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SECTION 1. SHORT TITLE.
This Act may be cited as the ''American Veterans Disabled for Life
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Armed Forces of the United States have answered the
call and served with distinction around the world--from hitting the
beaches in World War II in the Pacific and Europe, to the cold and
difficult terrain in Korea, the steamy jungles of Vietnam, and the
desert sands of the Middle East.
(2) All Americans should commemorate those who come home having
survived the ordeal of war, and solemnly honor those who made the
ultimate sacrifice in giving their lives for their country.
(3) All Americans should honor the millions of living disabled
veterans who carry the scars of war every day, and who have made
enormous personal sacrifices defending the principles of our
democracy.
(4) In 2000, Congress authorized the construction of the
American Veterans Disabled for Life Memorial.
(5) The United States should pay tribute to the Nation's living
disabled veterans by minting and issuing a commemorative silver
dollar coin.
(6) The surcharge proceeds from the sale of a commemorative
coin would raise valuable funding for the construction of the
American Veterans Disabled for Life Memorial.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in
this Act referred to as the ''Secretary'') shall mint and issue not
more than 350,000 $1 coins in commemoration of disabled American
veterans, 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 sections 5134 and 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.--
(1) Design.--The design of the coins minted under this Act
shall be emblematic of the service of our disabled veterans who,
having survived the ordeal of war, made enormous personal
sacrifices defending the principles of our democracy.
(2) Designation and inscriptions.--On each coin minted under
this Act, there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ''2010''; and
(C) inscriptions of the words ''Liberty'', ''In God We
Trust'', ''United States of America'', and ''E Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with the
Disabled Veterans' LIFE Memorial Foundation and the Commission of
Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--
(1) In general.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under
this Act.
(2) Use of the united states mint at west point, new york.--It
is the sense of the Congress that the coins minted under this Act
should be struck at the United States Mint at West Point, New York,
to the greatest extent possible.
(c) Period for Issuance.--The Secretary may issue coins under this
Act only during the calendar year beginning on January 1, 2010.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7 with respect to such
coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(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) In General.--All sales of coins issued under this Act shall
include a surcharge of $10 per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be paid to the Disabled Veterans'
LIFE Memorial Foundation for the purpose of establishing an endowment
to support the construction of American Veterans' Disabled for Life
Memorial in Washington, D.C.
(c) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the Disabled Veterans' LIFE Memorial Foundation as may be
related to the expenditures of amounts paid 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.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.
American Veterans Disabled for Life Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $1 silver coins emblematic of the service of our disabled veterans who, having survived the ordeal of war, made enormous personal sacrifices defending the principles of our democracy.

Expresses the sense of Congress that, to the greatest extent possible, the coins should be struck at the U.S. Mint at West Point, New York.

Limits the period for coin issuance to the calendar year beginning on January 1, 2010.

Imposes a $10 surcharge per coin, to be distributed to the Disabled Veterans' LIFE Memorial Foundation for the purpose of establishing an endowment to support the construction of American Veterans' Disabled for Life Memorial in Washington, D.C.

Prohibits a surcharge with respect to the issuance under this Act of any coin during a calendar year if, at the time of issuance, it would result in more than the statuory maximum of two commemorative coin programs per year.

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.''.
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.

SECTION 1. FINDINGS.

Congress finds the following:
(1) Methyl bromide is a broad spectrum pesticide which
protects plants and agricultural products from a wide range of
insects, rodents, viruses, fungi, weeds, and nematodes.
(2) American farmers depend on methyl bromide to grow,
store, ship, process, and trade over 100 different crops.
(3) The agricultural community has no safe, effective,
commercially available alternatives to methyl bromide. Some
nonchemical pest control alternatives have proven effective in
small scale tests but are largely untested, much less proven,
for commercial food production purposes. The Environmental
Protection Agency's Office of Prevention, Pesticides, and Toxic
Substances reports that few substitutes exist, all of which
pose potential human health and environmental risks.
(4) In 1992, the Montreal Protocol on Substances Depleting
the Ozone Layer was amended to include methyl bromide.
(5) According to the 1992 Science Assessment Report to the
Montreal Protocol, agricultural use of methyl bromide accounts
for less than 3 percent of the threat to the ozone layer, and a
similar report issued in 1994 notes that the Earth's ozone
layer will return to normal by the middle of the next century
even if methyl bromide remains available to farmers.
(6) In 1993, despite the importance of methyl bromide, the
lack of alternatives, and many scientific uncertainties, the
Environmental Protection Agency, citing the Montreal Protocol,
listed methyl bromide as an ozone depleting chemical under the
provisions of the Clean Air Act and ordered United States
production frozen at 1991 levels and an end to production by
January 1, 2001.
(7) Given current alternatives, analysis at the University
of Florida predicts a 43 percent decline in affected vegetable
acreage in Florida. A 1993 United States Department of
Agriculture study finds that the ban will cost as much as
$1,500,000,000 in Florida, Georgia, California, North Carolina,
and South Carolina, the 5 States where methyl bromide is most
utilized.

SEC. 2. CONTROL OF METHYL BROMIDE.

(a) Definitions.--For purposes of this section:
(1) The term ''use as a pesticide'' includes farming and
post-harvest uses.
(2) The term ''pesticide'' has the same meaning as when
used in the Federal Insecticide, Fungicide, and Rodenticide
Act.
(3) The term ''control'' means, with respect to any
substance, any ban, phase-out, or other restriction on the
production, importation, export, consumption, or use of the
substance.
(4) The term ''Administrator'' means the Administrator of
the Environmental Protection Agency.
(b) Restrictions on EPA Authority.--Except as provided in
subsection (c) or (d), the Administrator may not--
(1) control the production, importation, or export of the
substance methyl bromide pursuant to title VI of the Clean Air
Act (42 U.S.C. section 7671-7671q) for consumption or use as a
pesticide;
(2) control the consumption or use of methyl bromide as a
pesticide; or
(3) require the labelling of any agricultural product
treated with methyl bromide.
(c) Existence of Substitutes or Alternatives.--The Administrator
may take any action described in paragraph (1), (2), or (3) of
subsection (b), or any combination of such actions, if the Secretary of
Agriculture has certified by rule that there exist viable, cost-
effective substitutes or other alternatives to the consumption or use
of methyl bromide as a pesticide for specified agricultural commodities
and products. If the Secretary has made a certification under this
paragraph, a control permitted pursuant to such certification shall
apply only with respect to those specified applications and to those
specified commodities and products for which the certification is made.
(d) Montreal Protocol.--The Administrator may take any action
described in paragraph (1), (2), or (3) of subsection (b), or any
combination of such actions, if the United States is required by the
Montreal Protocol to implement a control on the production,
importation, or export of methyl bromide for consumption or use as a
pesticide or a control on the consumption or use of methyl bromide as a
pesticide. The applicability, contents and timing of any such control--
(1) shall be no more stringent or restrictive than
specifically required by the Montreal Protocol,
(2) shall be equally required of all parties to the
Montreal Protocol; and
(3) shall include all exemptions, exceptions, and other
flexibility (including exemptions for production, importation,
export, and consumption, for both preshipment and quarantine
uses) allowed by the Montreal Protocol.
(e) Inconsistent EPA Actions.--All rules, standards and other
regulatory actions promulgated, published, or otherwise issued by the
Administrator of the Environmental Protection Agency before the date of
enactment of this Act are repealed to the extent they impose a control
which is not specifically required by the Montreal Protocol.
(f) Savings Clause.--Nothing in this Act shall be construed to
affect the provisions of 40 C.F.R. Sec. Sec. 82.9, 82.10, 82.11, and
82.12 (relating to Article 5 parties and transfers), or any other
regulatory provisions granting exemptions, exceptions, or other
flexibility not prohibited by the Montreal Protocol.
Prohibits the Administrator of the Environmental Protection Agency from controlling the consumption, production, importation, or export of methyl bromide for pesticide use, except: (1) as required by the Montreal Protocol of all parties; or (2) upon a Department of Agriculture certification of appropriate alternatives or substitutes.