684, charge that relates to insurance purchased ferred to in this section as the ‘Fund’), which
to authorize funds for Federal-aid high- under such section 1304(b). shall be—

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