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Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coordination of Wind and Flood 
Perils Act of 2010''.

SEC. 2. PAYMENT OF MULTIPERIL CLAIMS.

    The National Flood Insurance Act of 1968 is amended by inserting 
after section 1312 (42 U.S.C. 4019) the following new section:

``SEC. 1312A. PAYMENT OF MULTIPERIL CLAIMS.

    ``(a) Purposes.--The purposes of this section are--
            ``(1) to allow an insured individual or small business to 
        commence repairs or replacement, or both, of insured property 
        and to recommence business operations as soon as possible after 
        a natural disaster; and
            ``(2) to remove the burden of determining flood and wind 
        loss allocation for the purpose of insurance claims from the 
        insured and to place such burden on the entities that are 
        responsible for the payment of such claims.
    ``(b) Payment of Multiperil Claims.--
            ``(1) In general.--In the event of an occurrence of loss 
        resulting from physical damage to or loss of real property or 
        personal property related thereto located in the United States 
        arising from the combined perils of flood and wind, the 
        Administrator and any insurer (including a State-run windpool) 
        that insures the wind peril shall enter into good faith 
        negotiations regarding--
                    ``(A) the general method or methods by which proven 
                claims for such multiperil losses shall be adjusted and 
                paid; and
                    ``(B) the allocation of such payments between the 
                insurer, the Administrator, and the insured.
            ``(2) Limitation.--
                    ``(A) In general.--In the event that the 
                Administrator and an insurer (including a State-run 
                windpool) that insures the wind peril cannot agree as 
                to the specific distribution of perils that resulted in 
                a loss described under paragraph (1), the Administrator 
                shall pay 50 percent of the disputed claim until the 
                claim can be settled.
                    ``(B) Fair share.--The terms of any agreement or 
                negotiations entered into pursuant to paragraph (1) 
                shall require that, in order to fully compensate the 
                insured for his, her, or its loss as soon as 
                practicable after the occurrence of such loss, an 
                insurer (including a State-run windpool) that insures 
                the wind peril pay 50 percent of any disputed claim 
                until the claim can be settled.
                    ``(C) No overcompensation.--The Administrator and 
                an insurer (including a State-run windpool) that 
                insures the wind peril shall work collaboratively to 
                ensure that an insured policyholder does not receive 
                payments under this section in excess of the amount of 
                the insured's actual loss.
                    ``(D) Rule of construction.--Nothing in this 
                section shall be construed to negate, set aside, or 
                void any policy limit, including any loss limitation, 
                set forth in a standard flood insurance policy.
    ``(c) Failure To Reach Agreement on Loss Allocation.--The terms of 
any agreement or negotiations entered into pursuant to subsection 
(b)(1) shall require that if an insurer (including a State-run 
windpool) that insures the wind peril and the Administrator fail to 
reach an agreement regarding multiperil losses pursuant to subsection 
(b), including as to the cause or allocation of a multiperil loss, then 
each such entity shall agree to have any dispute relating to multiperil 
losses resolved by the arbitration panel established under subsection 
(d).
    ``(d) Arbitration Panel.--
            ``(1) Establishment.--As allowed under section 1307(e) of 
        the National Flood Insurance Act of 1968 (42 U.S.C. 4104), and 
        notwithstanding any other provision of law, not later than 90 
        days after the date of enactment of this Act, the Administrator 
        of the Federal Emergency Management Agency shall establish an 
        arbitration panel to efficiently and clearly resolve disputes 
        relating to multiperil losses between the Administrator and an 
        insurer (including a State-run windpool) that insures the wind 
        peril.
            ``(2) Membership.--The arbitration panel established under 
        paragraph (1) shall be comprised of 5 members.
            ``(3) Required qualifications.--
                    ``(A) Administrative law expertise.--At least 1 
                member of the arbitration panel established under 
                paragraph (1) shall have expertise in administrative 
                law.
                    ``(B) Water resources expertise.--At least 1 member 
                of the arbitration panel established under paragraph 
                (1) shall have expertise in water resources.
                    ``(C) Hurricane modeling expertise.--At least 1 
                member of the arbitration panel established under 
                paragraph (1) shall have expertise in hurricane 
                modeling.
            ``(4) No fema employees.--No member of the arbitration 
        panel established under paragraph (1) may be a current or 
        former employee of the Federal Emergency Management Agency.
            ``(5) Independence.--Each member of the arbitration panel 
        established under paragraph (1) shall be independent and 
        neutral.''.

A: Coordination of Wind and Flood Perils Act of 2010 - Amends the National Flood Insurance Act of 1968 to direct the Administrator of Federal Emergency Management Agency (FEMA) and any insurer (including a state-run windpool), in the event of loss resulting from physical damage to real property or personal property arising from the combined perils of flood and wind, to enter into good faith negotiations regarding: (1) payment and adjustment of proven claims for multiperil losses; and (2) the allocation of such payments among the insurer, the Administrator, and the insured.

Directs the Administrator to pay 50% percent of the disputed claim until it can be settled, if the Administrator and the insurer cannot agree as to the specific distribution of perils that resulted in a loss.

Requires such good faith negotiations to require that: (1) in order to fully compensate the insured for losses as soon as practicable, the insurer against wind peril shall pay 50% of any disputed claim until the claim can be settled; and (2) if an insurer against wind peril and the Administrator fail to agree regarding multiperil losses, then each shall agree to have any dispute resolved by the arbitration panel established under this Act.

Directs the Administrator to establish an arbitration panel to resolve disputes relating to multiperil losses between the Administrator and an insurer against wind peril.
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Q: SEC. 1. SHORT TITLE.

    This Act may be cited as the ``Postal Service Enhancement Act''.

                   TITLE I--RATEMAKING FLEXIBILITIES

SEC. 101. COMPETITIVE AND NONCOMPETITIVE PRODUCTS DEFINED.

    Section 102 of title 39, United States Code, is amended by striking 
``and'' at the end of paragraph (3), by striking the period at the end 
of paragraph (4) and inserting a semicolon, and by adding at the end 
the following:
            ``(5) `competitive product' refers to any postal product 
        which the Postal Rate Commission has determined, based on 
        appropriate economic factors prescribed by the Commission, 
        competes for business in a competitive market; and
            ``(6) `noncompetitive product' refers to any postal product 
        that is not a competitive product.''.

SEC. 102. RATES AND FEES FOR NONCOMPETITIVE PRODUCTS.

    (a) Current Ratemaking Procedures Cease To Apply With Respect to 
Competitive Products.--Section 3622(a) of title 39, United States Code, 
is amended by adding at the end the following: ``This section shall 
apply only in the case of noncompetitive products.''.
    (b) Prohibition on Subsidizing Competitive Products.--Section 
3622(b) of title 39, United States Code, is amended by striking ``and'' 
at the end of paragraph (8), by redesignating paragraph (9) as 
paragraph (10), and by inserting after paragraph (8) the following:
            ``(9) the requirement that no rate or fee for a 
        noncompetitive product shall subsidize any rate or fee for a 
        competitive product; and''.

SEC. 103. AUTHORITY TO INCREASE RATES FOR NONCOMPETITIVE PRODUCTS 
              INCREMENTALLY.

    Section 3624 of title 39, United States Code, is amended by adding 
at the end the following:
    ``(e) If a request made by the Postal Service under section 3622 
proposes that one or more rates of postage or fees for postal services 
be changed incrementally, the recommended decision of the Commission 
may include provisions responsive to that proposal.''.

SEC. 104. NEGOTIATED SERVICE AGREEMENTS.

    Title 39, United States Code, is amended by inserting after section 
3642 the following:
``Sec. 3643. Negotiated service agreements
    ``(a) The Postal Service may enter into negotiated service 
agreements with mail users under this section and in accordance with 
the policies of this title.
    ``(b) A negotiated service agreement may not be entered into unless 
each of the following conditions is met:
            ``(1) The agreement can reasonably be expected to result in 
        net benefits to the operation of a nationwide postal system.
            ``(2) The Postal Service remains willing and able to enter 
        into similar negotiated service agreements with other similarly 
        situated mail users (determined without regard to size).
            ``(3) Rates and fees payable during the term of the 
        negotiated service agreement are reasonably calculated to yield 
        to the Postal Service total revenues (after taking into account 
        any costs avoided, and any additional costs incurred, by the 
        Postal Service pursuant to the agreement) at least equal to the 
        revenues that would be generated over that same period of time 
        by application of the rate or rates chargeable under the 
        classification or classifications of mail service most similar 
        to the services performed under the agreement.
    ``(c) A negotiated service agreement that involves one or more 
noncompetitive products shall not become effective unless the Postal 
Rate Commission first certifies, in accordance with such expedited 
procedures as the Commission shall by regulation establish, that the 
agreement meets the requirements of this section. Certifications under 
this subsection may, notwithstanding section 3628, be appealed to any 
court of appeals of the United States.
    ``(d) For purposes of this section, the term `negotiated service 
agreement' means an agreement between a mail user and the Postal 
Service requiring performance by the mail user, the Postal Service, or 
both, of any combination of activities that, with respect to one or 
more classes of mail, differs significantly from those that would 
otherwise apply.''.

SEC. 105. COMPETITIVE PRODUCTS.

    Subchapter II of chapter 36 of title 39, United States Code, is 
amended by adding at the end the following:
``Sec. 3630. Competitive products
    ``(a) The Postal Service may offer competitive products under this 
section and in accordance with the policies of this title.
    ``(b) A competitive product may not be offered unless each of the 
following conditions is met:
            ``(1) The product can reasonably be expected to result in 
        net benefits to the operation of a nationwide postal system.
            ``(2) The rates or fees for the product--
                    ``(A) comply with the factors specified in section 
                3622(b); and
                    ``(B) are not subsidized by any rates or fees for 
                noncompetitive products.
    ``(c)(1) Interested parties who believe the Postal Service is 
offering a competitive product which does not conform to the policies 
set out in this title may lodge a complaint with the Postal Rate 
Commission in such form and in such manner as it may prescribe. The 
Commission may, in its discretion, hold hearings on such complaint and 
may issue an order providing for such interim relief as the Commission 
considers appropriate. The Commission shall issue an order deciding the 
complaint as expeditiously as possible.
    ``(2) The Postal Service shall comply with orders of the Commission 
under this subsection. Such orders may, notwithstanding section 3628, 
be appealed to any court of appeals of the United States.
    ``(3) Section 3662 shall not apply to complaints relating to 
competitive products.''.

SEC. 106. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) The heading for section 3622 of title 39, United States Code, 
is amended to read as follows:
``Sec. 3622. Rates and fees for noncompetitive products''.
    (b) The table of sections for chapter 36 of title 39, United States 
Code, is amended--
            (1) by striking the item relating to section 3622 and 
        inserting the following:

``3622. Rates and fees for noncompetitive products.'';
            (2) by adding after the item relating to section 3629 the 
        following:

``3630. Competitive products.''; and
            (3) by inserting after the item relating to section 3642 
        the following:

``3643. Negotiated service agreements.''.

SEC. 107. SAVINGS PROVISIONS.

    (a) Postal Products; Rates and Fees.--Until otherwise provided in 
accordance with title 39, United States Code (as amended by this title 
or as deemed to have remained in effect under subsection (b), as the 
case may be)--
            (1) all postal products offered immediately before this Act 
        takes effect shall continue being offered; and
            (2) all rates and fees in effect under such title 
        immediately before this Act takes effect shall remain in 
        effect.
    (b) Proceedings Pending.--This title shall not affect any 
proceedings pending immediately before the date of enactment of this 
Act, and any such proceedings shall continue under applicable 
provisions of title 39, United States Code, as last in effect before 
such date of enactment, until completed or terminated in accordance 
therewith.

   TITLE II--NATIONAL COMMISSION ON POSTAL EFFICIENCY AND ENHANCEMENT

SEC. 201. ESTABLISHMENT.

    There is established a commission to be known as the ``National 
Commission on Postal Efficiency and Enhancement'' (hereinafter in this 
title referred to as the ``Commission'').

SEC. 202. FUNCTIONS OF THE COMMISSION.

    The Commission shall review the present practices and 
organizational structure of the United States Postal Service, with a 
view toward identifying--
            (1) areas of inefficiency or waste; and
            (2) methods for improving operations involved in the 
        collection, processing, or delivery of mail.

SEC. 203. MEMBERSHIP.

    (a) Number and Appointment.--The Commission shall be composed of 8 
members appointed by the President, except that of those members--
            (1) 2 shall be appointed from among individuals recommended 
        by the majority leader of the Senate; and
            (2) 2 shall be appointed from among individuals recommended 
        by the Speaker of the House of Representatives.
    (b) Qualifications.--An individual appointed to serve on the 
Commission shall have expertise in mail delivery, organizational 
efficiency, labor relations, or other relevant subject areas.
    (c) Initial Appointments.--It is the sense of the Congress that the 
members of the Commission should be appointed within 90 days after the 
date of enactment of this Act.
    (d) Chairman.--The Chairman of the Commission shall be designated 
by the President.
    (e) Pay.--Members shall be paid at a rate to be established by the 
President, not to exceed the rate payable for level I of the Executive 
Schedule under section 5312 of title 5, United States Code.

SEC. 204. ADMINISTRATION.

    (a) In General.--The Chairman of the Commission shall exercise the 
executive and administrative functions of the Commission, and may 
appoint such staff as may be necessary for the operation of the 
Commission.
    (b) Information From Agencies.--The Commission may secure from any 
department, agency, independent establishment, or other instrumentality 
of the United States, any information necessary to enable it to carry 
out its functions under this title. Upon receiving a request under the 
preceding sentence, the head of the instrumentality involved shall, to 
the extent authorized by law, furnish such information directly to the 
Commission.

SEC. 205. REPORTING REQUIREMENTS.

    The Commission shall transmit to the President and the Congress, 
within 2 years after the date of enactment of this Act, a report 
containing a detailed statement of the findings and conclusions of the 
Commission, together with its recommendations for any legislation or 
administrative actions which the Commission considers appropriate.

SEC. 206. TERMINATION.

    The Commission shall terminate as of the date on which the work of 
the Commission has been completed.

     TITLE III--ENHANCED AUTHORITIES FOR THE POSTAL RATE COMMISSION

SEC. 301. ENHANCED AUTHORITIES.

    Section 3604 of title 39, United States Code, is amended by adding 
at the end the following:
    ``(f)(1) Any Commissioner of the Postal Rate Commission, any 
administrative law judge appointed by the Commission under section 3105 
of title 5, and any employee of the Commission designated by the 
Commission, may administer oaths, examine witnesses, take depositions, 
and receive evidence.
    ``(2) The Chairman of the Commission, any Commissioner designated 
by the Chairman, and any administrative law judge appointed by the 
Commission under section 3105 of title 5 may, with respect to any 
proceeding conducted by the Commission under this title--
            ``(A) issue subpoenas requiring the attendance and 
        presentation of testimony, or the production of documentary or 
        other evidence in the possession, of any covered individual; 
        and
            ``(B) order the taking of depositions or responses to 
        written interrogatories by a covered individual.
    ``(3) In the case of contumacy or failure to obey a subpoena or 
order issued under this subsection, upon application by the Commission, 
the district court of the United States for the district in which the 
person to whom the subpoena or order is addressed resides or is served 
may issue an order requiring such person to appear at any designated 
place to testify or produce documentary or other evidence. Any failure 
to obey the order of the court may be punished by the court as a 
contempt thereof.
    ``(4) For purposes of this subsection, the term `covered 
individual' means an officer or employee or agent of the Postal Service 
or of a contractor of the Postal Service.
    ``(g)(1) If the Postal Service determines that any testimony, 
document, or other matter provided pursuant to a subpoena or order 
issued under subsection (f), or otherwise provided by the Postal 
Service to the Postal Rate Commission in connection with any proceeding 
or other purpose under this title, contains information which is 
described in section 410(c) of this title, or exempt from public 
disclosure under section 552(b) of title 5, the Postal Service shall, 
at the time such matter is provided to the Commission, notify the 
Commission, in writing, of its determination (and the reasons 
therefor).
    ``(2) The Commission shall establish procedures for ensuring, where 
appropriate, the confidentiality of any information as to which it has 
been notified under paragraph (1).''.

A: (Sec. 104) Outlines conditions under which the Postal Service (Service) may enter into negotiated service agreements with mail users, including that: (1) the agreement will result in net benefits to the nationwide postal system; and (2) rates and fees payable under the agreement are calculated to yield revenues to the Service that are at least equal to revenues generated by rates chargeable for other mail services. Allows any such agreement that involves one or more noncompetitive products to be effective only after the Postal Rate Commission (Commission) first certifies that such agreement meets requirements applicable to all mail service agreements.
(Sec. 105) Outlines conditions under which the Service may offer competitive products. Provides conditions under which a party who believes that the Service is offering a competitive product which does not conform to such conditions may lodge a complaint with the Commission.
Title II: National Commission on Postal Efficiency and Enhancement
 - Establishes the National Commission on Postal Efficiency and Enhancement to review and report on the present practices and organizational structure of the Service, with a view toward identifying waste or inefficiency and improving the collection, processing, and delivery of mail.
Title III: Enhanced Authorities for the Postal Rate Commission
 - Authorizes any Commission commissioner, any administrative law judge appointed by the Commission, and any Commission employee to administer oaths, examine witnesses, take depositions, and receive evidence. Authorizes the Commission Chairman, any designated commissioner, or any Commission-appointed administrative law judge to issue subpoenas and order the taking of depositions or responses to written interrogatories.
****
Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mother's Day Centennial 
Commemorative Coin Act''.

SEC. 2. FINDINGS.

    The Congress hereby finds as follows:
            (1) Anna Jarvis, who is considered to be the founder of the 
        modern Mother's Day, was born in Webster, West Virginia on May 
        1, 1864.
            (2) A resident of Grafton, West Virginia, Anna Jarvis 
        dedicated much of her adult life to honoring her mother, Anna 
        Reeves Jarvis, who passed on May 9, 1905.
            (3) In 1908, the Andrews Methodist Episcopal Church of 
        Grafton, West Virginia, officially proclaimed the third 
        anniversary of Anna Reeves Jarvis' death to be Mother's Day.
            (4) In 1910, West Virginia Governor, William Glasscock, 
        issued the first Mother's Day Proclamation encouraging all West 
        Virginians to attend church and wear white carnations.
            (5) On May 8, 1914, the Sixty-Third Congress approved H. J. 
        Res. 263 designating the second Sunday in May to be observed as 
        Mother's Day and encouraging all Americans to display the 
        American flag at their homes as a public expression of the love 
        and reverence for the mothers of our Nation.
            (6) On May 9, 1914, President Woodrow Wilson issued a 
        Presidential Proclamation directing government officials to 
        display the American flag on all government buildings and 
        inviting the American people to display the flag at their homes 
        on the second Sunday of May as a public expression of the love 
        and reverence for the mothers of our nation.

SEC. 3. COIN SPECIFICATIONS.

    (a) Denominations.--The Secretary of the Treasury (hereinafter in 
this Act referred to as the ``Secretary'') shall mint and issue not 
more than 400,000 $1 coins each of which shall--
            (1) weigh 26.73 grams;
            (2) have a diameter of 1.500 inches; and
            (3) contain 90 percent silver and 10 percent copper.
    (b) Legal Tender.--The coins minted under this Act shall be legal 
tender, as provided in section 5103 of title 31, United States Code.
    (c) Numismatic Items.--For purposes of section 5136 of title 31, 
United States Code, all coins minted under this Act shall be considered 
to be numismatic items.

SEC. 4. DESIGN OF COINS.

    (a) Design Requirements.--The design of the coins minted under this 
Act shall be emblematic of the 100th anniversary of President Wilson's 
proclamation designating the second Sunday in May as Mother's Day.
    (b) Designation and Inscriptions.--On each coin minted under this 
Act there shall be--
            (1) a designation of the value of the coin;
            (2) an inscription of the year ``2014''; and
            (3) inscriptions of the words ``Liberty'', ``In God We 
        Trust'', ``United States of America'', and ``E Pluribus Unum''.
    (c) Selection.--The design for the coins minted under this Act 
shall be--
            (1) selected by the Secretary after consultation with the 
        Commission of Fine Arts; and
            (2) reviewed by the Citizens Coinage Advisory Committee 
        established under section 5135 of title 31, United States Code.

SEC. 5. ISSUANCE OF COINS.

    (a) Quality of Coins.--Coins minted under this Act shall be issued 
in uncirculated and proof qualities.
    (b) Commencement of Issuance.--The Secretary may issue coins minted 
under this Act beginning January 1, 2014, except that the Secretary may 
initiate sales of such coins, without issuance, before such date.
    (c) Termination of Minting Authority.--No coins shall be minted 
under this Act after December 31, 2014.

SEC. 6. SALE OF COINS.

    (a) Sale Price.--Notwithstanding any other provision of law, the 
coins issued under this Act shall be sold by the Secretary at a price 
equal to the sum of the face value of the coins, the surcharge required 
under section 7(a) for the coins, and the cost of designing and issuing 
such coins (including labor, materials, dies, use of machinery, 
overhead expenses, and marketing).
    (b) Bulk Sales.--The Secretary shall make bulk sales of the coins 
issued under this Act at a reasonable discount.
    (c) Prepaid Orders at a Discount.--
            (1) In general.--The Secretary shall accept prepaid orders 
        for the coins minted under this Act before the issuance of such 
        coins.
            (2) Discount.--Sale prices with respect to prepaid orders 
        under paragraph (1) shall be at a reasonable discount.

SEC. 7. SURCHARGES.

    (a) Surcharge Required.--All sales shall include a surcharge of $10 
per coin.
    (b) Distribution.--Subject to section 5134(f) of title 31, United 
States Code, all surcharges which are received by the Secretary from 
the sale of coins issued under this Act shall be promptly paid by the 
Secretary as follows:
            (1) \1/2\ to the Susan G. Komen for the Cure for the 
        purpose of furthering research funded by the organization.
            (2) \1/2\ to the National Osteoporosis Foundation for the 
        purpose of furthering research funded by the Foundation.
    (c) Audits.--The Susan G. Komen for the Cure and the National 
Osteoporosis Foundation shall be subject to the audit requirements of 
section 5134(f)(2) of title 31, United States Code, with regard to the 
amounts received by the respective organizations under subsection (b).
    (d) Limitation.--Notwithstanding subsection (a), no surcharge may 
be included with respect to the issuance under this Act of any coin 
during a calendar year if, as of the time of such issuance, the 
issuance of such coin would result in the number of commemorative coin 
programs issued during such year to exceed the annual 2 commemorative 
coin program issuance limitation under section 5112(m)(1) of title 31, 
United States Code (as in effect on the date of the enactment of this 
Act). The Secretary of the Treasury may issue guidance to carry out 
this subsection.

            Passed the House of Representatives June 10, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

A:
Mother's Day Centennial Commemorative Coin Act - Instructs the Secretary of the Treasury to mint and issue not more than 400,000 $1 coins emblematic of the 100th anniversary of President Wilson's proclamation designating the second Sunday in May as Mother's Day.

Authorizes the Secretary to issue such coins beginning January 1, 2014, except that the Secretary may initiate sales of such coins, without issuance, before such date.

Terminates such minting authority after December 31, 2014.

Requires coin sales to include a $10 surcharge per coin, with distribution of such surcharges to the Susan G. Komen for the Cure and the National Osteoporosis Foundation for the purpose of furthering research.

Prohibits any surcharge if the coin's issuance would cause the number of commemorative coin programs issued during the year to exceed the annual two commemorative coin program issuance limitation.
****